HomeMy WebLinkAboutAppeal of Modification Permit #2005-049 (PA2005-082)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
August 4, 2005
TO: PLANNING COMMISSION
FROM: Brandon Nichols, Assistant Planner
(949) 644 -3234, bnichols @city.newport- beach.ca.us
SUBJECT: Appeal of Modification Permit No. 2005 -049 (PA2005 -082)
APPELLANT: Commissioner Michael Toerge
ISSUE:
Should the Planning Commission overturn the Zoning Administrator's approval of a
Modification Permit allowing the division of an existing two car garage into, 2 single car
garages with substandard garage stall widths.
RECOMMENDATION:
Staff recommends that the Planning Commission uphold the decision of the Zoning
Administrator.
DISCUSSION:
On June 27, 2005, the Zoning Administrator approved the applicant's request for a
Condominium Conversion Permit and the related Modification Permit for substandard
parking stall width. As a condition of the condominium conversion, the applicant was
required to separate the existing two -car garage into single car- garages with individual
roll -up garage doors (Exhibit No.1). The purpose of the separation is to provide a
secure, independently accessible, single garage parking space for each of the proposed
condominium units. Separation of the existing two car garage into single car garages
requires the installation of a dividing wall that reduces the interior width of each garage
space to 8 -feet 9- inches. Section 20.66.040 of the municipal code requires that
individual single car garage spaces have an interior clear width of 9 -feet 3- inches. To
provide the required dimension, the overall width of the existing garage would have to
be increased. Based upon the design of the structure, expansion of the existing garage
was considered infeasible by the applicant and a Modification Permit was requested to
allow the decreased stall width. It was the Zoning Administrator's determination that the
findings required to approve the Modification Permit could be met, and the Zoning
Toerge Appeal
August 4, 2005
Page 2
Administrator approved Modification Permit 2005 -049 (Modification Permit No. 2005-
049, Exhibit No. 2).
On July 7, 2005, Commissioner Toerge duly filed an appeal of Modification Permit
2005 -049. The appellant contends that the benefit to the project and the neighborhood
of creating the required 9 -foot 3 -foot stalls may justify the added expense required to
expand the existing garage. Additionally, the appellant states that narrowing the garage
spaces may discourage their utilization as spaces for the parking of vehicles.
As a condition of approval of a condominium conversion, staff requires the separation of
two -car garages to provide each condominium unit with an independently accessible
garage space. The garage separation can result in garage stall widths that are
adequate for the parking of vehicles, yet do not meet the 9 -foot, 3 -inch width
requirement. If the interior dimensions of an existing garage cannot be widened, a
Modification Permit is processed to approve the reduced stall width. Staff recognizes
that, in certain cases, structural alterations can be made to widen the overall parking
area thereby providing the required parking dimensions. However, when alterations
cannot be made, it is staffs opinion that the benefit of providing each unit with a safe,
independent garage space outweighs the impacts of slightly reducing the width of the
resultant spaces.
In this case, expansion of the garage was not considered feasible due to the design of
the existing structure. The existing two car garage is accessed from the side of the
property and is located in the center of the structure between the two units (Exhibit 4).
To accommodate an increase in width, existing load bearing garage walls would need to
be moved resulting a loss of living area and any associated plumbing, electrical, or
HVAC systems would have to be removed and relocated as well. The physical hardship
and loss of livable space associated with this alteration was considered to be
justification for the approval of the Modification Permit. Additionally, it is staffs opinion
that the resultant 8 -foot 9 -inch parking spaces are functional for the parking of vehicles.
At the last meeting, the Planning Commission considered a similar appeal ( Saywitz —
5005 River .Avenue) related to the Zoning Administrator's requirement to widen a
garage. The difference between these two cases is that the Saywitz garage widening
did not reduce livable area and this case does. The loss of livable area is the hardship
that tipped the balance in favor of approval of this application this case.
The garage can remain unchanged and the project can proceed as the Municipal Code
does not explicitly require separation of a two -car garage with a condominium
conversion. However, similar partition walls are frequently installed by future
condominium owners, often without benefit of permits. Additionally, if a future owner
seeks to divide the garage legally, the physical and economic impact of any structural
alteration and/or Modification Permit shifts from the condominium converter to the
condominium purchaser. Physical separation of the garage also alleviates safety and
privacy issues that can arise from a shared garage. In order to avoid these situations,
Toerge Appeal
August 4, 2005
Page 3
staff required the garage to be separated. The authority to require the separation rests
in the ability.to make the required findings for the Condominium Conversion. Section
19.64.070(1) requires the approving authority to find that the conversion would not be
detrimental to the safety, peace, comfort, or general welfare of persons residing in the
community. The Zoning Administrator cannot make this finding without the provision of
a safe, secure, independently accessible garage space to each unit.
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared on the
agenda for this meeting, which was posted at City Hall and on the city website.
Alternatives:
The Planning Commission has two readily identifiable options, although others may
exist.
Uphold the appeal, thereby denying the modification. This alternative would
require the applicant to make changes to the existing structure in order to
separate the garage and provide the required parking stall width. If the
applicant is unable or unwilling to modify the structure the conditions of
approval of the Condominium Conversion Permit could not be met.
2. Uphold the appeal and remove Condition No. 10 from the Condominium
Conversion Permit. This scenario would allow the condominium conversion to
proceed with no alteration of the existing garage.
Prepared by: Submitted by:
TW For
Brandon Nichols, Assistant Planner
EXHIBITS
PaIA tAa
Patricia L. Temple, PI nning Director
1. Approval letter for Condominium Conversion Permit No. CC2005 -008 (PA2005 -082)
2. Approval letter for Modification Permit No. MD2005 -049 (PA2005 -082)
3. Appeal letter
4. Original Plans
June 27, 2005
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
(949) 644.3200 FAX") 644 -3229
David Graves
2620 Canto Rompeolas
San Clemente, CA 92673
Application No:
Applicant:
Address of
Property Involved:
Legal Description:
CONDO CONVERSION CC2005-008
(PA2005 -082)
Staff Planner. Javier S. Garcia, 644 -3206
Appeal Period: 14 days after decision date
Condominium Conversion No. CC2005 -008
(PA2005 -082)
David Graves
701 Begonia Avenue
Lot 1, Block 729, Corona Del Mar Tract
Approved as Requested:
Conversion of an existing residential duplex into condominiums. Each unit will be
provided a single -car garage parking space. The properly is located in the R -2 District.
On June 27. 2005, the Zoning Administrator approved the application request based on
the, ollowing findings and subject to the following conditions.
In this case, the Zoning Administrator determined. that the proposal would not be
detrimental to persons, property or improvements in the neighborhood. The approved.
condominium conversion is consistent with the legislative intent of Title 20 of the Newport
Beach Municipal Code based on the following findings:
FINDINGS:
As conditioned, the project will substantially comply with all applicable standard
plans and specifications, adopted City and State Building Codes, and zoning
requirements for new buildings related to the district in which the proposed project
is located at the time of original construction.
2. The project is consistent with the adopted goals and policies of the Land Use
Element and other Elements of the General Plan and the Local Coastal Program
Land Use Plan.
5
EXHIBIT 1
3. The design of the development will not conflict with any easements acquired by the
public-at -large for access through or use of property within the proposed
development.
4. Public improvements may be required of a developer per Section 19.28.010 of the
Municipal Code.
5. 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 15, Minor Land Divisions.
6. The plumbing system, as approved, will be in substantial compliance with the City
of Newport Beach Plumbing Code. The clean -out, as required, will be installed in
such a way that it will meet the intent of the requirements of the City.
7. The establishment, maintenance or operation of the use or building applied for will
not, under the circumstances of this particular case, be detrimental to the health,
safety, peace, comfort and general welfare of persons residing or working in the
neighborhood of such use or be detrimental or injurious to property and
improvements in the neighborhood or the general welfare of the City.
CONDITIONS:
The project shall be in substantial conformance with the submitted plot plan, floor
plans and elevations, except as noted below.
2. No more than two (2) dwelling units shall be permitted on the site.
3. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal
Code or other applicable section or chapter, additional street trees may be
required and existing street trees shall be protected in place during construction of
the subject project, unless otherwise approved by the General Services
Department and the Public Works Department through an encroachment permit or
agreement.
4. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
5. Each of the tenants of the proposed condominium shall be given 180 days' written
notice of intention to convert, prior to the termination of tenancy due to the
proposed conversion.
6. Each of the tenants of, the proposed condominiums shall be given written
notification within 10 days of the approval of the condominium conversion permit
establishing the proposed condominium conversion. Proof of said notification shall
be provided to the Planning Department.
June 27, 2005
FA1JSERSIPLN1Shared\PAVPAs - 20051PA2005- 0821CC2005 -008 appr.doc �y
Page2
7. Each of the tenants of the proposed condominium shall be given notice of an
exclusive right to contract for the purchase of their respective units upon the same
terms and conditions that such units will be initially offered to the general public or
terms more favorable to the tenant. Such right shall run for a period of not less
than 90 days from the date of issuance of the subdivision public report (Section.
11018.2 of the Business and Professions Code), unless the tenant gives prior
written notice of his or her intention not to exercise the right. Prior to final of the
condominium conversion permit, the applicant shall provide a copy of the written
verification forwarded to the tenants, and said verification shall be presented to the
Planning Department.
8. The number of off - street parking spaces, required at the time of the original
construction, shall be provided on the same property to be converted to
condominium purposes. The design and location of such parking shall be in
conformance with the residential provisions of Title 20 of the Municipal Code.
9. At least one garage parking space per dwelling unit shall be provided and
maintained clear of obstructions for the parking of vehicles at all times.
10. Separation of the two -car garage into two single -car garages shall require approval
of a building permit. The separation shall comply with approved modification permit
for substandard parking stall width.
11. The existing electrical service connection shall comply with the requirements of
Chapter 15 of the Newport Beach Municipal Code; specifically, that each unit will
have a minimum 100 -amp service.
12. Each dwelling unit shall be served with an individual water service to the public
water system, and shall maintain a separate water meter and water meter
connection. This work shall be completed prior to final of the condominium
conversion permit.
13. The applicant shall separate the building sewers within the building from each unit.
14. The sewer service shall be separated so that each unit is served with a sewer
lateral connection to the public sewer system with a clean -out to grade at the
property line. If there is evidence that sewage is leaking from the facility or if it is
substandard, the existing sewer lateral shall be replaced. Said work shall be
completed under an encroachment permit issued 'by the Public Works
Department, unless otherwise approved by the Utilities Department and the
Building Department. This work shall be completed prior to final of the
condominium conversion permit.
15. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
16. Smoke detectors shall be provided in each bedroom.
June 27, 2005
F:IUSERSIPLN1Shared\PA's1PAs - 20051PA2005-0825CC2005 -008 apprAcc
Page3
16. Smoke detectors shall be provided in each bedroom.
17. The corrections listed by the Building Department in the special inspection report
shall be made prior to final of the condominium conversion permit.
18. The exterior wall surfacing shall be made weather -tight as required by the Uniform
Housing Code.
19. The property owner shall provide information to the Building Department that the
roof is a Class C fire retardant roof as certified by a roofing contractor.
20. The building permit obtained from the Building Department in order to convert the
subject residential units into condominiums shall be finaled after the Parcel Map
for Condominium Purposes has been recorded with the County of Orange and all
conditions of approval have been completed and verified by the Planning
Department.
21. This approval shall expire unless exercised within 24 months from the date of
approval, as specked in Section 20.93.055 of the Newport Beach Municipal Code.
Appeal Period
The decision of the Zoning Administrator may be appealed to or by the Planning
Commission within 14 days of the decision date. Any appeal filed shall be accompanied
by a $975 filing fee. No building permits may be issued until the appeal period has
expired.
ZONING ADMINISTRATOR
By
Senior Plariner Javier S. Garcia, AICP
Zoning Administrator
JSG:bsn
Attachments: Vicinity Map
Special Inspection Report
Appeared in
Opposition: None
Appeared in
Support: None
c:
property owner
Marcelo Dworcak
701 Begonia Avenue
Corona del Mar, CA 92625
June 27, 2005
FAUSERSIPLN1Shared\PXs1PAs - 20051PA2005-0821CC2005 -008 appr.doc
Page4
Condominium Conversion Permit No. CC2005 -008 and
Parcel Map No. NP2005 -020 - PA2005 -082
701 Begonia Avenue
I
June 27, 2005
MODIFICATION PERMIT NO. MD 200"
(PA2005 -082)
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
(949) 644.3200 FAX (949) 644 -3229
David Graves
2620 Canto Rompeolas
San Clemente, CA 92673
Application No:
Applicant:
Site Address:
Legal Description
Approved as Requested:
Staff Planner: Javier S. Garcia, 644 -3206
Appeal Period: 14 days after decision date
Modification Permit No. MD2005 -049
(PA2005 -082)
David Graves
701 Begonia Avenue
Lot ,1 Block 729, Corona Del Mar Tract
To allow the division of a two -car garage into two single -car garages with a clear interior
width of 8 -feet 9- inches where the Zoning Code requires a minimum of 9 -feet 3- inches.
The modification facilitates the provision of separate single -car garages to each
condominium unit. The property is located in the R -2 District.
On June 27. 2005, the Zoning Administrator approved the application request based on
the following findings and subject to the following conditions.
In this case, the Zoning Administrator determined that the proposal would not be
detrimental to persons, property or improvements in the'neighborhood. The modification,
as approved, would be consistent with the legislative intent of Title 20 of the Newport
Beach Municipal Code based on the following findings:
FINDINGS:
The Land Use Element of the General Plan and the Local Coastal Program Land
Use Plan designate the site for "Two- Family" residential, use. The two -unit
condominium development is consistent with this designation.
J�
EXHIBIT 2
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, would be consistent with the
legislative intent of Title 20 of the Newport Beach Municipal Code. Also, 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 width of the proposed single -car garage parking spaces is adequate
to accommodate motor vehicles.
• Each condominium will be provided one garage parking space.
• The reduced interior dimension of the two single -car garages is a
reasonable solution due to the interior width of the existing side access
garage.
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:
• Condominium ownership can trigger the desire for private garage spaces,
often leading to the separation of existing two -car garages into individual
garage spaces.
• The existing two car garage is accessed from the side of the property and
its location in the center of the structure precludes expansion of its interior
dimensions. The interior width of the existing garage is not enough to
allow division into two single -car garages that comply with the required
interior width dimension of 9 -feet 3- inches.
5. In accordance with the provisions of Chapter 20.93, the requested modification will
be compatible with existing developments in the neighborhood for the following
reasons:
• There will be no visible exterior difference because the separation wall is
on the inside only.
• There will be two usable parking spaces for the two condominiums, thus
reducing the demand for on- street parking by the owners.
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:
June 27, 2005
I:\USERSIPLN\Shared \PA's\PAs - 2005\PA2005- 0821MD2005 -049 appr.doc }
Page 2
• The width of the garages will not prohibit the ability of two vehicles to be
parked on -site.
• The overall size of the building will not be affected.
7. The proposed garage widths will not affect the flow of air or light to adjoining
residential properties because:
• It will not be visible.
• There will be at least six feet between residential structures on
neighboring lots.
8. The proposed garage widths will not obstruct public views from adjacent public
roadways or parks because:
• There are no public views through or across the subject property that are
affected by the proposed project.
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 of the two single -car garage parking spaces shall have a minimum clear
interior width of 8 -feet 9- inches.
3. The garage parking spaces shall remain accessible 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. 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.
6. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal
Code or other applicable section or chapter, additional street trees shall be
provided and existing street trees shall be protected in place during construction
of the subject project, unless otherwise approved by the General Services
Department and the Public.Works Department through an encroachment permit
or agreement if required.
7. A building permit shall be obtained prior to commencement of the construction.
June 27, 2005
1:\USERS\PLN\Shared\PA's \PAs - 2005 \PA2005 - 082 \MD2005 -049 appr.doc 1
Page 3 1
8. 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.
9. This approval shall expire unless exercised within 24 months from the date of
approval, as specified in Section 20.93.055 of the Newport Beach Municipal Code.
An extension may be approved prior to the expiration date of this approval, in
accordance with Section 20.93.055 (B) of the Newport Beach Municipal Code.
APPEAL PERIOD
The Zoning Administrator's decision may be appealed to the Planning Commission within
14 days of the action date. A $ 975.00 filing fee shall accompany any appeal filed. No
building permits may be issued until the appeal period has expired. A copy of the
approval letter shall be incorporated into the Building Department set of plans prior
to issuance of the building permits or issuance of revised plans.
By:
Senior PI nner Javier S. Garcia, AICP
Zoning Administrator
JSG:
Attachments:
Appeared in
Opposition:
Appeared in
Support:
Vicinity Map
None
None
cc:
property owner
Marcelo Dworzak
701 Begonia Avenue
Corona del Mar, CA 92625
June 27, 2005 l�
(:\USERS \PLN \Shared \PA's \PAs - 2005 \PA2005 - 082 \MD2005 -049 appr.doc l
Page 4
CONDOMINIUM CONVERSION PERMIT NO. CC2005 -008, MODIFICATION NO. MD2005 -049 AND
PARCEL MAP No. NP2005 -020 - PA2005 -082
701 Begonia Avenue
15
MICHAEL L. TOERGE
2524 OCEAN BOULEVARD
CORONA DEL MAR, CA 92625
(949) 675 -9312 TEL
(949) 723 -1550 FAX
July 7, 2005
PATRICIA TEMPLE
PLANNING DIRECTOR
CITY OF NEWPORT BEACH
PO BOX 1768
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658 -8915
RE: MODIFICATION PERMIT NO. MD2005 -049 (PA2005 -082)
Dear Patty:
Pursuant to the provisions of Chapter 20.95 of the Zoning Code, I would like to appeal the Zoning
Administrator's approval of the above referenced modification permit to the Planning Commission.
I initiate this appeal on the grounds that the proposed design does not comply with the requirement
to provide single garage spaces of a minimum 9'3" in width. While the solution to comply with the
9'3" width requirement may create a financial impact to the project, its result may be sufficient to
justify the added expense. Further, the narrowing of the width of single car garage spaces has the
potential to render them less effective and less utilized as parking for automobiles than those that
comply with the minimum width requirement. This has the potential to render the property
detrimental to the general welfare of property in the neighborhood.
Thank you for your consideration.
Regards,
Michael Toerge
EXHIBIT 3
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