HomeMy WebLinkAbout02 - La Jolla Residence Modification Permit - PA2014-037COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Fax: (949) 644 -3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 15, 2014
Agenda Item No. 2:
SUBJECT: La Jolla Residence Modification Permit - (PA2014 -037)
210 La Jolla Drive
Modification Permit No. MD2014 -002
APPLICANT: Scott Peotter, Aslan Companies, Inc.
PLANNER: Benjamin M. Zdeba, Assistant Planner
(949) 644 -3253, bzdeba @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: R -1 (Single -Unit Residential)
• General Plan: RS -D (Single -Unit Residential Detached)
PROJECT SUMMARY
A modification permit to allow a 65- percent addition to an existing nonconforming single -
family residence where the code limits additions up to 10 percent of the existing gross
floor area when the required parking dimensions are not provided. The garage currently
provides a 17 -foot 8 -inch width and a 19 -foot 2 -inch depth where 20 feet is required for
both dimensions. As proposed, the garage will be modified to provide an 18 -foot 10 -inch
width and a compliant depth of 20 feet.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit
No. MD2014 -002 (Attachment No. ZA 1).
DISCUSSION
The subject property is located within the Newport Heights neighborhood which is
characterized by a mix of single -story and two -story single -unit residences where the
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La Jolla Residence Modification Permit
Zoning Administrator May 15, 2014
Page 2
adjacent properties are two -story residences. The property is 5,325 square feet
(approximately 0.12 acres) in area and has a lot width of approximately 50 feet.
• The property is developed with a 1,280- square -foot, single -story residence and 330 -
square -foot attached garage originally built in 1955. Minor additions to the residence
were constructed in 1976 to enlarge the kitchen and in 1980 to enlarge a bathroom.
At the time the original residence and garage were constructed, the minimum clear
interior dimensions of the two -car garage (17 feet 8 inches wide by 19 feet 2 inches
deep) were compliant with the requirements of the Zoning Code. The garage has not
been altered since the time of original construction.
• The current Zoning Code requires the minimum clear interior dimensions for a two -
car garage on lots wider than 40 feet to be 20 feet wide by 20 feet deep. Due to the
change in the development standards related to minimum size of garage parking
spaces required for lots 40 feet wide or more, the existing two -car garage is legal
nonconforming. Additions to the existing residence are limited to 10 percent of the
existing structure (Section 20.38.060.2.a and b: Nonconforming Parking —
Dimensions or Type of Parking Spaces). A larger addition can be permitted with
approval of a Modification Permit (Section 20.52.050).
• The proposed 1,041- square -foot addition consists of an expanded 377 - square -foot
first -floor area and a new 664- square -foot master suite located above the existing
first -floor level.
• As part of the expansion on the first floor, the applicant proposes to enlarge the
garage such that the depth is increased to conformance at 20 feet and the width is
increased to 18 feet, 10 inches. The proposed width is substandard; however, the
clear interior garage spaces proposed are adequate to accommodate two vehicles.
• The proposed addition will result in a residence that is comparable in size and scale
to other single -unit residences in the neighborhood. The maximum floor area
limitation for the property is 6,700 square feet. The applicant's proposed addition
would create a residence with a total of 2,696 square feet including the garage.
• Pursuant to the Zoning Code (Table 3 -10: Off- Street Parking Requirements), the
addition will not result in a single -unit residence over 4,000 square feet of livable
area; therefore, a third parking space is not required.
• The alternative would be to require the existing garage to be modified to provide the
minimum 20 -foot garage width, which would require alteration and modification of the
existing structure above and beyond the current scope of work due to the required side
setback area and a grade difference between the southwesterly garage side and the
abutting bedroom.
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La Jolla Residence Modification Permit
Zoning Administrator May 15, 2014
Page 3
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). This exemption
includes additions up to 10,000 square feet where public services and utilities are
available and the area is not considered environmentally sensitive. The proposed
project is a 1,041- square -foot addition to an existing single - family residence in a
developed neighborhood and is not within an environmentally sensitive area.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights -of-
way and waterways) including the applicant and posted on the subject property at least
10 days before the scheduled hearing, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644 -3200.
Prepared by:
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nt Planner
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Attachments: ZA 1
ZA 2
ZA 3
ZA 4
ZA 5
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Draft Resolution
Vicinity Map
Applicant's Justification
Site Photos
Project Plans
0
Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2014-
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2014 -002 TO ALLOW A 65- PERCENT
ADDITION TO AN EXISTING NONCONFORMING SINGLE -
FAMILY RESIDENCE LOCATED AT 210 LA JOLLA DRIVE
(PA2014 -037)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Scott Peotter, Aslan Companies, Inc., on behalf of the
property owner with respect to property located at 210 La Jolla Drive and legally
described as Tract 444, Lot 47 and Portion of Abandoned Public Right -of -Way,
requesting approval of a modification permit.
2. The applicant proposes a modification permit to allow a 65 *Wcent addition to an existing
nonconforming single - family residence where the code limits additions up to 10 percent
of the existing gross floor area when the required parking dimensions are not provided.
The garage currently provides a 17 -foot 8 -inch width and a 19 -foot 2 -inch depth where 20
feet is required for both dimensions. As proposed, the garage will be modified to provide
an 18 -foot 10 -inch width and a compliant depth of 20 feet.
3. The subject property is located within the R -1 (Single -Unit Residential) Zoning District
and the General Plan Land Use Element category is RS -D (Single Unit Residential
Detached).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on May 15, 2014, in the Corona del Mar Conference Room
(Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. 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
Zoning Administrator 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 (CEQA) under Class 1 (Existing Facilities)
of the Guidelines for CEQA.
2. This exemption includes additions up to 10,000 square feet where public services and
utilities are available and the area is not considered environmentally sensitive. The
proposed project is a 1,041- square -foot addition to an existing single - family residence
in a developed neighborhood and is not within an environmentally sensitive area.
Zoning Administrator Resolution No. ZA2014-
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050.E (Required Findings, Modification Permits) of the
Newport Beach Municipal Code (NBMC), the following findings and facts in support of the
findings for a modification permit are set forth:
Findinq:
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The neighborhood is comprised of a development pattern of one- and two -story single -
unit dwellings. The Modification Permit will allow a second -story addition to a one -story
single -unit residence within the subdivision.
2. The applicant is proposing a 65- percent addition to the existing structures on the lot. The
proposed addition will comply with all of the development standards, including floor area
limitation, height, and setbacks.
3. The resulting residence will consist of 2,696 square feet (2,296 square feet plus a 400 -
square -foot garage). Pursuant to Table 3 -10: Off - Street Parking Requirements of the
Zoning Code, it will not require the addition of a third garage parking space since the
livable floor area (not including the garage) is less than 4,000 square feet.
4. The proposed addition will result in a residence that is similar in bulk and scale to
others in the Newport Heights neighborhood.
5. The existing development on the property is a single - family residence. As such, there
is no change to the density or intensity under the proposed remodel and addition.
Finding:
8. The granting of the modification is necessary due to practical difficulties associated
with the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code.
Facts in Support of Finding:
1. The residences in this area were constructed with garages that were in compliance with
the Zoning Code at the time of construction. The current Zoning Code requires
minimum interior garage dimensions of 20 feet wide by 20 feet deep. The lot was
permitted to be developed with a single - family residence and attached garage in 1955.
Therefore, the structure is considered legal nonconforming.
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Zoning Administrator Resolution No. ZA2014-
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2. Although the existing garage does not provide the minimum clear interior dimensions
required by the Zoning Code, it does provide two useable garage spaces and,
therefore, meets the intent of the Zoning Code by providing adequate parking on the
site. Approval of the Modification Permit allows the applicant to continue the use of the
existing two -car garage, which has not proven detrimental to the occupants or
neighbors.
3. The existing garage provides clear interior dimensions of 17 feet 8 inches in width by
19 feet 2 inches in depth. The proposed alterations to the attached garage will result in
an increased width of 18 feet 10 inches and a conforming depth of 20 feet. Given the
design of the existing residence coupled with the grade difference and proposed scope
of work, bringing the garage into conformance would require a significant expansion in
the scope of work.
4. The existing and proposed development will comply with the height limit, floor area
limitation, and residential design criteria as shown on the proposed plans.
Finding:
C. The granting of the modification is necessary due to the unique physical
characteristic(s) of the property and /or structure, and /or characteristics of the use.
Facts in Support of Finding:
1. The clear interior dimensions of the existing two -car garage were in compliance with
the Zoning Code at the time of original construction. However, as a result of
amendments to the Zoning Code, the two -car garage is now substandard in size, and
is therefore legal nonconforming.
2. Bringing the existing two-car garage into conformance with the clear interior dimensions
required by the current Zoning Code would result in a significant increase in the scope of
the project. Since the existing garage provides two useable spaces, the intent of the code
is achieved.
Finding:
D. There are no alternatives to the Modification Permit that could provide similar benefits
to the applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public.
Facts in Support of Finding:
1. The alternatives would require that the applicant bring the existing two -car garage into
conformance by expanding or relocating the existing garage. The garage is being
expanded up to the 4 -foot side setback area and is hindered from further expansion
inward by an existing structural wall and grade differential at the southwestern side of
the garage.
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Zoning Administrator Resolution No. ZA2014-
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2. The only other alternative is to maintain the existing residence without constructing the
proposed addition.
3. The granting of the Modification Permit would not constitute a special privilege
inconsistent with the limitations upon other R -1 zoned properties as it allows the
property owner to maintain equity with other homes in the Newport Heights
neighborhood, where similar additions have occurred. The proposed project is
consistent with historic development in the neighborhood.
4. Strict compliance with 10- percent addition of the existing gross floor area pursuant to
Section 20.38.060.2.a (Nonconforming Parking) of the Zoning Code significantly limits
the ability of the property owner to create a two -story home thereby depriving a
substantial property right afforded by other R -1 zoned lots in the Newport Heights
neighborhood.
Finding
E. The granting of the modification would not be detrimental to public health, safety, or
welfare to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
Fact in Support of Finding
1. Though the proposed minimum clear interior dimensions will be less than the minimum
required by the Zoning Code, it provides sufficient area for use as a two -car garage. The
size of the spaces has not been detrimental to the occupants of the property, nearby
properties, neighborhood, or City.
2. The project will improve a nonconforming garage such that the provided interior
dimensions are in substantial compliance with the required minimum dimensions and
will comply with all other provisions of the R -1 Zoning District.
3. The approval of this Modification Permit is conditioned such that the applicant is
required to obtain all necessary permits in accordance with the Building Code and
other applicable Codes. The applicant/owner is required to obtain a building permit. The
construction will then be inspected prior to building permits being finaled.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2014 -002, 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 14 days after the adoption of this
Resolution unless within such time an appeal is filed with the Community Development
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Zoning Administrator Resolution No. ZA2014-
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Director in accordance with the provisions of Title 20 (Planning and Zoning), of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 151h DAY OF MAY, 2014.
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Zoning Administrator Resolution No. ZA2014-
Page 6 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
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. Modification Permit No. MD2014 -002 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions)
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 ajproval.
4. The applicant shall comply with all federal, state, arid 19cal laws. Material violation of
any of those laws in connection with the use may be cue for revocation of this Use
Permit.
5. The Zoning Administrator may add to or modify the conditions of approval to this
Modification Permit or revoke this Modification Permit upon a determination that the
operation, which is the subject of this Modification Permit, causes injury, or is detrimental
to the health, safety, peace, comfort, or general welfare of the community.
6. A copy of the Resolution, including conditions of approval (Exhibit "A ") shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
7. 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 Modification
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 Modification Permit and shall highlight the
approved elements such that they are readily discernible from other elements of the
plans.
8. 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 La Jolla Residence Modification Permit including,
but not limited to, the Modification Permit No. MD2014 -002 (PA2014 -037). This
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Zoning Administrator Resolution No. ZA2014-
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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.
Building Division
9. 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.
10. Prior to the issuance of building permits, the aYnt shall provide a slope - stability
analysis for review for the proposed addition cg stent ith Policy CBC 1803.5.
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Attachment No. ZA 2
Vicinity Map
15
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20
VICINITY MAP
Modification Permit No. MD2014 -002
PA2014 -037
210 La Jolla Drive
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28
Attachment No. ZA 3
Applicant's Justification
19
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20
ASL A N
COMPANIES
I N C O R P O R A T E D
March 11, 2014
Kim Brandt
Director of Community Development
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Modification Request PA2013 -017
210 La Jolla Drive
Newport Beach, CA 92663
Dear Mrs. Brandt:
This is a resubmittal of our Modification Request from 2013. We are requesting, on behalf
of the owner, a Modification of the parking standards.
Project Description:
Single Family House Expansion. This Project adds 1,041 SF of living space to an existing
1,280 SF house for a total of 2,296 SF. See Sheet T -1 for details.
Modification Request:
Typical for this neighborhood the zoning requirements for off - street parking have changed
since this home was built. The project lot width is 46' -5 ", so the required garage size is
20' -0" x 20' -0 ".
We are adding more than 10 %, so a modification is required. Parking in the Existing
Garage is 17' -8 "wide x 19' -2 "deep. We have changed the modification request from the
original submittal, where there were no proposed changes to the existing garage. The
revised project enlarges the garage to 20' -0" deep (complies) x 18' -10" wide (non-
compliance). We cannot add the additional 1' -2" in width because of the setback on the
North side and the existing bedroom foundation on the south side. There is a 1' -3" grade
difference between Bedroom 2 and Garage with a stem wall footing between.
Justification and Required Findings
1. The requested modification will be compatible with existing development in the
neighborhood;
The project provides 2 parking spaces as required by the current code. The size is
too narrow for sites 40' or greater in width by 7" per space or an overall size of f'-
2" less than required by code. Existing homes in the area are non - compliant and
14252 Culver Drive, Suite A -305, Irvine, CA 92604
Email: soeotter(a).aslanco.com ,TeL91250.7118
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311112014
Page 2
compliant with this updated size requirement, depending on the age and lot width
of the home. The proposed improvements will make the garage more compliant
then it currently is.
2. The granting of the modification is necessary due to the unique physical
characteristic(s) of the property and /or structure, and /or characteristics of the use;
The existing building is in good repair and because of the grade difference
between Bedroom 2 and the Garage, it would be very difficult and impractical to
comply without major structural changes to the house.
3. The granting of the modification is necessary due to practical difficulties associated
with the property and that the strict application of the Zoning Code results in
physical hardships that are inconsistent with the purpose and intent of the Zoning
Code;
Because of the un- engineered fill (see soils information below) any changes to the
existing structure are difficult. We have kept our revisions to a single new 2 story
addition in order to minimize the disruption to the existing soils and foundations.
The additional 1' -2" would cause a major disruption of the existing structure in an
area that is not proposed to be modified.
4. There are no alternatives to the Modification Permit, that could provide similar
benefits to the applicant with less potential detriment to surrounding owners and
occupants, the neighborhood, or to the general public; and
The only reasonable alternative would be to reduce the setback on the north side
of the Garage to 3' -0" from the required 4' -0 ". But this would have a more
detrimental effect to surrounding owners than the proposed modification.
5. The granting of the modification would not be detrimental to public health, safety,
or welfare to the occupants of the property, nearby properties, the neighborhood,
or the City, or result in a change in density or intensity that would be inconsistent
with the provisions of this Zoning Code.
The proposed modification exceeds the required size for sites with less than 40' of
width (18' -6 "w x19' -0 d required for sites less than 40' in width). The project site is
46' -5': The proposed Garage complies with the zoning for sites that are 6' -6"
narrower, and would not be detrimental to public health, safety, or welfare to the
occupants of the property, nearby properties, the neighborhood, or the City, or
result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
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Page 3
Existing Soils
On the previous submittal there was considerable discussion with the Building
Department over the existing soils on the site. City General maps showed a possible
landslide condition in this area of the city, which would have required shoring and
caissons or other major footing work. This would have required demolition of the garage
to gain access for this equipment. So why not tear down the whole house to accomplish
this?
Our soils report found that the existing site had un- engineered fill placed on it after the
retaining wall was previously installed, and NO landslide condition.
We have designed our site to bear on native soils below the un- compacted fill with
traditional spread footings. The soils report indicated that the un- compacted fill ranges in
depth between 2' at the front of the site to 4' -6" at the rear of the site. This un- compacted
fill has been shown in the perspective view on sheet T -2. Typical wall footings have been
indicated on Sheet T -2 as well.
Since major equipment or shoring is not required for this footing work there is no need to
demolish the garage to gain access to the rear of the existing house. Therefore since we
believe that the required findings can be made, we are asking for the modification.
We have attached an additional copy of the soils report for your review.
Since our radius maps are more than 6 months old we will have those updated as soon
as possible. We have also included the previous application for reference.
Sincerely,
ASLAN COMPANIES, INC.
Scott Peotter
Principal
M
Attachment No. ZA 4
Site Photos
25
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20
2�
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29
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30
/_nm IT i - IM LI C•w�I_vi
Project Plans
31
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33
LA JOLLA LN REMODEL
ZONING INFORMATION
APPLICABLE CODES
MARCH 7,2014
LEGEND
NEWPORT BEACH, CA
ADDRESS
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°- °- °- °' °' °'
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TOTAL PROPOSED STRUCTURAL COVERAGE 2031 SF
STRUCTURAL
COVERAGE, 203IM360= 60%
MAX, ALLOWED STRUCTURAL COVERAGE NIAFORLONE
FBI RETAINING WALL TO REMAIN. iX13
PROJECT HAS BEEN DESIGNED TO NOT
SURCHARGE THE EXISTING
W
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RETAINING
EXISTING BLDG INFORMATION
J
WALLNANYWAY.
PROPOSED SITE PLAN /ROOF PLAN
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____
EXISTING LOTIBULGNG INFORMATION
W
LOTWIDTH 46',5
LOTLENGTH 111'4"
10 J C•
LOT BF 5323 SF
SETBACK AMtA
aB133Y
SO1ENABLE AREA (MAX) 350 SF
LLI w
BUILDABLE AREA X 2 IRA, A.) 6700 SF
Z
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EXISTING I -STORY RESIDENCE 128D SF
\
EXISTING GARAGE 330 SF
°
° °
_ —'
TOTAL LIVING PACE( OTT
TOTAL LIVING SPACE (eOTHOffa 265I
/
,
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7
EXISTING F.A.R. 12eW532s= 24.Oh
A
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32SOL..
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COVERAGE 2050
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STRUCTURAL COVER 284%
STRUCTURAL COVERAGE, 151015323= 28.9%
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PARTICIPANT INFORMATION
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OWNER: GEOTEOHNICAL ENGINEER:
COMMUNITY REBUILD PARTNER; COAST GEOTECHNICAL,INO
10990 WILSHIRE BLVD, SUITE 404 1200 W COMMONWEALTH
LOS ANGELES, CA 4j FULLERTON CA 90211
(U
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DESIGNERICONTRFlGTDR' REPORT NO. W.0450413 01
2BBRREEZES OATE06114113
— — — — (E)ROORNGANDR FFRAMINO
—
1
13
SURVEYOR:
J
- ASPHALT SHINGLE
OCEANSIDE, CA 92056
(505)262.099 PETE J. DUCA
/
OUCA -MCCOY
STRUCTURAL ENGINEERING 3640 E, COAST HIM
MARK FISHER, P.E. CORONAOELMAR, CA 92625
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/
402 W. BROADWAY 4TH FLOOR (998)6]6-448)
SAN DI EGO, CA 92101 NICE 24668
7838
EXISTING SINGLE STORY RESIDENCE
(619)618
R0E56341
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