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Home My WebLink AboutYokoyama Residence (PA2002-173)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 November 7, 2002 TO: PLANNING COMMISSION FROM: James Campbell, Senior Planner (949) 644 -3210 — Jampbell ancity.newport- beach.ca.us SUBJECT: Call for review of the approval of Modification Permit No. 2002 -088 (PA 2002 -173) APPLICANT NAME: Nathan Lentz for the property owner Jeff Yokoyama ISSUE: On October 9, 2002, the Modifications Committee voted 2 -1 to approve the referenced Modification Permit. The Public Works representative voted against. The application requests a 2nd floor addition and alteration of an existing single - family dwelling, portions of which will encroach 1 to 3 feet into the 4 -foot side yard setback and 3 -feet 6- inches into the 5 -foot alley setback. The property is located at 6705 Seashore Drive and is zoned R -2. The Modifications Committee modified the request in that all alterations and the addition may only encroach 1 foot into the required 4 -foot side yard. Additionally, the Committee decreased the alley encroachment from 3.5 to 2.5 feet. Commissioner Selich called this item for review at the request of the Public Works Director. RECOMMENDATION: Hold a public hearing and uphold, modify or reverse the decision of the Modifications Committee. DISCUSSION: The subject property was developed in the 1920's and is nonconforming with respect to side and rear yard setbacks and required parking. Provided Required Front 0 - 9 feet 0 feet W Side 4.1 - 6.3 feet 4 feet E Side 1.72 - 0.35 feet 4 feet Rear 4.5 - 6.4 feet 5 feet Parkin 1 2 Yokoyama Residence (PA2002 -173) November 7, 2002 Page 2 The applicant is seeking to expand the residence by approximately 600 sq. ft. by adding a partial second level. As a nonconforming structure with nonconforming parking, no additional habitable rooms can be added without providing 2 parking spaces. Since the project proposes additional bedrooms and a second enclosed parking space, the application could proceed. Additionally, structural alterations to a nonconforming structure are limited to 25% by right, 50% by Modification Permit and 75% by Use Permit during any one calendar year. Based upon available information, staff determined that more than 25% and less than 50% of the perimeter walls would be altered, and therefore a Modification Permit was applicable for the scope of the project. The proposed project complies with floor area limit standards. The concern expressed by the Public Works Department that caused the item to be called for review is the parking arrangement. The residence presently has one parking space with access off Seashore Drive, which is considered nonconforming by the Public Works Department. The access is not considered nonconforming from a zoning perspective. The second space is planned off the alley to the rear and was approved to encroach 2.5 feet within the 5 -foot alley setback. The Public Works Department desires the elimination of the nonconforming garage access from Seashore Drive, as it is inconsistent with the policy to limit vehicular access to the property from the alley when a property has alley access. Additionally, access to the Seashore garage crosses a bike path and eliminating the garage will improve safety. Given the level of investment in the property and its proposed design, the project as approved by the Modifications Committee will effectively preserve the access nonconformity well into the future. Additionally, the Public Works Department is concerned with the encroachment of the proposed garage within the 5 -foot alley setback, given the 14 -foot alley width. The 5 -foot alley setback is important to vehicular circulation within the alley. The encroachment of 2.5 feet is necessary to provide a full 18 feet in depth for the parking space while avoiding relocation of the interior wall separating the new garage from the old. A tandem garage was considered due to the location of the two spaces being end to end, but it was rejected as there will be a grade differential of approximately 1.5 feet between the two spaces due to the grade differential between the alley and Seashore Drive. Should the Commission agree with the Public Works Department and eliminate the garage access from Seashore Drive, the applicant would need to redesign the addition to create a 2 -car parking off the alley. This change will necessitate a more dramatic change to the interior of the residence that the applicant had not planned nor desired. The kitchen will need relocation and the common living area will be reduced and or reconfigured. P] Yokoyama Residence (PA2002 -173) November 7, 2002 Page 3 Environmental Review: The project qualifies for a Class 1 (Existing Facilities) exemption from the California Environmental Quality Act as it is a minor addition to an existing structure where no significant environmental resources present that would potentially be impacted. Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 100 feet of the property and posted at the site a minimum of 10 days in advance of this hearing. Alternatives: 1. The Planning Commission has the option to uphold the decision of the Modifications Committee to approve the modified project as described above. 2. The Commission can approve the applicant's original request; however, staff does not support continuation of the nonconforming sideyard setbacks to the east. 3. The Commission can modify the project to conform to the recommendation of the Public Works Department. Staff recommends a continuance of sufficient time to facilitate project redesign. Should the applicant be unwilling to redesign, staff recommends alternative #4. 4. The Commission has the option to deny the project based upon the preservation of the nonconforming garage and vehicular access to Seashore Drive that is inconsistent with city policy to limit vehicular access to the property from the alley when the property has alley access. Prepared by: Jdmes W. Campbell, Senior Planner Attachments: Submitted by: 21ti(�4JIJ Patricia L. Temple, Planning Director A. Approval letter for MD2002 -088 B. Original Plans C. Revised Site & Floor Plans as approved by the Modifications Committee J October 9, 2002 CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3229 Nathan Lentz 1475 Silver Lake Blvd. Los Angeles, CA 90026 Application No: Applicant: Address of Property Involved: Legal Description: MODIFICATION PERMIT NO. MD2002 -088 (PA2002 -173) Staff Person: Javier S. Garcia, 644 -3206 Appeal Period: 14 days after approval date Modification Permit No. MD2002 -088 (PA2002 -173) Nathan Lentz 6705 Seashore Drive Portion of Lot 8, Block G, Seashore Colony Tract Request as Modified and Approved: Request to permit addition and alteration to an existing single - family dwelling portions of which will encroach 1 foot to 3 feet into the 4 -foot easterly side yard setback, 6 inches into the westerly 4- foot side setback and 2-feet 6- inches �- 3 feet i-h3 into the 5 -foot alley setback only at the single - car garage. Ali new construction at the alley side of the property is required to maintain the minimum 5 -foot alley setback. That portion of the existing structure that was shown to remain within the alley setback maintains a setback of 4 -feet 6- inches from the alley side property line. A detailed demolition plan is required to be submitted and reviewed prior to issuance of building permits. Substantial demolition of the existing structure beyond that presented to the Modification Committee will render this approval null and void. The property is located in the R -2 District. Original Request: Request to permit addition and alteration to an existing single-family dwelling portions of which will encroach 1 to 3 feet into the 4-foot side yard setback and 3 feet 6- inches into the 5-foot alley setback. The property is located in the R -2 District. The Modifications Committee, on October 9 2002, voted 2 ayes and 1 no to approve the application request as modified based on the following findings and subject to the following conditions. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: FINDINGS: The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for "Two- Family" residential use. The existing single- family residential structure is consistent with this designation. ATTACHMENT A �j October 9, 2002 Page - 2 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. The modification to the Zoning Code as proposed would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and is a logical use of the property that would be precluded by strict application of the zoning requirements for this District for the following reasons: The proposed remodel and addition into the easterly side of the lot will result in a 3 -foot setback that is consistent with the Uniform Building Code requirements for life - safety issues. The proposed 6 -inch stair encroachment into the westerly side setback is for access to the second floor and is minor in nature. The proposed 2 -foot 6 -inch encroachment into the 5 -foot required setback will allow the construction of a second required parking space on site. 4. The modification to the Zoning Code as proposed will not be detrimental to persons, property or improvements in the neighborhood or increase any detrimental effect of the existing use for the following reasons: • The proposed 3 -foot setback on the easterly side is similar to that maintained by other buildings in the area. + The proposed 2 -foot 6 -inch encroachment into the rear setback is only 10 feet 6 inches in Nidth. S. The proposed addition will not affect the flow of air or light to adjoining residential properties because: The first floor now encroaches up to 3 feet into the minimum required 4 -foot easterly side setback. When completed, the proposed structure will maintain minimum 3 -foot side setbacks on both sides of the property. The proposed side yard setbacks of 3 feet will provide adequate distance to prevent any adverse affect on the flow of light and air on the subject and neighboring properties. 6. The proposed addition will not obstruct views from adjoining residential properties because there is no view from this location that is adversely affected. The encroachment into the required 5 -foot rear yard alley setback will not conflict with access to a garage on the opposite side of the alley and will not restrict vehicular maneuverability within the alley since the alley is 15 feet wide and the other properties on the opposite side of the alley maintain the minimum of 5 -foot alley setback. The dimensions of the parking spaces are adequate to accommodate vehicles. CONDITIONS. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted in the following conditions. I October 9, 2002 Page - 3 2. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 3. Any construction not specifically approved by this Modification Permit is not permitted and must be addressed in a separate and subsequent Modification Permit review. 4. Prior to issuance of building permits, a demolition plan shall be submitted for review by the Building Department and the Planning Department. The demolition plan shall show that no more than 50% of the existing exterior structural members shall be removed or demolished. That portion of the building to remain intact shall be specifically identified as protected in place. If demolition inconsistent with that plan occurs, this approval shall be rendered null and void, unless otherwise determined by the Planning Director. Based on that review, the Planning Director shall determine whether or not a new modification permit application is required for the extensive demolition. 5. The structural elements of the proposed encroachment shall not be altered or removed without prior approval by the Planning Director. Replacement of the existing structural members of the existing encroachment shall render this modification permit approval null and void. 6. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, additional street trees shall be provided and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department through an encroachment permit or agreement if required. 7. The remodeled and new portions of the structure shall maintain a minimum 3 -foot side yard setback from the easterly property line. 8. The proposed stair structure on the westerly side shall maintain a minimum side yard setback of 3 feet 6 inches. 9. The proposed new garage shall maintain a minimum rear setback of 2 feet 6 inches from the alley property line. 10. The interior wall separating the existing garage and the new garage shall be removed creating a tandem parking arrangement for two cars. 11. Other than the garage, any new structure on the ground floor shall maintain a 5 -foot rear setback. 12. The existing bathroom structure on the first floor shall be protected in place and shall maintain the existing rear setback of 4 feet 6 inches. If that portion of the building is demolished it shall be reconstructed to maintain the minimum 5 -foot alley setback 13. Prior to issuance of building permits, the applicant shall submit a copy of the approved detailed demolition plan and revised set of project plans to the Planning Department for inclusion in the Modification Permit file. 14. A building permit shall be obtained prior to commencement of the construction. n October 9, 2002 Page - 4 15. All work performed within the public right of way shall be reviewed and approved by the Public Works Department under an encroachment permit/agreement if required. 16. A total of two parking spaces shall be maintained free and clear for the parking of vehicles at all times. 17. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code, unless an extension is approved prior to the expiration date of this approval, in accordance with Section 20.93.055 (B) of the Newport Beach Municipal Code. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. A filing fee of $776.00 shall accompany any appeal filed. No building permits may be issued until the appeal period has expired. A copy of the approval letter shall be incorporated into the Building Department set of plans prior to issuance of the building permits or issuance of revised plans. MODIFICAATIONS COMMITTEE } Javme S. Garcia, )UCP, Senior Planner Chairperson JSG:mem FAUSERS \PLN\Shared\PA's\PAs - 2002\PA2002- 173 \MD2002- 088appr.doc Attachments: Vicinity Map Appeared in Opposition: None Appeared in Support: None Letter in Opposition: John Alderson, neighbor cc: property owner Jeff Yokoyama 6705 Seashore Drive Newport Beach, CA 92663 I 2a6 u v V�v2r8 2rr 2rQ 210 as ; ry Subject Property ?? CIA 0C311 R z 0 2010 400 Feet VICINITY MAPS s Modification Permit No. MD2002 -088 PA2002 -173 6705 Seashore Drive V � J w N 1> F V F('�'T 1 1 A 1 I � ATTACHMENT B S34- 25'00'W 40.99' VUSTM6 SITE PLAN 26 AUG 02 V6'•f-0' NCL 40.91 NATHAN LENTZ 1476 ShW Lake Blvd Los Angeles, CA 9=6 323.664A301 TEL 323AOSAOIS FAX aFAW �Ni9 ME M PNf/9i�Y OF a,•TIN1181TLNp WY NOTBE PFPPaDUCm Y1111bIR e'PoYIBI Pf1N8810N N 0 m D^ v J �T /m1�V I 1 i � 1 PROJECT, YOKOYAMA RESIDENCE 6706 SEASHORE NEWPORT BEACH. CA ,\ y m ti O NO NO Sj a DRAW DATE n " G DRAW oRAW 3 REV. ATTACHMENT B S34- 25'00'W 40.99' VUSTM6 SITE PLAN 26 AUG 02 V6'•f-0' NCL 40.91 NATHAN LENTZ 1476 ShW Lake Blvd Los Angeles, CA 9=6 323.664A301 TEL 323AOSAOIS FAX aFAW �Ni9 ME M PNf/9i�Y OF a,•TIN1181TLNp WY NOTBE PFPPaDUCm Y1111bIR e'PoYIBI Pf1N8810N N 0 m D^ v J �T /m1�V I 1 i � 1 PROJECT, YOKOYAMA RESIDENCE 6706 SEASHORE NEWPORT BEACH. CA ,\ Il�i'�il!��i'�'I�I 0 NO SCALE. oaAwk W REV: NORTH ELEVA71ON 28 AUG 02 1/4' = T-0' NATHAN LENTZ 1478 Sbw lake Blvd Loa Argatm CA 80028 82&8844801TEL 828.80MOM FAX duv�mart>�morearor IHTI W I LFML MD IMY NO! BE Nom' 1N11101RWPITIEN PFNJ991fN YOKOYAMA RESIDENCE 8708 SEASHORE NEWPORT BEACH CA DRAWING NO. DRAWING TITLE: SOUTH ELEVATION ARCHITECT. A DATE 23 AUG 02 NATHAN LENTZ 1473 SWw Lake Sbd Lae Anee[M CA 80028 323A84A301 TEL 323.80&.4016 FAX wawxoau�mvaroe�tt or wlww�srtzxnwvames YOKOYAMA RESIDENCE 6706 SEASHORE NEWPORT BEACH. CA 1 SCALE V4' = T-0' DRAWN BY: NCL REV' R DRAWING NO: DRAWING TITLE WEST ELEVATION ARCHITECT. PROJECT: DATE 28 AUG 02 NATHAN LENTZ 1475 Silver Lake Blvd Lea AapaIM CA 50026 3238 6 44 3 01 TEL 323.908,4016 FAX � � ov �envNOTwne� rc�u�eaiea YOKOYANIA RESIDENCE 8705 SEASHORE NEWPORT BEACH, CA SCALE V4' = TA' DRAWN Sr. NCL REV DRAWING NO: DRAWING TITLE EAST ELEVATION ARCHITECT. PR0.1E{ . D DATE 28 AUG 02 NATHAN LEN Z 7475 Silver Lake Blvd Lou Angelo% CA 80028 323.884A801 TEL FAX lRN`.f164 NR TE rwrfntt m rawswox YOKOYAMA RESIDENCE 5708 SEASHORE NEWPORT BEACH, CA 1 SCALE V4' m T -Or DRAWN BY. NCL REV. __. ........... To: A CaapbelI @ 949 -644 -3229 From: Nathan Lentz ATTACHMENT C Y7 dCS o2 2I4' + z• Via MaxEmaiI P9 3/ 3 10 -31-02 06:51 PM CS ax" a 17AM PUP ureaovsn *bests x of 1 �xfr x of x SEASHORE AVE. 7/OKOYAWk R.WDBMGE s AVE NEWPORT BOWt CA 1m To: Jim Campbell @ 999 -699 -3229 From: Nathan Lentz Via Nat(Eiail P9 2/ 3 18 -31 -82 06:58 PN CS i9D �'AOOmI. i478aw6ah6 d.. .tmytso 17 ACS am yowyo a 4atNipll �r -CK 4f a I AiQ6 MAW i8u..lQ44m0i Itca%at i /6" 140 ,tlMmcc 3:011 1. t&%?M SEPAK CA raeesm;�e�s �yt >tcz mrmtft is os >,