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HomeMy WebLinkAboutZA2014-014 - A modification permit to allow an 62-percent addition to an existing nonconforming single-family residence where the code limits additions up to 10 percent of the existing gross floor area when the re - 210 La Jolla DrRESOLUTION NO. ZA2014 -014 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2014 -002 TO ALLOW A 65- PERCENT ADDITION TO AN EXISTING NONCONFORMING SINGLE - FAMILY RESIDENCE LOCATED AT 210 LA JOLLA DRIVE (PA2014 -037) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Scott Peotter, Aslan Companies, Inc., on behalf of the property owner with respect to property located at 210 La Jolla Drive and legally described as Tract 444, Lot 47 and Portion of Abandoned Public Right -of -Way, requesting approval of a modification permit. 2. The applicant proposes a modification permit to allow a 65- percent addition to an existing nonconforming single - family residence where the code limits additions up to 10 percent of the existing gross floor area when the required parking dimensions are not provided. The garage currently provides a 17 -foot 8 -inch width and a 19 -foot 2 -inch depth where 20 feet is required for both dimensions. As proposed, the garage will be modified to provide an 18 -foot 10 -inch width and a compliant depth of 20 feet. 3. The subject property is located within the R -1 (Single -Unit Residential) Zoning District and the General Plan Land Use Element category is RS -D (Single Unit Residential Detached). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on May 15, 2014, 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) 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 1,041- 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. ZA2014 -014 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 findings for a modification permit 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 a development pattern of one- and two -story single - unit dwellings. The Modification Permit will allow a second -story addition to a one -story single -unit residence within the subdivision. 2. The applicant is proposing a 65- percent addition to the existing structures on the lot. The proposed addition will comply with all of the development standards, including floor area limitation, height, and setbacks. 3. The resulting residence will consist of 2,696 square feet (2,296 square feet plus a 400 - square -foot garage). Pursuant to Table 3 -10: Off - Street Parking Requirements of the Zoning Code, it will not require the addition of a third garage parking space since the livable floor area (not including the garage) is less than 4,000 square feet. 4. The proposed addition will result in a residence that is similar in bulk and scale to others in the Newport Heights neighborhood. 5. The existing development on the property is a single - family residence. As such, there is no change to the density or intensity under the proposed remodel and addition. 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 residences in this area were constructed with garages that were in compliance with the Zoning Code at the time of construction. The current Zoning Code requires minimum interior garage dimensions of 20 feet wide by 20 feet deep. The lot was permitted to be developed with a single - family residence and attached garage in 1955. Therefore, the structure is considered legal nonconforming. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -014 Paae 3 of 7 2. Although the existing garage does not provide the minimum clear interior dimensions required by the Zoning Code, it does provide two useable garage spaces and, therefore, meets the intent of the Zoning Code by providing adequate parking on the site. Approval of the Modification Permit allows the applicant to continue the use of the existing two -car garage, which has not proven detrimental to the occupants or neighbors. The existing garage provides clear interior dimensions of 17 feet 8 inches in width by 19 feet 2 inches in depth. The proposed alterations to the attached garage will result in an increased width of 18 feet 10 inches and a conforming depth of 20 feet. Given the design of the existing residence coupled with the grade difference and proposed scope of work, bringing the garage into conformance would require a significant expansion in the scope of work. The existing and proposed development will comply with the height limit, floor area limitation, and residential design criteria as shown on the proposed plans. 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: The clear interior dimensions of the existing two -car garage were in compliance with the Zoning Code at the time of original construction. However, as a result of amendments to the Zoning Code, the two -car garage is now substandard in size, and is therefore legal nonconforming. Bringing the existing two -car garage into conformance with the clear interior dimensions required by the current Zoning Code would result in a significant increase in the scope of the project. Since the existing garage provides two useable spaces, the intent of the code is achieved. 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: The alternatives would require that the applicant bring the existing two -car garage into conformance by expanding or relocating the existing garage. The garage is being expanded up to the 4 -foot side setback area and is hindered from further expansion inward by an existing structural wall and grade differential at the southwestern side of the garage. Zoning Administrator Resolution No. ZA2014 -014 Paae 4 of 7 2. The only other alternative is to maintain the existing residence without constructing the proposed addition. 3. The granting of the Modification Permit would not constitute a special privilege inconsistent with the limitations upon other R -1 zoned properties as it allows the property owner to maintain equity with other homes in the Newport Heights neighborhood, where similar additions have occurred. The proposed project is consistent with historic development in the neighborhood. 4. Strict compliance with 10- percent addition of the existing gross floor area pursuant to Section 20.38.060.2.a (Nonconforming Parking) of the Zoning Code significantly limits the ability of the property owner to create a two -story home thereby depriving a substantial property right afforded by other R -1 zoned lots in the Newport Heights neighborhood. 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 Though the proposed minimum clear interior dimensions will be less than the minimum required by the Zoning Code, it provides sufficient area for use as a two -car garage. The size of the spaces has not been detrimental to the occupants of the property, nearby properties, neighborhood, or City. The project will improve a nonconforming garage such that the provided interior dimensions are in substantial compliance with the required minimum dimensions and will comply with all other provisions of the R -1 Zoning District. 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. The applicant/owner is required to obtain a building permit. The construction will then be inspected prior to building permits being finaled. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2014 -002, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -014 Paae 5 of 7 Director in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 15" DAY OF MAY, 2014. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -014 Page6of7 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 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.) Modification Permit No. MD2014 -002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 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 Use Permit. 5. The Zoning Administrator may add to or modify the conditions of approval to this Modification Permit or revoke this Modification Permit upon a determination that the operation, which is the subject of this Modification Permit, causes injury, or is detrimental to the health, safety, peace, comfort, or general welfare of the community. 6. 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. 7. 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. 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 La Jolla Residence Modification Permit including, but not limited to, the Modification Permit No. MD2014 -002 (PA2014 -037). This 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -014 Paae 7 of 7 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 9. 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. 10. Prior to the issuance of building permits, the applicant shall provide a slope - stability analysis, if required by the Building Division, for review for the proposed addition consistent with Policy CBC 1803.5. 10 -15 -2013