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30900 Rancho Viejo Road, Suite 285 • San Juan Capistrano, CA 92675 • (949) 581-2888 • Fax (949) 581-3599
April 9, 2019
Mr. Jim Campbell
Deputy Community Development Director
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Variance Application, 24 Harbor Island
Dear Mr. Campbell:
On behalf of SoCal Land Co., LLC, the applicant and owner of the residence under construction
at 24 Harbor Island (Project), CAA Planning, Inc. (CAA) submits the enclosed Variance
application for a portion of a proposed fence within the easterly side yard of the residence. The
fence ranges from 3.5 feet to 6 feet high, which exceeds the 3.5-foot height limit and encroaches
into the setback because of an historic, unimproved access easement. In addition to the variance,
this application includes a request for a Coastal Development Permit (CDP) as required by the
City’s Local Coastal Program (LCP).
Background
The Residence is located in the Harbor Island subdivision in Newport Bay, more specifically Lots
24 and 25 of Tract 802. The property is held as a single parcel and building site per the covenant
and agreement with the City of Newport Beach (City) recorded on January 17, 1977. On
September 13, 2017, the California Coastal Commission granted the applicant a CDP for the
construction of a new two-story 12,427-square-foot single-family residence, 29 feet high, with a
basement and a 3-car garage, and including grading, hardscape and landscaping. The CDP was
granted by the Coastal Commission because the project included repair and maintenance to the
seawall, which is located within State Tidelands.
On November 22, 2017 the City of Newport Beach issued Building Permit X2017-3743 to the
applicant for the construction of the aforementioned improvements. The project is now under
construction and approaching completion, which is expected to be sometime in the summer of
2020. The CDP for the house reconstruction does not contain any conditions related to the side
yard wall, and the proposed project would not conflict with any conditions contained in the CDP.
Variance
Project Description
The applicant proposes to construct a screen wall that is approximately 141 feet long on the side
yard of the residence. The screen wall was originally permitted at 3.5 feet high. The applicant now
proposes that the initial portion of the wall in the front yard be 3.5 high. Starting 10 feet from the
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CAA PLANNING
Mr. Jim Campbell
April 9, 2019
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street, the wall would be 6 feet high with a side yard gate. The 6-foot wall would follow the side
of the residence and would be approximately 114 feet long. The remaining 22-foot-long area of
the wall in the rear yard will remain 3.5 feet per the approved plan. Exhibit 1 depicts the portions
of the wall that would be 3.5 feet and 6 feet. Exhibit 2 depicts the location of the property line and
the 11.5-foot setback relative to the side yard wall.
The Zoning Code allows walls and fences up to 6 feet high within the side yards of residences
located within the R-1 District (Table 21.30-1, Section 21.30.040). Within the City’s R1 Zoning,
the typical setback is 4 feet for the side yard. However, in certain areas of the City, setback maps
have been adopted that identify different setback dimensions, and the applicant’s property is
subject to such a map. Setback Map S-8 was created for Harbor Island for this purpose and
identifies a 19-foot setback for the side yard property lines between Lots 7 and 8 and an 11.5-foot
setback between Lots 24 and 26. This was done to accommodate a contemplated private roadway
and bridge between Lots 7 and 8, and a walkway easement centered over the property lines of Lots
24 and 26. However, the City has advised CAA that, when the current Zoning Code was updated
in 2010, the side yard setback between Lots 24 and 26 was inadvertently labeled as being 19 feet,
when it should have been 11.5 feet. The prior setback map depicting the 11.5-foot setback is
attached.
The setback was created nearly 100 years ago in the 1920s to allow for a private walkway
easement. A private walkway was never improved, and the Harbor Island Community Association
has previously indicated that they have no intention of improving the private walkway easement.
There is no public access in this location, nor is the location identified within the City’s LCP for
new or expanded public access. It is unfortunate that the City’s setback map was not amended
during the City’s Zoning Code Update several years ago to reflect the obsolete easement and the
intent of the Community Association.
Side yard setbacks identified on a setback map must be considered as front setbacks for the purpose
of regulating accessory structures, and the maximum wall height within a front setback is 3.5 feet.
The applicant proposes to construct an approximately 141-foot-long screen wall 3.5 feet to 6 feet
high into the 11.5-foot setback. Approximately 124 feet of the wall will be 6 feet high will
encroach from 2.5 feet to 11.5 feet into the 11.5-foot setback as shown on Exhibit 2. Therefore, a
Variance will be required for the approval of the encroachment of a 6-foot wall.
Deviations are allowed through the Zoning Code with the processing of a Variance (Section
20.52.090). The City’s Zoning Code states:
A variance provides a process for City consideration of requests to waive or modify certain
standards of this Zoning Code when, because of special circumstances applicable to the
property, including location, shape, size, surroundings, topography, or other physical
features, the strict application of the development standards otherwise applicable to the
property denies the property owner privileges enjoyed by other property owners in the
vicinity and in the same zoning district. (Section 20.52.090)
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Mr. Jim Campbell
April 9, 2019
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Justification
• The 6-foot wall will provide privacy for the applicant’s side yard from the neighboring
residence at 26 Harbor Island. The existing residence at 26 Harbor Island has a 5-foot
encroachment of the first floor, a 7-foot encroachment of the second floor, and a 1.5-foot
roof overhang beyond the second-floor building wall into the required 11.5-foot side yard
setback, as shown on Photo 1.
• The 6-foot wall will reduce ambient noise within the applicant’s side yard at street level
from the neighboring residence at 26 Harbor Island.
• The 6-foot wall will provide reciprocal privacy and noise benefits to the neighboring
residence at 26 Harbor Island.
• The 6-foot wall will provide the applicant with privacy and noise benefits from motorists
using the setback area for turn around purposes. A 44-foot stretch of the setback will remain
open so that motorists can continue to use this area for turn around purposes. Turn around
locations are of primary concern to the residents as evidenced by the public comments the
Planning Commission received at the public hearing for the variance for 7 Harbor Island
(VA2014-004) where the access has been blocked, as shown on Photo 2.
• The 6-foot wall will allow the applicant to more fully enjoy the use of his property, because
the setback area was never improved with a private walkway and the Community
Association has no intention of improving the walkway. The setback is no longer necessary
as evidenced by the existing encroachments for 26 Harbor Island and as supported in a
letter from the Harbor Island Community Association in relation to the variance for
7 Harbor Island (VA2014-004). In that proceeding, the Community Association declared
that the larger easement between Lots 24 and 26 (11.5 feet) as well Lots 7 and 8 (19 feet),
was planned to allow for a bridge and pedestrian pier, an idea that has been declared largely
obsolete. Because the easement is no longer necessary, the applicant should be afforded
the ability to construct a 6-foot wall as was approved for his westerly side yard. It should
be noted that the residences at 7 and 8 Harbor Island both physically encroach into the
setback, and also have privacy gates with landscaping across the easement as evidenced by
Photo 3.
• The City issued a variance for Lot 7 to allow for the house to encroach up to 12.9 feet into
the 19-foot setback. For 24 Harbor Island, the only issue in question is whether the side
yard wall can be 6 feet high compared to the 3.5 feet allowed. Where a 3.5-foot wall is
allowed per a typical front yard, a 6-foot fence should be allowed to provide the same level
of security allowed on the westerly portion of the site, and by the surrounding lots.
• Of the 30 residences on Harbor Island, the four lots mentioned above are the only lots with
dual front yard setbacks. The applicant of Lot 24 as well as the owners of Lots 7, 8, and 26
are the only residents on Harbor Island who do not enjoy the full use of their property.
Where the other three residences encroach into the setback, the applicant is only requesting
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Mr. Jim Campbell
April 9, 2019
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encroachment of the 6-foot side yard wall along the vehicle turn around and side yard,
compared to a 3.5-foot side wall.
Coastal Development Permit
City of Newport Beach Local Coastal Program
The City’s Local Coastal Program/Coastal Land Use Plan (LUP) and Implementation Plan (IP)
provide the basis for determining Coastal Act consistency with public access and public recreation
policies. As stated in Section 21.16.020 of the IP, “No new development (i.e., use of land,
demolition, alteration, construction, expansion, reconstruction or replacement of structures) shall
be allowed unless the development complies with this Implementation Plan and the requirements
of this chapter.” The existing residential structure is consistent with the land use designations in
the City’s General Plan, Zoning Code and LUP, and the construction of accessory structures is a
permitted activity, consistent with development of a single-family residence.
Public Access (Chapter 21.30A) – The existing residence is located within the R-1 (Single-Unit
Residential) Coastal Zoning District, surrounded with residential development. There is no direct
public access to the waterfront via the subject property or the immediately adjac ent private
residential lots. The increased wall height does not alter, impede or eliminate public access,
because none exists on the project site.
Recreation (Chapter 21.30A) – The project site is located in a residential area where no public
access to the waterfront is available from the subject property or the immediately adjacent private
residences. The increased wall height does not alter, impede or eliminate public access to the
recreation opportunities at the marina.
Scenic and Visual Quality (Section 21.30.100) – No scenic or visual impacts are associated with
the increased wall height. As evidenced by in Photos 4 through 6 included herein, many of the
residences in Harbor Island enjoy the privacy afforded by screen walls. Also, the wall is well below
the residence roofline, and views from adjacent residences are not impacted as the residence is the
dominant feature when looking towards the bay.
Cultural Resources Protection (Section 21.30.105) – The increased wall height would not
destroy or disturb cultural resources.
Habitat Protection (Chapter 21.30B) – The site was previously graded and developed within an
existing residential area. No environmentally sensitive habitat area (ESHA), wetlands or coastal
dunes would be impacted by the increased wall height.
Water Quality (Chapter 21.35) – The IP requirement for the preparation of a Water Quality and
Hydrology Plan/Water Quality Management Plan is not applicable. All construction best practices
will be adhered to during construction of the wall.
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Mr. Jim Campbell
April 9, 2019
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LCP Consistency Conclusion – The increased wall height will not in result in impacts related to
Coastal Act policies or City LCP regulated policies in the areas of public access, recreation, visual
quality, cultural resources, habitat protection, or water quality protection. The project is consistent
with the Coastal Act and the City’s LCP development standards.
Required Actions
We believe that the Planning Commission can make the findings to approve the following:
1. Approve the Coastal Development Permit for the Variance for the setback encroachment.
Findings in support of the variance are attached. If you have questions or concerns, please do not
hesitate to contact me or Paul Shaver at (949) 581-2888.
Sincerely,
CAA PLANNING, INC.
Shawna L. Schaffner
Chief Executive Officer
Attachments: Exhibits 1 and 2
Photos 1-6
Findings of Fact
cc: Mr. Blake Quinn
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Photo 1
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Photo 2
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Photo 3
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Photo 4
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Photo 6
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