HomeMy WebLinkAboutItem 1 - Appeal of Harbor Resources Decision - Cantilevered Deck at 1114 E. Balboa BlvdCITY OF
m NEWPORT BEACH
C9C /Fp0.N`P Harbor Commission Staff Report Agenda Item No. 1
September 11, 2013
TO: HARBOR COMMISSION
FROM: Public Works Department
Shannon Levin, Harbor Resources Supervisor
949 - 644 -3041, shannon @newportbeachca.gov
TITLE: Appeal of Harbor Resources Decision- Cantilevered Deck at 1114 E.
Balboa Blvd
ABSTRACT:
Harbor Resources has received an application for a 14' deck extension at 1114 E.
Balboa Blvd. The Newport Beach Municipal Code (NBMC) limits bayward projections of
patio decks to 5'; therefore, Harbor Resources staff has denied the application. The
applicant has filed an appeal to be heard by the Harbor Commission.
RECOMMENDATION:
1. Uphold the denial of the application of the bayward cantilevered deck projection;
2. Approve the 14' deck extension as proposed; or
3. Approve the 14' deck extension with special conditions.
FUNDING REQUIREMENTS:
No funding requirements.
DISCUSSION:
An application has been submitted to Harbor Resources for the review of a proposed
cantilevered deck at 1114 E. Balboa Blvd (Attachment A, Vicinity Map).
The existing configuration of structures at the subject property includes a wooden pier
platform and dock system, 7' cantilevered deck, and 7'6" bayward steps to the shoreline
(Attachment B, Existing Conditions). The subject property is unique in that the property
lines extend into the water approximately 60', therefore, the water area within the
property lines is considered private waterway (Attachment C, Property View). The
physical bulkhead is approximately 4' bayward of the existing residence.
Appeal of Harbor Resources Decision- Cantilevered Deck at 1114 E. Balboa Blvd
September 11, 2013
Page 2
For reference the neighboring properties (1112, 1118, and 1120 E. Balboa Blvd.) extend
further bayward than the subject property, however, these structures are not
cantilevered but extend to the physical bulkheads.
The proposed project (Attachment D, Proposed Configuration) would eliminate the
25'x7' steps to the sand and incorporate an additional 7'6" onto the existing 7', pile
supported cantilevered deck. The proposed deck extension has the same dimensions
as the existing deck and steps.
NBMC Section 17.35.020(C) allows for patio decks to extend over waters that are not
considered City Tidelands. In this case the area under consideration is outside of City
Tidelands. NBMC Section 17.35.020(C)(1) conditions extensions to a maximum of five
feet beyond the bulkhead line. In this instance the physical bulkhead, is the point of
reference, NBMC 17.35.020(8)(3). The applicant requests to cantilever a total of 14'6"
beyond the physical bulkhead or 9'6" beyond the allowable cantilever limit.
Additionally NBMC Section 17.35.020(C)(2) requires 5' setbacks from the prolongation
of the property lines. The proposed configuration extends along the frontage to the
property line of 1112 E. Balboa Blvd creating a zero lot line.
The applicant met with staff to discuss the project and the inconsistencies with the
NBMC. Staff may issue an Approval in Concept when a design fits within the conditions
of the NBMC, Council Policy H -1, etc., however this project is outside of the scope of
the NBMC. The applicant has requested an appeal to the Harbor Commission to review
the proposal and to make a decision per NBMC 17.65.010.
Harbor Commission may affirm, modify, or reverse the decision made by staff:
4. Uphold the denial of the application of the bayward cantilevered deck projection;
5. Approve the 14' deck extension as proposed; or
6. Approve the 14' deck extension with special conditions.
Decisions of the Harbor Commission may be appealed to the City Council by a member
of the City Council, and appeals shall be initiated in writing within fourteen (14) days of
the decision per NBMC Section 17.65.
ENVIRONMENTAL REVIEW:
The Harbor Commission's approval of this item is categorically exempt from CEQA
under section 15302, Class 2, Replacement or Reconstruction: "Class 2 consists of
replacement or reconstruction of existing structures and facilities where the new
structure will be located on the same site as the structure replaced and will have
substantially the same purpose and capacity as the structure replaced."
Appeal of Harbor Resources Decision- Cantilevered Deck at 1114 E. Balboa Blvd
September 11, 2013
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the Harbor Commission considers the item).
Submitted by:
Shahnowtevin
Attachment:
A. Vicinity Map
B. Existing Conditions
C. Property View
D. Proposed Configuration
l
Vicinity Map- 1114 E. Balboa Blvd
ATTACHMENT A
Existing Conditions
ATTACHMENT B
Property View
ATTACHMENT C
Proposed Layout
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