HomeMy WebLinkAboutPC2024-003 - APPROVING A COASTAL DEVELOPMENT PERMIT AND VARIANCE FOR FLOOR AREA, HEIGHT, AND SETBACK ENCROACHMENTS TO ALLOW A REMODEL AND 1,490-SQUARE-FOOT ADDITION TO AN EXISTING SINGLE-UNIT RESIDENCE LOCATED AT 2607 OCEAN BOULEVARD (PA2023-0064)RESOLUTION NO. PC2024-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL
DEVELOPMENT PERMIT AND VARIANCE FOR FLOOR AREA,
HEIGHT, AND SETBACK ENCROACHMENTS TO ALLOW A
REMODEL AND 1,490-SQUARE-FOOT ADDITION TO AN
EXISTING SINGLE-UNIT RESIDENCE LOCATED AT 2607
OCEAN BOULEVARD (PA2023-0064)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Daniel Martinez, Architect (Applicant), on behalf of property
owner 2607 Ocean Blvd, LLC (Owner), concerning property located at 2607 Ocean
Boulevard, and legally described as a portion of Block 0-32 of Corona Del Mar, in the City
of Newport Beach, County of Orange, State of California, as per map recorded in Book 3,
Pages 41 and 42 of Miscellaneous Maps, in the Office of the County Recorder of said
county (Property), requesting approval of a variance, a coastal development permit, and a
coastal variance.
2. The Applicant proposes an addition and remodel to an existing three-story, single-unit,
dwelling (Project). The Project includes landscape, hardscape, an in-ground spa,
drainage improvements, site walls, and removal of unpermitted encroachments within
the public right-of-way on the slope adjacent to Ocean Boulevard and within Way Lane.
The Project requires a coastal development permit (CDP) to allow for this 1,490 square
foot addition and variance from Title 20 (Planning and Zoning) and Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to allow the
proposed development to exceed the gross floor area limit, encroach 9-feet, 4 inches into
the 10-foot rear setback along Way Lane, encroach 1-foot, 8 inches into the 10-foot front
setback along Ocean Boulevard, and, exceed the base height limits of the R-1 Zoning
District.
3. The Property is categorized as Single-Unit Residential Detached (RS-D) by the Land Use
Element of the General Plan and is located within the Single-Unit Residential (R-1) Zoning
District.
4. The Property is located within the Coastal Zone. The Coastal Land Use Plan category is
Single-Unit Residential Detached – 6.0–9.9 DU/AC (RSD-B) and the Coastal Zoning
District is Single-Unit Residential (R-1).
5. While the Property is located within the boundaries of the Categorical Exclusion Order, as
amended in 2018 (CE-5-NPB-16-1-A1) by the California Coastal Commission, and a
single-unit development is categorically excluded from obtaining a CDP, the Project does
not conform to all development standards within Title 21 (Local Coastal Program
Implementation Plan) of the NBMC; therefor, a CDP is required.
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6. A public hearing was held on February 22, 2024, in the Council Chambers at 100 Civic
Center Drive, Newport Beach, California. A notice of the time, place, and purpose of the
hearing was given in accordance with the California Government Code Section 54950
et seq. (Ralph M. Brown Act) and Chapters 20.62 and 21.62 (Public Hearings) of the
NBMC. Evidence, both written and oral, was presented to and considered by, the
Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the California Code of Regulations,
Title 14, Division 6, Chapter 3 (CEQA Guidelines), because it has no potential to have a
significant effect on the environment.
2. 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.
3. Section 15301 authorizes additions to existing structures provided that the addition is
less than 10,000 square feet, the project is in an area where all public services and
facilities are available to allow for maximum development permissible in the General
Plan, and the area in which the project is located is not environmentally sensitive. The
Project will add a total of 1,466 square feet to an existing single-unit dwelling where all
utilities are currently provided by the City. Further, the Project is not within an
environmentally sensitive area.
SECTION 3. REQUIRED FINDINGS.
Variance
In accordance with Section 20.52.090(F) (Variances – Findings and Decision) of the NBMC,
the following findings and facts in support of such findings are set forth:
Finding:
A. There are special or unique circumstances or conditions applicable to the subject
property (e.g., location, shape, size, surroundings, topography, or other physical
features) that do not apply generally to other properties in the vicinity under an identical
zoning classification.
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Facts in Support of Finding:
1. The Property is approximately 4,257 square feet and slopes from Ocean Boulevard
down to Way Lane with an approximate 35-foot grade difference.
2. The Property is one of nine total residences located in a row with sloped topography
along Ocean Boulevard, between Ocean Boulevard and Way Lane.
3. The Property is irregularly shaped and 110 feet wide but shallow, with a depth ranging
from 35 to 53 feet. The properties to the east are not nearly as shallow as the Property
with lot depths ranging from 53 feet to 86 feet.
4. The Property being disproportionately shallow relative to its width results in a long and
narrow building envelope. The limited lot depth, after applying the 10-foot front and rear
setbacks, results in a sloping building pad that is only 15 to 33 feet deep. Required
setback areas occupy approximately 55% of the Property’s lot area, whereas setbacks
occupy only approximately 42% and 30% of the two adjacent residences on Way Lane.
Properties further east along Way Lane are also less impacted by setbacks with
setbacks occupying only 34% of the lot area, on average.
5. The Property has unique topographical features present within the western portion of
the lot, including remnants of a coastal bluff. The rocky topography further limits feasible
building placement.
6. The unusual lot shape and site topography, coupled with the Title 20 (Planning and
Zoning) development standards, create a unique circumstance for this lot that does not
generally apply to other properties in the vicinity under the same (Single Unit Residential
R-1) zoning classification.
Finding:
B. Strict compliance with Zoning Code requirements would deprive the subject property of
privileges enjoyed by other properties in the vicinity and under an identical zoning
classification.
Facts in Support of Finding:
1. The strict application of development standards, including setbacks and floor area limit,
to this constrained lot result in a buildable area of 1,910 square feet and a maximum
allowable gross floor area of 2,865 square feet. This is significantly diminished
compared to the other properties along Way Lane that are within the same zoning district
and have buildable areas upwards of 3,000 square feet and maximum floor area limits
greater than 4,5000 square feet.
2. Vehicular access through an alley is typical in Corona del Mar and Way Lane was
historically considered an alley. If it were still designated as alley, Table 2-2
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(Development Standards for Single-Unit Residential Zoning Districts) of Chapter
20.18.030 (Residential Zoning Districts General Development Standards) of the NBMC
would require no rear setback because Way Lane is 20 feet wide. The existing garage
encroachment into the Way Lane setback has not proven detrimental and is similar to
the garage encroachment on the abutting properties. It is reasonable to construct the
new garage near the Way Lane property line and within the 10-foot Way Lane setback
for access to the Property.
Finding:
C. Granting of the variance is necessary for the preservation and enjoyment of substantial
property rights of the Applicant.
Facts in Support of Finding:
1. As described above, the Property is uniquely constrained. Without granting the variance,
the Property owner would only be allowed to construct a 2,865 square-foot residence,
for a maximum floor area ratio (FAR) of .67. The maximum FAR for the Property is
substantially smaller than the other eight properties on Way Lane. Maximum FAR can
exceed 1.0 on more square shaped lots, such as 2723 and 2727 Ocean Boulevard. It is
also substantially smaller than what could be constructed on a rectangular, 30 foot wide
by 118 feet deep, R-1 lot within Corona del Mar, where a maximum FAR of .95 would
typically be allowed.
2. When comparing the Property lot with the eight other sloped lots between Ocean
Boulevard and Way Lane that are in the same zone, the other lots can accommodate
larger homes. All but one, 2616 Way Lane, could build a home exceeding 5,000 square
feet.
3. The addition on the upper level is proposed to encroach a maximum of 1 foot, 8 inches
into the front Ocean Boulevard setback where the buildable area is most narrow and
constrained. The long and narrow building envelope presents a hardship that would
otherwise prevent a reasonable addition that is in line with the existing building.
3. The existing sloped roof will be removed. As part of the rebuild, a small attic area will be
created. The parapet at this attic location will exceed the 24-foot height limit for flat roofs
within the R-1 Zoning District. The variance will allow the parapet up to a height of 27
feet, which is 3 feet above the height limit but less than the 29-foot height limit for sloping
roofs. As the Project design is constrained by the existing development, constructing a
sloped roof would hinder the ability to provide a modest sized attic, a common feature
in surrounding residences for housing ductwork and other mechanical equipment. The
attic has been designed to the minimum necessary height required to provide space for
a horizontal heating, ventilation, and air conditioning (HVAC) unit.
4. The existing roofline overhangs the Way Lane property line. As part of rebuilding the
roof, a new sloped roof will extend from the parapet described above and will terminate
prior to the property line, eliminating the encroachment into the public right of way above
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Way Lane. For the new roof to provide the California Residential Code living area
minimum 8-foot plate height on all building levels, the rebuilt roof will exceed the 29-foot
maximum height limit for sloping roofs by 11 inches at the lowest point of the lot. The
proposed roof line remedies an encroachment into the public right of way with minimal
demolition of the exterior walls or change to the existing floor plan.
Finding:
D. Granting of the variance will not constitute a grant of special privilege inconsistent with
the limitations on other properties in the vicinity and in the same zoning district.
Facts in Support of Finding:
1. Approval of the variance request allows the Owner to add 1,490 square feet of floor area
for a total residence of 3,969 square-feet, including garage areas. This residence is
consistent in size to the identically zoned surrounding properties. It also is comparable
in size to other properties where discretionary setback encroachments were approved.
For example, the residence at 2711 Ocean Boulevard is allowed 6,047 square feet,
including garage, and was approved through a variance for maximum floor area, height,
and setback encroachments.
2. The lower level of the residence will provide an entry foyer, powder room, stairs, and
elevator, along with garage parking for three vehicles and storage. The middle level of
the residence will provide two bedrooms, mechanical and storage areas, and common
space along with a small exterior deck and will accommodate the new stairs and
elevator. The upper level of the residence will provide a kitchen, living room, powder
bathroom, and master bedroom with ensuite bathroom and walk in closets along with
stairs and elevator. The rooftop level provides access to the limited front yard space.
The development is not excessive compared to surrounding properties.
3. The neighboring properties within the 2600 block of Way Lane encroach into what is
now either the required front or the required rear setback. They are either nonconforming
or were allowed to encroach by variance or modification permit. The Project is consistent
with the existing pattern of development and does not constitute a special privilege.
Finding:
E. Granting of the variance will not be detrimental to the harmonious and orderly growth of
the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of persons residing or working
in the neighborhood.
Facts in Support of Finding:
1. The proposed setbacks will not affect the flow of light or air to adjoining residential
properties. The setback encroachments along the easterly Property line are existing and
new encroachments are limited to the front and rear setback. There are no adjacent
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properties along the property lines for which the new encroachments are requested.
2. The Project includes removing unpermitted encroachments in the public right of way
adjacent to Ocean Boulevard. The unpermitted encroachments include a staircase from
Ocean Boulevard to the subject property, an observation deck, and landscaping. The
Project will restore the sloped right of way area with a planting palette that matches the
undeveloped area to the west of the project site. The landscape plans have been
reviewed and accepted by the Public Works Department.
3. The Project has been designed with articulation and modulation so it will not appear
overly large from Way Lane below. The Project also removes existing eave
encroachments from the public right-of-way above Way Lane and a wall that encroaches
into Way Lane, which should help pull back the building massing as seen from Way
Lane.
4. The granting of the variance is not anticipated to adversely impact public views from
Ocean Boulevard or prove detrimental as the proposed structure complies with the top
of curb height restriction. The portion of sloped roof exceeding the 29-foot height limit is
not visible from Ocean Boulevard and views of the parapet from Ocean Boulevard are
limited. Additionally, the Project removes tall landscaping and a TV antenna that blocks
views of the Pacific Ocean and entryway to the harbor from Ocean Boulevard.
5. A Visual Impact Analysis was prepared for the Project. Fact 6b in Support of Finding G
below is hereby incorporated by reference.
6. To minimize disruption caused by demolition and construction to the nearby residents,
the Applicant has submitted a construction management plan that has been reviewed
and accepted by the Public Works Department. Implementation of this should minimize
any impact to public access in the vicinity and to maintain street/emergency access
during construction.
Finding:
F. Granting of the variance will not be in conflict with the intent and purpose of this section,
this Zoning Code, the General Plan, or any applicable specific plan.
Facts in Support of Finding:
1. Granting the variance request would not increase the density beyond what is planned
for the area, should not result in additional traffic, parking, or demand for other services;
and should not adversely impact the designated public views from Ocean Boulevard as
it adheres to the top-of-curb height restrictions.
2. The existing development encroaches 1 foot, 11 inches into the front setback along
Ocean Boulevard,10 feet into the rear setback along Way Lane, and 10 inches into the
easterly side setback. The development also currently exceeds the height limit along the
southern edge of the building. The dwelling is considered a nonconforming structure due
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to these encroachments and exceedances. Additionally, the garage on the lower level
is undersized and does not provide the required two-car parking. The structure is
considered nonconforming for parking.
3. The Project expands the residence to 3,969 square feet. While the Project increases the
gross floor area of the existing nonconforming structure by 60%, NBMC Chapter
20.38.040 (Nonconforming Structures) allows for the square footage of the required
residential parking to be excluded from consideration, up to a maximum of 400 square
feet when a two-car garage is required. With the now compliant two-car parking
excluded from the area of addition, the Project only increases the floor area by 44% and
complies the 50% addition limit provided in NBMC Section 20.38.040(G).
4. The Property is not located within a specific plan area.
Coastal Development Permit
In accordance with Subsection 21.52.015(F) (Coastal Development Permits - Findings and
Decision) of the NBMC, the following findings and facts in support of such findings as set forth:
Finding:
G. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Property is located within the Coastal Zone. The Property is categorized as Single
Unit Residential Detached – (6.0 – 9.9 DU/AC) (RSD-B) by the Coastal Land Use Plan
(CLUP) and is located within the Single-Unit Residential (R-1) Coastal Zoning District.
The Project consists of an existing single-unit residence with a proposed addition and
remodel and will not change the residential density of the single-unit residence.
2. The Property is located within a row of uniquely oriented residences which are
constructed against a steep slope, between Ocean Boulevard and Way Lane. This row
of residences is predominantly developed with three-story, single-unit, residences. The
proposed design, bulk, and scale of the development are consistent with the existing
neighborhood pattern of development.
3. The existing three-story dwelling was constructed in the 1940s. The dwelling features
an entry foyer and garage on the lower level, three bedrooms, one bathroom, and
mechanical space/storage on the middle level, a kitchen, and living room on the upper
level. The upper level also provides exterior deck space. The existing dwelling
encroaches 10 inches into the east side setback, 10 feet into the rear Way Lane setback
and extends beyond the property line, and encroaches 1 foot, 11 inches into the front
Ocean Boulevard setback. The dwelling also exceeds the height limit along the southern
edge of the building. The dwelling is considered a nonconforming structure. Additionally,
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the garage on the lower level is undersized and the structure is also considered
nonconforming for parking.
4. The Project will add 71 square feet of habitable area and 495 square feet of garage at
the lower level, 337 square feet to the middle level, and 717 square feet to the upper
level for a total addition of 1,490 square feet.
5. With the granting of the requested variance, the Project will comply with applicable
residential development standards including, but not limited to, floor area limitation,
setbacks, height, and parking.
a. The maximum floor area limitation granted by the variance would be 3,969 square
feet and the proposed floor area is 3,969 square feet.
b. As approved by this variance, the Project will encroach 9-feet, 4 inches into the
required 10-foot rear setback along Way Lane, and 1-foot, 8 inches into the 10-foot
front setback along Ocean Boulevard and will provide the required 4-foot westerly
side setback. The existing structure encroaches 10 inches within the easterly side
setback.
c. The height of the Project is below the curb line of Ocean Boulevard, as required
for development on the bluff side of Ocean Boulevard. The parapet above the
kitchen exceeds the base 24-foot height limit for flat elements and the roofline
along the southern edge of the building exceeds the 29-foot maximum height limit
for sloped roofs within the R-1 Zoning District. The variance will allow the parapet
up to a height of 27 feet and the roofline at the southern edge to a height of 29
feet, 11 inches.
d. A minimum of 287 square feet of open volume area is required and the project
provides 478 square feet of open volume area.
e. The Project will remodel the existing garage and will add additional garage area,
providing parking for a total of three vehicles. This exceeds the minimum two-car
garage parking requirement for single-family residences with less than 4,000
square feet of habitable floor area.
6. The Project is consistent with the following policies of the CLUP:
a. Policy 2.2.5-1 (Nonconforming Structures and Uses): Legal nonconforming
structures shall be brought into conformity in an equitable, reasonable, and timely
manner as rebuilding occurs. Limited renovations that improve the physical quality
and character of the buildings may be allowed. Rebuilding after catastrophic
damage or destruction due to a natural event, an act of public enemy, or accident
may be allowed in limited circumstances that do not conflict with other policies and
of the Coastal Land Use Plan.
The Project is consistent with CLUP Policy 2.2.5-1 and Section 21.38.040(G)
(Nonconforming Structures - Additions) of the Implementation Plan, which states
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that a nonconforming structure can be expanded up to 50% of the gross floor area
of the existing structure, if the nonconforming structure is consistent with the
following: 1) does not impede public access to and along the sea or shoreline and
to coastal parks, trails, or coastal bluffs; 2) does not block or impair public views
to and along the sea or shoreline or to coastal bluffs and other scenic coastal
areas; 3) conforms to coastal resource protection development regulations of
NBMC Sections 21.28.040 (Bluff (B) Overlay District), 21.28.050 (Canyon (C)
Overlay District), 21.30.030 (Natural Landform and Shoreline Protection), 21.30A
(Public Access and Recreation), or Chapter 21.30B (Habitat Protection); and 4) is
not located within an area identified as hazardous due to erosional factors or
coastal hazard.
The existing structure does not currently impede public access. The Project site is
not located within the Bluff or Canyon Overlay Districts, does not affect habitat
area, and is consistent with all objective standards of Section 21.30.030 (Natural
Landform and Shoreline Protection.) and Chapter 21.30A (Public Access and
Recreation). The Project will remove overgrown landscaping and enhance views.
NBMC Section 21.38.040(H) implements CLUP Policy 2.2.5-1 by requiring
structures that are nonconforming due to a coastal resource protection
development regulation of Section 21.28.040 (Bluff (B) Overlay District), Section
21.28.050 (Canyon (C) Overlay District), Section 21.30.030 (Natural Landform
and Shoreline Protection), Chapter 21.30A (Public Access and Recreation), or
Chapter 21.30B (Habitat Protection) to be brought into conformance with all
current development regulations and all applicable policies of the certified Local
Coastal Program when proposed development would involve demolition or
replacement of more than 50% of the exterior walls, or foundation of an existing
structure. In this case, the existing structure is not nonconforming due to the
aforementioned coastal resource protection development regulations, nor will the
Project remove more than 50%of the exterior walls or foundation of the existing
structure.
While the Project increases the gross floor area of the structure by 60%, NBMC
Chapter 21.38.040 (Nonconforming Structures) allows for the square footage of
the required residential parking to be excluded from consideration, up to a
maximum of 400 square feet. With the now compliant two-car parking excluded
from the area of addition, the Project only increases the floor area by 44% and
complies the 50% addition limit provided in NBMC Section 21.38.040(G). The
existing structure’s nonconforming elements may be retained and expansions are
permitted to the structure pursuant to NBMC Section 21.38.040(G).
Additionally, Facts in Support of Finding G-7 are also incorporated by reference.
b. Policy 4.4.1-1 (Coastal Views): Protect and, where feasible, enhance the scenic
and visual qualities of the coastal zone, including public views to and along the
ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas; and
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Policy 4.4.1-2 (Coastal Views): Design and site new development, including
landscaping, so as to minimize impacts to public coastal views.
Policy 4.4.1-3 (Coastal Views): Design and site new development to minimize
alterations to significant natural landforms, including bluffs, cliffs and canyons,
Policy 4.4.1-5 (Coastal Views): Where feasible, require new development to
restore and enhance the visual quality in visually degraded areas,
Policy 4.4.1-6 (Coastal Views): Protect public coastal views from the Ocean
Boulevard roadway segment,
The Project site is located between the first public roadway and the sea, on a slope
that descends from Ocean Boulevard and the Chian Cove Ramp to Way Lane
below, adjacent to a coastal view road, and contains a significant natural landform
as there is an existing bluff remnant. Pursuant to NBMC chapter 21.30.100
(Scenic and Visual Quality Protection), the Project requires a visual impact
analysis be prepared to ensure that development is sited and designed to protect
and, where feasible, enhance the scenic and visual qualities of the coastal zone,
including public views to and along the ocean, bay, and harbor and to coastal
bluffs and other scenic coastal areas.
Views were analyzed from various points on Ocean Boulevard, China Cove Ramp,
and West Jetty View Park through site visits and view simulations. While the
Project introduces some building mass within the general viewshed taken from
Ocean Boulevard, it is minor and visually blends in with the existing residential
development below Ocean Boulevard. Views of the sandy beach, the entry to the
harbor, and the Pacific Ocean are not impacted or eliminated by the new roofline
or the area of addition. Furthermore, the Project does not extend the full width of
the lot. The tallest portion of building, including the roof elements requesting the
variance, is sited on the eastern side of the property and on the existing
development. The Project leaves a portion of the western side of the Property
undeveloped. This undeveloped area combines with the City owned,
undeveloped, parcel abutting the Property, at the top of China Cove Ramp and
the undeveloped portion of the property at 101 Dahlia Avenue to create an open
view of the Pacific Ocean from Ocean Boulevard.
The existing development, along with the surrounding residential development of
China Cove, is visible from West Jetty View Park. The Project is backdropped by
a remnant bluff, where the bluff was irreparably altered by the construction of the
China Cove Ramp and both the residential development of the 2600 block of Way
Lane and the 2700 block of Ocean Boulevard. Construction of the ramp split the
bluff into an upper portion which is currently public right-of-way and a lower portion
which is both public right-of-way and the Project site. While the Project introduces
new building mass to the west of the existing structure, it does not eliminate views
of the remnant bluff behind and above in the public right-of-way remaining highly
visible.
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Section (D) 21.30.100 (Scenic and Visual Quality Protection) of the NBMC
requires development be sited and designed to minimize impacts to public coastal
views and improve views where feasible and subsection (E) requires development
be sited in a way that minimizes alternation to natural landforms, such as the bluff
face. As discussed above, the project incorporates the siting and design
requirements by concentrating the Project and leaving a portion of the Property
undeveloped.
Additionally, the Project will remove tall landscaping, including multiple yuccas
overgrown with ivy, giant birds of paradise, and other tall shrubs which will open
and enhance views of the ocean beyond. In accordance with Section (F)
21.30.100 (Scenic and Visual Quality Protection) of the NBMC, Condition of
Approval No. 42 requires the Owner maintain all landscaping, both existing and
proposed, at a maximum height of 60 inches so the landscaping at maturity does
not impact public views of the ocean beyond.
c. Policy 4.4.3-8 (Other Landforms): Prohibit development on bluff faces, except
private development on coastal bluff faces along Ocean Boulevard, Carnation
Avenue and Pacific Drive in Corona del Mar determined to be consistent with the
predominant line of existing development or public improvements providing public
access, protecting coastal resources, or providing for public safety. Permit such
improvements only when no feasible alternative exists and when designed and
constructed to minimize alteration of the bluff face, to not contribute to further
erosion of the bluff face, and to be visually compatible with the surrounding area
to the maximum extent feasible.
Policy 4.4.3-9 (Other Landforms): Where principal structures exist on coastal
bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona
del Mar, require all new development to be sited in accordance with the
predominant line of existing development in order to protect public coastal views.
Establish a predominant line of development for both principal structures and
accessory improvements. The setback shall be increased where necessary to
ensure safety and stability of the development.
As evidenced in the December 7, 2016, California Coastal Commission (CCC)
staff report regarding the Revised Findings for the City’s Implementation Plan
(LCP-5-NPB-15-0039-1), the CCC acknowledged the City’s intent to address
compliance with the CLUP policies pertaining to bluff top development through the
Bluff (B) Overlay Districts in the Implementation Plan. The Project is located within
an area of Corona del Mar referred to as China Cove. China Cove was terraced
and developed beginning in the 1930s. Very little of the natural landform remains
and the nine sloping properties between Ocean Boulevard and Way Lane are
intentionally not included in a bluff overlay. As the properties are not within a bluff
overlay, there is no established predominant line of development stringline to be
considered unlike the bluffs along Carnation Avenue, Pacific Drive, and portions
of Ocean Boulevard that are within the bluff overlay. Notwithstanding, if the
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predominant lines of development for this area are considered, the Project is in
line with the existing development to the east. The condominium development to
the west of the Property has developed over the former bluff entirely.
As the Property is not located within a bluff or canyon overlay, nor is it in a planned
community, Section 21.30.030 defaults the setback requirements for the property
as required by the development standards for that coastal zoning district. In this
case, the property is in the R-1 Coastal Zoning District, which requires a 10-foot
front setback pursuant to Setback Map S-10B. Therefore, the property is subject
to the development standards of the R-1 coastal zoning district and not the Bluff
Overlay district, as it was specifically excluded from the overlay.
The Project, however, is consistent with CLUP Policy 4.4.3-8, 4.4.3-9 and NBMC
Section 21.30.030 (Natural Landform and Shoreline Protection), as the project has
been sited to minimize adverse impacts on the remnant bluffs to the maximum
feasible extent. The project concentrates on development within the existing
footprint with limited expansion westward. The project leaves a portion of the
remnant bluff intact along the western side of the property.
7. Section 21.38.040 (Nonconforming Structures) of the NBMC authorizes the expansion
of nonconforming structures and the retention of existing nonconforming elements of a
structure subject to specific limitations and considerations. The project complies with
Section 21.38.040 as follows:
a. While the Project increases the gross floor area of the existing structure by 60%,
NBMC Chapter 21.38.040 (Nonconforming Structures) allows for the square
footage of the required residential parking to be excluded from consideration, up
to a maximum of 400 square feet. With the now compliant two-car parking
excluded from the area of addition, the Project only increases the floor area by
44% which complies with the limitations on additions.
b. The existing structure does not block or impede public access to and along the
sea or shoreline and to coastal parks, trails, or coastal bluffs as discussed in
Facts in Support of Findings H-1, and H-2.
c. The existing structure does not block or impair public views to and along the sea
or shoreline or to coastal bluffs and other scenic coastal areas as discussed in
Facts in Support of Finding G-6.
d. The existing structure is not located in a Bluff (B) Overlay or Canyon (C) Overlay
District.
e. The existing structure has been found safe from erosional and coastal hazards
for the life of the structure as discussed in Facts in Support of Finding G-8.
f. The Project is located in a visually degraded area. As discussed in Facts in
Support of Findings G-6, the original bluff backdropping China Cove has been
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irreparably altered by the development of China Cove. If the existing structure
were to be demolished, removing all nonconformities, and the new structure were
to be built without any deviation from the Title 21 (Local Coastal Program
Implementation Plan), the structure would likely need to develop along the entire
width of the buildable area. The buildable area includes the portion of the lot that
has historically been left undeveloped, resulting in a loss of views of the remnant
bluff.
g. The existing structure is visually compatible with the other residences within
China Cove where residences range from single-story to four-story, including the
eight sloping properties between Ocean Boulevard and Way Lane.
h. The existing structure is not architecturally or historically significant.
i. The floor area of the Project will be within the floor area limit as approved by
Variance.
j. As modified by the Variance, the addition complies with all applicable
development standards.
k. The Project provides compliant parking.
8. A Preliminary Geotechnical Study has been prepared by Harrington Geotechnical
Engineering, Inc. toney Millar Consultants, Inc., dated February 10, 2023. The Project
has been designed consistent with the recommendations in the studies.
9. Section 21.30.030(C)(3)(i)(iv) (Natural Landform and Shoreline Protection) of the NBMC,
requires the Owner 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.
10. The 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) (General Site Planning and
Development Standards). This requirement is included as a condition of approval that will
need to be satisfied before the issuance of building permits, respectively.
11. 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.
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12. The Property is located approximately 285 feet from 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.
13. Under Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, due to the
proximity of the development to the shoreline and the development containing a hillside
with erodible soil, a Water Quality Management Plan (WQMP) is required. A preliminary
WQMP has been prepared for the Project by Commercial Development Resources dated,
November 21, 2023. The WQMP includes a polluted runoff and hydrologic site
characterization, a sizing standard for BMPs, the use of a Low Impact Development (LID)
approach to retain the design storm runoff volume on-site, and documentation of the
expected effectiveness of the proposed BMPs.
13. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. A
condition of approval is included that requires drought-tolerant species. Prior to issuance
of building permits, the final landscape plans will be reviewed to verify invasive species
are not planted.
Finding:
H. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1. The Property is located between the first public road and the sea. Section 21.30A.040
(Determination of Public Access/Recreation Impacts) of the NBMC 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 remodels and
adds floor area to an existing single-unit residence, consistent with the existing
neighborhood pattern of development. 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.
2. Vertical access to the coast is provided approximately 185 feet to the east of the Project
site, along Fernleaf Avenue. Lateral access to the coast is provided at the sandy beach, at
the Fernleaf Avenue street-end. The Project does not include any features that would
impede access along these routes. All improvements will be constructed at a height below
the adjacent curb line of Ocean Boulevard, as required by NBMC Chapter 21.30.060
(Height Limits and Exceptions) subsection 4, thereby protecting views from this public
road, and maintaining visual access to this coastal resource. Visual access of the coast
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provided from the land side of Ocean Boulevard would not be affected by the project. Visual
access of the remnant bluff, from West Jett View Park, is maintained.
In accordance with Section 21.52.090 (Relief from Implementation Plan Development
Standards) of the NBMC, the Planning Commission may approve a waiver to a development
standard of the Implementation Plan only after making all of the following findings:
Finding:
I. The Planning Commission has considered the following:
i. Whether or not the development is consistent with the certified Local Coastal
Program to the maximum extent feasible; and
ii. Whether or not there are feasible alternatives that would provide greater consistency
with the certified Local Coastal Program and/or that are more protective of coastal
resources.
Facts in Support of Finding:
1. Constructing the proposed residence with the required 10-foot setbacks along Ocean
Boulevard and Way Lane diminishes livable area which the existing and surrounding
residences currently enjoy. Without encroaching into the setbacks, the proposed
residence would have constrained, potentially unusable, floor plans with difficulty
accessing lower levels.
2. The Project does not negatively impact coastal resources and results in more open
views to the ocean beyond. Furthermore, the Project concentrates the building on the
eastern side of the property, leaving the rocky, bluff remnant, on the western side of the
property unaltered.
3. Facts in support of Finding G-7 above hereby incorporated by reference.
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Finding:
J. The granting of the variance is necessary due to special circumstances applicable to the
property, including location, shape, size, surroundings, topography, and/or other
physical features, the strict application of the development standards otherwise
applicable to the property denies the property owner privileges enjoyed by other property
owners in the vicinity and in the same coastal zoning district.
Fact in Support of Finding:
Facts in Support of Finding A and B above are hereby incorporated by reference.
Finding:
K. The variance complies with the findings required to approval a coastal development
permit in NBMC Section 21.52.015(F).
Fact in Support of Finding:
Facts in Support of Findings G and H above are hereby incorporated by reference.
Finding:
L. The variance will not result in development that blocks or significantly impedes public
access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs.
Facts in Support of Finding:
1. The Project site does not currently provide public access to the shore, coastal parks,
trails, or coastal bluffs.
2. Facts in Support of Finding H above are hereby incorporated by reference.
Finding:
M. The variance will not result in development that blocks or significantly impairs public
views to and along the sea or shoreline or to coastal bluffs and other scenic coastal
areas.
Fact in Support of Finding:
Fact 5 in Support of Finding E and Facts in Support of Finding G and H above are hereby
incorporated by reference.
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Finding:
N. The variance will not result in development that has an adverse effect, either individually
or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation,
or wildlife species.
Facts in Support of Finding:
1. The site is not identified as an environmentally sensitive area as shown on Map 4-1 of
the CLUP or as defined by NBMC chapter 21.30B (Habitat Protection). The Project will
remove invasive plants found within the Ocean Boulevard right of way and on the
Property and will replace them with drought tolerant and native plants that complement
the undeveloped area to the west of the Property. The planting pallet has been reviewed
and accepted by the City’s Public Works Department.
2. Fact 2 in Support of Finding I above is hereby incorporated by reference.
Finding:
O. The granting of the variance will not be contrary to, or in conflict with, the purpose of this
Implementation Plan, nor to the applicable policies of the Local Coastal Program.
Fact in Support of Finding:
Facts in Support of Finding G and H above are hereby incorporated by reference.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) 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 Planning Commission of the City of Newport Beach hereby approves the coastal
development permit and variance, 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 20 and Title 21 of the Newport Beach
Municipal Code. Final action taken by the City may be appealed to the Coastal
Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14
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California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the
Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF FEBRUARY, 2024.
AYES: Barto, Langford, Rosene, and Salene
NOES: None
ABSTAIN: Ellmore, Harris, and Lowrey
ABSENT: None
BY:_________________________
Mark Rosene, Vice Chair
BY:_________________________
Seimone Jurjis, Ex-Officio Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
3. 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 the revocation of this
variance and Coastal Development Permit.
4. The variance and Coastal Development Permit shall expire unless exercised within 24
months from the date of approval as specified in Section 20.54.060 (Time Limits and
Extensions) and 21.54.060 (Time Limits and Extensions), unless an extension is otherwise
granted by the Community Development Director.
5. This variance and Coastal Development Permit may be modified or revoked by the
Planning Commission should they determine that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the Property is
operated or maintained so as to constitute a public nuisance.
6. Any expansion in the area or other modification to the approved plans shall require
subsequent review by the Planning Division and potential amendment to this approval
or the processing of a new application.
7. Demolition beyond the approved scope of work requires planning division review and
approval before the commencement of work. Approval of revisions to project plans is not
guaranteed. Any changes in the current scope of work may require the entire structure to
be demolished and redeveloped in conformance with the current NBMC Development
Standards for Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan).
8. After demolition and before framing, the architect of record shall certify that less than 50%
of exterior walls have been removed and will require replacement. The architect of record
shall provide the applicable documentation to the Community Development Director for
review. If it is determined that 50% or more of exterior walls have been removed during
construction, all project work shall cease and the project shall be subject to applicable
requirements of the Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
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Implementation Plan) which may include, but are not limited to, a Coastal Development
Permit and/or other discretionary application. The Applicant understands that this may
result in project delays or denial, and possible economic hardship.
9. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans before issuance of the
building permits.
10. Prior to final building permit inspection, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices to address the
threat of damage or destruction from waves, erosion, storm conditions, landslides,
seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the
property, or development of the property, today or in the future. The agreement shall be
binding against the property owners and successors and assigns.
11. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
the City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
and all claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
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
development. This letter shall be scanned into the plan set prior to building permit issuance.
12. Prior to the issuance of a building permit, the Applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the Permit
file. The plans shall be identical to those approved by all City departments for building
permit issuance. The approved copy shall include architectural sheets only and shall be
reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements
approved by this variance and Coastal Development Permit and shall highlight the
approved elements such that they are readily discernible from other elements of the
plans.
13. Prior to the issuance of a building permit, the Applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought tolerant and noninvasive plantings and water efficient irrigation practices, and
the plans shall be approved by the Planning Division.
14. 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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15. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
16. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
17. 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.
18. 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.
19. Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
20. Prior to the issuance of a 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 either the
current business owner, property owner or leasing agent.
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22. 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.
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 2607 Ocean Blvd, LLC Residence including, but not
limited to, a variance and coastal development permit filed as PA2023-0064. 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 that which 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.
Fire Department
24. An NFPA 13D fire sprinkler system is required for this development.
Building Division
25. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
26. The Applicant shall employ the following best available control measures (BACMs) to
reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
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• Require 90-day low-NOx tune-ups for off-road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10% soil moisture content in the top six-
inch surface layer, subject to review/discretion of the geotechnical engineer.
27. Prior to the issuance of a building permit, the Applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Division and Code and Water Quality Enforcement Division. The WQMP
shall provide appropriate Best Management Practices (BMPs) to ensure that no
violations of water quality standards or waste discharge requirements occur.
28. A list of “good housekeeping” practices will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
stored, or spilled on the site that could impair water quality. These may include frequent
parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful
fertilizers or pesticides, and the diversion of stormwater away from potential sources of
pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list
and describe all structural and non-structural BMPs. In addition, the WQMP must also
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
29. The Applicant shall submit a Request for Alternate Material or Method of Construction
during plan check for the emergency escape and rescue openings (EERO) serving
Bedroom 4 because the 3rd floor projects over the egress path from the opening.
30. Where new building footings are proposed adjacent to existing retaining walls, new
footings shall be founded at least as deep as the existing retaining wall footings, or
analyses of the existing retaining walls for the new footing surcharge loads will be
required.
31. If the ratio of construction cost to market value for the existing dwelling equals or
exceeds 50%, the entire building shall comply with the code provisions for new
construction (NBMC 15.02.060).
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Public Works Department
32. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
33. All existing private, non-standard improvements within the public right-of-way and/or
extensions of private, non-standard improvements into the public right-of way fronting
the development site shall be removed.
34. An encroachment permit and encroachment agreement are required for the restoration
of the slope area between the property line and curb along the Ocean Boulevard right
of way.
35. All existing encroachments along the Way Lane frontage shall be removed. All new walls
shall be constructed entirely on private property including footings.
36. Driveway slopes shall comply with City Standard 167-A. Garage finish floor shall be a
minimum of 6-inches higher than the Way Lane flow line.
37. A new sewer clean out shall be installed on the existing sewer lateral per City Standard
406.
38. The Applicant shall reconstruct the existing broken and/or otherwise damaged concrete
curb, gutter and sidewalk panels along Ocean Boulevard and Way Lane.
39. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right of-way may be
required at the discretion of the Public Works Inspector.
40. All improvements shall comply with sight distance requirement City Standard 110-L.
41. Prior to Issuance of a Building Permit: A final Construction Management Plan shall be
submitted for review and approval by the City Traffic Engineer and Community
Development Director.
42. All landscaping, existing and proposed, is limited to a maximum height of 60 inches to
preserve views from Ocean Boulevard.
43. The Owner shall maintain all landscaping, including landscaping installed to restore the
slope area between the property line and curb along the Ocean Boulevard right of way.
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