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MODIFICATION
PERMIT NO. MD2007-051 (PA2007-116) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-051 (PA2007-116) |
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Applicant |
Kurt Donat Architect |
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Site Address |
332 Catalina Drive |
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Legal Description |
Lot 5,
Tract 444 |
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On July 23, 2007,
the Zoning Administrator approved the application request to exceed the 3-foot height limit for a combination porch/guardrail,
stairs, and combination retaining wall/fence allowed in a required front yard
setback. The proposed will be constructed to a maximum height of 6 feet
measured from natural grade. Also, the Zoning Administrator approved the
request to allow encroachment into the required 10-foot front yard setback of
the proposed porch/guardrail and stairs a maximum 9 feet 3 inches, and the
combination retaining wall/fence adjacent to the southerly side property line
a maximum 10 feet. Additionally, the request includes a proposed 2-foot
6-inch encroachment into the required 4-foot side yard setbacks below grade temporary/permanent
shoring and eleven (11) below grade caissons a maximum 6 inches.
The property is located in the R-2 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 Two-Unit Residential” use. The existing
and proposed single-family residence 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 3 (New Construction or Conversion of
small Structures) and Class 3 (New Construction or Conversion of Small
Structures) and 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 subject property is a regular shaped lot with frontages
on
·
The Zoning Code allows patios, porches and stairs up to
3-feet in height to encroach into required front yard setbacks.
·
The encroachment into the front yard setback with a
combination porch/guardrail and stairs is a minor encroachment which does not
consist of any habitable space.
·
The encroachment of portions of the 12 caissons and
temporary shoring (permanent feature) into the required side and front yard
setbacks is minor in nature, will be located below grade, and will provide
stabilization of the soils adjacent to
the proposed new single-family structure.
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 reason:
·
Construction of habitable space on the
property is limited due to the steep slope which occurs on approximately
two-thirds of the lot’s square footage. It is Staff’s determination that, in
this instance, the strict application of the Zoning Code would further restrict
the usable area of the remaining one-third of lot adjacent to
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 front yard setback with a combination
porch/guardrail and stairs up to 6-feet in height 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.
·
Allowing
the encroachment of below grade caissons and temporary shoring within the
required 10-foot front yard and 4-foot side yard setbacks is also consistent
with previous Modification Permits granted 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 encroachment into the required 10 foot front yard
setback of the proposed porch/guardrail and stairs is minor and does not
consist of livable space.
·
The proposed encroachment of caissons and temporary shoring
into the required front and side yard setbacks will provide stabilization of
the soil adjacent to the proposed new single family dwelling, and will be
constructed below grade.
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 porch/guardrail and stairs may be constructed
to a maximum height of 6 feet measured from natural grade, and may encroach a
maximum 8-feet 8-inches into the required 10-foot front yard setback.
3.
The proposed temporary shoring may encroach a maximum 2-feet
6-inches into the required 4-foot side yard setbacks and permanent retention in
place is subject to Planning Department approval.
4.
Eleven of the
proposed below grade caissons may encroach a maximum 6 inches into the required
4-foot side yard setbacks, and one proposed caisson may encroach 6 inches into
the required 10-foot front yard setback.
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.
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.
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
Letters of Oppostion: J. Bairian,
W.
Davis,
Appeared
in Opposition: None
Appeared in Support:
None
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Modification Permit No. MD2007-051
PA2007-116
332 Catalina Drive