HomeMy WebLinkAboutZA2020-015 - APPROVING MODIFICATION PERMIT NO. MD2019-006 TO ALLOW A NEW RESIDENTIAL GARAGE TO DEVIATE ONE FOOT FROM MINIMUM REQUIRED DEPTH OF 19 FEET LOCATED AT 107 32ndRESOLUTION NO. ZA2020-015
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
MODIFICATION PERMIT NO. MD2019-006 TO ALLOW A NEW
RESIDENTIAL GARAGE TO DEVIATE ONE FOOT FROM
MINIMUM REQUIRED DEPTH OF 19 FEET LOCATED AT 107 32nd
STREET (PA2019-175)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Phil Nielsen with respect to property located at 107 32nd Street,
and described as APN 423 343 08 requesting approval of a Modification Permit.
2. The applicant proposes a Modification Permit to allow a new two-car garage to deviate
from the minimum interior depth of 19 feet. The garage is proposed as part of the
demolition and reconstruction of a new single-family residence of approximately 1,745
square feet. The applicant is proposing a garage depth of 18 feet, resulting in a 1-foot
deviation from the standard. The Modification Permit is requested due to the site’s
orientation to the alley and the width of the lot. The project complies with all other
development standards and no additional deviations are requested.
3. The subject property is designated RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-E (Two-Unit Residential – 30.0-39.9 DU/AC) and it is located within the R-
2 (Two-Unit Residential) Coastal Zone District.
5. A Coastal Development Permit is not required for the project. The site is located within the
Categorical Exclusion Order (CEO) area, which allows new single-family residences to be
excluded if they comply with specific criteria such as the minimum number of parking
spaces. There are no requirements related to the size of parking spaces identified in the
Special Conditions of Categorical Exclusion Order Amendment CE-5-NPB-16-1-A1.
Additionally, a modification to Local Coastal Program Implementation Plan (IP) standards
(pursuant to Section 21.52.090 – Relief From Implementation Plan Development
Standards) is not required to modify the parking dimension standards because the IP does
not include standards related to the size of parking spaces, only the number of spaces.
The project will provide the required two parking spaces for single-family development
under 4,000 square feet.
6. A public hearing was held on February 13, 2020 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
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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. Class 3 exempts the demolition and construction of up to three single-family residences
and additions of up to 10,000 square feet to existing structures. The proposed project
consists of the demolition of a single-family residence and construction of a new 1,745-
square-foot, single-family residence with two-car garage.
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 existing development on the property is a single-family residence. Therefore, there
is no change to the density as a result of the proposed demolition and construction of a
new single-family residence.
2. The majority of single-family and two-unit developments in the vicinity provide access to
their garage or carport via the alley, consistent with the proposed project.
3. The proposed project would replace an existing non-conforming residence with a new
residence that meets all required development standards with the exception of the
required 19-foot depth for garages. The existing residence was constructed in the early
1900s, and no off-street parking was provided on the site. Under proposed conditions,
vehicles will be able to park in the proposed garage as well as the new open parking
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space, thereby removing vehicles from the street while maintaining existing street
parking for visitors and the public.
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 Zoning Code requires that new single-family residences include a two-car garage
that is a minimum of 17 feet 6 inches in width (on a 25-foot wide lot) and 19 feet deep.
The side yard of the subject lot abuts the West Ocean Front Alley, which is where
access to the site must be taken per Council Policy L-2 (Driveway Approaches). The
total depth of the site as measured from the alley property line to the side (interior)
property line is only 25 feet. Further, the side setback requirement is 3 feet for each
side. Therefore, the buildable depth of the lot is only 19 feet (25 feet minus 6 feet of
setbacks). Garage walls are typically 6 inches thick, further reducing the interior clear
depth to 18 feet. Therefore, because the lot is only 25 feet wide and vehicle access is
from the side yard, a 19-foot garage depth is not physically possible.
2. The granting of the Modification Permit is necessary to allow the construction of a new
single-family residence that meets all other development standards. Additionally, the
reduction in depth is negligible in that it would still allow two vehicles to park inside. The
design also includes a voluntary third car spac e that is uncovered in the rear, which
meets the minimum depth and width requirements of 19 feet by 10 feet.
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 Zon ing Code.
Fact in Support of Finding:
1. The proposed single-family residence could not be legally constructed without the
requested modification permit to reduce the depth , or a variance to allow the required
garage to encroach into the side setbacks. Thus, strict application of the Zoning Code
would prohibit a new residence from being constructed. The purpose and intent of
Zoning Code Chapter 20.40 (Off-Street Parking) is to provide sufficient off-street parking
to serve on-site land uses, which in this case is the new single-family residence. The
proposed project provides three off-street parking spaces to serve the residential use
whereas the existing structure provides none.
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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. Increasing the depth of the garage to 19 feet would require the building to encroach 6
inches into the required side setback of 3 feet. Review and approval of a variance would
be required to allow this deviation. Furthermore, relief from the IP setback development
standards would also be required to implement this alternative. The deviation to the
setback requirement may impact the privacy of surrounding residents or reduce
maneuverability of the alley.
2. The design could be modified to allow access via 32nd Street instead of the alley.
However, this would conflict with Council Policy L-2 (Driveway Approaches), which limits
the number of curb cuts in order to reduce the points of traffic conflict and prohibits the
creation of new curb cuts for residential developments where there is alley access
available. Furthermore, a new curb cut and driveway approach along 32nd Street would
not be consistent with the pattern of development in the area as there are no driveways
located along this section of 32nd Street.
3. The applicant could construct a two-car carport in lieu of a garage, which would require
a modification permit to allow relief to the type of required parking. Relief to IP
development standards with a coastal development permit would also be required to
implement this alternative. Carport walls would still likely obstruct the required 19-foot
clear dimensions, without providing the benefit of a garage. Further, because the
carports are not included in the gross square footage allowed for the property, the
square footage devoted to the garage could be replaced on the second or third floors,
which would increase the bulk and mass of the structure.
4. Instead of constructing a new residence, the applicant could remodel the existing
building and add less than 10 percent to the existing structure without providing
additional parking. In order to add more than 10 percent to the existing building, a
Modification Permit would still be required. These alternatives would result in almost
complete reconstruction of the home due to the age of structure and not meet the
objectives of the applicant. Neither of these solutions provides off-street parking, nor do
they provide similar benefits to the applicant. Any other existing legal nonconformities,
such as setback encroachments into the side and rear yard, would remain.
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 proposed deviation for the two-car garage, would not impact light, air, and privacy
of surrounding neighbors. The new single-family residence will be consistent in scale
with other dwellings in the neighborhood.
2. The proposed project would comply with all other development standards such as
height, setbacks, and maximum floor area.
3. The proposed project maintains 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 included
a condition 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 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 Modification
Permit No. MD2019-006 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 Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF FEBRUARY 2020.
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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. A third parking space measuring a minimum of 10 feet in width and 19 feet in length
shall be maintained free and clear of any obstructions within the rear yard setback as
depicted on the floor plan.
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. Modification Permit No. MD2019-006 shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal
Code, unless an extension is otherwise granted.
6. 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.
7. 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.
8. 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.
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 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 .
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Noise-generating construction activities are not allowed on Saturdays, Sundays or
Holidays.
11. 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 Hwang Residence including, but not limited to, Modification Permit No.
MD2019-006 (PA2019-175). 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
12. The applicant is required to obtain all applicable permits from the City’s Building Division.
The construction plans must comply with the most recent, City-adopted version of the
California Building Code.