HomeMy WebLinkAbout05_Mendes Residence CDP_PA2023-0025CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 14, 2023
Agenda Item No. 5
SUBJECT: Mendes Residence (PA2023-0025)
▪Coastal Development Permit
SITE LOCATION: 208 Via Lido Nord
APPLICANT: Olson Architects
OWNER: Vivien Vander Poel Mendes Family Trust
PLANNER: Oscar Orozco, Assistant Planner
949-644-3219 or oorozco@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-C (Single Unit Residential Detached) – (10.0
–19.9 DU/AC)
•Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing single-unit dwelling and construction of a new, 2,503-square-foot, two-story single-
unit dwelling and an attached 422-square-foot two-car garage. The project includes
reinforcement and raising of the existing bulkhead. The project also includes landscaping,
hardscaping, and site walls. The project complies with all applicable development standards
and no deviations are requested. All improvements authorized by this CDP will be located
on private property.
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
3)Adopt Draft Zoning Administrator Resolution No. _ approving the Coastal
Development Permit filed as PA2023-0025 (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 is consistent with the City’s Coastal Land Use Plan,
General Plan, and Zoning Code. A CDP is required, and the property is not eligible
for a waiver for de minimis development because the property is in the Coastal
Commission Appeal Area.
• The property currently consists of one legal lot developed with a single-unit dwelling.
The neighborhood is predominantly developed with two-story, single-unit
dwellings. The proposed design, bulk, and scale of the development are consistent
with the existing neighborhood pattern of development, and the expected future
development is consistent with applicable development standards.
• The proposed single-unit 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 Standards1
Development Standard Standard Proposed
Setbacks (min.)
Front (water) 10 feet 10 feet
Second Front (Via Lido
Nord)
4 feet 4 feet
Side 3 feet 3 feet
Allowable Floor Area (max.) 3,648 square feet 2,925 square feet
Open Volume Area (min.) 273 square feet 278 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24 feet to highest guardrail
24.15 to highest ridge
Hazards
• The development fronts the Newport Bay and is a private bay front parcel. The
project site is protected by an existing bulkhead. A Coastal Hazards Report and
bulkhead conditions report was prepared by PMA Consulting, INC. on January 24,
2023. The report concludes that the highest high tide elevation (currently 7.70 feet
1 The proposed structure does not include a third story and, therefore, the third-floor development
standards are not included in the development standard overview.
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North American Vertical Datum of 1988 [NAVD 88]) will not exceed 10.8 feet
(NAVD 88) using the low-risk aversion projected sea level rise (3.10-foot increase)
over the 75-year design life of the structure based on estimates for sea level rise
provided by the State of California Sea-Level Rise Guidance 2018. The report
states that the estimated sea level rise over the next 75 years, using the Medium-
High Risk Aversion, is potentially 6.7 feet (14.4 feet NAVD 88). The finish floor
elevation of the proposed dwelling is 11.50 feet (NAVD 88). The report concluded
that the bulkhead should be repaired and 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 enclosed
drawings, no repair or replacement of the bulkhead is anticipated within the next 75
years.
• As conditioned pursuant to Newport Beach Municipal Code (NBMC) Section
21.30.030(C)(3)(i)(iv) - (Bulkheads for nonresidential and residential waterfront
development), 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) – (Waterfront Development, Development Standards). Both
requirements are included as conditions of approval that will need to be satisfied prior
to the issuance of building permits for construction. In addition, the project has been
conditioned so that any improvements located on tidelands, submerged lands,
and/or lands that may be subject to the public trust shall require a coastal
development permit (CDP) approved by the California Coastal Commission
(Coastal Commission).
• 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 the CBC prior to building
permit issuance.
Water Quality
• The property is located adjacent to coastal waters. Under Section 21.35.030
(Construction Pollution Prevention Plan) of the Municipal Code, a Construction
Pollution Prevention Plan (CPPP) is required to implement temporary Best
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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.
• 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.
• Pursuant to 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 Water Quality and
Hydrology Plan (WQHP) is required. The WQHP has been reviewed and approved
by the City’s Engineer Geologist. The WQHP includes a polluted runoff and
hydrologic site characterization, a sizing standard for best management practices
(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 WQHP prior to building permit issuance.
Public Access and Views
• The project site is located between the nearest public road and the sea or shoreline;
however, the project will not affect the public’s ability to gain access to, use, and/or
view the coast and nearby recreational facilities. Informal (i.e., not designated by the
Coastal Land Use Plan) vertical access to the bay front is available approximately
100 feet west of the site where there is a small public beach with access to the water.
• The closest public viewpoint is located at the bridge to Lido Island approximately
900 feet away. The proposed residence is not located near coastal view roads, as
designated in the Coastal Land Use Plan. Due to the distance of the proposed
development from the public viewpoint and the project’s compliance with height,
setbacks, the project will not impact coastal views. The project may be located
within the viewshed of other distant public viewing areas. Site evaluation revealed
that the proposed two-story design is consistent with the existing neighborhood
pattern of development and will not affect the existing views afforded from the bridge
at Lido Island. The project will replace an existing single-family residence with a new
single-family residence that complies with all applicable Local Coastal Program
(LCP) development standards and maintains a building envelope consistent with the
existing neighborhood pattern of development. Therefore, the project does not have
the potential to degrade the visual quality of the Coastal Zone or result in significant
adverse impacts to public views.
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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. The Class 3 exemption
includes the construction of limited numbers of new, small structures, including one single-
family residence. The proposed project is a new single-family residence located in the R-1
Coastal Zoning District. There are no known exceptions listed in CEQA Guidelines Section
15300.2 that would invalidate the use of these exemptions.
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 by the provisions of Title 21 (Local Coastal Program [LCP]
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:
CC/oo
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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01-10-2023
RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING A COASTAL
DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-
UNIT DWELLING AND CONSTRUCT A NEW TWO-STORY
SINGLE-UNIT DWELLING AND ATTACHED TWO-CAR GARAGE
LOCATED AT 208 VIA LIDO NORD (PA2023-0025)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Olson Architects, concerning property located at 208 Via Lido
Nord and legally described as lot 858 of Tract No. 907 requesting approval of a coastal
development permit.
2. The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing single-unit dwelling and construction of a new, 2,503-square-foot, two-story single-
unit dwelling and an attached 422-square-foot two-car garage. The project includes
reinforcement and raising of the existing bulkhead. The project also includes landscaping,
hardscaping, and site walls. The project complies with all applicable development
standards and no deviations are requested.
3. The subject property is designated Single Unit Residential Detached (RS-D) by the
General Plan Land Use Element and is located within the Single-Unit Residential (R-1)
Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single Unit Residential Detached (RSD-C) (10.0 – 19.9 DU/AC) and it is located
within the Single-Unit Residential (R-1) Coastal Zoning District.
5. A public hearing was held on December 14, 2023, online via Zoom. A notice of the time,
place, and purpose of the hearing was given by 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, Division 6, 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, construction, or conversion of up to three single-family
residences in urbanized areas. The proposed project consists of the demolition of an
existing single-unit dwelling and construction of a new 2,503-square-foot, two-story single-
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unit dwelling and an attached 422-square-foot two-car garage. The project also includes
reinforcement and raising of the existing bulkhead.
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.
By Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NMBC,
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 3,648 square feet and the proposed floor area
is 2,925 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the front property line abutting the Newport Bay, 3 feet along each side
property line and 4 feet along the property line abutting Via Lido Nord.
c. The highest guardrail is 24 feet from established grade 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 two vehicles, complying with the
minimum two-car garage parking requirement for single-unit dwellings with less
than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two story, single-unit dwellings. The
proposed design, bulk, and scale of the development are consistent with the existing
neighborhood pattern of development.
3. A Coastal Hazards Report and bulkhead conditions report was prepared by PMA
Consulting, INC. on January 24, 2023. The report concludes that the highest high tide
elevation (currently 7.70 feet North American Vertical Datum of 1988 [NAVD 88]) will not
exceed 10.8 feet (NAVD 88) using the low-risk aversion projected sea level rise (3.10-
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foot increase) over the 75-year design life of the structure based on estimates for sea
level rise provided by the State of California Sea-Level Rise Guidance 2018. The report
states that the estimated sea level rise over the next 75 years, using the Medium-High
Risk Aversion, is potentially 6.7 feet (14.4 feet NAVD 88). The finish floor elevation of
the proposed dwelling is 11.50 feet (NAVD 88). The report concluded that the bulkhead
should be repaired and 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 enclosed drawings, no repair or replacement
of the bulkhead is anticipated within the next 75 years.
4. The finished floor elevation of the proposed single-unit dwelling is 11.50 feet (NAVD 88),
which complies with the minimum 9.00-foot (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 that will need
to be satisfied prior to the issuance of building permits for construction.
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 before 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 before building permit issuance.
7. 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 and minor rain event run-off on-site. Any water not retained
on-site is directed to the City’s storm drain system.
8. Pursuant to 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 Water Quality and Hydrology Plan
(WQHP) is required. A WQHP prepared by Core Civil Engineering, Inc., dated November
15, 2017, has been reviewed and approved by the City’s Engineer Geologist the WQHP
includes a polluted runoff and hydrologic site characterization, a sizing standard for best
management practices (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.
9. The property is located adjacent to coastal waters. Under Section 21.35.030 (Construction
Pollution Prevention Plan) of the Municipal Code, a Construction Pollution Prevention Plan
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(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.
10. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant
species. Before the 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.
Fact in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline;
however, the project will not affect the public’s ability to gain access to, use, and/or view
the coast and nearby recreational facilities. Informal (i.e., not designated by the Coastal
Land Use Plan) vertical access to the bay front is available approximately 100 feet west of
the site where there is a small public beach with access to the water.
2. The closest public viewpoint is located at the bridge to Lido Island approximately 900
feet away. The proposed residence is not located near coastal view roads, as
designated in the Coastal Land Use Plan. Due to the distance of the proposed
development from the public viewpoint and the project’s compliance with height,
setbacks, the project will not impact coastal views. The project may be located within the
viewshed of other distant public viewing areas. Site evaluation revealed that the proposed
two-story design is consistent with the existing neighborhood pattern of development and
will not affect the existing views afforded from the bridge at Lido Island. The project will
replace an existing single-family residence with a new single-family residence that
complies with all applicable Local Coastal Program (LCP) development standards and
maintains a building envelope consistent with the existing neighborhood pattern of
development. Therefore, the project does not have the potential to degrade the visual
quality of the Coastal Zone or result in significant adverse impacts to public views.
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 under 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.
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2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit (PA2023-0025), subject to the conditions outlined 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 by the provisions of Title 21 Local Coastal Program
(LCP) 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 14TH DAY OF DECEMBER, 2023.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
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 the final building permits, 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.
3. Prior to the final building permits, 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 the City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
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 the City’s approval
of the development. This letter shall be scanned into the plan set before building permit
issuance.
4. This approval does not authorize any new or existing improvements (including
landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches,
or the public right-of-way. Any improvements located on tidelands, submerged lands,
and/or lands that may be subject to the public trust shall require a coastal development
permit (CDP) approved by the California Coastal Commission (Coastal Commission).
Before the issuance of building permits, the applicant shall provide a copy of said coastal
development permit or CDP waiver or documentation from the Coastal Commission that
subject improvements are not subject to the permit requirements of the Coastal Act
and/or not located within the permit jurisdiction of the Coastal Commission.
5. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter the sensitive habitat, receiving waters, or storm
drains 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.
6. This Coastal Development Permit does not authorize any development seaward of the
private property.
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7. 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 under 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.
8. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented before and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
9. 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.
10. 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.
11. Trash and debris shall be disposed of in proper trash and recycling receptacles at the
end of each construction day. Solid waste, including excess concrete, shall be disposed
of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
12. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
13. 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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14. The applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused by the revocation of this
Coastal Development Permit.
15. 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 are detrimental to the public health, and welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained to constitute a public nuisance.
16. Prior to issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
17. Prior to issuance of building permits, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to review and approval by the Building Division.
18. Prior to issuance of building permits, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
19. Prior to 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.
20. All landscape materials and irrigation systems shall be maintained by 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.
21. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) 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.
22. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control) and other applicable noise control requirements of the
Newport Beach Municipal Code. The maximum noise shall be limited to no more than
depicted below for the specified periods unless the ambient noise level is higher:
Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
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01-10-2023
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
23. Before the issuance of the building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
24. 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.
25. This Coastal Development Permit 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.
26. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any 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 Mendes Residence including but not limited to,
Coastal Development Permit (PA2023-0025). This indemnification shall include, but not
be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and
other expenses incurred in connection with such claim, action, causes of action, suit, or
proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys'
fees, and damages, which the City incurs in enforcing the indemnification provisions
outlined in this condition. The applicant shall pay to the City upon demand any amount
owed to the City under the indemnification requirements prescribed in this condition.
Public Works Department
27. Prior to building permit final, the applicant shall install a new sewer cleanout on the
existing sewer lateral per City Standard 406.
15
Attachment No. ZA 2
Vicinity Map
16
VICINITY MAP
Coastal Development Permit
PA2023-0025
208 Via Lido Nord
Subject Property
Subject Property
17
Attachment No. ZA 3
Project Plans
18
kitchen
elev
pantry
great room
stair
powder
garage
up
stor
open above
dining room hallup
10'-0"
FRONT SETBACK
3'-
0
"
SID
E
SET
B
A
C
K
3'-0
"
SID
E
SE
T
B
A
C
K
4'-0"FRONTSETBACK
S6
1
°
0
0
'
0
0
"
E
3
0
.
0
'
ne
w
p
o
r
t
b
a
y
N29°00'00"E 90.0'
N29°00'00"E 90.0'
S6
1
°
0
0
'
0
0
"
E
3
0
.
0
'
via
l
i
d
o
n
o
r
d
(9.28FS)
(9.2
F
S
)
(12.64FS)(12.17FS)(12.01FS)
(11
.
0
4
F
S
)
(11.06FS)
(11.
5
4
F
F
)
(29.63)TOR
(11.
0
F
S
)
(13.27TW)
(10.86FS)
(10.85FS)
(13
.
0
6
T
W
)
(10
.
8
5
F
S
)
(7.35TW)
(7.3TW
)
(7.31TW)
(7.3
T
W
)
(15.2
7
T
W
)
(11.28FS)(11.79FS)(12.18FS)
(11.39FS)(12.17FS)
(11.2
F
S
)
(11.3
F
S
)
(11.6FS)
(12.3
4
F
S
)
(12.3
7
F
S
)
(12
.
9
2
F
F
)
(12.11GF)
(12.
1
F
S
)
(12.
1
F
S
)
(1
2
.
0
6
F
S
)
(11.63FS)(12.23FS)(12.09FS)(17.62T
W)
(17.
6
4
T
W
)
(18.04TW
)(11.
9
6
T
C
)
(11.9
2T
(11.49FL)3" OUTLET
(11.94TC)(11.50FL)
(11.
9
0
F
S
)
(11.9F
(34.05)RIDGE
((1
4'-0"
P.U.E.
WM
3'-1
1
/
2
"
7'-
0
"
1'-0"
19'
-
3
1
/
2
"
20'-4 1/2"
3'-
1
1
/
4
"
3'-0
"
3'-0
"
3'-0"
kitchen
elev
pantry
great room
stair
powder
garage
up
stor
open above
dining room hallup
℄
(36.
0
6
)TOR
10'-0"
FRONT SETBACK
3'-0
"
SID
E
SET
B
A
C
K
3'-0
"
SID
E
SE
T
B
A
C
K
4'-0"FRONTSETBACK
S6
1
°
0
0
'
0
0
"
E
3
0
.
0
'
ne
w
p
o
r
t
b
a
y
N29°00'00"E 90.0'
N29°00'00"E 90.0'
S6
1
°
0
0
'
0
0
"
E
3
0
.
0
'
via
l
i
d
o
n
o
r
d
(9.2
8
F
S
)
(9.
2
F
S
)
(12.64FS)(12.17FS)(12.01FS)
(11
.
0
4
F
S
)
(11.06FS)
(11.
5
4
F
F
)
(29.63)TOR
(11.0FS)(13.27TW)
(10.
8
6
F
S
)
(10
.
8
5
F
S
)
(13
.
0
6
T
W
)
(10.85FS)
(7.35TW)
(7.3TW
)
(7.31TW)
(7.3TW)(15.2
7
T
W
)
(11.28FS)(11.79FS)(12.18FS)
(11.39FS)(12.17FS)
(11.2
F
S
)
(11.3
F
S
)
(11.6FS)
(12
.
3
4
F
S
)
(12
.
3
7
F
S
)
(12.92
F
F
)
(12.
1
1
G
F
)
(12.1FS)(12.1FS)
(1
2
.
0
6
F
S
)
(11.63FS)(12.23FS)(12.09FS)(17.62
TW
(17.64TW)
(18.04TW
)(11.96TC)
(11.92
(11.49FL)3" OUTLET
(11.94TC)(11.50FL)
(11.
9
0
F
S
)
(11
(34.05)RIDGE
4'-0"
P.U.E.
WM
expansionjoint
expansionjoint
2.5"
8"
1 1/2"
1 1/2"
75'-9 1/2"
23'-
9
"
75'-9 1/2"
19'-
1
0
1
/
2
"
1'-8
"
7 1/2"
16'
-
6
1
/
2
"
1'-8
"
17'-0"31'-8 1/2"3'-0"10'-8"13'-5"
2'-5
1
/
2
"
1'-3"
18'
-
1
0
"
2'-5
1
/
2
"
11'-10 1/2"12'-2 1/2"4'-10 1/2"
5'-3
"5'-3"
13'-8"4'-7"
1'-0
"
1'-7
"
21'-2"
4'-1
1
1
/
2
"
9'-8
"
9'-8
1
/
2
"
6"
2'-2"
1'-0"
7'-2"
2'-2"
1'-3
1
/
2
"
7 1/2"
F.F. = 11.50
1'-
3
1
/
2
"
T.O.C. = 12.60
T.O.C. = 12.60
6"
6"
1 1/
2
"
12"
7'-5"
135°135°
90°
1'-0
"
6"6"
12"
F.S. = 12.00F.S. = 12.38
F.S. = 12.60
12"
F.S. = 12.58
10'-0"
FRONT SETBACK
3'-0
"
SID
E
SE
T
B
A
C
K
3'-0
"
SID
E
SET
B
A
C
K
4'-0"
FRONTSETBACK
S6
1
°
0
0
'
0
0
"
E
3
0
.
0
'
ne
w
p
o
r
t
b
a
y
N29°00'00"E 90.0'
N29°00'00"E 90.0'
S6
1
°
0
0
'
0
0
"
E
3
0
.
0
'
via
l
i
d
o
n
o
r
d
(9.28FS)
(9.2FS)
(12.64FS)(12.17FS)(12.01FS)
(11
.
0
4
F
S
)
(11.06FS)
(11.
5
4
F
F
)
(29.63)TOR
(11.
0
F
S
)
(13.27TW)
(10.86FS)
(10.85FS)
(13
.
0
6
T
W
)
(10.85FS)
(7.35TW)
(7.
3
T
W
)
(7.
3
1
T
W
)
(7.3
T
W
)
(15.2
7
T
W
)
(11.28FS)(11.79FS)(12.18FS)
(11.39FS)(12.17FS)
(11
.
2
F
S
)
(11
.
3
F
S
)
(11.6FS)
(12
.
3
4
F
S
)
(12
.
3
7
F
S
)
(12
.
9
2
F
F
)
(12.11GF)
(12.
1
F
S
)
(12.1FS)
(12
.
0
6
F
S
)
(11.63FS)(12.23FS)(12.09FS)(17.62T
W)
(17.
6
4
T
W
)
(18.04TW
)(11.96TC)
(11.
9
2T
(11.49FL)3" OUTLET
(11.94TC)(11.50FL)
(11.90FS)
(11.9F
(34.05)RIDGE
4'-0"P.U.E.
WM
roof
deck
dn
ice ref
a/c
a/c
mech
mech
RAK
E
RAK
E
RIDGE RIDGE
RIDGE
RIDGE
VAL
L
E
Y
VAL
L
E
Y
VAL
L
E
Y
3:12SLOPE
3:12SLOPE
3:12SLOPE
3:12SLOPE
3:12SLOPE3:12SLOPE
3:12SLOPE
3:12SLOPE
3:12SLOPE
3:12SLOPE
1'-
0
"
10
1
/
2
"
1'-0"1'-0"
1'-0
"
2'-0
"
4'-1"
1'-0
"
1'-0"
10
1
/
2
"
~3:12SLOPE~3:12SLOPE
HIP
HIP
HIP
HIP
2'-1
1
/
2
"
3'-5
"
2'-1
1
/
2
"
3'-1 1/2"
3'-1 1/2"
HIP
HIP HIP
HIP
3:12SLOPE
T.RIDGE = 35.70
23'-9" ABOVE E.G.24'-2" ABOVE E.G.T.O. RAIL = 35.54
T.RIDGE = 35.5924'-1/2" A.E.G.
2'-1
1
/
2
"
DESCRIPTIONISSUE DATE
4
7
0
w
a
l
d
irv
i
n
e
,
c
a
9
2
6
1
8
(94
9
)
4
5
0
.
0
0
9
3
inf
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a
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c
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c
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JOB NO.
IN-HOUSE DROA
2110
PLAN CHECK : PC2023, 1195
PLOT DATE 10/5/23
me
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ALL DRAWINGS, DESIGNS AND WRITTEN MATERIALAPPEARING HEREIN CONSTITUTE THE ORIGINAL ANDUNPUBLISHED WORK OF DAVID R OLSON ARCHITECTSAND THE SAME SHALL NOT BE DUPLICATED, USED,OR ASSIGNED TO ANY THIRD PARTY WITHOUT THEWRITTEN CONSENT OF DAVID R. OLSON ARCHITECTS.
01/29/23CDP SUB
4/17/23CDP SUB 2 / CITY SUB 11
7/7/23CITY SUB 22
10/5/23CITY SUB 33
A1.1
site, slab edge &roof plans
L
K
J
H
G
F
E
D
C
B
A
site plan general notes
REFER TO CIVIL ENGINEERING PLANS FOR EXACT BUILDING LOCATIONS, GRADING,DRAINAGE, FLOWLINES, GUTTERS, CURBS, ETC.
REFER TO LANDSCAPE PLANS FOR LANDSCAPE, SITE IRRIGATION, HARDSCAPE WALLS,GATES, POOL AND FOUNTAIN FEATURES, EXTERIOR SCULPTURE PEDESTALS, EXTERIOREQUIPMENT LOCATIONS (CONDENSING UNITS, ETC.), SITE LIGHTING, ETC. NOT A PART
REFER TO CIVIL ENGINEERING PLANS FOR EXISTING UTILITY LOCATIONS, FIELD VERIFY
REFER TO UTILITY PLAN FOR HOSE BIBBS/BBQ GAS STUB OUTS
METER LOCATIONS ARE APPROXIMATE; DESIGN BUILD SUBCONTRACTOR TO FIELD VERIFYEXACT LOCATION AND TO RECEIVE APPROVAL FROM THE APPROPRIATE UTILITY COMPANYIN REGARD TO LOCATIONS (CONDENSING UNITS, ETC.), SITE LIGHTING, ETC.
FRONT PROPERTY CORNERS TO BE LOCATED PRIOR TO CONSTRUCTION.
POOLS, SPAS, WALLS, FENCES, PATIO COVERS AND OTHER FREESTANDING STRUCTURESREQUIRE SEPARATE REVIEWS AND PERMITS.
ELECTRICAL SERVICE TO BE UNDERGROUND IF SERVICE IS RELOCATED OR A NEWSERVICE IS INSTALLED.
GRADING INSPECTOR IS TO BE CONTACTED TO SCHEDULE A SITE PRE-CONSTRUCTIONMEETING 48 HRS PRIOR TO START OF GRADING OR CONSTRUCTION.
ELECTRIC COMPANY APPROVAL IS REQUIRED FOR METER LOCATION PRIOR TOINSTALLATION.
FIELD INSPECTORS TO REVIEW AND APPROVE UNDERGROUND SERVICE REQUIREMENTPRIOR TO CONCRETE PLACEMENT.
EXISTING PROPERTY LINE
IN-WALL DRAIN - TIE TO CIVIL SYSTEM
AQUALINE PERMEABLE PAVERS WALKWAY/DRIVEWAY. SLOPE TO DRAIN PER CIVIL
PEDESTAL DECK OVER PERMEABLE PAVERS
EXISTING PUBLIC SIDEWALK AND CURB
PROPERTY LINE FENCE / WALL PER CIVIL DRAWINGS. MAXIMUM HEIGHT NOT TO EXCEED 6'ABOVE EXISTING SURFACE. ENTIRE FENCE/WALL TO BE ON THIS PROJECT'S PROPERTY
DASHED LINES INDICATE BUILDING SETBACK LINE TO FACE OF FINISH
NEW 42" GLASS GUARDRAIL PER DETAIL 20/D1.3
MAINTAIN 3 FOOT ACCESS ON SIDEYARD
GAS METER LOCATION
MECHANICAL EQUIPMENT LOCATION PER CIVIL
ELECTRICAL METER LOCATION - VERIFY WITH CIVIL
SEWER LATERAL LOCATION - VERIFY WITH CIVIL
UTILITIES AS NOTED - VERIFY WITH CIVIL
AUTOMATICALLY ILLUMINATED BUILDING ADDRESS NUMBERS
EXISTING SEAWALL - REPAIR AND MODIFICATION UNDER SEPARATE PERMIT.
S17 NEW IRON GATE PER LANDSCAPE DRAWINGS
site plan keynotes
S16
S15
S14
S13
S12
S11
S10
S9
S8
S7
S6
S5
S4
S3
S2
S1
S18 BOTTOMLESS TRENCH DRAIN PER CIVIL
S19 EXISTING WALL WITH NEIGHBORING PROPERTY TO REMAIN
S20 AUTOMATIC SECTIONAL GARAGE DOOR PER SCHEDULE
S21 LANDSCAPING PER LANDSCAPE DRAWINGS
S22 NEW CONDENSING UNIT
S23 TRASH AREA
S24 METER LOCATIONS
S25 LINE OF FLOOR ABOVE
S26 HARDSCAPE PER LANDSCAPE DWGS, SLOPE TO DRAIN PER CIVIL
S27 DOWNSPOUT-TIE TO CIVIL SYSTEM
S28 MAXIMUM SETBACK ENCROACH AT CHIMNEY TO BE 12" (24" FROM P.L)
M A CAL-OSHA PERMIT IS REQUIRED FOR EXCAVATIONS DEEPER THAN 5' AND FOR SHORINGAND UNDERPINNING."
N POOLS, SPAS, FENCES, PATIO COVERS, AND OTHER FREESTANDING STRUCTURESREQUIRE SEPARATE REVIEWS AND PERMITS.
O FENCES, HEDGES, WALLS, RETAINING WALLS, GUARDRAILS AND HANDRAILS OR ANYCOMBINATION THEREOF SHALL NOT EXCEED 42" FROM EXISTING GRADE PRIOR TOCONSTRUCTION WITHIN THE REQUIRED SETBACK AREA(S).
site plan
1/4"=1'-0"
A
first floor / garage slab edge plan B
1/4"=1'-0"
roof plan keynotes
CONNECT ROOF DRAINS TO SUB-GRADE DRAINAGE SYSTEM; VERIFY WITH CIVIL ENGINEER ORLANDSCAPE ARCHITECT. WHERE ROOF DRAINS ARE REQUIRED, OVERFLOW DRAINS HAVINGTHE SAME SIZE AS THE ROOF, SHALL BE INSTALLED WITH THE INLET FLOOR LINE LOCATED 2"ABOVE THE LOW POINT OF THE ROOF. OVERFLOW DRAINS SHALL BE INDEPENDENT OF ROOFDRAINS, ALL ROOF DRAINS SHALL BE EQUIPPED WITH STRAINERS EXTENDING NOT LESS THAN4" ABOVE THE IMMEDIATE SURFACE.
GANG ALL VENT STACKS WHEREVER POSSIBLE AND WHERE ALLOWED BY CODE TO MINIMIZEROOF PENETRATIONS, LOCATE IN AN ORDERLY MANNER AND IN AN AREA SO AS NOT TO BESEEN FROM ANY GRADE LEVEL SURROUNDING AREAS, PRIME AND PAINT TO MATCH GRAVELBALLAST.
ICC NUMBER FOR BRISTOLITE SKYLIGHTS: ESR-3177
ALL B.U.R. AREAS TO SLOPE AT 1/4" PER FOOT MINIMUM
PROVIDE ATTIC DRAFT STOP AT 3000 S.F. MAXIMUM
ATTIC VENTILATION OPENINGS SHALL BE COVERED WITH CORROSION-RESISTANT METAL MESHWITH MESH OPENINGS OF 1/4" IN DIMENSION.
DETAILS FOR VENT PIPE FLASHING 12/D1.2
WATERPROOF DECK BY DEX-O-TEK WEATHERWEAR OR BETTER, SLOPE TO THROUGH WALLOVER FLOW SCUPPER AND DECK DRAIN WITH IN WALL DRAIN LINE TIED TO CIVIL. ICC-ESESR-1757
42" HIGH TEMPERED GLASS GUARDRAIL
LINE OF WALL BELOW
3" DRAIN-ROUTE TO CIVIL SYSTEM
ROOF DECK BELOW
DASHED LINES INDICATE PVE SOLAR ARRAY. SOLAR PV WITH MINIMUM 2.88 kW DC MUST BEOBTAINED UNDER SEPARATE REVIEW AND PERMIT
NOT USED
ASPHALT ROOF SHINGLES, OVER TWO LAYERS 15 POUND FELT SHEATHING. ROOF ASSEMBLY ISA CLASS "A" ROOF ASSEMBLY PER ICC ESR-2119.ROOF ASSEMBLY IS 10LBS PER S.F. INSTALLED. SLOPE AS NOTED,
roof plan general notes
A
B
C
D
E
F
G
R11
R10
R9
R8
R7
R6
R5
R4
R3
R2
R1
R12
PROVIDE THROUGH WALL OVERFLOW SCUPPER
CALIFORNIA FRAMED ROOF AREA. MIN 3:12 SLOPE.
R13
VENT FOR GAS ONLY DIRECT VENT FIREPLACE. INSTALL PER MANUFACTURER'SREQUIREMENTS. NO ROOF CLEARANCE REQUIREMENTS. PER CMC802.8.2
ATTIC IS UNVENTED SPACE PER R806.5. SEE DETAILS ON D1.2H
NOT USED
CRICKET AS REQUIRED FOR POSITIVE DRAINAGE
roof plan C1/4"=1'-0"
S1
S1
S1
S1
R12
S3
S3
S4
S6
S6
S7
S7
S7
S7
S28
R1
R1
R1
R1
R1
R2
R4 R5
R5 R7 R8
R7R8
R7
R6
R2
R10 R11
R11
R11
R11
R1
R12
R14
6
D1.2
15
D1.2
15D1.3
1D1.2
1D1.2
5D1.2
5D1.2
4D1.2
4D1.2
3D1.2
16D1.2
slope per civil
1D1.3
2D1.3
R13
R13
slope per civil
2% SL
O
P
E
2%
S
L
O
P
E
2% SLOPE
2% S
L
O
P
E
2% SLOPE
2% SL
O
P
E
F.G.=11.43
T.R.=14.35
(E)T.W.=13.06
(E)T.W.=13.27
S8
(E)T.W.=13.27
(E)T.W.=13.06S9
S16
S5
S20
S21 S21S21
S21 S231
1
1
1
1
1
1
F.G.=10.85
T.W.=11.50
2
S26
S3
S3
S26 S26 S3S3
3
19
DESCRIPTIONISSUE DATE
4
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JOB NO.
IN-HOUSE DROA
2110
PLAN CHECK : PC2023, 1195
PLOT DATE 11/17/23
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ALL DRAWINGS, DESIGNS AND WRITTEN MATERIALAPPEARING HEREIN CONSTITUTE THE ORIGINAL ANDUNPUBLISHED WORK OF DAVID R OLSON ARCHITECTSAND THE SAME SHALL NOT BE DUPLICATED, USED,OR ASSIGNED TO ANY THIRD PARTY WITHOUT THEWRITTEN CONSENT OF DAVID R. OLSON ARCHITECTS.
01/29/23CDP SUB
4/17/23CDP SUB 2 / CITY SUB 11
7/7/23CITY SUB 22
10/5/23CITY SUB 33
11/17/23CITY SUB 44
T1.2
3d images
20