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Home My WebLink AboutMD2001-002 �C SEW P CITY OF NEWPORT BEACH e� r P.O. BOX 1768, NEWPORT BEACH,CA 9265&8915 PLANNING DEPARTMENT (949) 644-3200 MODIFICATION PERMIT (CORRECTED) February 20, 2001 Harry Berkowitz 480 Old Newport Blvd.,#B Newport Beach, CA 92663 Application No: PDA2001-002 for MOD 2001-002 Applicant: Harry Berkowitz Address of Property Involved: 1229 W. Balboa Blvd. Legal Description: Lot No. 17,Block No. 12, Tract No. 234 Request as Modified and Approved.- To allow the partitioning of an existing three-car garage into a two-car tandem garage and single car garage. The center portion (minimum 9-feet wide) of the right side wail of the single car garage, shall be reduced in thickness to provide additional clear width (minimunt 9-feet 2-inch clear width) for the garage at the critical part of the parking space. The remaining portions of the single car garage shall maintain a minimum interior width of 9 feet. The two-car tandem garage shall provide a minimum clear inside dimension of 9-feet 3 inches wide by 35 feet deep, as required by Title 20 (Newport Beach Municipal Code). Also allowed, is the 6-foot encroachment into the required 10-foot front yard setback by the proposed 6-foot high block wall/wrought iron fence. The structure shall be limited to 3 feet of solid block with 3 feet of open wrought iron fence mounted on top. Original Request. To allow the partitioning of an existing three-car garage into a two-car garage and a single- car garage. The single car garage is 9 feet 0 inches wide where the Code required width is feet 3 inches clear interior. Also included in the application is a request to permit a 6 foc t high block wall/Wrought iron fence, with the upper 4 feet of at least 40 percent open construction, to encroach 6 feet into the required 10 foot front yard setback where the Code permits walls/fences up to a maximum 5 feet high with the upper 3 feet of at least 40 percent open construction. 3300 Newport Boulevard, Newport Beach r February 20, 2001 Page- 2 Dear Mr. Berkowitz: The Modifications Committee, on January 24, 2001, voted 3 ayes and 0 noes to approve the application request as modified based on the following findings and subject to the following conditions. FINDINGS: The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municip 31 Code, and made the following findings: 1. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for"Two Family"residential use and the existing residential stricture is consistent with 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 3 (New Construction or Conversion of Small Structures). 3. The modification to the Zoning Code as proposed would be consistent with the 1 'slative intent of Title 20 of the Newport Beach Municipal Code and is a logical use of the property that would be precluded by strict application of the zoning requirements for this District for the following reason(s): • The decrease in clear parking width is minor in nature since the width I as been increased at the critical portion of the parking space. • The clear inside dimensions of the single-car garage is adequate to accomr.iodate a vehicle. • The wall/fence modification is minor in nature and designed to meet Jniform Building Code requirements for guardrail/handrail. 4. The modification to the Zoning Code as proposed will not be detrimental to persons, property or improvements in the neighborhood or increase any detrimental effe t of the existing use for the following reason(s): • Four parking spaces are provided to serve the two dwellings in accordance with the Newport Beach Municipal Code. February 20,2001 Page- 3 • The reduced interior dimensions of the garage will not reduce the access or the ability to utilize the parking space. • The modification to permit one additional foot of open wrought iron fence in the front yard setback will not impact sight distance from any street, alley or driveway. 5. The proposed modification will not affect the flow of air or light to adjoining residential properties because: • The request for a reduction in clear parking area is within the required setbacks specified by the Newport Beach Municipal Code. • The additional one-foot of wrought iron fence is of open construction and will not affect the flow of light and air to the neighboring property. 6. The proposed modification will not obstruct views from adjoining residential properties because: • The modification to the clear parking width is located within the structure And not visible to the public. • There are no views from this location that will be negatively affected. 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. The center portion (minimum 9 feet wide) of the right side wall of the single car garage, shall be reduced in thickness to provide additional clear width (minimum 9-fee 2-inch clear width) for the garage at the critical portion of the parking space. 3. A building permit shall be obtained prior to commencement of the construction. 4. A minimum of four parking spaces (one single-car garage, a two-car tandem garage and one partially covered parking space) shall be maintained on the subject property for the parking of vehicles at all times. 5. The block wall/wrought iron fence encroachment shall consist of 3 feet of block w with 3 feet of open wrought iron fence mounted on top and be a maximum 6 feet in height. 6. The wall/fence encroachment shall maintain a four-foot setback from the front (West Balboa Blvd.) property line. 40 February 20, 2001 Page-4 7. This approval shall expire unless exercised within 24 months from the slate of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code. The decision of the Committee may be appealed to the Planning Commission within 14 dqs of the date of the decision. Any appeal filed shall be accompanied by a filing fee of$714.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS COMMITTEE By �- Javi S. Garcia, AICP, Senior Planner Chairperson JSG:lm Attachments: Vicinity Map Appeared in Opposition: None Appeared in Support: None 0 VICINITY MAP � 4/00 rywr f - NL.IssT nF.ml�►Rums:r wttTra AT rm aqr air r'[.,FN,FM[•e, R-3 MA R•• K 95 fpP(N;IY[EA NEMpIT NiR YACHT •� lLUC f3t[Sgllflr M\is 71 90R ale.s r-.vEw++a��c ♦- '� `� 'ar Fr srv7 9u � • - _ .f+a.B134 RfLa't 4AMOv TOR-p R PROPFI�I[3 er:T,.L 4�_pah rCRkW15Y4�, MG•h09Ln SV�AE AM WOIT.".bRT FWMR-I hap -r4�041�hFE[OpM R=3 .R0.9s-r♦ RLrorL left ,I,25,w:d Z. :. v,rPxr Ir9m rh I end % —' R 2 " A-S, !A.lSlf L•I@-92 MO.9Q•4L OffGFIQ YAM.-S r'fe IY S'r.L3 rp A54 r�T'1' •��/ � N9.94-rf STRLK NM5[cRaewa-ALVWMOa Sr,ro Z.A-Ar P-s8 qy h 0 R R-r 'S 1 R- R-� fo R.r b R-r h A• L•J _d` C � ............ rti PDA2001-M2 far Modification Permit No. 2001 -0 2 and Resubdivis ion No. 1100 $ P_ CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH,CA 92658-8915 ogc,�oN•� PLANNING DEPARTMENT(949)644-3200 MODIFICATION PERNUT January 26, 2001 Harry Berkowitz 480 Old Newport Blvd.,#B Newport Beach, CA 92663 Application No: PDA2001-002 for MOD 2001-002 Applicant: Harry Berkowitz Address of Property Involved: 1229 W. Balboa Blvd. Legal Description: Lot No. 17, Block No. 12,Tract No. 234 Request as Modified and Approved. To allow the partitioning of an existing three-car garage into a two-car tandem garage an a single car garage. The center portion (minimum 9-feet wide) of the right side wall of tie single car garage, shall be reduced in thickness to provide additional clear width (minim 9-feet 2-inch clear width) for the garage at the critical part of the parking space. T le remaining portions of the single car garage shall maintain a minimum interior width of - feet. The two-car tandem garage shall provide a minimum clear inside dimension of 9-feet 3- inches wide by 35 feet deep, as required by Title 20 (Newport Beach Municipal Code). Original Request. To allow the partitioning of an existing three-car garage into a two-car garage and a sing e- car garage. The single car garage is 9 feet 0 inches wide where the Cade required width i6 9 feet 3 inches clear interior. Dear Mr.Berkowitz: The Modifications Committee, on January 24, 2001, voted 3 ayes and 0 noes to approve the application request as modified based on the following findings and subject to the following conditions. 3300 Newport Boulevard, Newport Beach ! 0 FINDINGS: The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for "Two Family"residential use and the existing residential structure is consistent with 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 3 (New Construction or Conversion of Small Structures). 3. The modification to the Zoning Code as proposed would be consistent with the 1 gislative intent of Title 20 of the Newport Beach Municipal Code and is a logical use of the property that would be precluded by strict application of the zoning requirements for this District for the following reason(s): • The decrease in clear parking width is minor in nature since the width has been increased at the critical portion of the parking space. • The clear inside dimensions of the single-car garage is adequate to acconunodate a vehicle. 4. The modification to the Zoning Code as proposed will not be detrimental to persons, property or improvements in the neighborhood or increase any detrimental eff t of the existing use for the following reason(s): • Four parking spaces are provided to serve the two dwellings in accordance with the Newport Beach Municipal Code. • The reduced interior dimensions of the garage will not reduce the access or the ability to utilize the parking space. 5. The proposed modification will not affect the flow of air or light to adjoining residential properties since the modification request is within the required setbacks specified by the Newport Beach Municipal Code. 6. The proposed modification will not obstruct views from adjoining residential pro rties. 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. The center portion (minimum 9 feet wide) of the right side wall of the single c garage, shall be reduced in thickness to provide additional clear width (minimum 9-feet 2-inch clear width) for the garage at the critical portion of the parking space. 3. A building permit shall be obtained prior to commencement of the construction. 4. A minimum of four parking spaces (one single-car garage, a two-car tandem garage and one partially covered parking space) shall be maintained on the subject property for the parking of vehicles at all times. 5. 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. The decision of the Committee may be appealed to the Planning Commission within 14 de ys of the date of the decision. Any appeal filed shall be accompanied by a filing fee of$714.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS COMMITTEE By I Javie S. Garcia, AI CV, Senior Planner Chairperson JSG:lm Attachments: Vicinity Map o cCr'41 c -IF Appeared in Opposition: None Appeared in Support: None .. °� CITY OF NE IPORT BEACH P.Q.BOX 1768, NEWPORT BEACH, CA 92658.8915 J111FOVL PLANNING DEPARTMENT(949)644-3200 RESUBDMSION PERMIT January 26, 2001 Harry Berkowitz 480 Old Newport Blvd., Ste. B, Newport Beach, CA 92663 Application No: Resubdivision No. 1100 Applicant: Harry Berkowitz Address of Property Involved: 1229 West Balboa Blvd. Legal Description: Lot No. 17, Block No. 12,Tract No. 234 Resubdivision Requested: To approve a parcel map for an existing parcel of land r two-unit condominium purposes. Dear Mr. Berkowitz: The Modifications Committee, on January 24, 2001, voted 3 ayes, and 0 noes to approve the application request as modified based on the following findings and subject to the f D11owing conditions. FINDINGS.- The Modifications Committee determined in this case that the proposal would not be detri ental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. The design of the subdivision will not conflict with any easements acquired by e public at large for access through or use of the property within the proposed subdivision. 2. Public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66411 of the Subdivision Map Act. 3. 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). 4. The proposed resubdivision presents no problems from a planning standpoint because the density will remain the same, which allows two units for the R-2 Zoning District. 3300 Newport Boulevard, Newport Beach January 26, 2001 Page 2 5. The map meets the requirements of Title 19 of the Newport Beach Municipal ode, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. CONDITIONS. 1. A parcel map shall be recorded prior to occupancy. The parcel map shall be prepared on the California coordinate system (NAD83) and prior to recordation of the parcel map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital- graphic fide of said map in a manner described in Sections 7-9-330 and 7-9-3 7 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Subarticle 18. 2. Prior to recordation of the parcel map, the surveyorlengineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by th County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Subarti le 18. Monuments (one-inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 3. All improvements shall be constructed as required by Ordinance and the Public Works Department. 4. Each dwelling unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 5. All work conducted within the public right-of-way shall be approved under an encroachment agreement issued by the Public Works Department. 6. All vehicular access to the property shall be from the adjacent alley. 7. Overhead utilities serving the site shall be undergroundnd to the nearest approp 'ate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 8. Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 9. A park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. January 26, 2001 Page 3 10. This resubdivision shall expire if the map has not been recorded within 3 years o the date of approval, unless an extension is granted by the Planning Director. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of$714.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS COMMrT7EE By aa�- . �� Javiel S. Garcia, AICP, enior Planner Chairperson JSG:jr cc: Harry Berkowitz 1229 West Balboa Blvd., Newport Beach,CA 92661 ��Wpr�Rf CITY OF NEWPORT BEACH Application: E( Modification Permit o.: COMMUNI'!Y AND ECONOMIC DEVELOPMENT ❑ Accepted by: PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD < rnn NEWPORT BEACH,CA 92658 (949)644-3200;FAX(949)644-3250 PART I: Cover Page Pro-ject Common Name(if applicable): IW I W �� _ FEES: APPLICANT (Print): y d CONTACT PERSON (if different): D Mailing Address:_ GYID Mailing Address: 45 OZ97 Phone: ((?[, ' I',ge QeJ p i Fax( 7 Phone: ( ) Fax( } Property Owner(if different from above): Mailing Address: Phone: Faxm PROJECT ADDRESS: ,�9 ' /✓�� rcl�" W D/Z J Project Description and Justification(describe briefly) 7�CJLT R1�OQ�.S PROPERTY OWNER'S AFFIDAVIT .�.� (I)(We) ` depose and say that(I am)(we are)the owner(s)of the praperry(ies) involved in this applicatio , (I)(We)further certify,and enalty of perjury,that the foregoing statements and answers herein contained and the information herewith submitted are in all respects a and correct to the best of(my)(our) wledge and belief. Signature(s) NOTE:An agent may sign for the owner if written authorization from the record owner is filed with the application. Work to be done: Existing Nonconformities: WID65-- �,a C 4 .11 E c 44 Proposed Nonconformities: Present Use: �41-e( Proposed Use: � L3 � Zone: A? Code Requirement Existing Proposed Froat setback Right side setback Left side setback Rear setback Main building area Garage area T Open space Parking spaces Buildin height Previous Modifications, Use Permits,Variances, etc.: AMARE- Legal Description of Property Involved(if too long, attach separate sheet) DO NOT COMPLETE APPLICATION BELOW THIS LINE, FOR PLANNING DEPT. USE ONLY: Indicate Previous Modification Permits, Use Permits,Variances, etc. General Plan Designation: Zoning District: Coastal Zone: YES or NO Date Filed: 1 - - v100 f Fee Pd: `f3`7. OC7 Receipt No: Fes Date Deemed Complete: Hearing Date: Posting Date: 1— 1 2 - a l Mailing Date: 1-12-0 1 Modifications Committee Action: I � roved, Subject to Condition Denied (check one) (Date) Planning Director Action Date Appeal F.C. Hearing _ P.C. Action Date Appeal C.C. Hearing C.C. Action 1'\USERS\PLN\SHARED\FORMS\MODAP4DOC PUBLIC NOTICE PDA2001-002 for MOD 2001-002 and Resubdivision No. 1100 Notice is hereby given that Harry Berkowitz, property owner, has requested a Modification of the Zoning Ordinance to permit the partitioning of an existing three-car garage into a two-car garage and a single-car garage. The single car garage is 9 feet 0 inches wide where the Code required width is 9 feet 3 inches.Also included with the application is a request to allow the recordation of parcel map for two-unit condominium purposes.The property is located in the R-2 District. Property located at: 1229 West Balboa Blvd. This project has been reviewed, and it has been determined that it is categorically exe pt under the requirements of the California Environmental Quality Act. A public hearing will be held by the Modifications Committee at 3:00 p.m. on Wednesday, January 24, 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. For further information contact the Newport Beach Planning Department, Current Plans and Projects Division, (949)644-3200. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. 047--241-17 047-241-19 047-241-03 Michael & Sonja Saltman Peter G Greenfield Willard K Schwartz 2295 Renaissance Dr 924 Westwood Blvd 1000 307 Tamarac Dr Las Vegas NV 89119 Los Angeles CA 90024 Pasadena CA 91105 047-241-04 047-234-14 0.47-241-07 Harold L Oneal Robert J Tameny John J West 2163 Shire Dr 416 Lenwood Dr 22111 Cape May Ln El Cajon CA 9201-9 Costa Mesa CA 92627 Huntington Beach 92646 047-241-10 047-241-06 047-241--02 Arthur V Doble 1229 W Balboa Blvd Llc Marilue K Ce oz 17055 Marina Bay Dr 12 Corporate Plaza Dr . 1 PO BQx 987 Huntington Beach 9264.9 Newport Beach CA 92660 Newport Beach CA 92661 047-234-15 .047-234-16 047-241-08 Anthony J Candelmo Joseph W Hay Frank J Brud r 1224 W Balboa Blvd 1230 W Balboa Blvd 1221 W Balboa Blvd Newport Beach CA 92661 Newport Beach CA 9266l. Newport BeachCA 92661 047-241-09 047-241-16 047-241-20 Frank J Bruder _. Ben T Younglove Michael J Ryan 1219 W Balboa Blvd 1212 W Oceanfront 1228 W Ocean Front Newport Beach CA 92661 Newport Beach CA 92661 Newport Beach CA 92661 047-241-21 RWm MORT BEACH 047-234-18 ` Consolin glove Dennis L Gri bel 3111 Legendario TI 15012 Red Hill Ave G San Clemente CA 92.673 2AZ aSTkna C �2702 Tustin CA 9,1780 NEWPORT BCH CA 9 047-241-05 047-241-18 Omar L Blanchard 120 S El Dorado L HOWARD P YOUNG LOVE PO BOX 267 Anaheim CA 9280 7 SANTA ANA CA 92702 *** 19 Printed *** CENTRAL NEWPORT BEACH Prepared for: COMMUNITY ASSOC Attention: TOM HYANS 217 19TH ST NEWPORT BCH CA 92663 ********************************************** * Acxiom/Dataguick Systems Report * * * Orange ********************************************** Prepared for: Provided by: ORANGE COAST TITLE COMPANY Account Rep: Helping You Stay Number Prepared by: #1 Real Estate Ph: (888) 700-5552 Fx:558-1144 ****************************************************************** *********** * Farms - 5 line : records 1 to 3000000 * Sorted by ascending ' Situs Address ' * --- Search Criteria --- * Parcel Number #047 [241 [02 . . 10, 16 . . 21, 251 , 234 [14 . . 16, 1811 * * * * * * * * * * * * * * * * * * * * * * * * 20 matching properties were found Wed Dec 13 13 : 02 : 2 2000 ****************************************************************** *********** ** This information is sourced from public documents and is not guaranteed ** The following report was processed using the above parameters and was provided by of ORANGE COAST TITLE COMPANY _ rollolurll>eCCURT �� '�r r • W- T£R Liw AS Pto AERrft P"ro rlfr 423-20 a.. + + * 47-23 BO 423-21 I l TRA r` Lr 23 �• ° ��' es. 1 o u BAY 1 G sa.ia Ja JO.SG 9F.16' eaaa' a ad. A1'1AVE- a �! N 'd ® Q 4J : ao• ty g ae 3I•am• Ij AV- 233 , MA T 13 " M 112 BALSOA fe' ch �' sis � o► fi 1� ov sr...• Q! to -n- O TRACT /3 NO.234 W rtar TR4 T 4 ATAAW 25 Q Q 4 W NEWPO+PTELFA/ENFM v(Y SC!!g pAR Q f1 O '. w y � SECTION B f3 BEACH 241 NE�VPDRT N Y LOTS l-13 « � d ® 2 .0 l to rs rT � ,B !� i ' OGEAM O► �1 —� NT Ql 0% 29 4 O MARCH 1949 0 NOTE —ASSESSOR'S BLOCKS ASSESSOR'S MAP O SEL^r'ION S,AEWPORT S6H M Al. 4-27 PARCEL AtWEM- BOOK47 PAGE 24 TIP NQ 234 M.M 13-JO-37 SHOWN IN GIRGLE'S cwNrk, OF ORANGE PARCEL MAP RM.. 238-54,263 I I