HomeMy WebLinkAbout02_411 Heliotrope Avenue Condominiums Tentative Parcel Map_PA2016-188 COMMUNITY DEVELOPMENT DEPARTMENT
VPLANNING DIVISION
low 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
cq�iFOw�avP 949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 12, 2017
Agenda Item No. 2
SUBJECT: 411 Heliotrope Avenue Condominiums (PA2016-188)
411 Heliotrope Avenue
• Tentative Parcel Map No. NP2016-024
• County Tentative Parcel Map No. 2016-189
APPLICANT: 411 Heliotrope LLC
OWNER: 411 Heliotrope LLC
PLANNER: Liz Westmoreland, Assistant Planner
(949) 644-3234, Iwestmoreland@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: R-2, Two-Unit Residential
• General Plan: RT, Two-Unit Residential
PROJECT SUMMARY
The Applicant requests a tentative parcel map for condominium purposes. An existing
duplex will be demolished and replaced with a new two-unit duplex. Approval of the
Tentative Parcel Map would allow each unit to be sold individually. No waivers of Title
19 requirements are requested.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2016-024 (Attachment No. ZA 1).
1
411 Heliotrope Condominiums (PA2016-188)
Zoning Administrator, January 12, 2017
Page 2
DISCUSSION
• The property is 5,075 square feet in area, with a slight slope to the southwest.
The property is located north of Bayside Park, on Heliotrope Avenue between
First Avenue and Bayside Drive.
• A duplex will be demolished and replaced by a two-unit duplex. The Code
required two-car parking per unit will be provided.
• Approval and recordation of the Tentative Parcel Map will merge the portions of
underlying parcels into a single legal lot and allow each unit to be sold
individually.
• The property is designated for two-unit residential use by the General Plan and
Zoning Code. The new two-unit dwelling is consistent with this designation and a
tentative parcel map for condominiums does not change the use or density on
the property.
• The new condominium project will conform to current Newport Beach Municipal
Code requirements and meet all Title 19 standards.
• Public improvements will be required of the applicant per the Municipal Code and
Subdivision Map Act.
Environmental Review
The project is categorically exempt under Section 15315, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). The Class 15
exemption allows the division of property in urbanized areas zoned for residential,
commercial, or industrial use into four or fewer parcels when the division is in
conformance with the General Plan and zoning, no variances or exceptions are
required, all services and access to the proposed parcels are available, the parcel was
not involved in a division of a larger parcel within the previous two years, and the parcel
does not have an average slope greater than 20 percent. The Tentative Parcel Map is
for condominium purposes and is consistent with all of the requirements of the Class 15
exemption.
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
TmpIt:05-05-16
411 Heliotrope Condominiums (PA2016-188)
Zoning Administrator, January 12, 2017
Page 3
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 10 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
Liz WestnIZoreland, Assistant Planner
GWRIIaw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
TmpIt:05-05-16
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2016-024 FOR TWO-UNIT CONDOMINIUM
PURPOSES LOCATED AT 411 HELIOTROPE AVENUE
(PA2016-188)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by 411 Heliotrope LLC., with respect to property located at 411
Heliotrope Avenue and legally described as the southwesterly 25 feet of Lot 11, the
northeasterly 18 feet of Lot 9 in Block 334 of Corona Del Mar, requesting approval of a
tentative parcel map.
2. The applicant proposes a tentative parcel map for two-unit condominium purposes. An
existing duplex will be demolished and replaced with a new two-unit duplex. The
Tentative Parcel Map would merge the portions of underlying parcels into a single legal
lot and allow each unit to be sold individually. No waiver of Title 19 (Subdivisions)
development standards are proposed with this application.
3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Element category is Two-Unit Residential (RT).
4. The subject property is located within the coastal zone. The Coastal Land Use category
is Two-Unit Residential (RT-D).
5. A public hearing was held on January 12, 2017 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 is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3.
2. The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is
in conformance with the General Plan and zoning, no variances or exceptions are
required, all services and access to the proposed parcels are available, the parcel was
not involved in a division of a larger parcel within the previous two years, and the
parcel does not have an average slope greater than 20 percent. The Tentative Parcel
5
Zoning Administrator Resolution No. ZA2017-###
Page 2 of 9
Map is for condominium purposes and is consistent with all of the requirements of the
Class 15 exemption.
SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code and is approved based on the following findings per Section 19.12.070 (Required
Findings for Action on Tentative Maps) of Title 19:
Finding:
A. That the proposed map and the design or improvements of the subdivision are consistent
with the General Plan and any applicable specific plan, and with applicable provisions of
the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
1 . The Tentative Parcel Map is for two-unit residential condominium purposes. A
duplex will be demolished and replaced with a new two-unit duplex. The proposed
subdivision and improvements are consistent with the density of the R-2 Zoning
District and the RT General Plan Land Use Designation.
2. The Tentative Parcel Map is not located within a specific plan area.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The lot is physically suitable for a two-unit development because it is regular in
shape and is relatively flat.
2. The subject property is accessible from Heliotrope Avenue and an alley at the rear,
and is adequately served by existing utilities.
Finding:
C. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife or
their habitat. However, notwithstanding the foregoing, the decision making body may
nevertheless approve such a subdivision if an environmental impact report was prepared
for the project and a finding was made pursuant to Section 21081 of the California
Environmental Quality Act that specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives identified in the environmental
impact report.
05-26-2016
Zoning Administrator Resolution No. ZA2017-###
Page 3 of 9
Facts in Support of Finding:
1. The site is currently developed with a duplex, which will be demolished and
replaced with a new duplex.
2. The property is located in an urbanized area that does not contain any sensitive
vegetation or habitat.
3. The project is categorically exempt under Section 15315 (Article 19 or Chapter 3),
of the California Environmental Quality Act (CEQA) Guidelines — Class 15 (Minor
Land Divisions).
Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding:
1. The Tentative Parcel Map is for residential condominium purposes. All
improvements associated with the project will comply with required Building, Public
Works, and Fire Codes, which are in place to prevent serious public health
problems. Public improvements will be required of the developer per Section
19.28.010 (General Improvement Requirements) of the Municipal code and Section
66411 (Local agencies to regulate and control design of subdivisions) of the
Subdivision Map Act. All ordinances of the City and all Conditions of Approval will
be complied with.
Finding:
E. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision. In this connection, the decision making body may approve a
map if it finds that alternate easements, for access or for use, will be provided and that
these easements will be substantially equivalent to ones previously acquired by the
public. This finding shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is hereby granted to the
City Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision.
Facts in Support of Finding:
1. The design of the development will not conflict with easements acquired by the
public at large, for access through, or use of property within the proposed
development, because there are no public easements located on the property.
05-26-2016
Zoning Administrator Resolution No. ZA2017-###
Page 4of9
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if
the land is subject to a contract entered into pursuant to the California Land Conservation
Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land
would not be too small to sustain their agricultural use or the subdivision will result in
residential development incidental to the commercial agricultural use of the land.
Facts in Support of Finding:
1. The property is not subject to the Williamson Act because the subject property is
not designated as an agricultural preserve and is less than 100 acres in area.
2. The site, developed for residential use, is located within a Zoning District that
permits residential uses.
Finding:
G. That, in the case of a "land project' as defined in Section 11000.5 of the California
Business and Professions Code: (1) there is an adopted specific plan for the area to be
included within the land project, and (2) the decision making body finds that the proposed
land project is consistent with the specific plan for the area.
1. California Business and Professions Code Section 11000.5 has been repealed
by the Legislature. However, this project site is not considered a "land project'
as previously defined in Section 11000.5 of the California Business and
Professions Code because the project site does not contain 50 or more parcels
of land.
2. The project is not located within a specific plan area.
Finding:
H. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Facts in Support of Finding:
1. The Tentative Parcel Map and any future improvements are subject to Title 24
of the California Building Code that requires new construction to meet minimum
heating and cooling efficiency standards depending on location and climate.
The Newport Beach Building Division enforces Title 24 compliance through the
plan check and inspection process.
Finding:
05-26-2016
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Zoning Administrator Resolution No. ZA2017-###
Page 5 of 9
1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the
regional housing need and that it balances the housing needs of the region against the
public service needs of the City's residents and available fiscal and environmental
resources.
Facts in Support of Finding:
1. The proposed two-unit duplex is consistent with the R-2 Zoning District which
allows two (2) residential units on the property. Therefore, the Tentative Parcel
Map for the proposed condominiums will not affect the City in meeting its
regional housing need.
Finding:
J. That the discharge of waste from the proposed subdivision into the existing sewer system
will not result in a violation of existing requirements prescribed by the Regional Water
Quality Control Board.
Facts in Support of Finding:
1. The new two-unit duplex will be designed so that wastewater discharge into the
existing sewer system complies with the Regional Water Quality Control Board
(RWQCB) requirements.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of chapter three of the Coastal Act.
Facts in Support of Finding:
1. The subject property is located within the Coastal Zone. The subdivision
conforms to the Local Coastal Program since the Coastal Land Use category is
Two-Unit Residential (RT-D). The two-unit condominium subdivision is
consistent with the RT-D land use category.
2. The project is not located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone; therefore, the
public access and recreation policies of chapter three of the Coastal Act are not
applicable.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
05-26-2016
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Zoning Administrator Resolution No. ZA2017-###
Page 6 of 9
1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2016-024 (PA2016-188), 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 10 days after the adoption of this
Resolution unless within such time an appeal or call for review is filed with the Director
of Community Development in accordance with the provisions of Title 19 Subdivisions,
of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 12th DAY OF JANUARY, 2017.
Patrick J. Alford, Zoning Administrator
05-26-2016
-T
Zoning Administrator Resolution No. ZA2017-###
Page 7 of 9
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. Subsequent to the recordation of the Parcel Map, the applicant shall apply for a
building permit for a description change of the subject project development from
"duplex" to "condominium." The development will not be condominiums until this
permit is finaled. The building permit for the new construction shall not be finaled until
after recordation of the Parcel Map.
3. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
4. A parcel map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD88). Prior to recordation of the Map, the surveyor/engineer
preparing the Map shall submit to the County Surveyor and the City of Newport Beach
a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337
of the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. The Map to be submitted to the City of Newport Beach shall
comply with the City's CADD Standards. Scanned images will not be accepted.
5. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
6. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
7. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels,
curb and gutter along the Heliotrope Avenue frontage.
8. All existing overhead utilities shall be undergrounded.
9. All existing drainage facilities in the public right-of-way, including the existing non-
standard curb drain along Heliotrope Avenue frontage shall be retrofitted to comply
with the City's on-site non-storm runoff retention requirements.
10. No above ground improvements shall be installed within the 5-foot alley setback.
05-26-2016
22
Zoning Administrator Resolution No. ZA2017-###
Page 8 of 9
11. 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.
12. Install new drought tolerant low-growing groundcover of the type approved by the City
throughout the Heliotrope Avenue parkway fronting the development site.
13. Each unit shall be served by its individual water meter and sewer lateral and cleanout.
Each water meter and sewer cleanout shall be installed with a traffic-grade box and
cover. Water meter and the sewer cleanout shall be located within the public right-of-
way.
14. An encroachment permit is required for all work activities within the public right-of-way.
15. All improvements shall comply with the City's sight distance requirement. See City
Standard 110-L and Municipal Code Section 20.30.130.
16. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way could
be required at the discretion of the Public Works Inspector.
17. All on-site drainage shall comply with the latest City Water Quality requirements.
18. All unused water services to be abandoned shall be capped at the main (corporation
stop) and all unused sewer laterals to be abandoned shall be capped at property line.
If the sewer lateral to be abandoned has an existing cleanout, abandonment shall
include removal of the cleanout riser, the 4TT box and the wye. Sewer lateral shall
then be capped where the wye used to be.
19. Existing weep hole within retaining wall along Heliotrope Avenue shall be capped and
rerouted through the curb.
20. Reconstruct driveway within rear yard setback to be drivable from one property to
another. No steps or raised driveways will be permitted.
21. Reconstruct existing damaged alley concrete panels. Extent of repair to be determined
by Public Works inspector.
22. Single or multiple-station smoke alarms shall be installed and maintained in the
following locations: On the ceiling or wall outside of each separate sleeping area in
the immediate vicinity of bedrooms, in each room used for sleeping purposes, in each
story within a dwelling unit. C.F.C. Sec. 907.2.11.2.
23. C.F.C. Sec. 903.2.8. An automatic sprinkler system installed in accordance with
Section 903.3 shall be provided throughout all buildings with a Group R fire area.
05-26-2016
12
Zoning Administrator Resolution No. ZA2017-###
Page 9 of 9
Plans will need to be submitted and approved prior to construction. The units will
require separate utilities for the fire sprinklers.
24. Carbon monoxide alarms are required in new construction in group R occupancies.
Carbon monoxide alarms shall receive their primary power from the building wiring
where such wiring is served from a commercial source and shall be equipped with a
battery back-up. Alarm wiring shall be directly connected to the permanent building
wiring without a disconnecting switch other than as required for overcurrent protection.
Where more than one carbon monoxide alarm is required to be installed within the
dwelling unit or within a sleeping unit, the alarm shall be interconnected in a manner
that activation of one alarm shall activate all of the alarms in the individual unit. CBC.
Sec. 420.
25. 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 411 Heliotrope Condominiums
including, but not limited to, Tentative Parcel Map No. NP2016-024 (PA2016-188). 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, attomeys' 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.
05-26-2016
13
Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
Project Location 4 II?
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Tentative Parcel Map No. NP2016-024
PA2016-188
411 Heliotrope Avenue
15
Attachment No. ZA 3
Project Plans
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334 OF CORONA DEL MAR, IN THE CITY OF
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RECORDED IN BOOK 3 PAGES 41-42 OF
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PHONE:(714)488-5006 FAX:(714)333-4440
APEXLS I N CQ G MAI L.C O t4-7
Zoning Administrator-January 12, 2017
Item No. 2a Additional Material
411 Heliotrope Avenue Condominiums
Tentative Parcel Map (PA2016-188)
Subject: Comments PA2016-188
From: Doug's [mailto:dfoster@teleport.com]
Sent: Wednesday,January 04, 2017 12:49 PM
To: Westmoreland, Liz
Cc: dfoster(ateleport.com; 'Diane Burns'
Subject: RE: Project File: PA2016-188: 411 Heliotrope Ave CDM
Ms.Westmoreland
Thank you very much foryour quick reply.
As we have our home in CDM rented,we are most concerned with any construction taking place in very
close proximity to our home.
Any noise, dust, debris, etcetera will greatly impact our rent ability and income. Parking is also
extremely limited on Heliotrope and the alleyway. Any construction vehicles blocking access are a major
concern.
Our concerns are legitimate for any undertaking and are magnified by multiple units being permitted
next door.
We will download the packet as you suggest, but unfortunately we will not be available to attend the
hearing.
Kind Regards,
Doug Foster& Diane Burns
From: "Westmoreland, Liz" <LWestmoreland@newportbeachca.gov>
Date:January 3, 2017 at 8:35:28 AM PST
To: 'Doug Foster' <DFoster@plexsys.com>
Cc: Diane Burns-Foster<dburns@teleport.com>
Subject: RE: Project File: PA2016-188: 411 Heliotrope Ave CDM
Good Morning Doug,
Thank you for reaching out.
The public notice that was sent out for the 411 Heliotrope property relates to a discretionary application
that would allow the future units (2) at the site to be sold individually as condominiums. The plans for
the proposed duplex are currently under review by the City as part of the standard plan check
process. Due to copyright restrictions I can't send you the plans, but if you are back in town you are
welcome to come by the Permit Counter at City Hall to take a look. Please note, however,that the public
hearing is related to the planning application for the parcel map. Please feel free to let me know if you
have any questions regarding the application.
Additionally, information regarding the hearing is located on our website at the link below. The agenda
packet will contain the Staff Report once it's available,typically by the Friday before the hearing:
http://www.n ewpo rtbeachca.gov/govern ment/departments/community-development/p la n n i ng-
division/zoning-administrator
Happy New Year!
Zoning Administrator-January 12, 2017
Item No. 2a Additional Material
411 Heliotrope Avenue Condominiums
Liz Westmoreland,Assistant Planner Tentative Parcel Map (PA2016-188)
City of Newport Beach I Planning Division
Community Development Department
100 Civic Center Drive I Newport Beach, CA 92660
Direct: 949.644.3234
From: Doug Foster[mai Ito:DFosterCalolexsys.com]
Sent: Wednesday, December 28, 2016 9:16 AM
To: Westmoreland, Liz
Cc: Diane Burns-Foster
Subject: Project File: PA2016-188: 411 Heliotrope Ave CDM
Ms. Westmoreland
My wife, Diane Burns, owner of 407 Heliotrope received a "Notice of Public Hearing" for the project
listed in the subject line above.
Would it be possible to get a pdf file showing what has been submitted to the City as we live out of the
area.
Or at least a link on your website. I tried searching on your website but did not find anything relating to
this demolition and new construction.
Thankyou
Doug
Douglas Foster
Program Manager
PLEXSYS Interface Products Inc.
360-838-2510
www.plexsys.com