HomeMy WebLinkAbout1779 - DENY MD_311 FERNLEAF AVENUERESOLUTION NO. 1779
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH REVERSING THE
DECISION OF THE ZONING ADMINISTRATOR AND
DENYING MODIFICATION PERMIT NO. 2008 -007 FOR
PROPERTY LOCATED AT 311 FERNLEAF AVENUE
(PA2008 -009)
WHEREAS, an application was filed by John P. Kenney with respect to property
located at 311 Fernleaf Avenue, and legally described as Lot 11 and a portion of Lot 13 in
Block No. 232 of Corona del Mar, requesting approval of Modification Permit No. 2008 -007
to permit remodel and 1,235 square -foot addition to an existing nonconforming three -unit
residential condominium structure; and
WHEREAS, at a noticed public hearing held on February 14, 2008, the Zoning
Administrator considered the application, plans, and written and oral evidence presented
at this meeting, and approved Modification Permit No. 2008 -007; and
WHEREAS, on February 22, 2008, an appeal of the Zoning Administrator's
decision to approve Modification Permit No. 2008 -007 was filed with the Planning
Department; and
WHEREAS, a public hearing on the appeal was held on April 3, 2008 in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
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 this meeting; and
WHEREAS, the Planning Commission finds as follows:
1. The condominium is nonconforming due to a 1 -foot encroachment into the
required 4 -foot (northwesterly) side yard setback and because the guest parking
space required for three multi - family residential units is not provided.
2. The proposed project would use 1,235 square feet of the remaining 1,746 square
feet of gross floor area permitted on the property. This would leave only 511
square feet for future development, which is insufficient for a substantial remodel
that would bring the rear portion of the condominium into conformity.
3. The nonconformities of the condominium occur at the rear of the property and will
not be affected by the proposed project; therefore, the proposed project does not
provide an opportunity to bring the condominium into conformity, which makes
rebuilding of the rear of the triplex less likely because it uses most remaining
floor area allotted to this property. This is inconsistent with General Plan Policy
LU 6.2.2, which calls for legal nonconforming residential structures to be brought
• Planning CommissAesolution No.
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into conformity in an equitable, reasonable, and timely manner as rebuilding
occurs.
4. The proposed project would result in a 31 percent increase in floor area to the
condominium project and 122 percent increase in floor area to 311 Fernleaf.
This is inconsistent with General Plan Policy LU 6.2.2, which calls for limited
renovations to nonconforming structures.
5. The proposed three -story addition to the Front Unit would impact the design
character of the neighborhood and the Middle Unit by creating an abrupt change in
scale and building form. This is inconsistent with General Plan Policy LU 5.6.2,
which requires renovated buildings to be designed to avoid abrupt changes in
scale, and building form.
NOW, THEREFORE, BE IT RESOLVED
Section 1. Based upon the aforementioned facts, the Planning Commission
hereby reverses the decision of the Zoning Administrator, and denies Modification Permit
No. 2008 -007.
Section 2. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk or
this action is called for review by the City Council in accordance with the provisions of Title
20, Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF APRIL, 2008.
Robert illgren, Secretary
2
AYES: Eaton, Peotter, Cole, Hawkins
McDaniel. Toerge and Hillgren
NOS: None