HomeMy WebLinkAboutTomsic Deck Extension (PA2003-299)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
March 4, 2004
TO: PLANNING COMMISSION
FROM: Rosalinh M. Ung, Associate Planner
(949) 644 -3208, rung @city.newport- beach.ca.us
SUBJECT: Call for review of Modification Permit No. 2003 -122
(PA2003 -299)
448 Isabella Terrace
APPLICANT NAME: Ronald P. Tomsic
BACKGROUND:
On December 23, 2003, the applicant submitted a Modification Permit application for
the consideration of a deck extension to encroach into the required front yard setbacks.
The applicant is proposing to expand and "square -off' a portion of the existing second -
floor deck that is presently built at an angle to the property lines. See the attached Site
Plan dated December 3, 2003. The applicant desires a larger deck due to the loss of
deck space caused by a planned kitchen expansion.
Based on the submitted application and drawings dated December 3, 2003, the
Modifications Committee, on January 14, 2004, voted 3 ayes and 0 noes to approve a
modified project by limiting the encroachment to 2 -feet 10- inches into the required 15-
foot front yard setback at the view side of the property overlooking Rivera Terrace. The
Committee also approved the encroachment of two vertical columns in the required 15-
foot setback to support the second -floor deck. The deck and support columns will
exceed the allowable height of 3 feet in the front yard setback areas.
January 27, 2004, staff received a request to review the decision by Commissioner
Tucker.
In preparation of the Planning Commission staff report, it was discovered that the
submitted plans contained inaccurate information pertaining to the location of the deck
and the proposed expansion area. Staff requested corrected plans which were
submitted by the applicant for review.
448 Isabella Terrace
March 4, 2004
Page 2
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448 Isabella Terrace
March 4, 2004
Page 3
The revised site plan revealed that the existing deck facing on Seaward Road is actually
10 -feet 11- inches from the property line rather than the 13 -feet 2- inches as shown on
the approved plan.
DISCUSSION:
The property is located in the R -1 -13 District. According to the Districting Map 20, the
front setback along Rivera Terrace is 15 feet and is carried around the curved corner of
the property halfway. Thereafter, the setback changes to 10 feet along Seaward Road.
The latest revised site plan accurately shows two areas of encroachment, one -foot
encroachment at the southeast corner of the deck on Seaward Road side and an
irregular- shaped area of 2 -feet 6- inches encroachment on Rivera Terrace side. The
remaining area of the new deck will be located outside of the required setbacks on both
sides of the streets and would otherwise be permitted.
The rationale behind the Modifications Committee's approval was to allow the new deck
area to match the line of the existing deck adjacent to Seaward Road by carrying the
same setback of 13 -feet 2- inches to the center of the street radius in order to meet the
line of the existing deck on Rivera Terrace side (see the Site Plan dated December 3,
2003).
With the latest information contained in the revised site plan, the Planning Department
determined that the proposed deck expansion is now correctly represented and
accurately identified. The "square -off" area of the deck will not protrude or extend
beyond the existing setback of 13 -feet 8- inches along Rivera Terrace and will align with
the existing deck area along Seaward Road side of 10 -feet 11- inches.
As of February 25th, 2004, the Planning Department received 16 letters in support
(Exhibit 2) and 3 letters in opposition (Exhibit 3) of the applicant's request.
Commissioner Tucker requested staff to address some of the concerns stated in the
three letters of oppositions.
The Wardys' letter stated concerns of potential loss of light, air, quiet, privacy and open
space to which they believe they are entitled under the City's Zoning Code.
The Smith's letter expressed concerns of a new wall and the overall building height of
kitchen expansion area including the second -floor deck that might exceed the building
height allowance should it be enclosed with a roof structure or a treilis/awning.
The Morgenstern's letter expressed concerns that the subject property will "loom" over
their property and the deck expansion will further extend into the view from their kitchen
and will create a view obstruction.
448 Isabella Terrace
March 4, 2004
Page 4
These concerns were reviewed by the Modifications Committee yet may not be
applicable in this request. Staff agreed that the previous site plan is not clearly depicting
the proper locations of the existing deck and the proposed deck expansion. However,
the building elevation drawings still clearly show that the proposed kitchen expansion
will have a matching roof design with the existing house. The overall building height of
the existing house including the new addition and deck area are well within the
permitted building height. With regard to the existing deck, it has been in this
configuration since the early 1980's, and has not resulted in a detriment to the
neighborhood. The existing second -floor deck is designed to stay open, was built within
the footprint of the existing house, and therefore should not have a looming effect onto
the surrounding homes that are separated from the property site by streets.
The revised site plan shows that the existing deck facing on Seaward Road is actually
10 -feet 11- inches from the property line, which is well within the required setback of 10
feet. A majority of the new deck will be located outside of the required setbacks on both
sides of the streets except for the two small areas of setback encroachment.
The property owner has not expressed any desire to enclose any portion of the deck or
the construction of a trellis. An enclosure or trellis would require a building permit and
an amendment to this permit if it were located within a setback area. With regards to the
request of the neighbor to protect their view, the Zoning Code does not protect private
views.
Environmental Review:
This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under Class
11 (Accessory Structures).
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 upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Staff recommends that the Planning Commission reverse the decision of the
Modifications Committee and approve the applicant's request by adopting the findings
and conditions in Exhibit 4. Due to the accurate representations of the project, the
encroachments are smaller and the strict application of the setbacks would lead to an
unconventionally shaped deck. If the Commission believes the proposed encroachment
is not appropriate, the Commission has the following options:
448 Isabella Terrace
March 4, 2004
Page 5
The Commission has the option of denying the original request by the applicant.
2. The Commission has the option of modifying the project by approving a different
design or encroachment.
Prepared by: Submitted by:
R salinh M. Un , A sociate Planner
Exhibits:
Patricia L. Temple, Planrfing Director
1. Approval letter for Modification Permit No. 2003 -122
2. Letters in Supportive of the Applicant's Request
3. Letters in Opposition of the Applicant's Request
4. Revised Findings and Conditions
5. Full -size Plans (for the Commission only)
EXHIBIT 1
APPROVAL LETTER FOR MD2003 -122
�.o
January 14, 2004
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3229
Ronald P. Tomsic
448 Isabella Terrace
Corona del Mar, CA 92625
Application No:
Applicant:
Address of
Property Involved:
Legal Description:
MODIFICATION PERMIT NO. MD2003 -122
(PA2003 -299)
Staff Person: Javier S. Garcia, 644 -3206
Appeal Period: 14 days after approval date
Modification Permit No. MD2003 -122
(PA2003 -299)
Ronald P. Tomsic
448 Isabella Terrace
Lot 151, Tract 1237
Request as Modified and Approved:
The Modifications Committee modified and approved the applicant's request to allow the
expansion portion of an existing second -floor deck to encroach a maximum of 2 -feet 10-
inches into the required 15 -foot front yard setback at the view side of the property
overlooking Rivera Terrace. Also allowed to encroach into the required 15 -foot front
setback are two vertical columns to support the second -floor deck. The deck and support
columns will exceed the Code Permitted 3 feet in height in the front yard setback. The
property is located in the R -1 -B District.
Original Request.
Request to allow the expansion of an existing second -floor deck that will encroach 5 feet
into the required 15 -foot front yard setback at the view side of the property overlooking
Rivera Terrace. The ground floor patio will also be expanded but will not exceed the Code
Permitted 3 -feet in height. The property is located in the R -1 -B District.
The Modifications Committee, on January 14, 2004, voted 3 ayes and 0 noes to approve
the application request as modified based on the following findings and subject to the
following conditions.
The Modifications Committee determined in this case that the proposal would not be
detrimental to persons, property or improvements in the neighborhood and that the
modification as approved would be consistent with the legislative intent of Title 20 of the
Newport Beach Municipal Code, and, made the following findings:
I
January 14, 2004
Page - 2
FINDINGS:
1. The Land Use Element of the General Plan and the Local Coastal Program Land
Use Plan designate the site for "Single- Family Detached" residential use. The
existing residential structure is consistent with this designation. The deck
accessory to the primary use.
2. This project has been reviewed, and it has been determined that it is
categorically exempt from the requirements of the California Environmental
Quality Act under Class 1 (Existing Facilities).
3. The proposed modification to the Zoning Code would be consistent with the
legislative intent of Title 20 of the Newport Beach Municipal Code and is a logical
use of the property that would be precluded by strict application of the zoning
requirements for this District for the following reasons:
The subject property is a double- frontage corner lot and the second -floor
deck is located at the corner of the property where the two streets
intersect. The proposed encroachment with the deck expansion is a
reasonable design given the location of the subject property and the
curving property line.
The expansion of the second -floor deck has been approved to match the
line of the existing deck adjacent to Seaward' Road and is a minor
encroachment into the front yard setback adjacent to Rivera Terrace.
4. The proposed modification to the Zoning Code will not be detrimental to persons,
property or, improvements in the neighborhood or increase any detrimental effect
of the existing use for the following reasons:
• The second -floor deck is open and does not consist of living space.
• The deck expansion has been approved to match the line of the existing
deck along the Seaward Road frontage side of the subject property, which
has been in this configuration since the early 1980's, and has not resulted
in a detriment to the neighborhood.
• The 2 -foot 10 -inch encroachment with the deck and support columns into
the front yard setback adjacent to Rivera Terrace is minor in nature.
The deck expansion and support columns will not interfere with sight
distance from any street, alley or driveway.
5. The proposed deck expansion and support columns will not affect the flow of air
or light to adjoining residential properties because:
• The deck and support columns are located at the corner of the subject
property where Rivera Terrace and Seaward Road intersect.
6. The proposed deck expansion and support columns will not obstruct public views
from adjacent public roadways or parks because:
There are no public views through or across the subject property that are
affected by the proposed project.
CONDITIONS:
The development shall be in substantial conformance with the approved plot
plan, floor plans and elevations, except as noted in the following conditions.
January 14, 2004
Page - 3
2. Anything not specifically approved by this Modification Permit is prohibited and
must be addressed in a separate and subsequent Modification Permit review.
3. 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.
4. The second -floor deck may be expanded to encroach a maximum of 2 -feet 10-
inches into the required 15 -foot front yard setback adjacent to Rivera Terrace.
The deck and support columns shall maintain a minimum setback of 13 -feet 2-
inches to the property line adjacent to Rivera Terrace.
5. A building permit shall be obtained prior to commencement of the construction.
6. All work performed within the public right -of -way shall be reviewed and approved
by the Public Works Department under an encroachment permit/agreement if
required.
7. 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 (B) of the Newport Beach Municipal Code.
The decision of the Committee may be appealed to the Planning Commission within 14
days of the date of the decision. A filing fee of $915.00 shall accompany any appeal filed.
No building permits may be issued until the appeal period has expired. A copy of the
approval letter shall be incorporated into the Building Department set of plans prior to
issuance of the building permits or issuance of revised plans.
MODIFICATIONS COMMITTEE
By
Javier S Garcia, XCP, Senior Planner
Chairperson
JSG:jjb
F:\USERS \PLWShared \PA's \PAs - 2003\PA2003- 299 \MD2003 -122 Appr.doc
Attachments: Vicinity Map cc:
Roy Sasaki, contact person
Letters Received 957 Carnation
in Opposition: G. Smith, 424 Rivera Terrace Costa Mesa, CA 92626
M &C Morgenstern, 448 Rivera Terrace
A &T Wardy, 616 Seaward Road
Letters Received
in Support: P. Ochs, 444 Isabella Terrace
K. Behrens, 620 Seaward Road
F.& L. Marino, 441 Isabella Terrace
9
EXHIBIT 2
LETTERS IN SUPPORTIVE
OF APPLICANT'S REQUEST l�
Ronald R Tomsic
4481sabella Terrace
Corona del Mar, CA 92625
Telepbone: (949) 644-6600
Far- (949) 544 -8721
E Mail RTonnsic@AOL.com
February 20, 2004
Ms. Rosalinh Ung
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
Re: Modification Permit No. MD 2003 —122
448 Isabella Terrace, Corona del Mar, CA
Dear Ms. Ung:
RECEIVED BY
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
FEB 2 S 2004 PM
7 819110 X11112 i11213141516
Enclosed are sixteen letters from seventeen property owners (There are two property owners
on the Lumsdon letter) that have expressed their support of the proposed construction to
"square off" the existing deck as proposed under the above captioned modification permit.
Please note that Keith Behrens, the property owner that resides at 620 Seaward Road, the
home that would be most affected by the proposed project, has written a letter in support of
the project.
At the time of the hearing for the modification permit it was the impression of the staff that the
set back on both sides of the property was fifteen feet (15'). Actually, the setback on the
Rivera Terrace side is fifteen feet, but the setback on the Seaward Road side is ten feet (10'),
which diminishes the amount of encroachment that I am requesting.
The Planning commissioners should also be made aware that there are underlying reasons
why two of the three property owners wrote letters opposing the proposed project. The
legitimacy of the complaints in these two letters, as well as that of the third letter, is suspect
and something that I welcome the opportunity to address at the hearing, if required.
I will be out of town from 2/24 to 3/2, but if you have any additional questions please leave a
voice mail message for me and I will return your call. Or as an alternative you may contact
Roy Sasaki at 714/549 -4768.
Sincerely,
Ronald P. Tomsic
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Keith W. Behrens
620 Seaward Road
Corona del Mar, CA 92625
Telephone: (949) 721 -8840
Fax: (949) 640 -7072
February 12, 2004
Planning Department
City Hall
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Modification Permit No. MD2003 -122 (PA 2003 -299)
Gentlemen:
I have reviewed the plans and inspected the site of the proposed construction requested
in the subject Modification Permit.
The homes along the east side of Seaward Road concentrate their line of site toward the
ocean and not toward the subject site. My living room faces directly across the street
from the proposed deck extension, making my property the one that would be most
affected. If anyone could legitimately complain about this construction it would be me.
Contrarily, I believe that the addition would improve the appearance of the building and
would not adversely affect the corner in any way.
I recommend that you grant Mr. Tomsic's request for the addition to his deck.
Sincerely,
Keith W. Behrens
1�)
Donald R Tomsic
4481sabella Terrace
Corona del Mar, G4 92625
Telephone: (949) 644-6600
Fax: (949) 644-8721
E-Mail•" RTomsic940L. c
December 30, 2003
To My Immediate Neighbors
Dear Neighbor:
In the near future, I plan on remodeling my home at the address on the letterhead.
One of the things that I will be doing is enlarging the kitchen by extending it onto the
existing deck In doing so, 1 will be losing valuable deck space. To recoup a portion of
the deck area that t will be losing, I have made application to the City of Newport Beach
to square off the portion of the deck that is presently on an angle (See enclosure).
1 have reviewed this plan with the City of Newport Beach Planning Department, who
indicated that since the deck is merely being squared off that it should not adversely
affect any of the neighbors.
Should you have any questions regarding this matter, please call me and I will be
happy to review my plans in more detail with you.
Sincerel
Ron Tomsic
Encl.
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January 30, 2004
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Modification Permit No. MD2003 -122 at 448 Isabella Terrace, Corona del Mar, CA
Gentlemen:
My wife, Nancy, and I are residents in Corona Highlands at 460 Mendoza Terrace.
It is our opinion that the deck extension requested by Ronald Tomsic is a reasonable
request and will be an improvement of the appearance of the building.
We recommend that you approve of this modification.
Sincerely,
_J
Curt Heaton
460 Mendoza Terrace
Corona del Mar, CA 92625
949/760 -1631
J5
Use Marino
441 Isabella Terrace
Corona del Mar, CA 92625
(949) 631 -6385
February 1, 2004
City of Newport Beach
Planning Department - Modifications
3300 Newport Boulevard
Newport Beach, CA 92663
Gentlemen:
I am writing regarding the modification permit no. MD2003 -122 for Ronalo P. Tomsic at
448 Isabella Terrace.
Mr. Tomsic was kind enough to send me a diagram ouElining the proposed. extension of
his deck. I am quite familiar with the corner of Seaward Road and Rivera Terrace
where it will be built, as I live across the street from him and pass this corner frequently.
I am in favor of Mr. Tomsic improving his home and support of the deck extension.
It is my recommendation that you grant "this modification permit.
Sincerely,
1(D
Jerry & Blythe Fair
456 Mendoza Terrace
Corona del Mar, CA 92625
February 2, 2004
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
Re: Proposed Deck Extension by Ron Tomsic
Modification Permit No. MD2003-122
Gentlemen:
I support the request by Ron Tomsic to extend the deck on his home at 448 Isabella
Terrace in Corona del Mar.
The "squaring off' of the deck is rather innocuous and aesthically enhances the
features of the property.
Singeply,
Je Fair
)1
Jim & Gaylene Wayne
609 seaward
Corona del Mar, C4 92625
(949) 721-9532
February 12, 2004
City of Newport Beach
Planning — Modifications Dept.
3300 Newport Boulevard
Newport Beach, CA 92663
To Whom It May Concern::
Please approve Modification Permit no. MD2003-122 for Ronald P. Tomsic at 448
Isabella Terrace.
We have reviewed the sketch of the proposed "squaring off' of the de& and believe
that it will be an improvement to the appearance of the home. In addition, we do
not feel that it affects the neighborhood in any way.
Sincerely,
Wayne
Gaylene Wayne
iq
Theodore I. Wallace Jr.
428 Mendoza Terrace
Corona Del Mar, CA. 92625
January 30, 2004.
Newport Beach Planning Department
Modifications Committee
3300 Newport Boulevard
Newport Beach, CA.
Re: Modification Permit #MD2003 -122 (PA2003 -299)
Gentlemen:
I am a neighbor of Mr. Ronald P. Tomsic who has requested a modification of the zoning
ordinance to permit the squaring off of his existing second floor deck. His proposal will have no
negative consequences to me or any other neighbor. I approve of his requested modification and
ask that the City of Newport Beach approve it.
Sincerely,
Theodore I. Wallace Jr.
19
February 4, 2004
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
Re: Modification Permit No. MD2003 -122
448 Isabella Terrace, Corona del Mar, CA
To Whom It May Concern:
I live at 532 Seaward Road in Corona del Mar just
down the street from the home of Ron Tomsic, so I am
familiar with the corner of Seaward Road and Rivera
Terrace where the construction would occur under the
above Modification Permit.
I have absolutely no problem with this proposed
deck extension and encourage you to grant the permit to
Mr. Tomsic.
ly,
7 r
Dan Olmstead
532 Seaward Road
Corona del Mar, CA 92625
949/640 -9270
P�
Page 1 of 1
Ramirez, Jyll
From: Peter Ochs [PeterO @fieldstone- homes.comj
Sent: Tuesday, January 13, 2004 10:23 AM
To: jramirez @city.newport- beach.ca.us
Subject: January 14 Modification Meeting
January 13, 2004
Newport Beach Planning Department
Modifications Committee
3300 Newport Boulevard
Newport Beach, CA
Re: Modification Permit 4MD2003 -122 (PA2003 -299)
To Whom It May Concern:
I live at 444 Isabella Terrace, adjacent to Mr. Ronald P. Tomsic who has requested a modification of the
zoning ordinance to permit the squaring off of his existing second floor deck. This is to inform you that
this squaring off will have no negative consequences to my property and seems to be a minor request. I
am supportive of Mr. Tomsic's requested modification.
Very truly yours,
Peter M. Ochs
PMO /dre
'�k
01/13/2004
City of Newport Beach
3300Newport Blvd.
Newport Beach,
Cal., 92623
Planning Dept.
Ref. Mal. # 2003 -122
Feb. 1, 2004
This letter is written in support of the above Mod. # by Mr. Ron Tomsic, 448 Isabella Ter.,
CDM.. The proposed deck extension and minor remodel will not affect neighbors or the
community.
The proposed plans, in my opinion will aesthetically improve his property. My wife and I have
lived continousely in Corona Highlands since 1965 and owned 5 different parcels over the years
here.
PLEASE SUPPORT THE MODIFICATION.
If I can answer any questions I can be reached ® 469 De Sola Terrace, CDM, 949 760 -1465
David and Carol Harshbarger
c. am7a�
F
February 7, 2004
Planning Dept.
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Modification Permit #MD 2003 -122
448 Isabella Terrace, Corona del Mar, CA
Dear Sirs:
In regard to the Modification Permit at 448 Isabella Terrace, Corona del Mar requested
by the owner, Ron Tomsic, we are in favor of the modification. The remodeling consists
of the "squaring' off of the upper deck. We live in the neighborhood, the Corona
Highlands and in our opinion, this addition will in no way interfere with any vehicular
traffic or any views in the neighborhood.
Sincerely yours,
Eleanor Lumsdon, 457 Cabrillo Terr. Corona del Mar, CA
Thomas G. Lumsdon 457 Cabrillo Terr. Corona del Mar, CA
Phillip Magierf 544 De Anza Drive, Corona del Mar, CA
A3
John & Barbara Wertin
449 Isabella Terrace
Corona del Mar, CA 92625
February 10, 2004
Newport Beach Planning Department
Modifications Committee
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Modification Permit No. MD2003 -122
Deck Extension of Ronald Tomsic, 448 Isabella Terrace
Gentlemen:
I reside at 449 Isabella Terrace in Corona Highlands directly
across the street from Ron Tomsic.
I feel that the modification of the zoning ordinance requested
by Mr. Tomsic to extend his second floor deck will have no
negative impact on our neighborhood.
I am supportive of the requested modification and encourage you
to approve it.
Since y,
Lam/ -G:2
John Wertin
Barbara Wertin
01�
Joe Ueberroth
626 Seaward Road
Corona del Mar, CA 92625
February 10, 2004
Planning Deparbnent
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Modification No. MD2003 -122 for Ronald Tomsic, 448 Isabella Terrace
To Whom It May Concern::
The deck extension planned by Ronald Tomsic appears to have no adverse affect on the Corona Highlands
subdivision.
Therefore, I support Mr. Tomsic's request for the above captioned modification permit,
Sincerely,
Joe Ueberro�
A5
January 30, 2004
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Modification Permit No. MD2003-122
448 Isabella Terrace, Corona del Mar, CA
Gentlemen:
Ronald Tomsic, owner of the above captioned property, has provided us with
a drawing of the proposed construction of the extension of his upper deck.
This addition will be an improvement of the appearance of the building and
will have no adverse consequences to our property or the neighborhood.
Approval of this modification is requested.
Sincerely,
-�cott memeeej p
440 Rivera Terrace
Corona del Mar, CA 92625
FEZ
LOU AND MARY COCKLEY
468 De Sola Terrace
Corona Del Mar, California 92625
City of Newport Beach
Planning Department
3300 Newport Blvd.
Newport Beach, Ca. 92663
Re: Modification Permit No. MD2003 -122
Gentlemen:
My wife Mary and I have been residents of corona Highlands for over 19 years. I have
been active in our homeowners association for a substantial period of time and have a
strong interest in the "community spirit" of the area.
It is our opinion the proposed modification of the deck by Mr. Tomsic would be an
enhancement of his property and we believe there is NO negative impact on the
community.
We support the project and recommend it's approval.
Sincerely, O.E. "Lou" Cockley
�I
Carl Jeremias
444 Rivera Terrace
Corona del mar, CA 9625
949 - 720 -9086
E -Mail: cdmci@adelphia.net
February 12, 2004
City of Newport Beach
Planning Department
300 Newport Boulevard
Newport Beach, CA 92663
Re.: Modification Hearing # MD 2003 -122
Gentlemen:
I reside at 444 Rivera Terrace in Corona del Mar, which is just down the Street from the
Home of Ronald Tomsic.
The Deck extension proposes by Mr. Tomsic appears to be non - obtrusive and will not
hinder the area in any way.
I am in favor of the approval of this modification.
Should you have any questions, feel free to contact me.
Sincerely
(�
Car eremias
EXHIBIT 3
LETTERS IN. OPPOSITION
OF APPLICANT'S REQUEST
RONALD RUS
JOEL 9. MILIBAND
RANDALL A. SMITH
LAUREL R. ZAESKE
D. EDWARD HAYS
LEO J. PRESIADO
CATHRINE M. CASTALDI
M. PETER CRINELLA
JAME P. MA9CARO
SEAN A. KADING
OF COUNSEL
PATRICK K. Mc CLELLAN
VIA MESSENGER
Rus, MILIBAND & SMITH
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
CITICORP PLAZA
2600 MICHELSON DRIVE, SEVENTH FLOOR
IRVINE, CALIFORNIA 92612
January 14, 2004
City of Newport Beach Planning Department
ATTN: Modifications Committee
Mr. Jay Garcia
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Ronald P. Tomsic
448 Isabella Terrace
Modification Permit No. MD2003 -122 (PA2003 -299)
Hearing Date: January 14, 2004
Dear Mr. Garcia:
BUILDING DEPARTMEN I
.JAN 13 2003
CITY OF NEWPORT BEACH
ACh
TELEPHONE (949) 752 -7100
FACSIMILE (949) 252 -1514
Nttp: / /www.rmaap c.00 m
REFERENCE NUMBER:
2320 -0002
This firm represents Amen and Traci Ann Wardy ("Wardys11), the owners of 445
Isabella Terrace and 616 Seaward Lane, Corona del Mar, California. By this letter, the Wardys
formally object to any modification of the City of Newport Beach Zoning Ordinance with respect
to the above - referenced property and request for modification.
The Wardys' properties are immediately across the street both to the east and to the
south of Mr. Tomsic's property. The Wardy's are.therefore the property owners most affected by
the modification requested and the incidental loss of light, air, quiet, privacy and open space to
which they are entitled under the Zoning Ordinance, and which would be jeopardized if the
modification were granted.
If you have any questions or require other form of formal objection, please call me.
Very truly yours,
RUS, MILIBAND & SMITH
A PWIessional Col v
RONALD RUS p
RR: jpm J
Gared N. Smith, AIA
424 Rivera Terrace
Corona del Mar, CA 92625
949 - 640 -9622
January 14, 2004
FAX: 644 -3229
J. Garcia, Planning Director
City of Newport Beach
3700 Newport Boulevard
Newport Beach, CA 92663 -3884
RECEIVED BY
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
JAN 14 2004
7�8191 10 X11 112 11 12j314CS16
TO: Modification Permit Committee
RE: Modification Permit Hearing on property located within Corona Highlands at 448 Isabella
Terrace, CDM, 92625, with the view side at the comer of Rivera Terrace and Seaward Road.
M.D. 2003 -122
P.A. 2003 -299
I am a resident of Corona Highlands and have reviewed the plans and modification request
submitted to you and I have the following comments:
The plans lack sufficient information to make a proper judgement on this request. The
comer of this property has about a 45 degree slope from the curb up to the existing patio. Within
that slope is an existing wall of 3 feet which does not appear to be sound. Rivera Terrace also
slopes up in a westerly direction from the comer. The plans do not show where the requested
wall would be located, how long or high it will be, and whether it will be a retaining wall or
supporting the new structure. The new structure is two stories high, with the patio floor some
eight to ten feet above the grade. Then the second floor deck is nine feet or so above the patio
and if the patio has a roof, trellis or awning on it, add another eight to nine feet. This will then be
approaching the 29 feet maximum allowable height in the City. All of this will be encroaching
into the required 15 foot set back on Rivera and Seaward.
The currently overgrown landscaping shrubbery makes this a blind intersection, and
building a permanent structure out in to the sight line at this comer would be very dangerous.
If the owner plans on having an outdoor living space at these locations, he undoubtedly
will enclose them in some manner for visual and sound privacy, as well as wind protection_ If the
current owner does not enclose them, the next owner might.
Thank you for the opportunity to express these concerns to the Modifications Permit
Committee.
Sincerely,
cc: Ron Tomsic, 448 Isabella Terrace, CDM 92625
D1
MARTIN & CORINNE MORGENSTERN
448 RwERA TERRACE
CORONA DEL MAR, CA 92625
(949) 720 -3%7
January 13, 2004
091 Po1 7fi! 13 104 13:10
Mr. Jay Garcia Via Fax No: 949 - 644 -3229
Senior Planner
Newport Beach Planning Department
P.O. Box 1768
Newport Beach, CA 92658 -8915
Re: Property located at 448 Isabella Terrace
Modification Permit #MD2003 -122
Martin and Corinne Morgenstern, owners of the property located at 448 Rivera Terrace,
are not in support of Ronald P. Tomsick's request for modification of the zoning
ordinance that will allow the expansion of an existing second floor deck 5 feet into the
required 15 foot front yard sub -back.
The Corona Highlands neighborhood consists of narrow streets and hill terrain. The
subject property at 448 Isabella Terrace is located directly across Rivera Terrace from our
home, on a raised parcel. This parcel "looms" over our property and the expansion of
said deck into the city required 15 -foot setback will further this "looming" feel to our
property. In addition, if constructed into the 15 -foot setback, said deck will further
extend into the view from our kitchen, looking back toward the hills, and create a close -
up view obstruction.
Mr. Tomsick is very concerned with views and the impact of close -up obstructions to
views. We are certain he will understand our concern and objection to his request for
said modification.
Sincerely,
Corinne
Owners of 448 Rive
yc�
EXHIBIT 4
REVISED FINDINGS AND CONDITIONS
3
EXHIBIT 4
REVISED FINDINGS AND CONDITIONS
For 448 Isabella Terrace:
FINDINGS:
1. The Land Use Element of the General Plan and the Local Coastal
Program Land Use Plan designate the site for "Single- Family Detached"
residential use. The existing residential structure is consistent with this
designation, The deck accessory to the primary use.
2. This project has been reviewed, and it has been determined that it is
categorically exempt from the requirements of the California
Environmental Quality Act under Class 11 (Accessory Structures).
3. The proposed modification to the Zoning Code would be consistent with the
legislative intent of Title 20 of the Newport Beach Municipal Code and is a
logical use of the property that would be precluded by strict application of
the zoning requirements for this District for the following reasons:
• The subject property is a double- frontage comer lot and the
second -floor deck is located at the corner of the property where the
two streets intersect. The proposed encroachment with the deck
expansion is a reasonable design given the location of the subject
property and the curving property line.
• The expansion of the second -floor deck has been approved to
align with the existing deck area along Seaward Road of 10-
feet 11- inches from the property line and will not protrude or
extend beyond the existing deck with a setback of 13 -feet 8-
inches along Rivera Terrace.
• Due to the accurate representations of the project, the
encroachments are smaller and the strict application of the
setbacks would lead to an unconventionally shaped deck.
4. The proposed modification to the Zoning Code will not be detrimental to
persons, property or improvements in the neighborhood or increase any
detrimental effect of the existing use for the following reasons:
• The second -floor deck is open and does not consist of living space.
• The deck expansion has been approved to match the line of the
existing deck along the Seaward Road frontage side of the subject
property, which has been in this configuration since the early
1980's, and has not resulted in a detriment to the neighborhood.
• The two areas of encroachment: one -foot encroachment at the
southeast corner of the deck on Seaward Road side and an
irregular- shaped area of 2 4eet 6- inches encroachment on
Rivera Terrace side are minor in nature.
• The deck expansion and support columns will not interfere with
sight distance from any street, alley or driveway.
34
Revised Findings & Conditions
MD2003 -122
Page 2of2
5. The proposed deck expansion and support columns will not affect the flow
of air or light to adjoining residential properties because:
• The deck and support columns are located at the corner of the
subject property where Rivera Terrace and Seaward Road
intersect.
6. The proposed deck expansion and support columns will not obstruct
public views from adjacent public roadways or parks because:
• There are no public views through or across the subject property
that are affected by the proposed project.
CONDITIONS:
1. The development shall be in substantial conformance with the approved
plot plan, floor plans and elevations, except as noted in the following
conditions.
2. Anything not specifically approved by this Modification Permit is prohibited
and must be addressed in a separate and subsequent Modification Permit
review.
3. 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.
4. The deck expansion may encroach a maximum of 1 -feet 4- inches into
the required 15 -foot front yard setback adjacent to Rivera Terrace, to
align with the existing second -floor deck. The deck and support
columns shall maintain a minimum setback of 13 -feet 8- inches to the
property line adjacent to Rivera Terrace.
5. A maximum of one -foot encroachment may be allowed for the deck
expansion at the southeast corner on Seaward Road side.
6. A building permit shall be obtained prior to commencement of the
construction.
7. All work performed within the public right -of -way shall be reviewed and
approved by the Public Works Department under an encroachment
permittagreement if required.
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 (B) of the Newport
Beach Municipal Code.
Note: Changes are highlighted in bold.
35
EXHIBIT 5
FULL -SIZE PLANS
(for Commission only)
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