HomeMy WebLinkAbout04_Andry Residence CDP_PA2023-0150CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 14, 2023
Agenda Item No. 4
SUBJECT: Andry Residence (PA2023-0150)
Coastal Development Permit
SITE LOCATION: 31 Beacon Bay
OWNER: Donte Andry
PLANNER: Daniel Kopshever, Assistant Planner
949-644-3235, dkopshever@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
General Plan: RT (Two Unit Residential)
Zoning District: R-2 (Two-Unit Residential)
Coastal Land Use Designation: RT-C (Two Unit Residential) (10.0 – 19.9 DU/AC)
Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing two-story residential single unit dwelling and the construction of a new 3,662 square
foot three-story residential dwelling unit with a 649 square-foot attached garage, and a 703
square-foot internal Accessory Dwelling Unit. The project complies with all applicable
development standards and no deviations are requested. The proposed development
includes additional appurtenances such as walls, fences, patios, hardscape, drainage
devices, and landscaping. 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 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 the Coastal
Development Permit filed as PA2023-0150 (Attachment No. ZA 1).
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Andry Residence (PA2023-0150)
Zoning Administrator, December 14, 2023
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DISCUSSION
Land Use and Development Standards
The subject property is in the R-2 Coastal Zoning District, which provides for two-unit
residential development and is consistent with the City’s Coastal Land Use Plan,
General Plan, and Zoning Code. A CDP is required, and the property is not eligible
for a waiver for de minimis development because the property is in the Appeal Area.
The property currently consists of one legal lot developed with a single-unit dwelling.
The neighborhood is predominantly developed with two-story, single-unit
dwellings. However, some of the newer residences have a rooftop deck and a
partial third story. The proposed design, bulk, and scale of the development are
consistent with the existing neighborhood pattern of development and the
expected future development is consistent with applicable development standards.
The proposed single-unit dwelling will comply with all applicable development
standards, including floor area limit, height, and off-street parking as evidenced by
the project plans and illustrated in Table 1 below. A condition of approval is included
in the draft resolution to revise the design of the elevator to comply with the height
standards of Section 21.30.060 (Height Limits and Exceptions) of the Newport Beach
Municipal Code (NBMC).
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Reef Cove) 10 feet 10 feet
Front (Schooner Road) 5 feet 5 feet
Side 4 feet 4 feet
Allowable Floor Area (max.) 6,105 square feet 5,014 square feet
Open Space (min.) 458 square feet 562 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
Third Floor Area (max.) 458 square feet 446 square feet
Third Floor Coverage (max.) 1526 square feet 477 square feet
Hazards
The finished floor elevation of the proposed single-unit dwelling is 11.06 feet
(NAVD 88) which complies with the minimum 9.00-foot (NAVD 88) elevation
standard.
The Property is approximately 261 feet from Promontory Bay and is separated from
the bayfront by Harbor Island Drive and three rows of existing residential
development. The identified distances from the coastal hazard areas coupled with
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Andry Residence (PA2023-0150)
Zoning Administrator, December 14, 2023
Page 3
the 11.06-foot NAVD88 finish floor elevation will help to ensure the project is
reasonably safe for the economic life of the structure.
The property is in an area known for the potential of seismic activity and liquefaction.
A project-specific Geotechnical Investigation was prepared by R McCarthy
Consulting dated August 15th, 2023 and provides recommendations relative to
grading, drainage and foundation design. 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 the
CBC before building permit issuance.
Water Quality
The property is not located on the shoreline nor is it located within 100 feet of coastal
waters. The project design addresses water quality with a construction erosion
control plan and a post construction drainage system that includes drainage and
percolation features designed to retain dry weather and minor rain event run-off on-
site. Any water not retained on-site is directed to the City’s storm drain system. No
water quality impacts to coastal waters are anticipated based upon the location
and elevation of the property.
Public Access and Views
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 single-unit
residence located on a standard R-2 lot with a new single-unit residence and ADU.
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. Therefore, the project
will not affect the public’s ability to gain access to, use, and/or view the coast and
nearby recreational facilities.
The residential lot does not currently provide, nor does it inhibit public coastal access.
The property is located approximately 411 feet from the public beach and vertical
coastal access is provided along several streets within the neighborhood. The
nearest vertical access point is located at the Reef Cove street-end. Lateral access
is available via a public beach fronting Balboa Island Channel.
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Andry Residence (PA2023-0150)
Zoning Administrator, December 14, 2023
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The nearest Public Viewpoint is located in the parking lot of 829 Harbor Island
Drive, viewing the entrance of the Harbor, approximately 950 feet from the
property. The proposed residence is not located near Coastal View Roads, as
designated in the Coastal Land Use Plan. Due to the distance of the proposed
development from identified Public Viewpoints and the project’s compliance with
height and setbacks, the project will not impact existing coastal views.
The neighborhood is predominantly developed with two-story, single-unit
dwellings. However, some of the newer residences have a rooftop deck and a
partial third story. The proposed design, bulk, and scale of the development are
consistent with the existing neighborhood pattern of development.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) 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.
Class 3 exempts the demolition, construction, or conversion of up to three single-family
residences in urbanized areas. The proposed project consists of the demolition of an
existing two-story single-unit dwelling and the construction of a new 3,662 square foot three-
story single-unit dwelling with a 649 square-foot detached garage, and a 703 square foot
internal Accessory Dwelling Unit. Therefore, the project qualifies within this exemption.
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:
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Andry Residence (PA2023-0150)
Zoning Administrator, December 14, 2023
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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:
Attachments: ZA 1 Vicinity Map
ZA 2 Draft Resolution
ZA 3 Project Plans
55
Attachment No. ZA 1
Vicinity Map
66
VICINITY MAP
Andry Residence Coastal Development Permit
(PA2023-0150)
31 Beacon Bay
Subject Property
Subject Property
77
Attachment No. ZA 2
Draft Resolution
88
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 SINGLE-
UNIT DWELLING AND CONSTRUCT A NEW SINGLE-UNIT DWELLING WITH AN ATTACHED 2-CAR GARAGE AND ACCESSORY DWELLING UNIT AT 31 BEACON BAY (PA2023-0150)
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 Dilettoso of Mesa Studio (“Applicant”), on behalf of Donte Andry (“Owner”), with respect to property located at 31 Beacon Bay, requesting approval of a coastal development permit. 2. The property is legally described as Parcel 31, of Record of Survey RS_009_42-43
(“Property”).
3. The Applicant is requesting a coastal development permit (CDP) to allow the demolition of an existing two-story residential single unit dwelling and the construction of a new 3,662
square foot three-story residential dwelling unit with a 649 square-foot attached garage, and a 703 square foot internal Accessory Dwelling Unit. The project complies with all applicable development standards and no deviations are requested. The proposed development includes additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. All improvements authorized by this CDP will be
located on private property. 4. The subject property is designated Two Unit Residential (RT) by the General Plan Land Use Element and is located within the Two-Unit Residential (R-2) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two Unit Residential (RT-C) (10.0 – 19.9 DU/AC) and it is located within the Two-Unit Residential (R-2) Coastal Zoning District. 6. A public hearing was held on December 14, 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
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Zoning Administrator Resolution No. ZA2023-###
Page 2 of 7
01-10-2023
Conversion of Small Structures) because it has no potential to have a significant effect on
the environment.
2.Class 3 exempts the demolition, construction, or conversion of up to three single-familyresidences in urbanized areas. The proposed project consists of the demolition of an
existing single-unit residence and the construction of a new three-story 4,311 square foot
single-unit residence with an attached 2-car garage and an internal 703 square foot ADU.
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 withina state scenic highway, is not a hazardous waste site, and is not identified as a historicalresource.
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 project complies with applicable residential development standardsincluding, but not limited to, floor area limitation, setbacks, height, and parking.
2.The maximum floor area limitation is 6,105 square feet and the proposed floor area isapproximately 5,014 square feet.
3.The proposed project provides the minimum required setbacks, which are 5 feet along
the front property line abutting Schooner Road, 4 feet along each side property line, and10 feet along the property line abutting Reef Cove.
4.The highest guardrail is less than 24 feet from the established grade (10.33 feetNAVD88) 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
(D)(6) (Height Limits and Exceptions) and Condition of Approval No. 4, the projectdesign shall be revised to provide an elevator that complies with the maximum height of29 feet (for elevators 30 square feet or less).
5.The project includes a new 649 square foot garage for the parking of two vehicles,
complying with the minimum two-car garage parking requirement for single-unit
dwellings with less than 4,000 square feet of habitable floor area.
6.The neighborhood is predominantly developed with two-story, single-unit dwellings.However, some of the newer residences have a rooftop deck and a partial third story.
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Zoning Administrator Resolution No. ZA2023-###
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01-10-2023
The proposed design, bulk, and scale of the development are consistent with the existing
neighborhood pattern of development. 7. The finished floor elevation of the proposed single-unit dwelling is 11.06 feet (NAVD 88) which complies with the minimum 9.00-foot (NAVD 88) elevation standard.
8. The property is approximately 261 feet from Promontory Bay and is separated from the bayfront by Harbor Island Drive and three rows of existing residential development. The identified distances from the coastal hazard areas coupled with the 11.06-foot NAVD88 finish floor elevation will help to ensure the project is reasonably safe for the economic
life of the structure.
9. The property is in an area known for the potential of seismic activity and liquefaction. A project-specific Geotechnical Investigation was prepared by R McCarthy Consulting dated August 15th, 2023 and provides recommendations relative to grading, drainage and
foundation design. 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 recommendations identified in the investigations. Construction plans are reviewed for
compliance with the recommendations and the CBC before building permit issuance.
10. The property is not located on the shoreline nor is it located within 100 feet of coastal waters. The project design addresses water quality with a construction erosion control plan and a post construction drainage system that includes drainage and percolation features
designed to retain dry weather and minor rain event run-off on-site. Any water not retained
on-site is directed to the City’s storm drain system. No water quality impacts to coastal waters are anticipated based upon the location and elevation of the property. 11. The nearest Public Viewpoint is located in the parking lot of 829 Harbor Island Drive
approximately 950 feet south of the property, with views of the entrance to the Harbor and
Balboa Island. The proposed residence is not located near Coastal View Roads, as designated in the Coastal Land Use Plan. Due to the distance of the proposed development from the identified Public Viewpoints, orientation of views from the viewpoint, and the project’s compliance with height and setbacks, the project will not impact existing
coastal 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
11
Zoning Administrator Resolution No. ZA2023-###
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01-10-2023
to the impact. In this case, the project replaces an existing single-unit residence located on a
standard R-2 lot with a new single-unit residence and ADU. 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. The residential lot does not currently provide, nor does it inhibit public coastal access. The property is located approximately 411 feet from the public beach and vertical coastal access is provided along several streets ends within the neighborhood. The nearest
vertical access point is located at the Reef Cove street-end. Lateral access is available via
a public beach fronting Balboa Island Channel. 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 (PA2023-0150), subject to the conditions outlined 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 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 14TH DAY OF DECEMBER, 2023.
_____________________________________ Ben Zdeba, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA2023-###
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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 the issuance of building permits, the project plans shall be revised to reduce the height of the elevator to comply with the height limits identified in 21.30.060 (Height
Limits and Exceptions) of the NBMC.
3. 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. 4. 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 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. 5. 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.
6. 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.
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Zoning Administrator Resolution No. ZA2023-###
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01-10-2023
7. 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.
8. 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. 9. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
10. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval.
11. 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. 12. 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.
13. Prior to 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.
14. Prior to 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.
15. Prior to issuance of building permits, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans.
16. Prior to 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.
17. 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.
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Zoning Administrator Resolution No. ZA2023-###
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01-10-2023
18. 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 and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays.
19. 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
20. 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.
21. 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.
22. This Coastal Development Permit 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. 23. 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 Andry Residence including but not limited to, Coastal Development Permit (PA2023-0150). 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.
15
Attachment No. ZA 3
Project Plans
1616
OASTCOUTHS
A R C H I T E C T S, I N C.
ALL RIGHTS RESERVED C COPYRIGHT 2023THE PRIOR WRITTEN CONSENT OF SOUTH COAST ARCHITECTSANY OTHER PURPOSE OR DISCLOSED TO OTHERS WITHOUTTHIS DOCUMENT OR ITS CONTENTS MAY NOT BE USED FORFOR THE LIMITED PURPOSE OF EVALUATION, BIDDING ORSOUTH COAST ARCHITECTS AND IS FURNISHED IN CONFIDENCETHIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO
Date:
Drawn By:
Scale:
Job:
Job No.:
Sheet:
ANDRY
JOB#23002
RESIDENCE
1
-31-
2
3
4
5
6
7
Newport Beach, California 92660
APN 050-211-15
Andry Residence
11.09.2023
31 Beacon Bay
-Coastal Development Permit-
NOTE
POOLS, SPAS, WALLS, FENCES, PATIO COVERS, AND OTHERFREESTANDING STRUCTURES REQUIRE SEPARATEREVIEWS AND PERMITS
1717
OASTCOUTHS
A R C H I T E C T S, I N C.
ALL RIGHTS RESERVED C COPYRIGHT 2023THE PRIOR WRITTEN CONSENT OF SOUTH COAST ARCHITECTSANY OTHER PURPOSE OR DISCLOSED TO OTHERS WITHOUTTHIS DOCUMENT OR ITS CONTENTS MAY NOT BE USED FORFOR THE LIMITED PURPOSE OF EVALUATION, BIDDING ORSOUTH COAST ARCHITECTS AND IS FURNISHED IN CONFIDENCETHIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO
Date:
Drawn By:
Scale:
Job:
Job No.:
Sheet:
ANDRY
JOB#23002
RESIDENCE
1
-31-
2
3
4
5
6
7
1818
REEF COVE
N 00° 00' 00" W 44.98'
SCHOONER ROAD
N 00° 00' 00" W 44.98'
31 BEACON BAY
EXISTING 2
STORY
RESIDENCE
(DEMO)
ADJACENT
PROPERTY
30 BEACON BAY
(NOT PART OF
SCOPE)ADJACENT
PROPERTY
32 BEACON BAY
(NOT PART OF
SCOPE)
(E) WATER METER
(E) GAS METER
SEWER C/O
MAGNETIC
N 9
0
°
0
0
'
0
0
"
E
9
7
.
4
5
'
N 9
0
°
0
0
'
0
0
"
E
9
7
.
4
5
'
UTILITY EASEMENT
REEF COVEN 00° 00' 00" W 44.98'
SCHOONER ROAD
N 00° 00' 00" W 44.98'
ADJACENT
PROPERTY
30 BEACON BAY
(NOT PART OF
SCOPE)ADJACENT
PROPERTY
32 BEACON BAY
(NOT PART OF
SCOPE)PROPOSED BUILDING FOOTPRINT
MAGNETIC
10
'
-
0
"
OTHER FRONT SETBACK
FRONT SETBACK
5'-0
"
N 9
0
°
0
0
'
0
0
"
E
9
7
.
4
5
'
31 BEACON BAY
PROPOSED 3
STORY
RESIDENCE4'-0"
4'-0"
N 9
0
°
0
0
'
0
0
"
E
9
7
.
4
5
'
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N 9
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BENCH SEAT WALL / PILASTERS2' HIGH (A.F.S. - SEE LANDSCAPE)BENCH SEAT W/ STORAGE BELOW1'-6" HIGH (A.F.S. - SEE LANDSCAPE)
6' CMU WALL (A.F.S.)PLASTER FINISH - MATCH BLDG.EXISTING BLOCK WALL - PROTECT IN PLACEPLASTER FINISH - MATCH BLDG.
WOOD GATE
WOOD GATE
DRIVEWAY / HARDSCAPE(SEE LANDSCAPE PLAN)
PORCELAIN TILE FLOORING/HARDSCAPEELEGANZA - NOVA BONE
SITE STEPS(SEE CIVIL)
UTILITY EASEMENT
FACE OF CURB
10
"
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DECORATIVE AWNING ABV. (PER HOA REQU.)8" ENCROACHMENT INTO SETBACK
TRASH AREA
3' (MIN) WIDE FIRE ACCESS
REMOVE EXISTING NON-STANDARD DECORATIVE WALKWAYREPLACE WITH STANDARD CONCRETE WALKWAY PER CITY STANDARD 180
PUBLIC WORKS NOTE:
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1919
REEF COVE
N 00° 00' 00" W 44.98'
SCHOONER ROAD
N 00° 00' 00" W 44.98'
ADJACENT
PROPERTY
30 BEACON BAY
(NOT PART OF
SCOPE)ADJACENT
PROPERTY
32 BEACON BAY
(NOT PART OF
SCOPE)
MAGNETIC
N 9
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BENCHMARK NOTE:OCSBM NB4-38-77ELEV=15.431NAVD88 DATUM, 1992 ADJ.
EASEMENT NOTE:THE PLAT FOR THIS SURVEY WAS PREPARED WITHOUT A TITLE REPORT.UNPLOTTED EASEMENTS MAY EXIST ON THE SUBJECT PROPERTY.JOB NO.SHEET
139 Avenida NavarroSan Clemente, CA 92672949.492.8586www.toalengineering.com
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From:
Sent:
To:
Subject:
Hello,
Kopshever, Daniel
December 11, 2023 4:38 PM
Martinez, Savannah; Leon, Jasm ine; Westmoreland, Liz
FW: 31 Beacon Bay PA 2023-0150
Please see the written comments on PA2023-0150 that were submitted to me directly. The sender would like to remain
anonymous.
Kind regards,
From :
Daniel Kopshever
Assistant Planner
Community Development Department
Office: 949-644-3235
100 Civic Center Drive
Newport Beach, CA 92660
Sent: December 05, 2023 2:17 PM
To: Kopshever, Daniel <DKopshever@newportbeachca.gov>; Leung, Grace <gleung@new portbeachca.gov>; Blom, Noah
<NBlom@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>
Subject: 31 Beacon Bay PA 2023-150
Dear City Officials,
RE: PA 2023-150, 31 BEACON BAY.
I w ish this email to remain anonymous, please.
I HAVE DEEP CONCERNS ABOUT THE PLANS TO DEMOLISH THE EXISTING RESIDENCE AND BUILD A NEW 5,000SF, 3
STORY HOME.
I am a resident of Beacon Bay. I have been a resident of Newport since 1974.
Briefly;
1. When any document is provided and/or submitted to the City it should immediately become public record. For some
(illegal??) reason our City allows for plans to remain from public electronic viewing by the designer/architect. This Policy
should be immediately reversed.
2. The application for a variance to the 29 ft height li mit for 31 BBay should be denied. No person wants to see an
elevator "shaft" sticking up in the air!
Zoning Administrator - December 14, 2023 Item No. 4a Additional Materials Received Andry Residence CDP (PA2023-0150)
3.The City Planners should never allow for 3 stories within the “Strada” homes in Beacon Bay. All of the homes are
cottages, some larger than others. However 3 stories is too massive.
4.All of the homes within BBay have a certain design and character, the design of 31 plans are ultra‐modern, and not
fitting or in character for this area.
Thank you for all of your hard work in keeping Newport special.
Anonymous.
Zoning Administrator - December 14, 2023 Item No. 4a Additional Materials Received Andry Residence CDP (PA2023-0150)
December 14, 2023, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660
(949-548-6229)
Item 4. Andry Residence Coastal Development Permit (PA2023-0150)
1.The resolution does not disclose the size of the structure proposed for demolition.
2.Is the resolution title appear to describe the ADU as “attached,” but the body refers to it as
“internal.” It appears to be above the new attached garage. Isn’t that regarded as an
“attached” ADU?
3.Section 1.1 might be clearer if its first sentence said: “The Applicant is requesting a coastal
development permit (CDP) to allow the demolition of an existing two-story residential single-
unit dwelling and the construction of a new 3,662 square foot three-story single-unit
residential dwelling unit with a 649 square-foot attached garage, and additionally a 703
square foot internal Accessory Dwelling Unit.” That would emphasize the three square
footages are cumulative, and clarify the later references to the “single-unit” dwelling are to
the 3,662 sf. and garage, and “internal” is no included in those numbers.
4.I agree with the anonymous written comment that as to the design being “consistent with
the existing neighborhood pattern of development” (Section 3.A.6), it looks quite different
from the existing structures seen in the vicinity map on handwritten page 7.
5.The CLUP’s public viewpoint referred to in Section 3.A.11 appears to in a boat repair yard.
It’s not obvious it was correctly placed.
Zoning Administrator - DECEMBER 14, 2023 Item No. 4b Additional Materials Received
Andry Residence CDP (PA2023-0150)