HomeMy WebLinkAboutSelich 5-22-19 Edward D Selich
627 Bayside Drive
Newport Beach Ca 92660
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach Ca 92660
May 22, 2019
Re: 1113 Kings Road
Dear Commissioners:
As chair of the zoning code rewrite committee in 2010 1 have been requested by the owners of 1113
Kings Road to elaborate on the intent of the establishment of grade procedures outlined in section
20.30.050 of the Newport Beach Municipal Code.
It was recognized during the 2010 code rewrite that establishment of grade on sloped lots would be
difficult due to the numerous topographical configurations that could occur.
A basic procedure was developed for lots with slopes greater than 5%.
There was also a procedure for using additional points of elevation to establish grade on lots with slopes
greater than 20%.
However, it was recognized that there would be lots with slopes in varying conditions where strict
application of these procedures would not work.
Since it was impossible to predict all these future circumstances Section C, Establishment of Grade by
the Director was added to the code to allow for establishment of grade for situations that neither of
these techniques work:
"C. Establishment of Grade by Director. If the Director finds that the existing grade on the subject lot
has been previously altered (e.g., contains retaining structures, property line walls, planters, or
excavation/fill), or other conditions are present to the degree that the existing grade is not
representative of the prevailing grades on adjoining lots and/or the general area and,therefore, is not
appropriate for the purpose of establishing the grade of the subject lot, the Director may establish the
grade that is reasonable and comparable with the grades of adjoining lots and that will not be
detrimental or injurious to property and improvements on adjoining lots."
This particular lot falls into a gray area between the "Greater Than 20%Technique" and the
"Establishment of Grade by Director".
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Arguably either technique could be used.The staff has taken the conservative approach of using the
"Greater than 20%Technique" along with a Variance which, in this situation, is entirely appropriate and
what was intended in the Zoning Code rewrite.
This lot, with its unusual topography, is a textbook example of what this section of the zoning code was
written for.
Edward D Selich
Cc:Jaime Murillo
Jim Campbell
Seimone Jurjis
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