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MODIFICATION
PERMIT NO. MD2007-076 (PA2007-205) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-076 (PA2007-205) |
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Applicant |
Pacific Coast
Architects |
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Site Address |
606 Harbor Island
Drive |
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Legal Description |
Lot 29, Tract 3867 |
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On November 19, 2007, the Zoning Administrator
approved the application request to permit the encroachment of a proposed barbecue a
maximum 9 feet 8 inches into the required 10-foot front yard setback adjacent
to Promontory Bay. The barbecue will be located at the northwest corner of
the property adjacent to the side property line. The maximum height of the barbecue will be 4 feet
from the existing finished surface. 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 existing residential
structure is consistent with this designation. The proposed barbeque 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 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 barbecue is an accessory structure
commonly located on residential properties. The Zoning code allows fences and
walls to be located within a required front yard setback to a maximum height of
3 feet, but makes no such provision for accessory structures such as barbecues.
·
The maximum height of the structure,
including the attached hood, will be 4 feet measured from the existing finished
surface.
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 is an irregular shaped lot with its narrowest portion adjacent to
·
Requiring
the placement of the barbecue to comply with the required 10-foot front yard
setback 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 granting of the 9-foot 8-inch
maximum encroachment into the required 10-foot front yard setback with the
barbecue is consistent with modified and conditioned approvals granted by the
Zoning Administrator for encroachments of similar structures Citywide.
·
The proposed barbecue is compatible
with and similar to other such accessory structures located on properties
adjacent to the waterfront in
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 proposed location of the barbecue at the northwest
corner of the property will not affect the flow of air or light to the
adjoining residential property since it is located adjacent to the
·
The barbecue, including the hood, will not exceed a maximum
height of 4 feet measured from existing finished grade. In this case, allowing
the over height accessory structure within the required front yard setback will
not result in any detrimental effect to neighboring properties.
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 barbecue accessory structure shall encroach a maximum 9
feet 8 inches into the required 10-foot front yard setback adjacent to
3.
The barbecue shall not exceed a height of 4 feet, including
the attached hood, as measured from existing finished grade.
4.
Anything not specifically approved by this Modification
Permit is prohibited and must be addressed in a separate and subsequent
Modification Permit review.
5.
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.
6.
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.
7.
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.
8.
A building permit shall be obtained prior to commencement of
the construction.
9.
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.
10.
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.
11.
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. MD2007-076
PA2007-205
606 Harbor Island Drive