USE PERMIT NO. UP2005-039

(PA2005-181)

 

 

PLANNING DEPARTMENT

3300 NEWPORT BOULEVARD

NEWPORT BEACH, CA 92663

(949) 644-3200  FAX (949) 644-3229

 

 

Staff Person: Javier S. Garcia, 644-3206

Appeal Period: 14 days after approval date

 

 

 

 

July 26, 2007

 

 

Douglas Ayres and Michele Ayres

1730 Antigua Way

Newport Beach, CA 92660-4346

 

Application:

 

Planning Director’s Use Permit No. UP2005-039 (PA2005-181)

Applicant:

 

Douglas Ayres

Site Address:

 

1730 Antigua Way

Legal Description:

Lot 283,Tract 4224

 

Request as Modified and Approved:

 

to establish a granny unit in conjunction with an existing single-family dwelling. The granny unit will contain approximately 634 square feet of living area and provide a single-car garage parking space. In accordance with the provisions of Chapter 20.85 of the Newport Beach Municipal Code, the unit shall be intended for the sole occupancy of 1 or 2 persons who are at least 60 years in age. Prior to issuance of building permits, the applicant shall provide revised plans to the Planning Department that accurately depict the reduction in the floor area of the granny unit to comply with the maximum area of 640 square feet allowed by the Zoning Code. The property is located in the R-1-B District.

 

NOTE: This application had been removed from calendar due to unforeseen circumstances and was reactivated by the applicant on June 1, 2007.

 

 

Director’s Action                   Approved – July 26, 2007

 

FINDINGS

 

1.                  The Land Use Element of the General Plan designates the site for "Single-Family Detached" uses. The proposed granny unit is a permitted use within this designation as the General Plan recognizes that certain provisions of State law supersede local land use regulations, including the ability to add "granny units" in single-family residential areas.

 

2.                  The project will not have a significant environmental impact and is categorically exempt from CEQA review under a Class 3 exemption (New Construction or the Conversion of Small Structures).

 

3.                  Public Improvements may be required per the Newport Beach Municipal Code.

 

4.                  The subject property is developed with an existing single-family dwelling and detached garage. The granny unit will be located above the garage portion of the building at the rear of the property (Antigua Way side of the property). Surrounding land uses are single-family dwellings.

 

5.                  The project, as conditioned, will comply with all applicable development regulations specified by the R-1-B District.

 

6.                  The proposed location of the granny unit is in accordance with the objectives of the code, specifically Chapter 20.85 (Accessory Dwelling Units) and the purposes of the residentially designated R-1-B District in which the site is located.

 

7.                  The Planning Director’s approval of Use Permit No. 2005-039, as conditioned and under the circumstances of this case, will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood. Since the project is a residential use located within a residentially designated area and the granny unit dwelling is limited to a maximum of two occupants, it will not be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City.

 

CONDITIONS

 

1.                  The proposed development shall be in substantial conformance with the approved plot plan, floor plan and elevations dated June 2005, except that the revised plans shall be submitted in accordance with Conditions of Approval 3 and 4 below.

 

2.                  The overall size of the granny unit shall be reduced to comply with the maximum floor area of 640 square feet allowed by Chapter 20.85 of the Newport Beach Municipal Code. This may require relocation of the entry door or enclosure of the access stairway.

 

3.                  Prior to issuance of building permits, the applicant shall provide a copy of the revised architectural plans to be issued by the Building Department for the proposed construction that accurately depicts the reduction in the maximum floor area to comply with the Zoning Code limitation of 640 square feet.

 

4.                  The granny unit (second dwelling unit) shall be limited to the use of one or two persons at least 60 years in age.

 

5.                  Prior to the issuance of a building and/or grading permit for a granny unit, the property owner shall record a deed restriction with the County Recorder's Office. The form and content, which shall be satisfactory to the City Attorney, shall state that under no circumstances shall the granny unit be rented to or otherwise occupied by any person or persons less than 60 years of age. Said document shall also contain all conditions of approval imposed by the Planning Director. This deed restriction shall remain in effect so long as the granny unit exists on the property.

 

6.                  Prior to the final inspection of building permits of the granny unit by a City Building Inspector, the property owner shall submit to the Planning Director the names and birth dates of any and all occupants of the granny unit constructed pursuant to this chapter to verify occupancy by a person or persons of at least 60 years in age. Thereafter, verification will be on an annual basis every year. Upon any change of tenants, the property owner shall notify the City immediately. This information shall be submitted in writing and contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct.

 

7.                  At least one person having an ownership interest in the property shall continuously occupy the primary residence or Granny Unit.

 

8.                  The third-car garage parking space as indicated on the approved plan shall be made available for the exclusive use of the occupant(s) of the granny unit and shall remain clear of any obstructions and available for the parking of a vehicle at all times.

 

9.                  The independently accessible parking space provided for the granny unit shall meet the minimum size requirements specified by Chapter 20.85 of the Zoning Code.

 

10.             Upon completion of the private improvements on the site, the applicant shall be responsible for the repair or replacement of public improvements surrounding the subject property that are damaged by the private construction project. The extent of the remedial work includes but is not limited to the repair or reconstruction of curb, gutter, sidewalk, driveway approach, parkway landscaping, and street pavement, unless otherwise approved by the Public Works Inspector.

 

11.             All improvements shall be constructed as required by Ordinance and the Public Works Department.

 

12.             An encroachment permit shall be obtained prior to the performance of any work activities within the public right-of-way.

 

13.             Prior to the final of building permits, per City water quality requirements, bottomless trench drains shall be installed behind the back of the sidewalk along the width of the driveway to retain on-site runoff, unless otherwise approved by the Public Works Department.

 

14.             The Planning Director or the Planning Commission may add to or modify the conditions of approval for this use permit, or revoke this permit upon a determination that the operation (which is the subject of this approval) causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community.

 

15.             This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code.

 

 

APPEAL PERIOD

 

The decision of the Planning Director may be appealed by the applicant or any interested party to the Planning Commission within 14 days of the decision date. Any appeal filed shall be accompanied by a filing fee of $600.00.

 

On behalf of Planning Director David Lepo,

 

 

 

                                                                                   

Zoning Administrator Javier S. Garcia, AICP

 

Attachments:  Appendix

                        Vicinity Map

                        Site Plan, Floor Plan and Exterior Elevations

 

cc:

contact

Bill Bouseman, Jr.

621 East 20th Street

Santa Ana, CA 92706

 

APPENDIX

 

Development Regulations

 

The applicant is proposing to construct a 634 square foot granny unit that includes a living room, bedroom, kitchen and full bathroom in conjunction with an existing single-family dwelling and located over the new detached garage at the rear of the property (Antigua Way side of the property). As indicated in the Findings, the project, as conditioned, will comply with all applicable granny unit regulations (Chapter 20.85) and all applicable development regulations that apply to the R-1-B District (Residential Single Family). The table below outlines the regulations.

 

Granny Unit Development Standards

 

 

REQUIREMENT

PROPOSED

A.  Building Height

Chapter 20.65, in accordance with the “Official Height Limitations Zone Map” incorporated within Chapter 20.65, shall regulate the building height. Granny units located in the R-1-B District, which are attached or detached from the primary residence or on the second floor of an accessory building, are required to conform to the provisions of the 24/28 Foot Height Limitation Zone.

Complies.  The height limit for residential buildings in the R-1-B District is:

 

Ridge: 29 feet

Average: 24 feet

 

Proposed Building/Granny Unit:23-ft 2-in  (Ridge)

 

B.  Setbacks:

All building setbacks required in the district in which the granny unit is proposed shall be met.

 

Complies. The proposed granny unit meets the required minimum setbacks for buildings in RSF District of the SP-7 which are:

                        Required           Proposed

Front

(Galaxy Dr):       20                     20+

Sides:               6                      6+

Rear

(Antigua Way)   12                     12+

 

 

C.  Minimum Lot Size:

A minimum lot size of 5,450 square feet shall be required in order to establish a granny unit pursuant to this chapter.

Complies. The subject property is approximately 21,600 square feet in area.

D.  Minimum Floor Area

Each granny unit established pursuant to this chapter shall provide a minimum of 600 square feet of floor area, as measured from within the surrounding perimeter walls of the unit.

Complies.  The proposed granny unit is 634 square feet.

E.  Maximum Floor Area:

No granny unit established pursuant to this chapter shall have more than 640 square feet of floor area, as measured from within the surrounding perimeter walls of the unit.

 

Conditionally Complies.  The proposed granny unit shall be designed to comprise 634 square feet, but no more than 640 square feet. Revised plans showing the final design shall be forwarded to the Planning Department prior to issuance of building permits.

F.  Required Parking:

In addition to the parking required for the primary residence, there shall be at least 1 independently accessible parking space for the granny unit, provided there are at least 2 covered parking spaces on the site. This additional parking space shall be kept free, clear, and accessible for the parking of a vehicle at all times.

Complies.  The proposed project provides an independently accessible garage parking space on the Antigua Way side of the property. The Public Works Department will require approval of a new curb cut for the new three car-garage.

G.  Owner/Occupancy Required. 

At least 1 person having an ownership interest in the property shall continuously occupy the primary residence or the granny unit.

 

Conditionally Complies. Occupancy verification will take place prior to the final of building permits.

 

 

 

 

VICINITY MAP

 

 

Planning Director’s Use Permit UP2005-039

Project No. PA2005-181

 

Site Address:      1730 Antigua Way