HomeMy WebLinkAboutZotovich Fence (PA2004-183)TO:
FROM:
SUBJECT:
APPLICANT:
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 5
October 7, 2004
PLANNING COMMISSION
Gregg B. Ramirez, Associate Planner
(949) 644 -3219, aramirez(&city.newport- beach.ca.us
Appeal of Modification
Votovich Fence
4621 Perham Road
(PA 2004 -183)
Permit No. 2004 -058
Bill Casky for Steve Votovich, Owner
On August 6, 2004, the applicant submitted a Modification Permit application requesting
approval of a 5 -foot, 6 -inch wrought iron pool protection fence, with a 6 -foot gate, to
encroach 30 -feet into the required 30 -foot setback adjacent to Camden Drive, where the
Code limits the height of structures to 3 -feet. On August 25, 2004, the Modifications
Committee voted 3 -0 to approve a modified project that permits the proposed fence to
encroach 25 -feet into the 30 -foot setback.
The applicant disagreed with the Modifications Committee's action and therefore, on
September 8, 2004, the applicant filed the appeal.
DISCUSSION
The 30 -foot setback is located at the rear or viewside of the property facing Camden
Drive. The Modifications Committee determined that approving the proposed fence with
a 5 -foot setback would not be detrimental to City. The Modifications Committee found
that the open construction of the fence would not impact public views and that the fence
is required by the Building Code as "pool protection" for a proposed spa. The
Modifications Committee approval letter is included as Exhibit 1.
The lot is a double frontage lot and the 30 -foot setback area is defined as a front yard
on the Districting Map. Fences are limited to a maximum height of 3 -feet in a required
front yard. The primary purpose of this height limitation is to provide vehicle sight
distance and to preserve open space. Vehicle sight distance is not an issue in this case
Votovich Fence
October 7, 2004
Page 2
VICINITY MAP
Modification Permit No. 2004 -058
PA2004 -183
4621 Perham Road
Development:
I Single
Family
Residential
To the north:
Single
Family
Residential
To the east:
Single
Family
Residential
To the south:
Single
Family
Residential
To the west:
Single Family Residential
Votovich Fence
October 7, 2004
Page 3
as no vehicular access from Camden Drive is proposed. The area is proposed to be
altered to create a more useful outdoor living area. The intent of the 30 -foot setback is
to limit development to preserve views.
As a point of reference, the property line is located approximately 5 -feet, 6- inches from
the back of curb. Although staff does not anticipate this portion of the public right of way
being developed with anything other than landscaping, the additional 5 -foot setback
from the property line, as required by the Modifications Committee, provides an area for
a landscape buffer between the subject property and right of way.
The approval of the proposed fence within the setback may be viewed by property
owners as precedent setting resulting in similar requests in the future. Should these
requests continue to be approved, the resulting change in the street scape may alter the
character of the area and may be viewed as detrimental. However, the change in
character of this particular neighborhood is already slowly occurring with new homes
often developing portions of the slopes as usable outdoor living area rather than
keeping them predominately landscaped.
Appeal
The applicant submitted an appeal letter rebutting the findings of the Modifications
Committee (Exhibit No. 2). In this letter they simply state they wish to place the fence on
the property line.
Comments From the Public
As of the writing of this report, staff has not received any correspondence regarding the
request.
Environmental Review
The project qualifies for a Class 1 1
California Environmental Quality Act
fences and walls from CEQA review.
Public Notice
(Accessory Structures) exemption from the
which exempts accessory structures such as
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.
Votovich Fence
October 7, 2004
Page 4
Recommendation
Staff recommends that the Planning Commission deny the appeal and uphold and affirm
the decision of the Modifications Committee and approve Modification Permit No.
2003 -094.
The Planning Commission has the following additional options for the appeal:
1. Grant the appeal and approve Modification Permit No. 2004 -028 as requested by
the applicant.
2. Modify any aspect of the approved Modification Permit deemed necessary.
Prepared by:
z'-'- ZZ��
Gregg B. Kakirez, Associate P nner
Exhibits:
Submitted by:
PaAuaa L154
Patricia L. Temple, Manning Director
1. Modification Permit Letter dated August 25, 2004
2. Appeal Application
3. Project Plans
EXHIBIT NO. 1
Modification Permit Letter dated August 25, 2004
5
August 25, 2004
MODIFICATION PERMIT NO. MD2004 -058
(PA2004 -183)
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
(949) 644.3200; FAX (949) 644 -3229
Bill Caskey
630 Cameo Highlands Drive
Corona del Mar, CA 92625
Application No:
Applicant:
Address of
Property Involved:
Legal Description:
Approved as Requested:
Staff Planner: Javier S. Garcia, 644 -3206
Appeal Period: 14 days after approval date
Modification Permit No. MD2004.058
(PA2004.183)
Bill Caskey
4621 Perham Road
Lot 122, Tract 3357
To allow the installation of a pool - protection fence located within the required 30 -foot front
yard setback adjacent to Camden Drive, where the Zoning Code limits the height of
fences to a maximum of 3- feet -high. The fence as approved shall maintain a minimum
setback of 5 feet from the Camden Drive property line. The pool - protection fence is
required by the Building Code. The property is located in the R-1 -13 District.
On August 25, 2004, the Modifications Committee voted 3 ayes and 0 noes to approve
the application request based on the following findings and subject to the following
conditions.
In this case, the Modifications Committee determined that the proposal would not be
detrimental to persons, property or improvements in the neighborhood. In addition, the
approved modification would be consistent with the legislative intent of Title 20 of the
Newport Beach Municipal Code based on the following findings:
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 fencing is
accessory to the primary use.
0
August 25, 2004
Page 2
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. In addition, it is
a logical use of the property that would be precluded by strict application of the
zoning requirements for this District for the following reasons:
• The proposed fence is required by the Uniform Building Code to protect a
swimming pool /spa on the subject property.
• The proposed fencing is an encroachment into the 30 -foot setback that is
of open construction.
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 proposed protective fencing will be of visually open construction.
The proposed fencing will not impact views from any other lots.
5. The proposed fencing will not affect the flow of air or light to adjoining residential
properties because:
• The proposed fencing will be on the lower portion at the rear of the lot.
• The proposed fencing materials are visually open.
6. The proposed pool protection fencing 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. Except as noted in the following conditions, the development shall be in
substantial conformance with the approved plot plan, floor plans and elevations.
2. The pool - protection fencing shall maintain a minimum setback of 5 feet from the
property line on Camden Drive.
3. The pool - protection fencing shall be of visually open construction and shall be no
higher than 5 -feet 6- inches from natural grade. The gate shall be no higher than
6 feet from natural grade
q
August 25, 2004
Page 3
4. Anything not specifically approved by this Modification Permit is prohibited and
must be addressed in a separate and subsequent Modification Permit review.
5. 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.
6. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal
Code or other applicable section or chapter, additional street trees shall be
provided and existing street trees shall be protected in place during construction
of the subject project, unless otherwise approved by the General Services
Department and the Public Works Department through an encroachment permit
or agreement (if required).
7. A building permit shall be obtained prior to commencement of the construction.
8. 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.
9. 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 Modifications Committee decision may be appealed to the Planning Commission
within 14 days of the decision date. A filing fee of $975.00 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
Senior 9.anner JavYer S. Garcia, AICP
Modifications Committee Chairperson
JSG:mem
Attachments: Vicinity Map cc: property owner
Steve Zotovich
Appeared in 4621 Perham Drive
Opposition or Corona del Mar, CA 92625
Support: None
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EXHIBIT NO.2
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CITY OF NEWPORT BEACH
APPLICATION TO APPEAL DECISION OF THE MODIFICATIONS COMMITTEE
Application No.
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Name of Appellant <L
or person filing: I G✓�,
Address: 4
449-sn -lqs* cP
Phone: 9 `49 —7Z1 "4 3 Y{ t�
Date of Modifications Committee decision: fi 25- , 20 OLf_
Regarding application of: �S nyV -, �Jt c,I-\ for
(Description of application filed with Modifications Committee) to- Q1 � � iy)g6 )t a �l
Reasons for Appeal:
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Date
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PLANNING PIEPT. SECPtTARY or STAFF
FOR OFFICE USE ONLY
Date Appeal filed and Administrative Fee received: AM 5[jql7-e y,,�ev 0 20 OY
nla 0c
2co4,
Hearing Date. An appeal shall be scheduled for a hearing before the Planning Commission within thirty (30)
days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date
(NBMC Sec. 20.95.050)
cc: Appellant
Planning (Furnish one set of mailing labels for mailing)
File
APPEALS: Municipal Code Sec. 20.95.0406
Appeal Fee: $975.00 pursuant to City Council Resolution 2004 -060
(Deposit funds with Cashier in Account #2700 -5000)
RECEIVED Sy
p _p,NNING DEPARTMENT
CITY OF NEWPORT BEACH
Sp 0 8 2004
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