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HomeMy WebLinkAboutZA2025-059 - APPROVING A MODIFICATION PERMIT FOR AN ADDITION GREATER THAN 10 PERCENT TO A SINGLE-UNIT DWELLING WITH A LEGAL NONCONFORMING GARAGE LOCATED AT 910 KINGS ROAD(PA2025-0157)RESOLUTION NO. ZA2025-059 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MODIFICATION PERMIT FOR AN ADDITION GREATER THAN 10 PERCENT TO A SINGLE-UNIT DWELLING WITH A LEGAL NONCONFORMING GARAGE LOCATED AT 910 KINGS ROAD (PA2025-0157) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Christopher Greaves (Applicant), with respect to property located at 910 Kings Road, and legally described as Lot 10 of Block G of Tract 1219 (Property). 2. The Applicant requests a modification permit to allow a 515 square-foot addition to an existing 2,912 square-foot, two-story, single-unit dwelling with an attached 422 square- foot two-car garage that is considered legal nonconforming due to its interior dimensions. The existing garage provides the minimum required depth; however, the existing width is substandard at 19 feet, 8 inches, where the requirement is 20 feet. A modification permit is required pursuant to Section 20.38.060 (Nonconforming Parking) of Newport Beach Municipal Code (NBMC) as the Applicant proposes an addition greater than 10% of the existing gross square footage of the dwelling without altering the garage for compliance (Project). The Project meets all other applicable development standards, and no other deviations are requested. 3. The Property is designated Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District. 4. The Property is not located within the coastal zone. 5. A public hearing was held on September 25, 2025, online via Zoom. A notice of 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 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. Zoning Administrator Resolution No. ZA2025-059 Page 2 of 8 01-25-19 2. The Class 3 exempts the demolition of up to three single-unit dwellings and additions of up to 10,000 square feet to existing structures. The Project is remodel and 515- square-foot addition to an existing single-unit dwelling within a developed neighborhood. Therefore, the Class 3 exemption is applicable. 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. Modification Permit 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 is developed with a 2,912-square-foot, two-story, single-unit dwelling with an attached 422-square-foot two-car garage. The modification permit will allow for a 515-square-foot addition to the first floor of an existing two-story, single-unit dwelling to accommodate an expanded kitchen and dining area, and an expansion to the master bedroom walk-in closet. The Project results in a total interior living area of 3,397 square feet. 2. The surrounding neighborhood is comprised of single-, two- and three-story, single- unit dwellings which are between 3,000 to 6,000 square feet in size. The addition is proposed on the first floor of a two-story dwelling which conforms with all other applicable development standards, including, but not limited to, floor area limit, setbacks, and height. The Project will be consistent with the size and height of other dwellings in the neighborhood. 3. Table 3-10 (Off-Street Parking Requirements) of Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC requires a minimum of two parking spaces, in a garage, for a detached single-unit dwelling with less than 4,000 square feet of habitable area. The Project includes a nonconforming two-car garage that will continue to provide the minimum number of required parking spaces. Zoning Administrator Resolution No. ZA2025-059 Page 3 of 8 01-25-19 4. Pursuant to Table 3-14 (Minimum Interior Dimensions) of Section 20.40.090 (Parking Standards for Residential Uses) of the NBMC, residential properties with lot width exceeding 40 feet require a two-car garage to provide a minimum interior dimension of 20-feet wide by 20-feet deep. However, on lots that are 30 feet wide or less, only a 17- foot, 6-inch wide and 19-feet deep garage is required. The Property is approximately 65 feet wide and therefore requires a 20-foot by 20-foot garage. The Project maintains a nonconforming two-car garage that is 19 feet, 8 inches wide by 20 feet, 1 inch deep which is adequately sized for the parking of two vehicles. The Property will continue to provide the same amount of off-street parking as other similar sized dwellings in the neighborhood. 5. The Project will not result in a change to the density or the use of the Property. Finding: B. The granting of the modification permit 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. Section 20.38.060 (Nonconforming Parking) of the NBMC specifies that residential developments are considered to have nonconforming parking if the developments do not have the required number or type of parking spaces or because amendments to the NBMC have changed the dimensions of required parking spaces subsequent to the original construction. The existing single-unit dwelling was built in 1955 and is in conformance with the development standards at the time of construction, including parking. As a result of the amendments to Title 20 (Planning and Zoning) of the NBMC in 2010, a 20-foot width and 20-foot depth is now required for a two-car garage and the dwelling is considered to be legal nonconforming for parking. 2. The proposed addition and remodel does not include any changes to the attached garage. Modifying the garage walls for compliance with the 20-foot width requirement would require the relocation of the left side garage wall footing, widening the garage slab, widening the driveway, and reframing the garage wall and roof. Altering the garage width by 4 inches to meet the 20-foot requirement would significantly increase the scope and cost of the Project while providing negligible benefits as the garage can still accommodate the parking of two vehicles with the current width. 3. The granting of the modification permit is necessary to allow an addition of 15% to an existing single-unit dwelling that was constructed in compliance with garage standards in effect at the time of original construction. Although the existing garage width dimension is not in compliance with current development standards, it is adequate in size for the parking of two vehicles. Finding: Zoning Administrator Resolution No. ZA2025-059 Page 4 of 8 01-25-19 C. The granting of the modification permit is necessary due to practical difficulties associated with the property and 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. A strict application of the NBMC would require the relocation of the left garage wall by 4 inches to achieve the 20-foot width requirement which would subsequently require widening the garage slab, widening of the driveway and reframing of the garage wall and roof, adding significant scope and cost to the Project. 2. The purpose and intent of the NBMC’s parking requirements is for single-unit dwellings under 4,000 square feet of livable area to provide a garage that accommodates the parking of two vehicles. Although the existing garage has substandard width, the garage still provides an area suitable for the parking of two vehicles, consistent with the intent of the parking requirement for single-unit dwellings. 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. Modifying the garage for compliance with current interior garage dimension requirements would provide a negligible benefit and would unreasonably require significant alterations to the garage, which is beyond the scope of the planned addition and alterations. If the garage is brought into compliance with the required garage dimensions, the number of parking spaces provided would not increase and would not provide additional off-street parking. The 19-foot 8-inch garage width has not proven to be detrimental to any neighboring properties. 2. The Applicant intends to create additional kitchen and dining space and additional storage in the master bedroom closet for total increase of 515 square feet. An alternative to the project would be to reduce the size of the addition from 515 to 333 square feet, 10% of the existing gross-floor area of the structure, as authorized by Subsection 20.38.060(A) of the NBMC. However, this alternative would significantly reduce the amount of addition, impact the objectives of the Project and would not provide similar benefits to the Applicant. 3. Although the width of the garage does not meet the minimum 20-foot requirement, there is adequate space in the garage to accommodate two vehicles. The 19-foot 8- inch garage width has not proven to be detrimental to the occupants of the dwelling or any neighboring properties. Zoning Administrator Resolution No. ZA2025-059 Page 5 of 8 01-25-19 Finding: E. The granting of the modification permit 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. Fact 1 in support of Finding D is hereby incorporated by reference. 2. The Property is also developed with a driveway in front of the garage that is 20 feet wide by 20 feet deep. Section 20.40.090 (Parking Standards for Residential Uses) of the NBMC allows parking on driveways located within the front setback that are at least 20 feet deep. Although driveway parking spaces are not required, the driveway would accommodate two additional parking spaces that help offset the marginally narrower parking spaces inside the garage and results in up to four on-site parking spaces. 3. The proposed first floor addition conforms to all applicable development standards, including, but not limited to setbacks, height, and will maintain adequate protection of light, air, and privacy. The addition will not preclude access to the dwelling and will be consistent with the scale of other two-story dwellings in the neighborhood. 4. The Project complies with the maximum floor area limitation of 9,002 square feet as the proposed addition will result in a total floor area is 3,849 square feet. Therefore, the proposed addition would not result in a change in intensity that is inconsistent with the provisions of the NBMC. 5. 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. 6. The approval of this Modification Permit is conditioned that the Applicant is required to maintain the garage to be permanently available for parking purposes with its existing interior dimensions to remain unobstructed. 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. Zoning Administrator Resolution No. ZA2025-059 Page 6 of 8 01-25-19 2. The Zoning Administrator of the City of Newport Beach hereby approves the Modification Permit filed as PA2025-0157, 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 Chapter 20.64 (Appeals) of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF SEPTEMBER 2025 ____________________________________ Liz Westmoreland, AICP, Zoning Administrator Zoning Administrator Resolution No. ZA2025-059 Page 7 of 8 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The Project 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. 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 to constitute a public nuisance. 5. 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. 6. Any change to the approved plans, including any demolition or addition beyond the approved scope of work shall require review by the Planning Division prior to commencement of work. Significant changes may require an amendment to or the processing of a new modification permit or may require the garage structure to be modified into compliance with Section 20.40.090 (Parking Standards for Residential Uses) of the NBMC. 7. Prior to issuance of the building permits, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans 8. The garage shall be permanently available and maintained for parking purposes. The interior clear dimensions (19 feet, 8 inches wide by 20 feet, 1 inch deep) shall be kept clear of obstructions including cabinets, shelving, or similar features, except as provided in Section 20.40.090 (Parking Standards for Residential Uses) of the NBMC, that prevents the ability to adequately park two vehicles. 9. Prior to 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. ZA2025-059 Page 8 of 8 01-25-19 10. 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. 11. 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 through Friday and 8:00 a.m. and 6:30 p.m. on Saturday. Noise- generating construction activities are not allowed on Sundays or Holidays. 12. 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 Greaves Residence including, but not limited to Modification Permit No. PA2025-0157. 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 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 13. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. Public Works Department 14. The Applicant is required to obtain an encroachment permit for all work located within the public right of way. 15. The Applicant shall remove the existing brick wall, concrete wall and steps from the public right of way.