HomeMy WebLinkAbout02_English Residence Addition Modification Permit_PA2020-015CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 11, 2020
Agenda Item No. 2
SUBJECT: English Residence Addition (PA2020-015)
Modification No. MD2020-002
SITE LOCATION: 1731 Centella Place
APPLICANTS/OWNERS: Jeff and Haley English
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez@newportbeachca.gov
LAND USE AND ZONING
x General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
x Zoning District: R-1-10000 (Single-Unit Residential)
PROJECT SUMMARY
A request for a modification permit to allow an addition to an existing single-family
residence with a garage that is considered legal nonconforming due to its interior
dimensions. The existing garage provides the minimum required depth of 20 feet;
however, the existing width is substandard at 17 feet, whereas the requirement is 20 feet.
The Modification Permit is necessary because the applicant proposes to add more than
10 percent of the existing square footage without altering the garage for compliance. The
proposed addition is 690 square feet and results in a total of 2,338 square feet for the
residence (including the 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.
MD2020-002 (Attachment No. ZA 1).
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DISCUSSION
x The subject property is zoned R-1-10,000, which allows for detached single-family
residential dwelling units on substantial lots with large setback areas. While there
is no limitation on floor area for this zoning designation, development is limited by
a maximum lot area coverage of 60 percent.
x The property is developed with a 1,648-square-foot, single-family residence
constructed in 1958. The existing residence is single story with an attached
garage. The existing lot area coverage is 21.5 percent.
x The existing interior garage dimensions measure 17 feet wide by 20 feet deep.
These dimensions were compliant with the standards at the time of construction.
As a result of amendments to the Newport Beach Municipal Code (NBMC) in
subsequent years, the two-car garage is now substandard in size. The current
requirement is 20 feet wide by 20 feet deep.
x NBMC Subsection 20.38.030(C) 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.
x NBMC Subsection 20.38.060(A)(2) limits additions to residential structures with
nonconforming parking dimensions to 10 percent of the existing gross floor area
within any 10-year period. Larger additions may be permitted subject to the
approval of a modification permit. The applicant proposes leaving the garage
dimensions unchanged.
x Existing development along Centella Place consists of primarily single-story and
some two-story single-family residences. The proposed 690-square-foot addition
is single-story. The areas of addition will not exceed the height of the existing roof,
and the altered structure will remain consistent with the design and height of other
properties in the neighborhood.
x The addition will allow for additional living area, including a new laundry room,
additional bathroom, a larger kitchen, and a larger family room. The proposed
remodel and construction will comply with all applicable development standards,
including height, setbacks, and site coverage. The resulting home will consist of
four bedrooms and three bathrooms, and a total floor area of approximately 2,338
square feet (including a 421-square-foot garage). The proposed structure will have
a lot coverage of 32.9 percent and will not appear out of character with the bulk
and scale of other single-unit dwellings within the neighborhood.
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x The new laundry room will allow for unpermitted washer and dryer units to be
relocated out of the garage. All unpermitted cabinetry will be removed from the
front of the garage. The removal of these items will make the existing
nonconforming garage more functional and will restore it back to its permitted use.
x The garage is covered by a gabled roof that extends from the main ridge beam of
the house. Modifying the garage walls, which are not within the area of the
proposed construction, would require reframing the entire garage. Reframing the
garage would significantly increase the scope of the project and the cost while
providing negligible benefit.
x As demonstrated in the justification and photographs provided by the applicant
(Attachment No. ZA 3), the proposed parking configuration will continue to
accommodate the parking of two vehicles within the garage. Demand for on-street
parking in the neighborhood is not anticipated to increase as a result on the project.
x One alternative to this proposal is to reduce the size of the addition to not more
than 10 percent 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 living area for the family, a redesign to
reduce the size of the addition to 165 square feet will 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, Article 19 of Chapter 3 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. The Class 1
(Existing Facilities) exemption includes additions to existing structures up to 50 percent 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-family residence with
nonconforming parking and the construction of a 690 square foot addition.
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.
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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:
BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Project Justification
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
MODIFICATION PERMIT NO. MD2020-002 FOR AN ADDITION
GREATER THAN 10 PERCENT TO A SINGLE-FAMILY
DWELLING WITH A LEGAL NONCONFORMING GARAGE
LOCATED AT 1731 CENTELLA PLACE (PA2020-015)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jeff and Haley English (“Applicants”), with respect to property
located at 1731 Centella Place, and legally described as Lot 5 of Tract No. 3176 requesting
approval of a modification permit.
2. The Applicants propose the remodel of an existing single-family residence with a garage
that is considered legal nonconforming due to its interior dimensions and the construction
of a 690-square-foot addition. The existing garage provides the minimum required depth
of 20 feet; however, the existing width is substandard at 17 feet, whereas the requirement
is 20 feet. The Modification Permit is necessary because the Applicants propose to add
more than 10 percent of the existing square footage without altering the garage for
compliance. The proposed addition is 690 square feet and results in a total of 2,338 square
feet for the residence (including the garage).
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-1-10000 (Single-Unit
Residential) Zoning District.
4. The subject property is not located within the coastal zone; therefore, a coastal
development permit is not required.
5. A public hearing was held on June 11, 2020, in the Council Chambers 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 (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) 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.
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2. This exemption includes additions to existing structures up to 50 percent of the floor
area of the structure before the addition, or 2,500 square feet, whichever is less. The
proposed project is a 690 square foot addition to an existing single-family residence
within a developed neighborhood and is not within an environmentally sensitive area.
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 1,648-square-foot, single-family residence with attached
garage. The residence is located on a cul-de-sac and is abutted primarily by single family
residences.
2. The addition would provide more living area for the family by increasing the size of the
dwelling unit by 690 square feet. The addition is single story 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 structure was built in the late 1950s and complied with the standards at the
time of construction. Subsequent amendments to the standards have rendered the
interior clear dimensions of the existing two (2)-car garage to be substandard in size.
2. NBMC Subsection 20.38.030(C) 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.
3. The garage is covered by a gabled roof that extends from the main ridge beam of the
house. Modifying the garage walls, which are not within the area of the proposed
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construction, would require reframing the entire garage. Reframing the garage would
significantly increase the scope of the project and the cost.
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 of the garage is located within the required side setback area and the
current development standards do not allow for the exterior wall to be relocated there in
order to provide the Code-required width.
2. Relocating the interior garage wall 3 feet south into the dwelling space, to achieve the
20-foot clear dimension for width, would result in reduction of living space which is
contrary to the purpose of the proposed addition.
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. The intent of the project is to provide a new laundry room, additional bathroom, and
larger kitchen space. A redesign to reduce the size of the addition to 164 square feet
will significantly impact the objectives of the project and would not provide similar
benefits to the Applicants.
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 construction conforms to all applicable development standards, including
floor area limit, setbacks, height, 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 increase the total square footage of the residence (including
garage) to 2,338 square feet. While the R-1-10000 zoning designation does not identify
a limitation on square footage, it does limit development with a maximum lot area
coverage of 60 percent. The project will increase the total lot coverage from 21.5 percent
to 32.9 percent.
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 Applicants are
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 finds this project
is categorically exempt from the California Environmental Quality Act 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.
2.The Zoning Administrator of the City of Newport Beach hereby approves
Modification Permit No. MD2020-002, 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 11TH DAY OF JUNE, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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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. 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. Prior to the issuance of a building permit, the Applicants shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the
Modification Permit file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include architectural
sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall
accurately depict the elements approved by this Modification Permit and shall highlight
the approved elements such that they are readily discernible from other elements of the
plans.
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.
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10. Construction activities shall comply with Section 10.28.040 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 through Friday, and 8 a.m. and 6 p.m. on
Saturday. Noise-generating construction activities are not allowed on 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
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 English Residence Addition including, but not limited to Modification Permit No.
MD2020-002 (PA2020-015). 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 City's costs, attorneys'
fees, and damages which 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.
Building Division
13. The Applicants are 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.
14. Fire sprinklers will be required when the cost of the proposed
addition/alteration/reconstruction exceeds 50% of the replacement value of the existing
building.
Public Works Department
15. No improvements shall be installed within the limits of the 6-foot-wide utility easement
in the rear of the property.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Modification Permit No. MD2020-002
(PA2020-015)
1731 Centella Place
Subject Property
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Attachment No. ZA 3
Applicant’s Project Justification
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PA2020-015
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PA2020-015
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PA2020-015
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PA2020-015
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PA2020-015
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PA2020-015
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Attachment No. ZA 4
Project Plans
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