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HomeMy WebLinkAboutZA2025-074 - APPROVING A MODIFICATION PERMIT FOR A 17-PERCENT ADDITION TO AN EXISTING SINGLE-UNIT RESIDENCE WITH NONCONFORMING PARKING LOCATED AT 1977 PORT SEABOURNE WAY (PA2025-0137)Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL November 26, 2025 David Hohmann 151 Klamus Dr. E #201 Costa Mesa, CA 92626 dhohmann@sbcglobal.net Subject: Modification Permit (PA2025-0137) 1977 Port Seabourne Way Dear Mr. Hohmann, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on November 26, 2025 and effective on December 11, 2025. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, Laura Rodriguez, Assistant Planner Attachment: Signed Resolution RESOLUTION NO. ZA2025-074 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MODIFICATION PERMIT FOR A 17-PERCENT ADDITION TO AN EXISTING SINGLE-UNIT RESIDENCE WITH NONCONFORMING PARKING LOCATED AT 1977 PORT SEABOURNE WAY (PA2025-0137) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by David Hohmann (Applicant), on behalf of Terri Sjodin (Owner), for 1977 Port Seaborne Way which is legally described as Lot 30 in Tract 7027 (Property), requesting approval of a modification permit. 2. The Applicant proposes a 358-square-foot addition (17%) to an existing nonconforming single-unit residence where the Zoning Code limits additions to 10% of the existing gross floor area when the required parking dimensions are not provided. The Property currently provides interior garage dimensions of 19 feet 4 inches in width and 20 feet in depth. Given that the Property’s lot width exceeds 40 feet, the Newport Beach Municipal Code (NBMC) requires a minimum interior garage dimension of 20 feet in width by 20 feet in depth for the two-car garage (Project). 3. The Property is designated Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Harbor Views Hills (PC3) Zoning District. 4. The Property is not located within the coastal zone. 5. A public hearing was held on November 26, 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. 2. The Class 1 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 Project is a 358-square- foot addition to an existing single-unit dwelling in a developed neighborhood and is not within an environmentally sensitive area. Therefore, the Project is consistent with the intent of Class 1. Zoning Administrator Resolution No. ZA2025-074 Page 2 of 6 SECTION 3. REQUIRED FINDINGS. By 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 residences. The modification permit will allow an addition to the existing one-story single-unit residence, which is compatible with other properties in the neighborhood. The Project includes additional floor area to expand the existing kitchen, family room, and two bedrooms. There is no change to the density or intensity as a result of the Project. 2. The PC3 Zoning District limits site coverage to 60%, which is 3,627 square feet of the 6,045-square-foot lot. The project includes an addition of 358 square feet for a total gross floor area of 2,478 square feet (49% site coverage). 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. While the Property provides a two-car garage as required by the PC3 district regulations, the regulations are silent in the minimum interior dimensions for enclosed spaces. Therefore, the applicability of Section 20.40.040 (Parking Standards for Residential Uses) of the NBMC requires a two-car garage to provide a 20-foot wide by 20-foot deep interior dimensions due to the Property’s lot width being more than 40 feet. The Property currently provides interior garage dimensions of 19 feet 4 inches in width and 20 feet in depth. Therefore, the Property’s existing 2-car garage is considered legal nonconforming due to insufficient width. 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 Property does provide a two-car garage; however, it is considered legal nonconforming due to its substandard interior garage dimensions. The existing nonconforming garage measures approximately 19 feet 4 inches in width by 20 feet in Zoning Administrator Resolution No. ZA2025-074 Page 3 of 6 depth, where the Zoning Code requires minimum dimensions of 20 feet wide by 20 feet deep. 3. The granting of the modification permit is necessary to allow a reasonable addition to an existing single unit dwelling that was constructed in compliance with the required number of parking spaces 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. To create a compliant two-car garage with the required interior dimensions would result in practical difficulties and physical hardships. Relocating the interior walls 6 inches to the west to achieve the required 20-foot width interior clearance would reduce the size of the existing bedroom. Relocating the interior wall to the east is not permitted since it encroaches into the required 5-foot side yard setback. These alternatives would make the Project infeasible and are inconsistent with the purpose and intent of the Zoning Code. 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. Fact 2 of Finding C is hereby incorporated by reference. 2. The intent of the Project is to provide additional living area to expand the existing kitchen, family room, and two bedrooms. A redesign to reduce the size of the addition to 212 square feet will significantly impact the objectives of the Project and would not provide similar benefits to the Owner. 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. Zoning Administrator Resolution No. ZA2025-074 Page 4 of 6 Facts in Support of Finding: 1. The Project conforms to the applicable development standards such as floor area limit and height, which will provide adequate protection for light, air, and privacy. The Project also complies with the required 5-foot side yard setback and 10-foot rear yard setback. The Property is required to have 19-foot front yard setback along Port Seabourne Way. However, the existing single-unit dwelling maintains an 18-foot, 6-inch setback from the front property line. While the building’s existing yard setback is legal-nonconforming, the Project does not further intensify this condition, as the nonconforming setback pertains to the existing garage, which is not within the Project’s scope. 2. The Project maintains more than the minimum 3-foot side yard for fire access in accordance with Zoning Code Section 20.30.110 (Setbacks Regulations and Exceptions), Subsection A(1)(c). 3. As conditioned, the Applicant is required to obtain all necessary permits in accordance with the Building Code and other applicable 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 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 Modification Permit (PA2025-0137), 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, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF NOVEMBER, 2025. Zoning Administrator Resolution No. ZA2025-074 Page 5 of 6 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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. A material violation of any of those laws in connection with the use may be caused the 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 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. 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. Demolition beyond the approved scope of work requires planning division approval before the commencement of work. Approval of revisions to project plans is not guaranteed. Any changes in the current scope of work may require the entire structure to be demolished and redeveloped in conformance with the current Zoning Code Development Standards. 7. Each parking space within the garage shall be permanently available and maintained for parking purposes. The interior clear dimensions (19 feet 4 inches wide by 20 feet deep) shall be kept clear of obstructions including cabinets, shelving, or similar that may impact the ability to adequately park three vehicles 8. 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. 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. 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 Zoning Administrator Resolution No. ZA2025-074 Page 6 of 6 current business owner, property owner or leasing agent. 11. 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. 12. 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. 13. 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 Sjodin Residence Addition including, but not limited to, Modification Permit No. PA2025-0137. 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 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. Public Works Department 14. The existing planter within the public right of way shall be removed, and an encroachment permit for the removal shall be obtained. 15. An encroachment permit and encroachment agreement shall be obtained for the decorative driveway pavers within the public right of way. Fire Department 16. The Project shall be fire sprinklered per 2022 NFPA13D if the existing dwelling is equipped with a fire sprinkler system.