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HomeMy WebLinkAboutZA2026-013 - APPROVING A MODIFICATION PERMIT FOR AN ADDITION GREATER THAN 10% TO AN EXISTING SINGLE-UNIT DWELLING WITH A LEGAL NONCONFORMING GARAGE LOCATED AT 2612 CIRCLE DRIVE (PA2025-0205)Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL March 12, 2026 Jeffrey Benson 234 Broadway Costa Mesa, CA 92627 jb@bdandarch.com Subject: PA2025-0205 2612 Circle Drive Manson Residence Modification Permit Dear Jeffery Benson, 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 March 12, 2026 and effective on March 27, 2026. 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, Oscar Orozco, Associate Planner RESOLUTION NO. ZA2026-013 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MODIFICATION PERMIT FOR AN ADDITION GREATER THAN 10% TO AN EXISTING SINGLE-UNIT DWELLING WITH A LEGAL NONCONFORMING GARAGE LOCATED AT 2612 CIRCLE DRIVE (PA2025-0205) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Benson Design and Architecture (Applicant), with respect to the property located at 2612 Circle Drive and legally described as Lot 20 of Tract No. 1102 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 within a 10-year period. The existing single-unit dwelling consists of 3,790 square feet and 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 within a 10-year period when a residence has nonconforming parking. The proposed addition includes 235 square feet (6.8% addition), and in 2019 an addition was approved for 340 square feet, resulting in a total addition of approximately 16.6% within a 10-year period. 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 R-1 (Single-Unit Residential) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is RSD-B (Single Unit Residential Detached – 6.0 – 9.9 DU/AC) and it is located within the R-1 (Single-Unit Residential) Coastal Zoning District. 5. The subject property is located within the coastal zone; however, a coastal development permit is not required because the project addition is less than 10% of the existing gross floor area. 6. A public hearing was held on March 12, 2026, 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. Zoning Administrator Resolution No. ZA2026-013 Page 2 of 7 01-25-19 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 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 235-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 3,790 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 proposed 235-square-foot addition is intended to accommodate the construction of an expanded garage and a golf cart garage with storage on the first floor. The golf car garage/storage room is intended to store mechanical equipment, bicycles and a golf cart. The addition is located on the first floor of a two-story structure 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 interior dimensions of the two-car garage measure 18 feet wide by 19 feet, 3 inches deep. These interior clear dimensions were approved with the original construction of the dwelling in 1960 and compliant with the standards at that time. As a Zoning Administrator Resolution No. ZA2026-013 Page 3 of 7 01-25-19 result of amendments to the Newport Beach Municipal Code (NBMC) in subsequent years, the garage is now substandard in size. The current requirement for the subject property is 20 feet wide by 20 feet deep. 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. 3. The proposed project does not require modification to the existing garage side walls. Modifying the garage side 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 walls 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 exterior wall on the west side of the garage is located 1 foot from the required side setback. The current development standards would require the garage wall be moved 2 feet, 4 inches, to achieve the Code-required 20-foot width. This would place the garage wall within the required 3-foot side yard setback, which would not be permitted by the NBMC without a variance. Revising the location of that existing garage sidewall 1 foot closer towards the setback line would only increase the interior width of the garage by approximately 8 inches making the garage interior width a total of 18 feet, 8 inches, and still non-conforming. In addition, the Bayshore’s Community Association requires a 4 - foot side yard setback for the property. Therefore, this option is not feasible. 2. On the other side, the eastern wall of the garage would have to be moved a total of 2 feet, 4 inches to meet the minimum required 20-feet clear interior garage width. This would shrink the narrow dimension of the existing den from 12 feet wide, down to 9 feet, 8 inches wide. Such a reduction in width would reduce the functionality of this room. This would also require reframing the garage walls, which would add significant scope and cost to the project. Lastly, the entire side walls of the garage and den could be Zoning Administrator Resolution No. ZA2026-013 Page 4 of 7 01-25-19 shifted 1-foot to the side. However, the garage would still not meet the minimum width and this option would expand the scope and cost far beyond the current proposal. 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. 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). Given the intent of the project is to provide for more garage space for the residents and to improve the existing nonconformity of the garage, a redesign to reduce the size of the addition to 5 square feet will significantly impact the objectives of the project and would not provide sim ilar benefits to the applicant. 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 three-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. Zoning Administrator Resolution No. ZA2026-013 Page 5 of 7 01-25-19 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 PA2025-0205, 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 Title 20 Planning and Zoning of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF MARCH, 2026. Zoning Administrator Resolution No. ZA2026-013 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 two-car garage shall be permanently available and maintained for parking purposes. The interior clear dimensions (18 feet wide by 20 feet deep minimum) shall be kept clear of obstructions including cabinets, shelving, equipment, or similar features/items 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 a.m. and 6:30 p.m., Monday Zoning Administrator Resolution No. ZA2026-013 Page 7 of 7 01-25-19 through Friday. Noise-generating construction activities are not allowed on Saturdays, 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 Manson Residence including, but not limited to Modification Permit filed as PA2025-0205. 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. Public Works Department 13. The Project shall not include any encroachment within the limits of the Public Utility Easement located at the rear of the property.