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MODIFICATION
PERMIT NO. MD2007-046 (PA2007-107) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-046 (PA2007-107) |
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Applicant |
Steven Furman |
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Site Address |
5208 Seashore Drive |
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Legal Description |
Lot
93 , Tract 3813 |
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On June 25, 2007,
the Zoning Administrator approved the application request to allow an addition to an existing second floor deck, a
curved portion of which will extend and encroach a maximum 2 feet into the
front yard setback. The remainder of the existing deck will be repaired and
will maintain the required 5-foot front yard setback. The
property is located in the R-2 District. The Zoning
Administrator’s approval is based on the following findings and subject to
the following conditions. |
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FINDINGS
1.
The Land Use Element of the General Plan and the Local
Coastal Program Land Use Plan designate the site for “Two Unit Residential”
use. 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 11 (Accessory Structures)
3.
The modification to the Zoning Code,
as proposed, is consistent with the legislative intent of Title 20 of the
Newport Beach Municipal Code. 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 Zoning Code allows accessory structures such as decks
and patios that are 3 feet or less in height to be located within a front yard
setback.
·
Per the Zoning Code, balconies may encroach a maximum 3 feet
into a required 5-foot front yard setback on properties along East and West
Ocean Front. The balcony railings must be constructed of a transparent
material, or if constructed of an opaque material, must be 40 percent open.
·
The proposed 2 foot encroachment of the second floor deck is
less than the 3 foot encroachment allowed for properties on East and West Ocean
Front.
·
The proposed deck railings are constructed of a transparent or
open material and are similar to those required for balconies encroaching into
the required front yard setbacks on East and West Ocean Front.
·
The encroachment into the required 5-foot front yard setback
as proposed is minor in nature.
4.
In accordance with the provisions of
Chapter 20.93, the requested modification will be compatible with existing
development(s) in the neighborhood for the following reasons:
·
The proposed
addition to the second floor deck is an accessory structure commonly found in
the neighborhood and properties on East and West Ocean Front.
·
The granting of this modification permit which allows the
encroachment of a deck within a front yard setback is similar to and consistent
with modified and conditioned approvals
granted by the Modifications Committee, the Zoning Administrator, and the
5.
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:
·
The expanded deck will comply with all requirements of the
Uniform Building Code.
·
The addition to the existing deck is a minor architectural
feature and does not add habitable or interior living space to the structure.
·
The proposed encroachment into the required front yard
setback is minor in nature and is less than that allowed by the Zoning Code for
properties located along East and West Ocean Front. The balcony railings will
be constructed of a transparent or open material and will not obstruct views or
interfere with light or air of neighboring properties.
·
The major portion of the required front yard setback will be
maintained clear of all obstructions.
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 curved portion of the deck may encroach a maximum 2 feet
into the required 5-foot front yard setback a distance of approximately 24
linear feet as shown on the plans submitted.
3.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
4.
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.
5.
Prior to issuance of building permits, the applicant shall
submit to the
6.
A building permit shall be obtained prior to commencement of
the construction.
7.
A copy of this approval letter shall be incorporated into
the
8.
All work performed within the public right-of-way shall be
reviewed and approved by the
9.
This approval shall expire unless
exercised within 24 months from the approval date, as specified in Section
20.93.055 of the Newport Beach Municipal Code. Prior to the expiration date of
this approval, an extension may be approved in accordance with Section
20.93.055 (B) of the Newport Beach Municipal Code. Requests for an extension
must be in writing.
Appeal Period
The
Zoning Administrator’s decision may be appealed to the
By:
Zoning Administrator Javier S. Garcia,
AICP
JSG:ks
Attachments:
Vicinity Map
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Modification Permit No. MD2007-046
PA2007-107
5208 Seashore Drive