HomeMy WebLinkAboutZA2024-022 - APPROVING A MODIFICATION PERMIT FOR AN ADDITION GREATER THAN 10 PERCENT TO A SINGLE-UNIT RESIDENCE WITH A LEGAL NONCONFORMING GARAGE LOCATED AT 125 VIA JUCAR (PA2024-0030)RESOLUTION NO. ZA2024-022
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A MODIFICATION
PERMIT FOR AN ADDITION GREATER THAN 10 PERCENT TO
A SINGLE-UNIT RESIDENCE WITH A LEGAL
NONCONFORMING GARAGE LOCATED AT 125 VIA JUCAR
(PA2024-0030)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John Morgan (Applicant), with respect to property located at
125 Via Jucar, and legally described as Lot 708 and the southeasterly ½ lot of 709 of
Tract 907 (Property) requesting approval of a modification permit.
2. The Applicant requests a modification permit to allow an 832 square-foot, 46% addition
to an existing 1,390 square-foot single-unit residence with a 394-square-foot attached
two-car garage that is considered legal nonconforming due to its interior dimensions. The
existing interior clear garage dimensions are 17 feet, 4 inches wide by 18 feet, 2.5 inches
deep where the Zoning Code requires a minimum width and depth of 20 feet. The
existing interior clear garage dimensions will be increased to 19 feet, 5 inches wide by 19
feet, 4 inches deep by removing an existing obstruction; however, these dimensions are
still considered nonconforming. A modification permit is required pursuant to Newport
Beach Municipal Code (NBMC) section 20.38.060 (Nonconforming Parking) as the
Applicant proposes an addition of more than 10% of the existing square footage of the
residence without altering the existing nonconforming garage for compliance (Project).
3. The Property is designated Single Unit Residential Detached (RS-D) by the General
Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning
District.
4. The Property is located within the coastal zone; however, a coastal development permit
is not required because minimum interior garage dimensions are not a development
standard required by the Local Coastal Program Implementation Plan (Title 21).
Additionally, the proposed addition does not require a coastal development permit since
the project is located in the Categorical Exclusion Area of the coastal zone and qualifies
for a categorical exclusion order.
5. A public hearing was held on April 11, 2024, 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.
Zoning Administrator Resolution No. ZA2024-022
Page 2 of 7
01-25-19
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, Division 6, Chapter 3,
because it has no potential to have a significant effect on the environment.
2. The Class 3 exempts the demolition of up to three single-unit dwellings and additions
of up to 10,000 square feet to existing structures. The Project is an 832-square-foot
addition to an existing single-unit residence within a developed neighborhood;
therefore, the Class 3 exemption is applicable.
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.
Modification Permit
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 1,390-square-foot, single-story, single-unit residence
with an 394-square-foot attached two-car garage. The neighborhood is comprised of
single- and two-story, single-unit residences. The modification permit will allow the
expansion of the existing single-unit residence by 832 square-feet, which will remain
compatible with other properties in the neighborhood.
2. The proposed residential addition would increase the living area by 832 square feet,
which is a 46% increase. The addition of floor area is proposed on a new second-
story. The Project will remain consistent with the design and height of other two-story
residences in the neighborhood.
3. The Project will continue to maintain a garage that is 19 feet, 4 inches wide by 19 feet,
5 inched deep which is adequate in size for the parking of two vehicles. The Property
Zoning Administrator Resolution No. ZA2024-022
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will continue to provide the same amount of parking as other residences in the
neighborhood.
4. The Project will not result in a change to the density or the use of the Property.
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. NBMC Subsection 20.38.060 (Nonconforming Parking) specifies that residential
developments are considered to have nonconforming parking if the developments do
not have the required type of covered or enclosed parking spaces or because
amendments to this Zoning Code have changed the dimensions of required parking
spaces subsequent to the original construction. The existing structure was built in
1941 in conformance with the development standards, including parking requirements,
at the time of construction. Due to subsequent amendments to development
standards, a 20-foot width and 20-foot depth is required for a two-car garage’s interior
clearance on a lot that is greater than 40 feet in width. Therefore, the interior clear
dimensions of the existing two-car garage are considered to be substandard in size
and legal nonconforming.
2. Modifying the garage walls, which are not within the area of the proposed addition,
would require the relocation of the rear garage footing and the left side garage wall
footing, moving the garage slab and reframing the garage. Altering the garage would
significantly increase the scope and cost of the Project while providing negligible
benefits for the Applicant.
3. The granting of the modification permit is necessary to allow an addition of 46% to an
existing single-unit residence that was constructed in compliance with garage
standards in effect at the time of original construction. Although the existing garage
dimensions are not in compliance with the latest development standards, it is
adequate in size for the parking of two 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. Relocating the left garage wall 7 inches and rear garage wall 8 inches to achieve the
20-foot width and depth would require the widening the garage slab, reframing of the
garage walls, demolition of an existing free-standing wall adjacent to the garage, and
Zoning Administrator Resolution No. ZA2024-022
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removal of existing landscaping, which would add significant scope and cost to the
Project. Increasing the depth of the garage would reduce the size of the existing
master bedroom, which is in contrary with the intent of this Project which is to provide
additional living space for the family.
2. The existing garage is constructed to the edge of the required front and right-side
setback lines. The current development standards would require the garage depth to
be increased by 8 inches and the garage width to be increased by 7 inches to achieve
the Code required 20-foot garage depth and width dimensions. Expanding the garage
towards the front and side property lines would place the front garage wall outside of
private property lines and the left garage wall within the required 4-foot side yard
setback. This is an alternative to remodeling the livable area to accommodate
additional garage area; however, it is not allowed by the Zoning Code.
3. The purpose and intent of the Zoning Code is for residences under 4,000 square feet
of livable area to provide a garage that fits two vehicles. Although the existing garage
has substandard width and depth, it will continue to provide dimensions that are
suitable for the parking of two vehicles.
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 and would unreasonably require significant alterations to
the structure beyond the scope of the planned addition. If the garage is brought into
compliance with the Zoning Code standards, the number of parking spaces would
remain unchanged.
2. The intent of the Project is to provide additional living area, including two additional
bedrooms, a bathroom and family room on a new second floor. A redesign to reduce
the size of the addition from 832 to 178-square-feet (10% of the existing floor area) will
significantly impact the objectives of the Project and would not provide practical
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.
Zoning Administrator Resolution No. ZA2024-022
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Facts in Support of Finding:
1. The proposed addition conforms to all applicable development standards, including floor
area limits, setbacks, height, and will maintain adequate light, air, and privacy between
neighboring residences. The addition will not preclude access to the residence and will
be consistent with the scale of other residences in the neighborhood.
2. 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.
3. The approval of this modification permit is conditioned such that the Applicant is
required to maintain the garage to be permanently available for parking purposes with
its existing interior dimensions to remain unobstructed.
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 PA2024-0030, 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 APRIL 2024.
Zoning Administrator Resolution No. ZA2024-022
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The Project 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 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.
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 to constitute
a public nuisance.
5. 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.
6. 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.
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. Each parking space within the garage shall be permanently available and maintained
for parking purposes. The interior clear dimensions (19 feet, 5 inches wide by 19 feet,
4 inches deep) shall be kept clear of obstructions including cabinets, shelving, or
similar that may impact the ability to adequately park two vehicles.
9. 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.
10. 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.
Zoning Administrator Resolution No. ZA2024-022
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11. 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 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities
are not allowed on Saturdays, Sundays or Holidays.
12. 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 Hollins Residence Addition including, but not
limited to Modification Permit No. PA2024-0030. 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
13. 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 Department
14. The Applicant is required to obtain an encroachment permit and encroachment
agreement for all existing walls within the Strada Ithaca right-of-way. The existing wall
shall comply with Council Policy L-6.
15. The Applicant shall stall a new sewer clean out on the existing sewer lateral and shall
comply with City Standard 406.