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MODIFICATION
PERMIT NO. MD2007-094 (PA2007-261) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-094 (PA2007-261) |
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Applicant |
NSC Enterprises Inc. |
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Site Address |
505 & 505 ˝
Carnation Avenue |
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Legal Description |
Lot 5 , Block 530 , Tract Corona Del Mar |
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On January 14, 2008,
the Zoning Administrator approved the application request to allow the separation of the existing two-car
garage into two, single-car garages, one for each unit. The clear interior
width of the garages will be 8 feet 6 inches where the Zoning Code requires a
minimum 9 feet 3 inches. Both parking spaces will meet the Zoning Code required
minimum clear interior depth of 19 feet. 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 “Single-Unit Residential
Detached” use.
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:
·
Separation of the existing garage is a
condition of approval of the Condominium Conversion Permit application submitted
for the subject property. The purpose of the separation is to provide each
condominium with a secure, independently accessible garage parking space. In
this case, garage separation results in parking spaces that do not meet the
code required 9-foot 3-inch width dimension. Strict application of the Zoning
Code would prohibit the garage separation.
·
The width of the proposed garage
parking spaces is adequate to accommodate vehicles.
·
Each condominium will retain two
parking spaces, equivalent to the number currently existing on the subject
property.
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:
·
Creation
of two single-car garage spaces requires the installation of a partition wall
to divide the existing two-car garage. The size of the existing garage
precludes the provision of side-by-side garage spaces that meet the minimum
width requirements of the Zoning Code.
·
Due
to the size of the existing two-car garage, this modification is necessary to
provide each future condominium with a secure, independently accessible garage
parking space.
·
The
reduced interior dimension of the proposed single-car garage spaces is a
reasonable solution given the width of the existing two-car garage.
·
In
this case, the benefit of having independently accessible single-car garages
for each unit outweighs the impact created by losing a maximum of 9 inches of
usable parking width per garage 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:
·
There will be no visible change to the
exterior of the structure because the partition wall is on the inside only.
·
The current Zoning Code requirement
for number of parking spaces is two per dwelling unit. Since four usable
parking spaces will remain on the subject property, the modification will be
compatible with the surrounding development(s).
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 overall size of the building will not be affected.
·
The width of the proposed single-car garage spaces is
adequate to accommodate vehicles.
·
Each proposed condominium unit will be provided with the
minimum number of Zoning Code required parking spaces.
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.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
3.
Each single-car garage parking space shall be a minimum 8
feet 6 inches in width. The middle 10 feet in length of the separation wall
shall be constructed with the studs turned “flat” to maximize the width of the
garage space opposite the garage bathroom location.
4.
Prior to final of the permit to separate the garage into two,
single-car garage spaces, the owner shall schedule an inspection with the Code
Enforcement Department to verify the width of each garage parking space.
5.
Each single-car garage space and carport space shall be used
and remain clear and accessible for the parking of vehicles at all times.
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.
A revision to the existing approved first floor plans shall
be submitted to the Building Department eliminating the door to the bedroom
(sleeping room) located off the garage or renaming the bedroom to “den”.
9.
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.
10.
A building permit shall be obtained prior to commencement of
the construction.
11.
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.
12.
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.
13.
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/rm
Attachments:
Vicinity Map
Appeared
in Opposition: None
Appeared in Support:
None
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Modification Permit No. MD2007-094
PA2007-261
505 & 505 ˝ Carnation Avenue