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MODIFICATION
PERMIT NO. MD2007-052 (PA2007-117) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-052 (PA2007-117) |
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Applicant |
Barry Walker
Architect |
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Site Address |
18 Swift Court |
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Legal Description |
Lot 3, Unit 200, Tract 7817 |
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On July 9, 2007,
the Zoning Administrator approved the application request to exceed the 3 foot height limit allowed for decks
in a required front yard setback. The proposed combination deck/guardrail will
be constructed to a maximum height of 9 feet 6 inches measured from natural
grade. Also included in the request is to allow the proposed combination deck/guardrail
to encroach a maximum 2 feet 6 inches into the required 3-foot 6-inch front
yard setback adjacent to the exterior boundary of the tract. The setbacks
were originally established by the Planning Commission in conjunction with
the approval of Use Permit No. 1585 for Tract No. 7817. The
property is located in the PC14 (Newport Crest Planned Community)
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 “Multiple-Unit
Residential” use. The existing residential
structure is consistent with this designation. The deck structure is accessory
to the primary use.
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 combination deck/guardrail is located on the view side
of the residential unit, adjacent to the southerly property line of the
multi-unit residential tract and abutting a parcel of land designated to remain
open space. The grade slopes down and away from the residential unit.
·
The encroachment of the proposed combination deck/guardrail
is a minor encroachment into the required front yard setback and a reasonable
design given the location of the residential unit on the view side of the tract
adjacent to the southerly property line.
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 is inconsistent with the purpose and
intent of the Zoning Code for the following reason:
·
The
Zoning Code allows accessory structures such as decks and guardrails that are 3
feet or less in height to be located within a front yard setback. The proposed
combination deck/guardrail will be constructed to a height of approximately 9
feet 6 inches above grade (deck 6-feet high and guardrail 3-feet 6-inches high)
and will be located adjacent to an existing retaining wall where the grade
changes approximately 10 feet toward the southwest from the front of the
residential unit. The granting of the application is necessary due to the
physical constraints of this particular property.
5.
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 reason:
·
The
proposed encroachment into the required 3-foot 6-inch front yard setback with
the proposed 9-foot 6-inch combination deck/guardrail is similar to and
consistent with modified and conditioned approvals granted by the Modifications
Committee, Zoning Administrator, and the Planning Commission on appeal for
encroachments of similar structures in this Planned Community and Citywide.
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:
·
The combination deck/guardrail will comply with the
requirements of the Uniform Building Code, and will be of better quality and
safer construction than the existing deck.
·
The height of the proposed project will remain the same as
the existing deck/guardrail and will not affect the flow of air or light to
adjoining residential properties.
·
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.
The proposed combination deck/guardrail may encroach a
maximum of 2 feet 6 inches into the required 3-foot 6-inch front yard setback
and may be constructed to a maximum height of 9 feet 6 inches (3-feet 6-inch
guardrail). The proposed deck/guardrail may extend up to and not beyond the
wing walls of the adjacent unit. Submitted and approved plans for the proposed
deck/guardrail shall reflect this limitation on length.
3.
Within 3 feet from the common wall with adjacent unit, and
within 3 feet of the front property line, the combination deck/guardrail shall be
one hour rated construction.
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.
Prior to issuance of building permits, the applicant shall
submit to the Planning Department an additional copy of the approved
architectural plans for inclusion in the Modification Permit file. The plans
shall be identical to those approved by all City departments for building
permit issuance. The approved copy shall include architectural sheets only and
shall be reduced in size to 11-inches by 17-inches. The plans shall
accurately depict the elements approved by this Modification Permit and shall
highlight the approved elements such that they are readily discernible from
other elements of the plans.
7.
A building permit shall be obtained prior to commencement of
the construction.
8.
A copy of this approval letter shall be incorporated into
the Building Department and field sets of plans prior to issuance of the
building permits.
9.
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.
10.
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
Project
Review Request/Building Department
Appeared
in Opposition: None
Appeared in Support: None
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Modification Permit No. MD2007-052
PA2007-117
18 Swift Court