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MODIFICATION
PERMIT NO. MD2007-072 (PA2007-192) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-072 (PA2007-192) |
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Applicant |
Catherine Ann Wiley |
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Site Address |
117 38th Street |
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Legal Description |
Lot 23, Block 38 , River Section Tract |
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On October 22, 2007,
the Zoning Administrator approved the application request to allow the proposed interior clear width of two
single-car garages at 8-feet 9˝-inches, where the Zoning Code requires a
minimum clear interior width of 9-feet 3-inches. The proposed configuration
will provide an individual garage and carport space for each of the proposed
condominium units. Since the proposed duplex is located on a 25-foot wide lot
and is 19 feet wide, the required garage single parking space width cannot be
achieved. 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 proposed duplex 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 3 (New Construction or Conversion of Small
Structures).
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 a 25-foot wide
lot fronting
·
The Zoning Code requires a duplex to provide two parking
spaces per dwelling-unit. One space per dwelling-unit must be covered and have
a width of at least 9-feet 3-inches and a depth of 19 feet.
·
The design of the proposed two single-car garage spaces is a
logical use of the property since the spaces will meet the depth requirements of the Zoning Code, and the
sub-standard width will be adequate to accommodate vehicles.
·
Each
of the two units will have a tandem carport space which will meet the Zoning
Code requirements for width and depth.
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
width of the subject lot precludes the provision of side-by-side, single-car
garage spaces that meet the minimum width requirements of the Zoning Code.
·
Strict
application of the Zoning Code would prohibit the garage separation and future
condominium owners would be forced to share a two-car garage.
·
In
this case, the benefit of having secure, independently accessible garage spaces
for each dwelling unit outweighs the impact created by allowing the
sub-standard width for each space.
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:
·
All other portions of the proposed
structure will comply with Zoning Code requirements regarding setbacks,
buildable square footage, height and open space.
·
Granting the request to allow the
sub-standard width of the single-car garage spaces is consistent with modified
and conditioned approvals granted by the Zoning Administrator and Modifications
Committee for proposed new construction of duplex structures on 25-foot lots
within this neighborhood and throughout the City.
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 sub-standard width of the single-car garage spaces is
adequate to accommodate the parking of vehicles.
·
The proposed development will provide
two parking spaces per dwelling unit and will comply with all Zoning Code
requirements regarding height, setbacks, buildable area, and open space.
·
The proposed development will comply with all Building Code
regulations.
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.
Each single-car garage space shall be a minimum of 8-feet 9 ˝
inches in width and 19-feet in length.
3.
A total of four parking spaces shall be maintained free and
clear of all obstructions within, or projections into each space and shall be
maintained for the parking of vehicles at all times.
4.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
5.
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.
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.
Per City water quality requirements,
bottomless trench drains shall be installed on the private-side of the property
line across the width of the carport to retain non-storm, on-site runoff to the
site. The routing of on-site runoff through planted areas is encouraged.
12.
All above ground improvements shall
stay a minimum 5-foot clear of the alley setback.
13.
Each unit shall be served by its
individual water meter and sewer lateral and cleanout. Each water meter and
sewer cleanout shall be installed with a traffic grade box and cover.
14.
The columns located near the back of
the carport stalls shall be shifted 2 feet toward the garage to ease access to
the parking areas.
15.
The current configurations of the
doors to the garage are swinging inward to a substandard parking space. The
doors shall be reconfigured to open away from the parking space.
16.
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
Attachments:
Vicinity Map
Appeared
in Opposition: None
Appeared in Support:
None
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Modification Permit
No. MD2007-072
PA2007-192
117
38th Street