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MODIFICATION
PERMIT NO. MD2007-061 (PA2007-155) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-061 (PA2007-155) |
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Applicant |
James and Amilia
Molloy |
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Site Address |
2152 Ocean Boulevard |
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Legal Description |
Lot 14 and Portion Lot 13, Block F, Tract 518 |
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On September 10, 2007,
the Zoning Administrator approved the application request to allow addition and alteration to a nonconforming
single-family dwelling that includes more than 25% but less than 50% of
existing square footage to the garage. The building is nonconforming in that
it currently encroaches 6 inches into the westerly 4-foot side yard setback
and 3 feet into the easterly side yard setback. The garage is nonconforming since
the interior width is 16 feet where the Code requires a minimum of 17 feet 6 inches
in width. The property is located in the R-1
District. The Zoning Administrator’s approval is based on the following
findings and subject to the following conditions. |
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FINDINGS
1.
The Land Use Element of the General Plan and the Local Coastal
Program Land Use Plan designate the site for “Single-Unit Residential Detached”
use. The existing residential structure is
consistent with this designation.
2.
This project has been reviewed, and it has been determined that
it is categorically exempt from the requirements of the California
Environmental Quality Act under Class 1 (Existing Facilities).
3.
The modification to the Zoning Code,
as proposed, is consistent with the legislative intent of Title 20 of the
Newport Beach Municipal Code (NBMC). It is a logical use of the property that would be
precluded by strict application of the zoning requirements for this District
for the following reasons:
·
The existing single-family structure
is non-conforming since it encroaches into the required side yard setbacks, and
the existing parking spaces do not meet current code requirements for width.
·
The Zoning Code includes provisions
for additions to existing nonconforming structures, pursuant to Section
20.62.040. The proposed addition to the garage and bathroom will maintain the
Zoning Code required rear and side yard setbacks.
4.
In accordance with the provisions of
Chapter 20.93, the granting of this application is necessary due to practical
difficulties associated with the property. The strict application of the Zoning
Code results in physical hardships that are inconsistent with the purpose and
intent of the Zoning Code for the following reasons:
·
The subject lot is irregular in shape.
The side property lines are unequal in length, with the westerly side property
line being the shortest. The property has a zero-foot rear setback and the rear
property line is angled. The existing attached garage is not sited parallel to
the rear property line, with the northwesterly corner closest to the alley. The
gas meter, currently surrounded by bollards, is located at the rear property
line in front of the northeasterly rear corner of the existing garage.
·
The location of the gas meter and an
existing solid 14-foot 10-inch garage door makes access to the garage from the
alley difficult.
·
The spaces within the existing garage
are substandard in width to the current Zoning Code requirements, but capable
of providing storage of two vehicles.
·
The proposed addition is a logical
design solution to improve access to and parking within the existing
non-conforming garage.
5.
In accordance with the provisions of
Chapter 20.93, the requested modification will be compatible with existing
development(s) in the neighborhood for the following reason:
·
The existing structure will remain a
single family dwelling and the proposed addition to the garage will maintain
the required rear and side yard setbacks and consists of between 25% and 50% of
the existing structure which is allowed per the Zoning Code subject to the
approval of a Modification Permit. It is consistent with modified and
conditioned approvals granted by the Zoning Administrator, Modifications
Committee and the Planning Commission on appeal for encroachments of similar
structures in this neighborhood and Citywide.
6.
In accordance with the provisions of
Chapter 20.93, the granting of this Modification Permit will not adversely
affect the health or safety of persons residing or working in the neighborhood
of the property and not be detrimental to the general welfare or injurious to
property or improvements in the neighborhood based on the following:
·
The proposed addition to the garage is between 25% and 50%
of the existing structure, and maintains the required rear and side yard
setbacks.
·
The existing gas meter and bollards will be relocated to the
easterly side wall of the proposed addition, and an 18-foot sectional garage
door will replace the smaller solid garage door. This will improve access to
the garage spaces. The interior width and length of the existing non-conforming
parking spaces will be maximized to the greatest extent possible and have been
exhibited to adequately house two vehicles.
·
The proposed addition will comply with all setback and
height requirements of the Zoning Code, and will comply with all Building Code
requirements.
CONDITIONS
1.
The development shall be in substantial conformance with the
approved revised plot plan, floor plans and elevations, except as noted in the
following conditions.
2.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
3.
The proposed addition shall not exceed 50% of the existing
gross square footage on site. The addition shall comply with all setbacks and
height requirements of the Newport Beach Zoning Code, and shall comply with all
requirements of the universal Building Code.
4.
A building permit shall be obtained for the conversion of a portion
of the garage to habitable space.
5.
Prior to issuance of building permits, a Certificate of
Compliance or Lot Line Adjustment shall be submitted for review and approved. A
cost analysis of the proposed addition and conversion of the portion of the garage
to living area which was completed without benefit of permits shall be
submitted to the Planning Department in accordance with Chapter 20.62 of the
NBMC.
6.
If any of the existing public improvements surrounding the
site is damaged by private work, new concrete sidewalk, curb and gutter, street
pavement, and other public improvements will be required by the City at the
time of private construction completion. Said determination and the extent of
the repair work shall be made at the discretion of the Public Works inspector.
7.
This approval was based on the particulars of the individual
case and does not, in and of itself or in combination with other approvals in
the vicinity or Citywide, constitute a precedent for future approvals or
decisions.
8.
Prior to issuance of building permits, the applicant shall
submit to the Planning Department an additional copy of the approved
architectural plans for inclusion in the Modification Permit file. The plans
shall be identical to those approved by all City departments for building
permit issuance. The approved copy shall include architectural sheets only and
shall be reduced in size to 11-inches by 17-inches. The plans shall
accurately depict the elements approved by this Modification Permit and shall
highlight the approved elements such that they are readily discernible from
other elements of the plans.
9.
A building permit shall be obtained prior to commencement of
the construction.
10.
A copy of this approval letter shall be incorporated into
the Building Department and field sets of plans prior to issuance of the
building permits.
11.
All work performed within the public right-of-way shall be
reviewed and approved by the Public Works Department under an encroachment
permit/agreement, if required.
12.
This approval shall expire unless
exercised within 24 months from the approval date, as specified in Section
20.93.050 (A) of the Newport Beach Municipal Code. Prior to the expiration date
of this approval, an extension may be approved in accordance with Section
20.93.050 (B) of the Newport Beach Municipal Code. Requests for an extension
must be in writing.
Appeal Period
The
Zoning Administrator’s decision may be appealed to the
By:
Zoning Administrator Javier S. Garcia,
AICP
JSG:ks/rb
Attachments: Vicinity
Map
Letter of Support: T. and S. Bridges, Miramar Drive
Appeared
in Opposition: None
Appeared in Support:
None
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Modification Permit No. MD2007-061
PA2007-155
2152 Ocean Boulevard