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HomeMy WebLinkAbout07_944 Via Lido Nord House Demolition Coastal Development Permit_PA2018-279wpo" m CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT a = August 15 2019 °q<,FoaN" Agenda Item No. 7 SUBJECT: 944 Via Lido Nord House Demolition (PA2018-279) • Coastal Development Permit No. CD2018-111 SITE LOCATION: 944 Via Lido Nord APPLICANT: W.T. Durant, Inc. OWNER: The 944 Via Lido Nord Trust PLANNER: Joselyn Perez, Planning Technician 949-644-3312, jperez@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • General Plan: Single -Unit Residential Detached (RS-D) • Zoning District : Single -Unit Residential (R-1) • Coastal Land Use Category: Single -Unit Residential Detached — (10.0-19.9 DU/AC) (RSD-C) • Coastal Zoning District: Single -Unit Residential (R-1) A request for a coastal development permit (CDP) to allow the demolition of an existing 4,939-square-foot single-family residence and the improvement of a private lawn area for the same property owner located at 940 Via Lido Nord. The new improvements consist of the installation of approximately 4,027 square feet of new landscaped and hardscaped areas. The existing property line walls, the existing cantilevered patio, the existing dock, and the existing bulkhead will not be demolished and will be left in their current locations. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. — approving Coastal Development Permit No. CD2018-111 (Attachment No. ZA 1). 1 944 Via Lido Nord House Demolition (PA2018-279) Zoning Administrator, August 15, 2019 Page 2 DISCUSSION Land Use and Development Standards The subject property is located in the R-1 Coastal Zoning District, which provides for single -unit residential development and is consistent with the City's Coastal Land Use Plan, General Plan, and Zoning Code. Because the property is located in the Coastal Commission Appeal Area, a coastal development permit is required and a De Minimis Waiver cannot be issued. The project is not eligible for a Categorical Exclusion from the need to obtain a coastal development permit due to its location on the waterfront. • The subject property is currently developed with a single-family home on an existing lot designated for residential development by the Local Coastal Program. The project applicant requests to demolish the existing 4,939-square-foot single- family dwelling. • Demolition activities will take approximately 10 days and the installation of landscape will commence within 14 days of completion of demolition activities. After the demolition of the existing dwelling, the site will be landscaped for private enjoyment. The existing property line walls, the existing cantilevered patio, the existing dock, and the existing bulkhead will not be demolished. • The front yard area and the eastern side yard area will be planted with shrubs. The majority of the lot will be planted with dymondia. A concrete walk will be installed along the northerly edge of the property and the existing northerly property line wall will be reduced to a height of 2 feet above existing grade. A new 6-foot-high fence will be installed along the front yard setback with shrubbery along the fence. • Per Section 21.30.085 of the Local Coastal Program, landscaping has been conditioned to have low-water demand and be drought -tolerant. No invasive species are proposed as part of the landscaping plan. Subsequent construction of a replacement dwelling will require a separate coastal development permit at a later date. Water Quality • A Construction Pollution Prevention Plan was provided to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and TmpIC 01/12/18 944 Via Lido Nord House Demolition (PA2018-279) Zoning Administrator, August 15, 2019 Page 3 sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. The property is located within 100 feet of coastal waters. As conditioned, the project design will address water quality through the preparation of a final construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off on -site. Any water not retained on -site shall be directed to the City's storm drain system. Public Access The project site is located on Lido Isle between the nearest public road and the sea or shoreline; however, the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project's impact and be proportional to the impact. In this case, the project demolishes an existing single-family dwelling and installs landscape and hardscape. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. The residential lot does not currently provide nor does it inhibit public coastal access. Development will occur within the confines of private property and existing coastal access conditions will not be affected. Coastal access is currently provided and will continue to be provided by small public beach areas on Lido Isle with access from the water. The project site is not located adjacent to a coastal view road nor is it located near any public viewpoint as identified in the Coastal Land Use Plan. Furthermore, an investigation of the project site and surrounding area did not identify any other public view opportunities. The project site may be located within the viewshed of distant public viewing areas; however, the project will replace an existing single-family residence with a new, open, landscaped area. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Class 1 includes the demolition and removal of small Tmpm 01/12/18 3 944 Via Lido Nord House Demolition (PA2018-279) Zoning Administrator, August 15, 2019 Page 4 structures including one single-family residence. The proposed project includes the demolition of an existing single-family residence in the R-1 Coastal Zoning District. PUBLIC NOTICE Notice of this public hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: This action shall become final and effective 14 days following the date the Resolution is adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 (Local Coastal Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City's certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: kww&aa� Jos I n Pere Planning Technician RUfjp Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans Tmpm 01/12/18 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2019-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-111 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND INSTALL LANDSCAPING LOCATED AT 944 VIA LIDO NORD (PA2018-279) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by W.T. Durant, Inc., with respect to property located at 944 Via Lido Nord, and legally described as Lot 324 of Track 907, requesting approval of a coastal development permit. 2. The applicant proposes the demolition of an existing 4,939-square-foot single-family residence and the improvement of a private lawn area for the same property owner located at 940 Via Lido Nord. The new improvements consist of the installation of approximately 4,027 square feet of new, open, landscaped and hardscaped areas which will be used by the owner for personal recreation and enjoyment. The existing property line walls, the existing cantilevered patio, the existing dock, and the existing bulkhead will not be demolished and will be left in their current locations. 3. The subject property is located within the Single -Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS-D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached — (10.0-19.9 DU/AC) (RSD-C) and the Coastal Zoning District is Single -Unit Residential (R-1). 5. A public hearing was held on August 15, 2019 in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This Project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The exceptions to these categorical exemptions under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a N Zoning Administrator Resolution No. ZA2019-### Paqe 2 of 7 significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 3. Class 1 includes the demolition and removal of small structures including one single- family dwelling. The proposed project includes the demolition of an existing single-family dwelling located in the R-1 Coastal Zoning District. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Coastal Development Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The subject property is currently developed with a single-family dwelling on an existing lot designated for residential development by the Local Coastal Program. The project applicant requests to demolish the existing single-family dwelling. After the demolition of the existing dwelling, the site will be landscaped for private enjoyment. Per Section 21.30.085 of the Local Coastal Program, landscaping has been conditioned to have low- water demand and be drought -tolerant. The planting of invasive species shall be prohibited. Any subsequent construction will require a separate coastal development permit at a later date. 2. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code and Building Division standards and policies. 3. A Construction Pollution Prevention Plan was provided to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. 4. The property is located within 100 feet of coastal waters. As conditioned, the project design will address water quality through the preparation of a final construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off on -site. Any water not retained on -site shall be directed to the City's storm drain system. 01-25-19 Zoning Administrator Resolution No. ZA2019-### Paqe 3 of 7 Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The project site is located on Lido Isle between the nearest public road and the sea or shoreline; however the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project's impact and be proportional to the impact. In this case, the project demolishes an existing single-family dwelling and installs open landscape. The project includes the demolition of the existing single-family dwelling and the improvement of a private lawn. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. 2. The residential lot does not currently provide nor does it inhibit public coastal access. Development will occur within the confines of private property and existing coastal access conditions will not be affected. Coastal access is currently provided and will continue to be provided by small public beach areas on Lido Isle with access from the water. 3. The project site is not located adjacent to a coastal view road nor is it located near any public viewpoint as identified in the Coastal Land Use Plan. Furthermore, an investigation of the project site and surrounding area did not identify any other public view opportunities. The project site may be located within the viewshed of distant public viewing areas; however, the project will replace an existing single-family residence with a new, open, landscaped area. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this Project exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-111 subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 01-25-19 g Zoning Administrator Resolution No. ZA2019-### Paqe 4 of 7 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City's certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF AUGUST, 2019. Rosalinh Ung, Zoning Administrator 01-25-19 9 Zoning Administrator Resolution No. ZA2019-### Paqe 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan and landscape plans stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The demolition of the existing single-family dwelling shall be in substantial conformance with the approved demolition plan stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 3. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 4. Coastal Development Permit No. CD2018-111 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. Landscaping of the site shall conform to the requirements of Section 21.30.075 (Landscaping) and Section 21.30.085 (Water Efficient Landscaping) of the Local Coastal Program Implementation Plan. Plant materials shall be selected for low-water demand and drought tolerance, and the planting of invasive species shall be prohibited. 6. Landscaping of the site shall conform to Section 14.17 (Water Efficient Landscape Ordinance) of the Newport Beach Municipal Code. 7. All landscape materials and irrigations systems shall be maintained in accordance with the approved erosion control plan. All landscaped areas shall be maintained in a healthy and growing conditions and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 8. Construction activities shall comply with Newport Beach Municipal Code (NBMC) Section 10.28.040, which restricts hours of noise -generating construction activities to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday. Noise -generating construction activities are not allowed on Saturdays, Sundays or Holidays. 9. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 10. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 01-25-19 10 Zoning Administrator Resolution No. ZA2019-### Paqe 6 of 7 11. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 12. Prior to issuance of building permits, a copy of the Resolution, including conditions of approval Exhibit "A," shall be incorporated into the Building Division and field sets of plans. 13. Prior to issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 14. Prior to issuance of a building permit, the applicant shall submit to the Planning Division an additional copy of the approved landscape plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 15. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 16. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 17. The applicant is responsible for compliance with the Migratory Bird Treaty Act. In compliance with the (MBTA), grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 01-25-19 11 Zoning Administrator Resolution No. ZA2019-### Paqe 7 of 7 18. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan (CPPP). 19. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 20. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stock piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 21. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 22. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 23. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of 944 Via Lido Nord House Demolition, but not limited to, Coastal Development Permit No. CD2018-111 (PA2018-279). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. PUBLIC WORKS 24. Existing driveway approach shall be abandoned, and a new curb and gutter shall be installed to match existing curb and gutter. 25. The existing sewer cleanout box shall be removed and covered, and the existing sewer lateral shall be capped at the property line. 01-25-19 12 Attachment No. ZA 2 Vicinity Map 13 VICINITY MAP Coastal Development Permit No. CD2018-111 PA2018-279 NZEAITIRWS1:7�[7TI :L4 Attachment No. ZA 3 Project Plans 15 SITE NOTES BLDG. INFORMATION SITE PLAN LEGEND SITE INFORMATION \ SHEETINDEX 0 i Do enmwws+u. sw I R It R II �unreu.e � w�'w mmee NCY��By�� �C .may "Y\ F .e...e� .r»�,.... --_ > •~:...,.,,.,,eE µo xooinau IhFo ria I1 It O a x... NewWB Bey DEMOLITION SITE PLAN ..a 1 i oeMos�rt✓.u. D.1 16 EROSION CONTROL o I CQSI0.UCIION fIVIRANCE e ®MP FACTS SHEETm I �-pea.w--•^m � ENLARGED CPPP AND EROSION CONTROL PLAN -•a 2 CONSTRUCTION NOTES I I � wn mivvn �I vn naxvxrv�. m.aue^wn d I Ovenoxv.rvervu.. I glO 11 r .em wwea Eemncaeeo.o:�ee >I a wx eewe I � � wL4 I rvr,n Bay d^ PROPOSED SITE PLAN ..a 1 wa0ao�.��g.yj A.1 17 m I SHEET 1 OF I ARCHITECTURAL SURVEY LEGAL DESCRIPTION: LOT 324 OF TRACT No. 909 IN MISS MAP BOOK 2B PAGES 25 TO 36 BENCH MARK: THE ELEVATION OF 11 .91 2 ON ALUMINUM DISK, COUNTY 2 O'Rw BENCHMARK NO. NO3'21.92, NAVD BB S' BOUNDARY: RECORD INFORMATION ADJUSTED TO FOUND CENTERLINE SURVEY DATE OF SURVEY: AUGUST 6, 2018 SITE ADDRESS: 944 VIA LIDO NORD, NEwvoeT BEACH ScwLE: 1 � = B' AREA: 5,600 SQUARE FEET, 0.13 ACRES PLAN PREPARED FOR: W.T. DURANT, INC. 1306 EAST 29TH STREET I, ISNAL HILL, CA 90955 LEGEND WA PLAN PREPARED BY: VONORA LAND SURVEYING 4717 WEST AVENUE M-8 QUARTZ HILL, CA 93536 I6611 839-21 BB A THOMS E. VONORA, L.S. 8761 28 G�90YZ4lYmRi�! y..r• �..aa.nw. _ bwN. ww mN a Nab nne.npl � yr.0 M N e us n aerr.Nww.�.NaNaraw_m_rw.bN �vm.r fBN.leO,4 PAN N.dw fm. Sms.�� 4a w.ros. crwN PNYNbbeAm�eNa.a"+�_ �'. w.. [.ea=IwNy. MN N.Mw 0.Yg STIu. m 1ab11n0. LnNb. 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INTAL-AION _ AZALEAS PLANTING AND CARE IN5TRUCTONS I L-5 L. 23 Zoning Administrator -August 15, 2019 Item No. 7a Additional Materials Received 944 Via Lido Nord House Demolition CDP (PA2018-279) From: Perez. loselvn To: Lee, Amanda; Garciamav, Rubv Subject: FW: Project PA2018-279 Date: Friday, August 9, 2019 7:47:08 AM Additional materials received for PA2018-279 Thank you, -----Original Message ----- From: Shana Conzelman [mailto:sconzelman&gmail.com] Sent: Tuesday, August 06, 2019 9:25 AM To: Perez, Joselyn <IPerez@newportbeachca.gov> Subject: Project PA2018-279 Dear Ms. Perez, My husband and I would like to go on record in support of the referenced project Thank you in advance for the approval of project PA2018-279 located at 944 Via Lido Nord, Newport Beach, CA 92663. Respectfully submitted, Mark and Shana Conzelman 939 Via Lido Send Newport Beach, CA 92663 Sent from my iPhone