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MODIFICATION
PERMIT NO. MD2007-067 (PA2007-168) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-067 (PA2007-168) |
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Applicant |
Tim Decinces |
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Site Address |
920 Kings Road |
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Legal Description |
Lot 9, Block G, Tract 1219 |
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On September 24, 2007,
the Zoning Administrator approved the application request to allow the encroachment into the 20-foot front yard
setback of below grade retaining walls attached to and part of the foundation
of a proposed single family residence with subterranean parking. The
retaining walls range in height from zero to 3-feet 6-inches above existing
grade and are located on either side of the driveway from the front of the
subterranean garage to the front property line. The property is
located in the R-1 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 proposed residential
structure is consistent with this designation. The proposed retaining walls are
an extension of the foundation of the subterranean garage and new single family
dwelling 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 3 (New Construction or Conversion of small
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 lot is regular in shape
and slopes from the building pad toward the street level of
·
The Zoning Code allows walls and
fences in a required front yard setback up to 3 feet in height.
·
The proposed retaining walls will be
generally located below existing/natural grade.
·
The proposed retaining walls are
structural in nature since they are an extension of the foundation of the
proposed subterranean garage.
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:
·
There
is no alley access to the subject property; the building pad is approximately 4
feet higher than the street level along the front property line 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:
·
The proposed new single-family residence
and subterranean garage will comply with all Zoning Code setback requirements.
·
Walls and fences are allowed in
required front yard setbacks up to 3 feet in height. The proposed retaining
walls will be attached to the foundation of the subterranean garage and will be
generally located below existing/natural grade. A small portion of the
retaining wall will exceed the allowed height limit up to 6 inches.
·
The granting of an approval for the
proposed retaining walls is similar to and 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 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:
·
Since the proposed retaining walls are below grade
structures, they will not affect the light and air of adjacent properties.
·
The proposed new single-family residence and subterranean
garage will comply with all Zoning Code setback requirements.
·
The proposed retaining walls will comply with all City Sight
Distance requirements.
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.
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.
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.
Reconstruct the existing broken and/or damaged concrete curb
and gutter along
6.
The existing driveway approach along
7.
All existing drainage facilities in the public right-of-way,
including the existing curb drains along
8.
A minimum 12-inch wide by 12-inch deep full depth AC
patchback is required against the new edge of gutter along the length of all
curb and gutter and curb access ramp reconstruction work. Tack coat all joint
surfaces prior to patchback placement.
9.
10.
All existing and proposed private, non-standard improvements
within the public right-of-way and/or extensions of private, non-standard
improvements into the public right-of-way fronting the development site shall
be removed.
11.
Install new sod or low groundcovers of the type approved by
the City throughout the
12.
All improvements shall comply with the City’s sight distance
requirement.
13.
In case of damage done to public improvements surrounding
the development site by the private construction, additional reconstruction
within the public right-of-way could be required at the discretion of the
Public Works inspector.
14.
All on-site drainage shall comply with the latest city water
quality requirements.
15.
Water meter and sewer cleanout will be located in the public
right-of-way. If installed at a location that will be subjected to vehicle
traffic, each shall be installed with a traffic-grade box and cover.
16.
Driveway descent to below grade garage shall start at the
property line per City Standard STD-160-L-C. The maximum allowable grade is 15
percent and the maximum grade change is 11 percent.
17.
Per Chapter 13 of the City Municipal Code, street trees
shall be planted along the
18.
Per Council Policy L-6, private encroachments in the public
right-of-way, structural encroachments including, but not limited to fences,
walls, patios, raised planters, etc., which encroach in excess of 1 foot into
the public right-of-way, or exceed 3 feet in height measured from top of curb
elevation is prohibited. Please revise plans to meet the Council Policy.
19.
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.
20.
A building permit shall be obtained prior to commencement of
the construction.
21.
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.
22.
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.
23.
This approval shall expire unless
exercised within 24 months from the approval date, as specified in Section
20.93.050 (A) of the Newport Beach Municipal Code. Prior to the expiration date
of this approval, an extension may be approved in accordance with Section
20.93.050 (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. MD2007-067
PA2007-168
920 Kings Road