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HomeMy WebLinkAbout15 - Cliff Drive Appeal - PA2009-149 - Modification Permit MD2009-030CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 October 12, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Planning Manager 949 -644 -3225, palford @newportbeachca.gov SUBJECT: Reconsideration of Cliff Drive Appeal (PA2009 -149) 2949 Cliff Drive • Modification Permit No. MD2009 -030 ISSUE The City Council is requested by the applicant to reconsider their denial of an appeal of the Planning Commission's decision to deny Modification Permit No. MD2009 -030, which is for the encroachment of portions of an existing outdoor room and exterior fireplace into required side yard and rear yard setbacks. RECOMMENDATION 1) Reconsider the denial of an appeal of the Planning Commission's decision to deny Modification Permit No. MD2009 -030; and 2) Conduct a de novo hearing; and 3) Adopt the attached draft resolution to granting the appeal and approving Modification No. 2009 -030 as revised, subject to the attached findings and conditions (Attachment CC1). DISCUSSION The subject property is a 10,736- square -foot lot located on the southerly side of Cliff Drive and is developed with a two -story, single -unit dwelling, a pool, and a pool house. A 762 - square -foot, split -level outdoor room with a solid roof and an exterior fireplace were constructed on a rear yard deck without required building permits. After being cited by the City, the applicant requested a modification permit to allow the following encroachments into required setbacks: Reconsideration of Cliff Drive Appeal October 12, 2010 Page 2 • A 10- foot -10 -inch high portion of the outdoor room a minimum of 10 inches to a maximum of 1 foot into the 4 -foot side yard setback. This encroachment spans 22 lineal feet. • An 11- foot -3 -inch high portion of the outdoor room a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches into the 10 -foot rear yard setback. This encroachment spans 29 lineal feet. • 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. The modification permit was denied by the Zoning Administrator. The applicant's appeals to the Planning Commission and City Council were subsequently denied. Background On February 11, 2010, the Zoning Administrator denied Modification Permit No. MD2009 -030 after determining that the applicant provided no facts to support the findings required to approve a modification permit. On February 26, 2010, the applicant appealed the decision of the Zoning Administrator to the Planning Commission. On May 20, 2010, the Planning Commission denied the appeal, citing that the applicant failed to provide facts to support the required findings for approval. On June 3, 2010, the applicant appealed the decision of the Planning Commission to the City Council. On July 27, 2010, the City Council denied the appeal, citing the applicant's failure to appear at the hearing and thus no new facts to support the required findings for approval were provided. On August 10, 2010, the applicant requested that the City Council reconsider the appeal and requested 60 days to work with staff to resolve the issues. The City Council voted unanimously to reconsider the appeal at the October 12, 2010 meeting. On September 17, 2010, the applicant submitted revised plans to the Planning Department. Reconsideration of Cliff Drive Appeal October 12, 2010 Page 3 Revised Plans The revised plans (Attachment CC 2) depict the portions of the outdoor room that currently encroach into the required 4 -foot side and 10 -foot rear setbacks to be demolished. New walls are shown to be constructed outside of the required setback areas. The roof of the outdoor room is shown to be modifed so that it no longer encroaches into the required seback areas, except for the eaves, which would encroach up to 2 feet, 6 inches as allowed by the Zoning Code. The 13- foot -3- inch -high outdoor gas fireplace remains unmodified and would continue to encroach 5 feet 4 inches into the 10 -foot rear yard setback. Under the current Zoning Code, freestanding fireplaces are not permitted to encroach into required setbacks. However, the proposed Zoning Code being consider by the City Council on October 12, 20100, allows freestanding barbeques and gas -only fireplaces with a maximum height of 6 feet to encroach into required side or rear setback areas, provided a minimum 36- inch clear path of travel is maintained adjacent to any habitable structures. Required Findings A modification permit would still be required in order for this outdoor fireplace to remain as proposed. Section 20.93.030 (Required Findings) of the Zoning Code requires that three findings must be made in order to approve a modification. Practical Difficulties Finding A. The granting of this application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. In his letter to the City Council (Attachment CC 3), the applicant states that Finding A can be supported because the fireplace is in the optimal location in that a significant portion of the fireplace loads are transmitted directly to the supporting soil and not to the deck structure. Section 20.93.035.13 (Rendering of Decision) of the Zoning Code provides that the decision maker may consider the physical aspects of the property and /or improvements and their relationship to adjacent properties when addressing Finding A. The deck was authorized to exceed the height limit and to encroach into the side and rear setbacks by a modification permit in 1995. This approval was deemed appropriate to provide a usable area on a topographically - constrained portion of the lot. It can be argured that strict application of the Zoning Code precludes common accessory structures from being constructed on the deck, which is contrary to the 1995 modification permit approval and inconsistent with the purpose and intent of the modfication permit process provided for in the Zoning Code. Reconsideration of Cliff Drive Appeal October 12, 2010 Page 4 Compatibility Finding B. The requested modification will be compatible with existing development in the neighborhood. The applicant states that Finding B can be supported because the fireplace will not be visable from adjacent properties due to the topography and vegetation on the site and will be constructed of materials that blend with existing structures on the site and the adjacent properties. Section 20.93.035.B of the Zoning Code provides that the decision maker may consider the sum of qualities that distinguish the neighborhood from other areas within the City when addressing Finding B. The outdoor fireplace is of a common design and does not present any compatibility issues with other improvements in the neighborhood. Public Safety Finding C. 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. The applicant states that Finding C can be supported because the outdoor fireplace will be gas burning and will not emit smoke, noxious orders, or toxins into the air. Section 20.93.035.8 of the Zoning Code provides that the decision maker may consider the potential adverse impacts on persons or property in the vicinity. These include, but are not limited to, modifications that would significantly interfere with provision of adequate air and light on an adjacent property, adversely impact use of a public right -of- way, impede access by public safety personnel, result in excessive noise, vibration, dust, odors, glare, or electromagnetic interference, interfere with safe vehicular sight distances, or result in a substantial invasion of privacy. Building Department plan check corrections indicate that the as -built outdoor rooms are not in compliance with the Building Code. The plan check corrections also state that additional engineering information would be required to determine if the outdoor rooms could meet structural requirements and whether they could be supported at their existing locations. Thus, the structures currently present a significant public safety issue. Should the City Council choose to approve the modification permit, staff recommends that the project be conditioned to require that the applicant submit an application for a building permit to the Building Department within 30 days of the date of approval and obtain a building permit within 90 days of the date of approval. Environmental Review Reconsideration of Cliff Drive Appeal October 12, 2010 Page 5 The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The accessory structures are alterations that involve no expansion of use. Public Notice: Notice of this public hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site including the applicant, and posted on the subject property at least 10 days prior to this hearing consistent with the provisions of the Municipal Code. Additionally, the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. Alternatives: 1. The City Council may require that the outdoor fireplace be modified to comply with the 6 -foot height limit of the proposed Zoning Code. 2. The City Council may uphold the decision of the Planning Commission and deny Modification Permit No. MD2009 -030. Prepared by: Submitted by trick J. Alford, PI Wing Manager mes Campbell, Acting Planning Director ATTACHMENTS CC 1 Draft Resolution CC 2 Project plans CC 3 Letter from the applicant dated 09/17/10 CC 4 July 10, 2010 City Council staff report K Attachment No. CC 1 Draft Resolution 0 Q RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2009 -030 FOR THE ENCROACHMENT OF AN EXISTING OUTDOOR FIREPLACE INTO A REQUIRED REAR SETBACK (PA2009 -149). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Antonio Cagnolo owner of property located at 2949 Cliff Drive, legally described as First Add to Newport Heights Portion of Lot 3, Block B, requesting approval of Modification Permit No. MD2009 -030 to allow portions of an existing outdoor room and exterior fireplace into required side and rear setbacks. 2. At a noticed public hearing held on February 11, 2010, the Zoning Administrator considered the application, plans, and written and oral evidence presented at this meeting, and denied Modification Permit No. MD2009 -030 after determining that the applicant provided no facts to support the findings required to approve a modification permit. 3. On February 26, 2010, an appeal of the Zoning Administrator's decision to deny Modification Permit No. MD2009 -030 was filed Antonio Cagnolo with the Planning Department. 4. The Planning Commission held a public hearing on May 20, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. The Planning Commission considered evidence, both written and oral presented at this meeting, and affirmed and upheld the Zoning Administrator's decision and denied Modification Permit No. MD2009 -030. 5. The City Council held a public hearing on July 27, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting and the City Council affirmed and upheld the Planning Commission's decision and denied Modification Permit No. MD2009 -030. 6. On August 10, 2010, the City Council voted unanimously to reconsider appeal. 7. A public hearing was held on October 12, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. I City Council Resolution No. Pape 2 of 5 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The accessory structures are alterations that involve no expansion of use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.93.030 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The granting of this application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: Al. The existing outdoor fireplace is in the optimal location in that a significant portion of the fireplace loads are transmitted directly to the supporting soil and not to the deck structure. A2. The existing deck was authorized to exceed the height limit and to encroach into the side and rear setbacks by a modification permit in 1995 in order to provide a usable area on a topographically - constrained portion of the subject property. A3. Strict application of the Zoning Code would preclude common accessory structures from being constructed on the deck, which is contrary to the 1995 modification permit approval and inconsistent with the purpose and intent of the modfication permit process provided for in the Zoning Code. Finding: B. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Findinq: 61. The outdoor fireplace is of a common design and does not present any compatibility issues with other improvements that distinguish the neighborhood from other areas within the City. F: Users\ PLN1SharedXPA's1PAs- 20101PA2010 -062 io City Council Resolution No. _ Paqe 3 of 5 Finding: C. 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. Facts in Support of Finding: C1. The project has been conditioned to require that the applicant obtain building permits to insure that the project fully complies with the California Building Code. C2. The design and location of the outdoor fireplace will not significantly interfere with provision of adequate air and light on an adjacent property, adversely impact use of a public right -of -way, impede access by public safety personnel, result in excessive noise, vibration, dust, odors, glare, or electromagnetic interference, interfere with safe vehicular sight distances, or result in a substantial invasion of privacy. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach does hereby approve Modification Permit No. MD2009 -030, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. PASSED, APPROVED AND ADOPTED THIS 12th DAY OF OCTOBER, 2010. EXCUSE MAYOR ATTEST: CITY CLERK F: 1Users\PLMShared\PA's %PAs - 20101PA2010 -062 City Council Resolution No. _ Page 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL MODIFICATION PERMIT NO. MD2009 -030 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 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. The applicant shall obtain any required permits from the California Coastal Commission. 6. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 7. The outdoor fireplace shall be restricted to gas- burning only 8. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code, unless an extension is approved prior to the expiration date of this approval, in accordance with Section 20.93.055.13 of the Newport Beach Municipal Code. Building Department Conditions 9. The applicant shall be required to submit all applicable building permit applications on or before November 12, 2010 and obtain all applicable building permits on or before January 12, 2011. Failure to comply with this condition shall immediately result in the issuance of administrative citations in accordance with Chapter 1.05 of the Newport Beach Municipal Code. 10. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. FAUsers\PLMSharedlPA's1PAs - 2010\PA2010 -062 `1' Attachment No. CC 2 Project Plans E £ y[ �� Setbck (N89'S6'15 "E 123 c7 36') (J4) (J2) (,a) Remove and relocate Inside Setback (68) l (fib) d (170) 5� ea (7 4) (76) (7e) (80) 519.5 � laoa�r,3i _ �i 41? �E .a m" n m 80900 3 Own e�: ntonie agnolo 2949 Cllif O NewporC 6aacF r 926 (714) 1'1 17 -13610 3 La9ol A.P. B, Tract Ptrvt Aamtlo TR NewP�r. HB YP a. V -B Xe - p ie,ee (E) Gos Appliance Fireplace and Counters To Remain (E) 18° Eave To Remain Jy 4.671 Clear to i 32 4' Setback (N) Ea, 2• Clear to f2 Remove and relocate Inside Setback (E) Re[oin ing wall Site Plan City Council Appeal 10 -2010 s.2o10 .2010 P"PMy Line „ -a. - (92,0 TOP ROOF) „n 32) (76) (7a) (7o) (68) South Elevation ,/4- — 1 • —O•• East Elevation 1 /p.. _ 1._0" West Elevation 1 /a' _ 1. —a -- "111V V U. -- (92.0 TOP ROOF) -(E) Gas Appliance Fir ®place _ , :e - (76) 0 a og, a O a° ppES E� g" c _ 0 a 0 N 4 N d * Q 0 0 y M N N ,Q1 NIPOUy uoa V c C p n /0 li Ora II �mv CN �o o° N North Elevation Z 2 City Council Appeol 10 -2010 Of 2 Attachment No. CC 3 Letter from the applicant dated 09/17/10 4: g t MR. AND MRS. ANTONIO CAGNOLO 2949 Cliff Drive Newport Beach, California 92660 September 17, 2010 The Honorable Keith Curry, Mayor and Members of the City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 VL SEP � y 2�tfl CIS ®F pgT BE�C13 Re: Cagnolo Residence; 2949 Cliff Drive; Modification Permit MD2009 -030 Dear Mayor Curry and Members of the City Council: Since we last appeared before you, I have instructed my architect to make major revisions to the plans in an attempt to bring as much as possible of the previous modification request into conformance with the Zoning Code. The result is a com- pletely new and revised plan which is now before you. Once this was done, we met with Mr. Campbell to go over the proposed changes. I believe that the modifications we will be undertaking, based on our meeting, will go a long way to fully satisfy the concerns of your Staff, who I must state have been very professional and helpful. The plans speak for themselves. As you will be able to ascertain, we propose to pull all of the structural aspects of the previously built structure to a line within the setbacks. The removal and reconstruction of these aspects will be at great expense, which I am prepared to make in order to bring the majority of the project within the setback and into conformance as I was directed at my last appearance before you. The one aspect which remains within the setback is a portion of the gas fireplace structure. My architect and engineer indicate to me that the location of the fireplace is at an optimal location in terms of the stress and integrity of the deck. We have therefore left this one portion of the previously built fireplace within the setback. In making this request, we note that in the event you approve the proposed Zoning Code before you concurrently with my item, there would no longer be a need for a modification, as it relates to the setback. On the other hand, there would be a need for a modification for the height of the fireplace as according to a strict view of the Code, it is more than six feet (6') above natural grade, although we believe, the view of same at the rear of the property does not block any views and is minimally visible from any other properties. Submitted along with this letter is a revised set of proposed findings which we believe can be made in granting this modification request. The Honorable Keith Curry, Mayor and Members of the City Council September 17, 2010 Page 2 I again apologize for my failure to obtain the necessary approvals. Although this was done by a contractor who knew better, the bottom line is that it was my responsibility to see that approvals were obtained. I take full responsibility for it. For this, I apolo- gize and indicate to you that it will not happen again. Thank you for your consideration of my request. D AC /JCP /cl Required Finding #1 The granting of this application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Rationale The modification allowing the deck structure to extend into the setback was granted to allow the Applicant to utilize the back portion of his property which is on what could be considered a severe slope. The location of the gas fireplace maximizes the structural integrity of the deck in that it is situated such that it minimizes loads to the deck structure beneath. The fireplace's current location places a significant proportion of fireplace load directly on supporting soil and not on the deck structure below. Changes to the fireplace location will require structural redesign of the previously permitted supporting deck structure and deck foundation supports. A review of the existing topography reflects the purpose of the deck structure which supports the gas fireplace, allowing Applicant to use of a significant portion of his rear yard property otherwise unusable because of contour and grade below. Required Finding #2 The requested modification will development in the neighborhood. Rationale be compatible with the existing Given the topography and fauna of the site and the neighboring properties, it is very likely that the gas fireplace will not be visible from any property either adjacent to the Applicant's property or from anywhere else. The materials utilized are the same as other features pre- existing on the site and therefore blend in with the current construction. Only a portion of the structure subject to the modification is within the setback and the Applicant has undertaken, in treatment of materials and colors to blend the structure with the surrounding properties and existing development in the neighborhood. Required Finding #3 The granting of this Modification Permit will not adversely affect the health or safety of persons residing in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. Rationale The granting of the modification requesting that a portion of the fireplace extend into the rear yard setback does not have any impact whatsoever on persons or property in the surrounding neighborhood as the gas appliance will not create any visual or physical impact which could be injurious or negative to anyone. Because of the configuration and composition of building materials, the fireplace will blend with the surrounding area nicely. In addition, the modification into the existing rear yard set back would be permitted under the terms of the proposed zoning code, which is, in and of itself, a recognition by the drafters of the zoning code, that such structures are compatible with neighbors and neighboring property. In most cases, the fireplace structure would be invisible from adjoining or neighboring properties and the gas burning nature of the appliance is such that there can be no negative impacts. Further, the fireplace is only a gas burning appliance which emits no smoke, noxious odors or other toxins in the air. Attachment No. CC 4 July 10, 2010 City Council staff report CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. ( 7 July 2T2-010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Melinda Whelan, Assistant Planner 949 - 644 -3221, mwhelan @newportbeachca.gov SUBJECT: Cliff Drive Appeal (PA2009 -149) 2949 Cliff Drive • Modification Permit No. MD2009 -030 ISSUE: Should the City Council approve an appeal and overturn the Planning Commission's decision to deny Modification Permit No. MD2009 -030 for the encroachment of portions of an existing outdoor room and exterior fireplace into required side yard and rear yard setbacks? RECOMMENDATION: 1) Conduct a de novo hearing; and 2) Adopt the attached draft resolution to deny the appeal and uphold and affirm the decision of the Planning Commission to deny Modification No. 2009 -030, subject to the findings included within the draft resolution (Attachment CC1). DISCUSSION: Project Description The improvements that are the subject of Modification Permit No. MD2009 -030 are an outdoor room and exterior fireplace that were constructed without required permits.The split -level outdoor room is comprised of full- height wall sections supporting a solid roof (Attachment CC 7). The outdoor room is 762 square feet and includes a fireplace. Retention of these improvements requries a Modification Permit for the following encroachments into the required setbacks: Cliff Drive Appeal July 27, 2010 Page 2 • A 10- foot -10 -inch high portion of the outdoor room a minimum of 10 inches to a maximum of 1 foot into the 4 -foot side yard setback. This encroachment spans 22 lineal feet. • An 11- foot -3 -inch high portion of the outdoor room a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches into the 10 -foot rear yard setback. This encroachment spans 29 lineal feet. • 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. Zoning Administrator Action The Zoning Administrator held a public hearing on Modification Permit No. MD2009 -030 on February 11, 2010. The Zoning Administrator denied the application because the applicant provided no facts to support the findings required to approve a modification permit (Attachment CC 3). Planning Commission Action An appeal of the Zoning Administrator's action was filed by the applicant. The Planning Commission held a de novo public hearing on Modification Permit No. MD20009 -030 on May 20, 2010. The Commission also discussed Building Department plan check corrections, which indicated that the as -built outdoor rooms were not in compliance with the Building Code. The plan check corrections also stated that additional engineering information would be required to determine if the outdoor rooms could meet structural requirements and whether they could be supported at their existing locations (Attachment CC 5). The statement submitted by the applicant did not provide facts to support any of the required findings for approval of the Modification Permit (Attachment CC 4). The Planning Commission could not make the required modification permit findings and upheld the Zoning Administrator's decision to deny Modification Permit No. MD2009- 030 (Attachment CC 6). The following are the required findings found in Section 20.93.030 (Required Findings) of the Zoning Code: A. The granting of this application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. B. The requested modification will be compatible with existing development in the neighborhood. C. The granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of Cliff Drive Appeal July 27, 2010 the property and not be detrimental to the general welfare or injurious Page 3 to property or improvements in the neighborhood. The applicant's appeal statement (Attachment CC 4) provides no new facts to support the required findings. Therefore, staff recommends that the Council uphold and affirm the Planning Commission's decision and deny the application with the findings provided in the draft resolution (Attachment CC 1). Environmental Review: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The accessory structures are alterations that involve no expansion of use. Public Notice: Notice of this public hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site including the applicant, and posted on the subject property at least 10 days prior to this hearing consistent with the provisions of the Municipal Code. Additionally, the item was shown on.the agenda for this meeting, which was posted at City Hall and on the City website. Alternatives: The City Council may overturn the Planning Commission's decision and approve Modification Permit No. MD2009 -030. Prepared by: Melinda Whelan, Assistant Planner ATTACHMENTS CC 1 Draft Resolution CC 2 Project plans Submitted by: rz% -� —� CC 3 Zoning Administrator Action Letter February 11, 2010 CC 4 Reasons for appeal submitted by applicant CC 5 Building Department plan check corrections CC 6 Planning Commission staff report and Resolution No. 1808 CC 7 Photos xPt Attachment No. CC I Draft Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING MODIFICATION PERMIT NO. MD2009 -030 FOR THE ENCROACHMENTS OF AN EXISTING OUTDOOR ROOM AND EXTERIOR FIREPLACE INTO REQUIRED SIDE YARD AND REAR YARD SETBACKS (PA2009 -149). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Antonio Cagnolo owner of property located at 2949 Cliff Drive, legally described as First Add to Newport Heights Portion of Lot 3, Block B, requesting approval of Modification Permit No. MD2009 -030. 1. The applicant proposed the following permanent encroachments into required setbacks: • A 10- foot -10- inch -high portion of the outdoor room a minimum of 10 inches to a maximum of 1 foot into the 4 -foot side yard setback. This encroachment spans 22 lineal feet. • An 11- foot -3- inch -high portion of the outdoor room a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches into the 10 -foot rear yard setback. This encroachment spans 29 lineal feet. • 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. 2. At a noticed public hearing held on February 11, 2010, the Zoning Administrator considered the application, plans, and written and oral evidence presented at this meeting, and denied Modification Permit No. MD2009 -030 based on findings of denial. 3. On February 26, 2010, an appeal of the Zoning Administrator's decision to deny Modification Permit No. MD2009 -030 was filed Antonio Cagnolo with the Planning Department. 4. The Planning Commission held a public hearing on May 20, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The Planning Commission considered evidence, both written and oral presented at this meeting, and affirmed and upheld the Zoning Administrator's decision and denied Modification Permit No. MD2009 -030. . 5. A public hearing was held on July 27, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. City Council Resolution No. _ Page 2 of 3 Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 3. FINDINGS. The City Council finds as follows: 1. The subject property is located in the R -1 Zoning District and has a required 10 -foot rear yard setback and required 4 -foot side yard setbacks. The Zoning Code allows certain structures up to a height of 6 feet within required rear and side yard setbacks. 2. The natural grade of the property slopes downward in the southwest corner of the rear yard; however, it does not restrict the use of the large rear yard area of the 10,737 - square -foot lot. A previous modification, which allowed the addition of an elevated concrete backyard deck, created the ability to use the sloping rear yard area. The existing backyard deck area allows for use of a large rear yard area providing sufficient space for patio structures and an exterior fireplace without encroachments into the required rear and side yard setbacks, meeting requirements of the Code for this particular property. There are no practical difficulties or physical hardships associated with the property to allow for the encroachments. 3. The appealed action and the requested modification would not be compatible with existing development in the neighborhood, as similar encroachments do not exist. The rear yard encroachment is currently adjacent to a vacant lot and could create incompatibility with future development of the vacant lot such as the construction of a single - family dwelling. Development of the vacant lot would require a 10 -foot rear yard setback consistent with R -1 zoning and the subject property would not provide the required 10 -foot rear yard setback leaving less separation between single - family dwellings than the zoning requirements intend to create and that currently exist in the neighborhood. F: Users1PLN18haredlPA's\PAs - 201 OXPA2010 -062 City Council Resolution No. _ Page 3 of 3 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach does hereby deny the Appeal and affirms the Planning Commission's denial of Modification Permit No. MD2009 -030. PASSED, APPROVED AND ADOPTED THIS 27th DAY OF JULY, 2010. AYES: EXCUSED: LTA ..O. ATTEST: CITY CLERK F:\ Users \PLN \Shared \PA's1PAs- 20101PA2010 -062 Attachment No. CC 2 Project Plans Attachment No. CC 3 Zoning Administrator Action Letter February 11,2010 February 11, 2009 NOTICE OF ZONING ADMINISTRATOR ACTION PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644 -3200 FAX (949) 6443229 Antonio Cagnolo 2949 Cliff Drive Newport Beach, CA 92663 Application No. Modification Permit No. MD2009 -030 (PA2009 -149) Site Address 2949 Cliff Drive Cliff Drive Modification On February 11, 2009, the Zoning Administrator denied the above referenced applicatior, based on the findings in the attached action letter. By: i 1'uico�!�LeK� J s W. Campbell, Zoning Adthnistrator JWC: msw APPEAL PERIOD: Modification Permit applications do not become effective until 14 days after the date of action, during which time an appeal may be filed with the Planning Commission Secretary in accordance with the provisions of the Newport Beach Municipal Code. Tentative Parcel Map, Condominium Conversion, Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of action, during which time an appeal may be filed with the Planning Commission Secretary in accordance with the provisions of the Newport Beach Municipal Code. For additional information on filing an appeal, contact the Planning Department at 949 644 -3200. cc: property owner Antonio Cagnolo 2949 Cliff Drive Newport Beach,CA 92663 Tmplt:11123 /09 contact Bror Monberg 3432 Via Oporto, Ste 209c Newport Beach, CA 92663 Application No. Applicant Site Address Legal Description MODIFICATION PERMIT ACTION LETTER PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644 -3200 FAX (949) 644 -3229 Modification Permit No. MD2009 -030 (PA2009 -149) Antonio Cagnolo 2949 Cliff Drive FIRST ADD TO NEWPORT HEIGHTS LOT 3 BLK B POR OF LOT On February 11, 2010, the Zoning Administrator denied the subject modification permit application. The applicant requested the following encroachments into required side yard and required rear yard setbacks: a minimum of 10 inches to a maximum 1 foot with the posts of a 10 -foot 10- inch -tall patio structure into the 4 -foot side yard setback, a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches with the posts of an 11 -foot 3- inch -tall patio structure into the 10 -foot rear yard setback, and 5 feet 4 inches with a 14 -foot 3 -inch- tall exterior fireplace into the 10 -foot rear yard setback. The structures were built without the benefit of permits. The property is located in the R -1 (Single - Family Residential) District. The Zoning Administrator's denial is based on the following findings. FINDINGS 1. The subject property is located in the R -1 Zoning District and has a required 10 -foot rear yard setback and required 4 -foot side yard setbacks. The Zoning Code allows certain structures up to a height of 6 feet within required rear and side yard setbacks. 2. The natural grade of the property slopes downward in the southwest corner of the rear yard; however, it does not restrict the use of the large rear yard area of the 10,737 - square -foot lot. The applicant states that a previous modification, which allowed the addition of an elevated concrete rear yard deck, created the ability to use the sloping rear yard area and that the proposed encroachments are requested to take advantage of the limited side yard area. However, the existing deck allows for use of a large rear yard area providing sufficient space for patio structures and an exterior fireplace without encroachments into the required rear and side yard setbacks, meeting requirements of the Code for this particular property. Staff finds no practical difficulties or physical hardships associated with the property to allow for the encroachments. 3. The request would not be compatible with existing development in the neighborhood as similar encroachments do not exist. The rear yard encroachment is adjacent a vacant lot however, it could create incompatibility with future development of Cliff Drive Modification February 11, 2010 Page 2 adjacent a vacant lot however, it could create incompatibility with future development of the vacant lot as a single family dwelling which is intended to abut other single family properties with 10 -foot rear yard setbacks. APPEAL PERIOD Modification Permit applications do not become effective until 14 days after the date of action, during which time an appeal may be filed with the Planning Commission Secretary in accordance with the provisions of the Newport Beach Municipal Code. Tentative Parcel Map, Condominium Conversion, Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of action, during which time an appeal may be filed with the Planning Commission Secretary in accordance with the provisions of the Newport Beach Municipal Code. By James W. Campbell, oning Admil istrator JWC /msw Attachments: Vicinity Map Appeared in Opposition: Appeared in Support: Tinph: 11/23/09 F:IUserslPLNlSharedlPKs1PAs - 20091PA2009 -149 Attachment No. CC 4 Reasons for appeal submitted by applicant b t ANTONIO CAGNOLA 2949 CLIFF DRIVE NEWPORT BEACH, CA 92660 May 17, 2010 Mr. David Lepo Ms. Melinda Whelan Planning Department City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 RE: MODIFICATION PERMIT NO. MD2009 -030 Dear Mr. Lepo and Ms. Whelan: RcCEi'\/ED ?GIG JUN -3 N, t: 52 C '! CL ERK { nnT Pursuant to the above referenced Modification Permit application, we would like to provide the following Required Findings that will allow the Zoning Administrator to conditionally approve the modification permit: 1. The approval with conditions is required due to the physical and practical property hardships for the project The existing improvements on the property have pushed the structure into the easement due to the existing foundation and structural supports that exist for the improvements on the property. It is not possible to adequately provide the necessary structural improvements for the structure without a limited encroachment into the easement 2. The modification request is highly compatible with many existing structures located on homes in the neighborhood. The gazebo and fireplace complement the existing improvements on the property and enhance the curb appeal from the adjacent property to the north. In addition, the public view corridor will be greatly enhanced when the community views the property from Pacific Coast Hwy, customers of the BMW Dealership and traffic along Avon Street 3. The approval of the modification will not adversely affect the safety or health of existing inhabitants residing in the residence. It is not a destructive addition and will cause no harm to any neighbors or the public. In addition, the structure will not affect the surrounding community or any persons working in the neighborhood. It will not be detrimental or injurious to the general welfare of the community, nor be detrimental to the improvements in the neighborhood. The structure is located next to a 20' hedge that substantially blocks it from its only neighbor to the north. I would like to provide some information and background on the property. My family has owned and resided in this home for over 23 years. The original home that was purchased in 1987 was a two (2) bedroom, one (1) bath residence originally built in the 1920's. Approximately 15 -17 years ago, we started the first of what were many major improvements to the property. Over the past 15 years, we have substantially improved the appearance of the residence, which has greatly enhanced the values of nearby properties. In addition, our family has dutifully maintained the privately owned vacant lot directly below our property to reduce overgrowth, weed abatement, and fire hazards. The vacant lot is heavily sloped with trees and shrubs. The same person has owned it since 1973. The backyard improvements were started over 2 years ago with the addition of a patio, pool, and landscaping improvements costing over $250,000. • Page 2 June 3, 2010 As a commitment to my lifelong assistance in helping the community and the less fortunate, as the owner of Antonellos Restaurant in South Coast Village, I have been honored as a multiple winner of the Golden Scepter Award and Circle of Fame Awards, two of the most prestigious honors a restaurateur can receive. In addition, my family is devoted to the time - honored commitment to charitable concerns that have been recognized numerous times. I am most proud of my membership and involvement in I Padrini, which is a group of businessmen who privately support children's causes and who have chosen to sponsor Canyon Acres. Canyon Acres Children and Family Services has been serving children throughout Newport Beach and the greater Orange County area since 1980, providing the highest level of care and therapeutic treatment to children who suffer from a variety of emotional and psychological disorders. Canyon Acres gives children nurturing, treatment, and opportunities that they need to grow up in safe, living, and stable families. 1 have hosted numerous charity events at my residence utilizing the existing backyard improvements to raise funds for truly needed causes: We look forward to discussing this matter further in order to obtain the necessary approvals. We greatly appreciate your continued assistance with this application and we are willing to accept certain conditions with your approval. Sincerely, ; i � �Sntonio Cagnolo Homeowner Attachment No. CC 5 Building Department plan check corrections CITY OF NEWPORT BEACH BUILDING DEPARTMENT 3300 NEWPORT BLVD. P.O.BOX 1768, NEWPORT BEACH, CA (949) 644 -3275 RESIDENTIAL PLAN CHECK CORRECTIONS Project Description: DETACHED 762 S.F. PATIO COVER Project Address: 2949 CLIFF DR Plan Check No.: 1069 -2009 Date Filed: 07/2312009 No. Stories: 1 Use: PATIO COVER Occupancy: U Const. Type: VA Architect/Engineer: BROR MONBERG Phone: (949) 675 -1401 Owner: ANTONIO CAGNOLO Phone: Submitted Valuation: Checked by: Phone: (949) 644 -32 Permit Valuation: X81� Check 8/4/09 72 "d Check F-1 3`tl Check 4" Check* *NOTE: Do not resubmit Call plan check engineer for an in- person recheck appointment. WARNING: PLAN CHECK EXPIRES 180 DAYS AFTER SUBMITTAL. THIS PLAN CHECK EXPIRES ON: 0112712010 Approval of plans and specifications does not permit violation of any section of the Building Code or other City ordinances or State law. This plan check is according to 2007 California Building Code, 2007 CPC, 2007 CEC • Make all corrections listed below • Resubmit originally checked plans and indicate the location of response on this sheet. DO NOT resubmit after the third check. Call plan check engineer and schedule in- person recheck. • Return this sheet with corrected plans • For checking status of plans: call (949) 644 -3288 during business hours, or may be verified 24 hours 7 days a week via the Internet at: www. city .newport- beach.ca.uslbuildinA /or interactive voice response at (949) 644 -3255 • For clarifications on corrections, you may call the Plan Check Engineer or schedule an appointment. • When new information is provided after plan check due to corrections or otherwise, additional plan review time may be necessary upon resubmittal. Review of new information may result in additional corrections. SharedlCorrection ListsNResCorr 2007 02/04/09 1 GENERAL APPROVAL IS REQUIRED FROM: a. Building Department b. Planning Department 2. Provide with each set of plans: a. Foundation Plan of existing deck and pile /caisson as referenced on plans b. Elevations of new construction or additions c. Grading /Drainage plan and details d. Site Survey and location of corner monuments e. Structural Details 3. Specify exact area of all structures on drawings cover sheet. 4. Provide fully dimensioned plot plan to scale. Show lot size, street, alley, easements, parking spaces, division walls, all projections, and location of all buildings. 5. Distance from face of the foundation to property line to be zoning setback plus wall finish thickness (minimum). 6. Final architectural drawings to be stamped, wet- signed and dated by the design architect. Signature stamps, photocopied or electronic signatures are not sufficient. 7. Show all floor elevations, natural and finish grade elevations. EXTERIOR WALLS 8. Exterior walls of accessory structures closer than 5 ft. to the property line shall be 1 -hour fire - resistance -rated construction. CBC Table 602 9. No openings shall be permitted in the exterior walls, including vents, of Group R -3 & Group U Occupancies where the exterior wall is 3 ft. or closer to the property line. CBC Table 704.8 10. Where the exterior wall of Group U- occupancy structure is located > 3 ft. and < 5 ft. to the property line, the total area of protected openings is limited to 15% of the wall area, including vents. Unprotected openings are not permitted. CBC Table 704.8 11. Projections, including eaves, are not permitted in Group U (detached garage) @ 3.4 ft. or closer to the property line. Projections located > 3.4 ft. and < 5 ft. to the property line shall be of at least 1 -hour fire- resistance -rated construction. CBC 704.2, 704.2.3, Table 704.8 MEANS OF EGRESS 12. Guards shall meet the following: a. Provide guards where the open side is more than 30 inches above the floor or grade below. CBC 1013.1 b. Guard height shall be a minimum of 42 inches. CBC 1013.2 c. Openings between intermediate balusters shall preclude the passage of a 4 inch diameter sphere. CBC 1013.3 13. Provide connection details of guardrail and /or handrail adequate to support a concentrated load of 200 pounds applied at a right angle to the top rail. Shared \Correction ListslResCOrr 2007 02104109 2 CONSTRUCTION 14. Provide roofing specifications, including roof assembly class, and show roof pitch. 15. Provide 2% slope at flat roof and deck. 16. Attach a copy of the testing agency report to drawings for a. Roofing assembly b. Listed roofing materials c. Fireplace 17. Provide Class A roofing assembly for new and reconstructed structures (Wood roofing material is not permitted). FIREPLACE 18. For the fireplace /chimney specify the following: a. Chimney shall extend at least 2 ft. higher than any portion of the building within 10 ft., but shall not be less than 3 ft. above the highest point where the chimney passes through the roof. CBC 2113.9 b. Provide a spark arrestor to meet all the requirements per Section 2113.9.1 c. Provide 2 inch clearance to framing around fire box and chimney or thickness from lining to combustibles to be 12 inches. CBC 2113.19 19. Note on the plans: "Exterior combustion air ducts shall be listed components of the fireplace, and installed according to the fireplace manufacturers instructions." CBC 2111.13.1. 20. Provide a note that, "Factory-built fireplaces, chimneys, and all other components shall be listed and installed in accordance with their listing and manufacturer instructions." 21. Provide a note with factory-built fireplace information, "Decorative shrouds shall not be installed at the termination of factory-built chimneys except where such shrouds are listed and labeled for use with the specific factory-built chimney system and are installed in accordance with manufacturer's installation instructions." CIVIC (802.4.2.4) 22. Provide hearth dimensions on plan. Hearth thickness to be 2 inches minimum. (3/8 inches thick if fire box is 8 inches high, minimum). CBC 2111.10. STRUCTURAL GENERAL 23. Provide specifications for the following materials on the plans: a. Concrete. Specify cement type, f and minimum 5 sacks cement per cubic yard. b. Reinforcing steel. Specify ASTM designation, grade and fy. c. Structural steel. Specify ASTM designation, grade and fy. Specify certified fabricator. Specify welding by licensed welders. 24. Submit structural design /analysis calculations complying with following minimum presentation requirements: a. Number all pages b. Include index c. Include key plans referenced to calculations for design of gravity and lateral systems. Shared \Correction Lists \ResCorr 2007 02/04/09 3 q' q 25. Write the following notes on drawings if (400 sq.ft. <addition <1,000 sq.ft.): Soils engineer to inspect and certify the following prior to pouring concrete: a. Footing excavation and design bearing pressure. b. All grading and compaction of subgrade. 26. List soils allowable design values on foundation plan. 27. Final structural drawings and calculations to be stamped, wet - signed and dated with signing date by the design engineer. Signature stamp, photocopied or electronic signatures are not sufficient. (This correction will be revisited at plan approval.) 28. Provide statement of special inspections per Section 1704. 1.1 (including deletions and amendments to Chapter 15.04 of the Newport Beach Municipal Code in Sections 15.04.350 and 15.04.360). Statement is required to be permanently recorded on plans. 29. Provide structural observations per Section 1709 (including amendments to Chapter 15.04 of the Newport Beach Municipal Code in Sections 15.04.370 and 15.04.380). FRAMING 30. Posts supporting concentrated loads, and which transfer forces to members below are required to be identified on framing plans and foundation plan. Provide all applicable details and references to them. 31. Posts or columns supporting permanent structures and supported by a concrete or masonry slab or footing that is in direct contact with the earth shall be of naturally durable or preservative - treated wood. CBC 2304.11.2.7 LATERAL 32. Plywood shear walls shall comply with CBC Table 2306.4.1. Provide shear wall schedule with following specifications: a. Minimum 3x nominal framing at panel edges and staggered edge nailing where nails are spaced 2 inches on center or closer (footnote e.) b. Minimum 3x nominal framing at panel edges and staggered edge nailing where 10d nails with more than 1 Y inches penetration into framing are spaced 3 inches on center or closer (footnote f.) c. Where plywood panels are applied on both sides of wall and nail spacing is less than 6 inches on center, panel joints shall be offset to fall on different framing members, or framing shall be minimum 3x nominal at adjoining panel edges and edge nailing on each side shall be staggered (footnote Jr.) d. For shear walls with maximum shear design value greater than 350 plf, provide minimum 3x nominal framing at adjoining panel edges, or (2) 2x nominal members fastened to transfer design shear value between framing members. Plywood panel edge nailing shall be staggered in both cases (footnote i.) e. For shear walls with maximum shear design value greater than 350 plf, provide minimum 3x nominal sill plate with staggered panel edge nailing. Specify 2 -20d box nails in lieu of 2 -16d common nails for stud end nails per CBC Table 2304.1 (footnote i., 2305.3.11). f. Record maximum shear design value for each shear wall type (footnote i.) g. Nails shall be common or galvanized box (hot- dipped or tumbled) (footnote j.) h. Anchor bolts shall include steel plate washers, a minimum of 0.229"x 3" x 3" in size, between sill plate and nut (2305.3.11) 33. Perform lateral design /analysis for structure in accordance with CBC Sections 1609 (Wind loads) and 1613 (Earthquake loads). Wind Simplified Method not permitted; structure does not meet conditions 3 and 7 of ASCE7, Section 6.4.1.1. Shared\Gorrection Usts\ResCorr 2007 02/04/09 4 34. Determine mapped MCE spectral response acceleration parameters at short periods Ss = and at a one second period S, = in accordance with ASCE 7 -05 Section 11.4.1. Soil site class is "D" not "B 35. Walls braced to resist wind and seismic forces shall not exceed height to width ratios of 31:1 and 2:1 respectively for wood structural panels. CBC Table 2305.3.4 36. Provide details showing transfer of shear wall holdown forces to foundation for shear walls above first floor. 37. Design structural elements for support of discontinuous lateral force resisting elements in accordance with ASCE 7 -05 Section 12.3.3.3. Reactions at ends of structural elements are required to be transferred to foundation, or until there are no net reactions. Provide details of all connections. 38. Provide details showing transfer of shear forces between: a. Horizontal diaphragms and lateral force resisting elements and drag /struts b. Bases of lateral force resisting elements and foundations. 39. Provide design /analysis of chords and chord splices. 40. Provide design of drag /struts and drag /strut connections. Include calculations for required diaphragm nailing at drag /struts (2 rows diaphragm BN will be required if diaphragms on each side of drag /strut are loaded to capacity). 41. Identify drag /struts on plans and specify drag /strut nailing. 42. Provide details showing how new footings and slab will be connected to existing foundation elements. 43. Wood framing members, including wood sheathing, that rest on exterior foundation walls and are less than 8 inches from exposed earth shall be of naturally durable or preservative- treated wood. CBC 2304.11.22 44. Call out foundation bolt size and spacing on foundation plan. The foundation bolts shall be 1 inch diameter for SDC D and 5/8 inch diameter for SDC E or F with 0.229 inch x 3 inch x 3 inch plate washers, embedded at least 7 inches into the concrete or masonry foundation, spaced not more than 6 ft. apart. CBC 2308.6, 2308.12.9, 2305.3.11 MECHANICAL. PLUMBING & ELECTRICAL (NEC 2007) (CIVIC 2007) (CPC 2007) 45. Provide electrical plans. Show all elements. 46. Provide G.F.C.I., per Article 210.8 2007 CEC: in bathroom, above kitchen countertop, crawl spaces, garage, rooftops, outdoor outlets, within 6' of wetbar sink/laundry sink. SURVEY CORRECTIONS: 47. Provide a site survey, stamped and signed by a State Licensed Land Surveyor or authorized Civil Engineer (License Number below 33,966). Surveyor or engineer shall permanently monument property corners or offsets before starting grading. Provide note on plan. Shared \Correction ListslResCorr 2007 02/04/09 5 `$� 48. Show location and description of all corner monuments. 49. Show driveway, curb and gutter, and all existing site improvements (structures, walls, planters, stairs, etc.). 50. Identify all finish surface materials. 51. Provide a legend for all symbols used. 52. Locate all trees in public- right -of -way facing or within 20 feet of the subject property; power poles; utility boxes, etc. 53. Show center line of street and dimension width or M. width. 54. Provide an on -site elevation bench mark at a permanent location, in front of the property. For sites within the special flood hazard area and sites on the islands, on the peninsula and in West Newport Beach, use the actual bench mark elevation as determined by Orange County Vertical Datum (NGVD29 or NAVD88). 55. Provide relative elevations at the following locations: a. All property corners. b. Around existing structure(s) at corners, including corners at jogs of exterior walls. c. At interior finish floor elevations. d. At bottom of all site walls. Indicate wall height. e. At bottom of elevated planters. Indicate planter height. f. At maximum spacing of 25' along the length and width of the property on all sides of an existing structure. g. Elevation contours for sloping sites every one foot elevation change. h. Three elevations (min.) equally spaced in the side yard of adjacent properties. i. Three elevations along the flow line in gutter and alley adjacent to site ADDITIONAL CORRECTIONS: 56. Show finish grades by spot elevations to indicate proper drainage in all areas. Use arrows to indicate direction of drainage. 57. Site drainage not provided. Show how new roof area ties into existing roof and site drainage. 58. Clearly identify the scope of work. Distinguish between existing hardscape and landscape and new /proposed hardscape and landscape improvements. Show locations of all existing buildings, structures, pools, fences, retaining walls, etc. Show grade elevation on both sides of wall and specify top of wall elevation. 59. Design drainage to insure water does not drain over the top edge of any slopes. 60. Show top and toe of all slopes and indicate slope ratio 1 Maximum 61. Exterior Lath and Plaster: Provide two layers of Grade D paper over all wood base sheathing. CBC 2510.6. SharetllCorrection ListslResCOrr 2007 02/04/09 6 62. Provide approved 1 -hour fire rated construction for exterior walls and roof assembly required for type VA construction as specified on title sheet or due to proximity to property lines. 63. Outdoor cooking appliance: Provide minimum 36 inches side /rear and 48 inches clearance to combustible framings. Appliances are not permitted under combustible framings. (CIVIC 921) 64. Provide separate sheets for architectural floor plans and structural framing plans. 65. Provide plan check and /or permit number for existing constructions referenced on plans. Existing conditions subject to verification once reference number is provided. 66. Provide additional structural plans for existing deck and caisson foundation that is supporting the propose patio cover. Existing deck and foundation must to check to see if they are sufficient to support the new load. Plans provided are not clear as to the limit of the existing deck and which part of the propose patio cover is supported by the deck. 67. Earthquake Induced Landslide Area: Foundation recommendation /review from a geotechnical engineer is required to evaluate the condition of the existing pile /caisson foundation system due to propose construction, for the new isolated footings, the potential for soil strength loss during earthquake, and provide any remediation as required. (1802.2.7) 68. Provide Wind and Seismic design data on plans as specified per section 1603.1.4 and 1603.1.5. 69. Revise seismic design for Site Class 'D.' Revise lateral calculations as required. 70. In Seismic Design Category (SDC) D, the capacity of toenail connections shall not be used when calculating lateral load resistance to transfer lateral earthquake forces in excess of 150 pounds per foot from diaphragms to shear walls, drag struts or other element, or from shear walls to other elements. (2305.1.4) 71. Hilti X -DNI, ESR 1663, is not permitted for seismic application in shearwalls. (ESR 1663, 5.4) 72. Single diagonally sheathed lumber diaphragm must be laid at an angle approximately 45 degrees to its support, straight sheathing not permitted. (2306.3.4) 73. Provide anchorage calculations per ACI 318 Appendix D for shear wall uplift and detail of anchorage into footing. 74. Provide current ICC -ESR report for hold downs, anchor rods, and epoxy specified on plans. Products are not permitted for use without current report approvals. Provide calculations as required by report to show compliance. 75. Detail a footing setback of H/3 to the face of slope.(1805.3.2; Fig 1805.3.1) 76. See red marked plans and calculations for additional correction comments. Provide response to each comment. a SharedlCorrection ListslResCorr 2007 02104109 7 ��! Attachment No. CC 6 Planning Commission staff report and Resolution No. 1808 x �' CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 20, 2010 Planning Commission Meeting Agenda Item No. 3 SUBJECT: Cliff Drive Appeal (PA2009 -149) 2949 Cliff Drive ■ Modification Permit No. MD2009 -030 APPLICANTIAPPELLANT: Antonio Cagnolo PLANNER: Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelan @newportbeachca.gov PROJECT SUMMARY An appeal of the Zoning Administrator's decision to deny Modification Permit No. MD2009 -030. Modification Permit No. MD2009 -030 would have allowed the following encroachments into required setbacks: up to 1 foot into the 4 -foot side yard setback for a 10- foot -10- inch -high portion of an outdoor room; up to 5 feet 4 inches into the 10 -foot rear yard setback for an 11- foot -3- inch -high portion of an outdoor room; and 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. RECOMMENDATION 1) Conduct a de novo hearing; and 2) Deny the appeal and uphold and affirm the decision of the Zoning Administrator and deny Modification No. 2009 -030, subject to the findings included within the attached draft resolution (Attachment PC 1). Y MAP Existing Structures r, Ills � w a Cliff Drive Appeal May 20, 2010 Page 2 LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Single -Unit Residential Detached RS -D Single - Family Residential R -1 Single -unit residential NORTH RS -D R -1 Sin le -unit residential SOUTH RS -D R -1 Sin le -unit residential acant EAST Parks and Recreation (PR R -1 Cliff Drive Park WEST RS -D I R -1 Single-unit residential "'0 Cliff Drive Appeal May 20, 2010 Page 3 INTRODUCTION Project Setting The subject property is located on the southerly side of Cliff Drive. The 10,736- square- foot lot is developed with a two -story, single -unit dwelling, a pool, and a pool house. Project Description The split -level outdoor room is supported by full- height wall sections and has a solid roof (Attachment PC 4). The outdoor room encloses 762 - square -feet of the backyard deck area and includes a fireplace. The applicant requests the following encroachments into required setbacks: • A 10- foot -10 -inch high portion of the outdoor room a minimum of 10 inches to a maximum of 1 foot into the 4 -foot side yard setback. This encroachment spans 22 lineal feet. • An 11- foot -3 -inch high portion of the outdoor room a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches into the 10 -foot rear yard setback. This encroachment spans 29 lineal feet. • 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. The outdoor room and fireplace structures were built without required permits. Background On February 11, 2010, the Zoning Administrator held a public hearing on Modification Permit No. MD2009 -030 and denied the application (Attachment PC 2). On February 26, 2010, the applicant appealed the decision of the Zoning Administrator. Pursuant to Section 20.95.060 of the Zoning Code, a hearing on an appeal must be held within 60 days of the date the appeal is filed, unless the applicant and appellant agree to a later date. On April 5, 2010, the applicant requested that the hearing not be conducted before May 20, 2010, to allow him time to formulate a justification for overturning the Zoning Administrator's decision. DISCUSSION The Appeal Cliff Drive Appeal May 20, 2010 Page 4 As of the publication date of this report, the applicant has not provided a justification for overturning the Zoning Administrator's decision. Pursuant to Municipal Code Section 20.95.060.C, a public hearing on an appeal is conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the appeal was filed. The appellate body is not bound by the decision being appealed or limited to the issues raised on appeal. Analysis Review of the Zoning Administrator's Decision Section 20.93.030 (Required Findings) of the Zoning Code requires that the following three findings must be made in order to approve a modification permit: A. The granting of this application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. B. The requested modification will be compatible with existing development in the neighborhood C. 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. The Zoning Administrator determined that facts did not exist to support the required findings. The Zoning Administrator denied Modification Permit No. MD2009 -030 (Attachment PC 2) with the following findings: The subject property is located in the R -1 Zoning District and has a required 10- foot rear yard setback and required 4 -foot side yard setbacks. The Zoning Code allows certain structures up to a height of 6 feet within required rear and side yard setbacks. 2. The natural grade of the property slopes downward in the southwest comer of the rear yard; however, it does not restrict the use of the large rear yard area of the 10,737- square -foot lot. The applicant states that a previous modification, which allowed the addition of an elevated concrete rear yard deck, created the ability to use the sloping rear yard area and that the proposed encroachments Cliff Drive Appeal May 20, 2010 Page 5 are requested to take advantage of the limited side yard area. However, the existing deck allows for use of a large rear yard area providing sufficient space for patio structures and an exterior fireplace without encroachments into the required rear and side yard setbacks, meeting requirements of the Code for this particular property. Staff finds no practical difficulties or physical hardships associated with the property to allow for the encroachments. 3. The request would not be compatible with existing development in the neighborhood as similar encroachments do not exist. The rear yard encroachment is adjacent a vacant lot however, it could create incompatibility with future development of the vacant lot as a single family dwelling which is intended to abut other single family properties with 10 -foot rear yard setbacks. The applicant has provided no justification for reversing the decision of the Zoning Administrator. Staff recommends upholding and affirming the Zoning Administrator's decision to deny the application based on the findings found in the draft resolution (Attachment PC 1). Alternatives The Planning Commission may reverse the decision of the Zoning Administrator and approve Modification Permit No. MD2009 -030 as submitted or with modifications. Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The accessory structures are alterations that involve no expansion of use. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: S � elinda Whelan, Assistant Planner Submitted by: DaVid Lepo, PlanRt g Director ATTACHMENTS PC 1 Draft Resolution including Findings PC 2 Zoning Administrator Action Letter February 11, 2010 PC 3 Project plans PC 4 Project Photos Cliff Drive Appeal May 20, 2010 Page 6 RESOLUTION NO. 1808 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING MODIFICATION PERMIT NO. MD2009 -030 FOR THE FOLLOWING ENCROACHMENTS INTO REQUIRED SETBACKS: UP TO 1 FOOT INTO THE 4- FOOT SIDE YARD SETBACK FOR A 10- FOOT -10- INCH -HIGH PORTION OF AN OUTDOOR ROOM; UP TO 5 FEET 4 INCHES INTO THE 10 -FOOT REAR YARD SETBACK FOR AN 11 -FOOT- 3- INCH -HIGH PORTION OF AN OUTDOOR ROOM; AND 5 FEET 4 INCHES INTO THE 10 -FOOT REAR YARD SETBACK FOR A 14- FOOT -3- INCH -HIGH EXTERIOR FIREPLACE LOCATED AT 2949 CLIFF DRIVE (PA2009 -149). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Antonio Cagnolo with respect to property located at 2949 Cliff Drive, and legally described as First Add to Newport Heights Portion of Lot 3, Block B, requesting approval of Modification Permit No. MD2009 -030. 2. The applicant proposed the following encroachments into required setbacks: • A 10- foot -10 -inch high portion of the outdoor room a minimum of 10 inches to a maximum of 1 foot into the 4 -foot side yard setback. This encroachment spans 22 lineal feet. • An 11- foot -3 -inch high portion of the outdoor room a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches into the 10 -foot rear yard setback. This encroachment spans 29 lineal feet. • 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. 3. At a noticed public hearing held on February 11, 2010, the Zoning Administrator considered the application, plans, and written and oral evidence presented at this meeting, and denied Modification Permit No. MD2009 -030 based on findings of denial. 4. On February 26, 2010, an appeal of the Zoning Administrators decision to deny Modification Permit No. MD2009 -030 was filed with the Planning Department. 5. The subject property is located within the Single - Family Residential (R -1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). Ie Planning Commission Resolution No. 1808 Page 2 of 3 6. A public hearing was held on May 20, 2010 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). 2. The accessory structures are alterations that involve no expansion of use. SECTION 3. FINDINGS The Planning Commission finds as follows consistent with the Zoning Administrator's decision: 1. The subject property is located in the R -1 Zoning District and has a required 10 -foot rear yard setback and required 4 -foot side yard setbacks. The Zoning Code allows certain structures up to a height of 6 feet within required rear and side yard setbacks. 2. The natural grade of the property slopes downward in the southwest corner of the rear yard; however, it does not restrict the use of the large rear yard area of the 10,737 - square -foot lot. The applicant states that a previous modification, which allowed the addition of an elevated concrete backyard deck, created the ability to use the sloping rear yard area and that the proposed encroachments are requested to take advantage of the limited side yard area. However, the existing backyard deck area allows for use of a large rear yard area providing sufficient space for patio structures and an exterior fireplace without encroachments into the required rear and side yard setbacks, meeting requirements of the Code for this particular property. Staff finds no practical difficulties or physical hardships associated with the property to allow for the encroachments. 3. The Appealed action and the requested Modification would not be compatible with existing development in the neighborhood as similar encroachments do not exist. The rear yard encroachment is adjacent to a vacant lot; however, it could create incompatibility with future development of the vacant lot with a single - family dwelling. Development of the vacant lot would require a 10 -foot rear yard setback consistent with R -1 zoning and the subject property would not provide the required 10 -foot rear yard setback leaving less separation between single family dwellings than the zoning requirements intend to create. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: FAUsers1PLN \Shared\PA's \PAs - 20091PA2009- 149\Appeal Planning Commission Resolution No. 1808 Page 3 of 3 1. The Planning Commission of the City of Newport Beach hereby denies the Appeal and affirms the Zoning Administrator's denial of Modification Permit No. MD2009 -030. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20"' DAY OF MAY, 2010. AYES: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren NOES: None fto r0 Robert Hawkins, Chairman Charles Unsworth, Secretary F: 1Users\PLNlSharedl PA's1PAs- 20091PA2009- 1491Appeal e" 1;/1:/2::: 21:33 X0:34 P. CC1 'C-C2 _ "RECEIVED AFTER AGENDA PRINiEO: "' I S !l/i 1. - -�� - - - - - Ilk IG-IZ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, October 12, 2010, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Reconsideration of Cliff Drive Appeal — The reconsideration of the City Council denial of an appeal by the applicant of the Planning Commission's decision to deny Modification Permit No. MD2009 -030. Modification Permit No. MD2009 -030 would have allowed the following encroachments into required yard setbacks: up to 1 -foot into the 4 -foot side yard setback for the posts of a 10 -foot 10- inch -high patio structure; up to 5 feet 4 inches into the 10 -foot rear yard setback for the posts of an 11 -foot 3- inch -high patio structure; and 5 feet 4 inches into the 10 -foot rear yard setback fora 14 -foot 3- inch -high exterior fireplace. These structures were built without the benefit of permits. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.aov on the Thursday prior to the hearing. For more information please call 949 - 644 -3204. For questions regarding details of the project please contact Patrick Alford, Planning Manager, at (949) 644 -3235, palfordOnewportbeachca.gov. Project File No.: PA2009 -149 Activity No.: MD2009 -030 Zone: R -1 (Single - Family Residential) General Plan: RS -D (Single -Unit Residential Detached) Location: 2949 Cliff Drive Applicant: Antonio Cagnolo Leilani Brown, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, October 12, 2010, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Reconsideration of CIHf Drive Appeal — The reconsideration of the City Council denial of an appeal by the applicant of the Planning Commission's decision to deny Modification Permit No. MD2009 -030. Modification Permit No. MD2009 -030 would have allowed the following encroachments into required yard setbacks: up to 1 -foot into the 4 -foot side yard setback for the posts of a 10- foot 104nch-high patio structure; up to 5 feet 4 inches into the 10 -foot rear yard setback for the posts of an 11 -foot 34nch -high patio structure; and 5 feet 4 inches into the 10 -foot rear yard setback for a 14 -foot 3 -inch -high exterior fireplace. These structures were built without the benefit of permits. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newoortbeachca.cov, on the Thursday prior to the hearing. For more information please call 949 -644 -3204. For questions regarding details of the project please contact Patrick Alford, Planning Manager, at (949) 644 -3235, oalford(a)newoortbeachca.gov. Project File No.: PA2009 -149 Zone: R -1 (Single - Family Residential) Location: 2949 Cliff Drive Activity No.: MD2009 -030 General Plan: RS -D (Single -Unit Residential Detached) Applicant: Antonio Cagnolo Leilani Brown, C Gerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, October 12, 2010, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Reconsideration of CIIH Drive Appeal — The reconsideration of the City Council denial of an appeal by the applicant of the Planning Commission's decision to deny Modification Permit No. MD2009-030. Modification Permit No. MD2009 -030 would have allowed the following encroachments into required yard setbacks: up to 1 -foot into the 4 -foot side yard setback for the posts of a 10- foot 10 -inch -high patio structure; up to 5 feet 4 inches into the 10 -foot rear yard setback for the posts of an 11 -foot 3 -inch -high patio structure; and 5 feet 4 inches into the 10 -foot rear yard setback for a 14 -foot 3 -inch -high exterior fireplace. These structures were built without the benefit of permits. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.aov on the Thursday prior to the hearing. For more information please call 949-044 - 3204. For questions regarding details of the project please contact Patrick Alford, Planning Manager, at (949) 644 -3235, palford(ftewportbeachca.aov. Project File No.: PA2009 -149 Activity No.: MD2009 -030 Zone: R -1 (Single - Family Residential) General Plan: RS -D (Single -Unit Residential Detached) Location: 2949 Cliff Drive Applicant: Antonio Cagnolo Leilani Brown, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, October 12, 2010, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Reconsideration of Cliff Drive Appeal — The reconsideration of the City Council denial of an appeal by the applicant of the Planning Commission's decision to deny Modification Permit No. MD2009 -030. Modification Permit No. MD2009 -030 would have allowed the following encroachments into required yard setbacks: up to 1 -foot into the 4 -foot side yard setback for the posts of a 10 -foot 10 -inch- high patio structure; up to 5 feet 4 inches into the 10 -foot rear yard setback for the posts of an 11 -foot 3- inch -high patio structure; and 5 feet 4 inches into the 10 -foot rear yard setback for a 14 -foot 3 -inch -high exterior fireplace. These structures were built without the benefit of permits. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.aov on the Thursday prior to the hearing. For more information please call 949-6" -3204. For questions regarding details of the project please contact Patrick Alford, Planning Manager, at (949) 644 -3235, palford anewportbeachca.aov. Project File No.: PA2009 -149 Zone: R -1 (Single- Family Residental) Location: 2949 Cliff Drive Activity No.: MD2009 -030 General Plan: RS -D (Single -Unit Residential Detached) Applicant: Antonio Cagnolo Leilani Broom, Ci Clerk City of Nwwnuvt Reach AN3AV-09-009•t ,.,dn- dodp+oga,alialgAa luaw06M43 t 09L5 Aa3AVl. q I woJYQane-MMIM i ap uge aunpey el B zallday ap suas 0 ® ue e6 a zasllpR jalad @ same; sauanbn; S USA ?1 W. CASE, INJ sasanrasein6(i valroo.cony Filer? 106119 2949 Cliff Dr Newport Beach CA 049 103 08 300' Owners February 18, 2010 917 Glenrrevre Street, Suite 7 • Laguna Beach, CA 91651 PH0,YE (949) 494 -6105 • FAX (949) 494 -7418 049 101 07 049 101 08 049 101 09 Darryl Fbo Wong James Ripley William Bennett 777 S Figueroa St #4850 15130 Domino St 3000 Cliff Or Los Angeles Ca 90017 Van Nuys Ca 91411 Newport Beach Ca 92663 049 101 10 049 101 11 049 101 12 William Edelhauser Jr. Terrence Carpenter Maxine Broback 311 Santa Ana Ave 315 Santa Ana Ave 317 Santa Ana Ave Newport Beach Ca 92663 Newport Beach Ca 92663 Newport Beach Ca 92663 049 102 03 049 102 04 049 102 05 Charles Wallace Sandberg Trust James Dobrott Jr. 312 Santa Ana Ave 640 Lido Park Or 2944 Cliff Or Newport Beach Ca 92663 Newport Beach Ca 92663 Newport Beach Ca 92663 049 102 07 049 102 08 049 102 14 Kevin Meyers Robert Gin Donald William 27991 Milt Cir Po Box 330 2936 Cliff Or Laguna Niguel Ca 92677 Hanford Ca 93232 Newport Beach Ca 92663 049 102 15 049 102 17 049 102 19 Gary Uecker James Roth Stekol Trust 2940 Cliff Or 2924 Cliff Or 320 Santa Ana Ave Newport Beach Ca 92663 Newport Beach Ca 92663 Newport Beach Ca 92663 049 103 01 049 103 02 049 103 03 Ramban LLC Sture Davidsson Chien Shan Wang 8929 Wilshire Blvd #211 2957 Cliff Or 2953 Cliff Or Beverly Hills Ca 90211 Newport Beach Ca 92663 Newport Beach Ca 92663 04Z 103 0 049 103 08 049 103 09 City port Beach Antonio Cagnolo Marilyn Riddle Po Box 1 2949 Cliff Or 227 Ocean View Ave Newport each Ca 92658 Newport Beach Ca 92663 Newport Beach Ca 92663 049 110 05 049 110 30 049 110 31 Sterling Motors Ltd Mariners LLC Wayne Minor 3000 W Coast Hwy 456 Montgomery SI #1 7th Po Box 490 Newport Beach Ca 92663 San Francisco Ca 94104 San Jacinto Ca 92581 T ru n 0965 ®/r,ZJ�f/ V asod> a iadvd pae� . M a SU010 p� 1Q 8 I 009l,5 aleldun j �V "n �� • SlaOel .JeaJ Asva ' worGane•Mw+nt wiuitu+a P09d+al "H^ ?J ' aP seas OP u!P ain(Pe4 el 9 zelldatl ®0915 ®AH3AW 3!uege6 at zes1113f ' Jeled @ salpe; sManbly 049 110 2 425 383 20 425 383 21 or rust Jay Westphal Ferit Kurtkan Po 490 237 Santa Ana Ave 3001 Cliff Dr San as to Ca 92581 Newport Beach Ca 92663 Newport Beach Ca 92663 Bror Monberg Newport Heights Improvement Mariners Mile Business Owners 3432 Via Oporto Suite 209C Association Association Newport Beach, California 92663 Don Knotee Ned McCune 2916 Clay St 424 E. 16 Street Newport Beach, CA 92663 Costa Mesa, CA 92627 Tw.09GS ®/1i13AV I r.a6P3 dn-dod wodxa ,eded pool ► ®09LS atelduwi 004any asn I Ol aUy huge Pia �� cuno� _ �aa.� tcn� Authsan7cd 6) Publish Advertisements of all kinds including public notices by Decree of the Superior Court of (range County. California. Number A -6214, -- ,—s ; t\ � September 29, 1961, and A -26831 June 11, 1463. j_ i �� / f_ R-- PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: October 2, 2010 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 6, 2010 at Costa Mesa, California. Signature oC f 12 Ali 9' 18 NMOF KMM NOME Is HEREBY GIV- EN that on Tuesday, octelar 12, 2010, at 7M par., a public hearing will be conduct ed m the city Councl Chambers (Budding A) at 3300 Newport Bou levard. Newport Beach The Car Council of the city of Newport Beach will consider the follow Irp appbcatlon: Rece"dereflea of OIH Wine Appeal The re oonsldcrahon of the City Coancd denial of an ap- peal by the applicant of the Plamm�{ Commit Adrl's OKISIpn m deny Modlncauon Pttmlt fb. MD2009030 Moddica Lion Pttmd No. MD2(109- 030 would nave atbwed the following en croachmenls Into a Queed yard setbacks: up to Itoot into the 4 foot side yard setback far the pasta of a ,o tope ,D Ihcnnlgn patio structure; To to 5 feet 4 Inches mlo the 10-toot rear yard setback for the 10 12 f u x'15 posts of an u,l= Inch high V%"O structure and 5 fill inches into the to t rear yard setback f a IA400t 3 inch high nor hreptace- These structures were Mir without the be*fi f Permits. .aa The protect Is catawl- cally e.ampt undw*k bon 15301. of . �h. forma Env 1 IN l l Quality Act (CEO) G wdelmes Clan 1 isbng Facilities). All interested till may appear and yrf t testimony in ralprdato this apphcabon. It IOU challenge this Pr blue FIn court. you rr!t��y Is limited to raisiQ{ Qtly those Issues ypUaor someone Of" rased -at the City Council meting (described In &S o lice) or, in written G r- respondence del wan6a0 the City, at or priuru the rewew. Tice al raw. omens nay, he malmatel a1 tare City Clark's dRn =%I-`wW Mrdt Ultimate�92 a43,#ut flas 01yOf NWAVO" Roedr wobdlo a vrwd,,n,,1ee YMYrp. For more matwl pease can . 949.6443204, ..!� For Questions r%8,*g details of the project pease contact Palcick Afford, Planning Manager. at (949) 644 -3235. ActMry Ile., aAD2fJQ9 030 Zane, R 1 (Single Family Resdenbal) General plans �fS D (Single Unit Res'ltilt oil Detached) EKaHanl 2949 Cliff Drive Applicants AntOnlo Beach /Costa I Pilot atop.