HomeMy WebLinkAbout04_Armour Residence CDP_PA2022-001
03/13/2018
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 24, 2022
Agenda Item No. 4
SUBJECT: Armour Residence (PA2022-001)
Coastal Development Permit No. CD2022-002
SITE LOCATION: 729 Via Lido Soud
APPLICANT: Carlton Graham
OWNER: John and Laura Armour
PLANNER: David S. Lee, Associate Planner
949-644-3225, dlee@newportbeachca.gov
LAND USE AND ZONING
General Plan: RS-D (Single Unit Residential Detached)
Zoning District: R-1 (Single-Unit Residential)
Coastal Land Use Category: RSD-C (Single Unit Residential Detached) (10.0-19.9
DU/AC)
Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit to allow the demolition of an existing single-
family residence and the construction of a new two (2)-story, 2,765-square-foot, single-
family residence with a 474-square-foot attached garage. The proposed development also
includes additional appurtenances such as walls, fences, patios, hardscape, drainage
devices, and landscaping.
RECOMMENDATION
1) Conduct a public hearing;
2) 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) 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; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2022-002 (Attachment No. ZA 1).
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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
Use Plan, General Plan, and Zoning Code. A coastal development permit is required
and the property is not eligible for a waiver for de minimis development because the
property is located in the Coastal Commission Appeal Area.
The subject property is legally described as Lot 27 of Tract 907.
The property currently consists of one legal lot developed with a single-unit
residence. The neighborhood is predominantly developed with two- and three-story
single-family residences. The proposed three-story design, bulk, and scale of the
development is consistent with the existing neighborhood pattern of development
and expected future development (Figure 1).
Figure 1: Aerial Image
The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below.
Subject Property
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Table 1 Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Abutting Bay) 10 feet 10 feet
Front (Abutting Street) 4 feet 4 feet
Sides 3 feet 3 feet
Allowable Floor Area 3,465 sq. ft. 3,239 sq. ft.
Open Space (min.) 346 sq. ft. 853 sq. ft.
Parking (min.) 2-car garage 2-car garage
Height (max.) 24 feet flat roof
29 feet sloped roof
24 feet sloped roof
Hazards
A Coastal Hazards Report was prepared by PMA Consulting, Inc. on November 9,
2021. The project site is near the Newport Bay. However, a small intertidal beach
separates the project from the water. The report concludes that the highest high
tide elevation (currently 7.7 feet NAVD 88) will not exceed 10.9 feet (NAVD 88)
using the low-risk aversion projected sea level rise (3.2-foot increase) over the 75-
year design life of the structure based on estimates for sea level rise provided by
the State of California Sea-Level Rise Guidance 2018. The project includes the
raising of the existing bulkhead, which is currently at 7.90 feet (NAVD 88), to a total
height of 13.35 feet (NAVD 88). In the case that additional protection is necessary,
the proposed bulkhead is designed to be adaptable to 14.4 feet (NAVD 88). The
estimated sea level rise over the next 75 years, using the Medium-High Risk
Aversion, is potentially 6 feet (13.7 feet NAVD 88). Additionally, the site has not
historically been subject to any wave overtopping, nor is overtopping waters over
the next 75 years expected to reach the subject site, even under extreme
conditions. Based on the data provided, the study concludes that coastal hazards
will not impact the property over the next 75 years, as the proposed project has
minimal risk from flooding.
As conditioned pursuant to Newport Beach Municipal Code (NBMC) Section
21.30.030(C)(3)(i)(iv) - (Bulkheads for nonresidential and residential waterfront
development), the property owner will be required to enter into an agreement with
the City waiving any potential right to protection to address situations in the future in
which the development is threatened with damage or destruction by coastal hazards
(e.g., waves, erosion, and sea level rise). The property owner will also be required to
acknowledge any hazards present at the site and unconditionally waive any claim to
damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c) (Nonresidential Waterfront Development, Development
Standards). Both requirements are included as conditions of approval that will need
to be satisfied prior to the issuance of building permits for construction.
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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
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of a building permit. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and the CBC prior to building
permit issuance.
Public Access
The project site is located on the Lido Isle between the nearest public road and the
sea. Implementation Plan Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) requires that the provision of public access bear a
reasonable relat
proportional to the impact. In this case, the project replaces an existing single-family
residence with a new single-family residence. 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. Furthermore, the project is designed and
sited so as not to block or impede existing public access opportunities. The project
site is located between Via San Remo and Via Waziers, which are identified by the
Coastal Land Use Plan as public beach access locations. The project does not
interfere with the existing nearby access to the beach.
The project site is not located adjacent to a coastal view road, public viewpoint, public
park, or public accessway, as identified in the Coastal Land Use Plan. The project is
located approximately 250 feet from the Via San Remo street end and approximately
315 feet from the Via Waziers street end, which are both identified as public beaches
in the Coastal Land Use Plan. The project may be located within the viewshed of
other distant public viewing areas. Site evaluation revealed that the proposed two
(2)-story design is consistent with the existing neighborhood pattern of development
and will not affect the existing views afforded from the Via San Remo and Via Waziers
street ends. The project will replace an existing single-family residence with a new
single-family residence that complies with all applicable Local Coastal Program
(LCP) development standards and maintains a building envelope consistent with the
existing neighborhood pattern of development. 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.
Water Quality
The applicant provided an Erosion Control Plan to implement temporary Best
Management Practices (BMPs) during construction to minimize erosion and
sedimentation and to minimize pollution runoff and coastal waters derived by
construction chemicals and materials. The Erosion Control Plan will be reviewed
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to adhere to the approved Erosion Control Plan.
Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology
Plan), due to the proximity of the development to the shoreline and the
development containing more than 2,500 square feet of impervious surface area,
a Water Quality Management Plan (WQMP) is required. A WQMP prepared by
Land Strategies, LLC, dated December 17, 2021, has been submitted and will be
and hydrologic site characterization, a sizing standard for BMPs, use of a Low
Impact Development (LID) approach to retain the design storm runoff volume on
site, and documentation of the expected effectiveness of the proposed BMPs.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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. The Class 3 exemption
includes the construction of limited numbers of new, small structures, including one single-
family residence. The proposed project is a new single-family residence located in the R-1
Coastal Zoning District. There are no known exceptions listed in CEQA Guidelines Section
15300.2 that would invalidate the use of these exemptions.
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
13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
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Prepared by:
___________________________
David S. Lee, Associate Planner
MS/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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03/13/2018
Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2022-002 FOR THE
DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE
AND THE CONSTRUCTION OF A NEW TWO (2)-STORY, 2,765-
SQUARE-FOOT, SINGLE-FAMILY RESIDENCE WITH A 474-
SQUARE-FOOT ATTACHED TWO (2)-CAR GARAGE LOCATED
AT 729 VIA LIDO SOUD (PA2022-001)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Carlton Graham, with respect to property located at 729 Via
Lido Soud, and legally described as Lot 27 of Tract 907, requesting approval of a Coastal
Development Permit.
2. The applicant proposes the demolition of an existing single-family residence and the
construction of a new two (2)-story, 2,765-square-foot, single-family residence with a 474-
square-foot attached garage. The proposed development also includes additional
appurtenances such as walls, fences, patios, hardscape, drainage devices, and
landscaping.
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). The R-1 Zoning District permits single-unit residential dwellings.
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 March 24, 2022, online via Zoom. A notice of time, place,
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Division 6, 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.
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2. Class 3 exempts the construction of limited numbers of new, small structures, including
one (1) single-family residence. The proposed project is a new single-family residence
located in the R-1 Coastal Zoning District.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Findings and Decision) of the Newport Beach Municipal
Code (NBMC), 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 proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 3,465 square feet and the proposed floor area
is 3,239 square feet.
b. The proposed development complies with the required setbacks, which are 10 feet
abutting the bay, 4 feet abutting Via Lido Soud, and 3 feet along each side property
line.
c. The highest guardrail/parapet is below 24 feet from established grade and the
highest ridge is 24 feet from established grade. The proposed development
complies with all height requirements.
d. The proposed development provides a two (2)-car garage, complying with the
minimum garage requirement for a single-family residence.
e. The proposed development complies with the minimum 9.0-foot North American
Vertical Datum of 1988 (NAVD 88) top of slab elevation requirement for interior
living areas of new structures.
2. The neighborhood is predominantly developed with two (2)- and three (3)-story single-
unit residences. The proposed two (2)-design, bulk, and scale of the
development is consistent with the existing neighborhood pattern of development and
expected future development.
3. The finish floor elevation of the proposed dwelling is 13.68 feet (NAVD 88), which
complies with the minimum 9.0-foot (NAVD 88) elevation standard.
4. A Coastal Hazards Report was prepared by PMA Consulting, Inc. on November 9, 2021.
The project site is near the Newport Bay. However, a small intertidal beach separates
the project from the water. The report concludes that the highest high tide elevation
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(currently 7.7 feet NAVD 88) will not exceed 10.9 feet (NAVD 88) using the low-risk
aversion projected sea level rise (3.2-foot increase) over the 75-year design life of the
structure based on estimates for sea level rise provided by the State of California Sea-
Level Rise Guidance 2018. The project includes the raising of the existing bulkhead,
which is currently at 7.90 feet (NAVD 88), to a total height of 13.35 feet (NAVD 88). In
the case that additional protection is necessary, the proposed bulkhead is designed to
be adaptable to 14.4 feet (NAVD 88). The estimated sea level rise over the next 75
years, using the Medium-High Risk Aversion, is potentially 6 feet (13.7 feet NAVD 88).
Additionally, the site has not historically been subject to any wave overtopping, nor is
overtopping waters over the next 75 years expected to reach the subject site, even under
extreme conditions. Based on the data provided, the study concludes that coastal
hazards will not impact the property over the next 75 years, as the proposed project has
minimal risk from flooding.
5. Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due
to the proximity of the development to the shoreline and the development containing
more than 2,500 square feet of impervious surface area, a Water Quality Management
Plan (WQMP) is required. A WQMP prepared by Land Strategies, LLC, dated December
17, 2021,
The WQMP includes a polluted runoff and hydrologic site characterization, a sizing
standard for BMPs, use of a LID approach to retain the design storm runoff volume on
site, and documentation of the expected effectiveness of the proposed BMPs.
6. 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 (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and the CBC prior to building permit issuance.
7. The project site is not located adjacent to a coastal view road, public viewpoint, public park,
or public accessway, as identified in the Coastal Land Use Plan. The project is located
approximately 250 feet from the Via San Remo street end and approximately 315 feet from
the Via Waziers street end, which are both identified as public beaches in the Coastal Land
Use Plan. The project may be located within the viewshed of other distant public viewing
areas. Site evaluation revealed that the proposed two (2)-story design is consistent with
the existing neighborhood pattern of development and will not affect the existing views
afforded from the Via San Remo and Via Waziers street ends. The project will replace an
existing single-family residence with a new single-family residence that complies with all
applicable Local Coastal Program (LCP) development standards and maintains a building
envelope consistent with the existing neighborhood pattern of development. 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.
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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 the Lido Isle between the nearest public road and the sea.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
mpact and be proportional to the impact. In this
case, the project replaces an existing single-family residence with a new single-family
residence. 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.
Furthermore, the project is designed and sited so as not to block or impede existing public
access opportunities.
2. The project site is located between Via San Remo and Via Waziers, which are identified
by the Coastal Land Use Plan as public beach access locations. The project does not
interfere with the existing nearby access to the beach.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (Conversion or Construction of Small Structures) 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. CD2022-002, subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
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 (NBMC). Final
action taken by the City may be appealed to the Coastal Commission in compliance with
Section 21.64.035 (Appeal to the Coastal Commission)
Title 14 California Code of Regulations, Sections 13111 through 13120, and Section
30603 of the Coastal Act.
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PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF MARCH, 2022.
_____________________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
3. Coastal Development Permit No. CD2022-002 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 (NBMC), unless an extension is
otherwise granted.
4. Prior to final building permit inspection, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices to address the
threat of damage or destruction from waves, erosion, storm conditions, landslides,
seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the
property, or development of the property, today or in the future. The agreement shall be
binding against the property owners and successors and assigns.
5. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
the City from such hazards, and to indemnify 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,
development.
6. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers.
7. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
8. All proposed accessory structures located within setback areas shall comply with
applicable height limits consistent with Zoning Code Section 20.30.040 (Fences,
Hedges, Walls, and Retaining Walls).
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9. 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.
10. 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.
11. 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.
12. Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
13. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition 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.
14. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). 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 (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
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15. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
16. All principal structures shall be waterproofed to a minimum height of 14.4 feet NAVD 88.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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
whatsoever which may arise from or in any manner relate (directly or indirectl
approval of Armour Residence including, but not limited to, Coastal Development
Permit No. CD2022-002 (PA2022-001). 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.
Building Division
22. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
WQHP/WQMP and any changes could require separate review and approval by the
Building Division.
23. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
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24. Prior to issuance of the building permits, a copy of the Resolution, including conditions
shall be incorporated into the Building Division and field sets of
plans.
25. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
26. Prior to issuance of building permits, the applicant shall submit a soils report which
include recommendations for construction on liquefiable soils. Additionally, the building
foundation shall comply with the minimum requirements of the City of Newport Beach
Building Code Policy CBC 1803.5.11-12.
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03/13/2018
Attachment No. ZA 2
Vicinity Map
17
03/13/2018
VICINITY MAP
Coastal Development Permit No. CD2022-002
PA2022-001
729 Via Lido Soud
Subject Property
18
03/13/2018
Attachment No. ZA 3
Project Plans
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From: Westmoreland, Liz
Sent: March 22, 2022 2:39 PM
To: 'jjeffpence@gmail.com' <jjeffpence@gmail.com>
Subject: RE: Project PA2022-001, Armour Residence
Hi Jeff,
Thank you for providing comments on the proposed coastal development permit. I will send your
comments and requests to the applicant.
For a coastal development permit (CDP), we are reviewing the project for compliance with Title 21
(Local Coastal Implementation Plan) of the Newport Beach Municipal Code. Our review is focused on
coastal issues like public access and views. That being said, I can also provide some additional
information related to your comments. Please see my notes below and let me know if you would like
to discuss any of these items on the phone.
If the existing property walls are located entirely on their private property, then they will be able to
remove them. If the walls are located/partially located on your property they will not be able to
remove them without your permission.
Noise is regulated by our municipal code. For example, in your area of the City construction related
noise is only allowed Monday- Friday between the hours of 7:00 a.m. and 6:30 p.m. There will also
be a sign posted on the construction fence with a number for you to call if there are any issues
during construction. All HVAC equipment will have to meet our noise standards that apply
throughout the City. We review the noise rating of the equipment and the expected noise levels at
your windows and outdoor living areas.
We do not regulate the location of windows in relation to the neighbors, but the plans can be
viewed in the attached staff report if you’d like to see where they are planned.
Again, I have also forwarded your requests to the applicant for consideration. I would encourage you
to speak with them directly regarding the equipment expected at the site and the location of
windows. You may also consider speaking with your HOA to see if they have additional regulations
that may apply.
Thank you,
Zoning Administrator - March 24, 2022 Item No. 4a Additional Materials Received Armour Residence CDP_PA2022-001
LIZ WESTMORELAND
Community Development Department
Associate Planner
lwestmoreland@newportbeachca.gov
949-644-3234
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 | newportbeachca.gov
From: Jeff Pence <jjeffpence@gmail.com>
Sent: March 17, 2022 10:02 AM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: Project PA2022-001, Armour Residence
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
We are their next door neighbors and they are wonderful people. We just want to make sure that
their AIA and Contractor understand the issues of living next to construction therefore we want to
make sure that the AIA and contractor abide by the following:
1. property walls not to be relocated or torn down
2. place a net between our houses to reduce dust etc
3.No music
4.HVAC inclosed in sound proof enclosure
5.use a smaller bulldozer since all our homes are on sand to eliminate cracks in my home. Always
concerned about slab breakup removal
6. Hopefully windows on the 2nd floor are not aligned with our 2nd floor windows.
We are looking forward to having them as full time neighbors.
Jeff Pence
725 Via Lido Soud
949-294-4120
Zoning Administrator - March 24, 2022 Item No. 4a Additional Materials Received Armour Residence CDP_PA2022-001