HomeMy WebLinkAboutPA2019-120 Notice of Incomplete Filing_07012019_bmzF:\Users\PLN\Shared\PA's\PAs - 2019\PA2019-120\PA2019-120 Notice of Incomplete Filing_07012019_bmz.docx
Tmplt. 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
July 1, 2019
Sent via electronic mail
Brandon Architects, Inc.
Attention: Tyler Wilson
tyler@brandonarchitects.com
Application No.
Staff Approval No. SA2019-003 (PA2019-120)
Moriarty Grade Establishment
Address 20462 Birch 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.
The following documentation is required to complete the application:
1. Project Description and Justification.
Please provide a more detailed project description and narrative that helps to
substantiate the request to establish the alternate grade plane. The following is a list
of suggestions to help you be responsive to this request. Two example actions and
applications are attached to give you a better idea of what type of documentation you
may want to consider submitting.
a. Respond to the findings to consider establishing an alternate grade plane.
They are as follows:
i. The existing grade on the subject lot has been previously altered or
other conditions are present to the degree that the existing grade is
not representative of the prevailing grades on adjoining lots and/or
the general area and, therefore, is not appropriate for the purpose of
establishing the grade of the subject lot.; and
ii. The grade is reasonable and comparable with the grades of adjoining
lots and will not be detrimental or injurious to property and
improvements on adjoining lots.
b. Provide some history on previous development of the lot and the general
surrounding area to demonstrate the lot has been altered. Are there previous
grading plans that could be provided?
F:\Users\PLN\Shared\PA's\PAs - 2019\PA2019-120\PA2019-120 Notice of Incomplete Filing_07012019_bmz.docx
Page 2
c. The photographs submitted are not as helpful as they could be since there
are no directional labels and it is difficult to understand the context. Consider
referencing the photographs in the expanded narrative or provide captions for
each photograph with a key map showing where each was taken from.
d. The submitted Planning Permit Application briefly mentions “drainage issues.”
Please expand to clarify how this is relevant to the request at hand.
2. Project Plans and Exhibits.
Please be advised, the requested alternate grade plane will be reviewed irrespective
of the design of the proposed structure. Please consider simplifying the submittal to
focus more on the existing topography of the lot and why using the prescribed
methodology in the Zoning Code for establishment of grade is inappropriate in this
particular case. In essence, you do not need to (and should not) provide detailed floor
plans and design plans for the new structure.
Please provide the following plans and/or exhibits to substantiate your request:
a. Stamped and signed existing topographic survey.
b. Stamped and signed suggested established grade exhibit. This is usually
prepared by a licensed civil engineer or a licensed land surveyor.
c. If you are going to provide a set of plans or exhibits specific to this application,
please clean up the index to indicate only the sheets that are attached.
3. Digital Copy.
Once all of the above requests are considered and addressed, please provide a
resubmittal in digital format.
Upon verification of completion, the application will be processed and scheduled for
action. Should you have any questions regarding submittal requirements, please contact
me at 949-644-3253 or bzdeba@newportbeachca.gov.
By:
Benjamin M. Zdeba, AICP
Associate Planner
Attachments: Examples of Prior Grade Establishment Action and Application
c:
Richard Moriarty
nbvineyards@gmail.com
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER
APPLICATION: Staff Approval No. SA2018-003 (PA2018-032)
APPLICANT: Welch Design Studio
LOCATION:
401 Avocado Avenue
Grade Determination
LEGAL DESCRIPTION Lot 185 of Tract 2813
On March 22, 2018, the Community Development Director approved Staff Approval No.
SA2018-003 to establish grade for the purpose of measuring heights using the original grade
profile of the site that existed prior to the 1953 development of the existing residence and
allow structure heights to be measured from the grade directly below. This approval is based
on the following findings and subject to the following conditions.
LAND USE AND ZONING
Zone: R-1 (Single-Unit Residential)
General Plan: RS-D (Single-Unit Residential Detached)
Coastal Zone: R-1 (Single-Unit Residential)
Coastal Land Use Plan: RSD-A (Single Unit Residential Detached)
DISCUSSION
The subject parcel is a large, 101,748-square-foot lot located between Avocado Avenue and
Bayside Drive in Corona del Mar. The slope characteristics of the lot are unique in that the
lot slopes in multiple directions and includes two relatively flat pads separated by a steep
slope. The property is currently developed with a single-unit dwelling constructed in 1953
along the upper pad and a tennis court constructed on the lower pad. (Attachment CD 1).
Due to the site’s 1953 improvements, portions of the original grade have been substantially
altered with retaining walls resulting in extensive excavation and fill areas (Attachment CD
2). The current existing grade elevations for those portions of the site no longer represent
the natural topography of the lot and therefore not appropriate for determining the grade
from which heights should be measured. The applicant has prepared a topographic grade
exhibit to be used as the grade for height measurement purposes (Attachment CD 3). This
exhibit is based on the actual topographic survey of the site conditions and interpolates the
natural contours for those portions of the site that were altered in 1953.
PA2018-032
Welch Grade Determination
March 22, 2018
Page 2
In addition, the applicant is requesting heights be measured from the grades directly below
the structure’s roof features rather than the grade plane method currently specified in the
Zoning Code.
Pursuant to Newport Beach Municipal Code (NBMC) Subsections 20.30.050.B and
21.30.050.B (Establishment of Grade), on lots with slopes greater than five percent, the
established grade from which structure height is measured is determined by placing five
evenly spaced points along both side property lines and connecting each point with the
corresponding point on the opposite side property line to establish an equidistant elevation
grade along the width of the property. The intent of this code is to simplify the measurements
of height and save time for staff, property owners, and builders. However, this method of
grade establishment does not work in this case because of the unique grade profile of the
site, multiple flat spots, and slopes in multiple directions. Utilizing this methodology would
result in interpolated elevations excessively below (approximately 11 feet) the actual grade
elevations of the property along the upper pad portion of the site. Conversely, the
interpolated grade elevations would result in interpolated grades excessively above
(approximately 17 feet) the actual grade elevations of the property along the lower pad
portion of the site and the slope separating the two pads. Therefore, utilizing this
methodology would result in a grade plane that is not representative of the prevailing grades
in the area or of the original topography (Attachment CD 3).
The purpose of this grade determination is to ensure development on-site is not artificially
lowered or raised by providing a more precise measurement using the vertical distance
between the highest points of the structure and the grades directly below using the natural
grade contours of the site.
FINDINGS
In accordance with NBMC Subsections 20.30.050(C) and 21.30.050(C) (Grade
Establishment by Director), if the Community Development Director finds that the existing
grade on the subject lot has been previously altered (e.g., contains retaining structures,
property line walls, planters, or excavation/fill), or other conditions are present to the degree
that the existing grade is not representative of the prevailing grades on adjoining lots and/or
the general area and, therefore, is not appropriate for the purpose of establishing the grade
of the subject lot, the Community Development Director may establish the grade that is
reasonable and comparable with the grades of adjoining lots and that will not be detrimental
or injurious to property and improvements on adjoining lots.
Finding:
A. The existing grade on the subject lot has been previously altered or other conditions are
present to the degree that the existing grade is not representative of the prevailing
grades on adjoining lots and/or the general area and, therefore, is not appropriate for the
purpose of establishing the grade of the subject lot.
PA2018-032
Welch Grade Determination
March 22, 2018
Page 3
Facts in Support of Finding:
1. The existing grades on the subject property have been altered with structures, significant
excavation/fill, and retaining walls artificially lowering and raising the current elevations
from the original topography. Utilizing the original topography of the site that existed
prior to the 1953 improvements and interpolating the portions of that the site that have
been altered to its natural slope is appropriate in this case and is representative of the
prevailing grades that naturally existed on the lot.
2. The current methodology to establish the grade plane from which structure height is
measured is determined by measuring 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. Although the northwesterly side
of the lot is significantly lower than the southeasterly side of the lot, the grade differential
is not a linear slope, but rather occurs as a steep slope between two flatter pads. Utilizing
the methodology specified in the Code results in interpolated elevations excessively
below the actual grade elevations along the upper pad of the property, elevations
excessively higher than the actual grade elevations along the lower pad and slope, and
overall not representative of the prevailing grades in the area or of the original
topography.
Finding:
B. The grade is reasonable and comparable with the grades of adjoining lots and will not
be detrimental or injurious to property and improvements on adjoining lots.
Facts in Support of Finding:
1. The proposal will provide a grade plane that is representative of the original topography
of the lot that existed prior to the 1953 improvements of the existing home and the
neighboring residences at the time of development.
2. The proposed grade establishes elevations consistent with natural topography of the site
and requires building heights to be measured from the grade directly below each feature
to ensure building height conforms to the original topography of the site as accurately as
possible.
3. The property will be required to comply with all applicable development standards of the
Zoning Code, which are in place to prevent detriment or injury to the existing property
and neighboring properties and improvements on adjoining lots.
PA2018-032
Welch Grade Determination
March 22, 2018
Page 4
Finding:
C. The project is exempt from environmental review under the requirements of the
California Environmental Quality Act Guidelines pursuant to Section 15303, Class 3
(New Construction or Conversion of Small Structures).
Fact in Support of Finding:
Class 3 exempts the demolition and construction of limited numbers of new, small
facilities or structures including one single-family residence in a residential zone. The
proposed project would ultimately consist of the demolition of one single-family residence
and the construction of a new single-family residence within the R-1 District. The subject
grade determination is consistent with this exemption, as it is relates to the future
construction of a residence.
CONDITIONS
1. A copy of this action letter including the findings and conditions shall be copied onto the
building plans.
2. Grades for the purpose of measuring heights for the principal and accessory structures
shall be measured from the topographic map stamped with the date of this approval and
identified as Attachment CD 3 - Grade Establishment (GP-04).
3. 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, attorneys ’ 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 Welch
Grade Determination including, but not limited to, the SA2018-003 (PA2018-032). 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 dem and any amount owed to the City pursuant to
the indemnification requirements prescribed in this condition.
PA2018-032
Welch Grade Determination
March 22, 2018
Page 5
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community
Development or City Clerk, as applicable, within fourteen days following the date the action
or decision was rendered. For additional information on filing an appeal, contact the
Planning Division at 949-644-3200.
Prepared by:
Approved by:
Attachments: CD 1 Vicinity Map
CD 2 Current Topographic Survey
CD 3 Natural Grade Plane Analysis (GP-01 –GP-03)
CD 4 Established Grade (GP-04)
PA2018-032
Attachment No. CD 1
Vicinity Map
PA2018-032
Welch Grade Determination
March 22, 2018
Page 7
VICINITY MAP
Staff Approval No. SA2018-003
PA2018-032
401 Avocado Avenue
PA2018-032
Attachment No. CD 2
Current Topographic Survey
PA2018-032
2/6/2018
PA2018-032
Attachment No. CD 3
Established Grade (GP-04)
PA2018-032
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6
5' 75' 60' 65' 7 0 ' 15' 20' 2 5 ' 3 0' 3 5 ' 4 0 ' 4 5 ' 5 0 ' 5 5 ' 60' 6 5 ' 7 0 ' 7 5 ' 15' 20' 25' 30' 35' 40' 40' 40'
4
5
' 45'
5
0
' 50'
5
5
'
6
0
' 70' INTERPOLATED NATURAL TOPOGRAPHYSURVEY LINESDATE SCHEMATICARCHITECTPROJECTSCALE:SNWELCH ESIGN TUDIODS3 1 0 9 0 5 8 8 5 5E L S E G U N D O C A L I F O R N I AWWW.WELCHDESIGNSTUDIO.COM1" = 20'-0"03/16/2018ESTABLISHED GRADEPRIVATE RESIDENCE401 AVOCADO AVE.CORONA DEL MAR, CAGP-04PA2018-032
Attachment No. CD 4
Natural Grade Plane Analysis
(GP-01 –GP-03)
PA2018-032
5 5 ' 60' 6
5'
75' 60' 65' 70' 1 5 ' 2 0 ' 2 5 ' 3 0 ' 3 5 ' 4 0 ' 4 5 ' 5 0 ' 5 5 ' 60 ' 6 5 ' 7 0 ' 7 5 ' 15' 2 0 ' 25 ' 3 0' 35' 40'
4
5
' 45'
5
0
' 50'
5
5
'
6
0' 70' 40' 5GP-034GP-033GP-032GP-031GP-03P5P4P3P2P1P1aP1bP1cP1dP2aP2bP2cP2dP3aP3bP3cP3dP4aP4bP4cP4dP5P4P3P2P1P4dP4cP4bP4aP3dP3cP3bP3aP2dP2cP2bP2aP1dP1cP1bP1a20' - 0"3 5 ' E L E V A T IO N (N A V D 8 8 )20' - 0"INTERPOLATED NATURAL TOPOGRAPHYNATURAL TOPOGRAPHYEVENLY SPACED LINE -PRIMARYEVENLY SPACED LINE -SECONDARYDATE SCHEMATICARCHITECTPROJECTSCALE:SNWELCH ESIGN TUDIODS3 1 0 9 0 5 8 8 5 5E L S E G U N D O C A L I F O R N I AWWW.WELCHDESIGNSTUDIO.COM1" = 20'-0"03/16/2018NATURAL GRADE PLANEANALYSIS -SITE PLANPRIVATE RESIDENCE401 AVOCADO AVE.CORONA DEL MAR, CAGREATER THAN 5% SLOPE PLANEGREATER THAN 5% SLOPE PLANEGREATER THAN 5% SLOPE PLANEGP-01PA2018-032
DATE SCHEMATICARCHITECTPROJECTSCALE:WELCH ESIGN TUDIODS3 1 0 9 0 5 8 8 5 5E L S E G U N D O C A L I F O R N I AWWW.WELCHDESIGNSTUDIO.COM03/16/2018NATURAL GRADE PLANEANALYSIS -EXP. AXON.PRIVATE RESIDENCE401 AVOCADO AVE.CORONA DEL MAR, CAGREATER THAN 5% SLOPE PLANEGP-02PA2018-032
PROPERTY LINEPROPERTY LINE3' - 5 1/4"GREATER THAN 5% SLOPE PLANE29' NATURAL GRADE OFFSET29' - 0"29' - 0"NATURAL GRADEPROPERTY LINEPROPERTY LINE17' - 1"29' - 0"29' - 0"1' - 6 1/2"GREATER THAN 5% SLOPE PLANE29' NATURAL GRADE OFFSETNATURAL GRADEPROPERTY LINEPROPERTY LINE7' - 1"8' - 10 1/4"GREATER THAN 5% SLOPE PLANE29' NATURAL GRADE OFFSET29' - 0"29' - 0"NATURAL GRADEPROPERTY LINEPROPERTY LINE10' - 1 3/4"GREATER THAN 5% SLOPE PLANE29' NATURAL GRADE OFFSET11' - 3 3/4"NATURAL GRADEPROPERTY LINEPROPERTY LINE7' - 2 1/4"GREATER THAN 5% SLOPE PLANE29' NATURAL GRADE OFFSETNATURAL GRADE 29' - 0"DATE SCHEMATICARCHITECTPROJECTSCALE:WELCH ESIGN TUDIODS3 1 0 9 0 5 8 8 5 5E L S E G U N D O C A L I F O R N I AWWW.WELCHDESIGNSTUDIO.COM1" = 20'-0"03/16/2018NATURAL GRADE PLANEANALYSIS -SECTIONPRIVATE RESIDENCE401 AVOCADO AVE.CORONA DEL MAR, CASCALE: 1" = 20'-0"P1 -SECTION1SCALE: 1" = 20'-0"P2 -SECTION2SCALE: 1" = 20'-0"P3 -SECTION3SCALE: 1" = 20'-0"P4 -SECTION4SCALE: 1" = 20'-0"P5 -SECTION5GP-03PA2018-032
PA2018-032
Community Development Department
Planning Permit Application
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, Califomla 92660
949 644-3200
newportbeachca.gov/communltydevalopment
1. Check Pennlts Requested:
"lZt Staff Approval '15 Tract Map
0 Approval-In-Concept -AIC # D Lot Merger
D Coastal Development Pennit D Limited Tann Permit -
O Waiver rcr Da Mlnlmls Development D Seasonal D < 90 day 0>90 days D Traffic Study
0 Coastel ResldenUal Development O Modification Permit 0 Use Permit -OMlnor [JCondltlanal
0 Condominium Conversion O Off.Site Parking Agreement 0 Amendment ta existing Use Permit
D Variance 0 Comprehensive Sign Program O Planned Community Development Plan
D Development Agreement O Planned Development Permit 0 Amendment-OCode OPC OGP OLCP
0 Other: D Development Plan D Site Development Review -D Major D Minor
D Lot Une Adjustment O Parcel Map
2. Project Address(es)/Assessor's Parcel No s
401 Avocado Ave. Corona def Mar, Newport Beach, CA APN(s): 050-336-28 & 050-336-29
3. Project Description and Justification (Attach additional sheets if necessary):
Determine Established Grade: Standard methods per section 20.30.050 are not appropriate for the
purpose of establishing the grade for this particular lot.
4 Ap II nt/c N I Welch Design Studio I
. p ca ompa~n!l.y..!!!a~m!.!!e:.:-==================;------;::::=======i-
MaUJng Address I 2280 E. Maple Ave Suite/Unit ';:j =====.I
City j El Segundo State I CA I Zip ! 90245 I
I 310-905-8855 I I I I marc@WelchDesignStudio.com I Phone Fax .... ____ __. EmalJ .... ___________ ..... _
5• Contact/Compan ~ Name I Marc Wel c h / Wel c h Desig n St u dio j
Mallln g Address L Sam e as above Suite/Unit';:! ====~'
city _! ;:::=====:;-----;=::==~sta1e .__I -;;::=::===l~21 e!::.!:I ====I
Phone _! _____ I Fax _l ____ I Email _[----------'
I C A Avoc ado 401415 , LLC I
6. Owner Name '""--;===================,-----;:=====-
Mallln g Address I 14747 N. Northsight Blvd. Suite/Unit! 111-431 I
City f Scottsdale State ... I A_Z-;::=:=====-' ....:Z=:!l~p =' =85=2=60===:'
Phone 1 602-380 -1051 I I j I mpacheco@vtcompanies.com I _ Fax -----Email .
~ 7. Property Owner's Affidavit*: (I) r,Ne) I CA Avocado 401415, LLC !
depose and say that (I am) (we are) the owner(s) of the property Oes) Involved In this application. {I) r,Ne) further
certify, under penalty of pe · foregoing statements and answers herein mntalned and the Information
herewith · are In and correct to the best of (my) (our) knowledge and belief.
~--.... ""-----------Title : I Secretary I Date: I 1-19-2018
Signature(s): _____________ Title:._! ________ .....,I Date: ,_j ____ ___.
*May be signed by the lessee or by an authorized agent If written authorization from the owner of record Is flied concurrenuy, with the
eppHcalion. Please note, the owner(s)' signature for ParceVTract Map end Lot Une Adjustment App lication must be notarized.
Project: 401 Avocado, Corona del Mar, Newport Beach, CA
Re: Grade Determination – Alternate method – Irregular property.
Date: February 01, 2018
Newport Beach Community Development Department,
Welch Design Studio, in its code analysis for this property, and working with Sr.
Planner Jamie Murillo, is requesting that an alternative approach for determining
the Grade Plane be granted.
The City’s typical methods for establishing a grade plane per code section
20.30.050 are not appropriate for a parcel such as 401 Avocado where the
topography has such significant variations. This was agreed upon in our working
with Jamie Murillo.
Our approach:
We met with Sr. Planner Murillo on different occasions and showed him our analysis
of the site’s topography. Our analysis illustrated that the “Greater than 5% slope
method,” if applied to this property would cause a significant hardship to the
property owners. This analysis is included in this package.
Mr. Murillo’s recommendation was that we apply for an alternate grade plane
determination. He agreed with our analysis in that the typical method creates
unnecessary hardship for this property. In this alternative method, the site’s
topography, from a current survey, would be analyzed to establish the site’s
“Natural Grade.” This natural grade, would be reviewed by the surveyor of record,
and become the site’s established grade plane. This grade plane would be used
to determine building heights.
This method for determining natural grade, has been used in the past by the city.
As a reference we were provided with the submittal package used for 2495
Ocean Blvd. This same alternative method used for irregular properties such as 401
Avocado, is far more representative of the site’s characteristics than using the
“Greater than 5% slope method.”
The parcel is an irregularly-shaped lot in the Bluff Overlay zone. The property is
currently developed with a single family residence. Subsequent to the site’s
improvements, the original grade of the subject property has been significantly
altered with retaining walls and structures and grade alteration. In many areas,
the current existing grade elevations no longer represent the natural topography
PA2018-032
W ELCH I D ESIGNISTUDIO
WELCI IDESIGNSTUDIO .COM
HB.Lo@Y-18..CI-OESIGNSTUDIO.COM
of the property and the bluff and therefore are not appropriate for determining
the grade from which heights should be measured.
The applicant is requesting that heights be measured from the grades directly
below the structure’s roof and deck features rather than the grade plane method
currently specified in the Zoning Code (Section 20.30.050). On lots with slopes
greater than 5%, the established grade from which structure height is measured is
determined by placing 5 evenly spaced points along both side property lines and
connecting each point with the corresponding point on the opposite side property
line to establish an equidistant elevation grade along the width of the property.
The intent of this code is to simplify the measurements of height and save time for
staff, property owners, and builders. However, this current method of grade
establishment does not work because the site’s shape is so irregular, and the
topography varies dramatically from all sides and directions, and also because of
the size of the parcel.
The purpose of this proposed grade determination method is to ensure
development on-site is not artificially lowered or raised by providing a more
precise measurement using the vertical distance between the highest points of
the structure and the grades directly below using the original grades that existed
prior to the improvements.
Enclosed in this package are the following items:
GP-01: Grade Plane Analysis – Site Plan This drawing uses the traditional Greater
than 5% approach and is part of the analysis that illustrates the hardship
using this method.
GP-02: Natural Grade Analysis – Axonometric This drawing graphically shows the
typical grade plane (red) and its inability to accurately represent the site’s
varied topography.
GP-03: Natural Grade Analysis – Sections This drawing indicates cross sections
taken through the five major areas of the site. This again illustrates the
huge discrepancies between the typical grade plane method and the
site’s varied topography
GP-04: Natural Grade Plane Analysis This drawing represents the ‘Natural Grade’
and the grade where heights should be measured. This Natural Grade has
been reviewed by the Surveyor of Record (Apex Land Surveying) and
accurately represents the site’s natural grade. The surveyor’s approval is
attached to this drawing.
Survey This is the current survey for this property.
PA2018-032
On behalf of the owners of 401 Avocado, Welch Design studio submits this
package for your review and approval. Should you have any questions, please
contact me.
Sincerely,
Marc Welch, AIA
CEO, Welch Design Studio
Marc@WelchDesignStudio.com
www.WelchDesignStudio.com
(Office) (310) 905-8855
(Cell) (310) 714-2904
PA2018-032
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
COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER
Application No.
Staff Approval No. SA2016-011 (PA2016-134)
Applicant Eric Trabert & Associates
Site Address
208 Evening Canyon Road
208 Evening Canyon Road Grade Determination
Legal Description Lot 49, Tract 1116
On October 21, 2016, the Community Development Director approved Staff Approval No.
SA2016-011 to establish a grade plane for the purpose of measuring building height for a
new single family home. The grade plane is based on the existing elevation contours of
the subject property and the adjacent property to the north. It consists of four elevation
points located at the corners of the proposed building footprint. The elevation points create
the base from which height shall be measured, consistent with Newport Beach Municipal
Code Section 20.30.50(B)(2) (Grade Establishment – Establishment of Grade – Five
Percent or Less Slope). This approval is based on the following findings and subject to the
following conditions.
ZONING DISTRICT/GENERAL PLAN
Zone: R-1-6000 (Single Unit Residential)
General Plan: RS-D (Single Unit Residential Detached)
DISCUSSION
The subject property is currently developed with a single family home including a partially
subterranean garage on the northwest corner of the property. At the time of development
of the home in 1951, the grade was significantly altered to construct the partially
subterranean garage. The existing topographic elevations have been surveyed using the
North American Vertical Datum of 1988 and certified by a professionally licensed land
surveyor (Attachment No. CD 2). As a result of the previous construction, the northwest
side of the lot is significantly lower than the rest of the lot, and the existing grade elevation
no longer represents the previously existing natural topography of the property. Therefore,
the existing elevation point is not appropriate for determining the established grade from
which building height shall be measured.
PA2016-134
208 Evening Canyon Road Grade Determination
October 21, 2016
Page 2
Tmplt: 04/01/16
The applicant has prepared an exhibit to determine an appropriate grade plane for
redevelopment of the lot. The exhibit connects existing contour lines on the subject
property and the adjoining property to the north (212 Evening Canyon Road) to
approximate the natural grade of the northwest corner of the lot prior to construction of the
partially subterranean garage. The purpose of this grade determination is to ensure the
height of development is based on conditions that are more representative of the site’s
natural topography and is in character with the surrounding area.
FINDINGS
In accordance with Zoning Code Section 20.30.050(C) (Grade Establishment –
Establishment by Director) if the Community Development Director finds that the existing
grade on the subject lot has been previously altered (e.g., contains retaining structures,
property line walls, planters, or excavation/fill), or other conditions are present to the
degree that the existing grade is not representative of the prevailing grades on adjoining
lots and/or the general area and, therefore, is not appropriate for the purpose of
establishing the grade of the subject lot, the Community Development Director may
establish a grade that is reasonable and comparable with the grades of adjoining lots and
that will not be detrimental or injurious to property and improvements on adjoining lots.
Finding:
A. The existing grade on the subject lot has been previously altered or other
conditions are present to the degree that the existing grade is not representative of
the prevailing grades and/or the general area and, therefore, is not appropriate for
the purpose of establishing the grade of the subject lot.
Facts in Support of Finding:
1. The existing grade on the subject property was altered when the home and partially
subterranean garage were constructed in 1951. Specifically, the northwest side of
the property was altered such that this corner is significantly lower than the rest of
the lot. The existing grade is therefore not appropriate for the purpose of
establishing grade and measuring height, and would result in a grade that is
inconsistent with the surrounding area.
2. Connecting existing contour lines between the subject property and the adjoining
property to the north is appropriate in this case because it closely approximates the
natural grade of the lot prior to the development of the partially subterranean
garage and is in character with the adjoining lot and other homes on the street
Finding:
B. The grade is reasonable and comparable with the grades of adjoining lots and will
not be detrimental or injurious to property and improvements on adjoining lots.
PA2016-134
208 Evening Canyon Road Grade Determination
October 21, 2016
Page 3
Tmplt: 04/01/16
Facts in Support of Finding:
1. The proposed grade plane is based on the existing grade at the subject property
and the grade of the adjoining property to the north and is slightly lower than the
grade of the adjoining lot; therefore, it is compatible with the adjoining lots.
2. The proposed grade establishes elevations consistent with the previously existing
natural topography of the site and requires building heights to be measured from an
established grade, a methodology consistent with the neighboring lots.
3. The property will be required to comply with all applicable development standards
of the Zoning Code which are in place to prevent detriment or injury to the existing
property and neighboring properties and improvements on adjoining lots.
CONDITIONS
1. A copy of this action letter including the findings and conditions shall be copied onto
the building plans.
2. The height of the principal structures shall be based on the grade plan exhibit
provided, stamped with the date of this approval and identified as Attachment No.
CD 3.
3. 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 208 Evening Canyon Road Grade Determination including, but not limited to,
SA2016-011 (PA2016-134). 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.
APPEAL PERIOD
An appeal or call for review may be filed with the Director of Community Development or
City Clerk, as applicable, within fourteen (14) days following the date the action or decision
was rendered. For additional information on filing an appeal, contact the Planning Division
at (949) 644-3200.
PA2016-134
208 Evening Canyon Road Grade Determination
October 21, 2016
Page 4
Tmplt: 04/01/16
On behalf of Kimberly Brandt, AICP, Community Development Director
By:
GBR/cc
Attachments:
CD 1 Vicinity Map
CD 2 2016 Topographic Survey (NAVD88)
CD 3 Grade Plane Exhibit
PA2016-134
Attachment No. CD 1
Vicinity Map
PA2016-134
Tmplt: 04/01/16
VICINITY MAP
Staff Approval No. SA2016-011
PA2016-134
208 Evening Canyon Road
PA2016-134
Attachment No. CD 2
Topographic Survey
PA2016-134
PA2016-134
2
3
5
6
LEGEND
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ENGINEERING, INC.
CIVIL ENGINEERING
LAND SURVEYING
STORMWATER QUALITY
139 Avenida Navarro
San Clemente, CA 92672
949.492.8586
www. toa Jeng l neeri ng. com
VIKTOR P. MEUM
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PA2016-134
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16102 1 1
C-1LOT 49, TRACT 1116208 EVENING CANYON, NEWPORT BEACH, CALIFORNIAEXHIBITGRADED PRIOR TO DEVELOPMENT*DENOTES:
PA2016-134
PA2016-134
Community Development Department
Planning Permit Application
1. Check Permits Requested:
0 Approval-in-Concept -AIC # 0 Limited Term Perm it -
0 Coastal Residential Development D Seasonal D < 90 day 0>90 days
0 Condominium Conversion D Modification Permit
D Comprehensive Sign Program O Off-Site Parking Agreement
0 Development Agreement O Planned Community Development Plan
0 Development Plan O Planned Development Permit
D Lot Line Adjustment D Site Development Review -D Major D Minor
D Lot Merger D Parcel Map
2. Project Address(es)/Assessor's Parcel No(s)
1208 Evening Canyon, NB
<, "I Ir "'1 CH
100 Civic Cen t er Drive
Newport Beach, Ca lifornia 92660
949 644-3200
newportbeachca.gov/communi tydev elopment
[j] Staff Approval
0Tract Map
0 Traffic Study
D Use Permit -OMinor 0Conditional
D Amendment to existing Use Permit
D Variance
0 Amendment -OCode OPC OGP OLCP
0 Other:
3. Project Description and Justification (Attach additional sheets if necessary):
!establishment of grade/director/staff approval
4. Company\ Applicant !Eric Trabert & Associates
Mailing Address J9521 Irvine Center Drive
City lirvine
Phone J949-861-2244 Fax J861-2233
I r----1
Suite/Unit ';:::======·
State lca I Zip l92618 I
I Email leric@etadesign .com I
5 . Company\Contac;.:.t..::::====================,-----;======-
Mailing Address Suite/Unit '-;:::=======i
City '-----;=========.----;::=====---....:::State ~-;::::::======'__:Z::Jip!:....:::======.
Fax .,___ _____ ___,! Email .,___ _____________ _,
6 . Owner Name ~IF_r-;:e=d=C=o=u=p=le=s===============::;------;::======-=-
Mailing Address J 1851 Alexander Bell Dr. Suite/Unit J 410 '-;:::======:::'.
City IReston State lvirginia I Zip 120191
Phone 1(703) 476-1717 I Fax .,__ ___ ____._ I Email .,__ _________ ___,
7. Property Owner's Affidavit*: (I) (>Ne)~-----------------------'
depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further
certify, und nalty of perjury, that the foregoing statemen·ts and answers herein contained and the information
herew· submi ed are in all respects true and correct to the best of (my) (our) knowledge and belief.
Sign ture(s) LI-Title ~ I Date: I drd#.b ~ foofMo/YEAR
Signature(s): --------------Title: .,___ ________ __. Date: ~----~
*May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the
application. Please note, the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized.
F :\Users\CDD\Shared\Admin\Planning_ Division\Applications\Application_ Guidelines\Planning Penn it Application -NEW .docx Rev : 02105115
PA2016-134
eric trabert & associates
9521 Irvine Center Olive . Irvine, California . 92618 . Ph: 949.861.2244 • Fax: 949.861.2233
July 15, 2016
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA. 92660
Subject: Assignment of agent to act on our behalf
Re: Fred Couples residence -(208 Evening Canyon, NB)
To whom it may concern,
I, fu d. ~'5,/"'° _.., as owner(s) of the above listed property; do confirm
that I have chosen Enc Trabert ( of Eric Trabert & Associates) to act on my behalf and submit required plans &
materials to the City of Newport Beach.
Sincerely yow·s,
Date:
PA2016-134
RAYMOND R. TOAL, RCE J 6889
OLAV S. MEUM , LS 43 84
MICHAEL A. ROTH, LS 62 I I
TOAL ENGINEERING, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
139 Avenida Navarro , San Clemente, CA 92672
Tel: (949) 492-8586 • Fax: (949) 498-8625
'
August 23, 2016
Community Development Department
Planning Division
100 Civic Center Drive
Irvine, Ca. 92618
Att: Chelsea Crager
Subject: Existing Grades prior to home
208 Evening Canyon • Newport Beach, Ca • JN 16102
Dear Ms Crager,
CALEB 0. RIOS , RCE 57587
ADAM L. TOAL, RCE 59275
VlKTOR P. MEUM, LS 8682
We have received the planning departments letter dated August 2, 2016 that requests a description
and justification of the exhibit our office prepared , dated July 12, 2016.
The exhibit our office prepared represents "existing" grades prior to construction of the existing
home. The pad elevation shown thereon of 78.5 feet was based on adjoining property pad elevations.
The pad elevation of 78.5 feet matches the pad of the easterly property and is set approximately 2.5 feet
lower than the northerly prope1ty. The contours and slope reflected along the westerly side of the property
join in to meet the existing slope on the northerly property adjacent to the street.
It is our opinion that the "existing" grades shown on our exhibit are in substantial conformance with
the existing grades after completion of rough grading for the tract.
If you have any questions regarding the foregoing, please call us at your convenience.
C R/er
N:I 16 1 XX\ 16 102\Mi sc\ex grades prior to sfr 16 10220 16-08-23
PA2016-134
RAYMOND R. TOAL, RCE 16889
OLAV S. MEUM, LS 4384
MICHAEL A. ROTH, LS 6211
ETA Inc
Custom Residential Design
9521 Irvine Center Drive
Irvine, Ca. 92618
Att: Eric Trabert
Subject: Topographic Survey
TOAL ENGINEE;RING, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
139 Avenida Navarro, San Clemente, CA 92672
Tel: (949) 492-8586 • Fax: (949) 498-8625
July 14, 2016
208 Evening Canyon• Corona Del Mar, Ca• JN 16102
Dear Mr. Trabert,
CALEB 0. RIOS, RCE 57587
ADAM L. TOAL, RCE 59275
VIKTOR P. MEUM, LS 8682
Per your request we have prepared an exhibit reflecting our estimated existing grades on the subject
property prior to construction of the existing structure. The exhibit is attached herewith, dated July 12,
2016.
To estimate the original pad grade elevation we used the topographic survey prepared by our office,
dated June 6, 2016, as a basis. Plan is also attached herewith.
If you have any questions regarding the foregoing. please call us at your convenience.
A2016-011
pA2016-134 for S Road
208 Eveninrtg i:~~~iates
Eric Trabe
CR/er
N:\161XX\161021\Misc\16102 memo re existing grades 071416.doc