HomeMy WebLinkAboutPA2022-0155_20220812_Notice of Incomplete Filing
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
NOTICE OF INCOMPLETE COASTAL DEVELOPMENT
PERMIT APPLICATION FILING VIA EMAIL
August 12, 2022
Nate Nicodemus
Christian Rice Architects, Inc.
316 Grand Canal ``
Application No. • Jankiewicz Residence Coastal Development Permit
(PA2022-0155)
Address 316 Grand Canal
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. Property Development Standards.
Please be advised, the project as designed does not comply with all required property
development standards identified in Newport Beach Municipal Code (NBMC)
Chapter 21.30 (Property Development Standards). The project design does not meet
the minimum Zoning Code regulations for the RBI Zone. The corrections required to
comply are provided in detail in the attached residential correction sheet. Due to the
redesign, there is potential that the resubmittal will require additional corrections.
2. Project Description and Justification.
Pursuant to state law, the existing two units need to be replaced with no reduction of
units. Although, the City has accepted ADUs and JADUs as replacement units, the
Coastal Commission has provided an inconsistent acceptance of these types of units
as replacement units. What we have seen is a risk of appeal by the Coastal
Commission especially for JADUs. We have seen a more consistent acceptance of
ADUs. We are warning applicants and owners of property within the Coastal
Commission appeal area such as this project, that even though the City will support
the JADU as proposed as a replacement unit, there is an increased chance the
Coastal Commission will appeal the project and potential to get “stuck” in their appeal
process. We recommend that you change the JADU to an ADU. We can discuss this
further if you have any questions.
PA2022-0155
August 12, 2022
(PA2022-0155)
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Tmplt. 10/23/2018
3. Plant Selection and Grouping.
The project is located within 50 feet of a beach area. Please provide a detailed
planting plan in accordance with Newport Beach Municipal Code (NBMC) Section
21.30.075(3) (Landscaping – Plant Selection and Grouping) and Section 21.30.085
(Water Efficient Landscaping). Refer to the California Invasive Plant Council and
California Native Plant Society websites for a list of prohibited and drought tolerant
plant types for environmentally sensitive areas.
4. Notice of Public Hearing.
Please submit radius map and mailing labels in compliance with Newport Beach
Municipal Code (NBMC) Section 21.62.020(B)(2). Please find the instructions at the
following link : Public Hearing Requirements
5. Coastal Hazards Report.
As the property is located on the shoreline, the proposed development may be
affected by current or expected future erosion, flooding/inundation, wave runup, or
wave impacts, including those resulting from sea level rise. Please provide a Coastal
Hazards Report prepared in accordance with Newport Beach Municipal Code
(NBMC) Section 21.30.015(E)(2). ( I can provide an example of one if you would like.)
Please be aware, a Waiver of Future Protection will likely be required as a condition
of approval for this project in accordance with Section 21.30.015(E)(5). This is a
recorded agreement waiving any potential right to future protection devices to
address threats from natural hazards for the economic life of the development.
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 «Planner_NameTitle» at «Planner_phoneemail».
Attachments:
Residential Correction Sheet
c:
«Owner»
«OwnerAddress»
«ContactNameAddress»
PA2022-0155
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.: PA2022-
0155
Address: 316 Grand Canal
Date: 08/12/2022
Corrections Required Contact Information
“1” (First Review): 08/12/22
“2” (Second Review):
“3” (Third Review):
If you have questions regarding your plan check, please contact:
Plan Checker: Melinda Whelan
Email/Phone: mwhelan@newportbeachca.gov - 949-644-3221
Please contact me to discuss corrections prior to resubmitting.
GENERAL INFORMATION
1. Zone: R-BI Setback Map No: PC Text:
2. Proposal: New Addition Alteration Other
3. No. of Units Allowed: 2 No. of Units Proposed: 2
4. Demo Proposed Yes No If Yes, number of units to be demolished 2
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. Coastal Approval Letter (all pages) to be scanned into plans.
11. 1 Comments: This is an attachment to the incomplete letter. The poject requires a
redesign and resubmittal could lead to additional corrections.
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:
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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. 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. Comments:
SETBACKS
26.
Setback Regulations (20.30.110)
*Setbacks are measured from property line to finished surface, unless otherwise specified.
Front: 5' Grand Canal Left Side: 3' Right Side: 3' Rear: 0' Abalone alley 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: 15 Left Side: 2 Right Side: 2 Rear: 15 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: Need to comply with 3rd floor stepbacks in no. 27 for the the third floor
and third floor covered decks. For the covered decks, there are no eave
encorachments allowed into the stepbacks.
FLOOR AREA/SITE AREA LIMITATIONS
31. Lot Size: 3,073.8 square feet Lot Dimensions: 30x72.47 See attached subdivision map with
dimensions
32. Buildable Area: lot area minus required setback areas = 1,619.28
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33. 1
Floor Area Limitation: 1.5 x buildable area + (200 Square Feet for R-BI only) = 2,628.92 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. 1 Proposed Floor Area: 3,176 square feet OVER
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: Need to redesign over the allowed amount
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. 1
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 = 323 Proposed: 357
•
40. 1 Comments: Needs redesign over allowed amount.
41. 1
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 = 809.64 Proposed: label overall needs reduction because of
third floor exceeding maximum allowed
42. 1 Comments: All 2nd and third floor decks need to be completely openon two sides see
no. 33 above.
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: 243 square feet
Proposed: NEED TO PROVIDE 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: NEED REDESIGN TO ACCOMMODATE OPEN SPACE. For third floor and open space
comply with 20.48.180
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PLOT PLAN/SITE PLAN/FLOOR PLANS
45. Provide fully dimensioned Site Plan and Floor Plans.
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. 1 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. Comments:
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 =
55. Number of Parking Spaces Required: 2 Minimum interior clear dimensions required: 17'6"x19'
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 to
match dimensions required in table above
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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. 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. Needs to be signed
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.
66.
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.
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. 1
Dimension heights from established grade to: top of flat roof ridge peak all roof top equipment
deck rails any flat elements all accessory roof top equipment to show they do not
exceed 24 feet from established grade.
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71. 1 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.
73. Label roof pitches on roof plan and elevations.
74. 1 Label and dimension eave overhang to property line on all exterior elevations. Label setbacks and
property lines with dimensions on exterior elevations.
75. 1 Comments: label elevations from the 9 feet NAVD88 to all ridges and flat elements
and all as per no. 70 above on exerior elevations.
EXCEPTIONS TO HEIGHT LIMITS (20.30.060 D)
76.
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.
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
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: Provide landscape sheets per incomplete letter
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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.
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. 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.
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. 1
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.
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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. LABEL ON SITE PLAN AND GRADING PLAN
CONSISTENTLY. LABEL ELEVATIONS OF FENCES/WALLS WITH EXISTING GRADES DIRECTLY BELOW
TO DEMONSTRATE HEIGHT COMPLIANCE.
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
99.
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:
PA2022-0155