MODIFICATION PERMIT NO. MD2007-056 (PA2007-142)
	PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644-3200 FAX (949) 644-3229

Application No.	Modification Permit No. MD2007-056 (PA2007-142)
Applicant	Eric F. Mossman
Site Address	371 Via Lido Soud
Legal Description	Tract 907, Lot 925 southeasterly 30 feet
On August 6, 2007, the Zoning Administrator approved the application request to allow to exceed the 6-foot height limit of walls within a required side yard setback with an 8-feet 8-inch tall stone entry arch. The entry arch encroaches 3 feet into the required 3-foot side yard setback. The property is located in the MFR District. The Zoning Administrator’s approval is based on the following findings and subject to the following conditions.

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 stone entry arch 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. .

4. 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 6-feet high within required side yard setbacks.

· The proposed stone entry arch is an architectural feature. The encroachment into the required side yard of a 3-foot wide portion exceeding the 6-foot height limit is minor in nature.

5. 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 subject property is located on Lido Isle facing Newport Bay. Residences adjacent to the waterfront are generally oriented with street facing garages and side yard entrances. The entrance to the new single-family residence currently under construction, is facing the south side property line. The property adjacent to the south is a boat yard used by residents of Lido Island for sailboat launching and storage. The proposed stone entry arch will provide privacy to the side yard entrance from vehicle and pedestrian traffic along Via Lido Soud and from those residents using the boat yard.

6. 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:

· The proposed stone entry arch is consistent with the Residential Design Criteria of the General Plan requiring “the main dwelling entrance should be clearly articulated through the use of architectural detailing”, and is similar in design to other architectural design features located throughout the Lido Isle community.

· Granting the request to encroach into the required side yard setback with a portion of the proposed stone entry arch exceeding the 6-foot height limit for walls within the required side yard 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 within the neighborhood and throughout the City.

7. 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 side yard of a 3-foot wide portion of the proposed stone entry arch exceeding the 6-foot height limit for walls and fences in a required side yard is minor in nature.

· The proposed stone entry arch is located within the required 3-foot southerly side yard setback 4-feet behind the required 4-foot front yard setback. The stone entry arch will not affect sight distance from Via Lido Soud, will not affect the flow of air or light to the adjacent non-residential property, and no public views through or across the subject property will be affected by the proposed project.

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 maximum 3-foot wide portion of the proposed stone entry arch may exceed the 6-foot height limit within the required 3-foot side yard setback a maximum 2 feet 8 inches measured from natural grade. The 3-foot wide portion of the stone entry arch may encroach a maximum 3 feet into the required 3-foot side yard setback.

3. Anything not specifically approved by this modification permit is prohibited and must be addressed in a separate and subsequent modification permit review.

4. 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.

5. 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.

6. 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.

7. A building permit shall be obtained prior to commencement of the construction.

8. 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.

9. 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.

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 Planning Commission within 14 days of the action date. A $600.00 filing fee shall accompany any appeal filed. No building permits may be issued until the appeal period has expired. A copy of the approval letter shall be incorporated into the Building Department set of plans prior to issuance of the building permits or issuance of revised plans.

By:

Zoning Administrator Javier S. Garcia, AICP

JSG:ks

Attachments: Vicinity Map

Appeared in Opposition: None

Appeared in Support: None

VICINITY MAP

Modification Permit No. MD2007-056

PA2007-142

371 Via Lido Soud