HomeMy WebLinkAbout3.0_Nguyen Residence Site Development_PA2011-129CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 22, 2011 Meeting
Agenda Item 3
SUBJECT: Nguyen Residence Site Development Review - (PA2011 -129)
1401 Dolphin Terrace
Site Development Review No. SD2011 -001
APPLICANT: Tien and Amy Nguyen
PLANNER: Makana Nova, Assistant Planner
(949) 644 -3249, mnova @newportbeachca.gov
PROJECT SUMMARY
A site development review to allow for the construction of 16 caissons for safety and
slope stability for an existing single - family house and accessory structures. The project
would allow the proposed caissons to encroach a maximum 15 feet into Development
Area C.
RECOMMENDATION
1) Conduct a public hearing; and
2) Approve Site Development Review No. SD2011 -001, to allow the proposed
caissons, subject to the findings and conditions of approval in the draft resolution
(Attachment No. PC 1).
Project Setting
The subject property is located within the Irvine Terrace neighborhood and is bounded
by Dolphin Terrace to the north and Bayside Drive to the south. Single- family residential
properties are located to the east and west. The property is rectangular in shape,
13,081 square feet (approximately 0.3 acres) in area, and slopes downward toward
Bayside Drive. The property is developed with a 9,337- square -foot single - family
residence, patio terrace, fountain, and other accessory structures along the view side of
the subject property.
Nguyen Residence Site Development Reviev.,
September 22, 201 1
Page
VICINITY MAP
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Subject Property
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GENERAL PLAN
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LOCATION
GENERAL PLAN
ZONING
CURRENT USE
RS -D (Single -Unit
R -1, B (Single -Unit
ON-SITE
Residential Detached)
Residential, Bluff
Single -unit residential dwellings
Overlay)
NORTH
RS -D (Single -Unit
R -1 (Single -Unit
Single -unit residential dwellings
Residential Detached )
Residential
RM (Multiple -Unit
RM (Multi -Unit
Multiple -unit residential dwellings
SOUTH
Residential) and PI
Residential) and PI
and Bayside Marina
Private Institutions
Private Institutions
RS -D (Single -Unit
R -1, B (Single -Unit
EAST
Residential Detached)
Residential, Bluff
Single -unit residential dwellings
Overlay)
RS -D (Single -Unit
R -1, B (Single -Unit
WEST
Residential Detached)
Residential, Bluff
Single -unit residential dwellings
Overlay)
Nguyen Residence Site Development Review
September 22, 2011
Page 3
Background and Description
The original house was demolished in 2001 and replaced with a 9,337- square -foot
single family home with a 1,024- square -foot balcony. Prior to the adoption of the current
Zoning Code, development on the bluff side of Dolphin Terrace was required to comply
with the setback limitations placed on the tract by Variance No. 162. Refer to
Attachment No. PC 3. These setbacks have been superseded by the Bluff Development
Overlay provisions in the Zoning Code.
A patio terrace and on -grade stairway were developed just below the residence on the
sloping portion of the lot. A geotechnical study indicates that these improvements and
slope are showing signs of distress and that remedial mitigation is necessary.
The bluff development overlay implements General Plan policies which require
construction to comply with the predominant line of existing development. Section
20.28.040 (Bluff (B) Overlay District) establishes three development areas:
Development Area A allows for the construction of principal and accessory structures,
Development Area B allows for the construction of accessory structures only, and
Development Area C provides for limited landscaping and on -grade accessory
structures. (Refer to Attachment No. PC 4.)
For properties located along Dolphin Terrace, including the subject property,
Development Area A extends from the front property line adjacent to Dolphin Terrace to
a setback line of 10 feet from the top of slope. Development Area B is defined by the
Development Area A limit (10 -foot setback from the top of slope) to a line that is 13 feet
below the top of curb elevation. Development Area C occurs below Development Area
B on the sloping portion of the property. (Refer to Attachment No. PC 5)
Portions of the patio terrace are non - conforming because they extend up to 12 feet into
Development Area C. Since the proposed caissons will be placed within Development
Area C, approval of the site development review is necessary. The proposed caisson
system has been designed to mitigate the slope distress and has received preliminary
approval from the Building Division.
DISCUSSION
General Plan /Coastal Land Use Plan /Zoning
The site is designated RS -D (Single -Unit Residential Detached) by the General Plan Land
Use Element and is located in the R -1, B (Single -Unit Residential Detached, Bluff Overlay)
zoning district. The proposed project requires a site development review to allow an
increase in the development area permitted by the Bluff Overlay to allow for the
construction of caissons to support the existing house and accessory structures.
Nguyen Residence Site Development Review
September 22, 2011
Page 4
Additionally, the house is located within the categorical exclusion area of the coastal zone
and is designated within the RSD -A land use category of the Local Coastal Program,
Coastal Land Use Plan. The proposed caissons are exempt from Coastal Commission
review because no expansion of intensification of the existing single - family residence is
proposed and the project involves the repair and maintenance of the existing
development.
Bluff Overlay
In accordance with Section 20.28.040 (Bluff (B) Overlay District) of the Zoning Code,
the Planning Commission must make the following findings for approval of an increased
development area:
1. The increased bluff development area will ensure a slope stability factor of safety
greater than or equal to 1.5 at the end of the economic life of the development for
the static condition of the bluff or a factor of safety greater than or equal to 1.1 for
the seismic condition of the bluff or canyon, whichever is farther landward;
2. The increased bluff development area will provide adequate protection from the
erosion factors for the economic life of the development;
3. The increased bluff development area will be compatible and consistent with
surrounding development; and
4. The increased bluff development area will not have an impact on public views,
sensitive habitat areas, and is not otherwise detrimental to the general public
health and welfare.
The attached calculations provided by the geotechnical engineer (Attachment No. PC 6)
demonstrate that the proposed caissons are necessary in order to ensure a slope
stability factor' of safety greater than or equal to 1.5 at the end of the economic life of
the development for the static condition of the bluff. The caissons will provide adequate
protection of the house and surrounding accessory structures for the economic life of
the development. The proposed caissons are consistent with the surrounding
development in the Irvine Terrace neighborhood, which is characterized by varying
degrees of development along the bluff area adjacent to Bayside Drive. Refer to the
Attachment No. PC 7 for photos of the site and adjacent properties between Dolphin
Terrace and Bayside Drive. The proposed caissons will occur below grade and
therefore will not interfere with public views, sensitive habitat areas, or otherwise
interfere with the general public health and welfare.
' Slope stability factor is a term that describes the structural capacity of a system beyond the expected or actual
loads. Tile slope stability analysis assesses the safe and economic design of a human -made or natural slope and the
equilibrium conditions.
Nguyen Residence Site Development Review
September 22, 2011
Page 5
Staff believes that the facts are in evidence of support of the required findings to
increase the bluff development area and allow for the proposed caissons to maintain the
stability of the structures above the bluff.
Site Development Review
In accordance with Section 20.52.080 (Site Development Review) of the Zoning Code,
the Planning Commission must also make the following findings for approval of a site
development review:
1. The proposed development is allowed within the subject zoning district;
2. In compliance with all of the applicable criteria identified in Subparagraph
C.2.c:
1) Compliance with this Section, the General Plan, this Zoning Code, any
applicable specific plan, and other applicable criteria and policies
related to the use or structure;
2) The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent
development; and whether the relationship is based on standards of
good design;
3) The compatibility in terms of bulk, scale, and aesthetic treatment of
structures on the site and adjacent developments and public areas;
4) The adequacy, efficiency, and safety of pedestrian and vehicular
access, including drive aisles, driveways, and parking and loading
spaces;
5) The adequacy and efficiency of landscaping and open space areas
and the use of water efficient plant and irrigation materials; and
6) The protection of significant views from public right(s) -of -way and
compliance with Section 20.30. 100 (Public View Protections); and
3. The proposed development is not detrimental to the harmonious and orderly
growth of the City, or 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 of the proposed development.
The existing development is consistent with its General Plan land use designation and
the zoning district. The Zoning Code allows relief from the Bluff Overlay regulations for
development, such as the proposed caissons, which is necessary to ensure slope
Nguyen Residence Site Development Review
September 22, 2011
Page 6
stability. The proposed caissons will occur below grade and will not increase the bulk,
scale, or aesthetic treatment within Development Area C of the Bluff Overlay. The
existing development along the slope provides a significant amount of landscaping and
changes to the existing landscaping are not proposed. Conditions of approval have
been added for the removal of the existing stairway within the Bayside Drive right -of-
way. The Public Works Department does not allow these types of structures along
Bayside Drive due to the increased occurrence of jaywalking attributed to these types of
stairways. In addition, the project has been conditioned to require the curb drains along
Bayside Drive to be modified to add an energy reducer to ensure that the discharge
stays within the flow line. The project will not impede existing access to the subject
property, public views, or result in any additional hazard to public convenience, health,
interest, safety, or general welfare in the neighborhood.
Alternatives
Staff believes the findings for approval can be made for the proposed caissons and the
facts in support of the required findings are presented in the draft resolution (Attachment
No. PC 1). The following alternatives are available to the Planning Commission:
1. The Planning Commission may suggest specific changes that are necessary to
alleviate any concerns. If any additional requested changes are substantial, the
item could be continued to a future meeting. Should the Planning Commission
choose to do so, staff will return with a revised resolution incorporating new
findings and /or conditions.
2. If the Planning Commission believes that there are insufficient facts to support
the findings for approval of both structures, the Planning Commission may deny
the application and provide facts in support of denial to be included in the
attached draft resolution for denial (Attachment No. PC 2.)
Environmental Review
The project is categorically exempt under Section 15303, of the California
Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or
Conversion of Small Structures).
The proposed development involves the construction of accessory caissons for the
existing single - family residence within Development Area C of the Bluff Overlay District.
Therefore, the proposed project qualifies for an exemption under Class 3.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
Nguyen Residence Site Development Review
September 22, 2011
Page 7
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by:
-Makan4 No a, Assistant Planner
ATTACHMENTS
Submitted by:
Gregg Rdnfirez, Acting Planning anager
PC 1 Draft Resolution for Approval with Findings and Conditions
PC 2 Draft Resolution for Denial
PC 3 Tract No. 2334
PC 4 Section 20.28.040 (Bluff (B) Overlay District) of the Zoning Code
PC 5 Bluff Overlay Map B -2 (Irvine Terrace, Dolphin Terrace)
PC 6 Geotechnical Engineer's Calculations and Findings
PC 7 Site Photos
PC 8 Project plans
F:\Users \PLN \Shared \PA's \PAs - 2011 \PA2011 - 129 \PA2011 -129 PC Rpt.docx
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Attachment No. PC 1
Draft Resolution for Approval with
Findings and Conditions
RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING SITE DEVELOPMENT
REVIEW NO. SD2011 -001 FOR PROPERTY LOCATED AT 1401
DOLPHIN TERRACE (PA2011 -129)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Tien and Amy Nguyen, with respect to property located at
1401 Dolphin Terrace, and legally described as Lot 4 of Tract No. 2334 requesting
approval of a site development review.
2. The applicants request approval of a site development review to allow an increased
development area within the Bluff Overlay District for the construction of 16 caissons
within Development Area C for safety and slope stability of an existing residence and
patio terrace.
3. The subject property is located within the R -1, B (Single -Unit Residential, Bluff Overlay)
zoning district and the General Plan land use element category is RS -D (Single -Unit
Residential Detached).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD -A (Single -Unit Residential Detached).
5. A public hearing was held on September 22, 2011, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the
requirements of the California Environmental Quality Act under Class 3 (New
Construction or Conversion of Small Structures).
2. The proposed development involves the construction of accessory caissons for
the existing single - family residence within Development Area C of the Bluff
Overlay District. Therefore, the proposed project qualifies for an exemption
under Class 3.
Planning Commission Resolution No. _
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.28.040 (Bluff (B) Overlay District) of the Zoning Code, the
Planning Commission must make the following findings for approval of an increased
development area through the approval of a Site Development Review:
Finding:
A. The increased bluff development area will ensure a slope stability factor of safety
greater than or equal to 1.5 at the end of the economic life of the development for the
static condition of the bluff or a factor of safety greater than or equal to 1.1 for the
seismic condition of the bluff or canyon, whichever is farther landward;
Facts in Support of Finding:
A -1. The increased bluff development area will allow for the installation of 16 caissons. The
calculations provided by the geotechnical engineer demonstrate that the installation of
the caissons at this location will ensure a slope stability factor of safety greater than or
equal to 1.5 at the end of the economic life of the development for the static condition
of the bluff or a safety factor of safety greater than or equal to 1.1 for the seismic
condition of the bluff.
Finding:
B. The increased bluff development area will provide adequate protection from the
erosion factors for the economic life of the development,
Facts in Support of Finding:
B -1. As demonstrated by the calculations provided by the geotechnical engineer, the
proposed caissons are sufficient to provide a slope stability factor of greater than 1.5,
which is considered adequate protection from the erosion.factors for the economic life
of the existing single - family residence and accessory structures on the subject
property.
Finding
C. The increased bluff development area will be compatible and consistent with
surrounding development; and
Facts in Support of Findinq:
C -1. The existing residence is nonconforming to the bluff development standards, which
were adopted after the development of the primary residence and accessory
structures. A number of properties along the bluff side of Bayside Drive have existing
accessory structures such as pools, fences, stairways, and solar panels that are
nonconforming to the bluff development standards. Therefore, the proposed
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Planning Commission Resolution No.
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development is consistent with surrounding development along the bluff side of
Bayside Drive.
C -2. The installation of caissons within the bluff development setback area are necessary
for the safety and stability of the subject property and surrounding development.
C -3. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
Finding:
D. The increased bluff development area will not have an impact on public views,
sensitive habitat areas, and is not otherwise detrimental to the general public health
and welfare.
Facts in Support of Findin
D -1. The proposed caissons will be installed below grade and will not result in a negative
impact to public or private views.
D -2. The bluff where development is proposed is not located within an environmental study
area. While vegetation may be temporarily removed for the installation of the caissons
they will be located below grade and will not negatively impact the growth of
vegetation on the slope area.
In accordance with Section 20.52.080 (Site Development Review) of the Zoning Code, the
Planning Commission must also make the following findings for approval of a site
development review:
Finding:
E. The proposed development is allowed within the subject zoning district;
Facts in Support of Finding:
E -1. The site is designated RS -D (Single -Unit Residential Detached) by the General Plan
Land Use Element. This designation allows for a range of detached single - family
residential dwelling units; each located on a single legal lot, and does not include
condominiums or cooperative housing. The existing single - family residence is
consistent with this land use designation. The proposed project requires a site
development review to allow the proposed caissons within Bluff Development Area C.
E -2. The existing residence is compatible with the land uses permitted within the
surrounding neighborhood. The new caissons will improve slope stability to maintain
the existing structures on -site.
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E -3. The subject property is not part of a specific plan area.
Finding:
F. The proposed development is in compliance with all of the applicable criteria identified
in Subparagraph C.2.c:
a. Compliance with this Section, the General Plan, this Zoning Code, any
applicable specific plan, and other applicable criteria and policies related to the
use or structure;
b. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent development;
and whether the relationship is based on standards of good design;
c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures
on the site and adjacent developments and public areas;
d. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
e. The adequacy and efficiency of landscaping and open space areas and the use
of water efficient plant and irrigation materials; and
The protection of significant views from public right(s) -of -way and compliance
with Section 20.30. 100 (Public View Protections); and
Facts in Support of Finding:
F -1. The site is designated RS -D (Single -Unit Residential Detached) by the General Plan
Land Use Element. The subject property is located on the R -1, B (Single -Unit Residential
Detached, Bluff Overlay) zoning district. The RS -D land use designation and the R -1
zoning district are intended to provide for areas appropriate for a range of detached
single - family residential dwelling units; each located on a single legal lot. The existing
single - family residence on the subject property is consistent with these designations.
The proposed project requires a site development review to allow an increase in
development area permitted by the Bluff Overlay to allow for the construction of caissons
to support the existing principal and accessory structures.
F -2. The development of the proposed caissons in the bluff development setback area will
ensure the harmonious and safe relationship of the existing residence to the accessory
structures on -site and development on the adjacent properties. The proposed project
will increase the slope stability of structures developed on the slope along Bayside
Drive.
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F -3. The proposed development within the development setback Area C will occur below
grade and will not result in additional building bulk or visible structures along the
existing coastal bluff.
F -4. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property. Any additional utility upgrades required for the
change in occupancy will be required at plan check and have been included in the
conditions of approval.
F -5. While the proposed project may result in the temporary removal of vegetation along
the coastal bluff for the installation of the caissons, this condition will not be permanent
and vegetation will be allowed to grow within the bluff setback area following the
completion of construction.
F -6. Public views will not be impacted because the proposed construction will occur below
grade. The project -site occurs below the public right -of -way, and the project site is not
designated as a public view point by the City's General Plan.
Finding:
G. The proposed development is not detrimental to the harmonious and orderly growth of
the City, or 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 of the proposed development.
Facts in Support of Finding:
G -1. The project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. The existing railroad ties within the right -of-
way along Bayside Drive will be removed to reduce the occurrence of private access
and jaywalking. The curb drains along Bayside Drive will be modified to add an energy
reducer and ensure that the discharge stays within the flow line.
G -2. The tenant improvements to the project site will comply with all Building, Public Works,
and Fire Codes. All ordinances of the City and all conditions of approval will be
complied with.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Site
Development Review No. SD2011 -001, subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
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Planning Commission Resolution No.
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 22 "d DAY OF SEPTEMBER, 2011.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Charles Unsworth, Chairman
lEW
Bradley Hillgren, Secretary
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Planning Commission Resolution No. _
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
PLANNING
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. Site Development Review No. SD2011 -001 shall expire unless exercised within 24
months from the date of approval as specified in Section 20.54.060 of the Newport
Beach Municipal Code, unless an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Site
Development Review.
5. This Site Development Review may be modified or revoked by the City Council or
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 change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Site Development Review or
the processing of a new site development review.
7. Should the property be sold or otherwise come under different ownership, any future
owner(s) or assignee(s) shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
8. 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.
9. A copy of this approval letter shall be incorporated into the Building Division and field
sets of plans prior to issuance of the building permits.
10. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Site
Development Review 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
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plans shall accurately depict the elements approved by this Site Development Review
and shall highlight the approved elements such that they are readily discernible from
other elements of the plans.
11. 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.
12. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise to between the hours of T00 a.m. and 6:30 p.m., Monday through
Friday and between the hours of 8:00 a.m. and 6:00 p.m. on Saturday. Noise -
generating construction activities are not allowed on Sundays or Holidays.
13. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Nguyen Residence Site Development Review
including, but not limited to, the Site Development Review No. SD2011 -001 (PA2011-
129). This indemnification shall include, but not be limited to, damages awarded against
the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection
with such claim, action, causes of action, suit or proceeding whether incurred by
applicant, City, and /or the parties initiating or bringing such proceeding. The applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The applicant
shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
Fire Department and Building Division Conditions
14. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. A building permit is required for the proposed caissons. 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. Complete sets of drawings including architectural,
electrical, mechanical, and plumbing plans shall be required at plan check.
15. The applicant shall employ the following best available control measures ( "BACINs") 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.
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• 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
• 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 car pooling 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 percent soil moisture content in the
top six -inch surface layer, subject to review /discretion of the geotechnical
engineer.
Public Works Conditions
16. Prior to final of building permits, the stairs and wall within the public right -of -way of
Bayside Drive shall be removed, subject to review and approval of the Public Works
Department. Structural encroachments are not permitted within the public right -of -way.
17. Prior to final of building permits, a modification of the curb drains along Bayside Drive
shall be required to add an energy reducer and ensure that the discharge stays within the
flow line, subject to review and approval of the Public Works Department.
18. Traffic control and truck route plans shall be reviewed and approved by the Public
Works Department before their implementation. Large construction vehicles shall not
be permitted to travel narrow streets as determined by the Public Works Department.
Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagman.
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Attachment No. PC 2
Draft Resolution for Denial
RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING SITE DEVELOPMENT
REVIEW NO. SD2011 -001 FOR PROPERTY LOCATED AT 1401
DOLPHIN TERRACE (PA2011 -129)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Tien and Amy Nguyen, with respect to property located at
1401 Dolphin Terrace, and legally described as Lot 4 of Tract No. 2334 requesting
approval of a site development review.
2. The applicants request approval of a site development review to allow an increased
development area within the Bluff Overlay District for the construction of 16 caissons
within Development Area C for safety and slope stability of an existing residence and
patio terrace.
3. The subject property is located within the R -1, B (Single -Unit Residential, Bluff Overlay)
zoning district and the General Plan land use element category is RS -D (Single -Unit
Residential Detached).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD -A (Single -Unit Residential Detached).
5. A public hearing was held on September 22, 2011, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA)
Guidelines, projects which a public agency rejects or disapproves are not subject to
CEQA review.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.28.040 (Bluff (B) Overlay District) of the Zoning Code, an
increase in the development area for properties located within the Bluff Overlay zoning district
require the approval of a site development review. The Planning Commission may approve a
site development review only after making each of the required findings set forth in Section
20.48.040 (Bluff (B) Overlay District) and Section 20.52.080 (Site Development Review) In
Planning Commission Resolution No. _
Page 2 of 3
this case, the Planning Commission was unable to make the required findings based upon
the following:
1. The design, location and size of the proposed development are not compatible with
the allowed uses and development in the vicinity. The proposed structures are not
necessary to ensure the slope stability and safety of the existing development on the
subject property.
2. The site is not physically suitable in terms of design, location, shape and size . The
Planning Commission does not consider the existing structure on the subject property
a unique circumstance resulting in any necessity to warrant approval of the proposed
project.
3. The proposed development is neither required by code nor necessary for the
enjoyment of the property. If desired, and as shown through previously approved
building permits, the subject property can be utilized to comply with the requirements
of the Newport Beach Municipal Code.
4. The subject property is consistent in orientation, size and shape with typical lots in this
neighborhood which are designed with single - family residential development. The
proposed development could prove detrimental to the Irvine Terrace neighborhood.
The proposed development would be detrimental to the harmonious and orderly
growth of the City.
5. Granting of the site development review would provide special privileges to the subject
property as the City has required bluff development regulations established by the
Zoning Code for other properties in similar areas.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Site Development
Review No. SD2011 -001.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
Tmpit: 03/08/11
Planning Commission Resolution No. _
Farce 3 of 3
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF SEPTEMBER, 2011.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Charles Unsworth, Chairman
ffim
Bradley Hillgren, Secretary
Tmplt: 03/08/11
Attachment No. PC 3
Tract No. 2334
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Attachment No. PC 4
Section 20.28.040 (Bluff (B) Overlay
District) of the Zoning Code
Overlay Zoning Districts 20.28
20.28.040 — Bluff (B) Overlay District
A. Applicability. This Section applies to lots located in the Bluff (B) Overlay District as
indicated on the Zoning Map. All development shall comply with the applicable
development standards (e.g. setbacks, height) of the underlying zoning district in
addition to the standards provided in this Section. In situations where an inconsistency
occurs between the development standards of the underlying zoning district and the
standards in this Section the most restrictive standard shall prevail.
S. Uses allowed. Land uses allowed in the B overlay district are all those uses allowed in
the underlying zoning district.
C. Development area defined. For the purpose of this Section the development area of a
lot is an area delineated for the purpose of regulating the placement and location of
structures. Each lot within the B overlay district shall be divided into two or more
development areas. Development areas are delineated on the Development Area Maps
in Part 8 and are consistent with the development areas listed in Subsection D, below.
The setbacks provided in Tables 2 -2 and 2 -3 in Section 20.18.030 (Residential Zoning
Districts Development Standards) are not used to determine development areas, but are
only used to determine the maximum floor area limit for the lot, if applicable.
Development Area A - Principal and accessory structures. Area A allows for
the development and use of principal and accessory structures. Accessory
structures allowed in Areas B and C are allowed in Area A.
2. Development Area B - Accessory structures. Area B allows for the
development and use of accessory structures listed below. Principal structures
are not allowed.
a. Allowed accessory structures. The following accessory structures are
allowed in Area B:
(1) accessory structures allowed in Area C are allowed within Area B.
(2) barbeques
(3) decks
(4) detached or attached patio covers (solid or lattice)
(5) fences, walls, and retaining walls in compliance with Section
20.30.040 (Fences, Hedges, Walls, and Retaining Walls)
(6) fireplaces and fire pits
(7) gazebos
(8) outdoor play equipment
(9) patios
(10) platforms
(11) porches
(12) spas and hot tubs
(13) swimming pools
(14) terraces
(15) similar structures
October 26, 2010 Newport Beach Zoning Code, Title 20 �
20.28 Overlay Zoning Districts
b. Development standards for accessory structures. The following
development standards apply to Area B:
(1) Covered accessory structures (e.g., trellis, gazebos, patio covers)
shall not exceed 12 feet in height from existing grade or finished
grade or exceed 400 square feet in cumulative total area.
(2) Retaining walls shall comply with Section 20.30.040 (Fences,
Hedges, Walls, and Retaining Walls).
3. Development Area C — Limited accessory structures. Area C allows for the
development and use of limited accessory structures. The following accessory
structures are allowed in Area C:
a. benches
b. drainage devices
C. guardrails and handrails required by building code
d. landscaping /irrigation systems
e. on -grade trails
f. on -grade stairways
g. property line fences and walls, not including retaining walls
h. underground utilities
i. similar structures.
D. Location of development areas. The development areas are listed below and depicted
in the referenced map exhibits located in Part 8. The placement of structures and
grading is limited by development areas as defined in this Section and in Subsection C,
above. The development areas for each parcel are polygons established by the property
lines and the following development lines. (See Part 8, Map Exhibits 1 -8) All contour
lines refer to NAVD88 contours.
1. Map 1 - Kings Place
a. Kings Place (104 -112 and 204 -224)
(1) Development Area A. Between the front property line adjacent to
Kings Place and the development line established at an elevation
that is 16 feet below the average elevation of the top of the curb
adjacent to the lot.
(2) Development Area C. All portions of the lot not located in Area A.
b. Kings Place (116 -200)
(1) Development Area A. As indicated by the specified distance (in
feet) from the front property line on the development area map.
(2) Development Area B. All portions of the lot not located in Area A
or C.
Newport Beach Zoning Code, Title 20 October 26, 2010
Districts
ROW
(3) Development Area C. Between the down slope boundary of Area
A and a development line established at the 26 -foot contour line *.
(4) Additional development standards. Sport courts are allowed in
Area B. Enclosed accessory structures that do not exceed 12 feet
in height from existing or finished grade and do not exceed 400
square feet (cumulative) in area shall be allowed in Area B.
2. Map 2 - Irvine Terrace
a. Dolphin Terrace
(1) Development Area A. Between the front property line adjacent to
Dolphin Terrace and a 10 -foot setback from the top of the existing
bluff.
(2) Development Area B. Between the 10 -foot setback from the top of
the existing bluff and a line established at an elevation that is 13
feet below the average elevation of the top of the curb adjacent to
the lot.
(3) Development Area C. All portions of the lot not located in Areas A
and B.
3. Map 3 - Irvine Terrace
a. Bayadere Terrace (1607)
(1) Development Area A. The extent of the existing principal structure.
(2) Development Area B. Between the extent of the existing
development and a development line established at an elevation
that is 13 feet below the average elevation of the top of the curb
adjacent to the lot.
(3) Development Area C. All portions of the lot not located in Areas A
and B.
Bayadere Terrace (1615 -1638)
(1) Development Area A. Between the front property line adjacent to
Bayadere Terrace and the 48 -foot contour line *.
(2) Development Area B. Between the 48 -foot contour line* and a
development line established at an elevation that is 13 feet below
the average elevation of the top of the curb adjacent to the lot.
(3) Development Area C. All portions of the lot not located in Areas A
and B.
October 26, 2010 Newport Beach Zoning Code, Title 20
Attachment No. PC 5
Bluff Overlay Map B -2 (Irvine Terrace,
Dolphin Terrace)
z
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FCOVE
a
13 ft Below Top of Curb -
1015 -1541 Dolphin Terrace
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Development Areas Delineated By: 2, Development AreaA
Specified Distance from Front Property line :.: Development Area a
.;. B -2 Irvine Terrace - Dolphin Terrace
�••. Specified Distance Below Top of Curb DevelopmentAreaC
p`" Specified Contour
Attachment No. PC 6
Geotechnical Engineer's Calculations
and Findings
S T R A T A- T E C H, I N C.
G E O C O N S U L T A N T 8
Avenue, Unit F,Buena Park, California 90620
July 18, 2011
Dr. Tien Nguyen
1401 Dolphin Terrace
Corona Del Mar, California,
Reference:
RECEIVED BY
PLANNING DEPARTMENT
JUL 2 5 2011
CITY OF NEWPORT BEACH
714 - 521 -5611
562- 427 -8099
FAX 714 -521 -2552
W.0.260809
Subject: Memorandum Response, Planning Division
Letter 7 -711, Distressed Rear Yard, 1401
Dolphin Terrace, Newport Beach, California
1. Limited Geotechnical Investigation, Distressed Rear Yard Planter Boxes: 1401 Dolphin
Terrace, Corona Del Mar, California By STRATATECH, dated December 9, 2009, W.O.
260809
2. Geotechnical Engineering Response to Geotechnical Review Sheet dated March 11,
2011, STRATATECH, Inc., Dated April 5, 2011.
Dr. Nguyen:
Pursuant to your request, this letter has been prepared to address item 1 of the July 7, 2011 letter
prepared by Nakana Nova of the Community Development Department Planning Division.
In her letter, Ms. Nova asks "Please provide calculations demonstrating the slope stability of the
land above the caissons after the proposed development is constructed "
DISCUSSION:
The purpose of the proposed caisson wall is to stabilize the rear patio /planter area that is located at
the top of an existing slope that descends toward Bayside Drive. The upper portion of the slope is
exhibiting obvious signs of distress. The existing slope was analyzed and a safety factor of less than
FS -1.5 was determined for the near surface descending slope and the patio area. A critical safety
factor of 1.5 static and 1.1 seismic was identified within the cross section of the unstable slope.
The earth materials below the critical safety factor line was then used to provide stable bearing
material for the design of the proposed soldier pile stabilization system. This proposed soldier pile
system is designed to stabilize the patio area and planters located landward from the top of the
bluff.
5 T R A T A- T E C H I I N C.
6 E O C O N S U L T A N T S
Dr. Tien Nguyen W.O. 260809
Response to Planning Review letter 2 July 18, 2011
The static and seismic stability analysis is presented in the appendix section of the referenced
report A final soldier pile design criterion is presented in references 2. Since the design pressures
of the soldier piles was based using a safety factor of 1.5, the proposed soldier piles will increase
the bluff top behind the piles to a safety factor greater than or equal to FS = 1.5.
Please contact this office with questions or discussion.
Respectfully
submitted:
STRATA -TECH, Inc.
ESS
No.
T211Ur466�6
3
E.P 06 EwP, 09 -3-12
NG REGIStERE ENGINEERI
F CAOcjO
j x Z n
Roland Acufia Larry Finley
CEG 2113 RCE 46606
FROM : STRATA —TECH FAX NO. : 714 5212552 Aug. 23 2011 09:09AM P1
S T R A T A - T E C H 1 N G. 714 -821 -8619
"MOW, agxgg>.ga,e.? r 562 - 427 -6098
O E ❑ C O N S U L 7 A N 7 8 FAX 714- 521 -2552
7372 Walnut Avenue, Unit F.Buona Park, California 90620
August 20, 2011 W.O.260809
Dr. Tien Nguyen
1401 Dolphin Terrace
Corona Del Mar., California,
Subject: Geotechnical Engineering Memorandum to
Planning Review Sheet dated March '11, 2011
Reference:
1. STRATA- TEC1 -1, lne., dated December 9, 2009, Limited Geotechnical Investigation, and
Distressed Rear. Yard Planter Boxes: 1401 Dolphin Terrace, Corona Del Mar, California
W.O. 260809.
Gentlemen:
As instructed by you, STRATA -TECH, Inc. is responding to questions by planning regarding the
Geotechnical Review. A meeting with Dr. Bagahi, geotechnical reviewer for Newport Beach on
8 -17 -11 is the basis for the following submittal:
Ataohed please find calculations demonstrating the post stabilization factor of safety is greater
than F.S.= 2.00.
FROM : STRATA —TECH FAX NO. : 714 5212552 Rug. 23 2011 09 :09AM P2
STRATA - T E C M, I N C.
G E 0 C 0 N H U L T A N T 8
Dr. Tien Nguyen 2 W.O. 260og
Auaust 20, 2011
Respectfully submicced:
STRATA- TECfd, Inc.
Roland Acuna, PG
President
Attachments:
Stability calculations upslopc from proposed piles
Pile design load and post construction F'.S >/= 2.00
Portion of cross section B -B
Larry
RCE
FROM : STRATA -TECH
FAX NO. : 714 5212552 Aug. 23 2011 09:09AM P3
PILE DESIGN LOAD, BASED ON SLOPE STABILITY
F. s :_7
FeoG.c
V /y, 8 x/ 2, op - z 2,5- z-/a_ z v - 3 S-66, z)
. e X-rr
Zoo LZ)
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Geotechnical Engineering Investigation Work Order 260809
1401 Dolphin Terrace
Newport Beach, California 0
STRATA - TECH, INC.
FROt1 : STRATA -TECH FAX N0. : 714 5212552 Aug. 23 2011 09:09AN P4
SLOPE STABILITY CALCULATIONS
Section:
A -A'
Shear Strength
Material 1
Cohesion, psf
200
Friction Angle,
24
tan ¢
0.445
Unit Weight, pcf
120
Segment
Area
2
IFl)
Weight of
Segment
Ki s /LF
Slide
Plane
Angle
sin a
cos a
Driving
Force
W Sin a
Normal
Force
W Cos a
Length
9
(Feet)
1
75
9,0
30
0.500
0.866
4.5
7.8
7
2
48
5.8
31
0.515
0.857
3.0
4.9
5
3
41
4,9
32
0.530
0.848
2.6
4.2
5
4
32
3.8
37
0.602
0.799
23
3.1
6
5
29
3.5
43
0.682
0.731
2.4
2.5
12
STATIC:
F.S. _
E CL
7.0
17.0
14.8
+ Z W COSL44 ron,
£ W sin a
+ 10.0
14.8
- 1.15
E
14.8
22.5
35
. Geotechnical Engineering Investigation
Dolphin Terrace
Newport Beach, California
Work Order W.O. 260809
Plate No.
STRATA - TECH, INC-
FROM : STRATA -TECH FAX NO. : 714 5212552 Aug. 23 2011 09:10RM P5
SEISMIC SLOPE STABILITY CALCULATIONS
Section:
A -A'
Shear Strength
MATERIAL
1
Cohesion, psf
260
Friction Angle,
24
tan fi
0.445
Unit Weight, pct
120
Segment
Area
z
IFt 1
Weight of
Segment
Ki s /LF
Slide
Plane
Angle
sin a
cos a
Driving
Force
W Sin a
Normal
Force
W Cos a
Length
(Feet)
A
75
9.0
30
0.500
0.666
4.5
7.8
7
B
48
5.8
31
0.515
0.857
3.0
4.9
5
C
41
4.9
32
0.530
0.848
2.6
4.2
5
D
32
3.8
37
0.602
0.799
2.3
3.1
6
E
29
3.5
43
0.682
0,731
2.4
2.5
12
E 14.8 22.5
PSEUDOSTATIC:
£ CL +(£ W cosy —K E W stn a) tan d
F.S. _
E W sing +K E W cos a
— 9.1 + 9.0 K = 0.15 )
18.1
18.1
=
18.1 1.00
Geotechnica) Engineering Investigation
Dolphin Terrace
Newport Beach, California
Work Order w.o. 260809
Plate No.
STRATA - TECH, 1A(C.
Attachment No. PC 7
Site Photos
Map Output Pagge 1 of 1
-� - 2009/2010 Photo provided by Eagle
Aerial Imaging www.eagleae6ai.com
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Site Photos from Bayside Drive
-juoject property (14u1 uoipnin i errace)
1325 Dolphin Terrace with subject property beyond
Slope view of subject property (1401 Dolphin Terrace)
Subject property and 1409 Dolphin Terrace beyond
r UUCaaUiy aUuUwita ai aUUJCUi NivNciiy
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Site wall slipping or
Patio terrace cracking on the subject property
Attachment No. PC 8
Project plans
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Planning Commission September 22, 2011
Nguyen Residence Site Development Review
1401 Dolphin Terrace
Site Development Review No. SD2011 -001
(PA2011 -129)
FA
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13 ft Below Top o232 12,
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13 0g 13u
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Development Areas Delineated By: — Development Area A
Specified Distance from Front Property Line ; ; ; ; ; : ; Development Area B
■ ■ ■ Specified Distance Below Top of Curb Development Area C
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STATEMENT OF PURPOSE: Provide noted Caissons to stablize slope creep
as seen in crocked walls and pavement movement. No additional slope
work, grading or poveing is forseen at this time.
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