MODIFICATION PERMIT NO. MD2007-061

(PA2007-155)

PLANNING DEPARTMENT

3300 NEWPORT BOULEVARD

NEWPORT BEACH, CA 92663

(949) 644-3200  FAX (949) 644-3229

 

 

 

 

 

 

 

 

 

Application No.

 

Modification Permit No. MD2007-061

(PA2007-155)

 

Applicant

 

James and Amilia Molloy

Site Address

 

2152 Ocean Boulevard

Legal Description

 

Lot 14 and Portion Lot 13, Block F, Tract 518

 

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.

 

 

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 Planning Commission within 14 days of the action date. A $600.00 filing fee shall accompany any appeal filed. No building permits may be issued until the appeal period has expired. A copy of the approval letter shall be incorporated into the Building Department set of plans prior to issuance of the building permits or issuance of revised plans.

 

 

 

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

 


 

VICINITY MAP

 

Modification Permit No.  MD2007-061

PA2007-155

 

2152 Ocean Boulevard