HomeMy WebLinkAboutCastleton Residence (PA2003-028)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
April 3, 2003
TO: PLANNING COMMISSION
FROM: James Campbell, Senior Planner
(949) 644 -3210, jcampbell@city.newport- beach.ca.us
SUBJECT: Appeal of the decision of the Modifications Committee's approval of
Modification Permit No. 2003 -012 (PA2003 -028).
APPLICANT NAME: Peter & Theresa Castleton
ISSUE:
Should the Planning Commission grant an appeal of the decision of the Modifications
Committee's approval of Modification Permit No. 2003 -012?
Staff recommends that the Planning Commission uphold and affirm the decision of the
Modifications Committee.
DISCUSSION:
Background:
On February 26, 2003, the subject Modification Permit was approved by the
Modifications Committee. The applicant requested to construct a 6 -foot high privacy wall
and a 4 -foot high planter to encroach within the required 10 -foot front yard setback.
Structures within a required front yard setback are limited to 3 feet in height by the
Zoning Code. The Committee acted to modify the applicant's request by reducing the
encroachment by 2 feet and allowing the height of the wall to be 7 feet and limiting the
height of the planter to 3 feet (Exhibit No. 1).
The applicant requests that the Planning Commission overturn the decision of the
Modification Committee (Exhibit No. 2). However, the applicant's revised drawing
submitted in conjunction with the appeal has increased the depth of the patio by 2 feet.
Castleton Residence: Appeal
April 3, 2003
Page 2
The purpose of the project is to provide a larger and private patio off the master
bedroom. Currently there exists a 3 -foot, 6 inch deep patio, which is not as useful as the
applicant would like. The applicant recently changed out the sliding glass door for
French doors and the swing of the doors reduces the patio space. By increasing the
depth of the patio within the front yard setback, the applicant seeks to improve the
usefulness and enjoyment of the space.
Castleton Residence: Appeal
April 3, 2003
Page 3
Analysis:
During the review of the application, it was discovered that the front property line was
incorrectly drawn by the applicant's architect. The original plans showed the front
property line at the back of the existing sidewalk, where the property line is actually 2
feet, 6 inches behind the back of the sidewalk. The applicant's revised drawing correctly
shows the location of the property line. The applicant believes that this discrepancy
caused the application to be mishandled.
The Modifications Committee pointed out that the public notice for the request indicated
the specific dimensions of the encroachments based upon the incorrect location of the
front property line and that the public notice was therefore flawed. The Committee would
have continued the item to allow for a corrected notice to be made, but the applicant
wanted to proceed forward without delay.
The Committee acted to reduce the encroachment of the privacy wall by 2 feet based
upon the proximity and height of the wall to the sidewalk as opposed to its location
related to the property line. Additionally, the Committee reduced the height of the
planter walls in front of the wall by a foot to 3 feet to assist in minimizing a negative
mass relationship between the residence and the sidewalk given that the Committee
permitted a 7 -foot high wall just 8 feet, 6 inches feet from the sidewalk. The resulting
depth of the patio as approved was increased by 7 feet making the total depth 10 feet, 6
inches. Staff felt that this depth was sufficient to meet the applicant's objective of a
useful patio without unduly impacting the street.
The applicant's revised request increases the total depth of the patio by 2 feet making
the 7 -foot high wall 6 feet, 6 inches from the sidewalk and 4 feet from the front property
line. As noted previously, the Modification Committee reduced the original request due
to a concern of the proximity of the encroachments to the sidewalk, and therefore, staff
does not support the applicant's suggested changes. Additionally, permitting the
encroachments will be viewed as a precedent by other property owners and developers,
and if similar future requests are granted, a cumulative impact to the aesthetics of the
street could develop.
Environmental Review:
The project qualifies for a Categorical Exemption from the requirements of the California
Environmental Quality Act under Class 3 (New Construction or Conversion of Small
Structures). This exemption permits the construction of limited new structures in areas
that are not considered environmentally sensitive.
Castleton Residence: Appeal
April 3, 2003
Page 4
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
100 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.
Alternatives:
In addition to the recommendation to uphold the decision of the Modification Committee,
the Commission has several options. First, the decision of the Modifications Committee
can be modified to permit the redesigned encroachments suggested by the applicant.
Second, the Commission can approve a further and as yet unidentified design or third,
the Commission can refer this item back to the Modifications Committee for review.
Staff does not recommend the third alternative in that it will only delay the applicant as
the previous decision was based upon the physical relationship of the proposed
encroachments to the sidewalk and the applicant's redesign does not meet the
Committee's expectations.
Prepared by:
James W. Campbell
Senior Planner
Attachments:
Submitted by:
PJ-AA-
Patricia L. Temple
Planning Director
1. Approval Letter for Modification Permit No. 2003 -012.
2. Appeal submitted by the applicant.
3. Original Plans submitted by the applicant.
4. Revised plans submitted by the applicant (separate blueprint)
Attachment No. 1
Approval Letter for Modification
Permit No. 2003 -012.
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February 26, 2003
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644.3229
Zachary Sham
2600 Newport Blvd., Ste. 154
Newport Beach, CA 92663
Application No:
Applicant:
Address of
Property Involved:
Legal Description:
MODIFICATION PERMrr NO. MD2003 -012
(PA2003 -028)
Staff Person: Javier S. Garcia, 644 -3206
Appeal Period: 14 days after approval date
Modification Permit No. MD2003 -012
(PA2003 -028)
Zachary Sham
1112 Dolphin Terrace
Lot 13, Tract 5130
Request as Modified and Approved:
Request is approved to allow the construction of a 7 -foot high privacy wall (up to 20 linear feet)
adjacent to the master bedroom and bathroom that encroaches a maximum of 4 feet into the
required 10 -foot front yard setback. It should be noted that the site plan information, submitted
with the application incorrectly, showed the property line in the wrong location. The request as
approved moved the fence 2 feet back from the original location as presented. All other planter
walls are limited to a maximum height of 3 feet. The wall, as modified, is also allowed to encroach
into the easterly side yard setback up to the property line. I
Original Request:
Request to allow the construction of 14 linear feet of 4-foot high planter wall and 16 linear feet of
6-foot high block wall that will encroach 4-feet 6- inches and 3-feet, respectively, into the required
10 foot front yard setback The property is located in the R -1 District.
The Modifications Committee, on February 26. 2003, voted 3 ayes and 0 noes to approve the
application request as modified based on the following findings and subject to the following
conditions.
I
February 26, 2003
Page - 2
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:
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 structure is accessory to the primary use.
2. This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 3 (New
Construction or Conversion of Small Structures).
3. The modification to the Zoning Code as proposed 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 proposed wall is a minor encroachment into the front setback.
• The proposed wall will laterally encroach across less than half the width of the lot.
4. The modification to the Zoning Code, as proposed, 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 wall is 3 feet shorter than the existing wall.
• The proposed wall will not interfere with sight distance from any street or
driveway.
5. The proposed wall will not affect the flow of air or light to adjoining residential
properties because:
• It is located at the street side of the lot.
• There is at least 8 feet between residential structures.
• The approved encroachment is less than a third of the width of the lot.
6. The proposed wall 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.
b
February 26, 2003
Page - 3
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. The wall shall encroach no farther than 4 feet into the required 10 -foot front yard setback.
The height of the wall shall be no higher than 7 feet, measured from the existing natural
grade directly below, and limited to a maximum width of 20 linear feet.
4. The wall may be constructed within the easterly side yard setback, up to the side property
line. Any other portion of wall located within the side yard setback shall not exceed 6 feet
in height.
Lower walls and planter walls located within the 10 -foot front yard setback are limited to
a maximum height of 36 inches.
Landscaping shall be planted in front of the 7 -foot wall. Prior to issuance of the building
permits for the wall construction, a landscape plan shall be included with the drawings
submitted for construction. The landscape plan shall show proposed plantings to be
located within and in front of the proposed wall. Such planting shall include at least two
vertical plant elements to soften the view of the wall from the public street.
A revised plan showing the correct property line and right -of -way data shall be given to
the Planning Department for inclusion in the Modification Permit file.
Anything not specifically approved by this Modification Permit is not permitted and must
be addressed in a separate and subsequent Modification Permit review.
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.
10. 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.
11. A building permit shall be obtained prior to commencement of the construction.
12. All work performed within the public right of way shall be reviewed and approved by the
Public Works Department under an encroachment permit/agreement if required.
W
February 26, 2003
Page - 4
13. 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 $875.00 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 1. Garcia, AIC , Senior Planner
Chairperson
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Attachments: Vicinity Map cc: property owner
Peter and Theresa Castleton
1112 Dolphin Terrace
Corona del Mar, CA 92625
Appeared
in Opposition: None
Appeared
in Support: None
Attachment No. 2
Appeal submitted by
the applicant.
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CITY OF NEWPORT BEACH
APPLICATION TO APPEAL DECISION OF THE MODIFICATIONS COMMITTEE
Application No. Modification # MD2003 -012 (PA2003 -028)
Name of Appellant Theresa Castlet:on
or person filing: Phone:
Address: 1112 Dolphin Terrace, Corona Del Mar, CA
714/928 -0636
Date of Modifications Committee decision: Feb. 26 2003
Regarding application of: Zachary. Sham for Mr. and Mrs. Castleton for
:Description of application filed with Modifications Committee)
Request
to
allow
the construction
of 14 linear feet of -4 foot high planter
wall and
16
linear
feet of 6 foot
high block wall that will encroach 4 feet 6 inches and 3 feet, respectively
into the required 10 fool; front yard setback. The property is R -1 district:
Reasons for Appeal:
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Case Appeal filed and Administrative Fee received: . kt ej
Hearing Date. An appeal shall be scheduled for a hearing before the Planning Commission within thirty ;30)
eays of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date
.:BMC Sec. 20.95.050)
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APPEALS. Municipal Code Sec. 20.95.0408
Appeal Fee: $875 pursuant to resolution adopted by City Council Resolution No. 2002 -69.
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Attachment No. 3
Original Plans submitted
by the applicant.
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Attachment No. 4
Revised plans submitted by the
applicant (separate blueprint)