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HomeMy WebLinkAboutZA2025-032 - APPROVING A MODIFICATION PERMIT AND COASTAL DEVELOPMENT PERMIT FOR AN ADDITION GREATER THAN 10% TO A SINGLEUNIT DWELLING WITH A LEGAL NONCONFORMING GARAGE LOCATED AT 34 CASTAWAYS NORTH (PA2025-0051)RESOLUTION NO. ZA2025-032 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MODIFICATION PERMIT AND COASTAL DEVELOPMENT PERMIT FOR AN ADDITION GREATER THAN 10% TO A SINGLE- UNIT DWELLING WITH A LEGAL NONCONFORMING GARAGE LOCATED AT 34 CASTAWAYS NORTH (PA2025-0051) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Oscar Almendarez, concerning property located at 34 Castaways North, and legally described as Lot 44 in Tract 15012 requesting approval of a modification permit. 2. The applicant requests a modification permit to allow an addition to an existing 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 addition includes 390 square feet on the first floor and 710 square feet on the second floor (1,100 square feet total), which is a 24% addition. The addition otherwise complies with all applicable development standards and no other deviations are requested. Since the project is located within the coastal zone, a coastal development permit is also required. 3. The subject property is designated Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the PC43 (Upper Castaways) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (RSD-A) (0.0 - 5.9 DU/AC) and it is located within the PC43 (Upper Castaways) Coastal Zoning District. 5. A public hearing was held on June 12, 2025, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with 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) under Section 15301 under Class 1 (Existing Facilities) 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. Zoning Administrator Resolution No. ZA2025-032 Page 2 of 10 07-29-24 2. The exemption includes additions to existing structures up to 50% of the floor area before the addition, or 2,500 square feet, whichever is less. The proposed project includes a 1,100 square-foot addition and remodel to an existing single-family residence with nonconforming interior parking dimensions in a developed neighborhood with no potential impact to the environment. 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 surrounding neighborhood is comprised of one- and two-story single-unit dwellings. The Modification Permit will allow an addition to the existing two-story, single-unit dwelling, which is compatible with other properties in the neighborhood. The Project includes an addition on the first floor for a butler’s pantry and a lounge area off the kitchen. The addition on the second floor includes bathrooms, an office, a laundry room and a closet. The density or intensity does not change as a result of the project. 2. The proposed addition will result in a total floor area of 5,740 square feet (including the 687-square-foot garage). The resulting bulk and scale of the Project is compatible with other single-unit dwellings within the neighborhood. 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 interior clear dimensions of the property’s two-car garage is approximately 20 feet, 1 inch wide by 18 feet 10-inches-deep; and the one-car garage is 10 feet wide by 17 feet, 3 inches deep. These interior clear dimensions were approved with the original construction of the dwelling. However, due to the updated Zoning Code development standards of 20 feet wide by 20 feet deep interior clear dimensions (two- car garage) and 10 feet wide by 20 feet deep interior clear dimensions (single-car garage), the existing dwelling now has nonconforming parking spaces. Neither garage meets the minimum depth requirement. 2. NBMC Subsection 20.38.030(C) (Determination of Nonconformity – Nonconforming Structure) defines a “legal nonconforming structure” as any structure that was lawfully Zoning Administrator Resolution No. ZA2025-032 Page 3 of 10 07-29-24 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. At the time of construction in 1997, there were no minimum size requirements for parking spaces. 3. Modifying the garage wall of the two-car garage is not feasible because it will require removing the powder bathroom and reframing the garage, which is not part of the project scope. Modifying the one-car garage is restricted as the garage is oriented perpendicular to the side property line with the existing exterior wall already abutting the setback line. Furthermore, the entry of the one-car garage could not be pushed out because it would obstruct the existing entrance to the dwelling. These changes would significantly impact the objectives, costs and scope of the project without benefit to the applicant. 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. Facts in Support of Finding B are hereby incorporated by reference. 2. Relocating the interior walls 14 inches to achieve the 20-feet clear depth would eliminate the existing powder bathroom that is part of the original construction of the single-unit dwelling. Modifying the one-car garage depth is restricted due to the orientation of the existing garage that is perpendicular and abutting the minimum side setback. The one- car garage entrance is also adjacent to the existing entrance to the dwelling, leaving no space to push out. 3. A redesign to reduce the size of the addition to 464 square feet (i.e. 10% addition) or extend the garage walls significantly impact the objectives of the project and would not provide similar benefits to the applicant. These alternatives would be contrary to the purpose of the Project and would be costly to implement. 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. Zoning Administrator Resolution No. ZA2025-032 Page 4 of 10 07-29-24 Facts in Support of Finding: 1. Fact 2 of Finding C is hereby incorporated by reference. 2. The intent of the Project is to provide additional living areas on the first level towards the middle and rear of the existing structure; and on the second level second floor reorienting and adding bathrooms and adding an office and laundry room. A redesign to reduce the size of the addition to 464 square feet will significantly impact the objectives of the Project and would not provide similar benefits to the homeowner. 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 Project conforms to all applicable development standards, including floor area limit, setbacks, and height, and will provide adequate protection for light, air, and privacy. The Project is consistent in scale with other dwellings in the neighborhood. 2. The Project maintains more than the minimum three-foot side yard for emergency access in accordance with NBMC Section 20.30.110 (Setbacks Regulations and Exceptions), Subsection A(1)(c). 3. The approval of this Project is conditioned such that the Applicant is required to obtain all necessary permits in accordance with the Building Code and other applicable Codes. 4. The Property includes a driveway adequate in size which measures 20 feet wide by 20 feet deep to accommodate parking for the two guest parking spaces per unit pursuant to the PC 43 regulations, thereby minimizing demand for on-street parking. Coastal Development Permit By Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, the following findings, and facts in support of such findings are set forth: Finding: F. That the proposed project conforms to all applicable sections of the certified Local Coastal Program. Zoning Administrator Resolution No. ZA2025-032 Page 5 of 10 07-29-24 Facts in Support of Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. There is no maximum floor area limitation in PC 43 (Upper Castaways) Planned Community. b. The proposed development provides the minimum required setbacks, which are 10 feet along the front property line, 5 feet along each side property line or 10 feet on one side and 0 on the other, and 10 feet along the rear property line. c. The highest ridge is no more than 29 feet from the established grade, which complies with the maximum height requirements. d. The project includes garage parking for a total of two vehicles, complying with the minimum two-car garage parking requirement for single-family residences within the PC 43 (Upper Castaways) Planned Community. Since Title 21 does not specify interior clear dimensions of the required two-car garage, findings from Section 21.52.090 (Relief from Implementation Plan Development Standards) are not required as part of the coastal development permit. 2. The neighborhood is predominantly developed with two-story, single-family residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 3. The property is in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved before the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC before building permit issuance. 4. The project site is not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is along the blufftop access approximately 470 feet south of the subject property. The subject property is not visible from the viewpoint. 5. The proposed addition is for a property located within a developed neighborhood in a gated community, and over 300 feet from the coastal bluff and bay with no potential impact to coastal resources. Given its inland location, the existing property does not include nor propose shoreline protective devices. Zoning Administrator Resolution No. ZA2025-032 Page 6 of 10 07-29-24 6. No natural or cultural resources are located on the site, which has been developed for approximately 29 years. Finding: G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact, and be proportional to the impact. Public access along the coastal blufftop is provided by a public path along the bluff adjacent the bay approximately 240 feet south of the subject property. The proposed addition will not impact the blufftop access and public pathway. 2. The project site is within the gated community of PC 43 and over 300 feet from the coastal bluff and bay with no potential impact to public access or recreation. There are no existing or proposed public access routes on the property. 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 15301 under Class 1 (Existing Facilities) 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 and Coastal Development Permit filed as PA2025-0051, subject to the conditions outlined 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 a call for review is filed with the Community Development Director by the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan), of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. Zoning Administrator Resolution No. ZA2025-032 Page 7 of 10 07-29-24 PASSED, APPROVED, AND ADOPTED THIS 12th DAY OF JUNE 2025. _____________________________________ Liz Westmoreland, AICP, Zoning Administrator Zoning Administrator Resolution No. ZA2025-032 Page 8 of 10 07-29-24 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 applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may cause the revocation of this Modification Permit and Coastal Development Permit. 4. This Modification Permit and Coastal Development 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 are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 5. The project shall require the approval of a building permit for the proposed construction. 6. 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. 7. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 8. Each parking space within the two-car garage shall be permanently available and maintained for parking purposes. The interior clear dimensions (20 feet 1 inch 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 vehicles. 9. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds under MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer Zoning Administrator Resolution No. ZA2025-032 Page 9 of 10 07-29-24 active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 10. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 11. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 12. Trash and debris shall be disposed of in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 13. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 14. All landscape materials and irrigation systems shall be maintained by the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 15. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, 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 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. 16. Before the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. Zoning Administrator Resolution No. ZA2025-032 Page 10 of 10 07-29-24 17. 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 leasing agent. 18. 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 Newport Beach Municipal Code. 19. To the fullest extent permitted by law, the 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 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 Zak Residence including, but not limited to, Modification Permit and Coastal Development Permit filed as PA2025-0051. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which the City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Building Division Requirements 20. The building permit plans shall comply with the California Residential Code 2022.