HomeMy WebLinkAbout03_Sjodin Residence Addition Modification Permit PA2025-0137CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 26, 2025
Agenda Item No. 3
SUBJECT: Sjodin Residence Addition (PA2025-0137)
▪Modification Permit
SITE LOCATION: 1977 Port Seabourne Way
APPLICANT: David Hohmann
OWNER: Terri Sjodin
PLANNER: Laura Rodriguez, Assistant Planner
lrodriguez@newportbeachca.gov, 949-644-3216
LAND USE AND ZONING
•General Plan Land Use Plan Category: Single Unit Residential Detached (RS-D)
•Zoning District: Harbor Views Hills (PC3)
PROJECT SUMMARY
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.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project 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, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit No.
PA2025-0137 (Attachment No. ZA 1).
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Zoning Administrator, November 26, 2025
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DISCUSSION
Background and Setting
•The subject property is located in the Harbor Views Planned Community (PC3),
which provides for single-unit residential development and is consistent with the
City’s General Plan and Zoning Code. The property is developed with a single-story,
2,120-square-foot single-unit dwelling, including an attached garage (Figure 1,
below). The PC3 Zoning District limits site coverage to 60%. The project includes
an addition of 358 square feet for a total gross floor area of 2,478 square feet and
site coverage of 49%.
Figure 1: Oblique Aerial Image of Property
•The subject property’s existing interior garage dimensions are 19 feet 4 inches in
width and 20 feet in depth. These interior clear dimensions were approved when
the existing residence was developed and provides a two-car garage as required
by the PC district regulations.
Subject Property
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Zoning Administrator, November 26, 2025
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•The property currently consists of one legal lot developed with a single-family
residence. The surrounding neighborhood is comprised of one- and two-story
single-unit dwellings.
Nonconforming Development Standards
•NBMC Subsection 20.38.030(C) (Determination of Nonconformity) 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. 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 20.40.090 (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
existing nonconforming garage measures approximately 19 feet 4 inches in width by
20 feet in depth. Therefore, the property’s existing 2-car garage is considered legal
nonconforming due to insufficient width.
•NBMC Subsection 20.38.060(A)(2) (Nonconforming Parking - Residential) limits
additions to residential structures with nonconforming parking dimensions to 10%
of the existing gross floor area within any 10-year period. Larger additions may be
permitted subject to the approval of a modification permit.
Modification Permit
•The applicant proposes a 358-square-foot addition (17% of the existing gross floor
area) and leaving the garage dimensions unchanged. The project includes
additional floor area to expand the existing kitchen, family room, and two
bedrooms. The modification permit will allow an addition to the existing one-story
single-unit dwelling, which is compatible with other properties in the neighborhood.
Therefore, the project will not result in a change to the density or intensity as a
result of the project.
•The existing parking configuration will continue to accommodate the parking of two
vehicles within the garage and fulfills the intent of the Zoning Code. Demand for
on-street parking in the neighborhood is not anticipated to increase as a result of
the project.
•An alternative to this proposal is to reduce the size of the addition to no more than
10% of the existing gross floor area of the structure as authorized under NBMC
Section 20.38.060(A) (Nonconforming Parking - Residential) and extending the
existing garage walls to the west and east. If the Applicant were to relocate the
interior walls 6 inches to the west to achieve the required 20-foot width interior
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Zoning Administrator, November 26, 2025
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clearance, then this modification would encroach into the resident’s existing
bedroom. Additionally, relocating the interior walls to the east would encroach into
the required 5-foot side yard setback. These encroachments are contrary to the
purpose of the project, would be costly to alter, and also create a structural
nonconformity (if wall were moved to the east). Additionally, the intent of the project
is to provide for more living area for the residents. Therefore, a redesign to reduce
the size of the addition to 212 square feet and extending the garage walls
significantly impact the objectives of the project and would not provide similar
benefits to the applicant.
ENVIRONMENTAL REVIEW
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, Division 6, Chapter 3 because it has no potential to have a
significant effect on the environment.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of the action. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
____________________________
Laura Rodriguez, Assistant Planner
DL/lr
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Project Justification Letter
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2025-###
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.
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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
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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.
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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.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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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 two 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
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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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Modification Permit
PA2025-0137
1977 Seabourne Way
Subject Property
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Attachment No. ZA 3
Applicant’s Project Justification Letter
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Attachment No. ZA 4
Project Plans
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