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MODIFICATION
PERMIT NO. MD2007-065 (PA2007-162) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-065 (PA2007-162) |
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Applicant |
Scott Brownell |
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Site Address |
1220 East Balboa
Boulevard |
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Legal Description |
Lot 11, Block 19, East side Addition to Newport
Beach and Lot 11 Block L of Bay Section and a portion of an abandoned
right-of-way (Bay Avenue). |
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On August 20, 2007,
the Zoning Administrator approved the application request to allow the replacement and expansion of an
existing patio deck that exceeds the permitted 3 foot height limit for
structures located within the front yard setback adjacent to the bay. The
proposed deck will measure approximately 5-feet 3-inches tall at its highest
point above grade. The property is located in the R-1
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 “Single-Unit Residential Detached”
use. The existing residential structure is
consistent with this designation. The proposed tempered glass walls, and gate
are 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 Zoning Code allows decks, walls
and fences up to 3-feet high above natural grade within the required front
setback of properties adjacent to the Newport Channel.
·
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 raised wood deck and open railing is less than the 3 foot encroachment
allowed for properties on East and West Ocean Front.
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 are inconsistent with the purpose and
intent of the Zoning Code for the following reasons:
·
The
property contains an existing house with a finish floor above 4 feet high. The
raised deck allows for a landing outside of the house. A 3 foot high guardrail
is required by the Building Department for all decks above 30 inches.
·
The
railing is open in nature, and will create visual interest to the 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 reasons:
·
The raised deck will comply with all
requirements of the uniform building code.
·
The raised deck is a minor
architectural feature and does not add habitable space to the structure.
·
The existing counter area was removed
and replaced with a lower surface to be compatible with the neighborhood houses
that have outdoor counters and barbeques.
·
The height of the new counter will be
48 inches high to match the height of the raised deck for consistency in
design.
·
The planter around the counter will be
limited to hold plants that are not vertical in nature and will not create
screening.
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:
·
There are no public views through or across the subject
property that would be affected by the proposed project.
·
The proposed project will provide safety for the persons
residing at the property. The raised deck allows for a landing outside of the
house and the railing will protect the persons on the deck from a fall.
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 planter surrounding the outdoor counter on the lower
deck shall be planted with low growth groundcover only. All vertical planting
forming a hedge is prohibited.
3.
The 48 inch high counter and barbeque shall maintain a 6
foot setback from the property line adjacent to the Newport Channel. The
barbeque hood-cover may exceed the 48 inch limit allowed for the counter an
additional 12 inches.
4.
The raised deck shall maintain an 18 foot setback from the
property line adjacent to the Newport Channel. The deck railing may exceed the
height of the deck by 3 feet to comply with the Building Code requirement for
the guardrail.
5.
The deck guardrail shall be open in nature, either with
clear glass or open rail pickets.
6.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
7.
If any of the existing public improvements surrounding the site
is damaged by private work, new concrete sidewalk, curb and gutter, street
pavement, and other public improvements will be required by the City at the
time of completion of private construction. Said determination and the extent
of the repair work shall be made at the discretion of the Public Works
inspector.
8.
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.
9.
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.
10.
A building permit shall be obtained prior to commencement of
the construction.
11.
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.
12.
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.
13.
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:rwb
Attachments:
Vicinity Map
Opposition Letter: Ouzounian,
East Balboa Boulevard
Appeared
in Opposition: None
Appeared in Support:
None
VICINITY MAP
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Modification Permit No. MD2007-065
PA2007-162
1220 East Balboa Boulevard