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HomeMy WebLinkAboutPA2021-130_20210630_ Incomplete Letter 6-30-21I:\Users\PLN\Shared\PA's\PAs - 2021\PA2021-130\PA2021-130 Incomplete Letter 6-30-21.docx Tmplt. 02/09/11 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 Fax: 949-644-3229 www.newportbeachca.gov NOTICE OF INCOMPLETE FILING June 30, 2021 Brandon Architects, Inc. Attn: Ryan McDaniel 151 Kalmus Dr Costa Mesa, CA 92626 Application No. • CDP No. CD2021-025 • Variance No. VA2021-002 (PA2021-130) Address 3625 Ocean Boulevard Please be advised that after reviewing the subject application, your submittal has been deemed incomplete and further information is required before we are able to proceed with the application process. The following documentation is required to complete the application: 1. Justification for Variance a. Findings: Provide a response for each required finding for Variance and CDP application (see attached). b. Height Variance: A variance is requested for the building height to be limited to 3 feet above mean curb height of Ocean Blvd. Is a variance also requested to exceed the maximum 24-foot height limit for flat roof? This should be explicitly requested, as it is a separate request from the 3-foot curb height height variance. i. Provide justification for this height variance. See required findings (attached). What is unique about this lot that is not found in lots in the surrounding vicinity? Would the granting of this height variance be a special privilege that adjacent lots do not have? Would it be detrimental to public / private views? View simulations would be helpful from different angles on Ocean Boulevard. c. Exceeding Curb Height Variance: Please respond to the following comments: i. “Similar encroachment has been granted to adjacent bluff properties.” Please provide specific examples with addresses. How do these lots relate to the subject property? Similar topography? What are the sizes of the structures on these examples? Need a detailed comparison. «HearingDATE» I:\Users\PLN\Shared\PA's\PAs - 2021\PA2021-130\PA2021-130 Incomplete Letter 6-30-21.docx Page 2 ii. Per property being “uniquely situated at transition of the bluff area which has a severe drop off in natural grade”… “compliance with a sloped grade plane per current Zoning requirements infeasible”. Provide more specifics. Why is it infeasible? Is it impossible to design a structure that complies, or reach a desired floor area? What size house can be constructed if complying with Code? How does the severe drop specifically affect ability to comply? iii. “The existing garage elevation cannot be lowered further based on maximum driveway slopes”. If the garage was relocated to comply with the front setback, what would the driveway slope be? All alternatives need to be considered for the variance request. Provide details, exhibits, etc. which would help demonstrate why alternative, complying designs are not feasible. It is important to understand the relationship between the garage location and the driveway slope. iv. “The proposed building design deconstructs the existing box-like structure”. The front of the building viewed from the Southeast Elevation (Sheet A-4.0) has 2.5 stories of a box-like structure. Please see attached design criteria for long, unarticulated exterior walls. Can articulation be provided here to reduce the visual mass? v. “avoid 3-story vertical elements”: There are instances where there is visual 3-story bulk from neighbor view. Please see attached plancheck comments from Planning. vi. “Structure has been designed to fall below 29 feet above the existing natural grade”. Explain and demonstrate why the design must include flat roofs instead of pitched. If pitched and maximum 29 feet, structure height would comply with Code. Are pitched roofs infeasible? d. Encroachment in front setback variance: Please respond to the following comments: i. “Similar encroachment has been granted to adjacent bluff properties”. Similar to comment c.i. above, please provide detailed comparison of these lots. ii. “Should the garage elevation move toward the ocean, it would be substantially higher than the existing natural grade”. An exhibit will be helpful to demonstrate that relocating the garage back is not feasible. e. Two-car garage variance: Please respond to the following comments: i. “A 3-car garage would require additional square footage at the highest floor elevation”. There is a foyer, elevator, stairs, and open to below atrium located on the garage level floor plan. The proposed 2-car garage is 22’-6” wide (clear space), where a 3-car garage is required to be 28’-3” wide. Is the remaining 5’-9” clear space for 3rd space not feasible? «HearingDATE» I:\Users\PLN\Shared\PA's\PAs - 2021\PA2021-130\PA2021-130 Incomplete Letter 6-30-21.docx Page 3 ii. Any exhibits that demonstrate how alternative, compliant designs are not feasible will be helpful. 2. Planning Plan Check Corrections: See attached comments and complete all required revisions. Pick up red-lined set at the Public Counter. 3. Public Works Comments: See attached review sheet and pick up red-lined set at the Public Counter. 4. Department Comments: See attached Building and Fire Division comments. 5. Additional Documents Required: See attached supplemental checklist and provide all applicable documents: a. Coastal Hazards Report b. Geotechnical Report c. Water Quality Management Plan / Water Quality Hydrology Plan d. Refer to list attached for all other requirements Upon verification of completion, the application will be processed and scheduled for a Zoning Administrator Hearing. Should you have any questions regarding submittal requirements, please contact David Lee, Associate Planner at 949-644-3225 or dlee@newportbeachca.gov. By: David Lee, Associate Planner Attachments: Planning Corrections PW, Building, Fire Comments CDP Supplemental Checklist Variance Findings (Title 20) Variance Findings (Title 21) c: Ron and Marsha Beard 3208 Ocean Blvd Newport Beach, CA 92625 Brandon Architects, Inc. 151 Kalmus Dr Costa Mesa, CA 92626 Residential Zoning Corrections Community Development Department Planning Division 100 Civic Center Drive; P.O. Box 1768 Newport Beach, CA 92658 949-644-3200 www.newportbeachca.gov Plan Check No.: PA2021-130 Address: 3625 Ocean Blvd. Date: June 29, 2021 Corrections Required Contact Information “1” (First Review): 1 “2” (Second Review): “3” (Third Review): If you have questions regarding your plan check, please contact: Plan Checker: David Lee Email/Phone: dlee@newportbeachca.gov - 949-644-3225 Please contact me to discuss corrections prior to resubmitting. GENERAL INFORMATION 1. Zone: R-1 Setback Map No: S-10B PC Text: 2. Proposal: New Addition Alteration Other 3. No. of Units Allowed: 1 No. of Units Proposed: 1 4. Demo Proposed Yes No If Yes, number of units to be demolished 1 COASTAL COMMISSION REVIEW 5. Coastal Zone: Yes Exclusion Zone No 6. Exempt because: 7. Categorical Exclusion No.: Effective Date: 8. Waiver No: Effective Date: 9. AIC No: Coastal Development Permit No: Effective Date: 10. 1 Coastal Approval Letter (all pages) to be scanned into plans. 11. Comments: DISCRETIONARY ACTION 12. Application required: Reason: 13. Previous Discretionary Approvals: 1. Application Type No. For: 2. Application Type No. For: 3. Application Type No. For: 4. Application Type No. For: 5. Application Type No. For: 14. Please make an appt with: Phone: Email: 15. Scan approval letter / resolution (including conditions) into plan sets. Copy attached 16. HOLD ON FINAL. The following items must be completed before the building permits are finaled: 17. Comments: Residential Zoning Corrections (Cont’d) Updated: 04/06/2021 I:\Users\PLN\Shared\PA's\PAs - 2021\PA2021-130\PA2021-130 Plancheck Corrections 6-30-21.docx (pw_CDD) Page 2 of 10 Residential Zoning Corrections (Cont’d) Updated: 04/06/2021 I:\Users\PLN\Shared\PA's\PAs - 2021\PA2021-130\PA2021-130 Plancheck Corrections 6-30-21.docx (pw_CDD) Page 3 of 10 REQUIRED FEES 18. Fairshare Fee Contribution: 19. San Joaquin Hills Transportation Corridor Fee: 20. Other: NONCONFORMING STATUS 21. Nonconforming due to . Maximum percent addition of the existing floor area of the structure within a 10-year period, per Section 20.38 (Nonconforming Uses and Structures) of the Zoning Code. LOT OR PARCEL STATUS 22. Legal Description: Lot: Block: Section: Tract: 23. 1 Easement(s) on-site: Yes No Verify with Public Works 24. No person shall develop any structure including, but not limited to, a principal or accessory structure across a lot line per Section 19.04.035 (Development Across Property Lines) of the Subdivision Code. Please apply for a Parcel Map, Lot Merger, Lot Line Adjustment, or Certificate of Compliance to address underlying legal lot lines. 25. 1 Comments: Show easement on Site Plan SETBACKS 26. Setback Regulations (20.30.110) *Setbacks are measured from property line to finished surface, unless otherwise specified. Front: 10 Left Side: 4 Right Side: 4 Rear: 10 Other: 27. 1 Third Floor Step-backs (20.48.180A.2.c.) (Applicable to single- and two-unit dwellings in the R-1, R-2, R-BI, and RM zoning districts ) Front: Left Side: Right Side: Rear: N/A: • Enclosed floor area and covered decks located on the third floor shall be stepped back a minimum of 15 feet from the front and rear setback lines. • For lots 30 feet in width or greater, a minimum step back of 2 feet from each side setback line shall also be required, including bay windows. 28. On residential lots wider than thirty (30) feet, if the primary entrance to a dwelling faces a side setback area the entry door shall be set back a minimum of five feet from the side property line and a three-foot-wide unobstructed walkway shall be provided up to a minimum height of eight feet between the primary entrance and the public street or alley. 29. A minimum thirty-six (36) inch wide passageway shall be maintained within at least one side setback area adjacent to the principal structure. The passageway shall be free of any encroachments or obstructions from ground level to a height of eight feet, including mechanical equipment, and other items attached to, or detached from, the principal structure. 30. 1 Comments: 1. For any areas where 3-story mass is visual, provide additional 2-foot stepback from side setback line. Please contact me with any questions. FLOOR AREA/SITE AREA LIMITATIONS 31. 1 Lot Size: 8,039 square feet Lot Dimensions: See attached subdivision map with dimensions 32. 1 Buildable Area: lot area minus required setback areas = Verify Residential Zoning Corrections (Cont’d) Updated: 04/06/2021 I:\Users\PLN\Shared\PA's\PAs - 2021\PA2021-130\PA2021-130 Plancheck Corrections 6-30-21.docx (pw_CDD) Page 4 of 10 33. 1 Floor Area Limitation: x buildable area + (200 Square Feet for R-BI only) = maximum square footage • Calculation includes exterior walls, stairway(s) on first level of occurrence, enclosed spaces (finished or unfinished) with a ceiling height of 6 feet or greater, daylighting basements, and enclosed parking (including subterranean) • Calculation does not include subterranean basements. • Covered patios must be open on one side on 1st floor and open on at least two sides above first floor, otherwise area shall be included as floor area. • Required openings for covered patios may include required safety railings and minimal structural supports. Railings shall be constructed of transparent material or opaque material that is at least 40% open. 34. Proposed Floor Area: 5,935 square feet 35. Site (Lot) Coverage Limitation: percent of total lot area • Calculation includes the percentage of a site covered by structures, including eaves and overhangs, and accessory structures and by decks more than 30 inches in height. 36. Proposed Lot Coverage: square feet or percent of total lot area 37. Provide a floor area calculations exhibit (to scale) verifying proposed square footage (show dimensions & calculations). 38. 1 Comments: Per City Records, Site Area is 8,039 sq. ft. Also, rear property line is inconsistently shown on provided plans. Please verify lot area and property lines and revise. For 38 - 41, applicable to all single- and two-unit dwellings in the R-1, R-2, and R-BI zoning districts, except: lots 25 feet wide or less in R-2 39. Third Floor Area Limitation (20.48.180.A.2.a) 15% of the total buildable area for lots wider than 30 feet: Maximum: 0.15 x buildable area = Proposed: 20% of the total buildable area for lots 30 feet wide or less: Maximum: 0.20 x buildable area = Proposed: • 40. Comments: 41. Combined Third Floor Area and Covered Deck Limitation (20.48.180.A.2.b) 50% of the total buildable area: Maximum: 0.5 x buildable area = Proposed: 42. Comments: For 42-43, applicable to all single- and two-unit dwellings in the R-1, R-2, R-BI, and RM zoning districts, except: lots 25 feet wide or less in R-2 43. 1 Open Volume Area Required (20.48.180.A.3) 15% of the buildable area of the lot in addition to the required setback areas Required: 0.15 x buildable area: ? square feet Proposed: square feet • Open volume must be located within the buildable envelope (within the setback; under 24 FEET) • Open Volume must have a minimum dimension of 5 feet in depth from the setback line on which it is located • Open volume must be open on a minimum of one side and have minimum clear vertical dimension of 7.5 feet 44. 1 Comments: Provide open space information on Title Sheet. PLOT PLAN/SITE PLAN/FLOOR PLANS Residential Zoning Corrections (Cont’d) Updated: 04/06/2021 I:\Users\PLN\Shared\PA's\PAs - 2021\PA2021-130\PA2021-130 Plancheck Corrections 6-30-21.docx (pw_CDD) Page 5 of 10 45. 1 Provide fully dimensioned Site Plan and Floor Plans. See all red marks 46. Show the location of all buildings on-site and dimension distance to property lines. 47. Dimension the distance from face of curb to front property line (verify with Public Works). 48. Indicate the second and third floor footprints (if applicable). 49. Dimension all projections (e.g., fireplaces, bay windows, eaves), label distance(s) to property lines. 50. Provide separate existing and proposed floor plans fully dimensioned showing all room uses for all buildings on- site. Existing floor plans shall illustrate walls to be demolished 51. Plot property lines on site plan and all floor plans with setbacks dimensioned. 52. Indicate the location of easement(s) plotted on site plan. 53. 1 Comments: 1. On Lower level floor plan, is there a deck area? Show and label on plan. 2. For mech. / storage below garage, label height of ceiling on Upper Level Floor Plan. 3. Sheet EX-1: Proposed structure massing should include chimney? Account for all parts of structure that are visible. 4. Sheet EX-2: Provide legend for pink and blue. OFF-STREET PARKING (20.40) Single-Unit Dwellings – Attached 2 per unit in a garage Single-Unit Dwellings – Detached and less than 4,000 sq. ft. of gross floor area* 2 per unit in a garage Single-Unit Dwellings – Detached and 4,000 sq. ft. or greater of gross floor area* 3 per unit in a garage Single-Unit Dwellings – Balboa Island 2 per unit in a garage Two-Unit Dwellings 2 per unit; 1 in a garage and 1 covered or in a garage Other: *Gross Floor Area in this case shall include the square footage of basements, but shall not include the square footage of garages. Minimum Interior Dimensions The minimum interior dimensions for parking spaces in residential zoning districts shall be as provided below (unless otherwise stated in a Planned Community). The Director may approve a reduced width for duplex units when two separate single car garages are proposed side by side and the applicant has proposed the maximum width possible. Lot Width Single Car/Tandem* Two Car Three Car 30 feet or less 9’-3” x 19’ (35’)* 17’-6” x 19’ - 30.1 - 39.99 feet 10’ x 19’ (35’)* 18’-6” x 19’ 26’-9” x 19’ 40 feet or more 10’ x 20’ 20’ x 20’ 28’-3” x 20’ * The minimum depth for a 2-car tandem space is 35 feet 54. Gross Floor Area for purposes of calculating the number of parking spaces: Gross Floor Area (don't include garage) + Basement = 5413 55. Number of Parking Spaces Required: 3 Minimum interior clear dimensions required: 20'x 20' (with variance for two spaces) Residential Zoning Corrections (Cont’d) Updated: 04/06/2021 I:\Users\PLN\Shared\PA's\PAs - 2021\PA2021-130\PA2021-130 Plancheck Corrections 6-30-21.docx (pw_CDD) Page 6 of 10 56. 1 Label interior clear dimensions of the garage free of all obstructions such as cabinetry, appliances, steps, posts, etc. (one riser is allowed, maximum 6 inches high, encroaching no more than 18 inches into garage). Label garage encroachments. See red marks on Garage Level Floor Plan. Please note that 20' depth is required. 57. Indicate on the plans that the garage doors are automatic roll-up doors. Garages with doors that face the street that are located within twenty (20) feet of the front property line are required to be equipped with automatic roll-up doors. 58. Development on lots with alley access shall be designed such that parking is accessed from alley to minimize or eliminate curb cuts. Exceptions permitted only in compliance with Council Policy L-2; and for properties in coastal zone, compliance with Section 21.40.070.B and C required. 59. Comments: HEIGHT LIMITATION (20.30.060) • 20.30.050 Grade Establishment • Measured from average grade if slope is 5% or less • Roofs over the Flat Roof Limit must have a minimum 3:12 pitch • Sloped roofs with a pitch less than 3:12 and parapets, railings, etc are considered flat roof for the purpose of height limits • Heights are measured to the top of all finished materials. • Height certification will be required in some cases 60. 1 Flat Roof Limit: 24 feet Sloped Roof Allowable Ridge Height: 29 feet 61. Height certification inspection required? Yes No If so, add note to elevations stating Height Certification Required. 62. 1 Provide topographic survey (stamped and signed by a licensed surveyor) to establish slope and average grade or, use subdivision grading plan, if applicable. Signature required 63. Provide a sheet showing the outline of the proposed structure over a topographic survey to verify determination of slope and grade to be used for measuring height. 64. Provide slope of the lot. The slope of a lot shall be determined using a four-sided polygon that most closely approximates the actual footprint of the proposed structure. The area of the four-sided polygon shall not be smaller than the footprint of the proposed structure and shall be located entirely within the buildable area of the lot. Identify the elevation points from survey and distance used to calculate slope. 65. Establishment of Grade (Five Percent or Less Slope)- The grade of the surface from which structure height is measured shall be a plane established using the average of the elevations at each corner of the four-sided polygon. Example: A + B + C + D = X; X/4 = Established grade elevation from which to measure structure height. Identify the four points used to determine grade plane on site plan and illustrate average grade calculation. Residential Zoning Corrections (Cont’d) Updated: 04/06/2021 I:\Users\PLN\Shared\PA's\PAs - 2021\PA2021-130\PA2021-130 Plancheck Corrections 6-30-21.docx (pw_CDD) Page 7 of 10 66. 1 Establishment of Grade (More than Five Percent Slope)- The established grade from which structure height is measured shall be a plane established by determining the elevation of the lot at five evenly spaced points along each of the two side property lines and connecting each of the points along a side property line with the corresponding point on the opposite side property line. The five evenly spaced points along each side property line shall be located so that one point is located at the intersection of the front setback line with the side property line and another point is located at the intersection of the rear setback line with the side property line. The other three points along the side property line shall be located so that all five points are equidistant from each other. Provide a grade plane exhibit per the methodology above and clearly identify the survey points used to establish the grade plane. 1. See red marks on Grade Plane exhibit. Cannot use TWS (top of wall step) as point. Use existing grade or interpolated existing grade. Also, please show calculations where marked. Additional corrections may arise during resubmittal. 2. Label all roof points. Some have a "T.W." label. Should it say "T.R." (top of roof)? 3. Interpolated existing grade is required under each major roof point. See red marks. 67. Label the established grade on all elevation sheets. 68. For lots with a more than 5 percent slope, plot roof plan over established grade plan exhibit to assist with determination of grade points located directly below ridge peaks, roof areas and/or parapets. 69. Label interpolated grade points (based on established grade plane) below any critical ridge, parapet, etc. 70. Dimension heights from established grade to: top of flat roof ridge peak all roof top equipment deck rails any flat elements 71. All new structures shall have a minimum top of slab elevation of 9.0 (88 NAVD datum) pursuant to Section 20.30.060.B.3. When the top of slab is required to be raised, the height of the principal building shall be measured from the 9.0 (88 NAVD datum) elevation. 72. 1 Provide a complete roof plan. Provide revision to roof plan, see red mark. 73. Label roof pitches on roof plan and elevations. 74. Label and dimension eave overhang to property line on all exterior elevations. 75. 1 Comments: 1. Remove garage eave (see red mark on Front Elevation). 2. Show existing grade line along the Southeast and Northwest Elevation plans. These lines should demonstrate accessory structure compliance with height in side setbacks, and also demonstrate mass of proposed structure from neighbor side. EXCEPTIONS TO HEIGHT LIMITS (20.30.060 D) 76. 1 Interior Fireplaces- The overall chimney height for an interior fireplace is permitted to exceed the height limit by two feet above the roof plane plus an additional two foot maximum for the cap/spark arrestor. The additional two foot section is not only limited in height but also to 2 feet by 4 feet in width and depth. In addition, the chimney must be located a minimum distance of 10 feet from the nearest roof plane. Label dimensions of the chimney plus any portion of the cap/arrestor. Does chimney obstruct views of Ocean? Add chimney into proposed structure massing exhibit. 77. Elevator Shafts/Enclosed Stairwells- Flat roofs above elevator shafts and enclosed stairwell housings may exceed the allowed height limit up to the maximum height for a sloped roof, provided they do not exceed thirty (30) square feet in area. Label applicable elevator shaft/enclosed stairwell dimensions and area. 78. Comments: LANDSCAPING Residential Zoning Corrections (Cont’d) Updated: 04/06/2021 I:\Users\PLN\Shared\PA's\PAs - 2021\PA2021-130\PA2021-130 Plancheck Corrections 6-30-21.docx (pw_CDD) Page 8 of 10 79. 1 LANDSCAPING – TITLE 14 Chapter 14.17 of the Municipal Code (Water-Efficient Landscaping) applies to landscape installation projects requiring a ministerial or discretionary permit and exceed the following thresholds: 1. New landscape project with greater than 500 square feet of landscape area 2. Rehabilitated landscaped project with greater than 2,500 square feet of landscape area New Landscape Project: total sq ft of new landscaped area Provide Landscape Documentation Package prepared in accordance with Design Standards or, if landscape area is 2,500 square feet or less, comply with the Prescriptive Compliance Option (Appendix H of Design Standards). Rehabilitated Landscape Project: total sq ft of rehabilitated landscaped area 1. Provide Landscape Documentation Package prepared in accordance with Design Standards or; 2. Rehabilitated projects with replacement plantings with equal or less water need than the existing landscaping and the irrigation system is designed, operable and programmed to comply with the City’s water conservation regulations are exempt from the ordinance and the requirement to provide a complete landscape documentation package. To qualify for this exemption, the applicant must provide a landscape and irrigation plan and letter from a licensed professional stating that the replacement landscaping and irrigation system complies with the terms of this exemption. 80. 1 Comments: 1. Label landscape area on Title Sheet. 81. LANDSCAPING – TITLE 20 (20.36.050A) Impervious surfaces in R-1 and R-2 zones. 1. Impervious surface areas, excluding driveways, shall not exceed 50 percent of the front yard area with the remaining area landscaped with plant material. The use of pervious materials for walkways, porches, and outdoor living areas is allowed. 2. Where the typical neighborhood pattern of front yards has been developed with hardscaped outdoor living areas that exceed the 50 percent maximum for impervious surfaces the Director may waive this requirement. Project complies with: No.1 Yes No No.2 Yes No 82. Comments: DESIGN CRITERIA (20.48.180 B.) For 78-83 below, applicable to all single-unit and two-unit residential building citywide 83. 1 Walls: Long unarticulated exterior walls are discouraged on all structures. The visual massing of a building should be reduced by incorporating appropriate design elements; including variation in the wall plane, building modulation, opening, recesses, vertical element, varied textures, and design accents (e.g. moldings, pilasters, etc.). Front facades shall include windows. 84. Upper floors: Portions of upper floors should be set back in order to scale down facades that face the street, common open space, and adjacent residential structures. Upper story setbacks are recommended either as full length “stepbacks” or partial indentations for upper story balconies, decks, and/or aesthetic setbacks. 85. 1 Architectural treatment: Architectural treatment of all elevations visible from public places, including alleys, is encouraged. Treatments may include window treatments, cornices, siding, eaves, and other architectural features. Residential Zoning Corrections (Cont’d) Updated: 04/06/2021 I:\Users\PLN\Shared\PA's\PAs - 2021\PA2021-130\PA2021-130 Plancheck Corrections 6-30-21.docx (pw_CDD) Page 9 of 10 86. Front façade: Where the neighborhood pattern is for the primary entrance to face the street, the primary entry and windows should be the dominate elements of the front façade. Primary entrances should face the street with a clear, connecting path to the public sidewalk or street. Alternatively, entry elements may be visible from the street without the door necessary facing the street. 87. Main entrance: The main dwelling entrance should be clearly articulated through the use of architectural detailing. 88. Comments: MISCELLANEOUS ITEMS 89. SB330 COMPLIANCE FOR DEMOLITIONS- The attached certification form shall be completed and signed by the property owner of a proposed “housing development project” (defined as two or more residential units or a mixed-use project with two-thirds residential floor area) that involves the demolition of any residential units. The form shall be copied into plan set prior to issuance of building permit. 90. TWO- TO FOUR-UNIT DWELLING PROJECTS The attached notice shall be signed by property owners and copied into the plan set prior to the issuance of a building permit for development of two- to four-unit dwellings. The notice serves as a record of acknowledgement that property owners understand should they choose to pursue the approval of a Parcel Map for condominium purposes during the construction, they fully understand that the Parcel Map application is a discretionary process and is not guaranteed. 91. CONDOS - (Existing Structures) Before a condominium unit may be sold, a condominium conversion building permit must be signed off by the Planning Department. The Parcel Map must be signed off by the Public Works Department, approved by the County and RECORDED at the County. Proof of recordation will be required before Planning can sign off on the building permit final. Provide a copy of the first page of the recorded document. 92. CONDOS - (New Structures) Before a condominium unit may be sold, a building permit is required for a description change from “duplex” to “condominiums.” Before building permits can be finaled, the Parcel Map must be signed off by the Public Works Department, approved by the County and RECORDED at the County. Proof of recordation will be required before Planning can sign off on the description change. Provide a copy of the first page of the recorded document. 93. 20.30.130 (Traffic Safety Visibility Area): Design includes accessory improvements and/or landscaping within traffic safety visibility triangle: Yes No • If Yes, label and illustrate traffic safety visibility triangle as follows: • Label proposed improvements and heights within triangle as follows: 94. 20.30.020.A (Screening of Roof-Mounted and Ground-Mounted Mechanical Equipment)- The screening of mechanical equipment is required in all zoning districts at the time of new installation or replacement. Roof- mounted and ground-mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust vents, swimming pool and spa pumps and filters, transformers and generators, and similar equipment, but excluding solar collectors and related equipment), shall be screened from public view and adjacent residential districts, and shall comply with the requirements: 95. 1 ACCESSORY STRUCTURES Accessory structures, including fences, hedges, walls, and retaining walls, are typically limited to 6 feet in side and rear setbacks and 42 inches in front setbacks. Please label height from natural grade below to highest point of structure. 96. FYI ASSOCIATION APPROVAL (ADVISORY) Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. 97. TRASH AREA Indicate the location of the screened trash area on the site plan or floor plan. 98. Comments: GENERAL NOTES Residential Zoning Corrections (Cont’d) Updated: 04/06/2021 I:\Users\PLN\Shared\PA's\PAs - 2021\PA2021-130\PA2021-130 Plancheck Corrections 6-30-21.docx (pw_CDD) Page 10 of 10 99. 1 Add the following note(s) as indicated below: “Pools, spas, walls, fences, patio covers and other freestanding structures require separate reviews and permits.” “Fences, hedges, walls, retaining walls, guardrails and handrails or any combination thereof shall not exceed 42 inches from existing grade prior to construction within the required front setback area(s).” Accessory Living Areas- “There shall be no facilities used for food preparation within or be used for residential purposes separately or independently from occupants of principal structure.” Other:- HOLD ON FINAL 100. FYI The following Hold(s) on Final will be applied to your building permit: Height Certification of critical roof height elevations. Condominium Conversions- Parcel Map recordation. New Condominiums (1-4 units) - Parcel Map recordation and issuance of Description Change permit Landscape Certification- For projects requiring landscape documentation package, applicant must provide third- party stamped and signed Certificate of Completion (Appendix E of Design Standards), Third Party Audit, and Post-Installation Irrigation Schedule and Maintenance Schedule. Accessory Dwelling Units: Deed Restriction and Affordability Questionnaire Other:- 101. Comments: Coastal Development Permit Supplemental Materials Checklist (Rev: 05-12-21) The following checklist provides guidance for determining the appropriate supplemental materials that should be submitted with a Coastal Development Permit applicant. The checklist contemplates typical or routine development proposals such as single-family homes and duplexes. For complete information regarding the studies or for larger projects, refer to the captioned section of the Municipal Code. Please speak with a planner to confirm which studies may be required for your proposed development. An additional application deposit may be required for peer review of supplemental studies at the discretion of the Department based on individual project and site conditions. Water Quality Supporting Studies Preliminary Construction Pollution Prevention Plan (CPPP) (Section 21.35.030) A report or erosion control plan, that describes temporary best management practices (BMPs) the development will implement to minimize erosion and sedimentation during construction, and to minimize pollution of runoff into coastal waters by construction chemicals and materials. The level of detail provided to address the plan’s requirements shall be commensurate with the type and scale of the development, and the potential for adverse water quality and hydrologic impacts to coastal waters. At minimum, the plan shall show what BMPs will be used and where, total disturbance area, and measures to prevent erosion, contain sediment and control drainage. (See attached sample plan for small- scale, single-family or two-family development projects. Larger scale projects or projects with a greater potential for adverse impacts shall provide additional analysis in compliance with Section 21.35.030). Required for: • Construction activities that include clearing, grading, or other activities that involve ground disturbance; building, reconstructing, or demolishing a structure; and creation or replacement of impervious surfaces. Water Quality and Hydrology Plan (WQHP)/Water Quality Management Plan (WQMP) (Section 21.35.050) A report prepared by a qualified licensed professional, that includes a polluted runoff and hydrologic site characterization, a sizing standard for best management practices (BMPs), use of an LID approach to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed BMPs. An alternatives analysis and description of the treatment control and/or runoff control BMPs the development will implement to minimize potential post-development water quality and hydrologic impacts may also be necessary. Required for: • Projects within 200 feet of coastal waters (Mean High Water Line) or environmentally sensitive habitat area that involve 2,500 square feet or more of impervious surface area (WQMP threshold) Coastal Development Permit Supplemental Materials Checklist (Rev: 05-12-21) • Projects that include more than 75 percent of impervious surfaces on-site within 200 feet of coastal waters (WQHP threshold) • Hillside development on a slope greater than 15%, on a site with erodible soil (WQHP threshold) or 5,000 square feet on a sloping property with erodible soil (WQMP threshold) NOTE: For developments proposing drainage into the harbor, bay or beach, contact the Planning Division to discuss required studies. Other Supporting Studies Bulkhead Conditions Report (Section 21.30.15.E.3) A report that includes a statement of preparer’s qualifications, analysis of the condition of the existing bulkhead, recommendations for repair, augmentation, or replacement, recommendations to avoid seaward encroachment if augmentation or replacement is necessary, and recommended alternatives to relocate the bulkhead in alignment with adjacent bulkheads as far landward as possible. (Please reference Harbor Design Criteria, adopted March 23, 2021 by the City Council, for bulkhead design requirements and minimum bulkhead elevations needed to account for future sea level rise). Required for: • All properties with a bulkhead on-site Coastal Hazards Report (Section 21.30.015.E.2) A report that includes a statement of preparer’s qualifications, identifies coastal hazards affecting the site, an analysis of coastal hazards such as beach erosion, high tide conditions, storm waves, bluff stability, factors of safety for the economic life of the structure (75 years), a bulkhead determination, and necessary mitigation measures. (Please reference Harbor Design Criteria, adopted March 23, 2021 by the City Council, for bulkhead design requirements and minimum bulkhead elevations needed to account for future sea level rise). Required for: • Properties on the shoreline that are subject to current or expected future erosion, flooding/inundation, wave run-up, or wave impacts, including those resulting from sea level rise. Geologic Stability Report (Section 21.30.15.E.4) A report that includes a statement of preparer’s qualifications, an analysis of the geologic conditions on-site, certifying the suitability of the site for development, and identifying necessary mitigation measures. Required for: Coastal Development Permit Supplemental Materials Checklist (Rev: 05-12-21) • Properties on or within a bluff (B) or canyon (C) overlay • Projects that involve a new residential structure or a significant remodel in shoreline areas subject to liquefaction or seismic hazards (the report will be required for these projects at plan check, please provide if available with the CDP application) Post Development Erosion Control Plan (Section 21.30.015.E.7) A plan prepared by a registered engineer qualified in hydrology and soil mechanics, that incorporates drainage improvements, irrigation systems, and/or native or drought-tolerant vegetation into the design to minimize bluff or canyon recession and will eliminate or mitigate any adverse impacts on local shoreline sand supply to the maximum extent feasible. Required for: • Properties on or within 100 feet of a bluff (B) or canyon (C) overlay Landscape Planting Plan (Section 21.30.075) A detailed landscape planting plan that specifies landscape area as well as plant selection and grouping, to determine compliance with drought tolerant species, invasive plant species, native plant species for dune habitats, environmentally sensitive habitat areas (ESHA)/ESHA buffers, and deciduous trees. Required for: • Properties containing or within 50 feet of a sand dune, beach, bluff, stream, ESHA, water feature, or wetland • Projects that include 500 square feet or more of new landscaping in accordance with Chapter 14.17 of the Municipal Code • Projects that include 2,500 square feet or more of rehabilitated landscaping in accordance with Chapter 14.17 of the Municipal Code NOTICE: Waiver of Future Protection (Section 21.30.15.E.5) As a condition of approval of new development, an agreement in favor of the City is necessary waiving any potential right to future protection to address situations in the future in which development is threatened with damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards. Required: • New development where a natural landform or shoreline protection study is required Coastal Development Permit Supplemental Materials Checklist (Rev: 05-12-21) Less Common Supporting Studies Archaeological/ Paleontological Research Plan (Section 21.30.105.A) A document prepared by a qualified archaeologist/paleontologist to determine whether or not significant cultural resources are present, determine the boundaries of cultural resources, and provide measures that result in the avoidance and/or minimization of impacts to archaeological or paleontological cultural resources present on the site. Required if: • Projects where the site contains known or potential archaeological or paleontological resources • A potentially significant archeological or paleontological resource is identified in an initial study pursuant to the California Environmental Quality Act (CEQA) Conversion or Demolition of Affordable Housing (Chapter 21.34) Demonstrate compliance with the requirements of Chapter 21.34 (one-for one replacement of affordable units in the following order of preference: on-site, in the Coastal Zone, within 3 miles of the Coastal Zone). Required for: • Conversion or demolition of eleven (11) or more dwelling units located in two or more structures • Properties that involve the demolition of three or more dwelling units Initial Historic Evaluation (Section 21.30.105.B) A site-specific study performed by a qualified professional that describes the significance of the resources, describes possible adverse impacts, and identifies mitigation measures designed to reduce or eliminate those impacts. Required if: • The site is listed on the City’s Historic Resource Inventory, or a Local, State, or Federal historic resource list • The site contains historic resources Initial Resource Survey (Section 21.30B.020) A site resource survey, recently prepared (within one year), identifying the presence or potential for wetlands or sensitive habitat, vegetation, or wildlife species on the site. Required for: • Properties that contain or are within 100 feet of sensitive habitat areas, southern coastal foredune, southern dune scrub, wetland, wetland buffer, or an ESA/ESHA/ESHA buffer • Properties within a 100-year floodplain Coastal Development Permit Supplemental Materials Checklist (Rev: 05-12-21) • Properties that contain state or federally listed rare, threatened, or endangered species Lower Cost Visitor Accommodations Impact and Feasibility Analysis (Section 21.48.025) A feasibility study explaining why providing lower cost accommodations as part of the project is not feasible. The study should address: land value; development costs; a breakdown of the estimated annual revenues (including average daily rate and occupancy rates); a breakdown of the estimated operating costs; and any other information necessary to address the feasibility of providing lower cost accommodations on-site. Required for: • Development of new visitor accommodations • The expansion, reduction, redevelopment, demolition, conversion, closure, or cessation of existing visitor accommodations. Visual Impact Analysis (Section 21.30.100) An analysis that includes recommendations to avoid or minimize impacts to public views from the identified public view points and corridors identified in Policy 4.4.1-6 and Map 4- 3 of the Coastal Land Use Plan. Required for: • Property that contains or is visible from a viewshed, public view point, coastal view road, public park or beach, or public access as identified on Coastal Land Use Plan Map 4-3 • When an initial analysis indicates the need for a view impact analysis as determined by City staff. 6/30/2021 Chapter 20.52 PERMIT REVIEW PROCEDURES https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2052.html#20.52.090 1/1 F. Findings and Decision. The review authority may approve or conditionally approve a variance only after first making all of the following findings: 1. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification; 2. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification; 3. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; 4. Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district; 5. Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood; and 6. Granting of the variance will not be in conflict with the intent and purpose of this section, this Zoning Code, the General Plan, or any applicable specific plan. 6/30/2021 Chapter 21.52 COASTAL DEVELOPMENT REVIEW PROCEDURES https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach21/NewportBeach2152.html#21.52.090 1/2 C. Considerations. In reviewing a coastal development permit application for development requesting a modification or variance, the review authority shall consider the following: 1. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and 2. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. D. Findings and Decision. The review authority may approve or conditionally approve a modification or waiver to a development standard of this Implementation Plan only after first making all of the following findings: 1. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Implementation Plan results in physical hardships; or 2. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/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 coastal zoning district; and 3. The modification or variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F); 4. The modification or variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs; 5. The modification or variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas; 6. The modification or variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation, or wildlife species; and 7. The granting of the modification or variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the certified Local Coastal 6/30/2021 Chapter 21.52 COASTAL DEVELOPMENT REVIEW PROCEDURES https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach21/NewportBeach2152.html#21.52.090 2/2 Program. (Ord. 2019-5 § 6, 2019) 6/30/2021 Chapter 21.52 COASTAL DEVELOPMENT REVIEW PROCEDURES https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach21/NewportBeach2152.html#21.52.015 1/1 F. Findings and Decision. The review authority may approve or conditionally approve a coastal development permit application, only after first finding that the proposed development: 1. Conforms to all applicable sections of the certified Local Coastal Program; 2. 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. 6/30/2021 Chapter 20.48 STANDARDS FOR SPECIFIC LAND USES https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach20/NewportBeach2048.html#20.48.180 1/1 2. Design Criteria. a. Walls. Long, unarticulated exterior walls are discouraged on all structures. The visual massing of a building should be reduced by incorporating appropriate design elements; including variation in the wall plane, building modulation, openings, recesses, vertical elements, varied textures, and design accents (e.g., moldings, pilasters, etc.). Front facades shall include windows. b. Upper Floors. Portions of upper floors should be set back in order to scale down facades that face the street, common open space, and adjacent residential structures. Upper story setbacks are recommended either as full-length “stepbacks” or partial indentations for upper story balconies, decks, and/or aesthetic setbacks. c. Architectural Treatment. Architectural treatment of all elevations visible from public places, including alleys, is encouraged. Treatments may include window treatments, cornices, siding, eaves, and other architectural features. d. Front Facade. Where the neighborhood pattern is for the primary entrance to face the street, the primary entry and windows should be the dominant elements of the front facade. Primary entrances should face the street with a clear, connecting path to the public sidewalk or street. Alternatively, entry elements may be visible from the street without the door necessarily facing the street. e. Main Entrance. The main dwelling entrance should be clearly articulated through the use of architectural detailing. (Ord. 2020-28 § 1 (Exh. A), 2020; Ord. 2010-21 § 1 (Exh. A) (part), 2010)