HomeMy WebLinkAboutZA2023-057 - APPROVING A MODIFICATION PERMIT FOR AN ADDITION GREATER THAN 10 PERCENT TO A SINGLE-UNIT DWELLING WITH A LEGAL NONCONFORMING GARAGE LOCATED AT 306 ST. ANDREWS ROAD (PA2022-0318)RESOLUTION NO. ZA2023-057
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A
MODIFICATION PERMIT FOR AN ADDITION GREATER THAN 10
PERCENT TO A SINGLE-UNIT DWELLING WITH A LEGAL
NONCONFORMING GARAGE LOCATED AT 306 ST. ANDREWS
ROAD (PA2022-0318)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Allison and Kathleen Ensley (“Applicants”), with respect
to property located at 306 St. Andrews Road, and legally described as Lot 44 of Tract No.
1220 requesting approval of a modification permit.
2. The Applicants propose the remodel and addition to an existing single-unit dwelling 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 18 feet, 2 inches, 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 852 square feet and results in a total of 3,180 square feet for the residence (including
the garage).
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 not located within the coastal zone; therefore, a coastal
development permit is not required.
5. A public hearing was held on August 24, 2023, 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.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 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 the construction of one (1) single-unit dwelling in a residential
zone. The proposed project is an 852-square-foot addition to an existing single-unit
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dwelling 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 2,328 square-foot, single-unit dwelling with an attached
two (2)-car garage. The neighborhood is comprised of one (1)-story and two (2)-story
single-unit and two (2)-unit dwellings. The modification permit will allow expansion of the
existing two (2)-story, single-unit dwelling, which is compatible with other properties in
the neighborhood.
2. The addition would provide more living area for the family by increasing the size of the
dwelling unit by 852 square feet. The addition is two (2) stories 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 early 1950s and complied with development
standards, including parking requirements, 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) (Nonconforming Uses and Structures – Determination
of Nonconformity) 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 subject property is considered legal nonconforming due to the substandard
interior garage dimensions.
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3. The garage is covered by a gambrel roof over the second story 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 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
(2) 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 of the garage is located one (1) foot, one (1) inch from the required
side setback. The current development standards would require the garage wall be
moved one (1) foot and 10 inches to achieve the Code-required 20-foot width. This
would place the garage wall within the required four (4)-foot side yard setback, which is
not allowed by the Zoning Code.
2. Relocating the interior garage wall one (1) foot and 10 inches south to achieve the 20-
foot clear dimension for width, would encroach into the dining area of the dwelling space
and is contrary to the purpose of the proposed addition. This would also require
reframing the garage walls, which would add significant scope and cost to the project.
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 additional living area, including a new laundry
room, a larger kitchen, and a new family room. A redesign to reduce the size of the
addition to 232.8 square feet will significantly impact the objectives of the project and
would not provide similar benefits to the Applicants.
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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:
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 project maintains more than the minimum three (3)-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.
4. In addition to the two (2)-car garage, the property includes a driveway adequate in size
to accommodate parking for two (2) additional vehicles on-site, minimizing demand for
on-street parking.
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 PA2022-0318, 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.
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PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF AUGUST, 2023.
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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. Each parking space within the garage shall be permanently available and maintained
for parking purposes. The interior clear dimensions (18 feet, 2 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.
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 (Loud and Unreasonable
Noise - Construction Activity – Noise Regulations) of the NBMC, which restricts hours
of noise-generating construction activities that produce noise to between the hours of 7
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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 Allison Residence Addition including, but not limited to Modification Permit
No. PA2022-0318. 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