|
MODIFICATION
PERMIT NO. MD2007-077 (PA2007-207) |
||
PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
|
|
|
|
|||
|
|||
|
|
|
Application No. |
Modification Permit No. MD2007-077 (PA2007-207) |
Applicant |
Tom Nicholson |
Site Address |
4645 Fairfield Drive |
Legal Description |
Lot 62, Tract 03357 |
On November 19, 2007, the Zoning Administrator
approved the application request to permit the encroachment of a 5-foot tall wrought
iron fence within the 30-foot front yard setback along Orrington Road. The
fence is proposed for pool protection purposes. Also included is the request
to permit the encroachment of the pool structure 18 feet into the 30-foot
front yard setback. The encroachment varies in height from 4 feet 6 inches to
6 feet 6 inches measured from natural grade.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. |
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 pool structure and
pool protection fence 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. 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:
·
Pool structures are permitted within
required rear and side yard setbacks limited to a maximum height of 6 feet
measured from natural grade and within required front yard setbacks limited to
a maximum height of 3 feet measured from natural grade. Development regulations
allow fences and walls to be located within side yard and rear yard setbacks
limited to a maximum height of 6 feet measured from natural grade and within
front yard setbacks limited to a maximum height of 3 feet measured from natural
grade.
·
The portion of the pool structure that
will encroach up to 18 feet into the 30-foot front yard setback will have a
maximum height of 6 feet 6 inches measured from natural grade and encroaches
into the yard that is not used as a
front access to the dwelling unit.
·
The
5-foot high wrought iron fence that will encroach 27 feet into the 30-foot
front yard setback adjacent to
·
The 30-foot front yard setback
adjacent to
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
houses on the southerly block of Fairfield Drive, including 4645 Fairfield
Drive, all orient toward and have access from Fairfield Drive. The 30-foot
front yard setback is inconsistent with the orientation of the houses and is
along the rear of the lot adjacent to
·
The
Covenants, Conditions and Restrictions limit single-family structures in this
neighborhood to one story. In addition, the Zoning Code limits the maximum lot
coverage to 60 percent. Both restrictions limit the viable locations for
providing a pool and related pool protection fencing.
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 Modifications Committee has
approved similar requests within this neighborhood and City wide for pool
structures and pool protection fences to exceed the maximum permitted 3-foot
height limit within the front-yard setback.
·
A pool and pool protection fencing are
accessory structures that are enjoyed by other
single family residences throughout the City.
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 5-foot tall wrought iron fence will provide
pool protection for the proposed pool to be located within the 30-foot front
yard setback along
·
The 5-foot tall pool protection fence will be open wrought
iron and in most cases will be below the elevation of the building pads for
residential properties on
·
The wrought iron fence and the pool structure, as
conditioned, will meet sight distance requirements of the Public Works
Department.
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.
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.
4.
The pool protection fence shall be of open wrought iron
construction and shall not exceed 5 feet in height.
5.
The pool structure shall have a maximum height of 6 feet 6 inches measured from natural grade within the
30-foot front yard setback along
6.
There shall be no vertical plantings within
the 3-foot setback between the pool protection fence and the property line. All
hedges, screens, or vertical plantings shall be limited to 3 feet in height
within the front yard setback.
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.
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.
12.
Any wall, fence or other obstruction is not permitted within
the public right-of-way.
13.
All improvements
shall comply with the City’s sight distance requirement.
14.
That the design of the development will not conflict with
any easements acquired by the public at large for access through or use of property
within the proposed development.
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:msg
Attachments:
Vicinity Map
Appeared
in Opposition: None
Appeared in Support:
None
|
Modification Permit No. MD2007-077
PA2007-207
4645 Fairfield Drive