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MODIFICATION
PERMIT NO. MD2007-091 (PA2007-254) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-091 (PA2007-254) |
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Applicant |
Amen Wardy |
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Site Address |
445 Isabella Terrace |
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Legal Description |
Lot 162, Tract 01237 |
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On January 14, 2008,
the Zoning Administrator approved the application request to permit the construction of a retaining wall and
related guardrails to exceed the maximum height limit of 6 feet permitted by
the Zoning Code within the required rear and side yard setbacks. The
retaining wall and related guardrails are proposed to encroach 6 feet into the
required 6-foot rear and side yard setbacks. The height of the retaining wall
including the related guardrails will range in overall height from 5 feet to a
maximum 16 feet measured from natural grade directly below. 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. |
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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 retaining walls and
related guardrails 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 code requirements for this District for the
following reasons:
·
The Zoning Code allows walls and
fences up to 6 feet in height above natural grade within the required rear and
side yard setbacks of the subject property.
·
The rear half of the subject property
includes a change in grade of approximately 10 feet extending to the rear
property line adjacent to
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:
·
Walls
and fences are restricted to 6 feet in height within required side and rear
yard setbacks, so strict application of the Zoning Code would significantly
limit the useable area of the rear half of the subject property, including the
required 6-foot side and rear yard setbacks.
·
The
subject property is located with the rear property line adjacent to
·
The
retaining walls will match the height of retaining walls and fences on the
neighboring properties.
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:
·
Granting the request to encroach into
the required rear and side yard setbacks with the proposed retaining walls and
related guardrails that range in height from a minimum 5 feet to a maximum 16
feet measured from natural grade is consistent with modified and conditioned
approvals granted by the Zoning Administrator and the Modifications Committee
within the neighborhood and throughout the City.
·
The proposed retaining walls and
related guardrails allow the property owner to use the rear yard similar to
other property owners within the surrounding neighborhood. The proposed
retaining walls and related guardrails create useable yard space that is equal
to the adjacent yards utilized by neighbors on either side of the subject
property.
·
The required related guardrail that runs along the entire
rear property line adjacent to
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 retaining walls and related guardrails will
provide pool protection for an existing pool and comply with building codes.
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. The plans must include details of the transition of walls
to show that pool protection fencing and guardrail requirements are being
fulfilled.
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 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.
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.
6.
A building permit shall be obtained prior to commencement of
the construction. A soils report and structural design are required.
7.
A 42-inch guardrail is required at the top of retaining wall
where the adjacent grade is 30 inches or more below the finished elevation in
the rear yard, which includes the proposed retaining wall that runs the entire
length of the rear property line adjacent to
8.
Pool enclosure shall be provided with a fence that has a minimum
height of 5 feet above the finished ground level on the sides away from the
pool.
9.
There is an existing 5-foot wide private telephone easement
located at the back of the property (northerly side of the property). Plans
depict encroachment of the proposed retaining walls into this easement. No
permanent structures are allowed to be built on this easement unless written
documentation can be provided to the City showing that the owner of the
easement will allow the construction of the proposed wall on said property.
Prior to issuance of building permits, the applicant shall provide written
permission from the easement beneficiary to the Public Works Department and
Planning Department.
10.
The proposed retaining wall and related guardrails are
permitted to encroach 6 feet into the required 6-foot rear yard setback
adjacent to
11.
The maximum overall height of the proposed retaining wall,
including the related 42-inch guardrail along the rear property line adjacent
to
12.
The minimum height of the proposed retaining walls and
related guardrails shall be 5 feet above the finished ground level on the sides
away from the pool to provide the Building Department required pool protection
fencing. The maximum height of retaining walls and related guardrails along the
sides of the subject property adjacent to both neighbors shall not exceed 11
feet 11 inches measured from natural grade.
13.
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.
14.
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.
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
By:
Zoning Administrator Javier S. Garcia,
AICP
JSG:msg/rm
Attachments:
Vicinity Map
Letter of
Opposition – M. Bradford
Appeared
in Opposition: None
Appeared in Support:
None
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Modification Permit No. MD2007-091
PA2007-254
445 Isabella Terrace