HomeMy WebLinkAbout02 - 423 Belvue Lane Modification - PA2015-117 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT
y PLANNING DIVISION
u $ 100 Civic Center Drive, P.O.Box 1768,Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
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CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 13, 2015
Agenda Item No. 2
SUBJECT: 423 Belvue Lane Modification - (PA2015-117)
423 Belvue Lane
• Modification Permit No. MD2015-007
APPLICANT: John Morgan Architect
OWNER: Adam and Shira Boehler
PLANNER: Melinda Whelan, Assistant Planner
(949) 644-3221, mwhelan@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: R-1 (Single-Unit)
• General Plan: RS-D (Single-Unit Residential Detached)
PROJECT SUMMARY
A modification permit to allow an approximately 24-percent addition to an existing non-
conforming single-family residence where the Zoning Code limits additions to 10
percent of the existing gross floor area when the required parking dimensions are not
provided. The non-conforming garage currently provides 20 feet wide by 18-feet 10-
inches in depth, where a minimum 20-foot by 20-foot dimension is required. The garage
dimensions were in compliance with the Zoning Code when it was originally constructed
in 1998.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit
No. MD2015-007 (Attachment No. ZA 1).
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423 Belvue Lane
Zoning Administrator, August 13, 2015
Page 2
DISCUSSION
• The property is located at the end of the Balboa Peninsula in the Peninsula Point
neighborhood and measures approximately 4,000 square feet in area and has a
lot width of approximately 40 feet. The neighborhood is developed with single-
unit dwellings.
• A 2,934-square-foot single-unit dwelling with an attached 526-square-foot garage
is currently developed on the property, which was originally constructed in 1998.
• The applicant is proposing a small addition to the kitchen on the first floor, two (2)
new bedrooms with bathrooms on the second floor, and a bedroom with a
bathroom on the third floor. The total addition proposed is approximately 838
square feet and equates to an increase of approximately 24 percent of the
existing structure.
• The existing interior garage dimensions of 20 feet wide by 18 feet 10 inches deep
were compliant with the Zoning Code at the time of construction (the approved
plans showed 19 feet deep). A minimum 20-foot by 20-foot interior dimension is
now required on lots wider than 40 feet.
• One of the ridges of the existing dwelling extends above the height limit by
approximately a '/2 inch due to changes in how grade is established to measure
height per the current Zoning Code as compared to the previous Zoning Code.
This non-conforming condition limits the project to a 50 percent addition.
Therefore, a 24 percent addition complies with the Zoning Code limitations.
• Due to the change in 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).
• Given the scope of work, increasing the depth of the garage to 20 feet would
result in a practical difficulty by requiring significant structural alterations to the
garage and entrance to the dwelling. This additional work would include
removing and replacing an existing retaining wall that was required due to a
difference in floor elevation between the garage and the first floor of the dwelling.
• The existing garage provides two (2) useable garage spaces therefore fulfilling
the intent of the Zoning Code by providing adequate parking on site. Approval of
the Modification Permit allows the applicant to continue the use of the existing
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423 Belvue Lane
Zoning Administrator, August 13, 2015
Page 3
two-car garage, which has not proven detrimental to the occupants or neighbors
of the dwelling.
The proposed addition would extend the existing kitchen by approximately 27
square feet, extend the second floor over the garage area to accommodate two
new bedrooms with bathrooms, and a 181-square-foot third floor area. The
addition would comply with all of the required setback areas, height limits, open
volume requirement (more than minimum required, 408-square-feet provided)
and the maximum floor area limit for the site which is 5,440 square feet. The
addition would result in a dwelling that is consistent in scale with other dwellings
in the neighborhood.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). This exemption
includes additions up to 10,000 square feet where public services and utilities are
available and the area is not considered environmentally sensitive. The proposed
project is an 838-square-foot addition to an existing single-family residence in a
developed neighborhood and is not within an environmentally sensitive area.
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 before the scheduled hearing, 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 within 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared/by:
Melinda Whelan
Assistant Planner
GBR/msw
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423 Belvue Lane
Zoning Administrator, August 13, 2015
Page 4
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2015-0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2015-007 FOR A 24-PERCENT ADDITION TO
AN EXISTING NONCONFORMING SINGLE-UNIT RESIDENCE
LOCATED AT 423 BELVUE LANE (PA2015-117)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John Morgan, with respect to property located at 423 Belvue
Lane, and legally described as Lot 4, Tract 1090 requesting approval of a Modification
Permit.
2. The applicant proposes a modification permit to allow an approximately 24-percent
addition to an existing non-conforming single-family residence where the Zoning Code
limits additions to 10 percent of the existing gross floor area when the required parking
dimensions are not provided. The non-conforming garage currently provides 20 feet in
width by 18 feet 10 inches in depth, where a minimum 20-foot by 20-foot dimension is
required. The garage dimensions were in compliance with the Zoning Code when it was
originally constructed.
3. The subject property is located within the Single-Unit Residential Detached 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-C).
5. A public hearing was held on August 13, 2015, in the Corona del Mar Conference Room
(Bay E-1st 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 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities) of the Guidelines for CEQA.
2. This exemption includes additions up to 10,000 square feet where public services and
utilities are available and the area is not considered environmentally sensitive. The
Zoning Administrator Resolution No. ZA2015-0##
Page 2 of 6
proposed project is an 838-square-foot addition to an existing single-unit residence in 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
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 comprised of two- and three-story single-unit dwellings. The
Modification Permit will allow expansion of the existing single-unit dwelling, which is
compatible with other properties in the neighborhood.
2. The addition would increase the dwelling by 838 square feet, expanding the existing
kitchen, adding two (2) new bedrooms with bathrooms on the second floor and
creating a third floor bedroom with a bathroom. The proposed alterations will comply
with all applicable development standards, including floor area, height, setbacks, and
open volume and will not intensify or alter the existing nonconforming parking or roof
height.
3. The proposed addition will result in a total floor area of approximately 4,298 square
feet (including the 526-square-foot garage), which is substantially less than the
maximum allowable floor area of 5,440 square feet for the property. The resulting
dwelling will be similar in bulk and scale to others within the neighborhood.
4. The existing development on the property is a single-family dwelling. As such, there is
no change to the density or intensity 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 interior dimensions of the existing two-car garage were in compliance with the
Zoning Code and were approved with the plan check for the building permit in 1998.
However, as a result of amendments to the Zoning Code, the two-car garage is now
substandard in size, and is therefore legal nonconforming.
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Zoning Administrator Resolution No. ZA2015-0##
Page 3 of 6
2. The front of the property is about 2 feet higher than the alley at the rear and the
transition in the height from the garage floor to the first floor of the dwelling is more
than 3 feet. This transition required a retaining wall to be included in the original
construction which would be costly and significantly increase the scope of the project
to gain slightly over 1 foot of garage depth.
3. The granting of the Modification Permit is necessary to allow a reasonable addition to
an existing dwelling that was constructed in compliance with garage standards in
effect at the time of original construction, and that are adequate in width for the parking
of two (2) vehicles.
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 addition is mostly adding to the upper level and creating a third level. Increasing
the depth of the garage to 20 feet would result in a practical difficulty by requiring
significant structural alterations to the structure and a significant expansion in the
scope of work to increase the depth of the garage by approximately 1 foot.
2. The existing garage provides two (2) useable garage spaces only slightly less than the
required depth therefore fulfilling the intent of the Zoning Code by providing adequate
parking on site. Approval of the Modification Permit allows the applicant to continue
using the existing two-car garage, which has not proven detrimental to the occupants
or neighbors of the dwelling.
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. The alternative would require that the applicant bring the existing two-car garage into
conformance by expanding the garage depth. Expanding the garage depth would
require significant alterations to the structure well beyond the scope of the planned
additions and alterations.
2. The other alternative is to reduce the size of the addition to not more than 10 percent
of the existing floor area of the structure and comply with the requirements of the
Zoning Code. Given the proposal is to add rooms and to add a new third floor area, a
03-03-2015
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Zoning Administrator Resolution No. ZA2015-0##
Page 4of6
redesign to reduce the size of the addition will significantly impact the intent of the
project and not meet the objectives of the applicant.
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 one-story addition would maintain all required setbacks 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 existing nonconforming garage has not proven to be detrimental to the occupants
of the property, nearby properties, neighborhood, or City and is adequate in width to
park two (2) vehicles.
3. 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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2015-007, 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 fourteen (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 13th DAY OF AUGUST, 2015.
Brenda Wisneski, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA2015-0##
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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. Each parking space within the garage shall be permanently available and maintained for
parking purposes. The interior dimensions (20 feet wide by 18-feet 10-inches deep) shall
be kept clear of obstructions including cabinets, shelving, or similar that may impact the
ability to adequately park two (2) vehicles.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department, including for the existing improvements that were constructed
without the benefit of building permits. 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.
6. 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.
7. 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.
8. 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 Boehler Residence Modification including, but not
limited to, MD2015-007 (PA2015-117). 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
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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.
PUBLIC WORKS
9. All encroachments within the Belvue Lane right-of-way shall comply with City Council
Policy L-6. All non-compliant encroachments shall be removed and the applicant shall
obtain an encroachment permit and encroachment agreement for all remaining
compliant encroachments.
03-03-2015
Attachment No. ZA 2
Vicinity Map
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