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HomeMy WebLinkAboutZA2024-016 - APPROVING A MODIFICATION PERMIT FOR AN ADDITION GREATER THAN 10 PERCENT WITH A NONCONFORMING GARAGE LOCATED AT 2616 CLAY STREET (PA2023-0216)RESOLUTION NO. ZA2024-016 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A MODIFICATION PERMIT FOR AN ADDITION GREATER THAN 10 PERCENT WITH A NONCONFORMING GARAGE LOCATED AT 2616 CLAY STREET (PA2023-0216) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Wayne Rizzo (Applicant), with respect to property located at 2616 Clay Street, and legally described as Lot 1 Block 35 of the First Addition to Newport Heights Tract, requesting approval of a modification permit. 2. The Applicant requests a modification permit to allow an approximately 40% addition to an existing 1,961 square foot single-family residence with nonconforming parking. Title 20 (Planning and Zoning) of the NBMC limits additions to 10% of the existing gross floor area when the required parking dimensions are not provided. The existing garage is considered non-conforming due to width, as one of the parking spaces in the garage has an interior clear dimension of approximately 9 feet, 3 ½ inches instead of the 10-foot width required. The other parking space within the garage complies with the NBMC. 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 March 14, 2024, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with Chapter 20.62 (Public Hearings) of 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 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 an 818 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 Zoning Administrator Resolution No. ZA2024-016 Page 2 of 7 08-10-18 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 addition would increase the floor area of the dwelling by 818 square feet and add a new bedroom, office, and bathroom on the second floor and a family room on the first floor. The proposed addition will not intensify the nonconforming parking. After the addition, the total interior living area would be 2,298 square feet. Therefore, a third parking space is not required pursuant to Section 20.40.040 (Off-street Parking Spaces Required.) of the NBMC because the total interior floor area remains well under 4,000 square feet. Furthermore, the existing non-conforming parking space is still usable for parking purposes, as it is only 8 ½ inches narrower than the minimum requirement. Therefore, the proposed addition would not create a demand for street parking in the area and would remain compatible with the neighborhood. 2. Development along Clay Street consists of single-story and two-story single-family residences. The existing 1,961-square-foot single-family residence consists of one-story and was constructed prior to 1990. The areas of addition will not exceed the maximum height allowed by the zoning district and the height is consistent with the design and height of other properties in the neighborhood, namely the adjacent property separated from the residence by an alley. The proposed addition will comply with all applicable development standards, including floor area, open volume, and setbacks. 3. The existing development on the property is a single-family residence and no additional dwelling units are proposed. Therefore, there is no change to the density as a result of the proposed remodel and addition. 4. The dimensions of the existing non-conforming parking space would be permissible on a lot 30 feet wide or less, per Section 20.40.090 (Parking Standards for Residential Uses), as the minimum width for a single car space on a lot 30 feet wide or less is 9 feet 3 inches. Therefore, the existing non-conforming parking space is functional for parking purposes. Zoning Administrator Resolution No. ZA2024-016 Page 3 of 7 08-10-18 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 interior dimensions of the existing two-car garage were compliant with the NBMC development standards at the time of construction, which was in the 1930’s. As a result of the amendments to the Zoning Code in 1973, the two-car garage is now substandard in size and is considered legal nonconforming. 2. The proposed addition is located at the front of the property and does not include any changes to the detached garage at the rear of the property. Modifying the garage walls would be costly and would significantly increase the scope of the project to gain 8 ½ inches of garage width. 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. 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 proposed addition is to accommodate the construction of a new bedroom, office, and bathroom on the second floor and a family room on the first floor. The addition does not result in the need to modify the detached garage located at the rear of the residence along the alley. Increasing the width of the garage to satisfy current parking requirements would require major structural alterations and result in a significant increase in the scope of work. Furthermore, expanding the width of the garage in its current location is not feasible as it is located within the rear setback, and Section 20.38.040 (Nonconforming Structures) of the NBMC prevents the structural alteration of nonconforming accessory structures. Therefore, the garage would have to be completely reconstructed outside of the rear setback to gain the additional 8 ½ inches of width. 2. The existing garage provides two useable garage spaces, one that is 8 ½ inches less than the required width, therefore fulfilling the intent of the NBMC by providing adequate two-car parking onsite. The second parking space complies with the NBMC minimum dimensions. 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. Zoning Administrator Resolution No. ZA2024-016 Page 4 of 7 08-10-18 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. The interior dimensions of the garage comply with the minimum 20 feet by 20 feet interior clear dimensions for lots over 40 feet wide, with the exception of three wood posts that impede one of the two parking spaces. The wood posts provide structural support to the garage and cannot be removed without additional and significant structural changes which would greatly increase the cost and scope of the project. 2. Bringing the garage into compliance with current NBMC requirements would provide a negligible benefit, but it would unreasonably require significant alterations to the structure well beyond the scope of the planned addition. Fact 1 in support of Finding C is hereby incorporated by reference. 3. An additional alternative is to reduce the size of the addition to not more than 10% of the existing floor area of the structure as authorized under Section 20.38.060 (A) (Nonconforming Parking) of the NBMC. Given the intent of the project is to provide a new second floor bedroom, office and a new first floor family room to a single-story residence, a redesign to reduce the size of the addition to 196 square feet will significantly impact the objectives of the project and would not provide similar benefits to 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. Although the width of one parking space does not meet the minimum dimensions of the NBMC, two vehicles can park within the existing garage. Additionally, the driveway in front of the garage allows for one additional parallel parking space on-site. Although the uncovered parking space does not count towards the two-car garage parking requirement for single-unit dwellings, Section 20.40.090 (Parking Standards for Residential Uses) of the NBMC allows parking of vehicles on driveways within rear setbacks abutting residential and side yard setbacks (regardless of alley). The additional driveway space is approximately 12 feet, 6 inches wide by 20 feet deep, which complies with the minimum dimensions of the NBMC. The driveway space would help offset the narrower parking space inside the garage. 2. The proposed two-story addition would maintain all required setbacks and will provide adequate protection for light, air, and privacy. The addition will not preclude access to Zoning Administrator Resolution No. ZA2024-016 Page 5 of 7 08-10-18 the dwelling and will be consistent in scale with other two-story dwellings in the neighborhood. The minimum required open volume is 585 square feet, and the proposed open volume after the addition is 1,674 square feet. 3. The proposed addition will result in a total floor area that is less than the maximum allowed by NBMC, as the proposed structure (including garage) is only 2,779 square feet where the maximum floor area allowed is 7,805 square feet. Thus, the proposed addition would not result in a change in intensity that is inconsistent with the provisions of the NBMC. 4. The proposed addition 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). 5. 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 finds this project is categorically exempt from the California Environmental Quality Act under 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. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. 2. The Zoning Administrator of the City of Newport Beach hereby approves PA2023-0216, 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 14TH DAY OF MARCH 2024 Zoning Administrator Resolution No. ZA2024-016 Page 6 of 7 08-10-18 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 (21 feet, 4 inches wide by 21 feet, 3 inches deep) shall be kept clear of obstructions including cabinets, shelving, or similar that may impact the ability to adequately park two vehicles with the exception of the existing three wood posts depicted on the plans. 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 the Anderson Residence Addition including, but not limited to, (PA2023- 0216). This indemnification shall include, but not be limited to, damages awarded against Zoning Administrator Resolution No. ZA2024-016 Page 7 of 7 08-10-18 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 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. 11. Prior to permit issuance, plans shall be updated to demonstrate compliance with the following: a) The addition shall require a drainage plan; b) Exterior walls of dwellings, guesthouses, garages, carports and/or accessory structures closer than 5 ft. (3 ft. if sprinklered) to the property line shall be 1-hour fire resistance-rated construction; and c) Provide emergency escape and rescue opening for the new bedrooms per R310 of CRC 2022.