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Home My WebLink About13 - Modification Permit No. 2004-07CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 March 9, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Rosalinh Ung, Associate Planner (949) 644 -3208, rung @city.newport - beach. ca. us SUBJECT: Call for review of Modification Permit No. 2004 -007 (PA2004 -019) 1807 Port Tiffin Place APPLICANT: Paul C. Westhead ISSUE: Should the City Council uphold a decision of the Modifications Committee to approve Modification Permit No. 2004 -007? The permit authorizes the retention of a 10 -foot 3 -inch tall gazebo structure and an 8 -foot tall freestanding fireplace that encroaches 7 feet and 9 feet, respectively, into the required 10 -foot rear yard setback. The permit also includes an 8 -foot tall trellis structure that encroaches 4 feet into the required 5 -foot side yard setback. RECOMMENDATION: Staff recommends that the City Council conduct a public hearing and uphold and affirm the decision of the Modification Committee to approve Modification Permit No. 2004 -007. DISCUSSION: On February 18, 2004, the Modifications Committee voted 3 ayes and 0 noes to approve the applicant's request. The property is located in the PC (Harbor View Hills Planned Community) District. The Modifications Committee determined that the proposal would not be detrimental to persons, property or improvements in the neighborhood and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. The structures are accessory to the primary use of the subject property, which is a single - family residence • and the structures are comparable to those seen on neighboring properties. MD2004 -019 March 9, 2004 Page 2 of 4 • IB12 rte: f. Iowa I 112 ,.. � REDS SFA : c a -; :.;:: ,'��" •','ii"t+C,':ai�;� • '�� u1s PC 1421 t:__, 1794 I \ 112 0 � . 6 IWI y mN- .1616 Wy tai / 1 W7 �\ 'DO ��c I� \ � \ 1924 1w R { Fah 1 J ` 1W. tW + f ! 1612 is" qO 1411 - 1627 FD ` ., 1616 °< 1931 I W7 1194 X 11„ 1730" Modification Permit No. 2004 -007 (PA2004 -019) 1807 Port Tiffin Place Current Development: Single-Family Residence To the north: Sinqle-Family Residence To the east: Single-Family Residence To the south: Single-Family Residence To the west: I Sinqle-Family Residence • MD2004 -019 March 9, 2004 Page 3 of 4 The 8 -foot high trellis structure within the required 5 -foot side yard setback is no higher than the property line fences that are permitted to be 8 feet high within the rear and side yard setbacks. The 10 -foot 3 -inch tall gazebo structure is located at the rear side of the lot, similar in construction to the trellis, and will not affect the flow of air or light to adjoining residential properties since it is open and only 12 feet, 6 inches wide. Additionally, the gazebo only exceeds the height of the property line fence by 2 feet, 3 inches. The fireplace will not have a flue since it burns gas. There will be no smoke nuisance to property owners at the rear of the subject property. The height is less than the adjacent property line fence. It has been conditioned to comply with all of the Building Department requirements. Attached to this report is the Modification Permit approval letter that includes findings and conditions of approval. The Planning Department did not receive any letters from the adjoining residents regarding the applicant's proposal. In conclusion, the Modifications Committee felt that the requested encroachments, given the physical nature of the structures and their location, would not be detrimental to neighboring properties. Environmental Review: This project has been reviewed, and it has been determined that it is categorically exempt under 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. Alternatives: The Council has the following additional options: The Council can approve a revised project by altering the design or by changing, adding or removing conditions of approval. 0 2. The Council can reverse the decision of the Modifications Committee and deny the applicant's request. Prepared by: R salinh M. Un ssociate Planner Attachments: MD2004 -019 March 9, 2004 Page 4 of 4 Submitted by: aL .(4 �2 11117 Patricia L. Temple, Pila(hnin'i5 Director A. Modification Permit Approval Letter B. Project Plans • 0 0 P ATTACHMENT A MODIFICATION PERMIT APPROVAL LETTER CITY OF NEWPORT BEACH In PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644.3200; FAX (949) 644 -3229 February 18, 2004 Paul C. Westhead 1807 Port Tiffin Place Newport Beach, CA 92660 MODIFICATION PERMIT NO. MD2004 -007 (PA2004 -019) Staff Person: Javier S. Garcia, 644 -3206 Appeal Period: 14 days after approval date Application No: Modification Permit No. MD2004 -007 (PA2004 -019) Applicant: Paul C. Westhead Address of Property Involved: 1807 Port Tiffin Place Legal Description: Lot 42, Tract Approved as Requested: Request to allow the retention of a 10 -foot 3 -inch tall gazebo structure and an 8 -foot tall freestanding fireplace that encroach 7 feet and 9 feet, respectively, into the required 10- foot rear yard setback. Also included in the application is a request to allow the retention of an (approximately) 8 -foot tall trellis structure that encroaches 4 feet into the required 5- foot side yard setback. The property is located in the PC (Harbor View Hills Planned Community) District. On Februa�18, 20042004, 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. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood. The modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code based on the following findings: FINDINGS: 0 1. The Land Use Element of the General Plan designates the site for "Single- • Family Detached" residential use and the existing residential structure is consistent with this designation. The structures are accessory to the primary use. k9 February 18, 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 modification to the Zoning Code as proposed would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 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 8 -foot high trellis structure within the required 5 -foot side yard setback is consistent with the planned community text for this district which allows walls and fences to be 8 feet high within the rear and side yard setbacks. • The 10 -foot 3 -inch tall gazebo structure is similar in construction to the trellis, and its highest point is approximately 6 feet from the rear property line. • The fireplace will not have a flue so there will be no smoke nuisance to property owners at the rear of the subject property. 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: • These accessory structures are comparable to those seen on neighboring properties. • The features are minor in nature. 5. The proposed accessory structures will not affect the flow of air or light to adjoining residential properties because: • They are open in nature. • They are located at the rear side of the lot. • There is at least 10 feet between residential structures. 6. The proposed accessory structures 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. All the structures shall be included on the same plan, whether or not each structure requires a building permit. n n February 18, 2004 Page - 3 3. A survey shall be done to locate the property lines and said survey shall be included with the plans submitted for building permits to the Building Department. 4. The structures shall comply with Building Codes for siting and for appliance requirements. 5. The fireplace shall be a minimum of 2 feet from property line or farther if required by the Building Department. 6. The gazebo shall be located at least 3 feet from the rear property line. 7. Anything not specifically approved by this Modification Permit is prohibited and must be addressed in a separate and subsequent Modification Permit review. 8. 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. 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 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 P. Garci AICP, Senior Planner Chairperson JSG:mem F:\USERS\PLN \Shared\PA's \PAs - 2004 \PA2004- 019\MD2004 -007 appr.doc Attachments: Vicinity Map Appeared in Opposition: None Appeared in Support: None M • 11 15 FF VICINITY MAP 1740 1794 Is" Is: 117 11x91 9 1806 . 1923 18x9 iai2 1795 in! 1301 isia I e I 1, .., 11124 1830 F 1749 1900 14517 17" J 1805 823 C, lez? o. 1350 1789 2001 isle 1835 1824 e41 1795 f lee? 17645 807 1815 10 1a 30 1911 1936 B2 7 'C� 1542 leis IE33 17119 -9 :807 yeti !18 =0 1824 1839 .6 1930 1412 1036 lei" ini laZ7 isle 1-42 .... 1307 0 1833 1821 1813 WS 1761 1830 ICE4 175 1730 1821 1236 Harbor 1827 IM 1242 1749 1724 1 % 73 " I I \ *3 . I . . IB33 . - , I., . ., . 194 - 8 3 19 74 1 1718 1 la]q 778 1737 XUD 1714 154- 797 % 2-108 38.1 1934 1710 Modification Permit No. MD2004-007 PA2004-019 1807 Port Tiffin Place I 0 • • r 3� fR�M 77 y nnf•_ 9 '. Lit '1 10:� lb y 3y n 'r1 770' 7dv 311 TV DN rig w b v J �•W *I FRONT ELEVATION I SIDE ELEVATION �a- 0 0 C� — t`— R'a' S V'-V 4%6 MA 9A TAP. � LL rel== • " 20 �vCLEAR SPACM M RR - -- EM PLAM TAN L 4X S4NP® C ALL M. N - -� -BOIM WECI1LYFi All. C[7Rh8?5 6X6 FL LL DNBSQN POST - Drf -7-&- 0, /� A'frn/� ►'I N , A". 1 IH Au o M 9D C i Ai h Rns Wnf NOD ' cma WK IL CPC � CY PRJV Mm AT A CA61 IAaD IHTY ccl4n C 1 cam Bldi 9AY AAL n APPR cum NOT ALL M RE C ILL U h AT c 94 C D I FC 0 0 0 o� I 67. 6X6 POST / W /CB44 AT BASE i (� U SO. x PI PAD FOOTING l TYP. OF 4 l� Ili j III 'l �li Ali 4X4 BNt TYP. OF 5 m�l� m gill I ao xI. 0 • � Y•I r 1 I L —�TYR LI t It u 1A Office of the City Clerk CITY HALL 3300 Newport Blvd. Newport Beach, CA 92663 -3884 PUBLI E4i1aiG D�IVTaErWy ®■ x Newport Hills Community Assn. c/o Villageway Management Co. ATTN: Lisa Terry 1 Corporate Park Drive, #200 .r,✓i ..,. CA 927:£ Office of the City Clerk CITY HALL 3300 Newport Blvd. Newport Beach, CA 92663 -3884 458- 434 -01 Walter L & Linda Schindler 610 Newport Center Dr 830 Newport Beach Ca 92660 -8042 IMPORTANT PUBLIC: HEARING NOTICE r7 7 11 PROPOSED ADDED CONDITIONS FOR 1807 PORT TIFFIN PLACE (Call for Review - MD2004 -007) 1. Prior to the issuance of building permits for the fireplace and trellis, the property owner shall obtain written approval from the easement's holder(s) for the proposed improvements located within the easement area. 2. The proposed fireplace shall be restricted to gas burning only. NOTICE OF PUBLIC HEARING Modification Permit No. MD2004 -007 (PA2004 -019) NOTICE IS HEREBY GIVEN that the City Council of Newport Beach will hold a public hearing on the application of Paul C. Westhead for Modification Permit No. 2004 -007, on property located at 1807 Port Tiffin Place. The property is located in the PC (Harbor View Hills Planned Community) District. The property owner is requesting an approval for the retention of a 10 -foot 3 -inch tall gazebo structure and an 8 -foot tall freestanding fireplace that encroach 7 feet and 9 feet, respectively, into the required 10 -foot rear yard setback. Also included in the application is a request to allow the retention of an (approximately) 8 -foot tall trellis structure that encroaches 4 feet into the required 5 -foot side yard setback. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on March 9. 2004, at the hour of 7:00 p.m. in the City Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. LaVonne M. Harkless, City Clerk City of Newport Beach ILD @09 s ,-gSLq .. s;agej ssaippV ... @.'1U3AV G 458- 433 -14 458- 433 -15 Hossein & Simin Mo11di Richard T Phillips Tr Morris-Flanagan Tr rris -Flana an g 1315 Port Tiffin PI ,� 18_1 Port Tiffin PI 1833 Port Tiffin PI Newport Beach Ca 92660 Newport Beach Ca 92660 -7122 Newport Beach Ca 92660 -7122 458- 433 -16 458- 433 -17 458- 433 -18 William C & Bonnie Bousema Paul C & Kia Westhead Maybert A Davis 1815 Port Tiffin PI t 1807 Port Tiffin PI 1801 Port Tiffin PI Newport Beach Ca 92660 -7122 Newport Beach Ca 92_660--"' Newport Beach Ca 92660 -7122 458- 434 -01 458- 434 -02 458- 434 -03 Walter L & Linda Schindler Gordon S Vanderslice Evan C Henry 610 Newport Center Dr 830 1806 Port Tiffin PI 1812 Port Tiffin PI Newport Beach Ca 92660 -8042 Newport Beach Ca 92660-71 11 Newport Beach Ca 92660 -7121 458- 434 -04 458- 434 -05 458 - 434 -06 Duane D & Mary Hastings Charles J & Patricia Liberto Allen Chashion 1818 Port Tiffin PI PO Box 7737 1830 Port Tiffin Newport Beach Ca 92660 -7121 Long Beach Ca 90807 -0 ° >' Newport Beach Ca 92660 -7121 458- 434 -07 458- 434 -14 458- 434 -15 Michael C & Sarah Larsen Brian G Derevere John Fanner 1836 Port Tiffin Cir 1845 Port Renwick PI 1839 Port Renwick PI Newport Beach Ca 92660 -7121 Newport Beach Ca 92660 -56= Newport Beach Ca 92660 -6604 458- 434 -16 458- 434 -17 458- 434 -18 Edgar Frenkiel Lloyd & Jami Rucker Kirby & Tamra Greenlee 1833 Port Renwick 1827 Port Renwick PI 1821 Port Renwick PI Newport Beach Ca 92660 -6604 Newport Beach Ca 92660 =360._ Newport Beach Ca 92660 -6604 458- 434 -19 458 -434 -20 458- 434 -21 Ken P Carroll Raymond T Dapp David E & Leigh Donaldson 1815 Port Renwick PI 1807 Port Renwick PI 1801 Port Renwick PI Newport Beach Ca 92660 -6604 Newport Beach Ca 92660 -6604 Newport Beach Ca 92660 -6604 Newport Hills Community Assn cio Villageway Management Co. Marcus Nicholsen ATTN: Lisa Terry 1800 Port Stanhope Placc 1 Corporate Park Drive, +200 Newport Beach, CA 92660 Irvine. CA 92716 PA2004 -019 for MD2004 -007 C �, 1807 Port Tiffin Place 3 5 DATE OF MEETING - Fcra y 8. 2004 @09T5 jasvj sjaq2j sseJPPV (DA�33AW G January 29, 2004 Advanced Listing Services Ownership Listings & Radius Maps 300' Ownership Listing F0 2593 •Cara. a::, . 92624 Prepared for: ._ -- Office: 1949) 361 -3921 • Cell: (9491310-6,969 • Fax: )949) 361 -3923 v .Advancedl-isUng.com 458 - 433 -17 W esth ea d 1807 Port Tiffin PI t Newport Beach Ca 92660 -7122 458 - 142 -10 458- 142 -11 458- 142 -12 Mark E Engstrom David J & Jana Ewles John P & Stacy Wilkirson 1795 Port Stanhope Ci R 1789 Port Stanhope Ci R 1758 Port Stanhope Cir Newport Beach Ca 92660 -7103 Newport Beach Ca 92660 -710- Newport Beach Ca 92660 -7103 458 - 142 -13 458 - 142 -14 458 - 142 -15 Dennis P & Heather Gaughan Violet T Mcnaughton Thomas W & Michelle Rhodes 1794 Port Stanhope 23772 Rockfield Blvd 1789 Port Tiffin Cir Newport Beach Ca 92660 -7103 Lake Forest Ca 92630 -284'. Newport Beach Ca 92660 -7100 458- 142 -17 458-142-23, 24, 25, 26, 27, IS 45,5- 431 -01 Tr Dimacale Newport Hills Community Assn Kleine 1794 Port Tiffin Cir PO Box 4708 1761 Part Hemley Cir Newport Beach Ca 92660 -7100 Irvine Ca 92616 -4708 Newport Beach Ca 92660 -7115 458- 432 -02 458- 432 -10 458- 432 -11 John T & Mary Vanian Mark S Annerl Richard Sungaila 1724 Newport Hills Dr W Newport Beach Ca 92660 -7128 2022 Orchard Dr 1827 Port Stanhope PI Newport Beach Ca 9660 -0 ? ^_ Newport Beach Ca 92660 -7120 458- 432 -12 John J & Tracy Mc Carthy 458- 432 -13 458- 432 -14 1821 Port Stanhope PI Marcia E Harry 1815 Port Stanhope PI Scott T Mccarter Newport Beach Ca 92660 -7120 Newport Beach Ca 9660 -7120 1807 Port Stanhope PI Newport Beach Ca 92660 -7120 458- 432 -15 Stephen P Bonn 458 - 433 -01 458- 433 -OZ 1801 Port Stanhope P1 Betty C Gambrell Robert M & Dianne Attyah Newport Beach Ca 92660-7120 1800 Port Stanhope PI Newport Beach Ca 92660 1806 Port Stanhope PI -'!;n Newport Beach Ca 92660 -7119 458 - 433 -03 458- 433 -04 458- 433 -05 Theodor & Gail Russo - Larsson Randall K Aase Douglas M Ford ] 3 12 Port Stanhope Pi 1818 Port Stanhope PI 182:1 Port Stanhope PI Newport Beach Ca 92660 -7119 Newport Beach Ca 93660 -7119 Newport Beach Ca 92660 -7119 458- 433 -06 458- 433 -07 453- 433 -12 .Anne M Stachel- Garkani Devco Homes Llc 830 Po Steve J & Shelley Ridge Stanhope P] 19 Corporate Plaza Dr 200 IS' 9 Port Tiffin PI Newport Beach Ca 92660 -7119 Newport Beach Ca 92660 -7904 N, ,vport Beach Ca 92660 -712 'NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of Newport Beach will hold a public hearing on the application of Paul C. Westhead for Modification Permit No. 2004 -007, on property located at 1807 Port Tiffin Place. The property is located in the PC (Harbor View Hills Planned Community) District. The property owner is requesting an approval for the retention of a 10 -foot 3 -inch tall gazebo structure and an 8 -foot tall freestanding fireplace that encroach 7 feet and 9 feet, respectively, into the required 10 -foot rear yard setback. Also included in the application is a request to allow the retention of an (approximately) 8 -foot tall trellis structure that encroaches 4 feet into the required 5 -foot side yard setback. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on March 9. 2004, at the hour of 7:00 p.m. in the City Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARLN NOTICE IS HEREBY GIVEN that the City Council of Newport Beach will hold a public hearing on the application of Paul C. Westhead for Modification Permit No. 2004 -007, on property located at 1807 Port Tiffin Place. The property is located in the PC (Harbor View Hills Planned Community) District. The property owner is requesting an approval for the retention of a 10 -foot 3 -inch tall gazebo structure and an 8 -foot tall freestanding fireplace that encroach 7 feet and 9 feet, respectively, into the required 10 -foot rear yard setback. Also included in the application is a request to allow the retention of an (approximately) 8 -foot tall trellis structure that encroaches 4 feet into the required 5 -foot side yard setback. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on March 9. 2004, at the hour of 7:00 p.m. in the City Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. LaVonne M. Harkless, City Clerk City of Newport Beach Message Harkless, LaVonne From: Ung, Rosalinh Sent: Thursday, March 04, 2004 12:22 PM To: Harkless, LaVonne COUNCIL AGE D Page 1 of N0. � 3 - 3 0� Subject: FW: Re, Modification Permit No. 2004 -007 for property at 1807 Port Tiffin LaVonne, Please forward this email to the City Council. Thank you. Rosalinh - - - -- Original Message---- - From: Richard Sungaila [mailto:sungaila @earthlink.net] Sent: Thursday, March 04, 2004 11:29 AM To: J. Garcia Subject: Re; Modification Permit No. 2004 -007 for property at 1807 Port Tiffin I will not be able to attend the Hearing on March 9, 2004 regarding Modification Permit No 2004 -007, but I wanted to forward my comments prior to the meeting. 10 -foot 3 -inch gazebo and 8 -foot free standing fireplace If these items were installed in my neighbor's yard they would present an encroachment adversely affecting the quiet enjoyment of my property. The combustion byproducts of the fireplace, e.g. smoke, soot, and hot ash, could drift over while I was enjoying my pool and spa, or just sitting on my patio. The raised gazebo could easily provide an uninvited view of entertaining friends on the patio, or simply lying on the chaise lounge to get some sun. Another issue relates to utilities easements. Our subdivision has underground utilities, e.g. Edison power, SBC telephone, Cox cable, which are buried near the rear property line. The subject structures may be in violation of easement provisions and at the very least could hamper repairs and modifications to these underground utilities. Trellis structure There are safety and esthetic issues related to the trellis structure. It could restrict the access of firemen or other public safety officials in a disaster. It could also restrict the access of utility providers in maintaining and modifying their cabling. Yesterday I took a ride by the subject property. Just looking at it from the street, it appears to be about a four foot extension above the height of the existing fence. Since most fences are six feet high, this would make it about ten feet high. This is out of character with our subdivision, and indeed with the open feeling of the properties in Newport Beach. It is also high enough so that when the trellis fills out with plant material, it would block the sun and could affect the gardening efforts of the surrounding neighbors. For these reasons, I am NOT in favor of this Modification Permit. Thank you providing this vehicle for comments on items such as this. Richard Sungaila 1827 Port Stanhope Place Newport Beach, Ca 92660 03/04/2004 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: February 28, 2004 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 28, 2004 at Costa Mesa, California. Signature i N07KE OF FVB1K NEWTS Mt marfite It"t No. M02004 -001 p11200"l i NOTICE IS HEREBY GIVEN that the City Council Newport Beach will hold a public hearing on the application of Paul C. Westhead for Modification Permit No 2004 -007, on property located at 1807 Port Tiffin Place, The Prop- erty is located in the PC (Harbor view Hills Planned Community) District. The property owner is requesting an approval for the retention of a 10 -foot 3 inch tall gazebo structure and an 8 -foot tall freestanding fireplace that encroach 7 feet and 9 feet, respectively, into the required 10 foot rear yard setback. Also included in the applica- tion is a request to allow the retention of an (approximately) 8 -foot tall trellis structure that encroaches 4 feet into the required 5 -foot side yard setback. This project has been review, and it has been determined that it is categorically exempt under the requirements of the California Envi- ronmental Quality Act under Class 11 (Accessory Structures). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on March 9, 2004, at the hour of 7:00 p.m. in the Council Chambers of the New - port Beach City Hall, 3300 Newport Boule- vard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written corre- spondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. /s /EaVorree M. Horkless City Clerk, City of Newport Beach See File (94) For Engineer's Plans Modification Permit No. 2004 -007 1807 Port Tiffin Place