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MODIFICATION
PERMIT NO. MD2007-048 (PA2007-109) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-048 (PA2007-109) |
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Applicant |
Eric & Linda
Nelson and Calvin & Mary Blair |
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Site Address |
2801 Catalpa Street
and 701 Camphor Street |
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Legal Description |
2801
Catalpa St: Tract 5018, Lot 67; 701 Camphor St: Tract 4892, Lot 34 |
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On June 25, 2007,
the Zoning Administrator approved the application request to allow a combination retaining wall and fence to exceed the
6-foot height limit allowed for fences and walls within the required 10-foot
rear yard setback and portions of the side yard setbacks. The combination
retaining wall and fence will vary in height from 6 feet to 10 feet 6 inches.
The proposed construction will also abut the rear property lines of the two
adjacent properties and will encroach 6 feet into the required 6-foot side
and rear yard setbacks. The combination retaining wall and fence will measure
approximately 140 linear feet. 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 designates the site
for “Single Family Detached” residential use and the existing residential structure is consistent with this designation.
The combination retaining wall and fence 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 project site consists of two irregularly shaped lots
which slope to the side and rear. The largest change in grade occurs at the
southwesterly rear corner of 701 Camphor.
·
The Zoning Code allows fences and walls in rear and side
yard setbacks up to a maximum height of 6 feet.
·
The height of the combination retaining wall and fence and
the encroachment into the required rear and side yard setbacks along and
adjacent to the rear property line is
necessary to provide stabilization of the slope and to protect improvements on
adjacent properties.
·
The height and
location of the combination retaining wall and fence is a reasonable design
solution which will provide usable yard space and privacy.
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 reasons:
·
The combination retaining wall and fence exceeds the 6-foot
height limit in the required rear and side yard setbacks due to the grade
change from the existing building pad toward the side and rear of each
property.
·
The combination retaining wall and fence is designed to
provide stabilization of the slope on the subject properties, and also to
protect improvements on adjacent 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 reason:
·
Granting the
request to exceed the height limit for walls and fences and allowing the
encroachment of the combination retaining wall and fence within the rear and
side yard setbacks along and adjacent to the rear property line of the subject
properties is consistent with modified and conditioned approvals granted by the
Modifications Committee and the
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 combination retaining wall and fence will provide stabilization of the slope at the
rear of the subject properties and will also protect improvements on adjoining
properties.
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 retaining wall and fence shall be
allowed to be constructed along and adjacent to the rear yard property line of
the subject properties and may encroach into the required 6-foot rear and side
yard setbacks a maximum of 6 feet. The combination retaining wall and fence may
be constructed to a maximum height of 8 feet at the northwesterly corner of
3.
The construction drawings submitted for issuance of building
permits shall clearly depict the natural grade points shown on the topographic
survey directly below the proposed improvements within the required 6-foot rear
yard setbacks.
4.
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.
5.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
6.
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.
7.
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.
8.
Prior to
issuance of the building permits and upon approval of the construction plans, a
copy of the approved architectural plans shall be submitted to the Planning Department
for inclusion in the modification permit file. The plans shall be reduced in
size to 11-inches by 17-inches and shall accurately depict the elements
approved by this Modification Permit.
9.
A building permit shall be obtained prior to commencement of
the construction.
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:
Attachments:
Vicinity Map
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Modification Permit No. MD2007-048
PA2007-109
2801 Catalpa Street and 701 Camphor Street