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HomeMy WebLinkAbout20200611_Resolution_ZA2020-050Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL June 11, 2020 Mr. and Mrs. English 1731 Centella Place Newport Beach, CA 92660 Jeffery.p.english@gmail.com Subject: Modification Permit No. MD2020-002 (PA2020-015) 1731 Centella Place English Residence Addition Dear Mr. English, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on June 11, 2020 and effective on June 25, 2020. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. For additional information on filing an appeal or should you have any questions, please contact our office at 949-644-3200 or you may contact me directly at jperez@newportbeachca.gov or 949-644-3312. Sincerely, BMZ/jp RESOLUTION NO. ZA2020-050 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MODIFICATION PERMIT NO. MD2020-002 FOR AN ADDITION GREATER THAN 10 PERCENT TO A SINGLE-FAMILY DWELLING WITH A LEGAL NONCONFORMING GARAGE LOCATED AT 1731 CENTELLA PLACE (PA2020-015) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jeff and Haley English (“Applicants”), with respect to property located at 1731 Centella Place, and legally described as Lot 5 of Tract No. 3176 requesting approval of a modification permit. 2. The Applicants propose the remodel of an existing single-family residence with a garage that is considered legal nonconforming due to its interior dimensions and the construction of a 690-square-foot addition. The existing garage provides the minimum required depth of 20 feet; however, the existing width is substandard at 17 feet, whereas the requirement is 20 feet. The Modification Permit is necessary because the Applicants propose to add more than 10 percent of the existing square footage without altering the garage for compliance. The proposed addition is 690 square feet and results in a total of 2,699 square feet for the residence (including the garage). 3. The subject property is designated RS-D (Single Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1-10000 (Single-Unit Residential) Zoning District. 4. The subject property is not located within the coastal zone; therefore, a coastal development permit is not required. 5. A public hearing was held on June 11, 2020, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2020-050 Page 2 of 7 01-25-19 2. This exemption includes additions to existing structures up to 50 percent of the floor area of the structure before the addition, or 2,500 square feet, whichever is less. The proposed project is a 690 square foot addition to an existing single-family residence within 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 – Required Findings) of the NBMC, 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 existing development is a 2,009 square-foot, single-family residence with attached garage. The residence is located on a cul-de-sac and is abutted primarily by single family residences. 2. The addition would provide more living area for the family by increasing the size of the dwelling unit by 690 square feet. The addition is single story and is consistent with the design and height of other properties in the neighborhood. 3. There is no change to the density or the use 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. The existing structure was built in the late 1950s and complied with the standards at the time of construction. Subsequent amendments to the standards have rendered the interior clear dimensions of the existing two (2)-car garage to be substandard in size. 2. NBMC Subsection 20.38.030(C) defines a “legal nonconforming structure” as any structure that was lawfully erected but does not conform with the current development standards for the zoning district in which it is located by reason of adoption or amendment of the Zoning Code. 3. The garage is covered by a gabled roof that extends from the main ridge beam of the house. Modifying the garage walls, which are not within the area of the proposed Zoning Administrator Resolution No. ZA2020-050 Page 3 of 7 01-25-19 construction, would require reframing the entire garage. Reframing the garage would significantly increase the scope of the project and the cost. 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 exterior wall of the garage is located within the required side setback area and the current development standards do not allow for the exterior wall to be relocated there in order to provide the Code-required width. 2. Relocating the interior garage wall 3 feet south into the dwelling space, to achieve the 20-foot clear dimension for width, would result in reduction of living space which is contrary to the purpose of the proposed addition. Finding: D. There are no alternatives to the modification permit that could provide similar benefits to the applicants with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Facts in Support of Finding: 1. Bringing the garage into compliance with current Zoning Code requirements would provide a negligible benefit but it would unreasonably require significant alterations to the structure well beyond the scope of the planned addition. 2. The intent of the project is to provide a new laundry room, additional bathroom, and larger kitchen space. A redesign to reduce the size of the addition to 200 square feet will significantly impact the objectives of the project and would not provide similar benefits to the Applicants. 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. Zoning Administrator Resolution No. ZA2020-050 Page 4 of 7 01-25-19 Facts in Support of Finding: 1. The proposed construction conforms to all applicable development standards, including floor area limit, setbacks, height, 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 proposed addition will increase the total square footage of the residence (including garage) to 2,699 square feet. While the R-1-10000 zoning designation does not identify a limitation on square footage, it does limit development with a maximum lot area coverage of 60 percent. The project will increase the total lot coverage from 21.5 percent to 32.9 percent. 3. The proposed project maintains more than the minimum 3-foot side yard for fire access in accordance with Zoning Code Section 20.30.110 (Setbacks Regulations and Exceptions), Subsection A(1)(c). 4. The approval of this Modification Permit is conditioned such that the Applicants are required to obtain all necessary permits in accordance with the Building Code and other applicable Codes. The Building Division has reviewed the proposed project and added conditions of approval for demonstration of project compliance with Building Codes. 5. In addition to the 2-car garage, the property includes a driveway adequate in size to accommodate parking for two additional vehicles on-site, minimizing demand for on- street parking. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2020-002, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. 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 NBMC. PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF JUNE, 2020. Zoning Administrator Resolution No. ZA2020-050 Page 5 of 7 01-25-19 Zoning Administrator Resolution No. ZA2020-050 Page 6 of 7 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 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. The Applicants 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 Permit. 4. 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. 5. Any change to the approved plans, shall require review by the Planning Division. An amendment to or the processing of a new modification permit may be required. 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. Each parking space within the garage shall be permanently available and maintained for parking purposes. The interior clear dimensions (17 feet wide by minimum 20 feet deep) shall be kept clear of obstructions including cabinets, shelving, or similar that may impact the ability to adequately park two vehicles. 8. Prior to the issuance of a building permit, the Applicants 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. 9. Prior to the issuance of a building permit, the Applicants shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. Zoning Administrator Resolution No. ZA2020-050 Page 7 of 7 01-25-19 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 NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 12. 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 NBMC. 13. To the fullest extent permitted by law, Applicants 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 English Residence Addition including, but not limited to Modification Permit No. MD2020-002 (PA2020-015). 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 Applicants, City, and/or the parties initiating or bringing such proceeding. The Applicants 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 Applicants shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division 14. The Applicants are 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. 15. Fire sprinklers will be required when the cost of the proposed addition/alteration/reconstruction exceeds 50% of the replacement value of the existing building. Public Works Department 16. No improvements shall be installed within the limits of the 6-foot-wide utility easement in the rear of the property.