HomeMy WebLinkAboutPA2019-038 Notice of Incomplete FilingTmplt. 02/09/11
COMMUNITY 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
NOTICE OF INCOMPLETE FILING
(VIA EMAIL)
March 27, 2019
Hartman Baldwin Design Build
patrick@hartmanbaldwin.com
Application No. Rosoff Variance
(PA2019-038)
Address 2626 Cove Street
Please be advised that after reviewing the subject application, your submittal has been
deemed incomplete and further information is required before we are able to proceed
with the application process. Once you have reviewed the corrections, please feel free
to reach out to schedule a meeting to discuss.
The following documentation is required to complete the application:
Plans
1. Please see attached plan check corrections sheet. Provide the additional materials
listed and resolve the corrections.
Coastal Development Permit
2. A Coastal Development Permit is required to allow a variance within the coastal zone.
Please apply for a Coastal Development Permit. See attached instructions. A fee
(deposit) of $1,000 is required to process the application.
3. Variances in the coastal zone include additional considerations and findings
beyond what is required by the Zoning Code. Please note that we do not
currently have the authority to grant a variance in the coastal zone, as the
Coastal Commission is still processing our amendment to the Implementation
Plan that would allow variances. Although the City’s amendment is still being
processed, draft findings and considerations are available for your review. Please
see considerations and findings below and provide a detailed justification for the
project based on this information.
Page 2
Draft Variance Language for Implementation Plan
Variances. Waiver or modification of certain standards of this Implementation Plan may be
permitted when, because of special circumstances applicable to the property, including location,
shape, size, surroundings, topography, or other physical features, the strict application of the
development standards otherwise applicable to the property denies the property owner
privileges enjoyed by other property owners in the vicinity and in the same coastal zoning
district.
C. Considerations. In reviewing a coastal development permit application for development
requesting a modification or variance, the review authority shall consider the following:
1. Whether or not the development is consistent with the certified Local Coastal Program to the
maximum extent feasible; and
2. Whether or not there are feasible alternatives that would provide greater consistency with the
certified Local Coastal Program and/or that are more protective of coastal resources.
D. Findings and Decision. The review authority may approve or conditionally approve a
modification or waiver to a development standard of this Implementation Plan only after first
making all of the following findings:
The granting of the modification is necessary due to practical difficulties associated with
the property and that the strict application of the Implementation Plan results in physical
hardships; or
The granting of the variance is necessary due to special circumstances applicable to the
property, including location, shape, size, surroundings, topography, and/or other physical
features, the strict application of the development standards otherwise applicable to the
property denies the property owner privileges enjoyed by other property owners in the
vicinity and in the same coastal zoning district; and
The modification or variance complies with the findings required to approve a coastal
development permit in Section 21.52.015(F);
The modification or variance will not result in development that blocks or sig nificantly
impedes public access to and along the sea or shoreline and to coastal parks, trails, or
coastal bluffs;
The modification or variance will not result in development that blocks or significantly
impairs public views to and along the sea or shoreline or to coastal bluffs and other
scenic coastal areas;
The modification or variance will not result in development that has an adverse effect,
either individually or cumulatively, on coastal resources; including wetlands, sensitive
habitat, vegetation, or wildlife species; and
The granting of the modification or variance will not be contrary to, or in conflict with, the
purpose of this Implementation Plan, nor to the applicable policies of the certified Local
Coastal Program.
Page 3
Renderings/View Simulations
4. Please provide larger (8.5 x 11), high resolution photos analyzing public views (I do
not need additional copies of the private view simulations). Please see markups for
locations of the key public views.
Alternatives
5. Please discuss any alternatives you have considered that would provide a similar
benefit to the proposed project. Staff is required to include this discussion as part of
the coastal development permit.
Justification for Variance
6. Please see attached markup with key areas highlighted on the justification document.
7. Based on the documentation provided, additional facts will be needed in support of
findings for the variance, in particular Finding 1.
Please note that I have not received comments or conditions back from other departments
such as Fire, Building, Public Works, and Code Enforcement. Therefore, additional
comments and conditions may be forthcoming.
Upon verification of completion, the application will be processed and scheduled for a
Planning Commission hearing. Should you have any questions regarding submittal
requirements, please contact Liz Westmoreland, Assistant Planner at 949-644-3234,
lwestmoreland@newportbeachca.gov.
By:
Liz Westmoreland, Assistant Planner
Attachments:
1. Plan Check Corrections
2. Coastal Development Permit Instructions
City of Newport Beach
Community Development Department
100 Civic Center Drive / P.O. Box 1768
Newport Beach, CA 92658
Phone: (949) 644-3200
www.newportbeachca.gov
PLANNING DIVISION
PLAN CHECK
CORRECTIONS
F:\Users\CDD\Shared\Admin\Planning_Division\Current_Templates Revised 09-11-18 – CDD
Plan Checker Liz Westmoreland
Phone No: 949.644.3234
Email Address: Select Email:
PLAN CHECK NO. PA2019-038 ADDRESS: 2626 Cove Street
CORRECTION DATE: 3/27/19
CORRECTIONS:
Please make the following corrections:
1. Please provide a complete, stamped, signed topographic survey that is based on the
NAVD88 datum.
2. Provide floor plans for each level and a roof plan. Provide square footages of the various
levels.
3. Establish grade using the methodology contained in Section 20.30.050. See excerpt below.
Markups are also included to give you a general idea of how to accomplish this. Reach out
with questions.
4. Provide the maximum height of the various existing and proposed features using the
established grade plan. Show the maximum height vs. the proposed heights of flat and
sloped (at least 3:12 slope) features.
5. Provide the maximum elevation numbers (e.g. 35 feet NAVD88) on the roof plans and
elevation sheets. Interpolate along the grade plane as needed to understand the maximum
heights of critical points. I’ve labeled some potential critical points as examples. The critical
points should reflect the most extreme scenarios.
20.30.050 Grade Establishment.
This section provides regulations for establishing the slope and grade of a lot for the purpose of identifying the
surface from which to measure structure height to be used in conjunction with the provisions of
Section 20.30.060 (Height Limits and Exceptions).
A. Establishment of Slope. In order to determine which of the two methods to use to establish the grade of the
lot from which to measure structure height as provided in subsection (B) of this section, it is first necessary to
determine the slope of the lot as follows:
1. The slope of a lot shall be determined using a four-sided polygon that most closely approximates the actual
footprint of the proposed structure. The area of the four-sided polygon shall not be smaller than the footprint of the
proposed structure and shall be located entirely within the buildable area of the lot (see Figure 3-2);
6. Figure 3-2
7. Area for Determining Slope
2. The slope of the polygon shall be determined using the highest and lowest elevation at any of the four
corners of the polygon and the distance between the respective corners;
3. If the location of the polygon selected by the applicant is not clearly representative of the lot’s topography or
representative of the prevailing slopes on adjoining lots because of retaining structures or previous
excavation/fill, the Director shall establish the appropriate area to be used to determine the slope of the l ot.
B. Establishment of Grade. The grade of a lot shall be established by one of the following methods unless the
Director establishes the grade in compliance with subsection (C) of this section (Establishment of Grade by Director).
1. Subdivisions. If the City approves or has approved a grading plan in conjunction with an approved
subdivision, the established grade shall be the finished grade as shown on the grading plan or final subdivision
map.
2. Five Percent or Less Slope. On lots where the slope of the four-sided polygon is five percent or less, the
grade of the surface from which structure height is measured shall be a plane established using the average of
the elevations at each corner of the four-sided polygon. Example: A + B + C + D = X; X/4 = Established grade
elevation from which to measure structure height.
3. More than Five Percent Slope.
a. On lots where the slope of the four-sided polygon is greater than five percent, the established grade from
which structure height is measured shall be a plane established by determining the elevation of the lot at five
evenly spaced points along each of the two side property lines and connecting each of the points along a side
property line with the corresponding point on the opposite side property line.
b. The five evenly spaced points along each side property line shall be located so that one point is located at
the intersection of the front setback line with the side property line and another point is located at the intersection
of the rear setback line with the side property line. The other three points along the side property line shall be
located so that all five points are equidistant from each other (see Figure 3-3).
Coastal Development Permit
Community Development Department / Planning Division
100 Civic Center Drive, Newport Beach, CA 92658-8915
(949)644-3204
www.newportbeachca.gov
Rev: 11/28/17
General Information
The California Coastal Act of 1976 (Coastal Act) and the City’s certified Local Coastal Program (LCP) requires
a Coastal Development Permit (CDP) for all development within the coastal zone, unless specifically exempted
or excluded (see LCP Implementation Plan (IP) Section 21.52.035 and IP Section 21.52.040, respectively).
Review of Coastal Development Permits
Pursuant to IP Section 21.50.020 (Authority for Decisions), the Zoning Administrator has review authority for
CDPs, unless:
1.The project also requires another discretionary approval (e.g., conditional use permit, variance, etc.), in
which case, the review authority for the CDP shall be the authority for the other discretionary approval
(i.e., Planning Commission and/or City Council); or
2.The project is located on tidelands, submerged lands, and public trust lands as described in California
Public Resources Code Section 30519(b) or in deferred certification areas designated by the LCP Coastal
Zoning Map and the Post-LCP Certification Permit and Appeal Jurisdiction Map, in which case, the
California Coastal Commission (Coastal Commission) shall be the CDP review authority.
3.Amendments to coastal development permits approved by the Coastal Commission, either prior to
certification of the LCP or on appeal after certification, have to be processed by the Coastal Commission.
Required Findings
Pursuant to IP Section 21.52.15 (F) (Findings and Decision), the review authority may approve or conditionally
approve a coastal development permit application, only after first finding that the proposed development:
1.Conforms to all applicable sections of the certified Local Coastal Program (e.g. development standards,
no impacts to public views, natural resources, etc.); and
2.Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the
project is located between the nearest public road and the sea or shoreline of any body of water located
within the coastal zone.
Application Requirements
1.A completed Planning Permit Application (attached);
2.Project Description
A written statement describing the proposed project in detail. Include secondary improvements such as
demolition, grading, roads, driveways, outbuildings, fences, etc. Identify project details such as building gross
square footage, grading cut/fill, unit count, bedroom count, parking count, building height, landscape area, and
number of floors. This document will serve as the formal statement to the approving authority on what the project
is. Please include any relevant information which supports the application and the required findings pursuant to
Section 20.52.080 F., which are noted above.
City of Newport Beach CDP Information & Requirements - Page 1 of 14
(Posted: 03-02-2018)
City of Newport Beach Coastal Development Permit
Rev: 11/28/17
3.Public Noticing Requirements.
Applicant given original CDP Notice of Filing to post on site
City staff will assist in completing the notice of filing form (see attached) and provide
instruction on the number of notices to be posted and their location(s).
Number of Notices:
The applicant shall be responsible for maintaining the sign(s) in satisfactory condition and
for the removal of the sign(s) at the end of the applicable appeal period.
Post on Site
The applicant is responsible for posting a notice of filing that an application for a coastal
development permit has been submitted to the City.
The notice of filing must be posted at a conspicuous place, easily readable by the public
and placed as close as possible to the site of the proposed development.
Please refer to the Planning Division’s handout on Public Noticing Requirements for more information
on the application materials required for a public hearing.
4.Plans
Coastal development permit applications must be accompanied by one (1) full size set of plans for initial review,
unless additional sets are required in conjunction with another discretionary review. Additional full size set of
plans may be requested following initial review. Plans shall include the following:
Site plan, floor plans, cross sections, elevations, roof plan, demolition plan, preliminary
grading/drainage, and erosion control plan indicating existing and proposed conditions.
The site plan must display the entire property, property lines, adjacent streets, and existing and proposed
buildings/structures with emphasis on the request.
Topographic survey for new structures and major remodels that increase height.
A floor area exhibit showing area dimensions and calculations if proposed structure is within 10
percent of maximum allowable floor area.
Plans shall be drawn to scale and show all necessary dimensions to give a true and clear picture of the
existing and proposed conditions.
5.Supplemental Materials
Include applicable studies and materials (erosion control plan, coastal hazards report, landscape plan,
construction pollution prevention plan, post development runoff plan, water quality and hydrology plan, etc.)
for the property as indicated in the attached table.
6.Filing Fee
A filing fee is required at the time of filing to partially defray the cost of processing and other expenses. The
Planning Division will advise you of said fee.
7.Electronic Copy
All of the above submittal items are required to be submitted in electronic format (i.e., USB flash drive or
CD-ROM) as determined by the Planning Department prior to application submittal.
City of Newport Beach CDP Information & Requirements - Page 2 of 14
(Posted: 03-02-2018)
Coastal Development Permit
Supplemental Materials Checklist
(Rev: 03-02-18)
The following checklist provides guidance for determining the appropriate supplemental materials
that should be submitted with a Coastal Development Permit applicant. The checklist
contemplates typical or routine development proposals such as single-family homes and
duplexes. For complete information regarding the studies or for larger projects, refer to the
captioned section of the Municipal Code. Please speak with a planner to confirm which studies
may be required for your proposed development. An additional application deposit may be
required for peer review of supplemental studies at the discretion of the Department based on
individual project and site conditions.
Water Quality Supporting Studies
Preliminary Construction Pollution Prevention Plan (CPPP) (Section 21.35.030)
A report or erosion control plan, that describes temporary best management practices
(BMPs) the development will implement to minimize erosion and sedimentation during
construction, and to minimize pollution of runoff into coastal waters by construction
chemicals and materials. The level of detail provided to address the plan’s requirements
shall be commensurate with the type and scale of the development, and the potential for
adverse water quality and hydrologic impacts to coastal waters. At minimum, the plan shall
show what BMPs will be used and where, total disturbance area, and measures to prevent
erosion, contain sediment and control drainage. (See attached sample plan for small-
scale, single-family or two-family development projects. Larger scale projects or projects
with a greater potential for adverse impacts shall provide additional analysis in compliance
with Section 21.35.030).
Required for:
Construction activities that include clearing, grading, or other activities that involve
ground disturbance; building, reconstructing, or demolishing a structure; and creation
or replacement of impervious surfaces.
Water Quality and Hydrology Plan (WQHP)/Water Quality Management Plan (WQMP)
(Section 21.35.050)
A report prepared by a qualified licensed professional, that includes a polluted runoff and
hydrologic site characterization, a sizing standard for best management practices (BMPs),
use of an LID approach to retain the design storm runoff volume on-site, and
documentation of the expected effectiveness of the proposed BMPs. An alternatives
analysis and description of the treatment control and/or runoff control BMPs the
development will implement to minimize potential post-development water quality and
hydrologic impacts may also be necessary.
Required for:
Projects within 200 feet of coastal waters (Mean High Water Line) or environmentally
sensitive habitat area that involve 2,500 square feet or more of impervious surface
area (WQMP threshold)
City of Newport Beach CDP Information & Requirements - Page 3 of 14
(Posted: -03-02-2018)
Coastal Development Permit
Supplemental Materials Checklist
(Rev: 03-02-18)
Projects that include more than 75 percent of impervious surfaces on-site within 200
feet of coastal waters (WQHP threshold)
Hillside development on a slope greater than 15%, on a site with erodible soil (WQHP
threshold) or 5,000 square feet on a sloping property with erodible soil (WQMP
threshold)
NOTE: For developments proposing drainage into the harbor, bay or beach, contact the
Planning Division to discuss required studies.
Other Supporting Studies
Bulkhead Conditions Report (Section 21.30.15.E.3)
A report that includes a statement of preparer’s qualifications, analysis of the condition of
the existing bulkhead, recommendations for repair, augmentation, or replacement,
recommendations to avoid seaward encroachment if augmentation or replacement is
necessary, and recommended alternatives to relocate the bulkhead in alignment with
adjacent bulkheads as far landward as possible.
Required for:
All properties with a bulkhead on-site
Coastal Hazards Report (Section 21.30.015.E.2)
A report that includes a statement of preparer’s qualifications, identifies coastal hazards
affecting the site, an analysis of coastal hazards such as beach erosion, high tide
conditions, storm waves, bluff stability, factors of safety for the economic life of the
structure (75 years), a bulkhead determination, and necessary mitigation measures.
Required for:
Properties on the shoreline that are subject to current or expected future erosion,
flooding/inundation, wave run-up, or wave impacts, including those resulting from sea
level rise.
Geologic Stability Report (Section 21.30.15.E.4)
A report that includes a statement of preparer’s qualifications, an analysis of the geologic
conditions on-site, certifying the suitability of the site for development, and identifying
necessary mitigation measures.
Required for:
Properties on or within a bluff (B) or canyon (C) overlay
Projects that involve a new residential structure or a significant remodel in shoreline
areas subject to liquefaction or seismic hazards (the report will be required for these
projects at plan check, please provide if available with the CDP application)
City of Newport Beach CDP Information & Requirements - Page 4 of 14
(Posted: -03-02-2018)
Coastal Development Permit
Supplemental Materials Checklist
(Rev: 03-02-18)
Post Development Erosion Control Plan (Section 21.30.015.E.7)
A plan prepared by a registered engineer qualified in hydrology and soil mechanics, that
incorporates drainage improvements, irrigation systems, and/or native or drought-tolerant
vegetation into the design to minimize bluff or canyon recession and will eliminate or
mitigate any adverse impacts on local shoreline sand supply to the maximum extent
feasible.
Required for:
Properties on or within 100 feet of a bluff (B) or canyon (C) overlay
Landscape Planting Plan (Section 21.30.075)
A detailed landscape planting plan that specifies landscape area as well as plant selection
and grouping, to determine compliance with drought tolerant species, invasive plant
species, native plant species for dune habitats, environmentally sensitive habitat areas
(ESHA)/ESHA buffers, and deciduous trees.
Required for:
Properties containing or within 50 feet of a sand dune, beach, bluff, stream, ESHA,
water feature, or wetland
Projects that include 500 square feet or more of new landscaping in accordance with
Chapter 14.17 of the Municipal Code
Projects that include 2,500 square feet or more of rehabilitated landscaping in
accordance with Chapter 14.17 of the Municipal Code
NOTICE: Waiver of Future Protection (Section 21.30.15.E.5)
As a condition of approval of new development, an agreement in favor of the City is
necessary waiving any potential right to future protection to address situations in the future
in which development is threatened with damage or destruction from waves, erosion,
storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural
hazards.
Required:
New development where a natural landform or shoreline protection study is required
Less Common Supporting Studies
Archaeological/ Paleontological Research Plan (Section 21.30.105.A)
A document prepared by a qualified archaeologist/paleontologist to determine whether or
not significant cultural resources are present, determine the boundaries of cultural
resources, and provide measures that result in the avoidance and/or minimization of
impacts to archaeological or paleontological cultural resources present on the site.
City of Newport Beach CDP Information & Requirements - Page 5 of 14
(Posted: -03-02-2018)
Coastal Development Permit
Supplemental Materials Checklist
(Rev: 03-02-18)
Required if :
Projects where the site contains known or potential archaeological or paleontological
resources
A potentially significant archeological or paleontological resource is identified in an
initial study pursuant to the California Environmental Quality Act (CEQA)
Conversion or Demolition of Affordable Housing (Chapter 21.34)
Demonstrate compliance with the requirements of Chapter 21.34 (one-for one
replacement of affordable units in the following order of preference: on-site, in the Coastal
Zone, within 3 miles of the Coastal Zone).
Required for:
Conversion or demolition of eleven (11) or more dwelling units located in two or more
structures
Properties that involve the demolition of three or more dwelling units
Initial Historic Evaluation (Section 21.30.105.B)
A site-specific study performed by a qualified professional that describes the significance
of the resources, describes possible adverse impacts, and identifies mitigation measures
designed to reduce or eliminate those impacts.
Required if :
The site is listed on the City’s Historic Resource Inventory, or a Local, State, or Federal
historic resource list
The site contains historic resources
Initial Resource Survey (Section 21.30B.020)
A site resource survey, recently prepared (within one year), identifying the presence or
potential for wetlands or sensitive habitat, vegetation, or wildlife species on the site.
Required for:
Properties that contain or are within 100 feet of sensitive habitat areas, southern
coastal foredune, southern dune scrub, wetland, wetland buffer, or an
ESA/ESHA/ESHA buffer
Properties within a 100-year floodplain
Properties that contain state or federally listed rare, threatened, or endangered
species
Lower Cost Visitor Accommodations Impact and Feasibility Analysis (Section 21.48.025)
A feasibility study explaining why providing lower cost accommodations as part of the
project is not feasible. The study should address: land value; development costs; a
breakdown of the estimated annual revenues (including average daily rate and occupancy
City of Newport Beach CDP Information & Requirements - Page 6 of 14
(Posted: -03-02-2018)
Coastal Development Permit
Supplemental Materials Checklist
(Rev: 03-02-18)
rates); a breakdown of the estimated operating costs; and any other information necessary
to address the feasibility of providing lower cost accommodations on-site.
Required for:
Development of new visitor accommodations
The expansion, reduction, redevelopment, demolition, conversion, closure, or
cessation of existing visitor accommodations.
Visual Impact Analysis (Section 21.30.100)
An analysis that includes recommendations to avoid or minimize impacts to public views
from the identified public view points and corridors identified in Policy 4.4.1-6 and Map 4-
3 of the Coastal Land Use Plan.
Required for:
Property that contains or is visible from a viewshed, public view point, coastal view
road, public park or beach, or public access as identified on Coastal Land Use Plan
Map 4-3
When an initial analysis indicates the need for a view impact analysis as determined
by City staff.
City of Newport Beach CDP Information & Requirements - Page 7 of 14
(Posted: -03-02-2018)
Rev 02/14/17
NOTICE OF
APPLICATION FILING
THE PLANNING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF
THE CITY OF NEWPORT BEACH RECENTLY RECEIVED A COASTAL
DEVELOPMENT PERMIT APPLICATION FOR THE FOLLOWING PROJECT:
PROPOSED PROJECT: __________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
LOCATION: ____________________________________________________________
______________________________________________________________________
______________________________________________________________________
APPLICANT: ___________________________________________________________
APPLICATION NO.: ______________________________________________________
DATE NOTICE POSTED: __________________________________________________
The public hearing for this application has not yet been scheduled. When the hearing, or
determination are scheduled, further notice will be provided.
The application is available for your review at the Community Development Department
Permit Center (Bay C-1st Floor), at 100 Civic Center Drive, Newport Beach, California, CA
92660. Prior to the public hearing, the agenda, staff report, and documents may be
reviewed. For more information, call (949) 644-3200 (please reference the application
number).
City of Newport Beach CDP Information & Requirements - Page 8 of 14
(Posted: 03-02-2018)