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MODIFICATION
PERMIT NO. MD2007-066 (PA2007-165) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-066 (PA2007-165) |
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Applicant |
Marshall Ininns
Design Goup |
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Site Address |
900 East Balboa
Boulevard |
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Legal Description |
Balboa Bay Front Tract, All of Lot 1, Block 1 and a
portion of abandoned Bay Avenue, adjacent, Tract 94 |
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On September 24, 2007,
the Zoning Administrator approved the application request to allow the alteration and remodel of between 25% and
50% of the existing gross floor area of an existing non-conforming triplex
that will be converted to a single family residence. The existing triplex is
non-conforming since it exceeds the allowable height limits. Addition and
alterations will conform to the height, setback, open space, and floor area
requirements of the current Zoning Code, with the exception of the proposed
hedge height included in this application and limited by this approval.
The property is located in the R-2 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
Detached” use. The existing non-conforming triplex will be converted to a
single-family residence allowed within the “Two-Unit Residential Detached”
designation.
2.
The existing residential
structure is consistent with this designation. 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 proposed project will convert an
existing non-conforming triplex to a single-family residence. The existing
structure is non-conforming because it exceeds the height limit allowed by the
Zoning Code. At the time of
construction in 1973, the structure complied with all Zoning Code height
requirements. All new construction will comply with the current height
requirements.
·
The Zoning code allows additions and
alterations to existing non-conforming structures between 25% and 50% of the
gross floor area, within a twelve month period, subject to the approval of a
Modification Permit.
·
The Zoning Code allows hedges and
walls in required side yards to a height of 6 feet, and in required front yards
adjacent to
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 cost of lowering the roof, or
removing and constructing a new single-family residence to comply with the
current height requirements would be cost prohibitive.
·
The subject property is a corner lot
located at the intersection of
·
The existing hedge along the westerly
side property line provides privacy, and mitigates traffic impacts associated
with headlights and views into the residential property due to the close
proximity of commercial properties located on
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 existing non-conforming triplex
will be converted to a single-family residence. Additions and alterations to
the existing structure will comply with Zoning Code standards required within
the R-2 District regarding height, gross floor area, setbacks, open space, and
parking. Additionally, the proposed project will comply with the “Residential
Design Guidelines” of the General Plan.
·
The proposed additions and alterations
to the existing non-conforming structure will not exceed 50% of the existing
gross floor area. The existing hedge will be lowered and maintained to a
maximum height between 6 and 7 feet. The granting of approvals for these
modifications to the Zoning Code are similar to and consistent with modified
and conditioned approvals granted by the Zoning Administrator, Modifications
Committee and the Planning Commission on appeal 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 alterations and additions to the existing non-conforming
structure will comply with all Building Code regulations; and all Zoning Code
standards for the R-2 District pertaining to height, parking, open-space, gross
floor area, and required setbacks.
·
The property will comply with the “Residential Design
Criteria” requirements of the General Plan.
·
There are no public views through or across the subject
property that will be affected by the proposed project or retention of the
existing hedge at a lowered height.
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.
All alterations and additions shall comply with Zoning Code
requirements regarding height, gross floor area, required setbacks, open space,
and parking.
3.
The drive apron and paved area located adjacent to
4.
The proposed project will comply with all applicable
requirements of the “Residential Design Criteria” of the General Plan.
5.
The height of the existing hedge located along the
northwesterly side property line, may be retained and shall be regularly
maintained at 6 feet in height, except during growing seasons at between 6 and
7 feet; and in no case shall it exceed a maximum height of 7 feet measured from
the adjacent sidewalk, at which time it shall be pruned down to a minimum of 6
feet high. The hedge located within the abandoned right-of-way bayward of the
centerline of
6.
A Lot Line Adjustment application shall be completed and
approved to combine the subject lot, a portion of the East Bay Avenue abandoned
right-of-way, and the submerged lot into a single parcel of land in accordance
with the provisions of Title 19, Subdivision Code. .
7.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
8.
Provide to the City a 5-foot wide easement for the existing
storm drain line on the northeasterly side of the property. A Grant of Easement
for Utilities shall be submitted to the City for review and recordation at the
9.
A sewer cleanout will be located in the public right-of-way.
If installed at a location that will be subjected to vehicle traffic, each
cleanout shall be installed with a traffic-grade box and cover.
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.
A City encroachment agreement is required for all
non-standard private improvements within the public right-of-way.
12.
The site has three existing water meters. Identify which
water meter will be used. All remaining water meters shall be abandoned per the
satisfaction of the Utilities Department.
13.
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.
14.
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.
15.
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.
16.
A building permit shall be obtained prior to commencement of
the construction.
17.
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.
18.
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. MD2007-066
PA2007-165
900 East Balboa Boulevard