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MODIFICATION
PERMIT NO. MD2007-045 (PA2007-106) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-045 (PA2007-106) |
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Applicant |
LS Architects |
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Site Address |
518 South Bay Front |
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Legal Description |
Balboa Island Resubdivision, Section 1, Block 4, Lot
4 |
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On June 25, 2007,
the Zoning Administrator approved the application request to allow the alteration and remodel of an existing
non-conforming duplex to convert the structure to a single family dwelling.
The existing duplex is and will remain non-conforming because it encroaches
into the required front and side yard setbacks and exceeds the allowable
floor area. Zoning Code provisions allow the structural alteration of
non-conforming structures up to 25% by right and up to 50% in conjunction
with the review and approval of a Modification Permit. The
property is located in the R-1.5 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 “Two Unit Residential”
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) and Class 2 (Replacement
or Reconstruction).
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 existing duplex and garage, constructed in its present
location prior to 1957, is non-conforming because it encroaches into the side
yard setbacks and exceeds the square footage allowed for an R-1.5 property.
·
Zoning Code provisions allow structural alterations to
non-conforming structures to 25% by right and from 25% to 50% with the approval
of a Modification Permit.
·
The proposed alteration and remodel will convert the
existing duplex to a single-family dwelling, and 39 square feet of habitable
space will removed from the structure. The roof will be altered by the addition
of dormers which will not add living area square footage to the structure and
will comply with Zoning Code height and setback requirements.
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 is inconsistent with the purpose and
intent of the Zoning Code for the following reasons:
·
The
non-conforming duplex has existed in its present location for more than 50
years and the cost of removing and reconstructing the structure 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
subject non-conforming structure is located on
·
The
proposed alteration and remodel of the non-conforming structure is similar to
and consistent with modified and conditioned approvals granted by the
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 alteration and remodel of the existing
non-conforming structure will reduce the density of the property and provide
the zoning code required number of parking spaces for a single-family dwelling
unit.
·
The proposed alteration of the roof will reduce the
non-conformity of the existing roof overhangs.
·
The proposed alteration and remodel will comply with all
Building Code requirements, upgrade the structure for fire and safety, and comply
with the Residential Design Criteria guidelines required by the Newport Beach
General Plan.
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 proposed alteration of the roof and addition of dormers
will not add to the habitable square footage of the structure. The dormer
additions and overhangs will comply with all setback and height requirements of
the Zoning Code, unless otherwise approved to remain in their present location
by the Planning Department.
3.
All un-permitted encroachments within the South Bay Front
public right-of-way shall be removed.
4.
The proposed alteration and remodel shall comply with all
Building Code requirements for new and replacement siding, and new windows and openings shall not be permitted
within 3 feet of the property lines, unless otherwise approved by the Building
Department.
5.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
6.
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.
7.
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.
8.
A building permit shall be obtained prior to commencement of
the construction.
9.
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.
10.
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.
11.
This approval shall expire unless
exercised within 24 months from the approval date, as specified in Section
20.93.055 of the Newport Beach Municipal Code. Prior to the expiration date of
this approval, an extension may be approved in accordance with Section
20.93.055 (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
Attachments:
Vicinity Map
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Modification Permit No. MD2007-045
PA2007-106
518 South Bay Front