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HomeMy WebLinkAboutZA2014-002 - Approving MD2013-016 allow 464 square foot addition to an existing single-family residence at 1736 Bayport WayRESOLUTION NO. ZA2014 -002 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2013 -016 TO ALLOW A 464- SQUARE -FOOT ADDITION TO AN EXISTING SINGLE - FAMILY RESIDENCE WITH NONCONFORMING PARKING AND A 1 -FOOT ENCROACHMENT INTO A SIDE SETBACK LOCATED AT 1736 BAYPORT WAY (PA2013 -187) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael G. and Michele Hardy, property owners, with respect to property located at 1736 Bayport Way, and legally described as Lot 12 of Tract 2467, in the City of Newport Beach requesting approval of a modification permit. 2. The applicant requests a modification permit to allow a 464- square -foot addition to an existing 2,790 square -foot single - family residence that is nonconforming due to the interior dimension of the garage. The existing two -car garage provides an interior width of 17 feet 2 inches and depth of 22 feet 1 inch, where a minimum 20 -foot by 20- foot interior dimension is required. The applicant is further requesting that a portion of the proposed addition encroach 1 -foot into the required 10 -foot side setback. 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 January 16, 2014, in the Corona del Mar Conference Room (Bay E -1 st 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 the requirements of the California Environmental Quality Act Guidelines under Class 1 (Existing Facilities). 2. The Class 1 exemption includes additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. The project Zoning Administrator Resolution No. ZA2014 -002 Paae 2 of 6 involves an addition of 464 square feet, or approximately 16 percent of the floor area of an existing single - family residence. 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: A -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. At the time of original construction the existing two -car garage was compliant in size. A -2. The neighborhood is developed with single - family residences. A number of these properties (including three others on Bayport Way) were developed with setback encroachments and parking dimensions similar to the subject property. The proposed addition will not change the single - family use of the property, and the setback encroachment is compatible with the development pattern in the vicinity. A -3. The subject property and those within the neighborhood are limited to a maximum site coverage of 60 percent. The approximate 16 percent addition will result in a site coverage of approximately 41 percent, which is less than the maximum allowed and is generally within the range of properties in the neighborhood. 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 Findina: B -1. The existing west side of the residence currently encroaches between 1 -foot 5 inches to 5 feet 1 inch into the 10 -foot side setback due to the orientation of the structure and the irregular shape of the lot. Maintaining the existing building line with the proposed family room addition is not possible without encroaching into the setback. B -2. The proposed family room addition is intended as an extension to the existing residence while limiting any disruption to the form and design of the structure. The 10 percent encroachment is the maximum extent permitted through a modification permit. Zoning Administrator Resolution No. ZA2014 -002 Paae 3 of 6 B -3. The granting of the Modification Permit is necessary to allow a reasonable addition to an existing residence that was constructed in compliance with garage standards in effect at the time, and that is adequate in width for the parking of two 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: C -1. Given the scope of work, increasing the width of the garage to 20 feet would result in a physical hardship requiring significant structural alterations to the living and dining room as well as the second floor living area above the garage. C -2. The proposed family room addition is designed to be architecturally compatible in form and shape with the existing residence to the maximum extent feasible. Modifying the addition to conform with the side setback would result in an architecturally inconsistent design. 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- D-1. Expanding the existing two -car garage to accommodate a 20 -foot interior garage width would significantly alter the interior layout of the residence. D -2. The proposed setback encroachment will not extend further than the existing residence, which has not shown to be a detriment. 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: E -1. The proposed addition will occur on the first floor toward the rear of the house, and the setback encroachment into the side setback will maintain a minimum distance of nine Zoning Administrator Resolution No. ZA2014 -002 Paae 4 of 6 feet from the nearest neighbor which will provide adequate protection for light, air, and privacy. The addition will not be visible from the street, will not preclude access to the dwelling, and will be consistent in scale with other residences in the neighborhood. E -2. The existing nonconforming garage has not proven to be detrimental to the surrounding neighborhood and is adequate in width to park two vehicles. E -3. The proposed addition will result in a site coverage that is less than the maximum allowed by the Zoning Code. t,90011111[07►EllM91 ]6*1 to]01 NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2013 -016, 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 after the adoption of this Resolution 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. PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF JANUARY, 2014. P, Zoning Administrator Zoning Administrator Resolution No. ZA2014 -002 Paae 5 of 6 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. This Modification may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or 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. 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. 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. 6. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 7. 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. 8. 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 compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 9. 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 Zoning Administrator Resolution No. ZA2014 -002 Paae 6 of 6 every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Hardy Residence Modification Permit including, but not limited to MD2013 -016 (PA2013 -187). 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.