MODIFICATION PERMIT NO. MD2007-055 (PA2007-140)
	PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644-3200 FAX (949) 644-3229

Application No.	Modification Permit No. MD2007-055 (PA2007-140)
Applicant	Kevin Schley and Associates
Site Address	501 Catalina Drive
Legal Description	Portion of Lots 23 and 24, Block 30, First Addition to Newport Heights
On September 24, 2007, the Zoning Administrator denied the application request to allow an addition and alteration to an existing single family dwelling that currently encroaches into the front and side yard setbacks. Portions of the proposed addition will encroach 6 feet into the 10-foot rear yard setback; 1 foot into the northwesterly 4-foot side yard setback; and 16 feet into the 20-foot front yard setback (adjacent to Clay Street). The property is located in the R-1 District. The Zoning Administrator’s denial is based on the following findings.

FINDINGS FOR DENIAL

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 1 (Existing Facilities).

3. In accordance with the provisions of Chapter 20.93, the Zoning Administrator has determined that the granting of this application is not necessary due to practical difficulties associated with the property. The strict application of the Zoning Code does not result in physical hardships that are inconsistent with the purpose and intent of the Zoning Code for the following reasons:

· The subject property is a corner lot located at the intersection of Clay Street and Catalina Drive. The property is a re-oriented lot with required 20-foot front yard setback adjacent to Clay Street. The sides (4-feet) and rear (10-feet) setbacks are default setbacks required for properties located in the R-1 zone. Additionally, since the property is a re-oriented corner lot, it is subject to a required reversed corner setback of 20-feet by 20-feet at the rear of the property adjacent to Catalina Drive.

· Application of the standard setbacks required of properties in the R-1 zone and to reoriented, reversed-corner lots does not preclude the provision of adequate space to expand the existing structure within the buildable area.

· There are no existing unusual or extraordinary circumstances related to site topography or lot dimensions that justify the proposed encroachments.

4. In accordance with the provisions of Chapter 20.93, the Zoning Administrator has determined that the requested modification will not be compatible with existing development(s) in the neighborhood for the following reason:

· Properties in the vicinity and neighborhood of the subject property generally maintain the required front, side and rear yard setbacks required by the Zoning Code.

5. In accordance with the provisions of Chapter 20.93, the Zoning Administrator has determined that the granting of this Modification Permit will adversely affect the health or safety of persons residing or working in the neighborhood of the property and would be detrimental to the general welfare or injurious to property or improvements in the neighborhood based on the following:

· Approval of the proposed encroachments into the required front, rear, and reverse corner setbacks could set a precedent for the approval of similar requests that cumulatively could be detrimental to the neighborhood.

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.

By:

Zoning Administrator Javier S. Garcia, AICP

JSG:ks

Attachments: Appendix

Vicinity Map

Appeared in Opposition: None

Appeared in Support: None

APPENDIX

Title 19 Compliance

The Subdivision Code Section 19.68.040 provides that no new construction or building alteration of value greater than $27,604.00 shall be permitted on a portion of a lot adjacent to a portion of a lot held by the same owner if any one of the contiguous lots held by the same owner does not conform to standards for minimum lot size under Title 20 (Zoning Code) until a resubdivision or, if deemed appropriate by the Planning Director, a lot line adjustment, has merged said lots into a single-development site. Since the site is comprised of portions of two lots, a lot line adjustment is required to combine them into a single parcel of land for the proposed development.

It is possible that a certificate of compliance may be approved to accomplish the combining of the portions of lots, if adequate supporting documentation can be provided. If the certificate of compliance cannot be supported or approved, a lot line adjustment to combine the portions of lots will be required.

VICINITY MAP

Modification Permit No. MD2007-055

PA2007-140

501 Catalina Drive