HomeMy WebLinkAbout05_Schulman Residence CDP_PA2021-140CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 30, 2021
Agenda Item No. 5
SUBJECT: Schulman Residence (PA2021-140)
Coastal Development Permit No. CD2021-026
SITE LOCATION: 1615 East Bay Avenue
APPLICANT: Brandon Architects
OWNER: Jay and Nancy Schulman
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
Zoning District: R-1 (Single-Unit Residential)
Coastal Land Use Plan Category: RSD-B (Single Unit Residential Detached) - (6.0
9.9 DU/AC)
Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit (CDP) to allow the demolition of an existing
single-family residence and the construction of a new 4,171-square-foot, three-story,
single-family residence with an attached 650-square-foot, three-car garage. The project
also includes the installation of landscaping, hardscaping, drainage, site walls, patio
improvements, and a reinforced bulkhead cap for protection against coastal hazards. All
improvements authorized by this CDP will be located on private property. The design
complies with all applicable development standards and no deviations are requested.
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
6, Chapter 3, because it has no potential to have a significant effect on the
environment and the exceptions to this exemption do not apply; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2021-026 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is in the R-1 Coastal Zoning District, which provides for single-
unit residential development and
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 is comprised of three underlying parcels (shown below) that are held
together through a recorded covenant and agreement.
The lot is rectangularly shaped, flat, and extends beyond the existing bulkhead and
into the Newport Harbor. A single-family residence is currently constructed on the
property. The front setback is measured from the abandoned street right-of-way.
Subject Property
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The coastal permitting jurisdiction of the property is bisected. The residence falls
within the permit jurisdiction of the City while the bulkhead falls within the permit
jurisdiction of the Coastal Commission.
The neighborhood is predominantly developed with two-story residences and an
occasional three-story residence. The proposed design, bulk, and scale of the
development is consistent with applicable development standards of the zoning
district and the expected future development of the neighborhood.
The proposed single-family dwelling 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 5 feet 5 feet
Sides 3 feet 3 feet
Rear 5 feet 5 feet
Allowable Floor Area (max.) 5,232 square feet 4,821 square feet
Allowable 3rd Floor Area (max.) 523 square feet 520 square feet
Open Space (min.) 392 square feet 619 square feet
Parking (min.) 3-car garage 3-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
The development fronts the Newport Bay and is protected by an existing concrete
bulkhead. A bulkhead conditions report was prepared by PMA Consulting, Inc. on
June 10, 2021. The report concluded that while the bulkhead is in good condition
with minor, repairable cracks, it should be reinforced through the installation of new
tiebacks and new deadmen. The installation of the tiebacks and deadmen will
occur after the demolition of the existing home is complete and prior to the
construction of the new home. Once the bulkhead is reinforced in accordance with
the report, no repair or replacement of the bulkhead is anticipated within the next
75 years.
A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated June 10, 2021, for the project. The report states that the
current maximum bay water elevation is 7.7 feet based on the North American
Vertical Datum of 1988 (NAVD 88) and it may exceed the current top of bulkhead
elevation of 9.50 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. The bay water level is estimated to
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reach approximately 10.7 feet (NAVD 88) in the year 2096 (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) with
a design that allows for future adaptability of up to 14.4 feet (NAVD 88).
Once the existing bulkhead is reinforced, raised, and capped per the Coastal
Hazards R -up, and erosion will not
significantly impact this property over the proposed 75-year economic life of the
development. Flood shields (sandbags and other barriers) can be deployed across
the openings to protect and prevent flooding to the structure as well as installing
waterproofing and flashing above the top of slab.
The proposed improvements including the replacement of deadmen, tiebacks, and
raising the bulkhead are located entirely within private property; however, the location
of the existing bulkhead is within the permitting jurisdiction of the Coastal
Commission. Bulkhead work will require a subsequent Approval in Concept (AIC)
from the City and the approval of a separate Coastal Development Permit from the
Coastal Commission. Condition of Approval Number 4 in the draft resolution
requires the Applicant obtain the approval of the additional CDP from the Coastal
Commission.
The top of slab for the first floor of the residence is proposed at an elevation of
9.37 feet (NAVD 88), which complies with the minimum 9.00-foot (NAVD 88)
elevation standard.
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.
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 -
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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 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
The property is located adjacent to coastal waters. Pursuant to Section 21.35.030
(Construction Pollution Prevention Plan) of the NBMC, a Construction Pollution
Prevention Plan (CPPP) is required to implement temporary Best Management
Practices (BMPs) during construction to minimize erosion and sedimentation and to
minimize pollution of runoff and coastal waters derived from construction chemicals
and materials. A CPPP has been provided and construction plans and activities will
be required to adhere to the CPPP.
Pursuant to NBMC 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 (WQHP) is required. The preliminary WQHP was prepared by
Forkert Engineering & Surveying Inc. dated June 11, 2021 and has been reviewed
and hydrologic site characterization, a sizing standard for BMPs, use of an LID
approach to retain the design storm runoff volume on site, and documentation of the
expected effectiveness of the proposed BMPs. Construction plans will be reviewed
for compliance with the approved WQHP prior to building permit issuance.
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 runoff and minor rain event runoff on-site. Any water
not retained on-
Public Access and Views
Vertical access to the bay is available on either side of the site at the H and I Street-
ends. Lateral access is available through the public alleyways and East Balboa
Boulevard. A public beach that provides further access opportunities is located
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approximately 2,112 feet to the east of the project site. The project does not include
any features that would obstruct access along either route.
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
and be proportional to the impact. In this case, the project replaces an existing single-
family residence located on standard R-1 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, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is approximately 3,168 feet away from the project site, at the West Jetty
View Park and the project site is not visible from this designated viewpoint. The
project site is also not visible from the public beaches in the immediate vicinity,
including the beach mentioned previously. T
setback development standards will help prevent impacts to coastal views as the
new residence will maintain a building envelope consistent with the existing
neighborhood pattern of development. As a bayfront property, the north elevation
of the new residence will be visible from the water. The design complies with all
required setbacks which minimizes the appearance of building bulk and the design
uses architectural treatments which will enhance views from the water.
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 4,171-square-
foot, three-story, single-family residence with an attached 650-square-foot, three-car
garage.
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
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state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
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. A Notice of Filing was posted to the site by the Applicant
in accordance with Title 21 requirements. 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 NBMC. Final action taken by the City may be appealed to the
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:
BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2021-026 TO
DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND
CONSTRUCT A NEW THREE (3)-STORY SINGLE-FAMILY
RESIDENCE AND ATTACHED THREE (3)-CAR GARAGE
LOCATED AT 1615 EAST BAY AVENUE (PA2021-140)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brandon Architects (Applicant), with respect to property located
at 1615 East Bay Avenue and legally described as the westerly 30 feet of lots 8, 9, 10 &
Section of the Balboa Tract, and a portion of an abandoned street right of way, requesting
approval of a coastal development permit.
2. The Applicant proposes to demolish an existing single-family residence and the
construction of a new 4,171-square-foot, three (3)-story single-family residence with an
attached 650-square-foot, three (3)-car garage. The project also includes the installation
of landscaping, hardscaping, drainage, site walls, patio improvements, and a reinforced
bulkhead cap for protection against coastal hazards. All improvements authorized by
this CDP will be located on private property. The design complies with all applicable
development standards and no deviations are requested.
3. The subject property is categorized RS-D (Single Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1 (Single-Unit Residential)
Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-B (Single Unit Residential Detached) - (6.0 9.9 DU/AC) and it is located
within the R-1 (Single-Unit Residential) Coastal Zone District.
5. A public hearing was held online on September 30, 2021,
Executive Orders 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
(NBMC). Evidence, both written and oral, was presented to, and considered by, the
Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
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
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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 single-family residence and the construction of a new new 4,171-
square-foot, three (3)-story single-family residence with an attached 650-square-foot,
three (3)-car garage
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 NBMC, 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 5,232 square feet and the proposed floor area
is 4,821 square feet.
b. The proposed development provides the minimum required setbacks, which are 5
feet measured from the abandoned street right-of-way, 3 feet along each side
property line and 5 feet along the rear property line abutting the alley.
c. The highest guardrail is less than 24 feet from established grade (9.79 feet North
American Vertical Datum of 1988 [NAVD 88]) and the highest ridge is no more than
29 feet from established grade, which comply with the maximum height
requirements.
d. The project includes garage parking for a total of three (3) vehicles, complying with
the minimum three (3)-car garage parking requirement for single-family residences
with more than 4,000 square feet of habitable floor area.
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2. The neighborhood is predominantly developed with two (2)-story residences and an
occasional three (3)-story, single-family residence. The proposed design, bulk, and
scale of the development is consistent with applicable development standards of the
zoning district and the expected future development of the neighborhood.
3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated June 10, 2021, for the project. The report states that the current
maximum bay water elevation is 7.7 feet based on the North American Vertical Datum
of 1988 (NAVD 88) and it may exceed the current top of bulkhead elevation of 9.50 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. The bay water level is estimated to reach approximately 10.7 feet (NAVD 88) in
the year 2096 (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). The report concludes that once the
ations, flooding,
wave runup, and erosion will not significantly impact this property over the proposed 75-
year economic life of the development. As such, the project has been conditioned to
raise the bulkhead to a height of 10.90 (NAVD 88) with a design adaptability of elevation
of 14.4 feet (NAVD 88).
4. The top of slab for the first floor of the residence is proposed at an elevation of 9.37 feet
(NAVD 88) which complies with the minimum 9.00 feet (NAVD 88) elevation standard.
5. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), 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 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). Both requirements are included as conditions of approval, Condition
of Approval Numbers 5 and 6 respectively, and will need to be satisfied prior to final building
inspection, and prior to the issuance of building permits, respectively.
6. The property is 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 building
permits. 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.
7. The property abuts 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
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percolation features designed to retain dry weather and minor rain event runoff on-site.
Any water not retained on- system.
8. Pursuant to NBMC Section 21.35.050, due to the proximity of the development to the
shoreline and the development containing more than 75 percent of impervious surface
area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has
been prepared for the project by Forkert Engineering & Surveying Inc. dated June 11,
2021. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing
standard for BMPs, use of an LID approach to retain the design storm runoff volume on
site, and documentation of the expected effectiveness of the proposed BMPs.
9. Proposed landscaping complies with Implementation Plan Section 21.30.075. Condition
of Approval Number 24 requires drought-tolerant species. Prior to issuance of building
permits, the final landscape plans will be reviewed to verify invasive species are not
planted
10. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is approximately 3,168 feet away from the project site, at West Jetty View Park,
and is not visible from the site. There is a public beach within the vicinity of the project site
however the residence is not visible from that beach. compliance with height
and setback development standards will help prevent impacts to coastal views as the new
residence will maintain a building envelope consistent with the existing neighborhood
pattern of development. As a bayfront property, the north elevation of the new residence
will be visible from the water. The proposed design uses architectural treatments which
will enhance views from the water. Additionally, the project does not contain any unique
features that could degrade the visual quality of the coastal zone.
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.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 , and be
proportional to the impact. In this case, the project replaces an existing single-family
residence located on standard R-1 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.
2. Vertical access to the bay is available on either side of the site at the H street and I Street-
ends. Lateral access is available through the public alleyways and East Balboa Boulevard.
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There is a public beach, approximately 2,112 feet east of the project site that provides
further access opportunities. The project does not include any features that would obstruct
access along these routes.
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 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. 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.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2021-026, 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
Sections 13111 through 13120, and Section 30603 of the Coastal.
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF SEPTEMBER, 2021
_____________________________________
Jaime Murillo, Zoning Administrator
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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 bulkhead shall be
raised to provide a minimum elevation of 10.90 feet (NAVD 88), with a design
adaptability of 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 bulkhead shall be reinforced in accordance with the recommendations
provided in the Coastal Hazards Report and Sea Level Rise Analysis prepared by PMA
Consulting, Inc, dated June 10, 2021.
4. The Applicant shall obtain approval from the California Coastal Commission in order to
raise and reinforce the bulkhead.
5. 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. 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,
s and court costs) of every kind and nature whatsoever which
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,
wetlands or their buffers. No demolition or construction materials shall be stored on
public property.
8. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
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9. This Coastal Development Permit does not authorize any development seaward of the
private property.
10. 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 or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
11. 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.
12. 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.
13. 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. Stock piles 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.
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.
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Zoning Administrator Resolution No. ZA2021-###
Page 8 of 9
02-03-2020
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
approv
plans.
22. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Coastal Development Permit.
23. Prior to issuance of building permits, the final WQMP shall be reviewed and approved
by the Building Division. Implementation shall be in compliance with the approved CPPP
and WQMP and any changes could require separate review and approval by the
Building Division.
24. 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.
25. 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.
26. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the NBMC. The maximum
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Zoning Administrator Resolution No. ZA2021-###
Page 9 of 9
02-03-2020
noise shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
27. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday.
Noise-generating construction activities are not allowed on Saturdays, Sundays or
Holidays.
28. 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.
29. 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.
30. This Coastal Development Permit No. CD2021-026 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.
31. 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
approval of Schulman Residence including, but not limited to, Coastal Development Permit
No. CD2021-026 (PA2021-140). 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. CD2021-026
PA2021-140
1615 East Bay Avenue
Subject Property
Subject Property
19
Attachment No. ZA 3
Project Plans
20
21
22
2019 CorrList\RESIDENTIALConstructionMinimumReq 11/2020 1 CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT BUILDING DIVISION 100 Civic Center Drive | P.O. Box 1768 | Newport Beach, CA 92658-8915 www.newportbeachca.gov| (949) 644-3200 RESIDENTIAL CONSTRUCTION MINIMUM REQUIREMENTS Applicable Standards: 2019 California Residential Code (CRC); 2019 California Building Code (CBC); 2019 California Plumbing Code (CPC); 2019 California Electrical Code (CEC); 2019 California Mechanical Code (CMC); 2019 Building Energy Efficiency Standards (BEES); 2019 California Green Building Standards Code (Cal Green); & Chapter 15 of the Newport Beach Municipal Code (NBMC) GENERAL: 1. Residential building undergoing permitted alterations, additions or improvements shall replace non-compliant plumbing fixtures with water-conserving plumbing fixtures meeting the requirements of 2019 California Green Building Standards Code, Section 4.303.1 Plumbing fixture replacement is required prior to issuance of a certificate of occupancy or final inspection by the Chief Building Official. (Civil Code, Section 1101.1 et seq., NBMC 15.11.010) 2. Issuance of a building permit by the City of Newport Beach does not relieve applicants of the legal requirements to observe covenants, conditions and restrictions, which may be recorded against the property or to obtain plans.You should contact your communityassociations prior to commencement of any construction authorized by this permit. 3. Prior to performing any work in the City right-of-way an encroachment permit must beobtained from the Public Works Department. 4. A site survey by a licensed surveyor shall be required prior to foundation concrete pour.5.Garage ceiling height. The minimum unobstructed vertical clearance for parking spaces shall be sevenfeet, except that the front four feet may have a minimum vertical clearanceof four feet. (NBMC 20.40.090 A 4)6. Utilize one of the city’s approved franchise hauler to recycle and/or salvage a minimum of 65% of the nonhazardous construction and demolition waste. (Cal Green 4.408.1,4.408.3) 7. Stairways shall not be less than 36 inches clear width. (CRC 311.7.1) The minimum head clearance shall be 6”-8” measured vertically from the sloped line adjoining tread nosing. (CRC 311.7.2) 8. Advisory Note: Homeowners Association (HOA) approval is independent of the Cityprocess and may be required for this improvement. Please check with the HOA Board.9. Additional permits are required for detached structures including but not limited to: a. Accessory structures, detached patio covers, and trellises, b. Masonry or concrete fences over 3.5 ft. high or within 3 feet of the property line,c. Retaining walls over 4 ft. high from the bottom of the foundation to the top of thewall and any retaining wall within 3 ft. of property line regardless of height.2019 CorrList\RESIDENTIALConstructionMinimumReq 11/2020 2 d.Electrical and Plumbing for exterior improvements detached from the house (i.e. barbeque,fountain, fire feature)CONSTRUCTION: 10. Pedestrian protection adjacent to public way to be as follows: CBC TABLE 3306.1 PROTECTION OF PEDESTRIANS HEIGHT OF CONSTRUCTION DISTANCE FROM CONSTRUCTION TO LOT LINE TYPE OF PROTECTION REQUIRED 8 feet or less Less than 5 feet Construction railings 5 feet or more None More than 8 feet Less than 5 feet Barrier and covered walkway 5 feet or more, but not more than one-fourth the height of construction Barrier and covered walkway 5 feet or more, but between one-fourth and one-half the height of construction Barrier 5 feet or more, but exceeding one-half the height of construction None 11. All exterior lath and plaster shall havetwo layers of Grade D paper over wood base sheathing. (CRC R703.7.3, CBC 2510.6) 12. Wall covering of showers or tubs with showers shall be of cement plaster, tile, or approved equal, to a height of not less than 72 inches above drain inlet. Backing for tile shall becement board or cement plaster. (CRC R307.2, CBC 1209.2.3) 13. Safety glazing shall be provided at the following hazardous locations: (CRC R308.4, CBC 2406.4) a. Swinging, bi-fold, and sliding doors. b. When located within 60 inches above the floor of wet surfaces such as tubs, showers, saunas, steam rooms, or outdoor swimming pool. c. Glazing adjacent to doors: i. Within a 24-inch arc of either vertical edge of doors and within 60 inches ofwalking surface. ii. Where the glazing is on a wall perpendicular to the plane of the door in aclosed position and within 24 inches of the hinge side of an in-swinging door. d. Where glazing area is more than 9 sq. ft. in area, with the bottom edge less than 18 inches above the floor, top edge more than 36 inches above floor, and within 36 inches of a walking surface, measured horizontally. e.Glazing where the bottom exposed edge of the glazing is less than 36 inchesabove the plane of the adjacent walking surface of stairways, landings betweenflights of stairs and ramps. f. Glazing adjacent to the landing at the bottom of a stairway where the glazing is less than 36 inches above the landing and within 60 inches horizontally of the bottom tread. g. Glazing in guards and railings.14. All doors from the house into the pool area shall be equipped with an approved alarm or an approved alternate drowning prevention safety feature. (CBC 3109 (115922)) 15. Smoke alarms shall be installed in the following locations (CRC R314.3, CBC 907.2.11.2, 907.2.11.3 & 907.2.11.4): 2019 CorrList\RESIDENTIALConstructionMinimumReq 11/2020 3 a. In each sleeping room. b. Outside each separate sleeping area in the immediate vicinity of the bedrooms.c. On each additional story, including basements and habitable attics.d. Not less than 3 feet horizontally from the door or opening of a bathroom that contains a bathtub or shower. e. A minimum of 20 feet horizontally from any permanently installed cookingappliance. f. Smoke alarms shall be hardwired with battery back-up and interconnected unlessexempted in accordance with CRC R314.4 & R314.5 or CBC 907.2.10.5 & 907.2.10.6. 16. Carbon monoxide alarms shall be installed in the following locations (CRC R315.3): a. Outside of each sleeping area in the immediate vicinity of the bedroom(s).b. On every occupiable level of the dwelling unit including basements. c. Where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom. Carbon monoxide alarms shall be hardwired with battery back-up and interconnected unless exempted in accordance with CRC R315.6(4). 17. All fenestrations on windows and doors shall have U-factors (0.30 max) and Solar Heat Gain Coefficient (SHGC=0.23 max) values in accordance with T-24 energy calculations.All fenestrations must have temporary and permanent labels. TEMPORARY GENERATOR: 18. Hand operated construction tools powered by electricity must use power provided by Southern California Edison through a temporary pole or available outlet. In the rare case where electricity is not readily available and a portable temporary generator is necessary, then the following restrictions must be adhered to: a. Must be portable and may be easily relocated. b. Temporary generators are to be located a minimum distance from any property line according to the following table: Time in Use Hours Required Setback from Property Line Required Setback from Adjacent Structures 0 – 1 day 10 feet 5 feet > 1 day20 feet 5 feet c. If the minimum distance cannot be achieved, then the generator shall be locatedthe most extreme distance practical to inhibit noise. Other methods to inhibit noisemay be utilized when practical. d. May be operational for a maximum of five consecutive calendar days. After fiveconsecutive calendar days of use, power shall be provided through the use of atemporary power pole. e. Usage is limited to weekdays between the hours from 8:00 AM and 3:30 PMMonday through Friday. No use on the weekends or federal holidays. 2019 CorrList\RESIDENTIALConstructionMinimumReq 11/2020 4 FIREPLACE: 19. All fireplaces: a. Factory-built fireplaces, chimneys and all of their components shall be listed and installed in accordance with their listing and manufacturer's installationinstructions. (CRC R1004.1) b. Factory built wood burning fireplaces shallbe qualified at the U.S. EPA’s Voluntary Fireplace Program Phase 2 emissions level. (CRC 1004.1.1) c. Decorative shrouds shall not be installed at the termination of factory-built chimneys except where such shrouds are listed and labeled for use with the specific factory-built chimney system and are installed in accordance with manufacturer's installation instructions. (CRC R1005.2 & CMC 802.5.1.1 & CMC 802.5.4.3) d. Horizontal openings are not allowed, for exhaust vents, in walls closer than 3 feet to a property line. (Tables R302.1(1)&(2)). Horizontal vent caps shall be 2 feet clear from property lines. e. Exhaust openings shall not be directed onto walkways. (R303.5.2) 20. Solid fuel burning fireplaces: a. Provide a permanently anchored gaseous fuel burning pan to the firebox of a solidfuel burning fireplace. b. Solid fuel burning fireplace must comply with the California Energy Standards mandatory measures. c. Chimney shall extend at least 2 ft. higher than any portion of the building within 10 ft., but shall not be less than 3 ft. above the highest point where the chimney passes through the roof. (CRC R1003.9) d. Liquid fueled fireplaces are not allowed for interior use. 21. Direct vent gas appliance fireplace: a. Direct vent sealed-combustion gas appliance fireplace must comply with the Cal Green code requirements and must comply with ANSI Z21.50. (Cal Green 4.503.1)MECHANICAL: 22. Rooms containing bathtubs, showers, spas and similar fixtures shall be provided with anexhaust fan with humidity control sensor having a minimum capacity of 50 CFM ducted to terminate outside the building. (CRC R303.3, Cal Green 4.506.1, CBC 1202.5.2.1, CMC 402.5) 23. Where water closet compartment is independent of the bathroom or shower area, a fan will be required in each area. Bathrooms shall have an exhaust fan with humidity control sensor, min. 50 CFM capacity. (CRC R303.3) 24. Where whole house fans are used in bathroom areas, the fan must run continuously and shall not be tied to a humidity control sensor. (Cal Green 4.506.1(2)) 25. The clothes dryer vent shall not exceed 14 ft. in overall length with maximum two 90 degree elbows. (CMC 504.4.2.1) 26. Environmental air ducts shall terminate min.3 feet from property line or openings into building, and 10 feet from a forced air inlet. (CMC 502.2.1) 27. Mechanical equipment shall be installed per the manufacture’s installation instructions.(CMC 303.1) 2019 CorrList\RESIDENTIALConstructionMinimumReq 11/2020 5 28. Domestic range vents to be smooth metallic interior surface. (CMC 504.3) 29. Supply and return air ducts to be insulated at a minimum of R-6. (Cal Energy Code Table 150.1-A.) PLUMBING: 30. Separate water meters are required for all new duplexes. Separate fire risers are required at each water meter. 31. Plumbing Fixtures:a. New Construction & Addition/Alterations that increases condition space area, volume, or size (Cal Green 4.303.1):i. Comply with CAL Green Mandatory Requirements b. Addition & Alteration: Existing fixtures shall be replaced to meet the following requirements: i. Shower Heads: 1.8 gpm @ 80 psiii. Lavatory Faucets: 1.2 gpm @ 60 psi iii. Kitchen Faucets: 1.8 gpm @ 60 psi iv. Water Closet: 1.28 gallons per flush32. Clearance for water closet to be a minimum of 24 inches in front, and 15 inches from its center to any side wall or obstruction. (CPC 402.5) 33. The water heater burner to be at least 18 inches above the garage floor, if located in a garage. (CPC 507.13) 34. Install a 3 inch diameter by 3 ft. tall steel pipe embedded in concrete slab for protection ofwater heaters located in garage. (CPC 507.13.1) 35.Water heaters to be strapped at top and bottom with 1 ½” x 16 gauge strap with 3/8” diameter. X 3” lag bolt each end. (CPC 507.2) 36. ABS and PVC drain waste and vent piping material is limited to 2 stories maximum. (CPC 701.2(2) (a). and 903.1.1) 37. ABS and PVC roof and deck drain material is limited to 2 stories maximum. (CPC 1101.4) 38. Roof and deck drainsystems insidethe building are required to be installed with directional DWV drainage fittings. (CPC 1101.4 and & 706.0) 39. Cleanouts are required within 2 feet of the connection between the building interiorroof/deck drain piping system and the exterior onsite storm drain system. (CPC 1101.13) 40. All hose bibbs shall have vacuum breakers. (CPC 603.5.7) 41. The maximum amount of water closets on a 3 inch horizontal drainage system line is 3.(CPC Table 703.2) 42. The maximum amount of water closets on a 3 inch vertical drainage system line is 4. (CPC Table 703.2) 43. Provide gas line with a min capacity of 200,000 BTU for water heater. (Cal Energy Code150.0(n)) 44. Provide a condensate drain no more than 2 inches above the base of the water heater space. (Cal Energy Code 150.0 (n)) 45. Provide a straight vent pipe from the water heater space to the outside termination fromthe water heater space. (Cal Energy Code 150.0 (n)) 2019 CorrList\RESIDENTIALConstructionMinimumReq 11/2020 6 46. Insulate all hot water pipes. (Cal Energy Code 150.0 (j) (2), and CPC 609.11). 47. Isolation valves are required for tankless water heaters on the hot and cold supply lines with hose bibbs on each valve, to flush the heat exchanger. (Cal Energy Code 110.3 (6))48. Install 1 automatic clothes washer connection per one and two family dwelling. (CPC Table 422.1) ELECTRICAL: 49. Electrical service shall be underground for new construction, replacement building, oraddition to an existing building exceeds fifty (50) percent of the gross floor area of theexisting building. (NBMC 15.32.015) 50. Edison Company approval is required for meter location prior to installation.51. Field inspectors shall review and approve underground service requirement prior to concrete placement. 52. Service equipment and subpanels shall have a min 30” wide by 36” deep clear work space.(CEC 110.26) 53. All lighting is required shall be high efficacy. (California energy code section 150.0 (k) and Table 150.0-A.) 54. Provide a listed 1 inch raceway to accommodate a dedicated 208/240-volt circuit for future electrical vehicle (EV) charger. (Cal Green 4.106.4.1) 55. All receptacle outlets are required shall be listed tamper resistant (CEC 406.12 and 250.52) 56. Combination type AFCI circuit breakers are required for all 120-volt single phase 15/20 amp branch circuits. Except for bathrooms, garages, and outdoors. (CEC 210.12) 57. A minimum of one dedicated 20 amp circuit is required for a bathroom. (CEC 210.11(C)(3)) 58. GFCI protection is required for all receptacle outlets located outdoors, garages, accessorybuildings, bathrooms, crawl spaces, kitchens, laundry areas, kitchen dishwasher branch circuit, garbage disposal,all areas within 6 feet of a sink, and all receptacles within 6 feet of a bathtub or shower stall. (CEC 210.8) 59. Receptacle outlets are not allowed within or over a bathtub or shower stall. (CEC 406.9 (C)) 60. Subpanels are not allow to be located in bathrooms or clothes closets.. Avoid installingsub-panels in fire wall envelope unless the panel is listed or fire protection is clearlydetailed to the satisfaction of the building official. (CEC 240.24 (D) and (E) 61. Circuits sharing a grounded conductor (neutral) with two ungrounded (hot) conductors must use a two pole circuit breaker or an identified handle tie. Group non-cable circuits inpanel. (CEC 210.4(B)) (CEC 210.4(D)) 62. The receptacle outlets that serve kitchen counter tops, dining room, breakfast area, and pantry, must have a min of 2 dedicated 20 amp circuits. (CEC 210.52 (B)(1)) 63. Kitchen counter tops 12 inches or wider must have a receptacle outlet. (CEC 210.52(C)(1)) 64. Kitchen counter tops must have receptacle outlets so no point along the counter walls is more than 24 inches from a receptacle. (CEC 210.52 (C)(1)) 65. Island and peninsular counter tops must have at least one receptacle.(CEC 210.52(C)( 1),(2),and (3)) 2019 CorrList\RESIDENTIALConstructionMinimumReq 11/2020 7 66. The spacing for general receptacle outlets must be located so that no point on any wall,fixed glass, or cabinets is over 6 feet from a receptacle outlet. (CEC 210.52(A)(1)) 67. Hallways 10 feet or more must have at least one receptacle outlet. (CEC 210.52(H)) 68. Garages shall have at least one receptacle for each car space on the interior. The branch circuit supplying the receptacles shall not serve outlets outside of the garage. (CEC 210.52 (G) (1)). 69.Laundry rooms must have at least one dedicated 20 amp receptacle circuit. (CEC 210.11(C) (2)). 70. Provide 120V receptacle within 3 feet of water heater. (Cal Energy Code 150.0 (n) 1 A.) FOUNDATION: 71. Weep screed for stucco at the foundation plate line shall be a minimum of 4 inches above the earth or 2 inches above paved areas. (CRC R703.7.2.1, CBC 2512.1.2) 72. Fasteners and connectors (nails, anchor bolts, etc.) in contact with preservative-treatedwood shall be of hot-dipped zinc-coated galvanized steel, stainless steel, silicon bronze or copper. (CRC R317.3, CBC 2304.10.5.1) 73.Anchor bolts shall include steel plate washers, a minimum of 0.229” x 3” x 3” in size, between sill plate and nut. (CRC R602.11.1, CBC 2308.3, Acceptable alternate SDPWS4.3.6.4.3) 23
BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF I• • • • • • •• • • •• • •• •• • • • •• • •• • •• •• ••••• ••• •• • • •• • • ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••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:PARCEL: THE WESTERLY 30 FEET OF LOTS 8, 9, 10 & 11 INBLOCK 25 OF EAST SIDE ADDITION TO THE BALBOA TRACT, ASSHOWN ON A MAP RECORDED IN BOOK 4, PAGE 20 OFMISCELLANEOUS MAPS, CITY OF NEWPORT BEACH, STATE OFCALIFORNIA, RECORDS OF ORANGE COUNTY, CALIFORNIA,THE EASTERLY LINE OF SAID WESTERLY 30 FEET BEINGPARALLEL WITH AND DISTANT 30 FEET EASTERLY FROM THEWESTERLY LINE OF SAID LOTS.PARCEL 2: LOT 8 IN BLOCK P OF BAYFRONT SECTION OF THEBALBOA TRACT, CITY OF NEWPORT BEACH, COUNTY OFORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP,RECORDED IN BOOK 6, PAGE 15 OF MISCELLANEOUS MAPS,RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTINGTHEREFROM THAT PORTION THEREOF LYING NORTHERLY OFTHE UNITED STATES GOVERNMENT BULKHEAD LINE BETWEENSTATIONS 109 AND 110 AS SHOWN ON THE "MAP OF NEWPORTBAY, CALIFORNIA, SHOWING THE HARBOR LINES" APPROVEDJANUARY 15, 1917 BY WILLIAM H. INGRAM, ASSISTANTSECRETARY OF WAR. ALSO EXCEPTING ANY PORTIONTHEREOF LYING BELOW THE LINE OF MEAN HIGH TIDE OF THEPACIFIC OCEAN IN NEWPORT BAY.PARCEL 3: THAT PORTION OF BAY AVENUE, 30 FEET WIDE, ASLAID OUT AND SHOWN ON A MAP OF THE EAST SIDE ADDITIONTO THE BALBOA TRACT RECORDED IN BOOK 4, PAGE 20 OFMISCELLANEOUS MAPS, CITY OF NEWPORT BEACH, COUNTYOF ORANGE, STATE OF CALIFORNIA, RECORDS OF ORANGECOUNTY, CALIFORNIA, ABANDONED BY RESOLUTION #4589 OFTHE CITY COUNCIL OF THE CITY OF NEWPORT BEACH,CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDEDMARCH 4, 1957 IN BOOK 3825, PAGE 352 OF OFFICIAL RECORDSOF SAID ORANGE COUNTY, BOUNDED WESTERLY BY THENORTHERLY PROLONGATION OF THE WESTERLY LINE OF LOT8, BLOCK 25 OF SAID EAST SIDE ADDITION, AND BOUNDEDEASTERLY BY THE NORTHERLY PROLONGATION OF THEEASTERLY LINE OF THE WESTERLY 30 FEET OF LOT 8, BLOCK25 OF SAID EAST SIDE ADDITION, SAID EASTERLY LINE BEINGPARALLEL WITH AND DISTANT 30 FEET EASTERLY FROM THEWESTERLY LINE OF SAID LINE 8.PAUL 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
GRAPHIC SCALESURVEYOR OR ENGINEER SHALL PERMANENTLY MONUMENT PROPERTYCORNERS OR OFFSETS BEFORE STARTING GRADING.PLEASE CALL PAUL CRAFT @ 714-488-5006 TO SCHEDULE.SURVEYOR'S NOTESBENCHMARK NO: NB1-4-71DESCRIBED BY OCS 2002 - FOUND 3 3\4" OCS ALUMINUMBENCHMARK DISK STAMPED "NB1-4-71", SET IN THE TOP OF A4 IN. BY 4 IN. CONCRETE POST. MONUMENT IS LOCATED INTHE SOUTHEAST CORNER OF THE INTERSECTION OF FSTREET AND BALBOA BOULEVARD, 81 FT. SOUTHEASTERLYOF THE CENTERLINE OF F STREET AND 27.3 FT.NORTHEASTERLY OF THE CENTERLINE OF BALBOABOULEVARD. MONUMENT IS SET LEVEL WITH THE SIDEWALK.ELEVATION: 7.828 FEET (NAVD88), YEAR LEVELED 2015VICINITY MAPLCEXISTING ELEVATIONLEGEND( )SEARCHED, FOUND NOTHING; SETNOTHINGFSFLFINISHED SURFACEFLOWLINEFFGFINISHED FLOOR GARAGECONCRETE SURFACET.B.M.TEMPORARY BENCHMARKSET ON A SEWER CLEANOUTELEVATION = 8.66 FEETFFFINISHED FLOORWATER METERWMGAS METERGMCENTERLINEBLOCK WALLBRICK SURFACENGNATURAL GROUNDWOOD FENCE (WDF)SCO SEWER CLEANOUTTDTOP OF DECKCLFCHAINLINK FENCEGRASS24
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