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HomeMy WebLinkAboutZA2025-029 - APPROVING A MODIFICATION PERMIT FOR AN ADDITION GREATER THAN 10% TO A SINGLE-UNIT DWELLING WITH A LEGAL NONCONFORMING GARAGE LOCATED AT 1801 PORT TAGGART PLACE (PA2024-0222)RESOLUTION NO. ZA2025-029 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MODIFICATION PERMIT FOR AN ADDITION GREATER THAN 10% TO A SINGLE-UNIT DWELLING WITH A LEGAL NONCONFORMING GARAGE LOCATED AT 1801 PORT TAGGART PLACE (PA2024-0222) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Foubister Architects (Applicant), with respect to the property located at 1801 Port Taggart Place and legally described as Lot 25 of Tract No. 6938 requesting approval of a modification permit. 2. The Applicant requests a modification permit to allow an addition to an existing 2,930- square-foot single-unit dwelling that is greater than 10% of the existing square footage. The existing single-unit dwelling is nonconforming due to the dimensions of the existing garage. 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 total addition includes 409 square feet, which is a 14% addition. The addition otherwise complies with all applicable development standards and no other deviations are requested. 3. The subject property is designated RS-D (Single Unit Residential Detached) by the General Plan Land Use Element and is located within the PC3 (Harbor View Hills Planned Community) Zoning District. 4. The subject property is not located within the coastal zone; therefore, a coastal development permit is not required. 5. A public hearing was held on May 29, 2025, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (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 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. 2. This exemption includes additions to existing structures provided that the addition does not result in an increase of more than 50% of the floor area of the structure before the Zoning Administrator Resolution No. ZA2025-029 Page 2 of 7 01-25-19 addition, or 2,500 square feet, whichever is less. The proposed project includes the remodel of an existing single-unit dwelling with nonconforming parking and the construction of a 409 square foot addition to an existing single-unit dwelling. 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 existing development is a 2,930 square-foot, single-unit dwelling with an attached two car garage. The neighborhood is comprised of one-story and two-story single-unit dwellings. The modification permit will allow an expansion of the existing two-story single-unit dwelling, which is compatible with other properties in the neighborhood. 2. The addition would provide more living area for the residents by increasing the size of the dwelling unit by 409 square feet. The addition is two stories and is consistent with the design and height of other properties in the neighborhood. 3. There is no change to the density or the use 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 existing structure was built in the early 1970s and complied with development standards, including parking requirements, at the time of construction. Subsequent amendments to the standards have rendered the interior clear dimensions of the existing two-car garage to be substandard in size. 2. NBMC Subsection 20.38.030(C) (Determination of Nonconformity – Nonconforming Structure) defines a “legal nonconforming structure” as any structure that was lawfully erected but does not conform with the current development standards for the zoning district in which it is located by reason of adoption or amendment of the Zoning Code. The existing structure is considered legal nonconforming as it was legally permitted but is now nonconforming due to the substandard interior garage dimensions. Zoning Administrator Resolution No. ZA2025-029 Page 3 of 7 01-25-19 3. The proposed project does not require modification to the garage. Modifying the garage walls to conform to the minimum interior garage dimensions, which are not within the area of the proposed construction, would require substantial foundation and framing work due to the structural significance of the wall. Rebuilding the garage wall would significantly increase the scope and cost of the project. 4. 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 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 existing garage is nonconforming because it is located 22 feet, 9 inches from the front property line where 32-foot feet is required for the front yard setback. Therefore, the existing garage is nonconforming to the front setback. If the existing garage wall were moved approximately one inch forward (towards the street) to achieve the required 20-foot clear interior depth, this would place the garage further into the required 32-foot front yard setback, which would not be more consistent with the Zoning Code. 2. The rear wall of the garage has been identified by the project architect and Building Division as a critical load bearing wall that supports the structure both vertically and laterally. In addition, the rear wall of the garage has a footing beneath it that provides lateral shear support. Adjusting the wall location to increase the depth by one inch would cause substantial foundation and framing work and would add significant scope and cost to the project. Finding: D. There are no alternatives to the modification permit that could provide similar benefits to the applicants with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Facts in Support of Finding: 1. Bringing the garage into compliance with current Zoning Code requirements would provide a negligible benefit but it would unreasonably require significant alterations to the structure well beyond the scope of the planned addition. 2. The intent of the project is to provide an expanded living room and entryway on the first floor and an expanded bedroom along with a new bathroom on the second-floor Zoning Administrator Resolution No. ZA2025-029 Page 4 of 7 01-25-19 additional living area, including a new laundry room, a larger kitchen, and a new family room. A redesign to reduce the size of the addition to 293 square feet will significantly impact the objectives of the project and would not provide similar benefits to the Applicants. 3. Facts in support of Finding C are hereby incorporated by reference. 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 remodel and construction will comply with all applicable development standards, including height, setbacks, lot coverage 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 proposed project maintains more than the minimum five-foot side yard for fire access in accordance with Zoning Code Section 20.30.110 (Setbacks Regulations and Exceptions), Subsection A(1)(c). 3. The approval of this modification permit is conditioned such that the Applicants are required to obtain all necessary permits in accordance with the Building Code and other applicable Codes. 4. In addition to the two-car garage, the property includes a driveway adequate in size to accommodate parking for two additional vehicles on-site, minimizing demand for on- street parking. 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 pursuant to 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Modification Permit filed as PA2024-0222, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2025-029 Page 5 of 7 01-25-19 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 29TH DAY OF MAY, 2025. Zoning Administrator Resolution No. ZA2025-029 Page 6 of 7 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 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. The Applicants 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. 4. 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. 5. Any change to the approved plans shall require review by the Planning Division. An amendment to or the processing of a new modification permit may be required. 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. Each parking space within the garage shall be permanently available and maintained for parking purposes. The interior clear dimensions (20 feet wide by minimum 19 feet, 11 inches deep) shall be kept clear of obstructions including cabinets, shelving, or similar that may impact the ability to adequately park two vehicles. 8. Prior to the issuance of a building permit, the Applicants shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. 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. 10. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday Zoning Administrator Resolution No. ZA2025-029 Page 7 of 7 01-25-19 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. 11. This approval shall expire and become void unless exercised within 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 NBMC. 12. To the fullest extent permitted by law, Applicants 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 Evans Residence including, but not limited to Modification Permit filed as PA2024-0222. 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 Applicants, City, and/or the parties initiating or bringing such proceeding. The Applicants shall indemnify the City for all of the City's costs, attorneys' fees, and damages which the City incurs in enforcing the indemnification provisions set forth in this condition. The Applicants shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition Fire Prevention Division 13. The Project shall be designed to incorporate a fire sprinkler system in accordance with 2022 CFC 903 and 2022 NFPA13D. 14. The Property shall maintain an open passage/walkway of 36 inches (wide) along one side yard from the front to rear of property for emergency access. Public Works Department 15. Prior to the building permit final, a new sewer clean out shall be installed on the existing sewer lateral per City Standard 406. 16. Prior to the building permit final, the Applicant shall reconstruct the existing damaged driveway per City Standard 162. 17. The Applicant shall obtain an encroachment permit and encroachment agreement for the existing decorative walkway within the Port Taggart Place public right of way.