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HomeMy WebLinkAboutZA2015-001 - Modification Permit to allow and addition larger than 10% for an existing single-unit dwelling that is nonconforming due to parking dimensions - 121 Harbor Island Rd RESOLUTION NO. ZA2015-001 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2014-009 TO ALLOW A 1,067-SQUARE-FOOT ADDITION TO AN EXISTING SINGLE-UNIT DWELLING WITH NONCONFORMING PARKING LOCATED AT 121 HARBOR ISLAND ROAD (PA2014-139) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Donna and David Janes, property owners, with respect to property located at 121 Harbor Island Road, and legally described as Lot 20 of Tract No. 3285 requesting approval of a modification permit. 2. The applicant proposes a modification permit to allow a 1,067-square-foot addition to an existing 4,803-square-foot single-unit dwelling with nonconforming parking. The property provides a two-car garage measuring 19 feet wide and 21 feet 9-1/2 inches deep where a minimum 20-foot by 20-foot interior dimension is required, and a third unenclosed driveway space measuring 8 feet 3 inches wide and 19 feet deep where an enclosed 10-foot by 20-foot minimum interior dimension is required. As proposed, the garage will be modified to provide an interior width of 19 feet and depth of 20 feet, and the driveway space will be expanded to a width of 10 feet and depth of 19 feet 6 inches. 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. The Coastal Land Use Plan category is Single-Unit Residential Detached (RSD-A). 5. A public hearing was held on January 15, 2015, 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 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). Zoning Administrator Resolution No. ZA2015-001 Page 2 of 7 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 involves an addition of 1,067 square feet, or approximately 22 percent of the floor area of an existing single-family dwelling. 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 generally comprised of a development pattern of one and two-story single-unit and two-unit dwellings. The Modification Permit will allow an addition to a two-story, single-unit dwelling which is compatible with abutting properties, which are single-unit dwellings. 2. The applicant is proposing a 1,067-square-foot addition to the existing dwelling. The proposed addition will comply with all applicable development standards, including floor area limit, height, and setbacks, and will not intensify or alter the existing nonconformities. 3. The proposed two-car garage and expanded driveway space provide three usable spaces which exceed the number and size of spaces required of dwellings (two spaces measuring 17 feet 6 inches wide by 19 feet deep) in the neighborhood which were developed prior to the Zoning Code update in 2010. 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. At the time of original construction and until the Zoning Code change in 2010, the parking provided (two-car garage with interior width of 19 feet and depth of 21 feet 9- 1/2 inches) was in compliance with off-street parking standards which required a minimum of two spaces (at least one covered) measuring 17 feet 6 inches wide and 19 feet deep for each single-unit dwelling. However, as a result of amendments to the Zoning Code, three spaces in a garage, each measuring 10 feet wide by 20 feet deep 07-22-2014 Zoning Administrator Resolution No. ZA2015-001 Page 3 of 7 are currently required for single-unit dwellings in excess of 4,000 square feet and located on lots wider than 40 feet. The existing two-car garage and unenclosed driveway space are substandard due to type (third space not in a garage) and size provided (interior dimensions), and are therefore legal nonconforming. 2. The granting of the Modification Permit is necessary to allow a reasonable addition to an existing dwelling that was constructed in compliance with off-street parking standards in effect at the time of original construction and up to the Zoning Code change in 2010, and that are adequate to accommodate the parking of three vehicles. 3. The proposed addition is primarily confined to the second floor, with the existing floor plan adjacent to the garage remaining in its current configuration. 4. Widening the interior width of the garage to accommodate three spaces, as required by the current Zoning Code, would significantly impact the existing floor plan. 5. The proposed 10-foot wide by 19-foot-6-inch driveway space maintains an average depth of 21 feet 11 inches which will ensure that a vehicle does not extend into the public right-of-way. The size of the space proposed is the maximum extent feasible given the irregular shape of the lot. 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. Given the scope of work, increasing the width of the garage to accommodate a third space results in a practical difficulty by requiring significant structural alterations to existing living area abutting the garage. Expanding the garage to the north would require reconstruction of an existing bathroom and laundry room, and would impact the location of the gas meter. Expanding the garage to south would require alterations to the existing study and a relocation of the dwelling's mechanical, HVAC, and water heating systems. Expanding the garage to the west would require alterations to the existing library and any expansion to the east is limited by the irregular shape of the lot. 2. The proposed modifications will maintain two useable garage spaces, and result in an expanded driveway space which will limit any obstructions into the right-of-way. The spaces provided will be adequate in size for the parking of vehicles, fulfilling the intent of the Zoning Code by providing three adequate spaces on site. Approval of the Modification Permit allows the applicant to continue the use of the three existing spaces on-site, which to date, have not proven detrimental to the occupants or neighbors of the dwelling. 07-22-2014 Zoning Administrator Resolution No. ZA2015-001 Page 4 of 7 3. The project is conditioned requiring the applicant to remove the storage cabinets that line the southerly side of the garage for the purpose of maintaining clear unobstructed access to the driver side of a vehicle in the garage. The clearance provided will provide accessible off-street parking to the greatest extent feasible, fulfilling the intent of the Zoning Code. The applicant is permitted to provide overhead storage at the front of the garage in compliance with the Zoning Code. 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. Reducing the size of the addition to not more than 10 percent of the existing floor area of the structure will significantly impact the intent of the project and not meet the objectives of the applicant. 2. Other alternatives would require that the applicant expand the existing two-car garage to accommodate a third enclosed space or provide a tandem configuration. Expanding the width of the garage north or south would require significant alterations to the interior living area as well as mechanical systems necessary for the dwelling. Expanding the depth of the garage to provide an enclosed tandem configuration would significantly reduce the area of the library located adjacent to the garage as any expansion towards the front setback line is limited by the irregular shape of the lot. 3. The proposed two-car garage and expanded driveway space provide three usable spaces which exceed the number and size of spaces required of dwellings (two spaces measuring 17 feet 6 inches wide by 19 feet deep) in the neighborhood which were developed prior to the Zoning Code update in 2010. 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 addition will occur on the first and second floor, will maintain a minimum distance of four feet from the nearest neighbor, 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. 07-22-2014 Zoning Administrator Resolution No. ZA2015-001 Page 5 of 7 2. The existing nonconforming two-car garage and space in front have not proven to be detrimental to the occupants of the property, nearby properties, neighborhood, or City and are adequate in width and depth to park three vehicles. 3. The proposed addition will result in a floor area that is less than the maximum allowed by the 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. 5. As conditioned, the applicant shall remove the storage cabinets that line the southerly side of the garage so as to maintain clear unobstructed access to the driver side of vehicle in the garage. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2014-009, 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 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. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF JANUARY, 2015. By: re d Wisneski, Al P, Zoning Administrator 07-22-2014 Zoning Administrator Resolution No. ZA2015-001 Page 6 of 7 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. Each parking space within the garage shall be permanently available and maintained for parking purposes and the interior shall maintain an unobstructed width of 19 feet and depth of 20 feet. 4. The unenclosed driveway space shall maintain a minimum width of 10 feet and depth of 19 feet 6 inches. 5. Vehicles parked in front of the garage shall not project into the public-right-of-way. 6. No improvements shall be permitted within the 5-foot wide storm drain easement along the southerly property line. 7. This Modification Permit 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. 8. 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. 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. 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. 11. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities 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. 07-22-2014 Zoning Administrator Resolution No. ZA2015-001 Page 7 of 7 12. 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. 13. 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 Janes Residence Modification including, but not limited to, the MD2014-009 (PA2014-139). 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. 07-22-2014