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MODIFICATION
PERMIT NO. MD2007-060 (PA2007-152) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-060 (PA2007-152) |
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Applicant |
Joyce LCM RedWillow |
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Site Address |
418 Redlands Avenue |
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Legal Description |
Lot 7, Block 24, Tract 256, First Addition to
Newport Heights |
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On August 20, 2007,
the Zoning Administrator approved the application request to permit the minor interior remodel and addition of
between 25% and 50% of the existing gross square footage of an existing
non-conforming single-family dwelling unit . The addition will conform to all
required setbacks and will connect the existing two-story single family
structure and garage located at the front of the property facing Redlands
Avenue, and the existing two-story garage and loft structure located at the
rear of the property. The single-family and garage structure at the front of
the property facing Redlands Avenue is non-conforming since it encroaches
into the required front yard setback. 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 single-family residence
and proposed addition to the 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. 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 property consists of an existing
two-story single family structure and garage located at the front of the
property facing
·
The Zoning Code allows additions to
existing nonconforming structures between 25% and 50% of the existing gross
square footage with approval of a Modification Permit. The proposed addition
will comply with all current setback standards and will connect the existing
structures to form a single-family dwelling unit.
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:
·
According
to the permit history, the original, single-family dwelling and garage structure
was constructed in its present location in 1946, and a Modification Permit was
issued in 1979 to permit two-story alterations and additions to the structure.
In 1950, a permit was issued for the garage and loft structure located at the
rear of the property.
·
The
cost of removing and reconstructing the existing non-conforming structure to
meet the required front yard 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 proposed addition to the
non-conforming structure is similar to and consistent with modified and conditioned
approvals granted by the Zoning Administrator, Modifications Committee and the
Planning Commission on appeal for addition to non-conforming structures in this
neighborhood and Citywide.
·
The structure will remain a
single-family dwelling and the construction of the new addition will comply
with the current Zoning Code requirements of height, gross floor area and
setbacks.
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 will conform to the height, gross
floor area, setback requirements and other development requirements of the R-1
District of the Zoning Code.
·
Minor alterations to the interior of the garage located in
the original structure adjacent to
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 addition to the existing non-conforming
single-family structure shall not encroach into any required setback and shall
comply with all requirements of the R-1 District of the Zoning Code regarding
height and gross square footage allowed on the property.
3.
The proposed addition shall not exceed the square footage
shown on the Modification Permit plans without further review by the Zoning
Administrator, and in no case be more than 50% of the existing gross floor area
of the on-site structures.
4.
The existing guy wire and utility pole in the alley shall be
relocated so as not to interfere with garage access. Proof of pole and guy wire
relocation shall be provided to the Public Works Department prior to issuance
of revised plans for release of building permits, unless approved by the Public
Works 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.
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
20.93.055 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
Opposition Letter: W. Higman,
Appeared
in Opposition: W. Higman and K Higman,
Appeared in Support:
E. Hart, Balboa Coves
C.
Christine,
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Modification Permit No. MD2007-060
PA2007-152
418 Redlands Avenue