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Home My WebLink AboutUP2001-009e CITY OF NPORT BEACH Application: o`` s Application PLANNING DEPARTMENT Complete: i{FORp 3300 NEWPORT BOULEVARD Date of Notice: NEWPORT BEACH, CA 92658 Date Approved: (949) 644-3200; FAX (949) 644-3250 Staff Person: Appeal Period: April 18, 2001 Application: Use Permit No. UP2001-009 (PA2001-053) Applicant: Tim Nicol, Architect Address of Property Involved: 2016 E. Ocean Front Use Permit No. UP2001-009 (PA2001-053) March 14, 2001 March 30, 2001 April 18, 2001 Javier S. Garcia, 644-3206 14 days after aunroval date Legal Description: Lot No. 5 and the easterly 15.45 feet of Lot No. 4, Block No. D, Tract No. 518 Application Request: A use permit is required when the proposed addition is between 50-75% of the existing gross square footage and/or an alteration of up to 75% of the structural elements occurs within any 12 month period. The use permit may be granted by the Planning Director in accordance with the provisions of Section 20.91.025 of the Newport Beach Municipal Code. The request includes a use permit to allow addition to a nonconforming single family dwelling of up to 75% of the existing square footage. The building is nonconforming in that it encroaches up to 1 -foot 6 -inches into the required 4 -foot side yard setbacks on both sides. additions and alterations to an existing single family dwelling that is nonconforming with regard to existing side yard setbacks. The Code requires a minimum of 4 -feet and the building currently maintains 3 -foot side yard setbacks. The new second floor construction will maintain the required 4 -foot side yard setback. Director's Action: Approved April 18 2001 FINDINGS: 1. The Land Use Element of the General Plan and Local Coastal Program Land Use Plan designate the site for "Single Family Residential" use. The existing dwelling is a permitted use within 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 approval of Use Permit No. UP2001-009 will not, under the circumstances of this Page - 2 0 0 case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the City for the following reasons: • The addition and remodel will comply with all the provisions of the R-1 District regulations, with the exception of the above approved modifications required because of the nonconforming status of the building with side yard setback encroachments. • The addition and remodel will allow for a dwelling that is similar to other structures in the neighborhood and enhance the aesthetics of the neighborhood. • The remodel and addition provides a minimum of two enclosed parking spaces for the single-family dwelling. 4. The cost of the remodel and addition is minor in comparison to the value of the existing nonconforming condition because the area of nonconformity is part of the structural integrity of the existing dwelling. 5. The cost of correcting the nonconforming condition would exceed the cost of making the addition. 6. Retention of the nonconforming condition is necessary to maintain reasonable use of the structure because the entire building would have to be demolished to comply with the setback requirements. 7. The addition and remodel does not increase the structure's inconsistency with the 'regulations of the Zoning Code because the structure meets all other development standards for the R-1 District. CONDITIONS. I. Development shall be in substantial conformance with the approved site plan, floor plan and elevations as submitted on April 18, 2001 to the Modifications Committee. 2. The roof overhangs that encroach into the side yard setbacks shall maintain a minimum side yard setback of 2 feet, unless otherwise approved by the Building Department. 3. Two (2) enclosed on-site garage spaces be provided and remain accessible for the parking of vehicles at all times. 4. The two -car garage shall be used for the parking of vehicles only and not for storage purposes. 5. All new construction shall maintain the minimum 4 -foot side yard setback. 6. This approval shall expire unless exercised within 24 months from the end of the appeal Page - 3 period. The decision of the Planning Director may be appealed by the applicant or any interested party to the Planning Commission within 14 days of the date of the decision. A filing fee of $714.00 shall accompany any appeal filed. PATRICIA L. TEMPLE, Planning Director 1 By ��/// //��' Javier S. Garcia, AICP Senior Planner Attachments: Vicinity Map WIS_1ISYS\Users\PLN\SharedlPA's1PA2001-0531UP2001-009appr.doc cc: Tim Nicol, Architect 604 Vista Lane Laguna Beach, CA 92651 property owner Robert & Elizabeth Ackerman 2007 Ashbourne Drive South Pasadena, CA 91030- 3907 Code Enforcement Officer r VICINITY MAP 7 h Subject Propert 4B1 N Y of 4. Lf) 4 N x Q 0 ,', ° ��t VICINITY MAP wE P62001-053 far MD2001-03 0 and UP2001-009 - 2016 E. Ocean Front n �ERr CITY OF NEWPORT BEACH Application: ❑ Use Permit No. p4 m COMMUNITY AND ECONOMIC DEVELOPMENT Planning Director's }� PLANNING DEPARTMENT 7�Use Permit No. 3300 NEWPORT BOULEVARD ` 0 Q G.P.A./Amendment No. NEWPORT BEACH, CA 92658 ,n , ❑ Variance No. (949) 644-3200: PAX (949) 644-3250 PART I: Cover Page Proiect Common Name (if applicable): FEES: APPLICANT (Print): CONTACT PERSON (if different): Mailing Address: 604 LLG'J IA-- K-AC114 41STA WrMiP, G� Mailing Address: Phone:" 14 _0070 Fax {�jt } 9 -� Phone: ( } Fax ( ) Property Owner (if different from above): mf,. - + M Ag��mM Mailing Ad dress: 1.00- - ASd tDON6 DF -146- $o OTR A5AJ)6t%1A GA- 81 030 - 390-1 Phone:( ) Fax PROJECT ADDRESS: to 1 & 'E-: • 4 CEA4 f PO NT Project Description (If applying for a variance, also complete attached form for required findings.): PROPERTY OWNER'S AFFIDAVIT (I) (We) depose and say that (I am) (we are) the owner(s) of the property(ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s) NOTE: An agent may sign for the owner i'written authorization from the record owner is fled with the application. w DO NOT COMPLETE APPLICATION BELOW THIS LINE FOR PLANNING DEPARTMENT USE ONLY: Indicate Previous Modifications, Use Permits, Specialty Food Service Permits, etc. General Plan Designation: Zoning District: Coastal Zone: YES or NO Date Filed: Date Deemed Complete: Posting Date: Planning Direc Date P.C. Hearin Date C.C. Hearing Fee Pd: Hearing Date: Receipt No: FIUSERSIPLNISHAREDII FORMSIUSE-APP.DOC Appeal P.C. Action Appeal C.C. Action 0 40 1I: Project Datageet ,ect Common Name: Application Number(s): Project Address/Location: Assessors Parcel Number(s): Zo[k e- oceMffOOT 046 20'7, y( Legal Description (Attach on separate sheet, if necessary): LOT s Aao PoF-rloNJ OF L -Dr 4 UDC*- D T 5l s Existing Land Use: `J F12— I Proposed Land Use: S (L Zoning District: Land Use Designation: 3 Existing Development Proposed Development Zoning Code Requirement Lot Area (so Lot Width (ft) TT e0 +,� J +480 Lot Depth (ft) O D Setback Yards Front (ft) 10, b 1 Side (ft) Side (ft) /+' 2•i 1 Rear (ft) Q t 01 Gross Floor Area (sf) (0(V +1+2;0 Floor Area Ratio 0/0 t o Building Coverage (%) Building Height (ft) Landscaping (%) Paving (%) N/A Parking Number of Employees Hours of Operation Number of seats Dwelling Units 3 PART III; Plans Each application shall be accompanied by 20 sets of plot plans, floor plans, and elevations; 8 sets shall be drawn to scale on 24 inch by 36 inch sheets with margins not less than 112 inch and 12 sets shall reduced to 11 inches by 17 inches. The required number of plans to be submitted for a Planning Director's Use Permit application is 12 sets; 4 sets drawn to scale and 8 sets reduced. All plans shall be collated, stapled and folded to a size of 8Y2" by 14", maximum. The Planning Director _may modify or waive submission requirements if deemed _unnecessm tato support the application. A. Plot Plan Plot plans shall be fully dimensioned and show the following information on the subject property and to a minimum of 20 feet on contiguous properties: • Vicinity Map. • North arrow. • Scale of the plan. ✓ • Existing and proposed property lines • Required and proposed yard setback lines. • Locations, names, dimensions, and descriptions of all existing and proposed right of way lines, dedications and easements. • Locations of existing and proposed structures, additions, utilities, driveways, walks, and open spaces. J • Any structures to be relocated, removed or demolished. • Locations, heights, and materials of existing and proposed walls and fences. ,% • Locations, dimensions and descriptions of parking areas. jC • Location, heights, size and materials of signs. • Existing and proposed grade elevations and any significant natural features. • An Information block containing the name and telephone number of the contact person and calculations in tabular form showing compliance with applicable property development regulations (i.e., density, floor area limits, height, parking, etc.) 0 . PUBLIC NOTICE 6 PA2001-053 for Modification Permit No. MD2001-030 and Use Permit No. UP2001-009 Notice is hereby given that Tim Nicol, Architect on behalf of Robert & Elizabeth Ackerman, property owners, has requested a Modification of the Zoning Ordinance to permit additions and alterations to an existing single family dwelling that is nonconforming with regard to existing side yard setbacks. The Code requires a minimum of 4 -feet and the building currently maintains 3 -foot side yard setbacks. The new second floor construction will maintain the required 4 -foot side yard setback. The request includes a use permit to allow addition to a nonconforming single family dwelling of up to 75% of the existing square footage. The property is located in the R-1 District. Property located at: 2016 E. Ocean Front This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act, Class 1 (Existing Facilities). A public hearing will be held by the Modifications Committee at 3:00 p.m. on Wednesday, April 11, 2001, in the City Council Chambers, City Hall, 3300 Newport Boulevard. All interested persons will be heard and all correspondence read at that time. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City, at, or prior to, the public hearing. The appeal period of 14 days will begin from that date, during which time any interested party or their authorized agent aggrieved of that decision may file a notice of appeal to the Planning Commission with a filing fee of $714.00 to defray the cost of the appeal procedure. For further information contact the Newport Beach Planning Department at (949) 644-3200. NOTE: The expense of this notice is paid from a filing fee collected from the applicant.