HomeMy WebLinkAboutXR2022-2496 - Alternative Material & MethodsXU&Z-2-"Zq ��
4��W� CITY OF NEWPORT BEACH
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> �n COMMUNITY DEVELOPMENT DEPARTMENT
yrry s� BUILDING DIVISION
c `�` �o 100 Civic Center Drive I P.O. Box 1768 1 Newport Beach, CA 92658-8915
9CIrOrtH www.newoortbeachca.aov 1 (949) 644-3200
CASE NO.:
REQUEST FOR MODIFICATION TO PROVISIONS
OF TITLE 9 (FIRE CODE) OR TITLE 15 (BUILDING CODE)
OF THE NEWPORT BEACH MUNICIPAL CODE
(See Reverse for Basis for Approval) (Fee $306)
REQUEST FOR ALTERNATE MATERIAL
OR METHOD OF CONSTRUCTION
(See Reverse for Basis for Approval) (Fee $306)
r
FOR STAFF USE ONLY
Plan Check # ru"LL-coon # of Stories f
Occupancy Classification R3/U
Use of Building SFR #of units 1
Project Status UNDER CONSTRUCTION
Construction TyeVB-SPR
Vented by
No. of Items 1
Fee due $306
For above requests, complete Sections 1, 2 & 3 DISTRIBUTION.
below by printing in ink or typing. ® Owner El Plan Check
® Petitioner ® Inspector-C-tV�,A
❑ Fire ❑ Other
TJ JOB ADDRESS: PETITIONER:
S1TE ADDRESS: 1531 KATHLEEN LN. Petitioner
Owner rP r !t Fri /Y\O(1 tT�- (anions m be arcbxxi wen" ed
Address 3 Address Z03L ocomeaoc i
Mcvnoci eL I CLk zip cItUv m4a0� Us-� I._ (14 zip921�(.O
v Daytime Phone (T5.— L OO
Daytime Phone (g11)Si IR 39 P�
2 REQUEST: Submit plans if necessary to illustrate request. Additional sheets or data may be attached.
Maintain overhead electrical service instead of installing underground electrical service.
3 JUSTIFICATION/FINDINGS OF EQUIVALENCY: Loop CODE SECTIONS:
Existing power pole servicing the building is located on adjacent property, NBMC 15.32.015
Petitioner Position iY//ry /Jfj�
Signature CA Professional Lic. # 6 Data
FOR STAFF USE ONLY ,,,,,,,,,[[[
DEPARTMENT ACTION: In accordancewith: ❑ CBC 104.11/CFC 104a py.CBC 104.10/CFC 104.8
(Alternate materials & methods) / (CBC Modification)
❑ Concurrence from Fire Code Official is required. ❑ Approved ❑ Disapproved ❑ Written Comments Attached
By: Date
Request (DOES2Q9Elessen any fire protection requirements.
Request (DOES DOES N en the structural integrity
The Request is: Granted ❑ Denied (See reverse for appeal information)
❑ Granted (Ratification required)
Conditions of Approval:
Sig re PositionCHIEF BUILDING OFFIGIA6.te !O-OS—Z?DZ�
Print Name /
APPEAL OF DIVISION ACTION TO THE BUILDING BOARD OF APPEALS (See Reverse)
(Signature, statement of owner or applicant, statement of masons for
appeal and filing fees are required.)
CASHIER RECEIPT NUMBER: AE1� �' OIy Q 3 — 0 Z3 Forms"odif 08/21/23
From: Kevin Duong <Kevin.Duong@sce.com>
Date: September 14, 2023 at 12:46:54 PM PDT
To: Bob Yoder <bob.voder.sc@gmail.com>
Subject: RE: (External):Fwd: Easement Follow Up
�C) CL-•-
�51-�3�. 3C(�U
This letter confirms that, due to denial of underground easements to ac _
neighbor's property, you would need to request an Overhead service line for your proposed
construction.
Have the city inspector call me with any questions.
Thank you,
Kevin Van Duong
E!ectrical Distribution Planner
Huntington Beach Planning
TDBU Orange Coast Service Center
Ofc: (310) 783-9302/PAX 33302 1 Cel: (310) 713-4910
SCE Rules I SCE Rates ISCE-UGS I SCE-ESRI SCE -Planning
I S Energy forWhaYs Ahead -
From: Bob Yoder <bob.voder.sc@gmail.com>
Sent: Thursday, September 14, 2023 12:36 PM
To: Kevin Duong <Kevin.Duong@sce.com>
Subject: (External):Fwd: Easement Follow Up
Can you provide this letter from SCE asap. Thanks.
Bob Yoder
951-538-3980
Begin forwarded message:
From: "Kubischta, Melissa" <MKubischta@newportbeachca.gov>
Date: September 14, 2023 at 12:03:05 PM PDT
To: Bob Yoder <bob.voder.sc@gmail.com>, "Tran, Jenny"
<ltran@newportbeachca.gov>, "]oh, Jason" <JJoh@newportbeachca.gov>
Cc: "Thai, Tonee" <tthai@newportbeachca.gov>, "Shelton, Chad"
<CShelton@newportbeachca.gov>, "Sanchez, Chris" <CSanchez@newportbeachca.gov>,
"Lane, Steve" <slane@newportbeachca.eov>
Subject: RE: Easement Follow Up
I order for the Building Official to make a determination regarding a waiver,
modification, or delay for underground utilities service connection under Newport
Beach Municipal Code Section 15.32.015(D), we need something in writing from
Southern California Edison indicating what the practical difficulties or unreasonable
hardships unique to that particular parcel of property exist to require the waiver of the
requirement.
Regards,
Melissa
Kubischta, SE
Principal
Engineer -Plan
Check
Community
Development
Office: 949-644-
3278
100 Civic Center
Drive
Newport Beach,
CA 92660
s
�IIII ill��MAA
From: Bob Yoder <bob.voder.sc@Kmail.com>
Sent: September 14, 2023 10:54 AM
To: Tran, Jenny <jtran@newportbeachca.xov>; Joh, Jason <JJoh@newportbeachca.aov>;
Kubischta, Melissa <MKubischta@newportbeachca.eov>
Subject: Fwd: Easement Follow Up
QEXTERNAi. EMAIL ,DO NOT CLICK lnn9 s or a=cF:rnents unless you recognize the sender and
Know the content is safe.
Jenny et. al.,
This is regarding 1531 Kathleen Lane - PC2022-2535 and Combo Permit XR2022-2695.
We have been proceeding to underground our overhead service as is the standard
note/requirement for new construction. Although our neighbors had indicated their
cooperation, based on a meeting last week (and this email follow-up/verification) they
will not grant the easement that is required by Edison within their yard (the pole is in
their yard).
In speaking with my inspector (Chad) he said there is usually a new note written on the
plan to override the current standard note which requires the underground.
Please let me know if I need to provide any additional information. If this is correct, I'm
guessing I can bring the plans in over the counter and have the note added?
Thank you for your help!
---------- Forwarded message ---------
From: taylor Ivey <tavlor ivey@yahoo.com>
Date: Thu, Sep 7, 2023 at 4:27 PM
Subject: Easement Follow Up
To: <bob.voder.sc@gmail.com>
:..
We are the property owners at 2000 Beryl Lane. We do not wish to grant the easement
and further encumber our property. Thank you.
Taylor and Amy Ivey
Bob Yoder
951-538-3980
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Guidelines for Approval of Alternate Materials. Design and Methods of Construction
Basis For Approval
For the Chief Building Official and Fire Code Official or their designated agent to approve a request for modification
or a request for alternate material or method of construction, he/she must determine that special, individual reasons
exist that make compliance with the strict letter of the Code impractical and that equivalency is provided. The
resulting condition must be in conformance with the spirit and purpose of the Code provisions involved and that such
modification does not lessen fire protection, structural integrity or occupant safety. The applicant must provide
sufficient information with this application to allow the above evaluation to be made.
Requirements for Submittals
The applicant design professional shall prepare a Written Report that describes the alternate proposal along with the
applicable data listed below:
• State specific code provisions for which alternative is requested and why request is being submitted.
• Describe by code section those provisions for which alternative is desired.
• Compare the proposed alternative versus the code requirements in terms of structural strength, suitability,
effectiveness, fire resistance, safety and health impacts affecting the building or user of the building.
• Demonstrate that the proposed alternative is compatible with balance of code requirements.
• When applicable, specify how authoritative consensus document(s) are used to substantiate proposal.
(Reference draft ICC Building Performance Code Commentary Section 1.4.2.3 for background information).
• Provide assumptions, references, and documentation of evaluation methods utilized. This includes intended
use, input data, anticipated outputs, and limitations of computer models and other analytical tools or methods.
• Specify when and where special inspection and testing are required and the standards of acceptance for
demonstrating compliance. Show how the proposed alternate, if accepted, will be identified on the job site.
• Where land use restrictions and building setbacks are required, deed restrictions may be an appropriate method
to ensure continued compliance.
• State how and where alternate proposal is incorporated within construction plans and prepare plan amendments
as necessary. The design professional has the responsibility to coordinate all construction documents and
ensure compatibility between documents.
• The report and design documents shall be dated, signed and stamped by the design professional according to
the plan submittal procedure.
• For alternate methods of design requests, the applicant shall set performance criteria for his design.
Performance criteria shall be reviewed, amended and approved by the Building or Fire Code Official prior to
start of design.
Alternative Design Review/Verification
The Chief Building Official or Fire Code Official has the responsibility to review design submittals for compliance to
the adopted codes and procedures. If the Building or Fire Code Official does not have the expertise on staff to
make a thorough and competent review, the Building or Fire Code Official shall select a consultant that possesses
the necessary qualifications to perform a third -party or peer review. Cost of peer review shall be paid by applicant to
the Building Division prior to commencing the review.
• Verify that all applicable information and justifications listed above as requirements for submittals is received and
verify that evaluation and design methods used by designer are appropriate to the alternative proposed.
• Verify products are being used in accordance with their listing conditions as required by recognized listing
agencies. If not available, require documentation and/or testing to demonstrate compliance with intent of code
and intended use.
• Evaluate performance of material and possible flaws that could affect performance of material in its installed
state.
• The reviewer shall document that the submittal has been reviewed and accepted as meeting the alternative
materials, design and methods of construction provisions of the code. If the Building or Fire Code Official is not
satisfied that the applicant has met the conditions, the request should be denied in writing with the applicable
reason(s).
Inspection/Field Verification
The alternate proposal as approved in the construction documents must be verified by inspection, and, where
necessary, testing as follows:
• To verify that alternate materials, systems and fabricated products comply with accepted design criteria and the
manufacturer's and engineer's installation procedures, inspectors should check product labeling, certification,
quality assurance processes, and testing, as applicable.
• When appropriate, an approved third party quality assurance inspection and testing service may be required for
continuous and complex inspection and testing activities. This is intended to verify that construction complies
with the code and the approved plans.
Appeal from the determination or action of the Chief Building Official or Fire Code Official or their designated agent
may be made to the Building and Fire Board of Appeals. To appeal, the applicant must provide special individual
reasons that make compliance with the strict letter of the Code impractical. Appeals or ratifications pertaining to
State Disabled Access Standards require complete evidence to substantiate that the proposed design is equivalent
to that prescribed by that standards or that due to legal or physical constraints, compliance with the standards or
providing equivalency would create an unreasonable hardship.
Appeals must be submitted on the Appeal Form available at Permit Counter accompanied by the proper fee. You
will be notified in writing of the appeal hearing's time and date.
Thai, Tonee
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Good Morning Tonee,
That is correct.
Thank You,
Eric C Wang <Eric.C.Wang@sce.com>
September 26, 2023 4:43 AM
Thai, Tonee
RE: (External):RE: (External):1531 Kathleen Lane - Undergrounding (PC2022-2535 and
Combo Permit XR2022-2695)
Follow up
Flagged
Eric C Wang
Planning Manager
Huntington Beach/Catalina District
7333 Bolsa Ave, Westminster, CA 92683
714-895-0306
From: Thai, Tonee <tthai@newportbeachca.gov>
Sent: Monday, September 25, 2023 2:49 PM
To: Eric C Wang <Eric.C.Wang@sce.com>
Subject: (External):RE: (External):1531 Kathleen Lane - Undergrounding (PC2022-2535 and Combo Permit XR2022-2695)
Hi Eric,
Thank you for your prompt response.
Effectively, this property owner cannot convert his overhead to underground without his neighbor's consent to give SCE
and undergrounding easement. Is this correct?
I need to make a finding that it is beyond the property's owner control to grant them a waiver.
Regards,
Tonee Thai, PE, CBO, CASp
Deputy Community
Development Director / Chief
Building Official
Community Development
Department
Office: 949-718-1867
100 Civic Center Drive
Newport Beach, CA 92660
From: Eric C Wang <Eric.C.Wang@sce.com>
Sent: September 21, 2023 2:26 PM
To: Thai, Tonee <tthai@newportbeachca.gov>
Subject: RE: (External):1531 Kathleen Lane - Undergrounding (PC2022-2535 and Combo Permit XR2022-2695)
Hi Tonee,
I'm familiar with this project. The easement SCE has is an overhead easement and does not cover underground
structures/ducts. A separate underground easement would need to be obtained and this customer is unable to secure
from his neighbor.
Best Regards,
Eric C Wang
Planning Manager
Huntington Beach/Catalina District
7333 Bolsa Ave, Westminster, CA 92683
714-895-0306
From: Thai, Tonee <tthai@newportbeachca.gov>
Sent: Thursday, September 21, 2023 2:23 PM
To: Eric C Wang <Eric.C.Wang@sce.com>
Subject: (External):1531 Kathleen Lane - Undergrounding (PC2022-2535 and Combo Permit XR2022-2695)
Importance: High
Hi Eric,
I hope all is going well with you.
I have a situation where I hope you can help me address.
Newport Beach requires underground utilities service connection for new construction per our municipal code
screenshot below.
This particular address have an overhead pole located in his neighbor's property that serves his house.
The subject property owner claimed that he cannot do it because his neighbor refuses to give SCE an underground
easement.
My question is what is SCE's process to convert overhead to underground for property when the power pole is located
on another property? I thought an SCE easement already exist since there is an existing overhead power lines.
Thank you for your time.
Regards,
15.32.015 Underground Utilities Service Connection.
A. The Building Official shall, as a condition of the issuance of an electric
underground, when:
1. The property is to be developed with a new or replacement build!
2. An addition to an existing building exceeds fifty (50) percent of th
B. The owner or developer of the property is responsible for complying �A
subject to the applicable rules, regulations and tariffs, as approved by the I
C. Exceptions. For purposes of this section, appurtenances and associal
ducts in an underground system, may be placed above ground.
D. Waiver, Modification or Delay. If it is determined that practical difficulti,
literal interpretation of this section, the Building Official may waive, modify
owner,
3
14
I.
0;
i
lop
Tonee Thai, PE, CBO, CASp
Deputy Community
Development Director / Chief
Building Official
Community Development
Department
Office: 949-718-1867
100 Civic Center Drive
Newport Beach, CA 92660