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