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MODIFICATION
PERMIT NO. MD2006-027 (PA2006-052) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2006-027 (PA2006-052) |
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Applicant |
Thomas Burger
Architect |
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Site Address |
463 Serra Drive |
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Legal Description |
Lot 84, Tract 1237 |
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On July 23, 2007,
the Zoning Administrator approved the application request to allow an addition and alterations to an existing,
single-family dwelling, portions of which will encroach zero to 5-feet
3-inches into the required 15-foot front yard setback adjacent to Serra
Drive. The proposed encroachment includes a corner of the new, subterranean,
two-car garage with a roof deck above. 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 and proposed
residential structure is consistent with this designation. The addition of a
subterranean garage and deck/guardrail above is accessory to the principal
residential structure.
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 property is an irregularly shaped corner lot subject to
required 15-foot front yard setbacks adjacent to
·
The encroachment into the required 15-foot front yard
setback of a portion of the proposed subterranean, two-car garage and roof
deck/guardrail above is minor in nature.
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:
·
The
property is irregular in shape with the narrowest portion located adjacent to
the westerly side property line. Due to the position of the existing home and
since the lot is subject to two 15-foot front yard setbacks, any additions to
the structure must be located within the narrowest portion of the lot. Staff
has determined that in this instance, the strict application of the Zoning Code
regulations would reduce the useable space of the front yard 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 reason:
·
The granting of this modification permit which allows the encroachment
of a portion of the proposed subterranean two-car garage and roof
deck/guardrail above within a front yard setback is similar to and consistent
with modified and conditioned approvals
granted by the Modifications Committee, the Zoning Administrator, and the
Planning Commission on appeal for encroachments of similar structures in this
neighborhood and Citywide.
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 addition of the subterranean two-car garage and
deck/guardrail above does not add habitable or living space to the structure.
·
The proposed encroachment into the required front yard
setback consists of a 34 square foot corner of the subterranean garage and roof
deck/guardrail above and is minor in nature.
·
The minor encroachment of the structure will not obstruct
views or interfere with light or air of neighboring properties.
·
The major portion of the required front yard setback will be
maintained clear of all obstructions.
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 two-car subterranean and roof deck/guardrail
above may encroach a maximum 5-feet 3-inches into the required 15-foot front
yard setback adjacent to
3.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
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
6.
A building permit shall be obtained prior to commencement of
the construction.
7.
A copy of this approval letter shall be incorporated into
the
8.
An approved encroachment permit is required for all work
activities within the public right-of-way which include the construction of the
new driveway approach and the plug of the existing driveway approach with full
height curb and gutter.
9.
Remove existing bushes adjacent to existing driveway
approach from the
10.
A City encroachment agreement is required for all existing
non-standard private improvements within the
11.
If any of the existing public improvements surrounding the
site is damaged by the private work, new concrete sidewalk, curb and gutter,
street pavement, and other public improvements will be required by the City at
the time of completion of private construction. Said determination and the
extent of the repair work shall be made at the discretion of the Public Works
Inspector.
12.
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. MD2006-027
PA2006-052
463 Serra Drive