|
|
MODIFICATION
PERMIT NO. MD2007-053 (PA2007-124) |
||
|
PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
|
|
|
|
|
|||
|
|
|||
|
|
|
|
|
|
Application No. |
Modification Permit No. MD2007-053 (PA2007-124) |
|
Applicant |
Mary and Joe Castro |
|
Site Address |
339 Milford Avenue |
|
Legal Description |
Lot 177,
Tract 3357 |
|
On January 28, 2008,
the Zoning Administrator approved the application request to exceed the 3 foot height limit allowed for fences
and walls within the required 20-foot front yard setback with a block wall,
five pilasters, screen plantings up to 14 feet tall and a wood fence constructed
to a maximum height of 10 feet. The block wall will encroach between 7 feet
to a maximum 20 feet into the designated 20-foot front yard setback along
East Coast Highway. The wood fence is proposed as an alternative to the block
wall within the 25-foot sewer easement aligned with the encroachment of the
block wall along East Coast Highway. Also included in the request is to allow
the retention of existing trees and screen planting of additional trees that
range in height from 6 feet to 14 feet above natural grade. The existing and
proposed trees will be located adjacent to the interior face of the proposed
block wall and will extend the full length of the side property line within
the 20-foot front yard setback adjacent to East Coast Highway. 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 wood fence, block
wall, pilasters, and screen planting (trees) 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).
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 property is an irregularly shaped corner lot subject to
a required 6-foot front yard setback adjacent to
·
The Zoning
Code allows accessory structures such as block walls, pilasters, and screen plantings
that are 3 feet or less in height to be located within a required 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 reason:
·
The
entire length of the northerly side property line 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 proposed block wall and pilasters
will replace an existing block wall, and will match construction and height of
the block wall recently constructed by the City of
·
The existing and proposed screen
planting (trees) will be located adjacent to the interior face of the proposed
block wall and will not affect other properties in the neighborhood.
·
The proposed block wall, retention of
the existing screen planting (trees), and the planting of the proposed screen
planting (trees) will provide noise mitigation, privacy and security for the
subject property from the traffic volume along
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:
·
Granting the request to encroach into the required 20-foot
front yard setback located within the ESA (environmental study area) will not
conflict with guidelines and policies of the General Plan and the Local Coastal
Land Use Plan. Staff has visited the site and determined that vegetation
located within the ESA on the subject property consists of non-native
ornamental vegetation only.
·
The proposed walls, wood fence, pilasters, and screen
planting (trees) will not have any detrimental effect on
·
There are no public views through or across the subject
property that would be affected by the proposed project.
·
The proposed project will provide noise mitigation and
security for the subject property as well as the adjacent property to the
south.
CONDITIONS
1.
The development shall be in substantial conformance with the
approved plot plan, details 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 wood fence, block wall, and five pilasters shall be
constructed to a maximum height of 10 feet measured from natural grade. The
wood fence, block wall, and five pilasters shall be allowed to encroach into
the required 20-foot front yard setback adjacent to
4.
No permanent structures shall be constructed within the
limits of the existing 25-foot sewer easement and plans shall be reviewed and
approved by the Public Works Department prior to issuance of building permits.
5.
The existing screen planting (trees) located adjacent to the
interior face of the proposed block shall be retained and maintained to a
maximum height of 14 feet. Additional trees may be planted to extend the
existing screen planting to the end of the proposed block wall. The additional
trees shall not be planted within the 25-foot sewer easement unless approved by
the Public Works Department. Additionally, all proposed screen planting (trees)
shall be maintained to a maximum height of 14 feet.
6.
In accordance with the provisions of Chapter 13 of the Newport
Beach Municipal Code or other applicable sections or chapters, existing street
trees along
7.
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.
8.
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.
9.
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.
10.
A building permit shall be obtained prior to commencement of
the construction.
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
20.93.055 of the Newport Beach Municipal Code. Prior to the expiration date of
this approval, an extension may be approved in accordance with Section 20.93.055
(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/rm
Attachments: Vicinity
Map
Appeared
in Opposition: None
Appeared in Support:
None
|
Modification Permit No. MD2007-053
PA2007-124
339 Milford Avenue