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USE PERMIT NO. UP2007-020 (PA2007-171) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Staff Person: Javier S. Garcia,
644-3206 |
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Appeal Period: 14 days after approval
date |
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Application: |
Planning Director’s Use Permit No. UP2007-020 (PA2007-171) |
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Applicant: |
Mike Preston |
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Address of Property Involved: |
1912 |
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Legal Description: |
Lot 6, Block 19, 1st Addition to |
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Request as Approved: Request to permit the minor interior remodel and
structural alterations of between 50% and 75% of the existing non-conforming
duplex building. The alterations include a request to increase the height of
the side walls of the second floor; however, the building will still comply
with the Zoning Code required height limit and conform to all required
setbacks. |
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Director’s
Action Approved October 2, 2007
Application
Request
A use permit
is required when the proposed addition to a nonconforming structure is between
50%-75% of the existing gross square footage and/or an alteration of up to 75%
of the structural elements occurs within any 12 month period. The use permit
may be granted by the Planning Director in accordance with the provisions of
Section 20.91.025 of the Newport Beach Municipal Code. The application request
to permit the interior remodel and structural alterations of between 50% and
75% of the existing non-conforming duplex building is consistent with the
provisions of Section 20.91.025 of the Newport Beach Municipal Code. The
structural alterations include a request to increase the height of the side
walls of the second floor; however, the building will still comply with the
Zoning Code required height limit and conform to all required setbacks. The
property is located in the SP-6 (R-1) District.
The Planning Director, in approving this application,
reviewed issues such as the extent of the structural elements to be demolished
in relation to the total amount of structural elements of all structures on the
site. In consideration of those aspects, the Planning Director determined in this
case that the proposal would not be detrimental to persons, property or
improvements in the neighborhood and that the use permit as approved would be
consistent with the legislative intent of Title 20 of the Newport Beach
Municipal Code, and made the following findings:
FINDINGS
1.
The Land Use Element of the General Plan and Local
Coastal Program Land Use Plan designate the site for “Single-Family
Residential” use. The use of the property for residential purposes is a permitted
use within this designation. The existing duplex is a nonconforming residential
use that was consistent with the Zoning Code when it was constructed in 1960
and can continue until demolished.
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 approval of Use Permit No. UP2007-020 will not, under the circumstances of
this case, be detrimental to the health, safety, peace, morals, comfort, and
general welfare of the City for the following reasons:
·
The structural alterations and remodel will comply
with all the provisions of the R-1 District regulations, with the exception of
the nonconforming status of the building that does not comply with parking
requirements where only two-car parking is provided for the two-units on site.
·
The remodel and alterations continue to provide a
minimum of two enclosed parking spaces for the existing two-family dwelling.
4. The cost of the remodel and alteration
in comparison to the value of the existing nonconforming condition is
significant because although cost of the remodel as proposed may be high, the
cost of construction in order to bring the building into compliance with the
parking requirements of the residential district would entail the provision of
parking for the two dwelling units (two additional parking spaces) which could
only be accomplished with the removal of a large portion of the ground floor
living area. The nonconforming status with regard to density could only be
remedied by the removal of the second dwelling unit, which would result in the
loss of a substantial property attribute that cannot be replaced on site due to
the development requirements of the R-1 District which would apply to new
construction.
5. The cost of correcting the
nonconforming condition would entail the provision of parking for the two
dwelling units (two additional parking spaces) which could not be accomplished
without the removal of a large portion of the ground floor living area would
exceed the cost of the proposed alterations.
6. Retention of the nonconforming
condition is necessary to maintain reasonable use of the structure because the
entire building would have to be demolished to comply with the density
requirements of the R-1 District with the removal of the second dwelling unit.
Additionally, the remodel as proposed is contained generally within the
exterior walls of the existing structure with the exception of the removal and
replacement of the roof with a new pitched roof structure.
7. The remodel does not increase the
structure’s inconsistency with the regulations of the Zoning Code because the
remodel and structural alterations as proposed are contained generally within
the exterior walls of the existing structure, with the exception of the
extension of the second floor exterior walls and the removal and replacement of
the roof with a new pitched roof structure.
CONDITIONS
1.
Development shall be in substantial conformance with
the approved site plan, floor plan and elevations.
2.
The basis of approval of this application for
structural (not to exceed 75% of the existing structural members) and
nonstructural alterations, prohibits any floor area expansion or addition to
the existing two-family dwelling.
3.
The removal of the existing roof and the extension of
the second floor exterior building walls shall comply with all applicable
requirements of the SP-6 (R-1) District with regard to height and setbacks.
4.
Two (2) enclosed on-site garage spaces shall be
provided and remain accessible for the parking of vehicles at all times.
5.
The two-car garage shall be used for the parking of
vehicles only and not for storage purposes.
6.
All roof-top equipment shall be screened from view
from any public roadway of neighboring residential property.
7.
A Public Works Department Encroachment Permit
inspection is required before the Building Department Permit Final can be
issued. At the time of Public Works Department inspection, if any of the public
improvements surrounding the site is damaged by the private work, new concrete
curb and gutter, and alley/street pavement will be required and 100% paid by
the owner. Said determination and the extent of the repair work shall be made
be at the discretion of the Public Works Inspector.
8.
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 otherwise approved by the Public Works Department.
9.
The water meter and the sewer cleanout will be
located in the public right-of-way . If the location is to be subjected to
vehicle traffic, each shall be installed with a traffic-grade box and cover.
10.
All other utility service connections serving this
development shall be made underground.
11.
An approved encroachment permit is required for all
work activities within the public right-of-way.
12.
A City encroachment agreement is required for all
permanently installed, non-standard private improvements to be located within
the public right-of-way.
13.
This approval shall expire unless exercised within 24
months from the end of the appeal period.
APPEAL PERIOD
The Planning Director’s decision may
be appealed to the
On behalf of David Lepo, Planning Director
By:
Zoning Administrator Javier S. Garcia,
AICP
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Attachments: Letter
of Opposition: |
Appendix Vicinity
Map Applicant’s letter of Description and Justification Site
Plan, Floor Plans and Elevations T. Roettele, 1911 Court Street |
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