MODIFICATION PERMIT NO. MD2007-077

(PA2007-207)

PLANNING DEPARTMENT

3300 NEWPORT BOULEVARD

NEWPORT BEACH, CA 92663

(949) 644-3200  FAX (949) 644-3229

 

 

 

 

 

 

 

 

Application No.

 

Modification Permit No. MD2007-077

(PA2007-207)

 

Applicant

 

Tom Nicholson

Site Address

 

4645 Fairfield Drive

Legal Description

 

Lot 62, Tract 03357

 

On November 19, 2007, the Zoning Administrator approved the application request to permit the encroachment of a 5-foot tall wrought iron fence within the 30-foot front yard setback along Orrington Road. The fence is proposed for pool protection purposes. Also included is the request to permit the encroachment of the pool structure 18 feet into the 30-foot front yard setback. The encroachment varies in height from 4 feet 6 inches to 6 feet 6 inches measured from natural grade.The property is located in the R-1-B District. The Zoning Administrator’s approval is 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 pool structure and pool protection fence 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 3 (New Construction or Conversion of Small 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:

 

·                    Pool structures are permitted within required rear and side yard setbacks limited to a maximum height of 6 feet measured from natural grade and within required front yard setbacks limited to a maximum height of 3 feet measured from natural grade. Development regulations allow fences and walls to be located within side yard and rear yard setbacks limited to a maximum height of 6 feet measured from natural grade and within front yard setbacks limited to a maximum height of 3 feet measured from natural grade.

·                    The portion of the pool structure that will encroach up to 18 feet into the 30-foot front yard setback will have a maximum height of 6 feet 6 inches measured from natural grade and encroaches into the yard that is not used as a front access to the dwelling unit.

·                    The 5-foot high wrought iron fence that will encroach 27 feet into the 30-foot front yard setback adjacent to Orrington Road is required by the uniform Building Code to protect the proposed swimming pool on the subject property.

·                    The 30-foot front yard setback adjacent to Orrington Road is a sloping area with a grade change of approximately 14 ˝ feet from the top of curb at the street to the top of the slope. The top of the 5-foot high wrought iron fence adjacent to the Orrington Road property line will be approximately 7 feet lower than the top of the slope and therefore, will not be visible from the top of slope.

 

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 houses on the southerly block of Fairfield Drive, including 4645 Fairfield Drive, all orient toward and have access from Fairfield Drive. The 30-foot front yard setback is inconsistent with the orientation of the houses and is along the rear of the lot adjacent to Orrington Road which is the view side of the property. The strict application of the Zoning Code would limit the useable area of the required 30-foot front yard view side.

 

·                    The Covenants, Conditions and Restrictions limit single-family structures in this neighborhood to one story. In addition, the Zoning Code limits the maximum lot coverage to 60 percent. Both restrictions limit the viable locations for providing a pool and related pool protection fencing.

 

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 Modifications Committee has approved similar requests within this neighborhood and City wide for pool structures and pool protection fences to exceed the maximum permitted 3-foot height limit within the front-yard setback.

·                    A pool and pool protection fencing are accessory structures that are enjoyed by other single family residences throughout the City.

 

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 proposed 5-foot tall wrought iron fence will provide pool protection for the proposed pool to be located within the 30-foot front yard setback along Orrington Road.

·                    The 5-foot tall pool protection fence will be open wrought iron and in most cases will be below the elevation of the building pads for residential properties on Fairfield Drive due to the change in grade within the 30-foot front yard setback area adjacent to Orrington Road.

·                    The wrought iron fence and the pool structure, as conditioned, will meet sight distance requirements of the Public Works Department.

 

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.            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.

 

4.            The pool protection fence shall be of open wrought iron construction and shall not exceed 5 feet in height.

 

5.            The pool structure shall have a maximum height of 6 feet 6 inches measured from natural grade within the 30-foot front yard setback along Orrington Road. The encroachment of the pool structure shall not extend closer than 12 feet to the front property line adjacent to Orrington Road.

 

6.            There shall be no vertical plantings within the 3-foot setback between the pool protection fence and the property line. All hedges, screens, or vertical plantings shall be limited to 3 feet in height within the front yard setback.

 

7.            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.

 

8.            A building permit shall be obtained prior to commencement of the construction.

 

9.            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.

 

10.        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.

 

11.        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 private construction completion. Said determination and the extent of the repair work shall be made at the discretion of the Public Works inspector.

 

12.        Any wall, fence or other obstruction is not permitted within the public right-of-way.

 

13.         All improvements shall comply with the City’s sight distance requirement.  See City Standard 110-L. Fencing, walls, or other obstructions shall be lowered to 30 inches maximum or removed from the limited use area at the intersection of Orrington Road/Cameo Shores Road. The landscape at the intersection of Fairfield Drive/Cameo Shores Road shall be limited to 24 inches in height maximum.

 

14.        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.

 

15.        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 Planning Commission within 14 days of the action date. A $600.00 filing fee shall accompany any appeal filed. No building permits may be issued until the appeal period has expired. A copy of the approval letter shall be incorporated into the Building Department set of plans prior to issuance of the building permits or issuance of revised plans.

 

 

By:                                                                              

      Zoning Administrator Javier S. Garcia, AICP

     

JSG:msg

 

Attachments:  Vicinity Map

 

Appeared in Opposition:  None

 

Appeared in Support:  None


 

VICINITY MAP

 

Modification Permit No.  MD2007-077

PA2007-207

 

4645 Fairfield Drive