HomeMy WebLinkAboutZA2015-008 - Modification Permit to allow an addition greater than 10% to a single-unit dwelling thatis nonconforming due to parking dimesions - 2140 Ocean Blvd RESOLUTION NO. ZA2015-008
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2014-008 TO ALLOW FOR A 43-PERCENT
ADDITION TO AN EXISTING NONCONFORMING SINGLE-UNIT
RESIDENCE LOCATED AT 2140 OCEAN BOULEVARD
(PA2014-138)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bruce Manzer, with respect to property located at 2140
Ocean Boulevard, and legally described as portions of Lot 10 and 11, Block F of Tract
518 requesting approval of a modification permit.
2. The applicant proposes a modification permit to allow an approximately 43-percent
addition to an existing nonconforming single-unit residence where the code limits
additions up to 10 percent of the existing gross floor area when the required parking
dimensions are not provided. The garage currently provides a 17-foot 6-inch width and a
19-foot depth, where a minimum 20-foot by 20-foot interior dimension is required. As
proposed, the garage will be modified to provide a 17-foot 6-inch width and a compliant
depth of 20 feet. The dwelling is also nonconforming because it encroaches 1 foot 6
inches into the required 4-foot side setback area.
3. The subject property is located within the Single-Unit Residential (R-1) Zoning District
and the General Plan Land Use Element category is Single-Unit Residential Detached
(RS-D).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single-Unit Residential Detached (RSD-C).
5. A public hearing was held on February 26, 2015 in the Corona del Mar Conference
Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this meeting.
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 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities) of the Guidelines for CEQA.
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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 a 754.5-square-foot addition to an existing single-unit residence in
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
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 neighborhood is comprised of a development pattern of one and two-story single-
unit dwellings. The Modification Permit will allow a second-story addition to a single-
unit dwelling, which is compatible with abutting properties in the community.
2. The addition would consist of an 87-square-foot garage and storage area expansion
on the first level and a 667.50-square-foot conversion of attic area to living area on the
second level. The proposed alterations will comply with all applicable development
standards, including floor area, height, and setbacks, and will not intensify or alter the
existing nonconformities.
3. The proposed addition will result in a total floor area of 2,504 square feet, which is
substantially less than the maximum allowable floor area of 4,612 square feet for the
property.
4. The existing development on the property is a single-family dwelling. As such, there is
no change to the density or intensity 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 interior dimensions of the existing two-car garage were in compliance with the
Zoning Code at the time of reconstruction in 1987. However, as a result of
amendments to the Zoning Code, the two-car garage is now substandard in size, and
is therefore legal nonconforming.
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2. The garage is currently setback 4 feet 7 inches from the easterly property line, which
exceeds the minimum 4-foot setback; however, relocating the easterly garage wall to
the minimum setback line would result in significant structural alterations to the
existing structure and would only increase the garage width a nominal amount to 18
feet 1 inch. The easterly wall of the garage is a load bearing wall that separates the
garage from living space. Bringing the existing two-car garage into conformance with
the clear 20-foot width required by the current Zoning Code would result in a significant
increase in the scope of the project.
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 scope of work consists of a minor addition on the first level to provide a 46.5-
square-foot storage room and to expand the garage 40.5 square feet to provide a
conforming 20-foot depth. The second level as-built addition consists of the conversion
of existing attic space to livable floor area within the existing building envelope. No
changes to the roof are proposed with the exception of a new dormer. Given the scope
of work, increasing the width of the garage to twenty (20) feet would result in a
practical difficulty by requiring significant structural alterations to the structure and a
significant expansion in the scope of work.
2. The existing garage provides two (2) useable garage spaces, therefore fulfilling the
intent of the Zoning Code by providing adequate parking on site. Approval of the
Modification Permit allows the applicant to continue the use of the existing two-car
garage, which has not proven detrimental to the occupants or neighbors of the
dwelling.
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 alternative would require that the applicant bring the existing two-car garage into
conformance by expanding the garage width. Expanding the garage towards the
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interior of the property would require significant alterations to the structure and
stairwell to the upper level of the dwelling. Expanding the width of the garage into the
4-foot side setback required by the Zoning Code is not feasible without a variance.
2. The other alternative is to reduce the size of the addition to not more than ten (10)
percent of the existing floor area of the structure and comply with the requirements of
the Zoning Code. Given the primary purpose of the proposal is to legalize the as-built
conversion of attic space to living area, a redesign to reduce the size of the addition
will significantly impact the intent of the project and not meet the objectives of 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. The proposed garage and storage area addition would occur on the first level at the
rear of the dwelling, will maintain a minimum distance of 4 feet from neighboring
properties, and will provide adequate protection for light, air, and privacy. The
conversion of attic space to living space on the second level would occur within the
existing building envelope and would result in no change in the height or scale of the
existing structure, with the exception of a new dormer on the easterly side of the
structure.
2. The existing nonconforming garage has not proven to be detrimental to the occupants
of the property, nearby properties, neighborhood, or City and is adequate in width to
park two (2) vehicles.
3. The approval of this Modification Permit is conditioned such that the applicant is
required to obtain all necessary permits, including for the as-built improvements, in
accordance with the Building Code and other applicable Codes.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2014-008, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. This action shall become final and effective fourteen (14) days following the date this
Resolution was adopted unless within such time an appeal is filed with the Community
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Development Director in accordance with the provisions of Title 20 (Planning and
Zoning), of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF FEBRUARY, 2015.
re d Wisneski, AI P, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
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 dimensions (17 feet 6 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 two (2) vehicles.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department, including for the existing improvements that were constructed
without the benefit of building permits. 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.
6. 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.
7. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities to
between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m.
and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on
Sundays or Holidays.
8. This approval shall expire and become void unless exercised within twenty-four (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
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or indirectly) to City's approval of the Edson Residence Modification including, but not
limited to, MD2014-008 (PA2014-138). 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.
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