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HomeMy WebLinkAbout08_Merz Residence Modification Permit_PA2023-0245CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT February 15, 2024 Agenda Item No. 8 SUBJECT: Merz Residence Modification (PA2023-0245) Modification Permit SITE LOCATION: 263 Walnut Street APPLICANTS/OWNERS: Elaine Merz PLANNER: Jerry Arregui, Planning Technician 949-644-3249, jarregui@newportbeachca.gov LAND USE AND ZONING General Plan Land Use Category: RS-D (Single Unit Residential Detached) Zoning District: R-1 (Single-Unit Residential) Coastal Land Use Plan Category: RSD-C (Single Unit Residential Detached – (10.0 – 19.9 DA/AC)) Coastal Zoning District: R-1 (Single-Unit Residential) PROJECT SUMMARY A request for a modification permit for 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. RECOMMENDATION 1)Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which identifiesclasses of projects which have been determined not to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit filed as PA2023-0245 (Attachment No. ZA 1) 1 Merz Residence Modification (PA2023-0245) Zoning Administrator, February 15, 2024 Page 2 Tmplt: 05/27/20 DISCUSSION The subject property is located within the Single-Unit Residential (R-1) Coastal Zoning District. The R-1 District is intended to provide areas appropriate for single- unit residential development on a single legal lot. The property is developed with a single story, 2,035-square-foot single-unit dwelling, with a 529-square-foot attached garage. The residence was originally constructed in 1964 as a two- bedroom residence, based on the permit history on file. The R-1 Coastal Zoning District limits floor area to two times the buildable area. The subject property is allowed to have a maximum of 5,880 square feet of gross floor area. The proposed remodel to an existing bedroom to accommodate an emergency escape will not result in a net increase of gross floor area. The project therefore complies with the floor area limit. The dwelling has an existing third bedroom that does not meet the egress requirements of the Building Code. The bedroom is uncompliant because it does not have a window to serve as an emergency evacuation and rescue opening as required by the Building Code. The current property owners purchased the property as a three-bedroom single-unit dwelling and are seeking to bring the subject room up to Building Code compliance by adding a window to serve as the required emergency evacuation and rescue opening. To accommodate the new window, a 3' wide bedroom extension is necessary to connect the bedroom to the exterior of the structure. The connection will result in an encroachment of 4 inches into the required depth of the existing attached two-car garage, resulting in a depth of 19 foot, 8-inchs, where 20 feet is required. A modification permit is required for this request. This project will result in a dwelling that has a total of three bedrooms, as intended to be utilized when originally purchased. NBMC Section 20.52.050 (Modification Permits) specifies that relief from certain development standards of the Zoning Code may be permitted and does not negatively impact the community at large or in the neighborhood of the specified development. The applicant proposes a remodel of an existing uncompliant bedroom to accommodate an emergency evacuation and rescue opening which will encroach 4 inches into the required garage depth. The resulting garage dimensions are 22 feet, 6 inches wide and 19 feet, 8 inches deep where a minimum 20 feet wide and 20 feet deep is required, therefore a modification permit is required for this request. Existing development along Walnut Street consists of primarily one- and two-story single-unit dwellings. The proposed emergency escape and rescue opening is located within the interior of the building footprint and does not result in an increase in gross floor area. Exterior changes to the structure are limited to the creation of 2 Merz Residence Modification (PA2023-0245) Zoning Administrator, February 15, 2024 Page 3 Tmplt: 05/27/20 a window along the north (right) side, which is consistent with the design of other residences in the vicinity. The proposed project will comply with all other applicable development standards, including height, setbacks, and floor area limit. The resulting home will consist of three bedrooms and two bathrooms with a total livable area of approximately 2,092 square feet and a garage of approximately 472 square feet. The proposed design, bulk, and scale of the development will remain the same, with the exception of a window, therefore remaining consistent with the characteristics of the neighborhood. The new floor plan configuration will allow for the existing bedroom to have the required emergency evaluation evacuation and rescue opening that meets the Building and Safety standards for occupancy. 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 garages with interior dimensions of 18 feet, 6 inches wide and 19 feet deep, as required by the Zoning Code for lots between 30 and 39.99 feet wide. The proposed garage will meet the minimum requirement of other lots in this neighborhood. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Article 19 of Chapter 3 under Class 1 (Existing Facilities)) 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. The Class 1 (Existing Facilities) exemption includes interior alterations involving interior partitions. The proposed project includes the construction of a window to serve an emergency escape and rescue opening that involves interior partitions of walls of the existing house and its attached garage. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 3 Merz Residence Modification (PA2023-0245) Zoning Administrator, February 15, 2024 Page 4 Tmplt: 05/27/20 APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: DL/ja Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant’s Project Justification Letter ZA 4 Project Plans 4 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2024-### 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 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 6 Zoning Administrator Resolution No. ZA2024-### Page 2 of 7 01-25-19 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 7 Zoning Administrator Resolution No. ZA2024-### Page 3 of 7 01-25-19 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. 8 Zoning Administrator Resolution No. ZA2024-### Page 4 of 7 01-25-19 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 9 Zoning Administrator Resolution No. ZA2024-### Page 5 of 7 01-25-19 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. Benjamin M. Zdeba, AICP, Zoning Administrator 10 Zoning Administrator Resolution No. ZA2024-### Page 6 of 7 01-25-19 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 (minimum 20 feet wide by 19 feet, 8 inches deep) 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. 11 Zoning Administrator Resolution No. ZA2024-### 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. 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. 12 Attachment No. ZA 2 Vicinity Map 13 VICINITY MAP Modification Permit (PA2023-0245) 263 Walnut Street Subject Property 14 Attachment No. ZA 3 Applicant’s Project Justification Letter 15 MODIFICATION PERMIT INFORMATION 263 WALNUT STREET NEWPORT BEACH, CA 92663 We purchased this home on or about October 2020. It was sold to us, listed on MLS, as a 3 Bedroom, 2 Bath and a Bonus Room. Unbeknown to us, the home had been modified, closing in the Bonus Room and rendering the home to a 2 Bedroom home. (The third bedroom window opened into the bonus room not allowing the required fire egress.) In March 2021, we had architectural drawings done by Richart Design for a remodel at which time, we were informed that this third bedroom could no longer be used as a bedroom and we had to close in the window. Also, shortly after beginning construction, it was discovered that the bonus room was an unpermitted area and was built without proper foundations. We subsequently were forced to tear off that section of the home and rebuild properly with permits. We eliminated the window, as required and merged this bonus room with the kitchen. We recently discovered too that this home would not ever qualify to be sold, as a 3 bedroom without modification to the offending third bedroom. In working with the city and our builder we devised an extension to the bedroom by running it behind the garage and installing the necessary window for egress. Working with the city engineer, we devised this extension to the bedroom, making it part of the bedroom living space. The reason for the Mod Application is that the garage (which presently measures 19’ 11” in depth) will need to be 3” shorter., in order to accommodate the new wall. Without this modification, we will continue to lose home value and valuable space. We will be making our home safer for the occupants, by having an additional window exit. 1. The requested modification will be compatible with other homes in the neighborhood. Without this modification, we will be the sole 2-bedroom home in Newport Shores. The only other was a home modified with two masters and sold 5 years ago. We presently park two cars in the garage and after a 3” modification will still have plenty of room for parking these two cars. The new garage will measure 19’8” length and width will not be modified. (see attached plans) 2. The unique characteristic of the property is the bedroom off of the kitchen that no longer conforms to “the IRC definition of a Bedroom” - must have fire egress. We have a single-story home and therefore are limited in options. We investigated expanding this extension (or hallway) into present living space, however the costs were prohibitive (Increasing the cost of the project by approximately 25%) 3. The granting of this modification is necessary in order to make this home conform to the physical requirements of a bedroom – must have egress and increase the safety of the occupants. 4. This Modification Permit in no way is detrimental to surrounding owners, neighborhood or public. The change will come at substantial financial impact to us, but we need to get 16 this done in order to preserve the integrity of our 3-bedroom home while at the same time maintaining our 2-car garage, 5. Not granting this modification would only be detrimental to the owners of this home. We were blind sighted by the unpermitted room and the consequent loss of a bedroom. No other property or neighbor would be affected. This change will bring our home in conformity with all other three-bedroom homes in the neighborhood, while at the same time, not changing our footprint. It will also make our home safer with an additional egress. 17 Attachment No. ZA 4 Project Plans 18 A1 26 3 W a l n u t S t r e e t Ne w p o r t B e a c h , C A 9 2 6 6 0 EL A I N E & S T E V E M E R Z REVISIONS: SCALE: EXISTING FLOOR PLAN SHEET NO. DE S I G N R E S I D E N C E F O R 1/4" = 1'-0": SCOPE OF WORK (1) NEW WALL (1) EXTERIOR DOOR SEE SCHEDULE A-2 (1) WINDOW SEE SCHEDULE A-2 19 A2 26 3 W a l n u t S t r e e t Ne w p o r t B e a c h , C A 9 2 6 6 0 EL A I N E & S T E V E M E R Z REVISIONS: SCALE: PROPOSED FLOOR PLAN SHEET NO. DE S I G N R E S I D E N C E F O R 1/4" = 1'-0": 1 1 3'-0" X 3'-0"1 SLIDING WINDOWVINYL WINDOWDUAL GLAZE 1 ENTRY DOORSTEELPAINT WHITE3'-0" X 6'-8" 20 A3 26 3 W a l n u t S t r e e t Ne w p o r t B e a c h , C A 9 2 6 6 0 EL A I N E & S T E V E M E R Z REVISIONS: SCALE: PROPOSED FLOOR PLAN SHEET NO. DE S I G N R E S I D E N C E F O R 1/2" = 1'-0": PROPOSED NEW WALL 1 1 3'-0" X 3'-0"1 SLIDING WINDOWVINYL WINDOWDUAL GLAZE 1 ENTRY DOORSTEELPAINT WHITE3'-0" X 6'-8" 21