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MODIFICATION
PERMIT NO. MD2007-075 (PA2007-204) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-075 (PA2007-204) |
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Applicant |
Craig McIntosh |
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Site Address |
1927 Tradewinds Lane |
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Legal Description |
Lot 33 , Tract 03801 |
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Request as Modified and Approved To permit the encroachment into the required 20-foot
front yard setback with the following elements: new retaining wall including
pilasters and two light fixtures that have a maximum height of 5 feet 5
inches above existing grade, two new 36-inch high guard rails with a maximum
height of 4 feet 9 inches above existing grade, and to permit the retention,
refinish and addition of concrete caps on two existing retaining walls that
are over 3 feet in height within the front yard setback. The existing
retaining walls including the finish work will have a maximum height of 5
feet 10 inches above existing grade. The portion of the application request to allow the
encroachment into the required 20-foot front yard setback with a 9-foot
8-inch tall freestanding trellis was DISAPPROVED. The property is located in the R-1-B
District. |
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On November 19, 2007, the Zoning Administrator approved
the application request as modified based on the following findings and subject
to the following conditions.
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 and altered front
yard elements 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 2
(Replacement or Reconstruction) and Class 3 (New Construction or Conversion of
Small Structures).
3.
In accordance with the provisions of
Chapter 20.93, the granting of a portion of this application for the trellis
structure is not necessary due to practical difficulties associated with the
property. The strict application of the Zoning Code does not result in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code
for the following reasons:
·
Adequate
space exists within the buildable area of the subject property for the
construction of the proposed 9-foot 8-inch trellis.
·
There
are no existing unusual or extraordinary circumstances related to site
topography or lot dimensions that justify the proposed encroachment of the
trellis within the required front yard setback.
·
The approval of such an encroachment could set a precedent
for the approval of similar requests that cumulatively could be detrimental to
the neighborhood.
4. In accordance with the provisions of
Chapter 20.93, the requested modification will not be compatible with existing
development(s) in the neighborhood for the following reasons:
·
Sites adjoining and in the vicinity of
the subject property generally maintain the required front yard setback for
detached trellis and similar structures.
·
The adjacent neighbors have planted
various trees, hedges, and shrubs along their side property lines shared with
the subject property.
5. 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 walls and
fences within front yard setbacks to be a maximum height of 3 feet measured
from natural grade.
·
The sloping grade of the front yard
creates conditions that are not conducive with the 3-foot high maximum
permitted wall height allowed by the Zoning Code. The proposed retaining walls,
guardrails and remodel of existing retaining walls will allow the front yard to
be landscaped as the front access to the dwelling unit.
6. 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 reason:
·
The sloping topography of the front
yard creates a natural grade that varies so that the maximum permitted wall height of 3 feet allowed
by the Zoning Code is an unreasonable restriction for a front yard to be used
for a single-family dwelling. The sloping front yard requires retaining walls
and guardrails to utilize the yard as an access way to the front entry of the
single family development.
7. 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:
·
Granting the request to exceed the
height limit of walls within the front yard setback by allowing the remodel of
existing over height retaining walls, the addition of new retaining walls and
guardrails is consistent with modified and conditioned approvals granted by the
Modifications Committee throughout the City.
·
The general design of properties on
Tradewinds Lane and in the surrounding neighborhood do not allow for parking in
the front yard setback, except in the driveway in front of the garage, such as
the current layout of the subject property. The proposed retaining walls enable
the property to provide additional landscape and will eliminate the hardscape
which has encouraged the use of parking in the required front yard setback.
8. 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:
·
All of the retaining walls and the guardrails will meet sight
distance requirements for the Public Works Department.
·
The guardrails add a safety element to the sloped front
yard.
·
The proposed project provides additional landscaping and is
consistent with the Residential Design Criteria required by the City.
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.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
3.
If any of the existing public improvements surrounding the
site are 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 private construction completion. Said determination and the extent
of the repair work shall be made at the discretion of the Public Works
inspector.
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 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. The trellis structure that was disapproved shall
be eliminated from the plans or otherwise delineated as disapproved.
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 Building Department and field sets of plans prior to issuance of the
building permits.
8.
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.
9.
That the design of the development will not conflict with
any easements acquired by the public at large for access through or use of
property within the proposed development.
10.
Any wall or other obstruction is not permitted within the
public right-of-way.
11.
The Northeast area of the front yard that was previously
used for parking shall no longer be used for parking at any time and a minimum 6
inch curb or planting shall be provided within 10 feet of the edge of the driveway
to preclude parking except in the driveway in front of the garage.
12.
The new retaining wall including the pilasters and light
fixtures shall not exceed a maximum height of 5 feet 5 inches measured from
natural grade directly below. The light fixtures are limited to over height of
16 inches.
13.
The two new 36-inch tall guardrails shall not exceed a
maximum height of 4 feet 9 inches measured from natural grade directly below.
14.
The retention and refinish of existing retaining walls,
including the added concrete caps, shall not exceed a maximum height of 5 feet
10 inches measured from natural grade directly below.
15.
All improvements shall comply with the City’s sight distance
requirement.
16.
This approval shall expire unless
exercised within 24 months from the approval date, as specified in Section
20.93.050 (A) of the Newport Beach Municipal Code. Prior to the expiration date
of this approval, an extension may be approved in accordance with Section
20.93.050 (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:msg
Attachments:
Vicinity Map
Appeared
in Opposition: None
Appeared in Support:
None
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Modification Permit No. MD2007-075
PA2007-204
1927 Tradewinds Lane