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MODIFICATION
PERMIT NO. MD2007-049 (PA2007-110) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-049 (PA2007-110) |
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Applicant |
Brion Jeannette
Architecture |
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Site Address |
1903 East Bay Avenue |
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Legal Description |
Lot 1, and a portion of Lot 2, Block 28 of the East
Side Addition to Balboa Tract, Lot 1, Block S and a portion of Lot 2, Block S
in the Bay Front section of Balboa Tract and a portion of the abandoned Bay
Avenue right-of-way |
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On July 23, 2007,
the Zoning Administrator approved the application request to exceed the 3 foot height limit allowed in front
yards adjacent to Newport Bay. A portion of the existing wood fence along the
easterly side property line will be replaced with a 5 foot high tempered
glass wall. A portion of the existing 5 foot high wrought iron fence along the
westerly side property line will be replaced with a 5 foot high,
non-climbable planter wall. Also requested, a portion of the existing wrought
iron fence atop the existing seawall, from the easterly side property line to
the edge of the proposed pool wall, will be replaced with a 5 foot high,
tempered glass wall, gate and related guardrail. The glass walls, planter and
gate are for Building Code required pool protection purposes.
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.
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 walls and fences up to 3-feet high
above natural grade within the required front setback of properties adjacent to
·
The proposed 5-foot high tempered glass walls and gate with
related guardrail will provide Building Department required pool protection for
a proposed pool to be located adjacent to the existing seawall along
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:
·
In 1957, the City adopted a resolution abandoning a 30-foot
wide portion of
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 encroach into the required front yard setback with proposed
5-foot high tempered glass walls and gate with related guardrail is consistent
with modified and conditioned approvals granted by the Zoning Administrator,
Modifications Committee, and the Planning Commission on appeal for
encroachments of similar structures in the neighborhood and 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 high tempered glass walls and gate with
related guardrail will provide pool protection for a proposed pool to be
located in the front yard adjacent to the existing seawall on
·
The proposed tempered glass walls and gate with related
guardrail will not obstruct public views from “K” Street to
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 tempered glass walls and gate with related
guardrail may be constructed to a maximum height of 5 feet measured from
natural grade. The tempered glass walls shall be located adjacent to the side property
line, and the gate with related guardrail shall replace the portion of the
existing wrought iron fence atop the existing seawall at the easterly side
property line.
3.
All existing private encroachments shall be removed from the
“K” Street end and along the
4.
All vegetation shall be removed from the permitted 6-foot
high wrought iron fence along the property line adjacent to ”K” Street and
shall remain free of plantings or other opaque obstructions.
5.
A licensed Civil or Structural engineer shall inspect the
condition of the seawall and provide a design to repair or replace the wall as
required, unless otherwise approved by the Building Department.
6.
Provide pool safety fencing and guardrail as required on all
sides of pool on property lines to the satisfaction of the Building Department.
7.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
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:ks
Attachments: Vicinity Map
Appeared
in Opposition: None
Appeared in Support:
None
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Modification Permit No. MD2007-049
PA2007-110
1903 East Bay Avenue