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MODIFICATION
PERMIT NO. MD2007-073 (PA2007-202) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-073 (PA2007-202) |
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Applicant |
Hollie Keeton |
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Site Address |
300 Rialto Street |
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Legal Description |
Lot 1 and the Southwesterly one-half of Lot 2, Block
236 of Canal Section |
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On January 14, 2008, the Zoning Administrator
approved the application request to permit the remodel and addition of between 25%
and 50% of the existing gross square footage of an existing non-conforming
single-family dwelling unit. The proposed additional gross square footage
conforms to all required setbacks. The existing single-family structure is
non-conforming due to a single non-standard size parking space, and the
building encroaches into the required front and northeasterly side setbacks.
The remodel and addition will result in the expansion of the existing garage
creating a two-car garage with clear interior parking space dimensions of 16
feet 9 inches wide by 20-feet ˝-inch deep. 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”
use. The existing single family residential
structure is consistent with this designation. The proposed addition does not
change the use of the structure.
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 existing single family structure
is nonconforming due to providing a single substandard size parking space and
the structure encroaches into the required front yard and northeasterly side
yard setbacks. The proposed remodel will create the minimum required two-car
garage parking spaces deficient in width by 9 inches.
·
Chapter 20.62 of the Zoning Code
permits existing legal nonconforming structures to additions that increase up
to 25 percent of the existing gross floor area by right.
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 reason:
·
The
Zoning Code permits the addition to an existing legal nonconforming structure of
up to 50 percent of the gross floor area with the approval of a Modification
Permit.
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 gross square footage of
the structure is less than the maximum square footage allowed by the Zoning
Code for the subject property and is consistent with the surrounding
neighborhood as well as similar land uses throughout the City.
·
Granting the request of a square
footage addition of up to 50 percent of the gross floor area is a suggested
option by the Zoning Code and is consistent with modified and conditioned
approvals granted by the Zoning Administrator and the Modifications Committee
within the 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 minimum open space requirement of 5,040 cubic feet will
be provided within the buildable area of the property.
·
The addition of 1,139 square feet creates a single family
residence with a total gross floor area within the maximum limits allowed by
the Zoning Code for the subject property.
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.
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.
4.
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.
5.
The proposed addition and related work shall comply with the
California Building Code and all adopted local amendments.
6.
The additional square footage shall not exceed a 50 percent
increase of the existing gross square footage and shall maintain all required
setbacks excluding the proposed second floor deck and terrace which will
encroach a maximum 8 inches into the front year setback.
7.
The proposed addition causes exterior structural member
alterations that are greater than 50 percent but less 75 percent. Therefore, a
Planning Directors Use Permit shall be obtained to allow the exterior
structural member alterations to be greater than 50 percent but less than 75
percent, prior to issuance of building permits.
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.
Coastal Commission approval shall be obtained prior to
issuance of the building permits and a copy of the approval letter from Coastal
Commission shall be incorporated into the Building Department and field sets of
plans.
10.
The building permits obtained shall provide for the removal
of an interior wall on the first floor between bedroom three extension and
living room extension that was done prior to this application without a permit.
The wall is shown and labeled on the existing first floor plan.
11.
A building permit shall be obtained prior to commencement of
the construction.
12.
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.
13.
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.
14.
There are private encroachments in a triangular piece of
land surrounded by
15.
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:msg/rm
Attachments:
Vicinity Map
Appeared
in Opposition: None
Appeared in Support:
None
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Modification Permit No. MD2007-073
PA2007-202
300 Rialto Street