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MODIFICATION
PERMIT NO. MD2007-070 (PA2007-181) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-070 (PA2007-181) |
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Applicant |
Brad and Janine
Helman |
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Site Address |
1830 Port Stirling
Place |
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Legal Description |
Lot 76, Tract 6565 |
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On October 8, 2007,
the Zoning Administrator approved the application request to encroach into the required 10-foot rear yard setback
with a freestanding fireplace, barbeque , and an open-beam freestanding
trellis. The fireplace may encroach 3 feet, the barbeque 4 feet, and the trellis
structure 7 feet. The property is located in the PC-3
(Harbor View Hills Planned Community) 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 proposed freestanding
fireplace, barbeque, and open beam trellis are 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 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; and more specifically, the Harbor View Hills
Planned Community District Regulations (PC text) and the provisions of Chapters
20.10 and 20.60 of the NBMC. 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 freestanding fireplace, barbeque,
and open beam trellis are accessory structures commonly located on residential
properties. Development Regulations allow fences and walls to be located within
a side or rear yard setback limited to a maximum height of 8 feet, but makes no
such provision for accessory structures such as fireplaces and barbeques.
Development Regulations allow open beam trellis construction that is attached
to the main dwelling to extend to within 3 feet of the side or rear property
line and limits the height to 8 feet within side yards but makes no such
provisions for detached trellises.
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
average yard space is 20 feet in depth which limit locations to provide useable
yard space. It is staff’s determination that such placement is not the intent
of the setback requirements of the Harbor View Hills Planned Community District
Regulations. The placement of the structures to comply with the required
setbacks would result in a physical hardship.
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 granting of the encroachments for
the freestanding fireplace, barbeque, and open beam trellis are consistent with
modified and conditioned approvals granted by the Modifications Committee for
encroachments of similar structures in this neighborhood and Citywide.
·
The open beam trellis would comply
with Code requirements if it were attached to the main dwelling. Otherwise, the
trellis has the characteristics of the construction that is permitted by the PC
text without the need for approval granted by the Zoning Administrator.
·
The proposed improvements are
compatible with and similar to other improvements in the neighborhood.
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:
·
As conditioned, the fireplace will be
gas-burning only. The prohibition to burn smoke-generating combustible material
will mitigate any detrimental or negative effects relative to health and safety
of persons, property or improvements in the neighborhood.
·
The proposed encroachments into the
10-foot required rear yard setback with the freestanding fireplace, barbeque,
and open beam trellis are minor. The proposed locations of the structures do
not result in an increase of any detrimental effect to property or improvements
in the neighborhood.
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.
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.
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 Building Department and field sets of plans prior to issuance of the
building permits.
8.
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.
9.
The overall height of the fireplace, including the spark
arrestor or flue extension shall be 8-feet 6-inches measured from natural grade
directly below.
10.
The fireplace shall be located in the northeasterly portion
of the subject property as depicted on the plans submitted with this
application. The structure shall maintain a minimum setback of 7 feet measured
from the rear property line to the face of the structure.
11.
The barbeque shall maintain a minimum setback of 6 feet
measured from the face of the structure to the rear property line.
12. The freestanding
fireplace shall be restricted to gas-burning only. The burning of wood or any
smoke-producing combustible product is strictly prohibited, unless the
fireplace is relocated outside of the rear yard setback.
13. The open beam
trellis shall maintain a minimum setback of 3-feet measured from the face of
the uprights to the property line. The overhang of the trellis shall be
permitted to encroach a maximum 10 inches into the minimum 3-foot setback for
the uprights.
14. Curb drains
shall be retrofitted to comply with current water quality requirements.
15. 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:mg/rb
Attachments:
Vicinity Map
Appeared
in Opposition: None
Appeared in Support:
None
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Modification Permit No. MD2007-070
PA2007-181
1830 Port Stirling Place