HomeMy WebLinkAboutZA2024-010 - APPROVING A MODIFICATION PERMIT FOR A REDUCTION TO THE REQUIRED INTERIOR CLEAR DIMENSION OF A GARAGE OF A SINGLE-UNIT DWELLING AT 263 WALNUT STREET (PA2023-0245)RESOLUTION NO. ZA2024-010
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING A MODIFICATION
PERMIT FOR A REDUCTION TO THE REQUIRED INTERIOR
CLEAR DIMENSION OF A GARAGE OF A SINGLE-UNIT
DWELLING AT 263 WALNUT STREET (PA2023-0245)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Elain Merz (“Applicant”), with respect to property located at 263
Walnut Street, and legally described as Lot A of Block 5 of Tract 772 (“Property”),
requesting approval of a modification permit.
2. A request for a modification permit to provide relief from the minimum required 20-foot
garage depth to allow a depth of 19 feet, 8 inches in order to accommodate the remodel
to an existing single-unit residence for the purpose of adding an emergency escape and
rescue opening in an existing bedroom. The bedroom remodel will not result in a net
increase in floor area for the dwelling unit. No additional deviations of the Newport Beach
Municipal Code (NMBC) are requested (“Project”).
3. The Property is designated RS-D (Single-Unit Residential) by the General Plan Land Use
Element and is located within the R-1 (Single-Unit Residential) Coastal Zoning District.
4. The Property is located within the R-1 (Single-Unit Residential) Coastal Zoning District.
The Coastal Land Use Plan category is RSD-C (Single Unit Residential Detached – 10.0-
19.9 DU/AC). A coastal development permit is not required because residential parking
dimensions are not specified as development standards in the Local Coastal Program
Implementation Plan.
5. A public hearing was held on February 15, 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, which identifies classes of projects which
have been determined not to have a significant effect on the environment.
2. The Class 1 (Existing Facilities) exemption includes interior alterations involving interior
partitions. The proposed project includes the remodel of an existing single-unit residence
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which consists of constructing an emergency escape and rescue opening that involve
interior partitions of walls of the existing house and its attached garage.
SECTION 3. REQUIRED FINDINGS.
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 2,564 square-foot, single-story, single-unit residence with
an attached two-car garage. The neighborhood is comprised of one-story and two-story
single-unit dwellings with two-car garages that are accessed through the alley. The
modification permit would allow the reduction of the garage depth to accommodate a
window to serve as an emergency escape and rescue opening which bring an existing
bedroom into compliance with the Building Code. The proposed alterations to
accommodate the emergency escape and rescue opening are located within the interior
of the building footprint and do not result in an increase in gross floor area. Exterior
changes to the structure include a window to the bedroom along the north side of the
dwelling. There are no changes to the height or floor area of the dwelling unit, therefore
is consistent with the design and height of other properties in the neighborhood. The
project continues to be compatible with the existing development in the neighborhood.
2. There is no change in the density or the use as a result of the proposed development.
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 the early 1960s and complied with development
standards, including parking requirements, at the time of construction. Subsequent
amendments to the residential parking development standards have rendered the
interior clear dimensions of the existing two-car garage to be substandard in size. The
current required garage dimensions are 20 feet wide by 20 feet deep and the existing
garage dimensions are 22 feet, 6 inches wide and 19 feet, 11 inches deep.
2. An existing bedroom is abutting the garage and another bedroom. By allowing the
bedroom to encroach into the garage depth, the Applicant avoids demolishing any
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interior walls of the adjacent bedroom which would significantly increase the cost and
feasibility of the Project.
3. The granting of the modification permit is necessary to allow a reasonable alteration to
an existing dwelling to bring an existing bedroom into compliance with the Building Code.
The resulting garage is adequate in width and depth 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. The Property is located in Newport Shores where the majority of lots measure between
30 and 35 feet in width. NBMC subsection 20.40.090 (Parking Standards for Residential
Uses) requires properties between 30.1 and 39.99 feet in width to have garages that
measure 18 feet, 6 inches in depth and 19 feet in depth. The subject property is the only
property on Walnut Street that is 50 feet wide. NBMC subsection 20.40.090 requires lots
over 40 feet wide to have a garage dimension of 20 feet wide by 20 feet deep. The strict
application of the Zoning Code would not allow the bedroom extension to connect to a
window to serve as an emergency escape and rescue opening because it would reduce
the existing garage depth to 19 feet 8 inches.
2. The proposed parking configuration will continue to accommodate the parking of two
vehicles within the garage and fulfills the intent of the Zoning Code. Demand for on-
street parking in the neighborhood is not anticipated to increase as a result of the project
because the majority of other lots on Walnut Street maintain a 18 feet, 6 inch in wide
and 19 feet deep garage. The proposed garage will meet the minimum requirement of
other lots in this neighborhood.
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 of the garage well beyond the scope of the planned interior alteration. The
resulting garage dimensions of 22 feet, 6 inched wide and 19 feet, 8 inches deep remain
adequate for the parking of two vehicles.
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2. The intent of the Project is to bring an existing bedroom into compliance with the Building
Code. Without the authorization of a modification permit, the bedroom would not be
permitted to expand into the required dimensions of the garage depth. Instead, interior
walls would need to be demolished to bring the bedroom into compliance, significantly
increasing the cost and feasibility of the Project.
3. A redesign of the Project to reduce the number of bedrooms will significantly impact the
Property as the bedroom is an essential component to the existing residence. Even with
an encroachment into the existing garage, the Property would provide a two-car garage
with interior dimensions exceeding those found on neighboring properties.
4. The exterior wall of the garage is located directly along the required 5-foot rear alley
setback. The current development standards would require the garage wall be moved 4
inches towards the alley to achieve the Code-required 20-foot depth. This would cause
the garage wall to encroach 4 inches into the required 5-foot rear alley setback, which
is not permitted by the Zoning Code.
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. Other than the proposed interior dimensions of the garage, the Project conforms to all
applicable development standards, including floor area limit, setbacks, and height. The
construction will not preclude access to the dwelling and will be consistent in scale with
other dwellings in the neighborhood.
2. The Project includes the construction of a bedroom extension to accommodate a
window which will not result in a change in density or intensity of the Property. The
existing use will remain as a single-unit residence within the R-1 Coastal Zoning District.
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.
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
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
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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 PA2023-0245, 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 15TH DAY OF FEBRUARY, 2024.
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved floor plans
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. The Applicant shall obtain all necessary building permits in accordance with the Building
Code and other applicable Codes.
5. 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.
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 shall be a minimum 20 feet wide by
19 feet, 8 inches deep, unless otherwise approved by the Planning Division. These
dimensions shall be kept clear of obstructions including cabinets, shelving, or similar
obstructions 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, property owner or the leasing agent.
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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, and 8 a.m. and 6 p.m. on Saturday. Noise-
generating construction activities are not allowed on Sundays or Holidays.
12. 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.
13. 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 Merz Residence Modification including, but not limited to Modification
Permit No. PA2023-0245. 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 Applicants, City, and/or the parties initiating or bringing
such proceeding. The Applicants 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 Applicants shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
Building Division
14. Garages beneath habitable rooms shall be separated by no less than 5/8” Type X gypsum
board applied to the underside of floor framing. Provide minimum ½” gypsum board on the
garage side elsewhere.