HomeMy WebLinkAbout04_Price Residence Modification Permit_PA2018-160
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 13, 2018
Agenda Item No. 4
SUBJECT: Price Residence (PA2018-160)
Modification Permit No. MD2018-005
SITE LOCATION: 3117 Clay Street
APPLICANT: Cory Price
OWNER: Cory Price
PLANNER: Liz Westmoreland, Assistant Planner
949- 644-3234, lwestmoreland@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
General Plan: RS-D (Single-Unit Residential Detached)
Zoning District : R-1 (Single-Unit Residential)
PROJECT SUMMARY
The applicant requests a modification permit to allow an approximately 23 percent
addition to an existing single-family residence with nonconforming parking dimensions.
The Zoning Code limits additions to 10 percent of the existing gross floor area within a
10-year period when the required parking dimensions are not provided. Th e
nonconforming garage provides an interior width of 17 feet 6 inches and a depth of 20
feet 3 inches where a minimum 20-foot by 20-foot interior dimension is required.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, 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.
MD2018-005 (Attachment No. ZA 1).
DISCUSSION
The interior dimensions of the existing two -car garage were compliant with the
Newport Beach Zoning Code at the time of construction in 1937. As a result of
amendments to the Zoning Code in 2010, where the required clear interior garage
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Price Residence (PA2018-160)
Zoning Administrator, December 13, 2018
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width was modified from 17 feet 6 inches to 20 feet, the two -car garage is now
substandard in size and is considered legal nonconforming. The two -car garage
complies with the minimum 20-foot depth.
The proposed parking configuration will accommodate two vehicles on -site within
an existing two-car garage. No construction or alterations are proposed for the
garage and the garage will remain open and available. Therefore, demand for on-
street parking in the neighborhood will not increase.
The Zoning Code limits additions to 10 percent of the existing gross floor area
within a 10-year period when the required parking dimensions are not provided. A
building permit for an addition of approximately 130 square feet to the residence
was approved in 2015 to provide a laundry room at the rear of the site. This
resulted in an approximately 7 percent increase at the time. The applicant is now
proposing a 300-square-foot addition to accommodate a new bedroom and
bathroom. This results in an approximately 23 percent addition to the existing
residence within a 10-year period.
The neighborhood is comprised of predominately one -story and two-story single-
family dwellings. The Modification Permit will allow a 300 square-foot addition to
the existing 2,007-square-foot, single-family residence, resulting in a total floor
area of approximately 2,307 square foot (including a 387 square foot garage). The
resulting size of the residence is equal or less than the bulk and scale of other
single-unit dwellings within the neighborhood.
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.
The addition will accommodate the construction of a new bedroom and bathroom
and result in the expansion of the residence towards Clay Street, compliant with
all applicable developments standards, including height, setbacks, and floor area.
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 .
Increasing the width of the existing detached garage 2.5-feet into the rear (interior)
10-foot setback on one side of the garage is not feasible without review and
approval of a variance. Relocating the garage wall adjacent to the existing house
would result in substantial structural improvements and significant upgrades to
meet building code separation requirements for increased fire protection because
there is less than six feet between structures (garage and main house).
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Price Residence (PA2018-160)
Zoning Administrator, December 13, 2018
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An additional alternative is to reduce the size of the addition to not more than 10
percent of the existing floor area of the structure as authorized under Section
20.38.060 (Nonconforming Parking), Subsection A . Due to the previous 130-
square-foot addition to the residence approved in 2015 (7 percent increase), the
remainder of the 10 percent addition allowance (for the 10-year period) would
result in an addition of less than 56 square feet (3 percent). This limitation would
preclude the project and not meet the objectives of the applicant.
ENVIRONMENTAL REVIEW
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, 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 action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
______________________________
Liz Westmoreland, Assistant Planner
JM/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
3
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2018-005 FOR AN ADDITION GREATER THAN
10 PERCENT WITH A NON-CONFORMING GARAGE LOCATED
AT 3117 CLAY STREET (PA2018-160)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Cory Price, with respect to property located at 3117 Clay Street,
and described as Assessor’s Parcel Number 425-091-14 requesting approval of a
modification permit.
2. The applicant requests a modification permit to allow an approximately 23 percent addition
to an existing single-family residence with nonconforming parking dimensions. The Zoning
Code limits additions to 10 percent of the existing gross floor area within a 10-year period
when the required parking dimensions are not provided. The nonconforming garage
provides an interior width of 17 feet 6 inches and a depth of 20 feet 3 inches where a
minimum 20-foot by 20-foot interior dimension is required.
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 subject property is not located within the coastal zone.
5. A public hearing was held on December 13, 2018 in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. 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
Section15303 under Class 3 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential to have a significant effect on the environment.
2. This exemption includes additions up to 10,000 square feet where public services and
utilities are available and the area is not considered environmentally sensitive. The
proposed project is a 300 square foot addition to an existing single-family residence in
a developed neighborhood and is not within an environmentally sensitive area.
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Zoning Administrator Resolution No. ZA2018-###
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08-10-18
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.
In accordance with Section 20.52.050.E (Modification Permits – Required Findings) of the
Newport Beach Municipal Code, 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 proposed parking configuration will accommodate two vehicles on-site within an
existing two-car garage. No construction or alterations are proposed for the garage and
the garage will remain open and available. Therefore, demand for on -street parking in
the neighborhood will not increase.
2. The neighborhood is comprised of predominately one-story and two-story single-family
dwellings. The Modification Permit will allow a 300 square-foot addition to the existing
2,007-square-foot, single-family residence, resulting in a total floor area of
approximately 2,307 square foot (including a 387-square-foot garage). The resulting
size of the residence is equal or less than the bulk and scale of other single -unit
dwellings within the neighborhood.
3. The existing development on the property is a single-family residence. Therefore, there
is no change to the density 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 proposed addition will not alter the two existing nonconforming parking spaces.
2. The interior dimensions of the existing two-car garage were compliant with the Newport
Beach Zoning Code at the time of construction in 1937. As a result of amendments to
the Zoning Code in 2010 where the required clear interior garage width was modified
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Zoning Administrator Resolution No. ZA2018-###
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08-10-18
from 17 feet 6 inches to 20 feet, the two-car garage is now substandard in size and is
considered legal nonconforming. The two-car garage complies with the minimum 20-
foot depth.
3. The granting of the Modification Permit is necessary to allow a reasonable ad dition 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 addition will accommodate the construction of a new bedroom and bathroom and
result in the expansion of the residence towards Clay Street, compliant with all
applicable developments standards, including height, setbacks, and floor area.
However, increasing the width of the existing detached garage 2.5-feet into the rear
(interior) 10-foot setback on one side of the garage is not feasible without review and
approval of a variance. Relocating the garage wall adjacent to the existing house would
result in substantial structural improvements and significant upgrades to meet building
code separation requirements for increased fire protection because there is less than
six feet between structures (garage and main house).
2. The existing garage is two feet and six inches less than the currently required width;
however, the garage still provides two useable parking spaces fulfilling the intent of the
Zoning Code by providing adequate onsite parking. Approval of the Modification Permit
allows the applicant to continue using the existing two-car garage, which has not proven
detrimental to the occupants or neighbors of the dwelling.
Finding:
D. There are no alternatives to the modification permit that could provide similar benefits
to the applicant 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. Expanding the width of the
garage into the rear setback is not feasible without review and approval of a variance.
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Zoning Administrator Resolution No. ZA2018-###
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08-10-18
2. An additional alternative is to reduce the size of the addition to not more than 10 percent
of the existing floor area of the structure as authorized under Section 20.38.060
(Nonconforming Parking), Subsection A. Due to a previous 130-square-foot addition to
the residence approved in 2015 (7 percent increase), the remainder of the 10 percent
addition allowance (for the 10-year period) would result in an addition of less than 56
square feet (3 percent). This limitation would preclude the project and not meet the
objectives of the applicant.
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 one-story addition would maintain all required setbacks 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 addition will result in a total floor area that is less than the maximum
allowed by Zoning Code, as the proposed structure is only one-story and the subject lot
may build up to two times the buildable area.
3. The proposed 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).
4. 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. The Building Division has reviewed the proposed project and added
conditions of approval for demonstration of project compliance with Building Codes.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves MD2018-005,
subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated
by reference.
2. 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 Newport Beach Municipal Code .
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PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF DECEMBER, 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
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Zoning Administrator Resolution No. ZA2018-###
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EXHIBIT “A”
CONDITIONS OF APPROVAL
PLANNING
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. Each parking space within the garage shall be permanently available and maintained
for parking purposes. The interior clear dimensions (17 feet, 6 inches wide by minimum
20 feet deep) shall be kept clear of obstructions including cabinets, shelving, or similar
that may impact the ability to adequately park two vehicles.
3. The project is subject to all applicable City ordinances, policies, and standards, unles s
specifically waived or modified by the conditions of approval.
4. 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 Use
Permit.
5. Demolition beyond the approved scope of work requires planning division approval prior
to commencement of work. Approval of revisions to project plans are not guaranteed. Any
changes in the current scope of work may require the entire garage structure to be
demolished and redeveloped in conformance with the current Zoning Code Development
Standards.
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 issuan ce of the
building permits.
7. 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.
8. 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.
9. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
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
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Zoning Administrator Resolution No. ZA2018-###
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08-10-18
approval of Price Residence including, but not limited to, MD2018-005 (PA2018-160). 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 Conditions
10. Roof geometry of the proposed project shall be approved by the Building Division.
Revisions to the existing roof design may be required.
11. The applicant shall comply with all sections of the California Building Code. If the value of
the work exceeds thresholds identified by the Building Division, the project may be
considered a substantial improvement and significant upgrades may be required.
12. 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. The construction plans must meet all
applicable State Disabilities Access requirements.
Public Works Conditions
13. The applicant shall install a new sewer clean out on the existing sewer lateral per City
Standard STD-406-L.
14. The applicant shall apply for and obtain an encroachment permit and encroachment
agreement for the decorative driveway and carriage walk.
11
Attachment No. ZA 2
Vicinity Map
12
VICINITY MAP
Modification Permit No. MD2018-005
PA2018-160
3117 Clay Street
Subject Property
13
Attachment No. ZA 3
Project Plans
14
21.4 6.8 8.4
5.8
8.1
LOT
20.0
SETBACK
5.1
FOUNDATION10.5
FOUNDATION
4.4
FOUNDATION
6.7
FOUNDATION
107.0
LOT
10.0
SETBACK
4.0
SETBACK
4.0
SETBACK
135.3
LOT
167.5
LOT
14.2
14.8
15.2
19.812.2
14.7
18.1
17.6
5.0
11.07.5
6.2
20.914.7
10.4
4.0
16.45.0
17.5
20.3
11.97.7
5.3
7.5
ABANDONED
ALLEY
20.0
EASEMENT
7.5
EASEMENT
4.0
EASEMENT
3.0
PROPERTY LINE
3.0
PROPERTY LINE KITCHEN
LIVING
ROOM
DINING
ROOM
BEDROOM
GARAGE
BEDROOM
SUN ROOM
LAUNDRY
BATH ROOM
BATH ROOM
EXSISTING GARAGE SUARE FOOTAGE: 382
EXSISTING HOUSE SQUARE FOOTAGE: 1480
INCLUDING SUN ROOM AND BATH: 1625
EXSISTING FRONT PORCH SQUARE FOOTAGE: 49
3117 CLAY STREETNEWPORT BEACH, CA 92663CORY PRICE331.425.9991cprice@paradigmdn.com
OPEN PORCH
OPEN
PORCH
1' TALL
PORCH WALL
CURRENT PLAN
15
2.5
167.5
LOT
6.7
FOUNDATION
4.4
FOUNDATION
4.0
SETBACK
10.0
SETBACK
107.0LOT
7.5
ABANDONED
ALLEY
4.0
EASEMENT
20.0
EASEMENT
10.5
FOUNDATION
7.5
EASEMENT
135.3 LOT
5.1
FOUNDATION
4.0
SETBACK
20.0
SETBACK 8.1 LOT
16.9
7.6
5.0
16.4
17.5
20.3
5.3
7.7 11.9
17.6
14.2
3.5 7.9 10.4
14.7
12.2
19.8
20.9
15.2
4.0
6.8
14.2
14.8
11.0
10.4
5.7
7.4
7.1
10.2
5.0
3.5
3.0
PROPERTY LINE
3.0
PROPERTY LINE KITCHEN
LIVING
ROOM
DINING
ROOM
BEDROOM
GARAGE
BEDROOM
SUN ROOM
LAUNDRY
BATH ROOM
EXSISTING GARAGE SUARE FOOTAGE: 382
EXSISTING HOUSE SQUARE FOOTAGE: 1480
INCLUDING SUN ROOM AND BATH: 1625
PROPOSED ADDED SQUARE FOOTAGE: 300
NEW TOTAL HOUSE SQUARE FOOTAGE: 1925
EXSISTING FRONT PORCH SQUARE FOOTAGE: 49
PROPOSED ADDED FRONT PORCH SQUARE FOOTAGE: 79
NEW TOTAL FRONT PORCH SQUARE FOOTAGE: 128
BEDROOM
BATH
BATH
CLOTHSET
CLOTHSET
3117 CLAY STREETNEWPORT BEACH, CA 92663CORY PRICE331.425.9991cprice@paradigmdn.com
OPEN PORCH
1.3 TALL
PORCH WALL
OPEN
PORCH
NEW PLAN
SCALE: 1/4" = 1'
16
107.0
LOT
167.5
LOT
4.4
FOUNDATION
6.7
FOUNDATION
10.5
FOUNDATION
11.9 CURB
5.1
FOUNDATION
2.5
2.5
10.0
SETBACK
4.0
SETBACK
4.0 SETBACK
5.5
5.011.0
11.5
20.0
SETBACK
8.1 LOT
45.8
FOUNDATION20.0
EASEMENT
7.5
EASEMENT
135.3 LOT
4.0
EASEMENT
4.0
ABANDONED
ALLEY
18.2
30.0
30.0
CLAY STREET WESTMINSTER STREETSEWER
CLEANOUT
EXPOSED
AGGREGATE
BRUSHED
CEMENT
DECORATIVE
WALK
CURRENT PLAN
17
107.0
LOT
167.5
LOT
4.4
FOUNDATION
6.7
FOUNDATION
10.5
FOUNDATION
135.3 LOT
8.1 LOT
45.8
FOUNDATION
5.1FOUNDATION
4.0 SETBACK
10.0
SETBACK
2.5
11.9 CURB
7.5
ABANDONED
ALLEY
4.0
EASEMENT
20.0
EASEMENT
7.5
EASEMENT
2.5
18.2
5.5
6.0
17.0
30.0
30.0
CLAY STREET WESTMINSTER STREETNEW ROOFNEW ROOFSEWER
CLEANOUT
DECORATIVE
WALKBRUSHED
CEMENT
EXPOSED
AGGREGATE
RIDGE
Ridge
VALLEY
VALLEY
VALLEY
NEW PLAN
SCALE: 3/16" = 1'
18
13.2 13.113.9
FRONT VIEW
(CLAY STREET)
CURRENT PLAN
13.4 13.0
SIDE VIEW
(WESTMINSTER STREET)
19
13.2 13.1
16.0
1.3
PORCH WALL
FRONT VIEW
(CLAY STREET)
13.0
16.0
SIDE VIEW
(WESTMINSTER STREET)
NEW PLAN
SCALE: 3/8" = 1'
20