HomeMy WebLinkAbout4.0 - Nonconforming Structures Code Review - PA2014-083 CITY OF NEWPORT BEACH
PLANNING COMMISSION STUDY SESSION STAFF REPORT
August 21, 2014 Meeting
Agenda Item 4
SUBJECT: Nonconforming Structures Code Review - (PA2014-083)
PLANNER: Benjamin M. Zdeba, Assistant Planner
(949) 644-3253, bzdeba@newportbeachca.gov
ABSTRACT
City Council initiated a Zoning Code amendment and directed staff to review the City's
Zoning Code as it relates to additions to nonconforming structures, specifically where
the total allowable additional floor area may be limited due to the size of a smaller
existing structure.
BACKGROUND
In August of 2013, the Planning Commission denied a variance request that proposed a
1,894-square-foot addition to an existing 1,905-square-foot duplex that is
nonconforming due to various setback encroachments and lack of required parking. The
request equated to an approximate addition of 99.5 percent of the existing floor area
where the Zoning Code limits additions to 50 percent of the existing floor area for
nonconforming structures.
I I I I
The project was subsequently j
appealed by the applicant on the
basis that the allowed addition is
hindered by the size of the existing
smaller structure on the property I I 50%Addition
when compared to other NI
890 sq.
nonconforming properties that may WI 50%Addition I
already be developed with larger j 500sq n• j
structures and can add more square j
footage by right. See Figure 1 (right) Existing
for an example of the appellant's 1,760 sqn.
argument. Additions may be further
limited when the required parking is Existing
not provided and addition of that 1,OWsq.tL
parking is part of the 50 percent
allowable addition.
City Council continued the project 30.00"—" —"-30.00, "—
indefinitely and directed staff to smaller structure Larger structure
Figure 1, Allowable additions to existing smaller nonconforming
structures as compared to existing larger nonconforming
structures.
Z
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Nonconforming Structures Code Review
Planning Commission, August 21, 2014
Page 2
review the Zoning Code's nonconforming section (NBMC 20.38.040) and how it is
applied to smaller nonconforming structures to ensure equitable development
opportunities. Staff will provide alternative criteria, as well as examples of the
application of each criterion during the study session.
Environmental Review
This item is covered by the general rule that CEQA applies only to projects, which have
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA(CEQA Guidelines Section
15061(b)(3)).
Public Notice
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the Planning Commission considers the item).
Prepared by: Submitted by:
Vstaint
i M. Veba rnl�lw
Planner Br n a Wisnes i, r
ICP, Deputy Director
:\Users\PLN\Shared\PA's\PAs-2014\PA2014-083\PA2014-083 PC Study Session.doex: 04/0714
Nonconforming Structures Code Review
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Planning Commission
Study Session
August 21, 2014
Background
Hormann Variance — add 99 . 5% of existing floor
area to nonconforming duplex
m August 2013 — Planning Commission denies
i Appealed to City Council
January 2014 — City Council continues item and
directs staff to review N B M C 20 . 38 . 040
o8/21/2014 Community Development Department- Planning Division 2
Overvinew
■ NBMC Section 20 . 38 . 040 ( Nonconforming
Structures)
Criteria for continuation, maintenance and
expansion of nonconforming structures
Encourage increased conformance for
nonconforming structures
Expansion shall be limited to a maximum of fifty (50)
percent of the gross floor area of the existing
structure within any ten (so) year period
o8/21/2014 Community Development Department- Planning Division 3
4�EWPOR
T
O
Overvinew
=s m am i i emr Structure (E) • Larger Structure (E)
I I
1,000 sq. ft.
II addition I
• 500 sq. ft.
I addition � .
I Z,000 sq.
existing
I i,000 sq.
existing
. R
•
o8/21/2014 Community Development Department- Planning Division 4
Option # :L
5o% addition of existing gross floor area
(existing Zoning Code provision)
soo sq. ft.
addition
All I ,4 . . E i .
I,000 sq. ft. 400 sq. I
existing I ft. ■
garage
� . . . ■- � ■ . ■ ■_I
o8/21/2014 Community Development Department- Planning Division 5
Option # 2
■ 5o% addition of existing gross floor area
■ Exclude addition of a conforming garage
I,000 sq. ft. 500 sq. ft. 400 sq. I
existing addition ft. ,
garage
■ r l
o8/21/2014 Community Development Department- Planning Division 6
Option # 3
i 5o% addition of existing gross floor area
Exclude addition of a conforming garage
m Allow over 5o% addition up to 75% of existing
gross floor area with discretionary approval
I,000 sq. ft 750 sq. ft. o sq.
existing
addition ft.
(discretionary) rage
o8/21/2014 Community Development Department- Planning Division 7
Option # 4
5o% addition of existing gross floor area or 75%
of the allowable floor area limitation, whichever
is greater
total equal to 75%
of floor area limit
(including garage) '
o8/21/2014 Community Development Department- Planning Division 8
Next Steps
Planning Commission can direct staff to :
(1) Return for public hearing to revise criteria with
one of the options identified; or
( 2) Return for study session or public hearing to
discuss other options; or
(3) Return for public hearing to maintain the existing
criteria .
o8/21/2014 Community Development Department- Planning Division g
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For more information contact:
Benjamin M.Zdeba,Assistant Planner
949-644-3253
bzdeba@nevv�ortbeachca.gov
www.newport�eachca.gov
Hormann Variance
Option # i
Request : 1, 894 sq . ft . addition (99 . 5% of existing )
Allowance : 50% of existing ( including new garage)
70% of max floor area limit
Option #1 — Existing Criteria
I 1,905 sq. ft. 552.5 sq. ft. o sq.
existing addition jarage
. J7 .J
I
. r � ■ . ■ .
o8/21/2014 Community Development Department- Planning Division 13.
Hormann Variance
Option # 2
Request : 1, 894 sq . ft . addition (99 . 5% of existing )
Allowance : 50% of existing excluding new garage
(71% of existing )
80% of max floor area limit
Option #2 — Exclude Garage
952.5 sq. ft. 400 sq. ft.
addition garage
�j
I
o8/21/2014 Community Development Department- Planning Division 12
AML Ppr
•
Option # 3 IF
Request : 1, 894 sq . ft . addition (99 . 5% of existing)
■ #3 Allowance : 75% of existing (discretionary
approval ) excluding new garage (96% of existing )
92% of max floor area limit
Option #3 — Exclude Garage and 75% Discretionary
1428.75 sq. ft.
addition
I
o8/21/2014 Community Development Department- Planning Division 13
Hormann Variance
Option # 4
Request : 1 8 s ft . addition % of existing )
q � 94 q • (99 . 5 9 )
for
#4 Allowance : 75% of max floor area limit (61% of
existing )
Ir 75% of max floor area limitation
Option #4 - 75% of Max Floor Area Limit
155 sq. ft.
1,905 sq. f 1,addition
existing
(including garage)
I
o8/21/2014 Community Development Department- Planning Division 14