MODIFICATION PERMIT NO. MD2007-090

(PA2007-248)

PLANNING DEPARTMENT

3300 NEWPORT BOULEVARD

NEWPORT BEACH, CA 92663

(949) 644-3200  FAX (949) 644-3229

 

 

 

 

 

 

 

 

 

Application No.

 

Modification Permit No. MD2007-090

(PA2007-248)

 

Applicant

 

Stuart Guthrie

Site Address

 

2281 Orchard Drive

Legal Description

 

Lot 6, Tract 14288

 

On January 14, 2008, the Zoning Administrator approved the application request to permit the construction and encroachment of an entry arbor and two walls that extend past the maximum permitted height limit within the required 20-foot front yard setback. The entry arbor is proposed to encroach a maximum 18 feet 4 inches into the required 20-foot front yard setback with a maximum height of 9 feet measured from natural grade. The proposed walls have a maximum height of 42 inches with 4-inch 6 feet caps on the pilasters and entry gates with an average height of 44 inches (46 inches at its highest point) and encroach into the required 20-foot front yard setback as follows: in the southwest corner the wall extends 18 feet into the required 20-foot front yard setback including a portion that extends along the westerly side property line; in the northeast corner the wall encroaches a maximum 4-feet 2 feet into the required 20-foot front yard setback and acts as a transition between an existing 6-foot tall pilaster and a new 42-inch 3 foot wall tall wall. The property is located in the SP-7 (East Santa Ana Heights Specific Plan) 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 block walls with pilasters and entry arbor 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:

 

·                    The Zoning Code allows walls, fences, and similar structures limited to 3 feet high above natural grade within the required 20-foot front yard setback of the subject property.

·                    The existing single family dwelling on the subject property is built within 25 feet of the front property line leaving a substantial portion of the useable front yard area within the required 20-foot front yard setback.

 

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:

 

·                    Orchard Drive is a well traveled street that is often used as access to Bristol Street via Birch Street and Irvine Avenue by East Santa Ana Height’s residents. The property at 2281 Orchard is subject to noise and headlight impacts from vehicles. The Zoning Code permitted 3-foot tall walls do not provide adequate noise and head light abatement.

·                    The Zoning Code permits walls, fences, and similar accessory structures to be higher than 3 feet if they are not within the required front yard setback and up to a maximum 6 feet within side and rear yard setbacks. Pulling the wall back out of the required 20-foot front yard setback to exceed the 3-feet maximum height would greatly inhibit the useable front yard space of the subject property.

·                    The revised proposed encroachments of the 42-inch tall walls and 9-foot tall entry arbor extend within 2-feet of the front property line provide additional privacy and security for the subject property.

 

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 front yard setback with the revised proposed 42-inch tall block walls with 46-inch tall pilasters and entry gates, and a 9-foot tall entry arbor is consistent with modified and conditioned approvals granted by the Zoning Administrator and the Modifications Committee throughout the City.

·                    The revised proposed block walls with pilasters, entry gates, and entry arbor are consistent with the size and scale of existing walls, pilasters, and entry arbors within the neighborhood of East Santa Ana Heights.

 

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 block walls with pilasters, entry gates, and the entry arbor will not affect public or private views.

 

CONDITIONS

 

1.                  The development shall be in substantial conformance with the revised 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.                  The approved as revised block walls, pilasters, and entry arbor shall have a maximum encroachment of 18 feet into the required 20-foot front yard setback.

 

4.                  The maximum height of the proposed pilasters and block walls shall not exceed 42 inches measured from existing grade with an additional 4 inches permitted for pilaster caps only. The heights shall be measured from natural/existing grade.

 

5.                  The entry arbor shall not include plantings or light fixtures and shall have a maximum height of 9 feet measured from natural/existing grade. The length shall be a maximum 12 feet with maximum 18 inch overhangs allowed at each end. The maximum width shall be 2 feet with maximum 6 inch overhang allowed.

 

6.                  No part of the entry arbor shall overhang onto the public right-of-way.

 

7.                  The entry gate shall swing inwards towards the house and have a maximum average height of 44 inches measured from natural/existing grade (top of gate at highest point shall not exceed 46 inches). The proposed average stacked stone pilaster with concrete cap and light on either side of the existing concrete drive apron shall not exceed a maximum 46 inches in height as well.

 

8.                  The transition wall shall not exceed the height of the existing 6-foot tall pilaster, shall encroach a maximum 4 feet into the required 20-foot front yard setback and shall create a taper between the existing 6-foot tall pilaster and the revised proposed 42-inch block wall.

 

9.                  A hold shall be placed on the final of building permits until a code enforcement inspection has taken place on the subject property verifying top of wall and arbor heights.

 

10.             Remove all steps from the public-right-of-way.

 

11.             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.

 

12.             Update notes on revised plan per work from Encroachment Permit N2007-0485.

 

13.             If any of the existing public improvements surrounding the site are 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.

 

14.             The existing cleanout at the curb drain is not allowed. Curb drains shall be installed perpendicular to the curb face and used for the purpose of discharging storm overflows only. Provide details showing how this overflow-only requirement will be satisfied. One method to satisfy this storm overflow-only requirement would be to add a bottomless area drain to the subdrain pipe at the property line prior to discharge through the curb drain. The portion of the private subdrain system to be installed within the public right-of-way shall be constructed with solid piping. Curb drains shall comply with Standard STD-184-L.

 

15.             The proposed landscaping and planting materials are subject to review and approval by the General Services Department.

 

16.             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.

 

17.             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.

 

18.             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.

 

19.             A building permit shall be obtained prior to commencement of the construction.

 

20.             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 Planning Commission within 14 days of the action date. A $600.00 filing fee shall accompany any appeal filed. No building permits may be issued until the appeal period has expired. A copy of the approval letter shall be incorporated into the Building Department set of plans prior to issuance of the building permits or issuance of revised plans.

 

 

 

By:                                                                              

      Zoning Administrator Javier S. Garcia, AICP

     

JSG:msg/es

 

Attachments:  Vicinity Map

 

Appeared in Opposition: J. Papadopoulds

 

Appeared in Support:  None

 

 

VICINITY MAP

 

Modification Permit No.  MD2007-090

PA2007-248

 

2281 Orchard Drive