HomeMy WebLinkAbout03_Rosen Residence CDP_PA2021-110CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 29, 2021
Agenda Item No. 3
SUBJECT: Rosen Residence (PA2021-110)
Coastal Development Permit No. CD2021-021
SITE
LOCATION: 3906 River Avenue
APPLICANT: William Guidero, Architect
OWNER: Richard Rosen
PLANNER: Afshin Atapour, Planning Technician
949-644-3212, aatapour@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RT (Two Unit Residential)
Zoning District: R-2 (Two-Unit Residential)
Coastal Land Use Plan Category: RT-E (Two Unit Residential - 30.0 - 39.9 DU/AC)
Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A Coastal Development Permit (CDP) to allow the demolition of an existing single-family
residence and construction of a 2,677-square-foot, three-story, single-family residence
with an attached 550-square-foot two-car garage. The project includes landscape,
hardscape, drainage, and accessory structures all within the confines of the property. The
project also includes a reinforced bulkhead with cap for coastal hazards protection.The
project complies with all development standards and no deviations are requested.
The subject property is bisected by the coastal permit jurisdiction boundary resulting in a
portion of the single-family residence, front patio accessory improvements, and the
bulkhead improvements within California Coastal Commission’s permit jurisdiction. This
Coastal Development Permit is intended to cover portions of the project within the City’s
permit authority as designated in the Local Coastal Program (Title 21 of the Newport
Beach Municipal Code).
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
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6, Chapter 3, because it has no potential to have a significant effect on the environment;
and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2021-021 (Attachment No. ZA 1).
DISCUSSION
Land Use and Development Standards
The subject property is located in the R-2 Coastal Zoning District, which provides for
single- and two-unit residential development and is consistent with the City’s Coastal
Land Use Plan, General Plan, and Zoning Code. A coastal development permit is
required, and the property is not eligible for a waiver for de minimis development
because the property is located in the Coastal Commission Appeal Area.
The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with two- and three-story,
single-family and two-unit residences with scattered one-story residences. The
proposed design, bulk, and scale of the development is consistent with the existing
neighborhood pattern of development and expected future development consistent
with applicable development standards.
The proposed single-family residence and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (River Avenue) 4 feet 4 feet
Sides 3 feet 3 feet
2nd Front (Harbor) 20 feet 20 feet
Allowable Floor Area (max.) 3,430 square feet 3,227 square feet
Allowable 3rd Floor Area (max.) 343 square feet 342 square feet
Allowable 3rd Floor Covered
(max.)
857.5 square feet 787 square feet
Open Space (min.) 257 square feet 257 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
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Hazards
A Coastal Hazards Report and Sea Level Rise Analysis was prepared by
GeoSoils, Inc. dated June 10, 2021, for the project. The current maximum bay
water elevation is 7.7 feet (NAVD 88) and may exceed the current top of bulkhead
elevation of 6.78 feet (NAVD 88) during high tide or storm events. The report
analyzes future sea level rise scenarios assuming a three-foot increase in the
maximum water level over the next 75 years (i.e. the life of the structure).
Therefore, the sea level is estimated to reach approximately 10.7 feet (NAVD 88)
- (the likely range for sea level rise over 75-year design life of the structure based
on low risk aversion estimates for sea level rise provided by the State of California,
Sea Level Rise Guidance: 2018 Update).
On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential
Facilities. The guidelines require that any structure permitted within the years 2021
through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88)
with a design for adaptability elevation of 14.4 feet (NAVD 88). The project has
been conditioned to raise the bulkhead to an elevation of 10.9 feet (NAVD 88).
PMA Consulting, Inc. has confirmed the bulkhead design can be raised up to 14.4
feet (NAVD 88) if needed and in compliance with the updated guidelines.
Once the existing seawall/bulkhead is reinforced/capped/raised per the report’s
recommendations, flooding, wave run-up, and erosion will not significantly impact
this property over the proposed 75-year economic life of the development. A
waterproofing curb will be constructed around the perimeter of the dwelling that
would protect against flooding up to an elevation of 10.9 feet (NAVD 88). Flood
shields (sandbags and other barriers) can be deployed across the openings to
protect and prevent flooding to the structure. The report concludes that the
proposed project is reasonably safe from the flooding hazards for the next 75 years
with the reinforced/capped/raised bulkhead and a flood protection curb. Therefore,
the project has been conditioned to raise/cap the bulkhead and include a flood
protection curb structure up to 10.9 feet (NAVD 88).
The finished floor elevation of the proposed single-family residence is 9.65 feet
(NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation
standard. The Coastal Hazards Report concludes that the bay water elevation
(currently 7.7 feet NAVD 88) will not exceed the proposed flood protection curb
around the single-family residence at 10.9 feet (NAVD 88) for the anticipated 75-
year life of the structure.
Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv)
– (Natural Landform and Shoreline Protection), the property owner will be required
to enter into an agreement with the City waiving any potential right to protection to
address situations in the future in which the development is threatened with damage
or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The
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Waiver of Future Protection is included as a condition of approval that will need to be
satisfied prior to final building inspection.
The property owner will also be required to acknowledge any hazards present at the
site and unconditionally waive any claim to damage or liability against the decision
authority, consistent with NBMC Section 21.30.015(D)(3)(c) – (Waterfront -
Development Standards). The Acknowledgement of Coastal Hazards is included as
a condition of approval that will need to be satisfied prior to the issuance of building
permits.
The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of a building permit. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and CBC prior to building
permit issuance.
Water Quality
Pursuant to Newport Beach Municipal Code Section 21.35.050 (Water Quality and
Hydrology Plan), due to the proximity of the development to the shoreline and the
development containing more than 75 percent of impervious surface area, a
preliminary Water Quality and Hydrology Plan (WQMP) is required. A preliminary
WQMP has been prepared for the project by Thomas M. Ruiz dated, May 5, 2021.
The WQMP includes a polluted runoff and hydrologic site characterization, a sizing
standard for BMPs, use of a Low Impact Development (LID) approach to retain the
design storm runoff volume on site, and documentation of the expected effectiveness
of the proposed BMPs. Construction plans will be reviewed for compliance with the
approved WQMP prior to building permit issuance.
The project design addresses water quality with a construction erosion control plan
and a post-construction drainage system that includes drainage and percolation
features designed to retain dry weather runoff and minor rain event runoff on-site.
Any water not retained on-site is directed to the City’s storm drain system.
Public Access and Views
Vertical access to the bay is available near the site at the end of 40th Street. Lateral
access is available at the Channel Place Park where there is a small access point
and beach. The project does not include any features that would obstruct access
along these routes.
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The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 – (Determination of Public
Access/Recreation Impacts) requires that the provision of public access bear a
reasonable relationship between the requirement and the project’s impact and be
proportional to the impact. In this case, the project replaces an existing single-family
residence located on a standard R-2 lot with a new single-family residence.
Therefore, the project does not involve a change in land use, density or intensity that
will result in increased demand on public access and recreation opportunities.
Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so
as not to block or impede existing public access opportunities.
The project site is not located adjacent to a coastal view road or public access way
but is located near a designated Coastal Viewpoint as identified in the Coastal Land
Use Plan. The nearest viewpoint is located at Newport Island Park, which is
accessible to the public and provides opportunities to view the water. The residence
is not located between the park and the bay and would not obscure views from this
public area. The third story of the proposed structure may be visible from the park;
however, the proposed single-family residence complies with all applicable Local
Coastal Program (LCP) development standards and maintains a building envelope
consistent with the existing neighborhood pattern of development. The project
complies with all third-floor standards of the NBMC which limit the size and location
of the third floor. Additionally, the project does not contain any unique features that
could degrade the visual quality of the coastal zone.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment.
Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one single-family residence and the construction of a new 2,677 square-
foot, three-story, single-family residence with an attached 550 square-foot two-car garage
and therefore qualifies within this exemption.
There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would
invalidate the use of this exemption. The project location does not impact an
environmental resource of hazardous or critical concern, does not result in cumulative
impacts, does not have a significant effect on the environment due to unusual
circumstances, does not damage scenic resources within a state scenic highway, is not
a hazardous waste site, and is not identified as a historical resource.
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PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal
to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
MKN/aa
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
7
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2021-021 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW THREE (3)-STORY SINGLE-FAMILY RESIDENCE AND
ATTACHED TWO (2)-CAR GARAGE LOCATED AT 3906 RIVER
AVENUE (PA2021-110)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Guidero, Architect, with respect to property located at
3906 River Avenue, requesting approval of a coastal development permit.
2. The lot at 3906 River Avenue is legally described as Lot 4, Block 239, Canal Section.
3. The Applicant proposes to demolish an existing duplex and construct a new 2,677 square-
foot, three (3)-story, single-family residence with an attached 550 square-foot two (2)-car
garage. The project includes landscape, hardscape, drainage, and accessory structures
all within the confines of the property. The project includes landscape, hardscape,
drainage, and accessory structures all within the confines of the property. The project
also includes a reinforced bulkhead with cap for coastal hazards protection.The project
complies with all development standards and no deviations are requested.
4. The subject property is bisected by the coastal permit jurisdiction boundary resulting in
a portion of the property within California Coastal Commission’s permit jurisdiction. This
Coastal Development Permit is intended to cover portions of the project within the City’s
permit authority as designated in the certified Local Coastal Program (LCP) (Title 21 of
the Newport Beach Municpal Code).
5. The subject property is designated RT (Two Unit Residential Detached) by the General
Plan Land Use Element and is located within the R-2 (Two-Unit Residential) Zoning
District.
6. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-E (Two Unit Residential – 30.0 - 39.9 DU/AC) and it is located within the R-
2 (Two-Unit Residential) Coastal Zone District.
7. A public hearing was held online on July 29, 2021, consistent with Governor’s Executive
Order N-08-21 and N-29-20 related to COVID-19. A notice of time, place and purpose of
the hearing 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 hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
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1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
2. Class 3 exempts the demolition of up to three (3)-single-family residences and additions
of up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one (1) single-family residence and the construction of a new 2,677-
square-foot, three (3)-story, single-family residence with an attached 550-square-foot
two (2)-car garage and therefore qualifies within this exemption.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 3,430 square feet and the proposed floor area
is 3,227-square-foot.
b. The proposed development provides the minimum required setbacks, which are
four (4) feet along the front property line abutting River Avenue, three (3) feet along
each side property line, and 20 feet along the second front property line abutting
the water.
c. The highest guardrail is less than 24 feet from established grade and the highest
ridge is no more than 29 feet from established grade, which complies with the
maximum height limitation.
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d. The project includes garage parking for a total of two (2) vehicles, complying with
the minimum two (2)-car garage parking requirement for single-family residences
with less than 4,000 square feet of habitable floor.
2. The neighborhood is predominantly developed with two (2)- and three (3)-story, single-
family and two (2)-unit residences with scattered one (1)-story residences. The
proposed design, bulk, and scale of the development is consistent with the existing
neighborhood pattern of development and expected future development consistent with
applicable development standards.
3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc.
dated June 10, 2021, for the project. The current maximum bay water elevation is 7.7
feet (NAVD 88) and may exceed the current top of bulkhead elevation of 6.78 feet
(NAVD 88) during high tide or storm events. The report analyzes future sea level rise
scenarios assuming a 3-foot increase in the maximum water level over the next 75 years
(i.e. the life of the structure). Therefore, the sea level is estimated to reach approximately
10.7 feet (NAVD 88) - (the likely range for sea level rise over 75-year design life of the
structure based on low risk aversion estimates for sea level rise provided by the State
of California, Sea Level Rise Guidance: 2018 Update).
4. On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities.
The guidelines require that any structure permitted within the years 2021 through 2025
must have a minimum bulkhead elevation of 10.9 feet (NAVD 88) with a design for
adaptability elevation of 14.4 feet (NAVD 88). The project has been conditioned to raise
the bulkhead to an elevation of 10.9 feet (NAVD 88). PMA Consulting, Inc. has confirmed
the bulkhead design can be raised up to 14.4 feet (NAVD 88) if needed and in
compliance with the updated guidelines.
5. Once the existing seawall/bulkhead is reinforced/capped per the report’s
recommendations, flooding, wave run-up, and erosion will not significantly impact this
property over the proposed 75-year economic life of the development. A waterproofing
curb will be constructed around the perimeter of the dwelling that would protect against
flooding up to an elevation of 10.9 feet (NAVD 88). Flood shields (sandbags and other
barriers) can be deployed across the openings to protect and prevent flooding to the
structure. The report concludes that the proposed project is reasonably safe from the
flooding hazards for the next 75 years with the reinforced/capped bulkhead and a flood
protection curb. Therefore, the project has been conditioned to raise/cap the bulkhead
and include a flood protection curb structure up to 10.9 feet (NAVD 88).
6. The finished floor elevation of the proposed single-family residence is 9.65 feet (NAVD
88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard. The
Coastal Hazards Report concludes that the bay water elevation (currently 7.7 feet NAVD
88) will not exceed the proposed flood protection curb around the single-family
residence at 10.9 feet (NAVD 88) for the anticipated 75-year life of the structure.
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7. Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv) –
(Natural Landform and Shoreline Protection), the property owner will be required to enter
into an agreement with the City waiving any potential right to protection to address
situations in the future in which the development is threatened with damage or destruction
by coastal hazards (e.g., waves, erosion, and sea level rise). The Waiver of Future
Protection is included as a condition of approval that will need to be satisfied prior to final
building inspection.
8. The property owner will also be required to acknowledge any hazards present at the site
and unconditionally waive any claim to damage or liability against the decision authority,
consistent with NBMC Section 21.30.015(D)(3)(c) – (Waterfront - Development
Standards). The Acknowledgement of Coastal Hazards is included as a condition of
approval that will need to be satisfied prior to the issuance of building permits.
9. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
a building permit. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and CBC prior to building permit issuance.
10. The property is located adjacent to coastal waters. A Construction Erosion Control Plan
was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived by construction chemicals and materials. The project design also
addresses water quality through the inclusion of a post-construction drainage system that
includes drainage and percolation features designed to retain dry weather and minor rain
event runoff on-site. Any water not retained on-site is directed to the City’s storm drain
system.
11. Pursuant to Newport Beach Municipal Code Section 21.35.050 (Water Quality and
Hydrology Plan), due to the proximity of the development to the shoreline and the
development containing more than 75 percent of impervious surface area, a preliminary
Water Quality and Hydrology Plan (WQMP) is required. A preliminary WQMP has been
prepared for the project by Thomas M. Ruiz dated, May 5, 2021. The WQMP includes a
polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of a
Low Impact Development (LID) approach to retain the design storm runoff volume on site,
and documentation of the expected effectiveness of the proposed BMPs. Construction
plans will be reviewed for compliance with the approved WQMP prior to building permit
issuance.
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12. The project design addresses water quality with a construction erosion control plan and a
post-construction drainage system that includes drainage and percolation features
designed to retain dry weather runoff and minor rain event runoff on-site. Any water not
retained on-site is directed to the City’s storm drain system.
13. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant
species. Prior to issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted.
Finding:
B. 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.
Facts in Support of Finding:
1. Vertical access to the bay is available near the site at the end of 40th Street. Lateral access
is available at the Channel Place Park where there is a small access point and beach. The
project does not include any features that would obstruct access along these routes.
2. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access bear
a reasonable relationship between the requirement and the project’s impact and be
proportional to the impact. In this case, the project replaces an existing single-family
residence located on a standard R-2 lot with a new single-family residence. Therefore, the
project does not involve a change in land use, density or intensity that will result in
increased demand on public access and recreation opportunities. Furthermore, the project
is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede
existing public access opportunities.
3. The project site is not located adjacent to a coastal view road or public access way but is
located near a designated Coastal Viewpoint as identified in the Coastal Land Use Plan.
The nearest viewpoint is located at Newport Island Park, which is accessible to the public
and provides opportunities to view the water. The residence is not located between the
park and the bay and would not obscure views from this public area. The third story of the
proposed structure may be visible from the park; however, the proposed single-family
residence complies with all applicable Local Coastal Program (LCP) development
standards and maintains a building envelope consistent with the existing neighborhood
pattern of development. The project complies with all third-floor standards of the NBMC
which limit the size and location of the third floor. Additionally, the project does not contain
any unique features that could degrade the visual quality of the coastal zone.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2021-021 subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF JULY, 2021.
_____________________________
Matthew Schneider
Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Prior to final of building permits for the new residence, The existing seawall shall be
reinforced and capped to 10.90 feet (NAVD 88) and capable to be raised up to 14.4 feet
(NAVD 88), in compliance with the City of Newport Beach Waterfront Project Guidelines
and Standards, Harbor Design Criteria Commercial & Residential Facilities.
3. The existing seawall shall be reinforced in accordance with the recommendations
provided in the Coastal Hazards Report and Sea Level Rise Analysis prepared by
GeoSoils, Inc. dated June 10, 2021.
4. Prior to issuance of building permits, a waterproofing curb or similar design feature shall
be constructed around the proposed residence as an adaptive flood protection device
up to 10.9 feet (NAVD88). Flood shields (sandbags and other methods) can be deployed
across the openings to protect prevent flooding to the structure.
5. Waiver of Future Protection for Properties with Approved Bulkheads – 21.30.030.C.3(i)
– (Natural Landform and Shoreline Protection). Prior to final building permit inspection,
an agreement in a form approved by the City Attorney between the property owner and
the City shall be executed and recorded waiving rights to the construction of future
shoreline protection devices including the repair and maintenance, enhancement,
reinforcement, or any other activity affecting the bulkhead, that results in any
encroachment seaward of the authorized footprint of the bulkhead or other shoreline
protective device. The agreement shall be binding against the property owners and
successors and assigns.
6. Acknowledgement of Hazards for Waterfront Development - 21.30.015.D.3(c) –
(Waterfront - Development Standards). Prior to the issuance of a building permit, the
property owner shall submit a notarized signed letter acknowledging all hazards present
at the site, assuming the risk of injury or damage from such hazards, unconditionally
waiving any claims of damage against the City from such hazards, and to indemnify 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 development. This letter shall be scanned into
the plan set prior to building permit issuance.
7. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
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wetlands or their buffers. No demolition or construction materials shall be stored on
public property.
8. Demolition beyond the approved scope of work requires planning division approval prior
to commencement of work. Approval of revisions to project plans are not guaranteed.
Any changes in the current scope of work may require the entire structure to be
demolished and redeveloped in conformance with the current Zoning Code
Development Standards.
9. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stockpiles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway
10. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
11. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
12. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
13. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
15
Zoning Administrator Resolution No. ZA2021-###
Page 9 of 10
14. Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
15. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
16. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
17. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Coastal
Development Permit.
18. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if determined that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially injurious
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
19. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
20. Prior to the issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
21. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
22. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review
and approval by the Building Division.
23. Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
24. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.
All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
16
Zoning Administrator Resolution No. ZA2021-###
Page 10 of 10
25. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
26. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
27. Coastal Development Permit No. CD2021-021 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
28. 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 Rosen Residence including, but not limited to, Coastal Development Permit
No. CD2021-021 (PA2021-110). 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.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Coastal Development Permit No. CD2021-021
(PA2021-110)
3906 River Avenue
Subject Property
Subject Property
19
Attachment No. ZA 3
Project Plans
20
21
22
23
24
25
26
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OHOHOHOHOHOHCLLOT 4 CANAL SECTIONBLOCK 239M.M. 4/98LOT 5LOT 3CLBASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF RIVERAVENUE HAVING A BEARING OF N37°13'30"W PER RSB 202/19.BENCHMARK INFORMATIONTITLE REPORT/EASEMENT NOTESNO TITLE REPORT PROVIDEDLEGAL DESCRIPTIONREAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA AND ISDESCRIBED AS FOLLOWS:LOT 4 OF BLOCK 239, OF CANAL SECTION, IN THE CITY OFNEWPORT BEACH, COUNTY OF ORANGE, STATE OFCALIFORNIA AS PER MAP RECORDED IN BOOK 4, PAGE 98, OFMISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY.LCEXISTING ELEVATIONLEGEND( )FOUND EXISTING MONUMENT AS NOTER HEREONSEARCHED, FOUND NOTHING; SETNOTHINGFSFLFINISHED SURFACEFLOWLINEFFG FINISHED FLOOR GARAGECONCRETE SURFACET.B.M.TEMPORARY BENCHMARKSET ON A SEWER CLEANOUT (SCO)ELEVATION = 6.34 FEETHUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440 APEXLSINC@GMAIL.COMPAUL D. CRAFT, P.L.S. 8516 DATENOTE: SECTION 8770.6 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODESTATES THAT THE USE OF THE WORD CERTIFY OR CERTIFICATION BY ALICENSED LAND SURVEYOR IN THE PRACTICE OF LAND SURVEYING OR THEPREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS OR OTHER SURVEYINGDOCUMENTS ONLY CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINIONREGARDING THOSE FACTS OR FINDINGS WHICH ARE THE SUBJECT OF THECERTIFICATION AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE,EITHER EXPRESSED OR IMPLIED.LICENSE RENEWAL DATE 12/31/22PAULDOMINICKCRAFT
PROFESSIONALLANDSURVEYOR
FFFINISHED FLOORWATER METERWMGAS METERGMCENTERLINETSTOP OF STEPGRAPHIC SCALESURVEYOR OR ENGINEER SHALL PERMANENTLY MONUMENT PROPERTYCORNERS OR OFFSETS BEFORE STARTING GRADING.PLEASE CALL PAUL CRAFT @ 714-488-5006 TO SCHEDULE.SURVEYOR'S NOTESBLOCK WALLVICINITY MAPBENCHMARK NO: J-782DESCRIPTION:FOUND 3 3\4" OCS ALUMINUM BENCHMARK DISK STAMPED "J 782 1946", SET INTHE TOP OF A CONCRETE POST. MONUMENT IS LOCATED IN THE NORTHEASTCORNER OF THE INTERSECTION OF 29TH STREET AND NORTHBOUND NEWPORTBOULEVARD, 24.3 FT. EASTERLY OF THE CENTERLINE OF THE NORTHBOUNDLANES ALONG NEWPORT BOULEVARD AND 23.3 FT. NORTHERLY OF THECENTERLINE OF 29TH STREET. MONUMENT IS SET LEVEL WITH THE SIDEWALK.ELEVATION: 6.978 FEET (NAVD88), YEAR LEVELED 2015OVERHEAD POWERLINESOHEVTELECTRICAL VAULTPOWER POLEPPSEWER CLEANOUTSCOTDTOP OF DECKTCTOP OF CURBTWTOP OF WALLTXTOP OF DRIVEWAY XWATERPAUL D CRAFT4/19/202128
PMA Consulting, Inc.Consulting Structural Engineers28161 Casitas Ct., Laguna Niguel, CA 92677Phone: (714) 717-7542E-Mail: P.Petrov@PMA-BG.comREINFORCING THE EXISTING SEAWALLLOCATED AT:3906 RIVER AVENUENEWPORT BEACH, CA 92663RICHARD ROSEN3906 RIVER AVENUENEWPORT BEACH, CA 92663SW-0 29
N37°13'30"E 28.57'N52°46'30"W 100.00'N52°46'30"W 100.00'PMA Consulting, Inc.Consulting Structural Engineers28161 Casitas Ct., Laguna Niguel, CA 92677Phone: (714) 717-7542E-Mail: P.Petrov@PMA-BG.comREINFORCING THE EXISTING SEAWALLLOCATED AT:3906 RIVER AVENUENEWPORT BEACH, CA 92663RICHARD ROSEN3906 RIVER AVENUENEWPORT BEACH, CA 92663SW-1 30
31
STEPHEN M. DOLLE
3908 ½ River Ave.
Newport Beach, CA 92663
Email: 3tIons co
Mobile Tel. (714) 749-0851
July 28, 2021
Attn: Zoning Administrator
Community Develop Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660 Email: D@newporrbea~
Re: Comments/Questions for July 29, 2021 Public Zoning Hearing on Rosen House
My comments, questions, and requests below are my first written accounting and complaint to
the city regarding the "pro construction & demolition" practices in my Balboa Peninsula
neighborhood over the last 15 years. The noise, congestion, dirt, unhealthful effects, and
harassment I've faced from the construction has risen to the point of making it unbearable to
live here. I have been meaning to write to the city on these concerns for some time. I wasn't
sure if I should speak to the mayor's office, my city Councilwoman Diane Dixon, or the City
Attorney's office. I have shared some of this to Diane Dixon via email & Facebook, and verbally
to Yolanda Summerhill in the City Attorney's office. I felt this needs to be brought up at the July
29, 2021, Zoning Public Hearing on the Rosen house demolition, and have it referred to the
appropriate departments within the City of Newport Beach. I live just "six feet" from the 3906
River Ave. requested demolition & 3-story 2667 square-foot residence, at 3908 ½ River Ave .. I
do not believe any human can reasonably inhabit a 1950s era home "six feet" away from a
construction project of this magnitude, let alone an individual such as myself with "sensory
processing disorder" noise sensitivity due to hydrocephalus times 12 brain surgeries, plus a
neuro autoimmune disorder that's confined me to 12-15 hours a day in bed. I come to the city
today with complaints, comments, questions, and requests for remedy to the unhealthful
construction noise in the neighborhood, and the associated harassment and hateful language
that I "need to move" if I can't handle the unregulated construction -which has escalated since
about 2015.
Facts and Arguments of my Complaint:
1. Since about 2015 I have been called hateful names such as "mental" by a neighbor after
intervening in my keeping a recycling bin on our driveway/sidewalk to keep passers-by
away from our property entrance in 2020 at the height of the Covid19 lockdowns. This
neighbor took issue with my having an anti-body health issue & being very vulnerable to
Covid19, saying the neighborhood is talking about me and that I am "mental." Then in
2019, an active realtor on my street said I have a "defect" if I cannot handle the noise
1 I s. Dolle Comments & Questions on July 29, 2021 Zoning Hearing on Rosen House
Zoning Administrator - July 29, 2021
Item No. 3a Additional Materials Received
Rosen Residence CDP (PA2021-110)
from jets flying overhead during the HB airshow. We must have had 40 fly-bys over 4
days at ridiculously high & harmful dBA levels. On other occasions, comments such as by
my 3906 Rosen neighbor who is the subject of this hearing, were more direct, "You have
to move if you can't handle the construction noise," they said on multiple occasions.
Now I am very familiar with sensory processing disorder and sound/health monitoring
from my past 25+ years of neuroscience work, and being an affected individual. So to
have people harass me for this when I know how it is medically supported as a disability,
with associated disability rights protections, really draws my frustration. And I think this
bolsters a legal case if I ever brought one.
2. Where is the Noise Monitoring & Scientific Reports for Balboa Peninsula Construction?
I've never seen anyone from the city, nor heard of any noise monitored during any of
this neighborhood construction. Because home construction & demolition has become
so commonplace (way more than surrounding cities) I'd like to see best health science &
up to date regulations -not citing the 1977 Fair Housing Law as your defense. I also
think builders are doing a lot of cost-cutting in hiring undocumented workers, and that
can result in higher noise and street commotion levels. I recorded one of the loud pieces
of construction equipment that ran" daily" at a Newport Island remodel last year, and
uploaded it to YouTube. I couldn't have my windows open while it was running 4-5 days
a week for 3-4 months. And at some 200+ feet away. At a current Newport Island
rebuild project, I frequently hear workers tossing around large wooden beams. I've
been told twice by city code enforcement now that when a builder has a permit, they
are free to make as much noise & use whatever piece of equipment they like between
the hours of 7am -6:30pm Mon -Fri. So, How is it being monitored to keep dBA noise
levels BELOW 65dBA in residential & mixed use zones? And this is occurring today while
the city now discusses health, noise sensitivity, and disability (sensory processing
disorder or SPD) challenges as a result of "noise." Yet on the other hand, the city defers
to the 1977 Fair Housing Law governing the city & contractor duty when it comes to
construction noise.
The city identifies Section 10.28.040 throughout their General Plan as to their HUD
guidance on "construction noise." But as a scientist with experience in public health and
regulatory affairs, what the city has is a hodge-podge of redundant planning documents
listing & relying on the same outdated HUD Fair Housing Law, dancing around the ill
effects of construction noise, but also serially recognizing it now -but doing nothing
about it. There is already new ADA requirements for construction and similar noise in
public places. So -we're not long off for the day HUD updates the Fair Housing Law. I
also tend to think my complaining about the noise, is what drew the animus from my
pro demolition project neighbors. But seem not to want any regulations while boasting
about voting Democrat. And as far as "accommodations" at the proposed 3906 River
Ave. project, the Rosens living next door may allow them to request time changes and
other construction accommodations that wouldn't have been available to me.
2 I S. Dolle Comments & Questions on July 29, 2021 Zoning Hearing on Rosen House
Zoning Administrator - July 29, 2021
Item No. 3a Additional Materials Received
Rosen Residence CDP (PA2021-110)
3. There are a plethora of solutions & accommodations that could be used today to help
reduce the ill effects of construction noise & commotion. I don't feel the city acted in
"good faith" in the past to offer any of these -while collecting tens of thousands of
dollars in fees on each demolition & rebuild. It looks like the city has a conflict of
interest in receiving hefty construction fees vs managing public health interests.
I've suggested builders display a weekly "construction schedule" so that on any given
day, nearby neighbors can anticipate the amount of traffic & noise. And why the tossing
around of large beams? Who monitors this? It's as loud as big fireworks. Workers should
also try & carpool to reduce the strain on parking. Builders need to approach a remodel
or rebuild like they are bringing "industrial operations" into a residential neighborhood,
and be respectful & considerate of disturbances, rather than asking residents to
accommodate their whims in an unending number of building projects. I have a gut
sense there's a whole lot of politics & conflicts of interests in unabated construction.
Below, are four (4) REQUESTS I am asking for as part of this "complaint." I'd also like to
be notified "who" any of this has been referred to. And I may involve Congresswoman
Michelle Steel, as Congress has jurisdiction over HU D's outdated Fair Housing Law.
What I am Requesting:
1. A delay on the demolition project at 3906 River Ave. to afford me more time to move
from my 3908 ½ River Ave. residence. My plans have been complicated & delayed by
Covid19 restrictions. Plus my health is poor. I estimate moving by mid Nov. 2021.
2. The city undertake new scientific noise monitoring for Balboa Peninsula like that done in
the April 2014 Appendix C Noise Analysis Technical Report for the No. 617 John Wayne
Airport Environmental Impact Report.
3. The city consider applying residential noise dBA levels as it now does for construction
near hospitals and senior living centers. There are a lot of seniors now living on the
peninsula, who are not out working and gone during the day during construction hours.
4. The city investigate harassment of me from 2015 to present, that appears coordinated
around furthering the construction, and getting me to "move." I view it a civil rights
violation, esp when coordinated with area construction projects. I may also file a
complaint with the Dept of Justice. And I'd like to know what the city knew about this,
and what was done.
There have been quite a number of incidents of hateful language directed at me to get
me "to move" as a result of my "verbal complaints" so far about the unmanaged and
unmonitored construction noise in the presence of "pro construction" sentiments in my
neighborhood. It has involved homeowners, the owner of the 3906 River Ave. residence
who is the subject of this hearing, and realtors who live & buy/sell real estate in my
neighborhood. The Rosen owners of 3906 River Ave. property, contacted my landlord at
3908 River Ave & are set to rent the main portion of this property where I live. I believe
the construction creates a "constructive eviction" with my landlord. But instead of them
3 I S. Dolle Comments & Questions on July 29, 2021 Zoning Hearing on Rosen House
Zoning Administrator - July 29, 2021
Item No. 3a Additional Materials Received
Rosen Residence CDP (PA2021-110)
offering help to me, I felt the ONLY SOLUTION WAS TO MOVE. My landlord then sought
to solve the poor desirability of the 3908 property where I am at by renting the main
part of the house to the Rosens for the 15+ month construction period. I am unsure if
they will be here full time, or what their actual living arrangements will be. Some
possible remedies to the construction noise at my 3908 ½ apartment, though expensive,
are upgrading the windows, and adding sound proofing insulation to the master
bedroom.
I did "not" request the above accommodations for two (2) reasons: 1) The owner would
have had to spend a considerable sum of money to upgrade this 1950s house &
apartment to comparable soundproofing of newer homes -and I didn't want to force
this upgrade on them just for me; and 2) The city has shown such a rigid unwillingness
to provide any type of help or accommodation in my complaint calls over the last 10-15
years, that I couldn't count on receiving any help from the city if I were to try & stay
here thru the 3906 construction. So moving is inevitable. And I plan on moving in the
next several months. But I want to document just what has happened here, for which I
received "zero" help. It took me some time to gather the energy, legal, and regulatory
research to bring this complaint forward. Now I'd like to further the legal framework as
these defects in HUD's Fair Housing Act 24 CFR Part 51, Subpart B, last updated in 1977 I
think, as it relates to "sensory processing disorder" difficulty with construction noise,
and general convalescence associated with chronic illness, must be amended. The Fair
Housing Act must reflect the current science, reasonable needs, disability laws, and civil
rights protections of the times. And in addition to defects in the Fair Housing Law, the
city's inattention allowed this construction noise problem to turn into a "monster!" I
have not ruled out litigation.
I have a lengthy amount of supporting documents, notes, photos, video, names, dates,
etc. to be able to bring a satisfactory conclusion to the harassment and unmonitored
construction noise conditions here on the Peninsula. I just want to bring a healthy
closure to what's happened now that I've agreed to move, and will need help in doing
so. Some money would be nice too. But there's no way I can move out by Sept. 1, 2021.
Let's continue the discussion & remedy's to this as this complaint is forwarded to the
city's respective departments.
Re;•& ~J~
Stephen M. Dolle
:sd
4 I S. Dolle Comments & Questions on July 29, 2021 Zoning Hearing on Rosen House
Zoning Administrator - July 29, 2021
Item No. 3a Additional Materials Received
Rosen Residence CDP (PA2021-110)