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MODIFICATION
PERMIT NO. MD2007-050 (PA2007-111) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-050 (PA2007-111) |
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Applicant |
Paul and Norma
Fruchbom |
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Site Address |
1132 Ebbtide Road |
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Legal Description |
Lot 77, Tract 2202 |
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On August 20, 2007,
the Zoning Administrator approved the application request to exceed the 3 foot height limit allowed for fences
and screen plantings (hedges) in the required 86-foot front yard setback with
the retention of the following existing elements: 1.) screen planting/hedge,
2.) an entry gate, 3.) a pilaster, and 4.) sculpture. Also included is a
request to permit the addition of a new 10-foot tall sculpture and retention
of the existing screen planting (hedge) that encroaches 74 feet into required
86-foot front yard setback. The application includes a request to allow the retention
of an existing vehicle access gate located within the 6-foot side yard
setback. The hedge is approximately 18 feet tall and the vehicle access gate
is approximately 11 feet tall, measured from the adjacent sidewalk.
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 residential structure is
consistent with this designation. The existing hedge, portion of entry gate,
pilaster, existing and proposed sculptures, and existing vehicle access gate
are accessory structures 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 1 (Existing Facilities).
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 corner lot
located at the intersection of
·
The property is subject to a required
86-foot front yard setback fronting
·
A Modification Application (MD2509)
was approved February 19, 1980 permitting the construction and replacement of
an existing 6 to 7-foot high fence and driveway gate along the northeasterly
side property line. Also a new 8-foot 6-inch high entry archway (the archway
was not constructed but two 6-foot tall pilasters were constructed in its
place) and a 6 to 7-foot high fence encroachment, 38 feet into the required
86-foot front yard setback area along Crown Drive, was approved.
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:
·
The property has a required 86-foot
front yard setback which allows accessory structures to a maximum height of
3-feet. This required front yard area is approximately one-half the length of
the lot and is the view-side of the property. Although the subject property is
generally elevated above street level, it is at the same elevation or lower
than properties located across
·
The retention of the vehicle access
gate at the rear of the property is requested to provide noise mitigation for
the residence and pool area from the street traffic at the intersection 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 reasons:
·
The proposed project will modify the
previous action taken by Modification Application No. 2509, approved February 19,
1980, which permitted a side yard fence and front entry gate exceeding the
3-foot height limit to encroach 38 feet within the required front yard setback
area and a fence and driveway gate exceeding the 6-foot height limit within the
required side yard setback area. The revised request will extend the fence and
pilaster approximately 8 feet into the 86-foot front yard setback and has been
in place for several years, as evidenced by photographs presented at the
hearing.
·
Reducing and limiting the height and
granting the request to exceed the height limit for hedges, walls, gates and
other accessory structures within the required front and side yard setbacks is
consistent with conditioned approvals granted by the Modifications Committee
and the Planning Commission for similar structures in this neighborhood and
Citywide. This will also reduce the existing nonconforming status and bring the
height closer to conformance to the allowances authorized by the Community
Association.
·
The encroachment of the hedge (as
reduced and limited in height by this approval), portion of entry gate,
pilaster, vehicle access gate and sculptures within the front and side yards is
minor in nature and consistent with the encroachment of similar structures
within the front and side yards of corner properties within the neighborhood.
·
The Harbor View Hills Community
Association has no objection to the existing and proposed hedges, and by
extension will have no objection to the reduced and limited height of the hedge
and screen plantings.
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 existing hedge extending beyond
the originally permitted 38-foot front yard encroachment will be lowered to
match the height of the hedge approved by Modification Permit No. 2509. The
lowered height of the hedge will continue to provide privacy for the front and
side yards of the existing residence, and will limit obstruction of views
across the property by neighboring properties.
·
The encroachment of the existing hedge,
portion of entry gate, pilaster, and sculpture, and the proposed sculpture into
the required front yard setback is minor in nature and will limit the
obstruction of views from the neighboring properties.
·
The vehicle access gate which exceeds the height allowed by
Modification Permit No. 2509 has not caused any sight distance problem along
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.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
3.
The existing hedge previously approved by Modification
Permit No. 2509 allowing an encroachment into the required 86-foot front yard
setback will be lowered to between 6 and 7 feet in height to comply with the
original conditions of approval of the Modification Permit.
4.
The existing 6-foot high pilaster, portion of entry gate and
approximately 10-foot high sculpture encroaching 46 feet into the 86-foot front
yard setback shall be retained at their present height. The existing hedge
encroaching approximately 74 feet into the required 86-foot front yard setback
may be retained and shall be regularly maintained in height to between 6 and 7
feet to match the hedge previously approved by Modification Permit No. 2509,
and in no case shall it exceed a maximum height of 7 feet measured from the
immediately adjacent grade elevation of the interior front yard.
5.
The placement of new trees (in accordance with the
definition of the Municipal Code) located within the 86-foot front yard
setback, along the northeasterly property line shall be adequately spaced and
shall not create a hedge or screen planting, and shall receive review and
approval by the Planning Department prior to installation.
6.
The proposed sculpture shall be a maximum of 11 feet in
height (including its base), and will be located to the interior side of the
existing hedge. The sculpture shall encroach no more than 65 feet into the
required 86-foot front yard setback, unless otherwise approved by the Zoning
Administrator.
7.
The existing driveway access gate (approximately 11 feet in
height measured from the adjacent sidewalk) may be retained in its present
configuration and shall not exceed present height. Application and plans for
building permit for the as-built installation shall be submitted within 30 days
of the effective date of this approval and a building permit shall be obtained
within 60 days of the effective date of this approval.
8.
In order to provide adequate sight distance at the
intersection of Ebbtide Road and Crown Drive, the height of existing plantings
shall be reduced to 24 inches maximum within the sight distance triangle, per
City Standard 110-L, unless otherwise approved by the Public Works Department.
This reduction in height of plantings within the sight distance triangle shall
be subject to review and approval prior to issuance of building permits, unless
otherwise approved by the Public Works Department.
9.
Modification Permit No. 2059 approved a 6 to 7 foot fence
along the northeasterly property line encroaching 38 feet into the 86 foot
front setback. The existing hedge along the property line is limited from 11 to
12 feet in height and will terminate 38 feet into the required 86-foot front
setback, shall be regularly maintained in height to between 11 and 12 feet, and
in no case shall it exceed a maximum height of 12 feet measured from the
immediately adjacent grade elevation of the interior front yard.
10.
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 completion of private construction. Said determination and the extent
of the repair work shall be made at the discretion of the Public Works
inspector.
11.
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.
12.
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.
13.
A building permit shall be obtained for the as-built
sculpture and the vehicle access gate installation, prior to commencement of
construction.
14.
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.
15.
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.
16.
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/rb
Attachments:
Vicinity Map
Opposition Letter: S.
Booty and G. Collins,
Letters
in Support; Landstrom,
Harbor
View Hills Community Association
Michael
Strong,
Appeared
in Opposition: G. Collins,
Appeared in Support:
Simondi,
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Modification Permit No. MD2007-050
PA2007-111
1132 Ebbtide Road