HomeMy WebLinkAboutZA2024-049 - APPROVING A MODIFICATION PERMIT OF A 12% ADDITION LOCATED AT 909 ALMOND PLACE (PA2024-0112)RESOLUTION NO. ZA2024-049
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A MODIFICATION
PERMIT OF A 12% ADDITION LOCATED AT 909 ALMOND
PLACE (PA2024-0112)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Tyler Wilson (Applicant), for 909 Almond Place (Property), and
legally described as Lot 13 in Tract 4705 of the Eastbluff Development, requesting
approval of a modification permit.
2. The Applicant proposes a 680 square foot, 12% addition to an existing nonconforming
single-unit dwelling where the Zoning Code limits additions to 10% of the existing gross
floor area when the required parking dimensions are not provided. Section 20.40.040 (Off-
Street Parking Spaces Required) requires single-unit dwellings with 4,000 square feet or
greater floor area to provide a 3-car garage. The existing garage measures approximately
27 feet, 8 inches wide by 20 feet deep and is considered legal nonconforming. While there
are no explicit required interior dimensions for a 3-car garage in the Zoning Code
development standards, a longstanding interpretation has been to require an interior
garage clearance of 28 feet, 3 inches wide by 20 feet deep.
3. The Property is designated as Single Unit Residential Detached (RS-D) by the General
Plan Land Use Element and is located within the Single-Unit Residential (R-1-6000) Zoning
District.
4. The Property is not located within the coastal zone.
5. A public hearing was held on August 29, 2024, online via Zoom. A notice of the 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 has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities) of the Guidelines for CEQA.
2. This exemption includes additions to existing structures up to 50% of the floor area before
the addition, or 2500 square feet, whichever is less. The Project is a 680 square-foot
addition to an existing single-unit dwelling in a developed neighborhood and is not within
an environmentally sensitive area.
Zoning Administrator Resolution No. ZA2024-049
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SECTION 3. REQUIRED FINDINGS.
By Section 20.52.050(E) (Modification Permits – Required Findings) of the Newport Beach
Municipal Code (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 surrounding neighborhood is comprised of one- and two-story single-unit dwellings.
The Modification Permit will allow an addition to the existing two-story, single-unit
dwelling, which is compatible with other properties in the neighborhood. The Project
includes additional floor area to the kitchen for a butler’s pantry, interior remodel of an
existing powder bath to a wine room, new gym, and expansion of two existing bedrooms
on the second floor. There is no change to the density or intensity as a result of the
Project.
2. The proposed addition will result in a total floor area of 6,200 square feet (including the
631-square-foot garage). The resulting bulk and scale of the Project is compatible with
other single-unit dwellings within the neighborhood.
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. In 2001, the existing residence underwent a significant remodel and addition, during
which the original 3-car garage was retained, with interior clearances of approximately
27 feet 8 inches wide by 20 feet deep. Section 20.40.040 (Off-Street Parking Spaces
Required) requires single-unit dwellings with 4,000 square feet or greater floor area to
provide a 3-car garage. While there are no explicit required interior dimensions for a 3-
car garage in the Zoning Code development standards, a longstanding interpretation
has been to require an interior garage clearance of 28 feet, 3 inches wide by 20 feet
deep. Therefore, the Property’s existing 3-car garage interior clearance is considered
legal nonconforming.
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.
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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 3
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. Facts in Support of Finding B are hereby incorporated by reference.
2. Relocating the interior walls 7 inches to the West or East to achieve the 28-foot 3-inch
clear width would encroach into the existing guest living room, bedroom, entry way, and
stair access to the second level. These encroachments are contrary to the purpose of
the Project and would be costly to alter.
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. Fact 2 of Finding C is hereby incorporated by reference.
2. The intent of the Project is to provide additional living area on the second floor, including
the expansions of two existing bedrooms on the second floor. A redesign to reduce the
size of the addition to 192 square feet will significantly impact the objectives of the
Project and would not provide similar benefits to the homeowner.
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 Project conforms to all applicable development standards, including floor area limit,
setbacks, height, and will provide adequate protection for light, air, and privacy. The
Project is consistent in scale with other dwellings in the neighborhood.
2. The 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).
3. The approval of this Project is conditioned such that the Applicant is required to obtain
all necessary permits in accordance with the Building Code and other applicable Codes.
4. The Property includes a driveway adequate in size which measures approximately 28
feet wide by 14 feet deep to accommodate parking for two 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 under Section 15301
under Class 1 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 PA2024-0112,
subject to the conditions outlined 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 a call for review is filed with the
Community Development Director by the provisions of Title 20 Planning and Zoning, of
the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF AUGUST 2024.
Zoning Administrator Resolution No. ZA2024-049
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project specific conditions are italicized)
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. A material violation of
any of those laws in connection with the use may be caused the 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. Demolition beyond the approved scope of work requires planning division approval before
the commencement of work. Approval of revisions to project plans is not guaranteed. Any
changes in the current scope of work may require the entire structure to be demolished
and redeveloped in conformance with the current Zoning Code Development Standards.
8. Each parking space within the garage shall be permanently available and maintained
for parking purposes. The interior clear dimensions (27 feet 8 inches wide by 20 feet
deep) shall be kept clear of obstructions including cabinets, shelving, or similar that may
impact the ability to adequately park three vehicles.
9. Prior to the issuance of a building permit, the Applicant 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
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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.
10. 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.
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, the Applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any 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 Hyman Residence including, but not limited to,
Modification Permit No. PA2024-0112. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and
other expenses incurred in connection with such claim, action, causes of action, suit, or
proceeding whether incurred by the Applicant, City, and/or the parties initiating or bringing
such proceeding. The Applicant shall indemnify the City for all the City's costs, attorneys'
fees, and damages that which City incurs in enforcing the indemnification provisions
outlined in this condition. The Applicant shall pay to the City upon demand any amount
owed to the City under the indemnification requirements prescribed in this condition.
Fire Division
13. Fire sprinkler plans and calculations shall be submitted to NBFD for review for the
addition.