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Home My WebLink About20190307_PC Staff ReportCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 7, 2019 Agenda Item No. 3 SUBJECT: Arvielo Residence Encroachments Encroachment Permit and Waiver of City Council Policy L-6 Encroachment Permit No. N2017-0642 (PA2019-013) SITE LOCATION: 3100 Breakers Drive APPLICANT: Geoff Sumich Design OWNER: Enrico Arvielo and Patricia Arvielo, TTDRP, LLC PLANNER: David Keely, Senior Civil Engineer 949-644-3349, dkeely@newportbeachca.gov PROJECT SUMMARY A request to construct private improvements within the Ocean Boulevard/CdM Main Beach Ramp public right-of-way consisting of nine sets of permanent structural tie-backs into the slope below existing grade for the construction of a duplex. RECOMMENDATION 1) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment; 2) Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to allow the construction of nine sets of permanent below-grade structural tie-backs that encroach into the Ocean Boulevard/CdM Main Beach Ramp public right-of-way contingent upon all conditions of the Encroachment Permit process being met; and 3) Adopt Resolution No. PC2019-007 waiving City Council Policy L-6 and approving Encroachment Permit No. N2017-0642 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Arvielo Residence Encroachments (PA2019-013) Planning Commission, March 7, 2019 Page 2 VICINITY MAP SUBJECT PROPERTY 3 Arvielo Residence Encroachments (PA2019-013) Planning Commission, March 7, 2019 Page 3 INTRODUCTION The property owners (“Owners”) of 3100 Breakers Drive are redeveloping the property. The project consists of demolition of the existing three-story duplex and the construction of a new three-level, 6,150-square-foot duplex with a basement game room, carport and garage (Attachment No. PC 2). After an administrative review of the project plans, staff determined the project to be in full compliance with all regulations and issued an approval- in-concept allowing the Owners to file for a coastal development permit with the California Coastal Commission (CCC). On January 1, 2019, the CCC issued coastal development permit (CDP) 5-16-0298 for the proposed development (Attachment No. PC 3). To construct the building as designed and approved, a shoring system consisting of a shot- crete retaining wall with permanent soldier piles and structural tie-backs into the slope is necessary. The wall and piles would be on private property. The required length of the tie-backs would mostly be on private property; however, a portion would encroach into the public right-of-way below grade. City Council Policy L-6 prohibits the proposed encroachment and the Owners are requesting a waiver of the policy to specifically construct nine sets of permanent below-grade structural tie-backs under the Ocean Boulevard/CdM Main Beach Ramp public right-of-way (Attachment No. PC 4). DISCUSSION City Council Policy L-6, Encroachments in Public Rights-of-Way (“Policy”), explains and describes how the public rights-of-way are to be reserved for public use or open space; and that the rights of the public, present and future, are not to be diminished by the installation of private improvements within the public rights-of-way. The Policy specifies allowable and prohibited encroachments and describes the required permits and encroachment agreements (Attachment No. PC 5). Section A of Policy L-6 outlines private encroachment prohibitions including “…structural encroachments including, but not limited to, fences, walls, patios, raised planters, landscaping, etc., which encroach in excess of one (1)-foot into the public right-of-way or exceed three (3)-feet in height.” The Owners are requesting a waiver of this policy to allow the construction of nine sets of permanent below-grade structural tie-backs that encroach in excess of 1-foot into the slope of Ocean Boulevard/CdM Main Beach Ramp. Each set of tie-backs consists of four tie-backs aligned vertically. The proposed tie-back encroachments vary from 12 feet to 33 feet into the public right-of-way and do not project past the curb face of the CdM Main Beach Ramp. The proposed tie-backs are at a minimum depth of approximately 52 feet below the existing grade of the CdM Main Beach Ramp. At the proposed depths of the structural tie-back system, existing and future improvement, including but not limited to utilities, would not be impacted. Similar permanent structural tie-back encroachments have been approved at 3431 Ocean Boulevard (Encroachment Permit No. N2011-0190) and 3619 Ocean Boulevard (Encroachment Permit No. N2006-0300) along the Ocean Boulevard public right-of-way (Attachment No. PC 6). In both previous approvals, the encroachment did not project 4 Arvielo Residence Encroachments (PA2019-013) Planning Commission, March 7, 2019 Page 4 past the Ocean Boulevard curb face consistent with the proposed project at 3100 Breakers Drive. Based on the information provided by the applicant, the use of the permanent tie-back system will provide the following public benefit:  The retaining wall and permanent tie-back system will stabilize the coastal bluff which is subject to erosion under natural conditions;  The system will limit the disruption of the hillside preserving the bluff and avoid the disruption of the soil and vegetation on the slope because the improvements are completely below grade;  The project slope mainly consists of dirt and will be landscaped as part of the proposed project consistent with the City’s landscape requirements (e.g., drought tolerance, water efficiency, and no invasive species). The proposed landscaping will be subject to the review and approval of the Community Development and Public Works Departments and will be limited to preserve and maximize public views;  The proposed design will support the hillside and access roadway to CdM Main Beach;  The permanent structural tie-backs are well below any existing utilities within the encroachment area;  The permanent tie-backs would not impact any future improvements including utilities since they are well below the existing street grade; and  Approval would require the Owners to enter into an Encroachment Agreement and any liability associated with the proposed private improvement would be transferred to the Owners. The Public Works Director and staff have reviewed this request and support this policy waiver. In staff’s review of the existing site conditions, the proposed improvements do not hinder the use of the public right-of-way, including existing and future utilities. The proposed private improvement will not be a detriment to the health, safety and welfare of the public. Lastly, the proposed improvements will not diminish the rights of the public, present and future, at this location provided an encroachment agreement between the City and the Owners is executed. Should the Planning Commission elect to approve the waiver and allow the construction of the private improvements and appurtenances, staff recommends the requirement of an encroachment agreement consistent with Policy L-6. The encroachment agreement specifies the rights of the City and any liability associated with the proposed private 5 Arvielo Residence Encroachments (PA2019-013) Planning Commission, March 7, 2019 Page 5 improvement would be transferred to the Owners. The encroachment agreement will be recorded onto the property’s title, provides important notice for the current and future property owners, and protects the City. ENVIRONMENTAL REVIEW This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment. Class 3 exempts the construction of a duplex and multi-family residential structures totaling no more than six units and appurtenant structures. The proposed project consists of the installation of tie-backs that are appurtenant to the construction of a new duplex. The exceptions to this categorical exemption under Section 15300.2 of Title 14 of the California Code of Regulations Section 15303, Article 19 of Chapter 3 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 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. PUBLIC NOTICE The agenda item has been noticed according to the Brown Act. Additionally, notice has been provided in accordance with City Council Policy L-6 requiring a mailed notice to property owners within 300 feet of the project site and a notice posted on site at least 10 days in advance of this meeting. Prepared by: Submitted by: David Keely Senior Civil Engineer Jim Campbell Deputy Community Development Director ATTACHMENTS PC 1 Draft Resolution PC2019-007 PC 2 Project Plans PC 3 Coastal Development Permit No. 5-16-0298 6 Arvielo Residence Encroachments (PA2019-013) Planning Commission, March 7, 2019 Page 6 PC 4 Proposed Permanent Structural Tie-Back Plans PC 5 City Council Policy L-6 - Encroachments in Public Rights-of-Way PC 6 3431 Ocean Boulevard and 3619 Ocean Boulevard Encroachments and Agreements (Encroachment Permit Nos. N2011-0190 and N2006-0300) PC 7 Site Photos 7 INTENTIONALLY BLANK PAGE8 Attachment No. PC 1 Draft Resolution PC2019-007 9 INTENTIONALLY BLANK PAGE10 RESOLUTION NO. PC2019-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO. N2017-0642 FOR A REQUEST TO CONSTRUCT PERMANENT IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED AT 3100 BREAKERS DRIVE (PA2019-013) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Geoff Sumich, Geoff Sumich Design, on behalf of the property owners Enrico Arvielo and Patricia Arvielo (collectively, “Owner”), with respect to property located at 3100 Breakers Drive, Newport Beach, California requesting a waiver of City Council Policy L-6 and approval of an encroachment permit. 2. The Applicant requests to construct nine (9) sets of permanent structural tie-back improvements within the Ocean Boulevard/Corona del Mar Main Beach Ramp public right- of-way encroaching between twelve (12) feet and thirty three (33) feet into the public right- of-way and a minimum of fifty three (53) feet below the existing street grade. 3. The requested encroachments are not specifically provided within City Council Policy L-6, thus, the requested encroachments are prohibited under Section A(1) of said policy. Due to this prohibition, the requested encroachment may only be approved upon the waiver of City Council Policy and approval of the encroachment permit by Planning Commission. 4. A public meeting was held on March 7, 2019, in the City Council Chambers located 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 Planning Commission at this hearing. 5. The subject property is located within the coastal zone. The proposed project obtained and Coastal Development Permit (CDP No.5-16-0298) from the California Coastal Commission. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment. Class 3 exempts the construction of a duplex and multi-family residential structures totaling no more than six units and appurtenant structures. The proposed project consists of the installation of tie-backs that are appurtenant to the construction of a new duplex. 11 Planning Commission Resolution No. PC2018-030 Page 2 of 4 The exceptions to this categorical exemption 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 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. SECTION 3. REQUIRED FINDINGS. In accordance with City Council Policy L-6, Encroachments in the Public Rights-of-Way, the following findings and facts in support of such findings are set forth: Finding: A. The proposed permanent improvements will not be a detriment to the health, safety and welfare of the public. Facts in Support of Finding: 1. The proposed permanent private improvements do not hinder the present or future use of the public right-of-way, including utilities, and the existing utilities located within the encroachment area are mot impacted. 2. The proposed permanent private improvements do not impede coastal public access, degrade visual quality of public coastal view, or have any potential impact to sensitive habitat in the Coastal Zone for the following reasons: a. The proposed tie-backs are at a minimum depth of approximately fifty three (53) feet below the existing street grade and therefore, would not impede public vehicular or pedestrian access. b. At the proposed depths of the structural tie-back system, existing and future improvement, including but not limited to, utilities would not be impacted. The proposed permanent improvements do not impede access to public utilities. c. The proposed permanent improvements do not diminish the right of the public, present and future. Finding: B. The individual circumstances applicable to this application and the proposed encroachment are consistent with the public interest. Facts in Support of Finding: 12 Planning Commission Resolution No. PC2018-030 Page 3 of 4 1. The proposed permanent private improvements would help in supporting and stabilizing the adjacent coastal bluff. 2. The proposed permanent private improvements minimize the disruption to the hillside, preserving the coastal bluff. 3. The proposed landscape improvements within the hillside would enhance the views from the Ocean Boulevard/Corona del Mar Main Beach Ramp public right-of-way. 4. Maintains pedestrian access to the Ocean Boulevard/Corona del Mar Main Ramp sidewalk and parkway area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby waives City Council Policy L-6 and approves Encroachment Permit N2017-0642, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 7th DAY OF March, 2019. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Zak, Chairman BY:_________________________ Lee Lowery, Secretary 13 Planning Commission Resolution No. PC2018-030 Page 4 of 4 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The proposed encroachment shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The proposed encroachment is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Owner 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 Encroachment Permit and any associated Encroachment Agreements. 4. The Owner shall enter into an Encroachment Agreement within one (1) calendar year upon receipt of approval, otherwise this approval shall automatically expire. 5. The hillside behind the subject property shall be landscaped. The landscape plans shall be reviewed and approved by the Community Development and Public Works Departments and shall maintain public views from the public right-of-way. 6. The retaining wall, soldier piles and permanent structural tie-back system shall be designed to support the hillside and roadways above. 7. 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 the Encroachment Permit for the property located at 3100 Breakers Drive, Newport Beach, California, including, but not limited to, Encroachment Permit No. N2017- 0642. 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. 14 Attachment No. PC 2 Project Plans 15 INTENTIONALLY BLANK PAGE16 17 PA2019-013 Attachment No. PC 2 - Project Plans 18 PA2019-013 Attachment No. PC 2 - Project Plans 19 PA2019-013 Attachment No. PC 2 - Project Plans 20 PA2019-013 Attachment No. PC 2 - Project Plans 21 PA2019-013 Attachment No. PC 2 - Project Plans 22 PA2019-013 Attachment No. PC 2 - Project Plans 23 PA2019-013 Attachment No. PC 2 - Project Plans 24 PA2019-013 Attachment No. PC 2 - Project Plans 25 PA2019-013 Attachment No. PC 2 - Project Plans 26 PA2019-013 Attachment No. PC 2 - Project Plans Attachment No. PC 3 Coastal Development Permit No. 5-16-0298 27 INTENTIONALLY BLANK PAGE28 29 30 31 32 33 34 Attachment No. PC 4 Proposed Permanent Structural Tie-Back Plans 35 INTENTIONALLY BLANK PAGE36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Attachment No. PC 5 City Council Policy L-6 – Encroachments in Public Rights-of-Way 53 INTENTIONALLY BLANK PAGE54 55 56 57 58 59 60 61 62 63 64 65 66 Attachment No. PC 6 3431 Ocean Boulevard and 3619 Ocean Boulevard Encroachments and Agreements (Encroachment Permit Nos. N2011-0190 and N2006-0300) 67 INTENTIONALLY BLANK PAGE68 69 70 71 INTENTIONALLY BLANK PAGE 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Attachment No. PC 7 Site Photos 97 INTENTIONALLY BLANK PAGE98 ATTACHMENT PC 7 SITE PHOTOS 99 ATTACHMENT PC 7 SITE PHOTOS 100 ATTACHMENT PC 7 SITE PHOTOS 101 From:Jurjis, Seimone To:Lippman, Tiffany Cc:Keely, David Subject:FW: PA-2019-013 / 3011 Breakers Dr. Date:Wednesday, March 06, 2019 2:59:52 PM Attachments:design_limitations.pdf PA-2019-013 - 3011 Breakers Dr..doc image001.png SEIMONE JURJIS, P.E., C.B.O. Community Development Department Community Development Director sjurjis@newportbeachca.gov 949-644-3282 From: Harp, Aaron Sent: Wednesday, March 6, 2019 2:36 PM To: Summerhill, Yolanda <YSummerhill@newportbeachca.gov> Cc: Jurjis, Seimone <sjurjis@newportbeachca.gov> Subject: FW: PA-2019-013 / 3011 Breakers Dr. fyi Aaron C. Harp City Attorney City of Newport Beach 100 Civic Center Drive Newport Beach, CA, 92660 Phone: (949) 644-3131 Fax: (949) 644-3139 Email: aharp@newportbeachca.gov CONFIDENTIALITY NOTICE: The information in this e-mail message is intended for the confidential use of the addressees only. The information is subject to the attorney-client privilege and/or may be attorney work-product. Recipients should not file copies of this e-mail with publicly accessible records. If you are not an addressee or an authorized agent responsible for delivering this e-mail to a designated addressee, you have received this e-mail in error, and any further review, dissemination distribution, copying or forwarding of this e-mail Planning Commission - March 7, 2019 Item No. 3a Additional Materials Received Policy L-6 Waiver for Encroachment Permit (PA2019-013) is strictly prohibited. Moreover, such inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication. If you received this e-mail in error, please notify us immediately at (949) 644- 3131. Thank you. From: Charles Hartwell <hartwellinc@hotmail.com> Sent: Wednesday, March 6, 2019 1:58 PM To: planningcomission@newportbeachca.gov; jcambell@newportbeachca.gov; dkeeley@newportbeachca.gov; Harp, Aaron <aharp@newportbeachca.gov> Subject: FW: PA-2019-013 / 3011 Breakers Dr. Subject: PA-2019-013 / 3011 Breakers Dr. In the matter of, PA-2019-013 / 3011 Breakers Dr. See Attachment (PA-2019-013 / 3011 Breakers Dr.) In lieu that the filing party; Geoff Sumich is an unlicensed architect in the State of California. The planning commission should immediately continue this item, The City / Building department should refer this violation to the Board of Architects. The is a large complicated 4 story structure designed by Geoff Sumich listed on page A0.1. There is no partnership listed, no association with a professional architect No engineer with respect to design, and a clear violation of B&P section 5537 and 5538 (see attachment design limitation). A quick internet check shows no professional credentials, no pending application, no formed partnerships. This applicant (Geoff Sumich) may not even have legal US status. (using-E- verify) Designers & “Owner Builders” consistently skirt the law and the City does NOT file complaints. The City of Newport Beach clearly needs to address & stop this behavior. It is an insult to any legitimate Architect or Contractor. Geoff Sumich who has not taken the time to pass the State Board Exam. Is the City aiding and abetting the unlicensed practice of Architecta & Contractors? Planning Commission - March 7, 2019 Item No. 3a Additional Materials Received Policy L-6 Waiver for Encroachment Permit (PA2019-013) BUILDING DESIGN LIMITATIONS Updated 8/12/04 ARCHITECTS May design any building of any type except: z structural portion of a hospital APPLICABLE STATUTES Section 129805 of Health & Safety Code Sections 5500.1 and 6737 of Business & Professions Code CIVIL ENGINEERS May design any building of any type except: z hospitals z schools APPLICABLE STATUTES Section 129805 of Health & Safety Code Section 17302 of Education Code Sections 5537.5, 6731, and 6735 of Business & Professions Code STRUCTURAL ENGINEERS May design any building of any type: z no limitations APPLICABLE STATUTES Sections 5537.1, 6731, and 6736 of Business & Professions Code UNLICENSED PERSONS May design the following: Single-family dwellings of woodframe construction not more than two stories and basement in height. Multiple dwellings containing not more than four dwelling units of woodframe construction not more than two stories and basement in height. No more than four dwelling units per lot. Garages or other structures appurtenant to single-family dwelling, of woodframe construction not more than two stories and basement in height. Agricultural and ranch buildings of woodframe construction, unless the building official having jurisdiction deems that an undue risk to the public health, safety, or welfare is involved. Nonstructural or nonseismic storefronts, interior alterations or additions, fixtures, cabinetwork, furniture, or other appliances or equipment, including nonstructural or nonseismic work necessary to provide for their installation. May not design: Any component that changes or affects the safety of any building, including but not limited to structural or seismic components. NOTE:Building officials may require plans, computations, and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law. APPLICABLE STATUTES Sections 5537, 5538, and 6737.1 of Business & Professions Code Planning Commission - March 7, 2019 Item No. 3a Additional Materials Received Policy L-6 Waiver for Encroachment Permit (PA2019-013) PA-2019-013 / 3011 Breakers Dr. This application should be returned to Staff for incompleteness. Specifically, this is a large complicated 3 story duplex w/ basement with no professional standing. Refer to page A0.1, attachment No.2, “designer Geoff Sumich”. No association with a design professional (Architect) is noted, No partnership with an engineer, or any form of compliance with State Law. This is a clear violation of B&P section 5537 , 5538. The impunity and boldness demonstrated in this application, and lack of concern by City Officials, amounts to adding and abetting the unlicensed practice of Architecture. To often, anybody can buy a cad program, call themselves a designer, submit plans to the City for approval, and with no direct supervision, “find” an engineer to stamp the plans. If the City audited projects that have a third floor, it would be no surprise that unlicensed activity (cheating) by individuals is common. The City and its staff study in great detail code compliance of all projects, enforce compliance in the field, and has achieved State recognition for excellence. Allowing an application like this to proceed is akin to the saying of “not seeing the forest thru the trees”. Professional Contracting and Professional Architectural services have long been abused citing owner-builder status, or designer-draftsmen designations with engineer “sign-off”. Unlawful conduct hurts all that have paid the price to put in the time and passed the exams. Planning Commission - March 7, 2019 Item No. 3a Additional Materials Received Policy L-6 Waiver for Encroachment Permit (PA2019-013) March 6, 2019 In response to the letter received regarding, PA-2019-013 | 3100 Breakers Dr. I am happy to give you the following information about my self. I grew up in New Zealand and was accepted to the University of Auckland New Zealand where I was subsequently qualiﬁed for entrance into the Auckland Architecture School. I did 3 years of Architecture school before traveling around the world and settling in California to set up my design practice. Through reciprocity I have been qualiﬁed to sit my California registration exams for over 30 years (my NCARB registration number is 20264) at this point I have yet to sit my exams. I take great care to represent my self as a Designer so I do not jeopardize my ability to sit my registration exams including my web site and all public speaking (including the City of Newport public hearings where I am on tape announcing my self as a Designer). I have been incorporated as Geoff Sumich Design INC since August 16th 2005 and have as one of the ofﬁcers in my corporation Scott Rosenbaum who is a registered Architect (Registration # C32834) which means Geoff Sumich Design Inc can legally practice Architecture in the state of California. For the information of the letter writer I would like to add the following information. I was a board member to the Laguna Beach Architects Guilds for 6 years and was on the task force that helped write the Laguna Beach Residential Guidelines. I was a founding member and eventual president of the Museum of Architecture (the ﬁrst Museum of Architecture in America which provided lectures exhibits and tours throughout Southern California) I am currently a Commissioner on the City of San Juan Capistrano Design Review Board. I have won numerous architectural awards and am the only person from the Orange County design Community to be published in Architectural Digest in over 40 years (see Architectural Digest January 2010 pages 154 -159) Lastly, in response to the author of the complaint, I would like to verify that I am a US citizen and have been for over 30 years. 31511 CAMINO CAPISTRANO SUITE A SAN JUAN CAPISTRANO, CA (949)-496-8991 GEOFF SUMICH DESIGN INC. 31511 CAMINO CAPISTRANO, SUITE A, SAN JUAN CAPISTRANO, CA 92675 PA-2019-013 | 3100 Breakers Dr. Planning Commission - March 7, 2019 Item No. 3b Additional Materials Received Policy L-6 Waiver for Encroachment Permit (PA2019-013) If you have any questions about my company please feel free to contact my attorney who incorporated my company and signed Scott Rosenbaum as an ofﬁcer to my company . His name is Dan Reising and he can be contacted by phone at   (949) 496 8101 or by email at Lawgroup92675@yahoo.com)   Sincerely yours, Designer Geoff Sumich Architect Scott Rosenbaum    Planning Commission - March 7, 2019 Item No. 3b Additional Materials Received Policy L-6 Waiver for Encroachment Permit (PA2019-013) Planning Commission March 7, 2019 •Encroachment Permit and Waiver of City Council Policy L-6 Planning Commission - March 7, 2019 Item No. 3c Additional Materials Presented At Meeting Policy L-6 Waiver For Encroachment Permit (PA2019-013) Proposed Encroachments: Nine (9) sets of structural tie-backs ▪Each set contains four (4) tie- backs ▪Entirely below grade ▪Encroaching between 12 and 33 feet into right-of-way ▪Minimum depth of 52 feet below grade at curb face ▪Tie-backs do not project beyond the curb face March 7, 2019 Public Works Department SUBJECT PROPERTY Planning Commission - March 7, 2019 Item No. 3c Additional Materials Presented At Meeting Policy L-6 Waiver For Encroachment Permit (PA2019-013) October 18, 2018 Public Works Department Planning Commission - March 7, 2019 Item No. 3c Additional Materials Presented At Meeting Policy L-6 Waiver For Encroachment Permit (PA2019-013) October 18, 2018 Public Works Department Planning Commission - March 7, 2019 Item No. 3c Additional Materials Presented At Meeting Policy L-6 Waiver For Encroachment Permit (PA2019-013) October 18, 2018 Public Works Department Planning Commission - March 7, 2019 Item No. 3c Additional Materials Presented At Meeting Policy L-6 Waiver For Encroachment Permit (PA2019-013) October 18, 2018 Public Works Department Planning Commission - March 7, 2019 Item No. 3c Additional Materials Presented At Meeting Policy L-6 Waiver For Encroachment Permit (PA2019-013) Questions? Planning Commission - March 7, 2019 Item No. 3c Additional Materials Presented At Meeting Policy L-6 Waiver For Encroachment Permit (PA2019-013)