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HomeMy WebLinkAboutZA2024-014 - APPROVING A MODIFICATION PERMIT FOR AN ADDITION GREATER THAN 10 PERCENT TO A SINGLE-UNIT RESIDENCE WITH A LEGAL NONCONFORMING GARAGE LOCATED AT 4515 HAMPDEN ROAD (PA2024-0007)RESOLUTION NO. ZA2024-014 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 4515 HAMPDEN ROAD (PA2024-0007) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Rebecca Freise (Applicant), with respect to property located at 4515 Hamden Road, and legally described as Lot 8 of Tract No. 3357 (Property) requesting approval of a modification permit. 2. The Applicant requests a modification permit to allow an 812 square-foot, 26%, addition to an existing single-unit residence with a garage that is considered legal nonconforming due to its interior dimensions. The existing garage provides the minimum required depth of 20 feet; however, the existing width is substandard at 19 feet, 2.5 inches, where the Zoning Code requires a minimum width of 20 feet. 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 existing residence is also considered a nonconforming structure due to an existing encroachment into the side setback. The building is setback 5 feet from the side property line where the NBMC currently requires 6 feet for properties in the Single-Unit Residential (R-1-6000) Zoning District. NBMC Section 20.38.040 (Nonconforming Structures) allows additions of up to 50% of the existing square footage of a nonconforming structure. Because the property is considered a nonconforming structure and has nonconforming parking, the stricter provisions of the NBMC 20.38.060 (Nonconforming Parking) apply and the proposed 26% addition exceeds the 10% addition allowance, thereby requiring the requested Modification Permit. 4. 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-1-6000) Zoning District. 5. The Property is located within the Coastal Zone; however, a coastal development permit is not required because minimum interior garage dimension is not a developed standard required by the Implementation Plan of the Local Coastal Program (LCP). 6. A public hearing was held on March 14, 2024, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Zoning Administrator Resolution No. ZA2024-014 Page 2 of 7 01-25-19 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, 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 812-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 2,663 square-foot, single-story, single-unit residence with an attached 504-square-foot two-car garage. The neighborhood is comprised of single-story, single-unit residences. The modification permit will allow the expansion of the existing single-unit residence by 812 square-feet, which will remain compatible with other properties in the neighborhood. 2. The proposed residential addition would increase the living area by 812 square feet, which is a 26% increase. The addition to the existing single-story residence is consistent with the design and height of other properties in the neighborhood. Zoning Administrator Resolution No. ZA2024-014 Page 3 of 7 01-25-19 3. The Project will continue to maintain a garage that is adequate in size for the parking of two vehicles. Therefore, the Property 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. The existing structure was built in 1959 in conformance with the development standards, including parking requirements, at the time of construction. Subsequent amendments to development standards have rendered the interior clear dimensions of the existing two-car garage to be substandard in size. 2. 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 Property is considered to have legal nonconforming parking due to the substandard interior garage dimensions. The existing garage complies with the minimum 20-foot interior depth required by the Zoning Code, but provides a 19-foot, 2.5 inches in interior width, where the Zoning Code requires a minimum 20-foot width. However, the existing garage interior dimensions are suitable for two vehicles. 3. Modifying the garage walls, which are not within the area of the proposed addition, would require reframing the garage, moving the garage slab, widening the driveway and the demolition of an existing freestanding wall adjacent to the garage. Altering the garage would significantly increase the scope and cost of the Project while providing negligible benefit. 4. The granting of the modification permit is necessary to allow a reasonable addition of 26% to an existing residence 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 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. Zoning Administrator Resolution No. ZA2024-014 Page 4 of 7 01-25-19 Facts in Support of Finding: 1. Relocating the northern exterior garage wall 9.5 inches to achieve the 20-foot clear dimension for width would require the demolition of an existing free-standing wall adjacent to the garage and removal of existing landscaping. This would also require reframing the garage walls, widening the garage slab and widening the driveway which would add significant scope and cost to the project. 2. The southern exterior wall of the garage is located 6 inches into the required side setback. Widening the garage wall an additional 9.5 inches into the required side setback is not permitted 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, it provides 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. The existing garage includes dimensions suitable for the parking of two vehicles. If the garage is brought into compliance with the Zoning Code standards, it would still only provide for the parking of two vehicles. 2. The intent of the Project is to provide additional living area, including a larger dining and living room. A redesign to reduce the size of the addition from 812 to 316 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. ZA2024-014 Page 5 of 7 01-25-19 Facts in Support of Finding: 1. The proposed addition conforms to all applicable development standards, including lot coverage, setbacks, height, and will maintain adequate light, air, and privacy between neighboring residences. In addition to being nonconforming due to interior garage dimensions, the existing residence is also legal nonconforming due to setbacks, as the residence is constructed 5 feet 6 inches from the property line, where a 6-foot setback is required by the Zoning Code. However, the proposed additions are within the buildable area and will not encroach into the side setback. The addition will not preclude access to the residence and will be consistent in scale with 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. In addition to the existing two-car garage, the Property includes a driveway adequate in size 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 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 PA2024-0007, 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 14TH DAY OF MARCH 2024 Zoning Administrator Resolution No. ZA2024-014 Page 6 of 7 01-25-19 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, 2.5 inches by minimum 20 feet 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. ZA2024-014 Page 7 of 7 01-25-19 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, and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on 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 Gagnon Residence Addition including, but not limited to Modification Permit No. PA2024-0007. 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.