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HomeMy WebLinkAbout02 - Mod Permit MD2012-013 -4 �wro,� COMMUNITY DEVELOPMENT DEPARTMENT o �„ PLANNING DIVISION . " t %. $ 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644 -3200 Fax: (949) 644-3229 cd <'ro� ""p www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT August 15, 2012 Agenda Item 2 SUBJECT: { (PA2012 -083) Modification Permit No. MD2012 -013 APPLICANT: PLANNER: Kay Sims, Assistant Planner (949) 644 -3237 or Ksims @newportbeachca.gov ZONING DISTRICT /GENERAL PLAN • Zone: R -1 -6000 (Single -Unit Residential) • General Plan: RS -D (Single -Unit Residential Detached) PROJECT SUMMARY A Modification Permit to allow a 34 percent addition (1,170 square feet) to an existing 3,461- square -foot, nonconforming single -unit residence. The Zoning Code limits additions to 10 percent of the existing floor area of the structure because the interior dimensions of the existing two -car garage (19 feet 3 1/2 inches deep by 19 feet 5 inches wide) are less than the minimum required by Code (20 feet by 20 feet). The proposed addition complies with all other development standards. The proposed addition complies with all other development standards. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. ZA2012- approving Modification Permit No. MD2012 -013 (Attachment No. ZA 1). DISCUSSION • The property is currently developed with an existing 3,461- square -foot, single - unit residence that was built in 1957. At that time, the minimum clear interior dimensions of the two -car garage (19 feet 3 1/2 inches deep by 19 feet 5 inches wide) and the setbacks were compliant with the requirements of the Zoning Code. • The current Zoning Code, effective in November of 2010, requires the minimum clear interior dimensions for a two - garage on lots wider than 40 feet to be 20 feet wide by 20 feet deep. • Due to the change in the development standards related to minimum size of garage parking spaces required for lots 40 feet wide or more, the existing two -car garage is legal nonconforming. Additions to the existing residence are limited to 10 percent of the existing structure (Section 20.38.060.2.a and b: Nonconforming Parking — Dimensions or Type of Parking Spaces). A larger addition can be permitted with approval of a Modification Permit (Section 20.52.050). • The design of the existing two -car garage is not square. One of the parking spaces (10 feet wide by 20 feet 3 1/2 inches) complies with the minimum clear interior dimensions required by the Zoning Code; the second space is substandard (9 feet 5 inches wide by 19 feet 3 1/2 inches deep). The clear interior space provided is adequate to park two vehicles and will not be decreased as a result of the design of the proposed additions. • Since the existing residence encroaches into the front and side setbacks, additions are limited to 50 percent of the existing gross floor area and must comply with all development standards. The proposed addition complies with these requirements. • Pursuant to the Zoning Code (Table 3 -10: Off - Street Parking Requirements), the addition will not result in a single -unit residence over 4,000 square feet of liveable area; therefore, a third parking space is not required. • The proposed addition will result in a residence that is comparable in size and scale to other single -unit residences in the neighborhood. ENVIRONMENTAL REVIEW This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) Guidelines, pursuant to Section 15301 (Class 1 — Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use; and includes additions to existing structures up to 50 percent of the existing floor area or 2,500 square feet, whichever is less. This project involves the Tmp11:01 -05 -12 addition of 1,170 square feet to an existing 3,461- square -foot single -unit residence and, therefore, qualifies for this exemption. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of- way and waterways) including the applicant and posted on the subject property at least 10 days prior to the decision date, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered. For additional information on filing an appeal, contact the Planning Division at 949 644 -3200. Prepared by: Kay ims, Assistant Planner GRR/ks Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Project Description and Justification ZA 4 Project Plans TInP1 01 -05 -12 Attachment No. ZA 1 Draft Resolution TnnpIt:01 -05 -12 RESOLUTION NO. ZA2012- A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2012 -013 TO ALLOW AN ADDITION TO A NONCONFORMING STRUCTURE LOCATED AT PA2012 -083) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT - -BEACH HEREBY FINDS AS FOLLOWS: I- SECTION 1. STATEMENT OF FACTS. 1. An application was filed b with res ect to ro erty located at and legally des'cKb a 2. A Modification Permit to allow a 34 perceht� addition (1,1.70 square feet)o an existing 3,461- square -foot, nonconforming single -unit residence. The Zoning' Code limits additions to 10 percent of tho existing floor area' f4he structure because the interior dimensions of the existing two-bb i garage (19 feet 3' »� %2;,�nches deep by 19 feet 5 inches wide) are less than the minimum required by Code (20 feet by 20 feet). The proposed addition complies with all other development standards The proposed addition complies with all other development standards r �Y 3. The subject prgperty is located within the R_ 6,000 (Single -Unit Residential) Zoning District and tlae 6' al Plan Land r4Use Element category is RS -D (Single -Unit 4. The subject prop_grrty is located- within thpZoastal Zone and has a Coastal Land Use des�gnaGon�of R$D Aa(S,i'ngl0 U - 0- esiclential Detached - 0.0 - 5.9 DU /AC) 5 =A public hearing---was held,on August 15, 2012, in the City Hall Council Chambers, 3300 ! Newport Boulevard, Neftbft Beach, California. A notice of time, place and purpose of the meeting was-,;,given in ,accordance with the Newport Beach Municipal Code. Evidence, both wntten and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2.-. =CALLFORN(A ENVIRONMENTAL QUALITY ACT DETERMINATION. The project -is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the addition of 1,170 square feet to an existing, 3,461 - square -foot single family residence. This exemption includes additions to the existing structure up to 50 percent of the existing floor area or 2,500 square feet, whichever is less. This project therefore qualifies for this exemption. Zoning Administrator Resolution No. ZA2012- Page 2 of 6 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 finding for a Modification Permit are set forth: Finding A. The requested modification will be compatible neighborhood. Facts in Support of Finding 1. The modification permit will allow an unit residential subdivision. 2. The applicant is proposing a 34 percent addit addition will comply with all of th,e,developmer and setbacks, and will not mtenslfyor,alter the to a single -unit 3. The resulting residence will consikof 4 44Q sqt square -foot garage). Pursuant to Table 3 10 Zoning Code, it will not require the addition of structure (not Includirlg,the garage) Is 1E "s than 4 4. The r neigh Finding B The g :. of the 1. The com will be =sirhilar in development in the within a single- sting structu`r`e: The proposed including lot coverage, height, a98 square feet plus a 442 - irking Requirements of the ge parking space since the feet. size to other residences located in the is necessary due to the unique physical characteristic(s) and /or characteristics of the use. in this area were constructed with garages and setbacks that were in the Zoning Code at the time of construction. 2. Given the design of the existing residence and proposed scope of work, bringing the garage into conformance would require a significant expansion in the scope of work. 3. The design of the existing two -car garage is not square. One of the parking spaces (10 feet wide by 20 feet 3 1/2 inches) complies with the minimum clear interior dimensions required by the Zoning Code; the second space is substandard (9 feet 5 inches wide by 19 feet 3 1/2 inches deep). The clear interior space provided is adequate to park Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012- Page 3 of 6 two vehicles and will not be decreased as a result of the design of the proposed additions. 4. Although the existing garage is deficient as to meeting 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. 5. Approval of the Modification Permit to allow the 34 percent addition is reasonable given the use of the structure as a single -unit residencetand the fact that the proposed addition will not result in a residence that exceeds 4,10 square feet (not including the ^.> garage) which would require the addition of a third,p 'WiJ q,space. Finding C. The granting of the modification is nec the property and that the strict app, hardships that are inconsistent with the Facts in Support of Finding 1. The interior clear dimensions of th "e exi the Zoning Code at the time o'f, or amendments to the Zoning Code, th.Yw therefore legal nonconforming.;_,,, 2. Bringing the OO igting W' -,car garage into required by the. curren? Zoning Code wou the project and /or. require approval of a V� side setbacks. "Since the.existina: aaraae due to practical difficulties associated with Tf the Zoning Code 'results, in physical e and intent of the Zoning:',!Q'id . two -car garage,, were in compliance with construction yHowever, as a result of gar gpJs now substandard in size, and is -nance with the clear interior dimensions t in a significant increase in the scope of to encroach into the required front and /or as two useable spaces, the intent of the are no alternatives to;the modification permit that could provide similar benefits to plicant with'less potential detriment to surrounding owners and occupants, the prhood, or toit4e general public. 1. The alternatives would require that the applicant bring the existing two -car garage into conformance by significantly expanding the scope of the project or requesting a Variance for setback encroachments. 2. 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. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012- Page 4 of 6 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. Though the minimum clear interior dimensions will be less than the minimum required by the Zoning Code, it provides sufficient area for use asa tworcar garage. 2. The two existing garage parking spaces have provided adeyate space to park two vehicles and will continue to do so. The size�©f'th:,e spaces hasm t been detrimental to the occupants of the property, nearby properties, neighborhoodf"orGClty 3. The Zoning Code (Section 20.38.040: f�Ronforming Structures) would allow an addition up to 50 percent of the existing resldbgde_ifi'the second garage parking space s . ;A complied with the minimum clear interior dimenslons�currently required. 4. The project will not increase the`lrbh`conforming status oftthe,.existing structure and will comply with all other provisions ofbe R-214&1'00,10 Zoning °District. 5. The addition will result in a residence 1' ir smalleryi.`scale to other residences in the neighborhood a cid willy.�ot require a third.g'arage parkin space. SECTION 4. NOW, TH 1. tThe ZornngHdminlstrator of the Clty'of Newport Beach hereby approves Modification 'Permit No MD2012 013, ;subject to the conditions set forth in Exhibit A, which is attached hereto and inco%ated`kiV'reference. 2. Modification Permit applications do not become effective until 14 days following the date of action. Prior to the effective date, the applicant or any interested party may appeal the de& ion of the Zoning Administrator to the Planning Commission by submitting a written appeal applicatignto the Community Development Director. For additional information on filing an appeal;contact the Planning Division at 949 - 644 -3200. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF AUGUST, 2012. 0 Brenda Wisneski, AICP, Zoning Administrator Tmplt: 03108711 Zoning Administrator Resolution No. ZA2012- Page 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted in the following conditions. 2. If an of the existing g public improvements surrounding thesitel�are damaged by private work, new concrete sidewalk, curb and gutter, street'pavement, and other public improvements will be required by the City at < {he4;time of private construction completion. Said determination and the extent of;, repair work shall be made at the discretion of the Public Works inspector. 3. Prior to issuance of building permits, the 41 an additional copy of the approved arcil4 Permit file. The plans shall be identical to building permit issuance. The approved t and shall be reduced in size<fo. 11 -inche depict the elements approved ' b:: -this approved elements such that they are red plans. 4. A building permit shall be obtained 5. A copy of and fields icant shall submit to�the Planning Division iral plans for inclusiotth� an,:�the,.Modification ose appfroved by all Clty�d&artments for y shall include architect, l sheets only >v 1 7�i'nches. The plans shall accurately iificati,&I Permit and shall highlight the ly discernible;,frgm other elements of the of the construction. of approval 'shall be incorporated into the Building Division r to issuance of, p,h building permits. 6. All non - standard Improvements within the" right-of-way shall comply wlth,Councd,- Policy L 6 AII, non - compliant improvements shall be removed. The applicant shall obtain an encroachment permit and encroachment agreement from the ('Public Works departmentfor all remaining non - standard improvements within the public right -of -way.; 7. Reconstruct the existing bffi en and /or otherwise d amaged concrete curb, gutter and driveway approach along the rontage. 8. All existing dra'na "e facilities in the public right -of -way, including the existing curb drain Mong "the frontage shall be retrofitted to comply with the City's on -sited non -storm runoff retention requirements. 9. A new sewer cleanout needs to be i talled on the e cistin sewer lateral per STD -406- L adjacent to the property line in th ublic right -of -way. 10. All on -site drainage shall comply with the latest City Water Quality requirements. Tmplt: 03108111 Zoning Administrator Resolution No. ZA2012- Page 6 of 6 11. All improvements shall be constructed as required by Ordinance and the Public Works Department. 12. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 13. This approval shall expire unless exercised within 24 months;from the approval date, as specified in Section 20.93.050 (A) of the Newport Beach Nl iriicipaI Code. Prior to the expiration date of this approval, an extension may b`e approved in accordance with Section 20.93.050 (B) of the Newport Beach Municipal Cotle; Requests for an extension must be in writing. , -" 14. To the fullest extent permitted by law, thei&applioant shall indemnify, defend and hold harmless City, its City Council, its boards a"rid commissions, officials, officers, employees, and agents from and against any an2qsalkv0aims, remands, oblig" tii damages, actions, causes of action, suits, losses, judgm`ents fines;, penalties, Ilabilikies, costs and expenses (including without limitation, attorney's fees`; disbursements and court costs) of every kind and nature whatsoever whi .h �ma arise" tom or in any manner relate (directly or indirectly) to City's approvalZ','6Vthe� Addition including, but not limited to, Modification No MD2012 013013 (PA2012- 083083), This indemnification shall include, but not be limited to, damages 1 ayvarded against th�'`City, if any, costs of suit, attorneys' fees, and other expenses incurred4 in connection with such claim, action, causes of action, suit or proceed applicant, City, and /or the parties initiating!, r bringing such proceeding. The applicant shall indemnify the City for alI of City'sdsts atto7eys' 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 amourt}owed to the City.'pursuant to the indemnification requirements prescribed in this condition Tmplt: 03/08/11 Attachment No. ZA 2 Vicinity Map T„pn:oi -os -ia Attachment No. ZA 3 Applicant's Project Description and Justification Tmpltt:01.05 -12 Jeff Anderson Licensed Architect - C -29294 State of California MODIFICATION PERMIT INFORMATION & JUSTIFICATION June 13, 2012 Property Address: The homeowner is requesting approval of a modification permit to allow an addition greater than 10% of the existing home area pursuant to zoning code section 20.38.060.A.2.b., when the home has a legally non- conforming garage size smaller than current requirements due to a zoning code amendment after the original construction of the home. The current zoning code now requires that 2 -car garages be 20'Wx2o'D (10'Wx20'D for each car). The previous zoning code required a 17'- 6 "Wx18' -6 "D 2 -car garage. When originally built, the existing garage exceeded the previous zoning code requirements; however it is slightly smaller than the current requirements. One garage space exceeds the current requirements (it is 10'Wx20' -3 "D) and the other space is slightly too small (9'- 5 "Wx19' -3 "D). It is our belief that a 2 -car garage that was adequately sized and met zoning standards 1 -1/2 years ago should not unfairly limit the size of the residential addition to 10% of the existing home area. The homeowner would like to increase the existing house (including the garage) from 3,461 gsf to 4,440 gsf. The proposed square footage (excluding the garage) is 3,998 gsf which is under the 4,000 gsf limit for a home with a 2 -car garage, per the current zoning code. Pursuant to 20.52.050.E, all of the following findings can be made: 1. The requested modification will be compatible with existing development in the neighborhood: The size and massing of the proposed home is in keeping with the existing neighborhood. The addition completes the second story of the existing home — please refer to sheet A -4 which shows an existing photo and proposed elevations /aerial views. All of the homes surrounding the property have full two story massing on the street side. 2. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and /or structure, and /or charateristics of use: In order to enlarge the garage to 20'x20' it would unfairly require that the entire garage be rebuilt at a considerable expense to the homeowner. Since the north side and southwest corner of the garage are legally non - conforming with regard to setback, they cannot be enlarged without relocating the walls into compliance, thus shifting the entire garage and rendering the existing slab outline useless. The shared wall between the garage and kitchen has a structural footing that separates the slab -on -grade garage with the framed- floor -over- crawlspace of the kitchen. The garage cannot be made deeper without affecting this whole footing system, again at considerable expense. It is the homeowner's intent to keep as much of the existing home as possible to limit the scope and cost of the construction. 3 Elderglen, Irvine, California 92604 • ph: 949 - 872 -3532 • e -mail: andersonarchitect @att.net 3. 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: By requiring that the garage be enlarged less than a foot in both directions puts an unfair hardship that is inconsistent with the purpose and intent of the zoning code, especially given that the garage size was compliant 1 -1/2 years ago. A slightly undersized 2 -car garage has no impact on the useability of the garage and shouldn't unneccesarily limit the size of the addition to only 10% of the existing. 4. 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: First, the requested modification permit will not provide any detriment to the surrounding neighborhood; and there are no reasonable alternatives. 5. 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: Allowing the homeowner to add more than 10% to the existing home will have no negative impacts to the public or neighborhood, as the proposed addition is in keeping with the scale and density of the neighborhood. The size of the proposed home will be compatible with the existing neighborhood, as it is primarily completing the second floor of the existing home. Additional pertinent existing information: The existing home as legally non - conforming side setbacks — the side setbacks used to be 5' -0" and now they are required to be 6' -0 ". The existing non - conforming walls are existing to remain. Two small corners of the front of the existing home also have non - conforming setbacks. As mentioned above, these are all existing to remain. All new construction will comply with current setbacks and height limits. We appreciate your assistance in reviewing this application. Please feel free to contact me if you have any questions or comments. Best Regards, Jeff Anderson Architect 3 Elderglen, Irvine, California 92604 • ph: 949 - 872 -3532 • e -mail: andersonarchitect @att.net Attachment No. ZA 4 Project Plans TmpII:01 -05 -12 NOIlOON16NOO tlOA ION ! q 1 AUVNIW113bd N011lddtl 13WW3 L03NxO9V NOBH3aHV dl3P 9 Qe pp p Y� ys 2 a e qp g§ fG $:§g�EBe u> e 9 A ill p 5 ya= P 6�z ea gg a 6 pis - 5 ----------- - - - - -- -erg -------------------------------------- - - - - -- 3 :3 mt' I, I 5sgsis '3-it I I j �I a _p r - -- -- -- -- -- ---- LL a% �� ra �O O NouonBEeNOO Boa ion AtldNIOO Btl @p §i k4 ki NOIlIOOtl n00W3 xosssoxr OHM � e \ Mss a y ¢ a ffl En , fl 6 f LL ii rrj _ RERE $$7a i;1 ii i 1 �i� I q, gCy4 Y 9p[ �Pr6Y p5gp���fl i§�tl y5 .8 €$a aq�ama� LPgq§ 8�a'e�a$�g� � p� pfiji-A, @ y p 83$ '€P �tl patl ktl Ekw k-°. [EM 2`��i k3S tl 2@ii � p t °kS �9paYa33 �� 43 `ey65CHighg. R. 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