HomeMy WebLinkAbout05_Aflatoon Residence CDP_PA2024-0051CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 13, 2024
Agenda Item No. 5
SUBJECT: Aflatoon Residence (PA2024-0051)
Coastal Development Permit
SITE LOCATION: 434 Harbor Island Drive
APPLICANT: Steven Sennikoff, Sennikoff Architects
OWNER: Kamran Aflatoon
PLANNER: Daniel Kopshever, Assistant Planner
949-644-3235, dkopshever@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 coastal development permit (CDP) to allow the demolition of an existing 2,360-square
foot, one -story, single-unit dwelling with an attached 469-square-foot, two-car garage
and construction of a new 4,148-square-foot, two-story, single-unit dwelling and an
attached 337 square foot accessory dwelling unit (ADU) and an attached 613-square-
foot, three-car garage. The project includes raising the existing bulkhead as well as
landscape, hardscape, drainage, and accessory structures within the confines of the
property. The project includes raising the height of the existing bulkhead. The project
complies with all 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
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Zoning Administrator, June 13, 2024
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit filed as PA2024-0051 (Attachment No. ZA 1).
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 coastal development permit is required, and the
property is not eligible for a waiver for de minimis development because the property
is located in the Coastal Commission Appeal Area.
The property currently consists of one legal lot developed with a single-unit dwelling,
bulkhead, dock, and boat slip. The vicinity map provided as Attachment No. ZA 2,
shows the neighborhood is predominantly developed with two-story single-unit
dwellings with scattered one- and three-story single-unit dwellings. The proposed
design, bulk, and scale of the development is consistent with the existing
neighborhood pattern of development.
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 (Attachment No. ZA 3) and illustrated in
Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Street) 18 feet for front facing
garage / 6 feet for building
20 feet 11 inches (garage)
6 feet 3 inches (ADU)
2nd Front (Water) 10 feet 10 feet 5 inches
Sides 4 feet 4 feet 2 inches
Allowable Floor Area (max.) 8270 sq. feet 4485 sq. feet
Parking (min.) 3-car garage 3-car garage
Height (max.) 24 feet flat roof
29 feet sloped roof
23 feet and 7.5 inches (flat
roof)
Allowable 3rd Floor Area (max.) 620 square feet 0 (no third floor proposed)
Allowable 3rd Floor Area &
Covered (max.)
2,067 square feet 0 (no third floor proposed)
Open Space (min.) 620 square feet Design complies with the
minimum, exact square
footage to be verified during
plan check
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Hazards
The development fronts the Newport Harbor and is protected by a bulkhead. A
bulkhead conditions report was prepared by GeoSoils, Inc. dated February 1,
2024. The report concluded that the bulkhead is in good condition as the panels
are vertical with no signs of rotations, spalling, or cracking. The bulkhead has
tiebacks with deadman anchors. The GeoSoils, Inc. report asserts that with
maintenance, it is reasonable to assume that the bulkhead will last another 75
years.
A Coastal Hazards Report and Sea Level Rise Analysis was prepared by
GeoSoils, Inc. on February 1, 2024. The current maximum bay water elevation is
7.7 feet (NAVD88) and may exceed the existing top of bulkhead elevation of 9.0
feet during high tide or storm events. The report analyzes future sea level rise
scenarios assuming an increase in the maximum water level over the next 75 years
(i.e., the life of the structure) ranging from about 2 feet (likely) to 6 feet (very
unlikely). The sea level is estimated to reach approximately 9.7 to 13.7 feet
(NAVD88) - (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). Once the existing
bulkhead is raised to 10.9 feet per proposed plans, flooding, wave runup, and
erosion will not significantly impact this property over the proposed 75-year
economic life of the development.
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 bulkhead structure permitted within the
years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet
(NAVD88) with a design for adaptability elevation of 14.4 feet (NAVD 88). The
project proposes to raise the bulkhead to an elevation of 10.9 feet (NAVD 88).
GeoSoils, Inc. has confirmed the bulkhead design can be raised up to 14.4 feet
(NAVD88) if needed and in compliance with the updated guidelines.
The finished floor elevation of the proposed single-unit dwelling is at a minimum
elevation of 11.4 feet NAVD88, which complies with the minimum 9.0-foot NAVD88
elevation standard.
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.
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Aflatoon Residence (PA2024-0051)
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The property owner will 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 Newport Beach Municipal Code (NBMC) Section
21.30.015(D)(3)(c) – (Waterfront - Development Standards). The Acknowledgement
of Coastal Hazards is included as a condition of approval that will need to be recorded
prior to the issuance of building permits.
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 Management 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 Management
Plan (WQMP) is required. The preliminary WQMP was prepared by CivilScapes
Engineering, Inc. dated February 27, 2024.The WQMP includes a polluted runoff and
hydrologic site characterization, a sizing standard for BMPs, use of a 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. Implementation Plan Section 21.30A.040 – (Determination of Public
Access/Recreation Impacts) requires that the provision of public access bear a
reasonable relationship between the requirement and the project’s impact and be
proportional to the impact. In this case, the project includes the demolition of a
single-unit dwelling and the reconstruction of a single-unit dwelling with an
attached Accessory Dwelling Unit on an R-1 zoned lot. Up to one ADU and one
JADU are allowed by right on all R-1 lots. 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
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Aflatoon Residence (PA2024-0051)
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viewpoint is approximately 150 feet northeast of the property near the intersection of
Harbor Island Drive and Bayside Drive. Similarly, the nearest coastal view road
segment is located along Bayside Drive. These areas offer localized, limited views of
the harbor and several dwellings. Views are oriented to the bay and properties along
the southeast side of the street, where the row of residences includes the subject
property.
The proposed two-story design is consistent with the existing neighborhood pattern
of development containing primarily two-story dwellings and some scattered one-
story and three-story dwellings, and will not affect the existing, limited views afforded
from the small viewing areas. The project will replace an existing single-unit dwelling
with a new single-dwelling unit and attached Accessory Dwelling Unit that comply
with all applicable development standards. The project presents the opportunity to
enhance views by updating an older structure with a new building with an updated
design. Glass elements and masonry shown in proposed rear elevations indicate a
high-quality design. All structures within the front setback area along the bay would
be limited to 42 inches in height, ensuring that the bay does not appear to be walled
off. 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.
The nearest lateral access is located less than 150 feet north of the property near the
intersection of Harbor Island Drive and Bayside Drive. Harbor Island Drive does not
contain an outlet. Public access points with lateral access are also provided to the
south parallel to Beacon Bay, where there is a public beach along the Bay. The
project would not impact access along these routes.
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, Chapter 3, because it has no
potential to have a significant effect on the environment.
The Class 3 exempts the demolition and construction of up to three single-family residences
in urbanized areas. The proposed project consists of the demolition of an existing 2,360-
square foot, one-story, single-unit dwelling with an attached 469-square-foot, two-car
garage and construction of a new 4,148-square-foot, two-story, single-unit dwelling with an
attached 337 square foot accessory dwelling unit and an attached 613-square-foot, three-
car garage. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that
would invalidate the use of these exemption. The project location does not impact an
environmental resource of hazardous or critical concern, does not result in cumulative
impacts, does not have a significant effect on the environment due to unusual
circumstances, does not damage scenic resources within a state scenic highway, is not a
hazardous waste site, and is not identified as a historical resource.
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PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal 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:
LW/dk
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
7
RESOLUTION NO. ZA2024-###
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 THREE CAR
GARAGE LOCATED AT 434 HARBOR ISLAND DRIVE (PA2024-
0051)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Steven Sennikoff with Sennikoff Architects on behalf of the
owner Kamran Aflatoon with respect to property located at 434 Harbor Island Drive, and
legally described as Lot 43 of Tract 3867, requesting approval of a Coastal Development
Permit.
2. The Applicant requests a coastal development permit (CDP) to allow the demolition of an
existing 2,360-square foot, one-story, single-unit dwelling with an attached 469-square-
foot, two-car garage and construction of a new 4,148-square-foot, two-story, single-unit
dwelling and an attached 337 square foot accessory dwelling unit (ADU) and an attached
613-square-foot, three-car garage. The project includes landscape, hardscape, drainage,
and accessory structures all within the confines of the property. The project also includes
raising the height of the existing bulkhead. The project complies with all development
standards and no deviations are requested. All improvements authorized by this CDP will
be located on private property.
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 Zoning District.
5. A public hearing was held on June 13, 2024, online via Zoom. 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, Division 6, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
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Zoning Administrator Resolution No. ZA2024-###
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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 and construction of up to three single-family residences
in urbanized areas. The proposed project consists of the demolition of an existing 2,360-
square foot, one-story, single-unit dwelling with an attached 469-square-foot, two-car
garage and construction of a new 4,148-square-foot, two story, single-unit dwelling with
an attached 337 square foot accessory dwelling unit and an attached 613-square-foot,
three-car garage.
3. There are no known exceptions listed in CEQA Guidelines Section 15300.2 (Exceptions)
that would invalidate the use of these exemption. The project location does not impact
an environmental resource of hazardous or critical concern, does not result in
cumulative impacts, does not have a significant effect on the environment due to unusual
circumstances, does not damage scenic resources within a state scenic highway, is not
a hazardous waste site, and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and
Decision) of the Newport Beach Municipal Code (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 8,270 square feet and the proposed floor area
is 5,098 square feet including the attached 337 square foot ADU and the attached
613 square foot garage.
b. The proposed development provides the minimum required setbacks, which are
eighteen feet for front-facing garages and six feet for other buildings along the front
property line adjacent to the street, four feet along each side property line, and ten
feet along the second front property line abutting the Bay.
c. The highest flat roof/guardrail is less than 24 feet from established grade (34.64
feet NAVD88) and the highest ridge is no more than 29 feet from established grade,
which complies with the maximum height requirements.
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d. The proposed development provides a three-car garage, meeting the minimum
three-car garage requirement for a single-family residence with more than 4,000
square feet of habitable floor area.
e. The proposed lowest finished floor elevation of the new residence is 11.4 feet North
American Vertical Datum of 1988 (NAVD 88), which complies with the minimum
9.0-foot top of slab elevation requirement for interior living areas of new structures.
f. The ADU complies with the maximum floor area, parking, height, and setback
provisions of the NBMC.
2. The neighborhood is predominantly developed with two-story single-unit dwellings with
scattered one- and three-story single-unit dwellings. The proposed design, bulk, and
scale of the development is consistent with the existing neighborhood pattern of
development.
3. The development fronts the Newport Harbor and is protected by a bulkhead. A bulkhead
conditions report was prepared by GeoSoils, Inc. dated February 1, 2024. The report
concluded that the bulkhead is in good condition as the panels are vertical with no signs
of rotations, spalling, or cracking. The bulkhead has tiebacks with deadman anchors.
The GeoSoils, Inc. report asserts that with maintenance, it is reasonable to assume that
the bulkhead will last another 75 years.
4. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc.
on February 1, 2024. The current maximum bay water elevation is 7.7 feet (NAVD88)
and may exceed the existing top of bulkhead elevation of 9.0 feet during high tide or
storm events. The report analyzes future sea level rise scenarios assuming an increase
in the maximum water level over the next 75 years (i.e., the life of the structure) ranging
from about 2 feet (likely) to 6 feet (very unlikely). The sea level is estimated to reach
approximately 9.7 to 13.7 feet (NAVD88) - (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). Once the
existing bulkhead is raised to 10.9 feet NAVD88 per the proposed plans, flooding, wave
runup, and erosion will not significantly impact this property over the proposed 75-year
economic life of the development.
5. 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 bulkhead structure permitted within the years 2021 through
2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD88) with a design for
adaptability elevation of 14.4 feet (NAVD 88). The project proposes to raise the bulkhead
to an elevation of 10.9 feet (NAVD 88). GeoSoils, Inc. has confirmed the bulkhead design
can be raised up to 14.4 feet (NAVD88) if needed and in compliance with the updated
guidelines.
6. The finish floor elevation of the proposed single-unit dwelling is at a minimum elevation
of 11.4 feet NAVD88, which complies with the minimum 9.0-foot NAVD88 elevation
standard.
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7. 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.
8. 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 recorded
prior to a final building inspection.
9. 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 Newport Beach Municipal Code (NBMC) Section 21.30.015(D)(3)(c) –
(Waterfront - Development Standards). The Acknowledgement of Coastal Hazards is
included as a condition of approval that will need to be recorded prior to the issuance of
building permits.
10. The property is located adjacent to coastal waters. Pursuant to Section 21.35.030
(Construction Pollution Prevention Plan) of the Municipal Code, 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.
11. Pursuant to NBMC Section 21.35.050 (Water Quality Management 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 Management Plan
(WQMP) is required. The preliminary WQMP was prepared by CivilScapes Engineering,
Inc. dated February 27, 2024. The WQMP 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. Construction plans will be reviewed for compliance with the approved
WQHP prior to building permit issuance.
12. Proposed landscaping complies with Implementation Plan Section 21.30.075. 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.
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13. 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 150 feet northeast of the property near the intersection of
Harbor Island Drive and Bayside Drive. Similarly, the nearest coastal view road segments
are located along Bayside Drive. These areas offer localized, limited views of the harbor
and several dwellings. Views are oriented to the bay and properties along the southeast
side of the street, where the row of residences includes the subject property.
14. The proposed two-story design is consistent with the existing neighborhood pattern of
development containing primarily two-story dwellings and scattered one and three-story
dwellings. The project and will not affect the existing, limited views afforded from the small
viewing areas. The project will replace an existing single-unit dwelling with a new single-
dwelling unit and attached ADU that comply with all applicable development standards.
The project presents the opportunity to enhance views by updating an older structure built
in the 1970’s with a new building with an updated design. Glass elements and masonry
shown in proposed front and rear elevations indicate a high-quality design. All structures
within the front setback area along the bay would be limited to 42 inches in height, ensuring
that the bay does not appear to be walled off. 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.
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 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the impact. In this
case, the project includes the demolition of a single-unit dwelling and the reconstruction of
a single-unit dwelling with an attached ADU on an R-1 zoned lot. Up to one ADU and one
JADU are allowed by right on all R-1 properties. The ADU is approximately 337 square
feet and occupancy of the space would be limited. 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. The nearest lateral access is located less than 150 feet north of the property near the
intersection of Harbor Island Drive and Bayside Drive. Harbor Island Drive does not contain
an outlet. Public access points with lateral access are also provided to the south parallel
to Beacon Bay, where there is a public beach along the Bay. The project would not impact
access along these routes.
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3. While Bayside Drive is the first public road paralleling the sea and the project site is located
between Bayside Drive and the Harbor, the project will not affect the public’s ability to gain
access to, use, and/or view the coast and nearby recreational facilities.
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.
2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal
Development Permit (PA2024-0051), 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 (NBMC). 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 13TH DAY OF JUNE 2024.
_______________________________________
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. Revisions to the approved plans may require an amendment to this coastal development
permit or the processing of a new coastal development permit.
3. This coastal development permit does not authorize any development bayward of the
private property.
4. Coastal Development Permit No. PA2024-0051 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 (NBMC), unless an extension is otherwise
granted.
5. Prior to issuance of building permits, owner shall record deed restriction prepared by the
City noting the size of the unit, description of unit, prohibition on short term rentals, and
prohibiting the sale of the ADU.
6. Prior to a final building permit inspection for the dwelling, the existing seawall shall be
reinforced and capped to 10.90 feet (NAVD88) and capable to be raised up to 14.4 feet
(NAVD88), in compliance with the City of Newport Beach Waterfront Project Guidelines
and Standards, Harbor Design Criteria Commercial & Residential Facilities.
7. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury or
damage from such hazards, unconditionally waiving any claims of damage against the City
from such hazards, and to indemnify and hold harmless City, its City Council, its boards
and commissions, officials, officers, employees, and agents from and against any and all
claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City’s approval of
development. The letter shall be scanned into the plan set prior to building permit issuance.
8. Prior to a 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 to address the threat of
damage or destruction from waves, erosion, storm conditions, landslides, seismic activity,
bluff retreat, sea level rise, or other natural hazards that may affect the property, or
development of the property, today or in the future. The agreement shall be binding against
the property owners and successors and assigns.
14
Zoning Administrator Resolution No. ZA2024-###
Page 8 of 10
9. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall comply with the approved CPPP
and WQHP/WQMP and any changes could require separate review and approval by the
Building Division.
10. Prior to the issuance of a building permit, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
11. Prior to the issuance of a building permit, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building Division.
12. Prior to the issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans.
13. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
14. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
15
Zoning Administrator Resolution No. ZA2024-###
Page 9 of 10
20.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.
21. 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,
and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not
allowed on Sundays or holidays.
22. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26
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 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
23. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In
compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and
similar construction activities shall occur between August 16 and January 31, outside of the
peak nesting period. If such activities must occur inside the peak nesting season from
February 1 to August 15, compliance with the following is required to prevent the taking of
Native Birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
16
Zoning Administrator Resolution No. ZA2024-###
Page 10 of 10
24.The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
25. 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.
26. 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.
27. 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 either the current
business owner, property owner, or the leasing agent.
28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Aflatoon Residence including, but not limited to, Coastal Development
Permit (PA2024-0051). 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.
Fire Department Conditions:
29. The proposed Single Family Residence and Accessory Dwelling Unit shall be equipped with
an automatic fire sprinkler system per Fire Department requirements.
Building Division Conditions:
30.Per Building Division requirements during plan check, Fire and Sound separation is
required between main unit and ADU.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Coastal Development Permit
(PA2024-0051)
434 Harbor Island Drive
Subject Property
Subject Property
19
Attachment No. ZA 3
Project Plans
20
100.72' PROPERTY LINE
54
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NEWATTACHEDACCESSORY DWELLING UNIT
NEWTHREE-CAR GARAGE
NEWTWO-STORY, SINGLE-FAMILYRESIDENCE
FFE = 13.73
FFE = 13.73
FFE = 11.98 FFE = 11.40
FFE = 13.05
NEWCOVEREDPORCH
PLANTING AREA
PLANTING AREA
PLANTING AREA
DECOMPOSED GRANITE GRAVEL
DECOMPOSED GRANITE GRAVEL
CONCRETEWALK
CONCRETEWALK
CONCRETEWALK CONCRETEPORCH
CONCRETEDRIVEWAY
CONCRETEPATIO
CONCRETEWALK
CONCRETEWALK
CONCRETEWALK
DN
DNUP DN
UP
EXISTING BULKHEADTO BE EXTENDED IN HEIGHT TO 10.9' MINIMUM (+2'-7") PER THE
TOP OF
SEA LEVEL RISE DISCUSSIONAND BULKHEAD CONDITION REPORT
4'-
3
"
4'-
3
"
4'-3
"
4'-3
"
8'-
1
12"
20'-1112"
6'-3"
4'-2
"
4'-2
"
10'-5"
10'-612"
16'-012"
EXISTINGCURB CUT AND APRON TO REMAIN
EXISTINGAPRON TO BE REMOVED
NEWCURB CUT ANDAPRON TO WIDEN DRIVEWAY
PU
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SQUARE FOOTAGES
R-1
FRONT =6'-0" BUILDING AND
SIDES = 4'-0"REAR = 10'-0"
HEIGHT = 24' FLAT ROOF/29' RIDGE
LOT SIZE = 4938.00 SF
ZONE =
DEVELOPMENT STANDARDS
1891.64 SFFIRST FLOOR =
4148.11 SFTOTAL MAIN RESIDENCE =
613.44 SFGARAGE =
2256.47 SFSECOND FLOOR =
311.81 SFTOTAL DECK =
173.21 SFGAME ROOM DECK =138.60 SFPRIMARY BEDROOM DECK =
SIDE-FACING GARAGE18'-0" AT FRONT FACINGGARAGE
(CALCULATE BUILDABLEAREA USING 6'-0" SETBACK)
MAIN RESIDENCE:
337.34 SFADU =
4485.45 SFTOTAL LIVABLE =
5410.70 SFTOTAL OVERALL =
8' + 12" = 9'FLOOD ZONE AE =
PROJECT DISCRIPTION
DEMOLISH EXISTING ONE-STORY, SINGLE-FAMILYRESIDENCE AND ATTACHED GARAGE.
CONSTRUCT NEW TWO-STORY, SINGLE-FAMILY RESIDENCE WITH ATTACHED THREE-CAR GARAGE.FULL SITE GRADING. BULKHEAD REPAIR AND HEIGHTEXTENSION.
ARCHITECT
SENNIKOFF ARCHITECTS, INC.5500 EAST 2ND STREET, SUITE 2LONG BEACH, CALIFORNIA 90803562 344 5438
CIVIL ENGINEER
CIVILSCAPES ENGINEERING28052 CAMINO CAPISTRANO, SUITE 213LAGUNA NIGUEL, CALIFORNIA 92677949 464 8115
BULKHEAD CONDITIONS
GEOSOILS, INC.5741 PALMER WAYCARLSBAD, CALIFORNIA 92010760 438 2155
COASTAL HAZARDS /
SURVEYOR
SILLAS LAND SURVEYING 1644 NORTH AVON STREETBURBANK, CALIFORNIA 91505661 839 2188
SHEET INDEX
ARCHITECTURAL DRAWINGS
SECOND FLOOR PLANFIRST FLOOR PLANA2A3
ELEVATIONSA6ELEVATIONSA7
SITE PLANA1
ROOF PLANA4A5 SECTION
SURVEYARCHITECTURAL SURVEY
CIVIL DRAWINGS
EROSION CONTROL PLANGRADING PLAN / STORM DRAIN PLANC2C3
PRECISE GRADING PLANC1
GEOTECHNICAL NOTESC4
GEOTECHNICAL ENGINEER
NORCAL ENGINEERING10641 HUMBOLT STREETLOS ALAMITOS, CALIFORNIA 90720562 799 9469
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21
(2)-CAR GARAGE20'-1" x 20'-3"
TANDEM GARAGE10'-9" x 15'-0"PANTRY5'-2" x 9'-4"
KITCHEN12'-2" x 19'-10"
ISLAND5'-0" x 8'-0"
48" RANGE
72" R/F
DW
8'-0" LINEAR FIREPLACE
WET BAR
ISLAND2'-6" x 7'-0"ELEVATOR
BA 4
FOYER10'-0" x 15'-1"
MEDIA ROOM13'-3" x 15'-5"ADU13'-5" x 15'-9"
BATHADU
UP GREAT ROOM22'-5" x 23'-1"
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ARTNICHE
LINEN
HIGH WINDOW HIGH WINDOW
HIGH WINDOW
FFE = 11.98
FFE = 13.73
FFE = 13.73 DN
FFE = 12.44 DN12.5"
21"DN7"
FFE = 11.40
FFE = 11.40DN12.5"
PORCHFFE = 13.60
4'-
3
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4'-
3
"
4'-3
"
4'-3
"
8'-
1
12"
20'-1112"
6'-3"
4'-2
"
4'-2
"
10'-5"
10'-612"
16'-012"
2%
2%
2%
8'-
1
12"
4'-3
"
4'-3
"
4'-
3
"
4'-
3
"
10'-5"
10'-612"
16'-012"
4'-2
"
4'-2
"
6'-3"
20'-1112"
SQUARE FOOTAGES
1891.64 SFFIRST FLOOR =
4148.11 SFTOTAL MAIN RESIDENCE =
613.44 SFGARAGE =
2256.47 SFSECOND FLOOR =
311.81 SFTOTAL DECK =
173.21 SFGAME ROOM DECK =138.60 SFPRIMARY BEDROOM DECK =
MAIN RESIDENCE:
337.34 SFADU =
4485.45 SFTOTAL LIVABLE =
5410.70 SFTOTAL OVERALL =
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NORTH
22
PRIMARY BEDROOM16'-8" x 23'-5"
6'-0" LINEAR FIREPLACE
PRIMARY BATH12'-1" x 13'-10"
PRIMARY WIC10'-5" x 14'-5"
EXERCISE ROOM9'-1" x 9'-4"BEDROOM 214'-5" x 14'-9"
BEDROOM 310'-11" x 14'-5"
WIC5'-0" x 5'-0"
WIC5'-0" x 5'-5"
BA 2
BA 3
D
W
LAUNDRY5'-8" x 8'-1"
ELEVATOR
OPEN TO FOYER BELOW
GAME ROOM13'-10" x 21'-8"
DN
PWDR
DECK10'-2" x 14'-3"
LOW CABINETS / ART ABOVE
SHOWER SEAT
SHOWER
SEAT
LINEN
PL
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90"
T
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DECK5'-9" x 23'-5"
7'-
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HIGH WINDOWS HIGH WINDOW HIGH WINDOW
LINEN
8'-
1
12"
4'-3
"
4'-3
"
4'-
3
"
4'-
3
"
10'-5"
10'-612"
16'-012"
4'-2
"
4'-2
"
6'-3"
20'-1112"
SQUARE FOOTAGES
1891.64 SFFIRST FLOOR =
4148.11 SFTOTAL MAIN RESIDENCE =
613.44 SFGARAGE =
2256.47 SFSECOND FLOOR =
311.81 SFTOTAL DECK =
173.21 SFGAME ROOM DECK =138.60 SFPRIMARY BEDROOM DECK =
MAIN RESIDENCE:
337.34 SFADU =
4485.45 SFTOTAL LIVABLE =
5410.70 SFTOTAL OVERALL =
SH
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SCALE : 1/4"=1'-0"
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NORTH
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2%
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BUILT-UP ROOFING(TYPICAL)
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11.98 11.40 10.64 ESTABLISHED GRADE
8'-1
"
18
'
-
4
12"
FOYER
SECOND FLOOR
GREAT ROOMSTAIR HALL 9'-1
0
"
10
'
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5
"
9'-1
"
24' AT FLAT ROOFS/GUARDRAILS
29' AT TOP OF SLOPING ROOFS
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-
7
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SCALE : 1/4"=1'-0"
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25
8'-1
"
9'-
1
"
9'-
1
"
8'-1
"
TOP PLATE
FINISH FLOOR
TOP PLATE
= 13.73'TOP OF CURB
TOP PLATE
FINISH FLOOR
TOP PLATE
= 13.73'TOP OF SLAB
10.64 ESTABLISHED GRADE
24' AT FLAT ROOFS/GUARDRAILS
29' AT TOP OF SLOPING ROOFS
23'
-
7
12"
24
'
-
0
"
M
A
X
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A
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A
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S
DECK
9'-1
"
8'-1
"
9'-1
"
10
'
-
5
"
= 11.40'TOP OF SLAB
TOP PLATE
FINISH FLOOR
TOP PLATE
TOP PLATE
FINISH FLOOR
TOP PLATE
= 13.73'TOP OF CURB
10.64 ESTABLISHED GRADE
24' AT FLAT ROOFS/GUARDRAILS
29' AT TOP OF SLOPING ROOFS
23
'
-
7
12"
24'
-
0
"
M
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FRONT ELEVATION
SCALE : 1/4"=1'-0"
LEFT SIDE ELEVATIONSCALE : 1/4"=1'-0"
01
/
3
1
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2
5
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.
26
DECK
9'-1
"
10
'
-
5
"
8'-1
"
9'-1
"
TOP PLATE
FINISH FLOOR
TOP PLATE
= 13.73'TOP OF SLAB
TOP PLATE
FINISH FLOOR
TOP PLATE
= 11.40'TOP OF SLAB
10.64 ESTABLISHED GRADE
24' AT FLAT ROOFS/GUARDRAILS
29' AT TOP OF SLOPING ROOFS
23
'
-
7
12"
24
'
-
0
"
M
A
X
I
M
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A
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F
L
A
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O
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F
S
DECK
10'
-
5
"
9'-
1
"
9'-
1
"
10'
-
5
"
= 11.40'TOP OF SLAB
TOP PLATE
FINISH FLOOR
TOP PLATE
TOP PLATE
FINISH FLOOR
TOP PLATE
= 11.40'TOP OF SLAB
10.64 ESTABLISHED GRADE
24' AT FLAT ROOFS/GUARDRAILS
29' AT TOP OF SLOPING ROOFS
23'
-
7
12"
24'
-
0
"
M
A
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REAR ELEVATION
SCALE : 1/4"=1'-0"
RIGHT SIDE ELEVATIONSCALE : 1/4"=1'-0"
01
/
3
1
/
2
5
CO
P
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.
27
June 13, 2024, Zoning Administrator Item 5 Comments
These comments on a Newport Beach Zoning Administrator agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 5. Aflatoon Residence Coastal Development Permit
(PA2024-0051)
Condition of Approval 22 in the proposed resolution contains a requirement to comply with the
provisions of NBMC Chapter 10.26 and a table of noise limits.
Since this follows Condition of Approval 21, which cites restrictions on hours of noise-generating
construction activities, Condition of Approval 22 might be assumed to specify the noise allowed
for construction activity during the permitted hours. However, that seems unlikely since NBMC
Subsection 10.26.035.D exempts construction activity from all the provisions of Chapter 10.26.
So, Condition of Approval 22 seems, instead, intended to inform owners of the property of
restrictions on the noise future residential occupants can generate in their normal, daily,
non-construction-related activities.
As such the “45 dBA” noise standard listed for “Interior” locations in “Residential Property
located within 100 feet of a commercial property” and “Mixed Use Property” “Between the hours
of 10:00 PM and 7:00 AM” appears to be in error.
As noted in connection with the same table in Item 3 on the current agenda, to correlate with
Chapter 10.26, not only should “Mixed Use Property” read “Residential Portions of Mixed Use
Properties,” but the City’s late night interior noise standard in all residential units, including
residential portions of mixed-use properties, has been 40 dBA (not 45 dBA) since at least 1995
per NBMC Section 10.26.030 (as it is in Table N3 of the Noise Element of the current General
Plan).
But as also noted there, the Municipal Code gives the quoted decibel “noise standards” a more
nuanced interpretation than representing the “maximum noise” allowed. So, rather than
correcting the table to match Chapter 10.26, it might be wiser to omit it and simply reference the
code.
Zoning Administrator - June 13, 2024 Item No. 5a - Additional Materials Received Aflatoon Residence Coastal Development Permit (PA2024-0051)