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MODIFICATION
PERMIT NO. MD2007-089 (PA2007-247) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Modification Permit No. MD2007-089 (PA2007-247) |
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Applicant |
Brion Jeannette
Architecture |
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Site Address |
2201 & 2209
Bayside Drive |
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Legal Description |
Parcel 1 and Parcel 2 , Block D, Resub 0348 |
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Approved as Revised and Conditioned: Request to allow the
encroachment of shoring, caissons, and foundation for two adjacent, currently
vacant, properties that are each proposed to be developed with a single
family dwelling. The encroachments for both properties are as follows:
caissons and shoring |
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During the Modification Hearing of
January 14, 2008 the applicant requested to redesign the proposed
developments revising the Modification request. On January 14, 2008,
the Zoning Administrator approved as
conditioned the following as a revision to the original request. The
encroachment of mat slab foundations of 4 feet into the required 4-foot side
yard setbacks adjacent to the shared property line between proposed
development sites located at 2201 and |
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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 structures
are 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 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 Zoning Code allows the
encroachment of architectural features such as roof overhangs, brackets,
cornices, and eaves to project up to 2 feet 6 inches into any required front or rear yard setback provided that
such features shall not project any closer than 2 feet from side property lines
but does not have any such provisions for below grade structural encroachments.
·
The revised proposed encroachments of
mat slab foundation into each property’s required 4-foot interior side yard
setbacks and the revised proposed encroachments of caissons and steel shoring
1-foot into the required 4-foot side yard setbacks for both properties are
necessary to support the structural foundations and waterproofing of the new
dwellings due to the existing waterfront soil conditions at these sites located
on the Newport Bay shore.
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
subject adjacent properties are located along
·
The
proposed mat slab foundation encroachments of 4 feet into each of the
property’s required 4-foot side yard setbacks adjacent to the shared property
line enables a continuous waterproof joint including center bulb waterstops to
be used by both properties.
·
The
proposed encroachments into the side yard setbacks are reasonable design
solutions given the development constraints due to waterfront geological
conditions of the subject properties.
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:
·
Granting the request to encroach into
the required side yard setbacks of each property with mat slab foundations,
caissons, and steel shoring is similar and consistent with modified and
conditioned approvals granted by the Zoning Administrator and the Modifications
Committee within the neighborhood and throughout the City.
·
The new developments will maintain all
required setbacks above grade.
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 revised proposed mat slab foundations and caissons with
steel shoring encroachments are below grade encroachments that are out of
public view and will not be visible upon completion of the developments.
·
The revised proposed encroachments of mat slab foundations
and caissons with steel shoring support a functional foundation system
including secure waterproofing and will meet Building Department requirements
necessary to support developments that will not adversely affect the health or
safety of persons residing or working in the neighborhood of the properties and
will not be detrimental to the general welfare or injurious to property or
improvements in the neighborhood.
·
All above grade
required setbacks for both development sites will remain clear of structural
encroachments.
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.
Prior to issuance of building permits, the applicant shall
request the new address of 2201 Bayside Drive by submitting a letter describing
the request in detail to Marina Marrelli, Lead Assistant Planner of the
Planning Department.
7.
The caisson and steel shoring for each development shall
maintain a minimum setback of 3 feet to the side property lines measured from the
face of the laggings (vertical face).
8.
A building permit shall be obtained prior to commencement of
the construction.
9.
The stairs between the two
properties shall comply with Building Code requirements and may require the
filing of a recorded instrument, to be determined by the Building Department.
10.
Fences and walls within required side yard setbacks are
limited to a height of 6 feet measured from existing/natural grade.
11.
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.
12.
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.
13.
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/es
Attachments:
Vicinity Map
Letter of
opposition: D. O’Neil, on behalf of, D. Jenkins
Appeared
in Opposition: D. O’Neil, Z. Sham, B. Jeannette, C. Konrad
Appeared in Support:
None
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Modification Permit No. MD2007-089
PA2007-247
2201 & 2209 Bayside Drive