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HomeMy WebLinkAboutZA2024-065 - APPROVING A MODIFICATION PERMIT FOR A 45% ADDITION TO AN EXISTING SINGLE-UNIT RESIDENCE WITH A NON-CONFORMING GARAGE LOCATED AT 1935 PORT CARDIFF PLACE (PA2024-0187)RESOLUTION NO. ZA2024-065 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MODIFICATION PERMIT FOR A 45% ADDITION TO AN EXISTING SINGLE-UNIT RESIDENCE WITH A NON-CONFORMING GARAGE LOCATED AT 1935 PORT CARDIFF PLACE (PA2024- 0187) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dana Kwon (Applicant), with respect to property located at 1935 Port Cardiff Place, and legally described as Lot 39 of Tract 6623 (Property), requesting approval of a modification permit. 2. The Applicant requests a modification permit to allow a 1,140-square-foot addition to an existing 2,508-square-foot single-unit residence with nonconforming parking. Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC) limits additions to a maximum of 10% of the existing gross floor area when a residence has nonconforming parking. The existing garage is considered nonconforming due to depth, as the garage only provides an interior clear dimension of 19 feet, 9 inches, when 20 feet is required. The addition otherwise complies with all applicable development standards and no other deviations are requested (Project). 3. The Property is categorized as Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Harbor View Hills Planned Community (PC 3), in the Low/Medium Density Residential Area (Area 2). 4. The Property is not located within the coastal zone. 5. A public hearing was held on December 12, 2024, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 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 proposed project is a 1,140-square-foot addition to an existing single-unit residence in a developed neighborhood and is not within an environmentally sensitive area. Zoning Administrator Resolution No. ZA2024-065 Page 2 of 7 08-10-18 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050(E) (Modification Permits – Required Findings) of the NBMC, 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 Property was originally developed in 1969 with a 2,508-square-foot, two-story, single-unit residence with an attached 476-square-foot, two-car garage. 2. Development along Port Cardiff Place predominantly consists of two-story, single-unit, residences with some one- and three-story, single-unit residences. There is a Metropolitan Water District facility located approximately 320 feet east of the Property, at the corner of Port Cardiff Place and East Newport Hills Drive. 3. The Project would increase the floor area of the dwelling by 1,140 square feet and add a new bedroom, living room, pantry, and bathroom on the first floor and a new balcony, laundry room, and two bathrooms on the second floor. 4. The areas of addition will not exceed the maximum height allowed by PC 3 and are consistent with the size of other properties in the neighborhood. The proposed addition will comply with all other applicable development standards including lot coverage and setbacks. 5. Although the existing garage depth is nonconforming at 19-feet, 9 inches, the existing garage spaces are adequate to park two vehicles. The substandard depth of the parking spaces would be permissible on a lot 30 feet wide or less, pursuant to Section 20.40.090 (Parking Standards for Residential Uses) of the NBMC, as the minimum depth for a single car space on a lot 30 feet wide or less is 19 feet. Therefore, the existing nonconforming parking spaces are functional for parking purposes and the proposed addition would not create a demand for street parking in the area. 6. The driveway in front of the garage allows for additional onsite parking. Although the driveway parking spaces do not count toward the parking requirement for single-unit dwellings, Section 20.40.090 (Parking Standards for Residential Uses) of the NBMC allows parking of vehicles on driveways within front setback areas that are in front of garages set back a minimum of 20 feet from the front property line. The driveway Zoning Administrator Resolution No. ZA2024-065 Page 3 of 7 08-10-18 measures approximately 20 feet wide by 20 feet, 4 inches, deep, which complies with the minimum dimensions of the NBMC. A larger vehicle can use the driveway, which offsets the shorter parking spaces inside the garage. 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 garage were compliant with the zoning standards in place at the time of construction. As the result of subsequent amendments to the Zoning Code, the garage is now substandard in size and is considered legal nonconforming. 2. Section 20.38.060 (Nonconforming Parking) of the NBMC limits additions to residential structures with nonconforming parking to a maximum of 10% of the existing floor area within a 10-year period. Subsection (2)(b) however allows for larger additions, subject to the approval of a modification permit. 3. A modification permit is necessary to allow the addition, as expanding the garage is overly difficult and onerous due to the physical characteristics of the existing structure. The proposed addition is located primarily at the front of the Property but does not include any changes to the attached garage. Expanding the garage south towards the front property line or north into the habitable space on the first floor would require new framing and foundations. To reframe the garage and pour additional footings are significant structural alterations which would increase the cost and scope of work of the project while providing negligible benefit. 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. PC 3 requires that each single-unit residence provide two parking spaces, in a garage, however it does not provide standards related to the dimensions of the parking spaces. PC 3 defers to the development standards provided within the NBMC, when not otherwise specified. Section 20.40.090 (Parking Standards for Residential Uses) of the NBMC requires the garage provide minimum interior clear dimensions of 20 feet wide by 20 feet deep. 2. The garage provides two useable parking spaces that are only three inches less than the required depth. The existing condition fulfills the intent of the NBMC by providing adequate parking onsite. The Applicant will continue to use the existing two-car garage and park onsite. Zoning Administrator Resolution No. ZA2024-065 Page 4 of 7 08-10-18 3. Fact 3 in support of Finding B hereby incorporated by reference. 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. An alternative to granting the modification permit is to require the garage be brought into compliance with current NBMC standards. While bringing the garage into compliance with current NBMC requirements would provide a negligible benefit, it would require significant alterations to the structure well beyond the scope of the addition. Furthermore, relocating the interior garage wall three inches into the existing habitable space would eliminate habitable space, which is contrary to the purpose of the Project. 2. Given the intent of the Project is to provide a bedroom, living room, pantry, and bathroom on the first floor and a new balcony, laundry room, and two bathrooms on the second floor, reducing the size of the addition to no more than 10% of the existing floor area of the structure as authorized under Section 20.38.060(A) (Nonconforming Parking - Residential) of the NBMC will significantly impact the objectives of the Project and would not provide similar benefits to the Applicant. 3. The Project, as proposed, is not anticipated to cause any detrimental effects to the neighborhood. 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. Although the depth of the parking spaces does not meet the minimum dimensions of the NBMC, the existing garage has sufficient depth to accommodate a typical vehicle and not generate a demand for on-street parking. 2. The proposed two-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 residence and will be consistent in scale with other two-story residences in the neighborhood. 3. PC 3 allows for a maximum lot coverage of 60%, which in this case is 3,367 square feet. The proposed lot coverage after the addition is 3,043 square feet or only 48% of the lot area. Zoning Administrator Resolution No. ZA2024-065 Page 5 of 7 08-10-18 4. The proposed addition maintains more than the minimum 3-foot side yard for fire access in accordance with Section 20.30.110(A)(1)(c) (Setbacks Regulations and Exceptions) of the NBMC. 5. Fact 6 in support of Finding A hereby incorporated by reference. 6. 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. The Building Division has reviewed the proposed project and added conditions of approval for demonstration of project compliance with Building Codes. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act under Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. 2. The Zoning Administrator of the City of Newport Beach hereby approves PA2024-0187, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 (Planning and Zoning,) of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF DECEMBER, 2024. Zoning Administrator Resolution No. ZA2024-065 Page 6 of 7 08-10-18 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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 clear dimensions (20 feet, 10 inches wide by 19 feet, 9 inches deep) shall be kept clear of obstructions including cabinets, shelving, or similar objects that may impact the ability to adequately park two vehicles, except as provided in Section 20.40.090(A)(4) (Parking Standards for Residential Uses) of the NBMC. 3. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Modification Permit. 5. Demolition beyond the approved scope of work requires Planning Division approval prior to commencement of work. Approval of revisions to project plans are not guaranteed and may require the garage to be redeveloped in conformance with the current NBMC development standards. 6. 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. 7. 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. 8. This approval shall expire and become void unless exercised within 24 months from the actual date of review by authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC. 9. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless the 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 Tang Residence including, but not limited to, the Modification Permit filed as PA2024-0187. This indemnification shall include, but not be limited to, Zoning Administrator Resolution No. ZA2024-065 Page 7 of 7 08-10-18 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. Building Division Conditions 10. Prior to permit issuance, plans shall be updated to provide an emergency escape and rescue opening in the master bedroom sufficient to satisfy applicable California Building Code requirements. Fire Department Conditions 11. Prior to permit issuance, plans shall be updated to show a residential fire sprinkler system throughout the residence and garage sufficient to satisfy applicable California Fire Code requirements. Public Works Department Conditions 12. Prior to permit issuance, plans shall be updated to demonstrate compliance with the following: a) The installation a new sewer cleanout on the existing sewer lateral pursuant to City Standard 406. The sewer clean out shall be installed within the sidewalk area in the public right of way; b) The reconstruction of the damaged driveway pursuant to City Standard 162; and c) The removal of the existing basketball hoop structure from the public right of way.