HomeMy WebLinkAbout1663 - APPROVE MD_329 MARGUERITE AVERESOLUTION NO. 1663
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. 2005-
014 FOR PROPERTY LOCATED AT 329 MARGURITE AVENUE
(PA2005 -050).
WHEREAS, an application was filed by Downey Development Company
requesting approval of a Modification Permit to allow architectural features to be added
to a 7 -unit apartment building located at 329 Marguerite Avenue in Corona del Mar to
encroach within setbacks.
WHEREAS, the Land Use Element of the General Plan and the certified Local
Coastal Program, Land Use Plan designate the project site as Multi- family Residential
and the site is zoned MFR (Multi - Family Residential).
WHEREAS, A public hearing was held on April 7, 2005 at 6:30 P.M. in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice
of the time, place and purpose of the meeting was given in accordance with the
Municipal Code. Evidence, both written and oral, was presented to and considered by
the Planning Commission at the meetings.
WHEREAS, The Planning Commission made the following findings:
1. The granting of the application is necessary due to the location of the existing building
being located within setbacks. The proposed architectural features extend only 8 to 12
inches from the existing walls and are minor in nature. Strict application of the setback
standard would result in the inability to enhance the exterior of the building in a manner
depicted in the conceptual drawings reviewed and approved by the City. Enhancement
of the exterior of the building has been deemed consistent with the general intent and
purpose of the Zoning Code to promote and protect the general welfare of the City in
exchange for the privilege of converting the building for condominiums through the
approval of Planning Activity 2004 -137 by the City Council on November 23, 2004.
2. The encroachment of architectural features within setbacks as depicted in the project
plans create architectural relief making the overall enhancement of the exterior of the
building consistent with the neighborhood in that it enhances the design and
attractiveness of the building.
3. The proposed encroachments are not located in such a way as to block vehicle sight
distance or impinge upon public walkways. The overall mass and scale of the
building will not remarkably change by allowing the proposed architectural features
to encroach within setbacks. Lastly, the added architectural relief enhances the
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 3
exterior of the building and therefore, the general welfare of the neighborhood is not
negatively affected.
WHEREAS, the project is exempt from environmental review pursuant to Section
15301 (Existing Facilities) of the implementing Guidelines of the California Environmental
Quality Act. This exemption allows the alteration of existing facilities including interior and
exterior alterations and utility conveyances provided there is no expansion of the use. The
project consists of the conversion of an existing apartment building to condominiums and
only minor interior and exterior improvements are planned and no expansion in the
number of units is proposed.
NOW, THEREFORE, BE IT RESOLVED
Section 1. Based on the aforementioned findings, the Planning Commission
hereby approves Modification Permit No. 2005 -014 subject to the conditions of approval
set forth in Exhibit "A ".
Section 2. This action shall become final and effective fourteen (14) days after
the adoption of this Resolution unless within such time an appeal is filed with the City Clerk
in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach
Municipal Code.
ADOPTED THIS 7th DAY OF APRIL 2005.
AYES: Cole, Eaton, Hawkins, McDaniel,
Selich, Toerae, Tucker
NOES:
ABSENT:
BY:
Larry Tucker, Chairman
BY: _
Jeff WW, , Secretary
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 3
Exhibit "A"
MODIFICATION PERMIT NO. 2005-014
1. The project shall be in substantial conformance with the plans submitted to the
Planning Commission for review on April 7, 2005.
2. A building permit shall be obtained prior to commencement of the construction and
said building permit shall comply with all other applicable codes.
3. 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, unless an
extension is approved prior to the expiration date of this approval, in accordance with
Section 20.93.055 (B) of the Newport Beach Municipal Code.
01PAs - 20051 PA2005- 040\MD2005- 014_PC_reso.doc