HomeMy WebLinkAboutZA2018-137 - MODIFICATION PERMIT ADDITION GREATER THAN 10 PERCENT -20262 ORCHIDRESOLUTION NO. ZA2018-137
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2018-007 FOR AN ADDITION GREATER THAN
10 PERCENT WITH A NON -CONFORMING GARAGE LOCATED
AT 20262 ORCHID (PA2018-217)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mike Chen, with respect to property located at 20262 Orchid
Street, and legally described as Lot 31 of Tract No. 1500, requesting approval of a
modification permit.
2. The applicant requests a modification permit to allow an approximately 32 percent addition
to an existing single-family residence with nonconforming parking dimensions. Zoning
Code limits additions to 10 percent of the existing gross floor area when the required
parking dimensions are not provided. The nonconforming garage provides an interior width
of 19 feet 6 inches and a depth of 21 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 SP -7 Santa Ana Heights Specific
Plan (Residential Single -Family) 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
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.
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 448 square foot addition to an existing single-family residence in
a developed neighborhood and is not within an environmentally sensitive area.
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
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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:
The addition would increase the dwelling by 489 square feet for a new master bedroom
and bathroom. The proposed addition will comply with all applicable development
standards, including height and setbacks. The proposed addition will not intensify the
nonconforming parking.
2. Development along Orchid Street consists of single -story and two-story single-family
residences. The existing 1,528 -square -foot single-family residence consists of a single -
story and was constructed in 1952. The proposed 489 -square -foot master bedroom
addition is single -story. The areas of addition will not exceed the height of the existing
roof and is consistent with the design and height of other properties in 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:
The interior dimensions of the existing two -car garage were compliant with the County
of Orange standards at the time of construction. The area was annexed in 2003 and,
at the time of annexation, the existing garage was compliant with the Newport Beach
Zoning Code. As a result of the amendments to the Zoning Code in 2010, the two -car
garage is now substandard in size, and is therefore legal nonconforming.
2. Modifying the garage walls, which are not within the area of the proposed construction,
would be costly and significantly increase the scope of the project in order to gain 6
inches of garage width of garage depth.
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3. 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
(2) vehicles. Additionally, the driveway in front of the garage allows for up to two (2)
open parking spaces on-site.
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:
The proposed addition is to accommodate the construction of a new master bedroom
and bathroom located at the rear of the residence and does not result in the need to
modify the garage located at the front of the residence. Increasing the width and depth
of the garage to satisfy current parking requirements would require major structural
alterations and result in a significant increase in the scope of work. Increasing the width
of the garage six inches into the side setback of five feet is not feasible without review
and approval of a variance.
2. The existing garage provides two useable garage spaces that are 6 inches less than the
required width, therefore fulfilling the intent of the Zoning Code by providing adequate
parking onsite. 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 Findinq:
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 small addition. Expanding the garage
width six inches would require significant alterations to the structure well beyond the
scope of the planned addition. Expanding the width of the garage into the side setback
is not feasible without review and approval of a variance.
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.. Given the intent of the project is to provide a
new master bedroom and bathroom to a two-bedroom residence, a redesign to reduce
the size of the addition to 152 square feet will significantly impact the objectives of the
project and would not provide similar benefits to the applicant.
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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:
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 (including garage) is only 2,017
square feet where SP -7 identifies no maximum square footage.
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:
The Zoning Administrator of the City of Newport Beach hereby approves MD2018-007,
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.
PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF DECEMBER, 2018.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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 (19 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, unless
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
Modification 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 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 issuance 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
approval of Casabonne Residence including, but not limited to, MD2018-007 (PA2018-
217). 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
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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.
Buildina Division Conditions
10. 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
11. The existing driveway shall be reconstructed per City Standard STD -164-L.
12. The damaged curb and gutter along the Orchid Street frontage shall be reconstructed.
Provide rolled curb to match existing.
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