HomeMy WebLinkAbout02_Harmon Residence CDP_PA2022-130CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 16, 2023
Agenda Item No. 2
SUBJECT: Harmon Residence (PA2022-130)
▪Coastal Development Permit
SITE LOCATION: 3405 and 3405 ½ Seashore Drive
APPLICANT: David Olson
OWNER: Thomas and Annette Harmon
PLANNER: Liz Westmoreland, Senior Planner
949-644-3234 or lwestmoreland@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RT (Two Unit Residential)
•Zoning District: R-2 (Two-Unit Residential)
•Coastal Land Use Plan Category: RT-E Two Unit Residential – (30.0-39.9 DU/AC)
•Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A coastal development permit (CDP) to allow for the demolition of an existing two-story,
two-unit dwelling with attached garages, and construction of a new 3,221-square-foot,
three-story, single-unit dwelling including a 381 square foot JADU and a 426-square-foot
two-car garage. The project includes hardscape, drainage, and accessory structures all
within the confines of the property. The project is located in the VE Special Flood Hazard
Area ("VE Zone"), and includes a raised foundation supported by caissons to meet the
minimum finished floor requirements of the Special Flood Hazard Area. The project
complies with all development standards and no deviations are requested. All
improvements authorized by this CDP will be located on private property.
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 of 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 filed as PA2022-130 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
•The subject property is in the R-2 Coastal Zoning District, which provides for single-
unit and two-unit residential development and is consistent with the City’s Coastal
Land 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 in the Coastal Commission Appeal Area.
•The property currently consists of one legal lot developed with a duplex. The
neighborhood is predominantly developed with two- and three-story, single- and
two- unit residences. The proposed design, bulk, and scale of the development are
consistent with the existing neighborhood pattern of development and expected
future development consistent with applicable development standards.
•The proposed single-unit dwelling, JADU, and accessory structures conform to all
applicable development standards, including the floor area limit, setbacks, height,
and off-street parking as evidenced by the project plans and illustrated in Table 1
below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Boardwalk) 5 feet 5 feet
Sides 3 feet 3 feet
Front (Street) 0 feet 6 feet
3rd Floor Stepbacks*
Front (Boardwalk) 15 feet 20 feet
Front (Street) 15 feet 15 feet
Allowable Floor Area (max.) 3,658 square feet 3,653 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
*Section 20.48.180 (Residential Development Standards and Design Criteria)
provides that lots 25 feet wide or less in the R-2 Zoning District are not subject to the
open volume, third floor area, third floor coverage, or third floor side stepbacks.
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Hazards
• The project is located along the West Ocean Front Boardwalk and a wide sandy
beach. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by
GeoSoils, Inc., dated June 10, 2022, for the project. The report concludes that the
project will be reasonably safe from wave overtopping and future sea level rise.
The estimates assume an approximate 3.2-foot increase from sea level rise over
the next 75 years (i.e. the life of the structure). The maximum water elevation is
7.7 feet (NAVD88), therefore the future sea level is estimated to reach
approximately 10.9 feet (NAVD88) (the likely range for sea level rise over 75-year
design life of the structure based on low risk aversion estimates for sea level rise
provided by the State of California, Sea Level Rise Guidance: 2018 Update). The
finished floor elevation of the first floor of the proposed structure is approximately
17.5 feet (NAVD88), which complies with the minimum 9.0-foot (NAVD88)
elevation standard for new structures and exceeds the minimum requirements for
future sea level rise (10.9 feet NAVD88).
• The Coastal Hazards Report and Sea Level Rise Analysis also evaluates the
potential for shoreline erosion and wave action at the site. The report concludes
that future wave runup will likely not reach the site under severely eroded beach
conditions and extreme storms. The report states that this section of Newport
Beach does experience short term erosion, but that the erosion is temporary and
largely the result of an energetic winter. The report concludes that the sandy beach
in front of the property is typically over 250 feet wide and has provided adequate
protection for the property over the last several decades. The proposed
development will not need shoreline protection over the life of the development.
• Prior to the issuance of a building permit, the project would be reviewed for
compliance with building code and FEMA standards. The VE Flood Zone mapped
for the site requires a base flood elevation (BFE) of 15 feet NAVD88, and the City
requires an additional one foot of “freeboard” to the bottom of the lowest horizontal
structural member. Therefore, the project has been designed with a raised finished
floor of approximately 17.25 feet (NAVD88). The residential structure is also
required to have a pile foundation. Although unlikely to occur at the project site
over the life of the development, the structure has been designed to withstand
potential wave action in compliance with the FEMA VE Flood Zone standards and
the associated requirements of the Newport Beach Municipal Code (NBMC).
• Under NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to
agree 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 Waiver of Future
Protection is included as a condition of approval that will need to be satisfied before
the final building inspection.
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• 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). The Acknowledgement
of Coastal Hazards is included as a condition of approval that will need to be satisfied
before the issuance of building permits.
• The property is 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 before 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 CBC before building permit issuance.
Water Quality
• The property is located within 250 feet of coastal waters. A Construction Erosion
Control Plan was provided to implement temporary Best Management Practices
(BMPs) during construction to minimize erosion and sedimentation and to minimize
pollution of runoff and coastal waters derived from construction chemicals and
materials. The project design also addresses water quality through the inclusion of a
post-construction drainage system that includes drainage and percolation features
designed to retain dry weather and minor rain event runoff on-site. Any water not
retained on-site is directed to the City’s storm drain system.
Public Access and Views
• The project site is not located adjacent to a coastal view road or Coastal Viewpoint
as identified in the Coastal Land Use Plan. The nearest Coastal Viewpoint is on
Newport Island approximately 1,200 feet away and is not visible from the site. The
site is located adjacent to Seashore Drive, which serves as lateral access and
provides intermittent views of the beach where it intersects with street ends. As
currently developed, the existing property and other residences along Seashore
Drive impede views of the ocean from Seashore Drive and provide very limited
opportunities to see the beach through narrow side yard setbacks. The subject lot is
located in the middle of the block, and existing views of the beach are available along
the 35th and 34th Street ends. The proposed project would not block any existing
views through the project site. Additionally, the proposed single-unit dwelling and
JADU comply with all applicable Local Coastal Program (LCP) development
standards and maintains a building footprint consistent with the anticipated
neighborhood pattern of development in the VE Flood Zone.
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• Additionally, the rear of the residence visible from Seashore Drive includes
substantial architectural treatment and visual interest, in-keeping with the design
guidelines of the NBMC, specifically Section 21.30.100 (Scenic and Visual Quality
Protection). The existing structure includes minimal architectural treatment, with a
relatively solid building face and garage doors. There are no notable architectural
features, or setbacks or “see through” elements that reduce scale. The project design
also includes “see through” elements such as open balcony railings that prevent the
appearance of the site being walled off from the street. Lastly, the first floor is also
setback approximately 6 feet from Seashore Drive, where no setback is required,
reducing the appearance of bulk from the street. Therefore, the project does not have
the potential to degrade the visual quality of the Coastal Zone or result in significant
adverse impacts to existing public views.
• The project site is located in the viewshed of the public beach, which is not a
designated viewpoint but provides scenic views of the ocean. The project will
replace an existing two (2)-unit dwelling with a new single-unit dwelling and JADU
that complies with all applicable development standards. The required front
setback along the front property line abutting the boardwalk is 5 feet, where the
proposed project provides approximately 12 feet to the first-floor building face. The
project also includes a patio slightly above the ground level that provides a gradual
increase in scale from the boardwalk to the approximately 3-foot-deep balcony and
principal structure. The project proposes a third-floor level, which is set back
approximately 20 feet from the front setback along the boardwalk where the NBMC
requires 15 feet. The greater setbacks would minimize the appearance of bulk and
scale from the adjacent beach, neighboring properties, and street. The project
would be constructed with a finished floor that is approximately 5 feet above the
existing beach elevation and the overall height of the structure will appear higher
than neighboring properties. However, as the other 165 properties along the beach
from 24th Street to 48th street redevelop, they will also be required to comply with
the VE Flood Zone construction standards that necessitate raised foundations on
caissons. 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.
• Vertical access to the beach is available at the 34th and 35th Street ends. Lateral
access is available on the beach in front of the property and along Seashore Drive to
the rear of the property. The project does not involve the removal or creation of
additional street parking spaces. The project design does not include any unique
features in the rear of the property that could obstruct access or create hazards for
the motorists or pedestrians on Seashore Drive. The first-floor garage is setback
approximately 6 feet from the property line, which would allow the residents additional
visibility to the bike lane and street as they enter and exit the garage.
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ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) under Section
15303 Class 3 (New Construction of 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.
Class 3 exempts the demolition of up to three (3) single-family residences and
construction of up to six dwelling units in urbanized areas. The proposed project consists
of the demolition of one two-family residence and the construction of a new 3,221-square-
foot, single-family residence and JADU, with an attached 426-square-foot, two -car
garage. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that
would invalidate the use of this exemption. The project location does not impact an
environmental resource of hazardous or critical concern, does not result in cumulative
impacts, does not have a significant effect on the environment due to unusual
circumstances, does not damage scenic resources within a state scenic highway, is not
a hazardous waste site, and is not identified as a historical resource.
PUBLIC NOTICE
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 by the provisions of Title 21 (Local Coastal Program [LCP]
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 (Appeal
to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
______________________________
Liz Westmoreland, Senior Planner
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JM/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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01-10-2023
RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING A COASTAL
DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING TWO-
UNIT RESIDENCE AND CONSTRUCT A NEW THREE-STORY
SINGLE-UNIT DWELLING AND JUNIOR ACCESSORY
DWELLING UNIT (JADU) AND ATTACHED TWO-CAR GARAGE
LOCATED AT 3405 AND 3405 ½ SEASHORE DRIVE (PA2022-
130)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by David Olson, concerning property located at 3405 and 3405 ½
Seashore Drive and legally described as Lot 3 of Block 34 of Newport Beach Tract,
requesting approval of a coastal development permit.
2. The applicant requests a coastal development permit (CDP) to allow for the demolition of
an existing two-story, two-unit dwelling with attached garages, and construction of a new
3,221-square-foot, three-story, single unit dwelling including a 381 square foot JADU and
a 426-square-foot two-car garage. The project includes hardscape, drainage, and
accessory structures all within the confines of the property. The project is located in the VE
Special Flood Hazard Area ("VE Zone"), and includes a raised foundation supported by
caissons to meet the minimum finished floor requirements of the Special Flood Hazard
Area. The project complies with all development standards and no deviations are
requested. All improvements authorized by this CDP will be located on private property.
3. The subject property is designated RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-E Two Unit Residential – (30.0-39.9 DU/AC) and it is located within the R-
2 (Two-Unit Residential) Coastal Zone District.
5. A public hearing was held on November 16, 2023, online via Zoom. A notice of the time,
place, and purpose of the hearing was given by 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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01-10-2023
2. Class 3 exempts the demolition of up to three (3) single-family residences and
construction of up to six dwelling units in urbanized areas. The proposed project consists
of the demolition of one two-family residence and the construction of a new 3,221-
square-foot, single-family residence and JADU, with an attached 426-square-foot, two -
car garage.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
By Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the 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 the applicable residential development
standards including, but not limited to, floor area limitation, setbacks, height, and
parking.
a. The maximum floor area limitation is 3,688 square feet and the proposed floor area
is 3,653 square feet.
b. The proposed development provides the minimum required setbacks, which are 5
feet along the front property line abutting the Boardwalk, 3 feet along each side
property line, and 0 feet along the second front property line abutting Seashore
Drive.
c. The highest guardrail is less than 24 feet from the established grade (17.5 feet
NAVD88) and the highest ridge is no more than 29 feet from the established grade,
which complies with the maximum height requirements. Pursuant to Section
21.30.060 (B) (Height Limits and Exceptions – Height of Structures and
Measurement) of the NBMC, the minimum required top of slab elevation for interior
living areas of all new development within flood hazard areas shall be as
established by the Flood Insurance Rate Maps recognized by the Building Division
as part of flood safety requirements and maps adopted by the City Council. The
subject property is located in the VE-15 Flood Zone and the minimum top of slab
elevation is required to be a minimum of 17.5 feet NAVD88. Pursuant to 21.30.060
(B) (Height Limits and Exceptions – Height of Structures and Measurement), the
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01-10-2023
height of a principal structure shall be measured from the top of slab elevation.
Therefore, the established grade for the subject property is 17.5 feet NAVD88, and
the maximum elevation allowed for a guardrail or flat roof is 41.5 feet NAVD88 and
46.5 feet NAVD88 for a sloping roof (minimum 3:12 pitch).
d. The project includes garage parking for a total of two vehicles, complying with the
minimum two-car garage parking requirement for single-family residences with less
than 4,000 square feet of habitable floor area. No additional parking is required
JADUs.
2. The neighborhood is predominantly developed with two and three-story, single-unit
residences. The project would be constructed with a finished floor that is approximately
5 feet above the existing beach elevation and the overall height of the structure will
appear higher than neighboring properties. However, as the other 165 properties along
the beach from 24th Street to 48th Street redevelop, they will also be required to comply
with the VE Flood Zone construction standards that necessitate raised foundations on
caissons. Several other projects have been approved with raised foundations along
Seashore Drive. Therefore, the proposed design, bulk, and scale of the development
are consistent with the anticipated neighborhood pattern of development.
3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc.,
dated June 10, 2022, for the project. The report concludes that the project will be
reasonably safe from wave overtopping and future sea level rise. The estimates assume
an approximate 3.2-foot increase from sea level rise over the next 75 years (i.e. the life
of the structure). The maximum water elevation is 7.7 feet (NAVD88), therefore the
future sea level is estimated to reach approximately 10.9 feet (NAVD88) (the likely range
for sea level rise over 75-year design life of the structure based on low risk aversion
estimates for sea level rise provided by the State of California, Sea Level Rise Guidance:
2018 Update). The finished floor elevation of the first floor of the proposed structure is
approximately 17.5 feet (NAVD88), which complies with the minimum 9.0-foot
(NAVD88) elevation standard for new structures and exceeds the minimum
requirements for future sea level rise (10.9 feet NAVD88).
4. The Coastal Hazards Report and Sea Level Rise Analysis also evaluates the potential
for shoreline erosion and wave action at the site. The report concludes that future wave
runup will likely not reach the site under severely eroded beach conditions and extreme
storms. The report states that this section of Newport Beach does experience short term
erosion, but that the erosion is temporary and largely the result of an energetic winter.
The report concludes that the sandy beach in front of the property is typically over 250
feet wide and has provided adequate protection for the property over the last several
decades. The proposed development will not need shoreline protection over the life of
the development.
5. Prior to the issuance of a building permit, the project would be reviewed for compliance
with building code and FEMA standards. The VE Flood Zone mapped for the site
requires a base flood elevation (BFE) of 15 feet NAVD88, and the City requires an
additional one foot of “freeboard” to the bottom of the lowest horizontal structural
member. Therefore, the project has been designed with a raised finished floor of
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approximately 17.25 feet (NAVD88). The residential structure is also required to have a
pile foundation. Although unlikely to occur at the project site over the life of the
development, the structure has been designed to withstand potential wave action in
compliance with the FEMA VE Flood Zone standards and the associated requirements
of the NBMC.
6. Under NBMC Section 21.30.030(C)(3)(i)(iv) (Development Standards – Protective
Structures), the property owner will be required to agree 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).
This requirement is included as a condition of approval that will need to be satisfied before
the final building permit inspection, respectively.
7. 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) (Waterfront Development –
Development Standards). This requirement is included as a condition of approval that will
need to be satisfied before the issuance of building permits, respectively.
8. The property is 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 before 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 CBC before building permit issuance.
9. The property is located within 250 feet of coastal waters. A Construction Erosion Control
Plan was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived from construction chemicals and materials. The project design also
addresses water quality through the inclusion of a post-construction drainage system that
includes drainage and percolation features designed to retain dry weather and minor rain
event runoff on-site. Any water not retained on-site is directed to the City’s storm drain
system.
10. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant
species. Before the issuance of building permits, the final landscape plans will be
reviewed to verify invasive species are not planted.
11. The project proposes to demolish the existing duplex and construct a new single-unit
dwelling and JADU. As a result, the project complies with the Housing Crisis Act of 2019
and Senate Bill 8 (Skinner) because it does not result in the loss of residential density. The
State Department of Housing and Community Development (HCD) has verified with the
City in an email dated March 23, 2022, that a JADU is considered a housing unit under
Government Code Section 66300 provisions to replace existing units. The property owner
has certified that the units are not "protected" units under Section 66330 Subdivision
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(d)(2). The project is consistent with the General Plan, Local Coastal Program, and
Zoning designations that allow the single-unit dwelling and JADU land uses. Under the
Coastal Land Use Plan Table 2.1.1-1, the Two Unit Residential (RT-E) category is
intended for single- and two-unit residential development. Section 21.18.020 of the Local
Coastal Program Implementation Plan shows “Single-Unit Dwellings” and “Accessory
Dwelling Units” as allowed uses in the R-2 Coastal Zoning District. Therefore, the project
of a single-unit dwelling and JADU to replace an existing duplex is consistent with the
R-2 zoning and land use designations, does not result in a loss of residential density,
and will not affect the City in meeting its regional housing needs.
12. The project site is not located adjacent to a coastal view road or Coastal Viewpoint as
identified in the Coastal Land Use Plan. The nearest Coastal Viewpoint is on Newport
Island approximately 1,200 feet away and is not visible from the site. The site is located
adjacent to Seashore Drive, which serves as lateral access and provides intermittent views
of the beach where it intersects with street ends. As currently developed, the existing
property and other residences along Seashore Drive impede views of the ocean from
Seashore Drive and provide very limited opportunities to see the beach through narrow
side yard setbacks. The subject lot is located in the middle of the block, and existing views
of the beach are available along the 35th and 34th Street ends. The proposed project would
not block any existing views through the project site. Additionally, the proposed single-unit
dwelling and JADU comply with all applicable Local Coastal Program (LCP) development
standards and maintains a building footprint consistent with the anticipated neighborhood
pattern of development in the VE Flood Zone.
13. Additionally, the rear of the residence visible from Seashore Drive includes substantial
architectural treatment and visual interest, in-keeping with the design guidelines of the
NBMC, specifically Section 21.30.100 (Scenic and Visual Quality Protection). The existing
structure includes minimal architectural treatment, with a relatively solid building face and
garage doors. There are no notable architectural features, or setbacks or “see through”
elements that reduce scale. The project design also includes “see through” elements such
as open balcony railings that prevent the appearance of the site being walled off from the
street. Lastly, the first floor is also setback approximately 6 feet from Seashore Drive,
where no setback is required, reducing the appearance of bulk from the street. Therefore,
the project does not have the potential to degrade the visual quality of the Coastal Zone or
result in significant adverse impacts to existing public views.
14. The project site is located in the viewshed of the public beach, which is not a designated
viewpoint but provides scenic views of the ocean. The project will replace an existing
two (2)-unit dwelling with a new single-unit dwelling and JADU that complies with all
applicable development standards. The required front setback along the front property
line abutting the boardwalk is 5 feet, where the proposed project provides approximately
12 feet to the first-floor building face. The project also includes a patio slightly above the
ground that provides a gradual increase in scale from the boardwalk to the
approximately 3-foot-deep balcony and principal structure. The project proposes a third-
floor level, which is set back approximately 20 feet from the front setback along the
boardwalk where the NBMC requires 15 feet. The greater setbacks would minimize the
appearance of bulk and scale from the adjacent beach, neighboring properties, and
street. The project would be constructed with a finished floor that is approximately 5 feet
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above the existing beach elevation and the overall height of the structure will appear
higher than neighboring properties. However, as the other 165 properties along the
beach from 24th Street to 48th street redevelop, they will also be required to comply with
the VE Flood Zone construction standards that necessitate raised foundations on
caissons. 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.
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.
Fact in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access bear
a reasonable relationship between the requirement and the project’s impact and be
proportional to the impact. In this case, the project replaces an existing two-unit dwelling
located on a standard R-2 lot with a new single-unit residence and JADU. Therefore, the
project does not involve a change in land use, density, or intensity that will result in
increased demand for public access and recreation opportunities. Furthermore, the project
is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede
existing public access opportunities.
2. Vertical access to the beach is available at the 34th and 35th Street ends. Lateral access is
available on the beach in front of the property and along Seashore Drive to the rear of the
property. The project does not involve the removal or creation of additional street parking
spaces. The project design does not include any unique features in the rear of the property
that could obstruct access or create hazards for the motorists or pedestrians on Seashore
Drive. The first-floor garage is setback approximately 6 feet from the property line, which
would allow the residents additional visibility to the bike lane and street as they enter and
exit the garage.
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 under 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.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit (PA2022-130), subject to the conditions outlined in Exhibit “A,” which
is attached hereto and incorporated by reference.
14
Zoning Administrator Resolution No. ZA2023-###
Page 7 of 11
01-10-2023
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 by the provisions of Title 21 Local Coastal Program
(LCP) 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 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF NOVEMBER, 2023.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
15
Zoning Administrator Resolution No. ZA2023-###
Page 8 of 11
01-10-2023
EXHIBIT “A”
CONDITIONS OF APPROVAL
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. Prior to issuance of building permits, the Junior Accessory Dwelling Unit (JADU) shall
require a deed restriction that prohibits the sale of the JADU separately and prohibits
rental or leasing of the JADU for 30 days or less. The deed restriction will also require
the owner of the Property to reside in either the primary dwelling or in the JADU. Owner
occupancy is not required if the owner is another governmental agency, land trust, or
housing organization within the meaning of Government Code 65852.22.
3. Before the 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.
4. Before 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
claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs, and expenses (including without limitation,
attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever
which may arise from or in any manner relate (directly or indirectly) to City’s approval of
the development. This letter shall be scanned into the plan set before building permit
issuance.
5. This approval does not authorize any new or existing improvements (including
landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches,
or the public right-of-way. This Coastal Development Permit does not authorize any
development seaward of the private property.
6. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter the sensitive habitat, receiving waters, or storm
drains or result in impacts to environmentally sensitive habitat areas, streams, the
beach, wetlands, or their buffers. No demolition or construction materials shall be stored
on public property.
7. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
16
Zoning Administrator Resolution No. ZA2023-###
Page 9 of 11
01-10-2023
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 under MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
8. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented before and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
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. Stockpiles 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 of in proper trash and recycling receptacles at the
end of each construction day. Solid waste, including excess concrete, shall be disposed
of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
12. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
13. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
14. The applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused by the revocation of this
Coastal Development Permit.
17
Zoning Administrator Resolution No. ZA2023-###
Page 10 of 11
01-10-2023
15. 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 are detrimental to the public health, and welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained to constitute a public nuisance.
16. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
17. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to review and approval by the Building Division.
18. Prior to the issuance of a building permit, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
19. Prior to the issuance of a building permit, 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.
20. All landscape materials and irrigation systems shall be maintained by 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.
21. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise-generating construction activities that produce noise to between the hours of 7:00
a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are
not allowed on Saturdays, Sundays, or Holidays.
22. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control) and other applicable noise control requirements of the
Newport Beach Municipal Code. The maximum noise shall be limited to no more than
depicted below for the specified periods unless the ambient noise level is higher:
Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
18
Zoning Administrator Resolution No. ZA2023-###
Page 11 of 11
01-10-2023
23. Before the issuance of the building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
24. 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 the current
property owner or agent.
25. This Coastal Development Permit filed as PA2022-130 shall expire unless exercised within
24 months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
26. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and
expenses (including without limitation, attorney’s fees, disbursements, and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City’s approval of Harmon Residence including but not limited to,
Coastal Development Permit (PA2022-130). This indemnification shall include, but not
be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and
other expenses incurred in connection with such claim, action, causes of action, suit, or
proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys'
fees, and damages, which the City incurs in enforcing the indemnification provisions
outlined in this condition. The applicant shall pay to the City upon demand any amount
owed to the City under the indemnification requirements prescribed in this condition.
19
Attachment No. ZA 2
Vicinity Map
20
VICINITY MAP
Coastal Development Permit
PA2022-130
3405 and 3405 ½ Seashore Drive
Subject Property
Subject Property
21
Attachment No. ZA 3
Project Plans
22
23
N52°52'16"E 101.52'
N52°52'06"E 102.57'
N3
9
°
3
5
'
3
0
"
W
2
5
.
0
2
'
N3
7
°
1
1
'
2
5
"
W
2
5
.
0
1
'
5'-0"setback
3'-0
"
setb
a
c
k
3'-0
"
set
b
a
c
k
se
a
s
h
o
r
e
d
r
i
v
e
bo
a
r
d
w
a
l
k
adjacent residence
adjacent residence
E
EGdn
dn
dn
dn
CONCORDECLIPSE3648 TYPE 3
garagecrawlspace
elev.stairopen
stair
landingabove
up
a4.1
a
b
a4.1
a4.1
a
b
a4.1
d a4.2
up
up (7.5:10.75)
ca4.2 f a4.2 g a4.2e a4.2
patio
(7:11)
(7.75:10)
(not to be used forstorage)
6'-11 1/2"
5'-0 1/4"
1'-11 3/4"
2"
E
EG
CONCORDECLIPSE3648 TYPE 3
garagecrawlspace
elev.stairopenstair
landing
above
up
a4.1
a
b
a4.1
a4.1
a
b
a4.1
d a4.2
up
up (7.5:10.75)
c a4.2 f a4.2 g a4.2e a4.2
patio
(7:11)
(7.75:10)
(not to be used forstorage)
expansion joint
expansion joint
5'-6 1/2"21'-3"
26'-4 1/2"
18'-
9
"
16'-
9
"
1'-
0
"
5'-4
1
/
2
"
4'-8
1
/
2
"
4'-8
1
/
2
"
F.S. = 12.16slope 2%
F.S. = 12.36
T.O.C. = 12.66
1'-3
"
3"
3'-2
1
/
2
"
1'-0
"
T.O.C. = 12.66
5'-1 1/2"
6"
6"
8"
3'-0
"
1'-0
1
/
2
"
6"
6"
8"
F.S. = 11.57
E
EGdn
dn
dn
dn
CONCORDECLIPSE3648 TYPE 3
garagecrawlspace
elev.stairopenstair
landingabove
upup
up (7.5:10.75)
patio
(7:11)
(7.75:10)
(not to be used forstorage)
1017 sf 470 sf
334 SF
167 SF LANDSCAPE
158 SF
246 SF
1520 sf
footprint
78 SF
DESCRIPTIONISSUE DATE
4
7
0
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,
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a
9
2
6
1
8
(94
9
)
4
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0
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9
3
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JOB NO.
IN-HOUSE DROA
2108
PLAN CHECK : PC2022-2627
PLOT DATE 8/10/23
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2
6
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3
ALL DRAWINGS, DESIGNS AND WRITTEN MATERIALAPPEARING HEREIN CONSTITUTE THE ORIGINAL ANDUNPUBLISHED WORK OF DAVID R OLSON ARCHITECTSAND THE SAME SHALL NOT BE DUPLICATED, USED,OR ASSIGNED TO ANY THIRD PARTY WITHOUT THEWRITTEN CONSENT OF DAVID R. OLSON ARCHITECTS.
06/07/22CITY SUB 1
1 10/18/22CDP SUB 2/CITYSUB 1
2 5/26/23CDP SUB3/CITYSUB 2
3 8/10/23CDP SUB4/CITYSUB 3
4 10/27/23CITYSUB 4
A1.1
site & slab edgeplans
L
K
J
H
G
F
E
D
C
B
A
site plan general notes
REFER TO CIVIL ENGINEERING PLANS FOR EXACT BUILDING LOCATIONS, GRADING,DRAINAGE, FLOWLINES, GUTTERS, CURBS, ETC.
REFER TO LANDSCAPE PLANS FOR LANDSCAPE, SITE IRRIGATION, HARDSCAPE WALLS,GATES, POOL AND FOUNTAIN FEATURES, EXTERIOR SCULPTURE PEDESTALS, EXTERIOREQUIPMENT LOCATIONS (CONDENSING UNITS, ETC.), SITE LIGHTING, ETC. NOT A PART
REFER TO CIVIL ENGINEERING PLANS FOR EXISTING UTILITY LOCATIONS, FIELD VERIFY
REFER TO UTILITY PLAN FOR HOSE BIBBS/BBQ GAS STUB OUTS
METER LOCATIONS ARE APPROXIMATE; DESIGN BUILD SUBCONTRACTOR TO FIELD VERIFYEXACT LOCATION AND TO RECEIVE APPROVAL FROM THE APPROPRIATE UTILITY COMPANYIN REGARD TO LOCATIONS (CONDENSING UNITS, ETC.), SITE LIGHTING, ETC.
FRONT PROPERTY CORNERS TO BE LOCATED PRIOR TO CONSTRUCTION.
POOLS, SPAS, WALLS, FENCES, PATIO COVERS AND OTHER FREESTANDING STRUCTURESREQUIRE SEPARATE REVIEWS AND PERMITS.
ELECTRICAL SERVICE TO BE UNDERGROUND IF SERVICE IS RELOCATED OR A NEWSERVICE IS INSTALLED.
GRADING INSPECTOR IS TO BE CONTACTED TO SCHEDULE A SITE PRE-CONSTRUCTIONMEETING 48 HRS PRIOR TO START OF GRADING OR CONSTRUCTION.
ELECTRIC COMPANY APPROVAL IS REQUIRED FOR METER LOCATION PRIOR TOINSTALLATION.
FIELD INSPECTORS TO REVIEW AND APPROVE UNDERGROUND SERVICE REQUIREMENTPRIOR TO CONCRETE PLACEMENT.
EXISTING PROPERTY LINE
IN-WALL DRAIN - TIE TO CIVIL SYSTEM
NEW HARDSCAPE WITH SLOPE TO DRAIN PER CIVIL
PLANTER AREA
EXISTING PUBLIC SIDEWALK AND CURB
PROPERTY LINE FENCE / WALL PER CIVIL DRAWINGS. MAXIMUM HEIGHT NOT TO EXCEED 6'ABOVE EXISTING SURFACE. ENTIRE FENCE/WALL TO BE ON THIS PROJECT'S PROPERTY
DASHED LINES INDICATE BUILDING SETBACK LINE TO FACE OF FINISH
DEMO ALL EXISTING HARDSCAPE, LANDSCAPE, SITE DRAINAGE, IRRIGATION AND PLANTMATERIAL COMPLETE TO PREPARE FOR NEW
GAS METER LOCATION
MECHANICAL EQUIPMENT LOCATION PER CIVIL
ELECTRICAL METER LOCATION - VERIFY WITH CIVIL
SEWER LATERAL LOCATION - VERIFY WITH CIVIL
UTILITIES AS NOTED - VERIFY WITH CIVIL
AUTOMATICALLY ILLUMINATED BUILDING ADDRESS NUMBERS
S17 NEW GATE
site plan keynotes
S16
S15
S14
S13
S12
S11
S10
S9
S8
S7
S6
S5
S4
S3
S2
S1
S18
S19 EXISTING WALL WITH NEIGHBORING PROPERTY TO REMAIN
S20 NEW STEPS PER LANDSCAPING - VERIFY WITH CIVIL
S21 NEW 42" BREAKAWAY SITEWALL
S22 NEW CONDENSING UNIT
S23 TRASH AREA
LINE OF FLOOR ABOVE
DOWNSPOUT-TIE TO CIVIL SYSTEM
M A CAL-OSHA PERMIT IS REQUIRED FOR EXCAVATIONS DEEPER THAN 5' AND FOR SHORINGAND UNDERPINNING."
N POOLS, SPAS, FENCES, PATIO COVERS, AND OTHER FREESTANDING STRUCTURESREQUIRE SEPARATE REVIEWS AND PERMITS.
O FENCES, HEDGES, WALLS, RETAINING WALLS, GUARDRAILS AND HANDRAILS OR ANYCOMBINATION THEREOF SHALL NOT EXCEED 42" FROM EXISTING GRADE PRIOR TOCONSTRUCTION WITHIN THE REQUIRED SETBACK AREA(S).
NOT USED
site plan
1/4"=1'-0"
A
crawlspace / garage slab edge plan B
1/4"=1'-0"
S1 S1
S1S1S1
S1
5
S6
S6
S7S7
S7S7
S17
S16
S16
S16 S20
S3
S3S3
S4
1
1
1
S21
T.W.=14.55N.G.=11.05
F.S.=11.71N.G.=11.07
T.W.=14.55N.G.=11.05
S5
S14
S14
2
F.S.=13.50N.G.=12.67
F.S.=13.0E.G.=12.54
F.S.=13.66N.G.=12.54
F.S.=12.7N.G.=12.5
F.S.=12.90N.G.=12.75
slope 2%
S23
FLOOD VENT CALC
1 SQ IN. OF VENT AREA PER 1 SFOF ENCLOSED AREA PER ASCE24-14 2.7.2.1 FORNON-ENGINEERED OPENINGS
CRAWLSPACE
AREAFLOOR
470 SFGARAGE
1,017 SF
AREA PROPOSEDREQUIRED VENT AREA
8.5x14.5" VENT - 123 SQ. INVENT AREA PER VENT
470 SI (1)
1,017 SI (1)
REQUIRED NUMBER VENTS
3.82
8.27
4
9
flood vent calc / impervious area
8.5x14.5" FLOOD VENT
3
3
4
3
3
3
3
3
NORTH SIDEYARD = 329 SFBUILDING FOOTPRINT = 1,520 SF
SOUTH YARD = 78 SFREAR PATIO = 246 SFDRIVEWAY = 158 SF
TOTAL IMPERVIOUS = 2,389 SF
LOT SIZE = 2,551 SF
SIDEYARD WALLS = 58 SF
4
4
4
24
DESCRIPTIONISSUE DATE
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JOB NO.
IN-HOUSE DROA
2108
PLAN CHECK : PC2022-2627
PLOT DATE 8/10/23
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ALL DRAWINGS, DESIGNS AND WRITTEN MATERIALAPPEARING HEREIN CONSTITUTE THE ORIGINAL ANDUNPUBLISHED WORK OF DAVID R OLSON ARCHITECTSAND THE SAME SHALL NOT BE DUPLICATED, USED,OR ASSIGNED TO ANY THIRD PARTY WITHOUT THEWRITTEN CONSENT OF DAVID R. OLSON ARCHITECTS.
06/07/22CITY SUB 1
1 10/18/22CDP SUB 2/CITYSUB 1
2 5/26/23CDP SUB3/CITYSUB 2
3 8/10/23CDP SUB4/CITYSUB 3
4 10/27/23CITYSUB 4
T1.2
3d images
25