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MODIFICATION
PERMIT NO. MD2007-068 (PA2007-172) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-068 (PA2007-172) |
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Applicant |
Dennis C. Wood |
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Site Address |
407 East Balboa
Boulevard |
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Legal Description |
Lot 3, Block 4 , Balboa Tract |
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On September 24, 2007,
the Zoning Administrator approved the application request to allow a second floor addition, and alterations to
the first floor of an existing non-conforming mixed-use building. The
proposed addition is between 25% and 50% of the total gross floor area of the
existing structure. Also included in the request is to allow a deck on the
second floor which encroaches into the required front yard setback. The
existing building is non-conforming since it currently encroaches into the
front and rear yard setbacks and does not provide the size or number of
parking spaces required by the Zoning Code. The Code required two-car parking
will be provided as a part of the proposed project. The
property is located in the SP-6 (Central Balboa Specific Plan-RP, Residential
Professional) 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 subject property is a mixed use one-story building with
frontage on
Additionally, the structure
is non-conforming with the Local Coastal Land Use designation “General
Commercial B” (CG-C) which allows residential uses on the second floor only.
The proposed expansion of residential floor area will be on the second floor
only as allowed by the Local Coastal Land Use Plan. Alterations to the first
floor residential floor area provide two parking spaces for the residential
area in accordance with Zoning Code requirements. Addition and alterations to
the existing structure are allowed pursuant to Policies 2.2.5-1 and 2.2.5-2
contained in the Local Coastal Land Use Plan.
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. 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 subject property is an existing
mixed-use building located in the “RP” zone of the Central Balboa Specific Plan
(SP-8). The existing commercial use is located on the ground floor on the front
portion of the lot and is consistent with the requirements of the “RP” zone and
the Local Coastal Land Use Plan. The existing structure is non-conforming with
the Zoning Code because it does not provide the parking required, and
encroaches into the required 5-foot alley and front yard setbacks.
·
The Zoning Code allows alteration and
additions to existing non-conforming structures between 25% and 50% of the
existing gross square footage pursuant to Section 20.62 of the Zoning Code.
·
The encroachment of the proposed
second floor deck into the required front yard setback is minor in nature and
consists of non-habitable space.
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 reason:
·
The
existing non-conforming building was constructed in its present location in
1931 and complied with all City zoning requirements at the time. The cost of
removing and reconstructing the building to comply with required front and
alley setbacks would be financially prohibitive.
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 reasons:
·
The commercial area of the mixed-use
building will not be increased.
·
The proposed alterations and addition
to the existing non-conforming structure will not exceed 50% of the gross floor
area allowed per the Zoning Code.
·
The proposed alterations will provide
required parking for the residential use.
·
The project will comply with the
standards and policies of the “RP” zone of the Central Balboa Specific Plan
(SP-8), the Zoning Code, Local Coastal Land Use Plan, and the General Plan.
·
The proposed project will comply with
all Building Code regulations.
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:
·
Alterations on the first floor rear
portion of the existing building will bring it into compliance with the
required alley setback, and provide residential parking required by the Zoning
Code.
·
All walls, fences and any other
improvements in the alley setback will be removed.
·
The second story addition of habitable
area will conform to all required setbacks, height, and open space requirements
of the “RP” zone of the Central Balboa Specific Plan (SP-8).
·
The encroachment into the required
front yard setback of the proposed deck is minor in nature, does not consist of
habitable space, and will be located behind an existing parapet wall.
CONDITIONS
1.
The development shall be in substantial conformance with the
approved plot plan, floor plans and elevations, except as noted in the
following conditions.
2.
The net increase in the gross square footage of the building
shall not exceed 50% of existing building square footage. This amount will be
verified during the plan check process for building permits.
3.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
4.
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.
5.
The water meter and the sewer cleanout will be located in
the public right-of-way. If installed at a location that will be subjected to
vehicle traffic, each shall be installed with a traffic-grade box and cover.
6.
All other utility service connections serving this
development shall be made underground.
7.
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.
8.
A city encroachment agreement is required for all
non-standard private improvements within the public right-of-way.
9.
Ensure that the garage finish floor elevation will be at
least 6-inch (plus 2% cross fall across the parkway width) above the alley flow
line elevation, unless approved by Public Works.
10.
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.
11.
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.
12.
A building permit shall be obtained prior to commencement of
the construction.
13.
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.
14.
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
Appeared
in Opposition: None
Appeared in Support:
None
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Modification Permit No. MD2007-068
PA2007-172
407 East Balboa Boulevard