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HomeMy WebLinkAbout2.0_Ahmed Residence_PA2024-0013CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 20, 2024 Agenda Item No. 2 SUBJECT: Ahmed Residence (PA2024-0013) ▪Coastal Development Permit ▪Variance SITE LOCATION: 3100 West Oceanfront APPLICANT: Brion Jeannette Architecture OWNERS: Hassan and Alyiah Ahmed PLANNER: Jenny Tran, Assistant Planner 949-644-3212 or jtran@newportbeachca.gov PROJECT SUMMARY A request for a coastal development permit to demolish an existing 3,027-square-foot single-unit dwelling and construct a new 2,622-square-foot, three-story single-unit dwelling and attached 370-square-foot, two-car garage in the VE Special Flood Hazard Area (VE Flood Zone). Additionally, the applicant requests a variance from Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to construct two exterior entry stairs that are approximately 9 feet, 6 inches in height (to the highest guardrail) in the side yard setback where the maximum height is 18 inches measured from existing grade for stairs and 6 feet maximum for guardrails. The project complies with all other development standards and no other deviations are requested. RECOMMENDATION 1)Conduct a public hearing; 2)Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3)Adopt Resolution No. PC2024-013 approving the Coastal Development Permit and Variance filed as PA2024-0013 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Two Unit Residential (RT) Two-Unit Residential (R-2) Two-unit residential NORTH RT R-2 One- and two-unit residential SOUTH Parks and Recreation (PR) Parks and Recreation (PR) Boardwalk and beach EAST RT R-2 One- and two-unit residential WEST RT R-2 One- and two-unit residential Subject Property 3 INTENTIONALLY BLANK PAGE4 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 3 INTRODUCTION Project Setting The subject property is a 2,250-square-foot, 25-foot-wide beachfront lot located on the corner of West Oceanfront and 31st Street on the western end of the Balboa Peninsula. The site is currently developed with an existing three-story, 3,027-square-foot single-unit dwelling with an attached two-car garage. The property abuts the public West Oceanfront boardwalk and the public beach. Figure 1: Aerial view of the subject property abutting 31st Street and the West Oceanfront boardwalk Subject Property Public Boardwalk 5 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 4 Background VE Special Flood Hazard Area The property is located within the VE Flood Zone (15), which is a Flood Zone designated by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) affecting 166 ocean fronting properties between 28th Street and 48th Street (Figure 2 below). The FIRMs became effective March 21, 2019. Figure 2: Properties within the VE Flood Zones New development within the VE Flood Zone (15) is required to meet FEMA design criteria and the City’s Building Code, which require the first floor of the dwelling to be elevated approximately 3 to 5 feet above the ground. Specifically, in the VE Flood Zone, the first floor of the dwelling is required to be at or above the Base Flood Elevation (BFE) of 15 feet based on the North American Vertical Datum of 1988 (NAVD 88), and the City requires an additional one foot of freeboard to the bottom of the lowest horizontal structural member. Therefore, the lowest horizontal structural member must be at 16 feet NAVD 88. Including the floor system, the finished floor of new residential dwellings in the VE Flood Zone is typically 17.5 feet NAVD 88. Subject Property 6 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 5 The FEMA construction design criteria requires that new development utilize pilings, posts, piers, or columns to raise the main dwelling and maintain an open foundation free of obstructions for those areas located below the BFE as shown in Figure 3 below. Garages are allowed to be located below the BFE, provided they are constructed with breakaway walls per the National Flood Insurance Program (NFIP). Additionally, raising the residential structure requires an elevated stair system to access the dwelling; Condition of Approval No. 29 is included to ensure that the stairs are an open design and constructed of flood damage resistant material per the NFIP. Figure 3: Conceptual design for a raised structure with an open foundation per FEMA construction design criteria In the event of wave action, these structures are designed and engineered to allow water to flow below the elevated floor system without damaging the foundation or creating substantial debris. Figure 4 on the following page provides an example of an elevated foundation. 7 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 6 Figure 4: Example of a raised foundation on piers/piles. Challenges for Development in the VE Flood Zone Compliance with the new VE Flood Zone design criteria presents several challenges for new residential development to also meet the requirements of Title 20 and Title 21 of the NBMC. Specifically, the VE Flood Zone design criteria significantly limit the means of access to the dwelling. For example, the NBMC allows stairs, landings, platforms, steps, and similar features to encroach into the side yard setback up to 18 inches from existing grade. Similarly, the NBMC allows fences, hedges, and walls, including guardrails and handrails, to encroach into the side yard setback up to 6 feet from existing grade. However, for new residential dwellings in the VE Flood Zone, the existing grade may be 5 or more feet below the new finished floor, making access impossible within the side yard setback without a variance for the maximum height of accessory structures. The City is in the process of amending the NBMC to remedy the challenges related to access to the dwelling. 8 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 7 Pending Zoning Code and LCP Amendments The City Council adopted Resolution No. 2019-31 on March 26, 2019, initiating an amendment to Title 20 and Title 21 of the NBMC to modify the setback encroachment regulations for residential properties in the VE Flood Hazard Area. The amendment addresses the access issues raised by this variance for other residences located in the VE Flood Zone. The proposed amendments include allowing raised walkways, decks, and stairs with guardrails to encroach into the front and side yard setback areas to provide reasonable access to the dwelling from the existing grade. The City Council adopted Ordinance No. 2023-10 to amend Title 20 and approved Resolution No. 2023-37 to amend Title 21 on June 27, 2023, to create a Special Flood Hazard Area (VE) Overlay Zoning District to modify certain development standards for properties in the VE Flood Zone. The VE Overlay District allows for the construction of raised patios, steps, landings, platforms, terraces, stairs, guardrails, handrails, and similar features for access to exceed the height limits for accessory structures within side, rear, and front setbacks, subject to certain limitations. Since the amendments include changes to Title 21, the Local Coastal Program Amendment (LCPA) was submitted to the California Coastal Commission (CCC). It was deemed complete on April 15, 2024, and will be scheduled for a future hearing date. Until the CCC approves the LCPA, the VE Overlay District will not be effective, and a variance is necessary to authorize deviations to setback standards. Project Description The applicant proposes to demolish an existing single-unit dwelling and construct a new 2,622-square-foot, three-story, single-unit dwelling and attached 370-square-foot, two- car garage in the VE Flood Zone. The proposed residence features a contemporary design, which utilizes split-level living spaces, balconies, and decks, and a third floor which is stepped back to reduce bulk and mass. The proposed structure includes an elevated foundation at 17.5 feet NAVD 88, which is supported by caissons to meet the minimum finished floor requirements of the VE Flood Zone. All structures, other than the foundation, below the required base flood elevation are designed as breakaway walls or are open construction to allow water to flow through them. The project includes hardscape, walls, landscaping, and drainage facilities. 9 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 8 DISCUSSION Analysis General Plan, Local Coastal Plan, and Zoning Code The site is designated as Two-Unit Residential (RT) by the General Plan Land Use Element and Two Unit Residential– 30.0-39.9 DU/AC (RT-E) by the Coastal Land Use Plan (CLUP). It is located within the Two-Unit Residential (R-2) Zoning District and Coastal Zoning District. The single-unit dwelling is a permitted use under these land use designations. With the exception of the requested deviations for maximum stair and guardrail height in the side setback areas, the proposed residence complies with all other applicable development standards of the R-2 Zoning and Coastal Zoning Districts as illustrated in Table 1 below: Table 1: Development Standards Development Feature Required Proposed Setbacks (min.) Front (West Ocean Front) Rear (Alley) Left Side (West) Right Side (East) 5 feet 5 feet 3 feet 3 feet 5 feet1 5 feet 3 feet 3 feet Height (max.) Flat Roof Sloped Roof 24 feet 29 feet 24 feet 29 feet Floor Area Limit (max.) 3,040 sq. feet 3,039 sq. feet Parking (min.) 2 spaces 2 spaces 3rd Floor Stepbacks 15 feet 15 feet 1 The project also includes balconies that are permitted to encroach into the front setback that fronts the public beach pursuant to Sections 20.30.110(D)(5) and 21.30.110(D)(5) (Setback Regulations and Exceptions – Balconies Abutting East Ocean Front and West Ocean Front) Variance Findings A variance is requested for two entry stairs to exceed the maximum height limit in a side yard setback. A variance is a request to waive or modify certain standards when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district. Section 20.52.090(F) (Variances, Findings and Decision) of the NBMC requires the Planning Commission to make the following findings before approving a variance: 10 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 9 A. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification; B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification; C. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; D. Granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district; E. Granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood; and F. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. The project includes two sets of entry stairs that encroach into the side yard setbacks. The front entry stairs allow for access to the dwelling from the West Oceanfront boardwalk and the side entry stairs allow for direct access to the dwelling from 31st Street. Because the design includes an elevated finished floor (in compliance with FEMA standards), entry stairs are necessary to access the dwelling’s first floor from the existing grade of the side yard (Figure 5). The NBMC allows stairs, landings, platforms, fences, guardrails, etc. to encroach into the side yard setback subject to certain height limits. The proposed top of landing height for the staircase is approximately 6 feet from existing grade, which exceeds the maximum 18-inch height allowance for steps, stairs, or landings in the side yard setback. Additionally, the project includes guardrails that exceeds the maximum 6-foot height allowance for walls and fences in the side yard setback as shown in Figure 5 below. The existing grade below the proposed stairs is approximately 10.67 feet based on the NAVD 88, which is 6.83 feet lower than the required 17.5-foot finished floor for the single- unit dwelling. Due to the elevation difference between the existing grade and the required finished floor, exterior entry stairs are not feasible without relief from the maximum allowed height. Strict compliance with the Zoning Code would require the entry stairs to be relocated into the interior of the residence, thereby reducing the project’s livable floor area by approximately 92.5 square-feet on a narrow-sized lot. Residences of similar lot size and topography located outside of the VE Flood Zone or constructed prior to the new flood hazard requirements are typically able to accommodate entry stairs in the side yard setbacks without deviations from development standards. The intent of the Zoning Code standard is to prevent the alteration of topography within setback areas to be significantly higher than the existing grade, resulting in taller accessory structures that could negatively impact available light and air to adjoining properties. In this case, the project is designed with guardrails made with open material to lessen the visual impact to 11 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 10 neighboring properties. The two stairs are relatively small, as they are approximately 9 feet wide for the front entry stairs and approximately 18 feet wide for the side entry stairs within a side yard that is 90 feet deep. As seen in Figures 5 and 6 below, the front entry stairs have a portion of the steps and guardrails within the front setback. However, this portion does not exceed the 42-inch maximum height from existing grade for front setback encroachments. Figure 5: Partial Side Elevation of Entry Stairs Figure 6: Site Plan Showing Setbacks and Location of Entry Stairs Lastly, the proposed entry stairs represent the minimum setback encroachment and height increase necessary to provide access to the dwelling. The project is consistent with the pending Title 20 and Title 21 amendments (VE Overlay District) approved by the City Council and pending review with the CCC. Front Entry Stairs Side Entry Stairs Front Entry Stairs Side Entry Stairs 12 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 11 Coastal Development Permit Findings The subject property is located within the Coastal Zone and, therefore, the proposed project requires a coastal development permit. Section 21.52.015(F) (Coastal Development Permit, Findings and Decision) of the NBMC requires the following findings to be made before approving a coastal development permit: A. Conforms to all applicable sections of the certified Local Coastal Program; and 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. The proposed single-unit dwelling is consistent with the Two-Unit Residential Coastal Land Use and Zoning District. With exception of the requested side setback encroachments, the proposed single-unit dwelling complies with all applicable residential development standards, including floor area limitation, setbacks, height, and parking. The proposed deviations to the maximum stair and guardrail heights within the side setback comply with Section 21.52.090 (Relief from Implementation Plan Development Standards) of the NBMC, which allows for a waiver or modification of certain standards of the Implementation Plan because of special circumstances. Coastal Hazards Since the subject property abuts the ocean, a coastal hazards report was provided by the applicant. The report, prepared by GeoSoils, Inc. on November 13, 2023, concludes that the project will be reasonably safe from wave runup, overtopping, and future sea level rise. The estimates assume an approximate 3.2-foot increase from sea level rise over the next 75 years (i.e. the life of the structure). The maximum water elevation is 7.7 NAVD 88, therefore the future sea level is estimated to reach approximately 10.9 feet NAVD 88 (the likely range for sea level rise over 75-year design life of the structure based on low risk aversion estimates (66% probability) for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). Additionally, the maximum water elevation using the medium-high risk aversion estimates (0.5% probability) is 13.7 feet NAVD 88. The finished floor elevation of the first floor of the proposed structure is approximately 17.5 feet NAVD 88, which complies with the minimum 9.0-foot (NAVD 88) elevation standard for new structures and exceeds the minimum requirements for future projected sea level rise (10.9 and 13.7 feet NAVD 88). The project will be reviewed for compliance with building code and FEMA standards prior to issuance of a building permit. As previously stated, the VE Flood Zone mapped at the site requires a base flood elevation (BFE) of 15 feet NAVD 88, and the City requires an additional one foot of freeboard to the bottom of the lowest horizontal structural member. Therefore, the project has been designed with a raised finished floor of 17.5 feet NAVD 88 with a pile foundation to withstand potential wave overtopping in compliance with the FEMA VE Flood Zone standards. 13 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 12 Public Views and Access The property is not located adjacent to a coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is the Rhine Wharf Pier located over 2,000-feet away and is not visible from the Property. The Project proposes stairs within the side setback adjacent to 31st Street where vehicles typically park along the curb. The project would not block any existing public views of the beach from 31st Street, nor would it impede any public views or lateral access to the beach. Additionally, the proposed single-unit dwelling complies with all applicable LCP development standards (except for side setback encroachments) and maintains a building footprint consistent with the existing and expected neighborhood pattern of development. The property is located adjacent to the West Oceanfront boardwalk, which serves as lateral access and provides a path along the beach for pedestrian and bicycle use. The project does not include a feature that would impede access to the boardwalk. Further, the steps and walls within the front setback do not exceed the maximum height of 42 inches and do not create a visual impact within the front setback area abutting the boardwalk. Vertical access to the beach is available at the 31st Street end from Balboa Boulevard as well as at the 32nd Street end from Seashore Drive. Since the property is on the corner of 31st Street and the West Oceanfront alley in the rear, as well as intersection of 31st Street and the public boardwalk in the front, the property must comply with traffic safety visibility requirements of Section 21.30.130 of the NBMC. This code section limits the height of fences, walls, hedges, and accessory structures in the 15- foot triangular intersection of the right-of-way and alley and five-foot triangular intersection of the right-of-way and boardwalk. The project is designed with low accessory structures in the traffic safety visibility area in compliance with this section. Scenic and Visual Quality Protection The property is located between the first public roadway and paralleling the ocean, therefore, NBMC Section 21.30.100 (Scenic and Visual Quality Protection) is applicable. City staff has conducted an initial evaluation of the project site and determined that the proposed development does not have the potential to significantly impact a public view or a viewshed, or the scenic and visual qualities of the coastal zone due to the fact that it is designed to be as minimally impactful as possible and complies with the development standards of the NBMC as evidenced in Figure 7 below. The design of the dwelling includes the extensive use of glass, including glass railings and large windows to decrease the amount of visual mass and impact of the taller structure. The rear balcony uses minimal screening methods to screen the mechanical equipment while still providing appropriate screening. The dwelling also minimizes the scale of architectural overhangs and eaves that would otherwise be allowed to encroach in setback areas per the NBMC. 14 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 13 The project will replace an existing single-unit dwelling with a new single-unit dwelling that complies with applicable development standards. The project also complies with the City’s Residential Development Standards and Design Criteria that restrict the location of third floors. Although not required, the project proposes a relatively small third and fourth floor totaling 510 square feet. The third and fourth floors accommodate a lounge area and powder room, which complies the additional 15-foot stepback standards from the front and rear setback lines. Compliance with third floor standards minimize the appearance of bulk and scale from the adjacent beach, neighboring properties, and street. Further, the area of encroachment will not impede the views of the public beach as viewed down 31st Street and the guardrails will be made of open material to lessen any potential visual impacts. Figure 7: Rendering of the dwelling as seen from 31st Street. Relief from Implementation Plan Development Standards Findings Per Section 21.52.090 (Relief from Implementation Plan Development Standards), the Planning Commission may approve a waiver to a development standard of the Implementation Plan only after making all the following findings: A. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and B. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. C. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards Beachfront Rear alley 15 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 14 otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district; and D. The modification or variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F); E. The modification or variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs; F. The modification or variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas; G. The modification or variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation, or wildlife species; and H. The granting of the modification or variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the certified Local Coastal Program. As previously discussed, the proposed development is consistent with the certified Local Coastal Program to the maximum extent possible without depriving the applicant of reasonable access into the single-unit dwelling. Staff has analyzed the alternatives of the Variance and believes that the proposed project is necessary for a viable project while it does not cause a detriment to the surrounding neighborhood, public views, or public access. An alternative to the side yard entry stairs is to have the entrance door at the side yard grade level and to design a stair system within the buildable area. Stairs within the buildable area count as floor area but reduce the opportunity to design for practical living areas such as living rooms and bedrooms on narrow lots. The proposed project already has difficult design constraints due to being located within the VE Flood Zone. Interior stairs would not provide greater consistency with the LCP and are not more protective of coastal resources. The portion of the entry stairs fronting West Oceanfront and the public beach within the front setback are approximately 30 inches from existing grade where the maximum allowed height is 42 inches which will lessen the visual impact to the public. The side of the property abutting 31st Street is designed with low 8-inch planter walls and landscaping that will soften the visual impacts of the building mass. Further, the entry stairs are comprised of two separate smaller stairs rather than two large connecting staircases and are designed with guardrails made of open material to lessen the visual impacts to neighboring properties and visitors walking towards the boardwalk. Summary and Alternatives In conclusion, the project will allow the new construction of a single-unit dwelling that is consistent with the Title 20 and Title 21 amendments (VE Overlay District) that have been 16 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 15 approved by the City Council and pending review with the CCC. The project is designed to be consistent with the FEMA design criteria and the variance will allow the dwelling to have entry stair access in the side setback up to the raised foundation as required. Neighboring properties outside of the VE Flood Zone are not subject to the same requirements and these design hardships are the basis for findings of the variance. Additionally, the project is consistent with the Coastal Land Use and Zoning District, aside from the side setback encroachments. Staff believes the findings for approval can be made to support the proposed project and the facts in support of the required findings are presented in the draft Resolution (Attachment No. PC 1). The following alternatives are available to the Planning Commission should they feel the facts are not in evidence of support for the proposed application: 1. The Planning Commission may suggest an alternative design to reduce the number of entry stairs that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project; or 2. If the Planning Commission does not believe the facts in support of finding can be made, the Planning Commission may deny the application request. 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. Class 3 exempts the construction of limited numbers of new, small structures, including up to three single-unit dwellings or up to six dwelling units within multi-unit structures in urbanized areas. The Project includes demolition of an existing single-unit dwelling and construction a new single-unit dwelling. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines 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. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property and residential occupants 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 meeting, consistent with the 17 Ahmed Residence (PA2024-0013) Planning Commission, June 20, 2024 Page 16 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. Prepared by: _________________________ Jenny Tran Assistant Planner Submitted by: ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Project Description PC 3 Project Plans 18 Attachment No. PC 1 Draft Resolution with Findings and Conditions 19 INTENTIONALLY BLANK PAGE20 RESOLUTION NO. PC2024-013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA SUPERSEDING VARIANCE NO. VA0827 APPROVING A COASTAL DEVELOPMENT PERMIT AND VARIANCE TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-UNIT DWELLING AND CONSTRUCTION OF A NEW SINGLE-UNIT DWELLING AND ATTACHED GARAGE FOR THE PROPERTY LOCATED AT 3100 WEST OCEANFRONT (PA2024-0013) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Katelynn Rodgers of Brion Jeannette Architecture (“Applicant”), on behalf of Hassan and Alyiah Ahmed (“Owner”), concerning property located at 3100 West Oceanfront, and legally described as Lot 1 of Block 31 in the city of Newport Beach, County of Orange, State of California, as per map recorded in Book 3, Page 26 of Miscellaneous Maps, in the Office of the County Recorder of said county (“Property”), requesting approval of a variance and a coastal development permit. 2. The Applicant requests a coastal development permit to demolish an existing 3,027 square foot single-unit dwelling and construct a new 2,622-square-foot three-story, single-unit dwelling and attached 370-square-foot two-car garage (“Project”) in the VE Special Flood Hazard Area (“VE Flood Zone”). Additionally, the applicant requests a variance to construct two exterior entry stairs that are approximately 9 feet, 6 inches in height (to the highest guardrail) in the side yard setback, where the maximum height is 18 inches measured from existing grade for stairs and 6 feet maximum for guardrails. The Project complies with all other development standards and no other deviations are requested. 3. The Property is categorized as Two-Unit Residential (RT) by the General Plan Land Use Element and is located within the Two-Unit Residential (R-2) Zoning District. 4. The Property is located within the Coastal Zone. The Coastal Land Use Plan category is Two-Unit Residential – 30.0–39.9 DU/AC (RT-E) and the Coastal Zoning District is Two- Unit Residential (R-2). 5. The City Council adopted Resolution No. 2019-31 on March 26, 2019, initiating an amendment to Title 20 and Title 21 of the Newport Beach Municipal Code (“NBMC”) to modify the setback encroachment regulations for residential properties in the VE Flood Hazard Area. 6. The City Council adopted Ordinance No. 2023-10 on June 27, 2023, to amend Title 20 to create a Special Food Hazard Area (VE) Overlay Zoning District to modify certain development standards for properties subject to special flood hazards as identified by the 21 Planning Commission Resolution No. PC2024-013 Page 2 of 19 10-18-21 Federal Emergency Management Agency (“FEMA”) in the Flood Insurance Study (“FIS”) for Orange County, California and Incorporated Area with accompanying FEMA Flood Insurance Rate Maps (“FIRM”). The VE Overlay District allows for the construction of raised patios, steps, landings, platforms, terraces, stairs, guardrails, handrails, and similar features for access to exceed the height limits for accessory structures within side, rear, and front setbacks, subject to certain limitations. 7. The City Council also approved Resolution No. 2023-37 on June 27, 2023, to authorize staff to submit a Local Coastal Program Amendment (“LCPA”) to amend Title 21 (Local Coastal Program Implementation Plan) to create a Special Flood Hazard Area (VE) Overlay District to modify certain development standards for properties subject to special flood hazards as identified by the FEMA in the FIS for Orange County, California and Incorporated Area with accompanying FEMA FIRMs. The proposed amendments to Title 21 (Local Program Implementation Plan) largely mirror the amendments proposed for Title 20 (Planning and Zoning). 8. The LCPA was submitted to the California Coastal Commission (“CCC”) and deemed complete on April 15, 2024. Because the CCC has not yet approved the LCPA, and Ordinance No. 2023-10 to amend Title 20 is not yet in effect, a variance is necessary to authorize the proposed encroachments in the front and side setbacks. 9. A public hearing was held on June 20, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place, and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The 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 California Code of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines) because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the construction of limited numbers of new, small structures, including up to three single-family dwellings or up to six dwelling units within multi-unit structures in urbanized areas. The Project includes the demolition of one existing single-unit dwelling and construction of a new single-unit dwelling located within the Two-Unit Residential (R-2) Zoning District and the Two-Unit Residential (R-2) Coastal Zone District. 3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines 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 22 Planning Commission Resolution No. PC2024-013 Page 3 of 19 10-18-21 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. Variance In accordance with Section 20.52.090(F) (Variances – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth herein: Finding: A. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification; Facts in Support of Finding: 1. The Property is located on the corner of West Oceanfront and 31st Street and is located within the VE Flood Zone (15 feet), which is a VE Flood Zone designated by the FIRM. The new FIRMs took effect on March 21, 2019, and affect 166 beachfront properties in the West Newport area between 28th Street and 48th Street. 2. New development within the VE Flood Zone (15 feet) is required to meet FEMA design criteria and the City’s Building Code, which require new structures to be elevated through the use of pilings, post, piers or columns to raise the first floor of the structure to be at or above the Base Flood Elevation (“BFE”) of 15 feet NAVD 88, and the City requires an additional one foot of freeboard to the bottom of the lowest horizontal structural member. These structures are designed and engineered to allow water to flow below the elevated floor system without damaging the foundation or creating substantial debris. Therefore, the Project has been designed with a raised finished floor of approximately 17.5 feet NAVD 88. 3. Compliance with the VE Flood Zone design criteria presents several challenges for new residential development to also meet the requirements of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC related to encroachments in setback areas. Specifically, the existing NBMC limits steps, landings, platforms, and similar features to 18 inches maximum within side setbacks. The existing NBMC also limits fences, hedges, and walls (including guardrails or handrails) to 6 feet from existing grade within side setbacks. In this case, the Property has an existing grade in the side yard of approximately 10.67 feet (NAVD 88), where the finished floor is at 17.5 feet (NAVD 88) or approximately 6.83 feet from existing grade. Therefore, typical stairs, landings, handrails, and similar features that provide access from the street or front yard cannot be accommodated within the side setbacks. 23 Planning Commission Resolution No. PC2024-013 Page 4 of 19 10-18-21 4. Other properties in the VE Flood Zone would also be subject to these same special or unique circumstances. However, most properties in the City that are within the same Zoning District would not be subject to the same FEMA requirements. Additionally, this particular Property has a lower existing grade at 10.67, where the majority of the properties in the VE Flood Zone have existing grades closer to 11 or 12 feet NAVD 88. 5. The Applicant seeks a variance for two entry stairs to exceed the maximum height in the side setback to provide access to the dwelling. The proposed top of landing height for each staircase is approximately 6 feet, which exceeds the maximum 18-inch height allowance for steps in the side yard setback. The proposed handrails and guardrails associated with the two entry stairs would reach a height of approximately 9 feet 10 inches and would not exceed the minimum height required by California Building Code (“CBC”) as certified in Title 15 (Buildings and Construction) of the NBMC. Due to the elevation difference between the existing grade and the required finished floor, exterior entry stairs are not feasible without relief from the maximum allowed height. Finding: B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification; Facts in Support of Finding: 1. Facts in support of Finding A are hereby incorporated by reference. 2. Strict compliance with Title 20 and Title 21 of the NBMC would deprive the Project of livable floor area as the Property is 25 feet in width which is relatively small. Similarly zoned properties with similar or even larger widths outside of the VE Flood Zone can construct an entryway facing the side yard setback without the necessity of entry stairs. A compliant design would require redesigning the floor plan to pull the two entry stairs out of the side yard setback and into the buildable area of the home. This relocated design would reduce the amount of practical living area by about 92.5 square feet on a modest sized 2,250-square-foot lot. 3. Strict compliance with Title 20 and Title 21 of the NBMC would deprive the Property of direct access from the dwelling onto the front patio that fronts the public beach. Neighboring properties, as well as the existing Property, include patio areas abutting the beach and boardwalk which are directly accessible from the dwelling. Title 20 and Title 21 of the NBMC permit accessory stairs, including guardrails, to be a maximum height of 42 inches from existing grade in the front setback. The Project is designed with steps in the front setback that comply with the 42-inch height allowance. However, the steps lead into the side setback area to connect to the raised balcony and an 18-inch high stairway is infeasible to serve as an accessway between the elevated finished floor and low patio grade. Without stairs in the side setback, residents of the primary dwelling would be required to travel down a stairway that is incorporated into the building area to exit the dwelling with no direct access to the beach or boardwalk. 24 Planning Commission Resolution No. PC2024-013 Page 5 of 19 10-18-21 Finding: C. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; Facts in Support of Finding: 1. Facts in support of Findings A and B are hereby incorporated by reference. 2. The Project is a beachfront property where the dwellings along West Oceanfront have small front patio areas that lead directly onto the boardwalk. The Applicant is requesting a means of direct access to the patio through stairs which encroach into the side setback area that leads to the beach front. Direct access onto the front patio is a significant benefit of the Property that has existed since the residences were originally constructed and is necessary for the enjoyment of the beach front property. 3. In addition to the beach front access, the Property abuts 31st Street along the side of the Property. The Applicant is requesting another set of entry stairs within the side setback that allows for direct access into the dwelling from 31st Street. Without this stairway, the only other way to access the dwelling would be to enter from the garage level and travel up the internal stairway onto the main level with an elevated finished floor. The other properties that have side yards abutting 31st Street have side yard access into the dwelling that complies with Title 20 and Title 21 of the NBMC. Direct access into the dwelling without needing to travel up through the garage level is necessary for the enjoyment of substantial property rights of the Applicant. Finding: D. Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district; Facts in Support of Finding: 1. Facts in support of Finding A are hereby incorporated by reference. 2. Facts in support of Finding C are hereby incorporated by reference. 3. Residences of similar lot size and topography located outside of the VE Flood Zone or constructed prior to the new flood hazard requirements are typically able to accommodate entry stairs in the side yard setbacks without deviations from development standards. The requested deviations for the Project will provide privileges that are consistent with other properties in the vicinity. 4. Further, the City is currently processing an LCPA with the CCC which would allow these encroachments to be permitted without a variance. The amendments to Title 20 (Planning and Zoning) of the NBMC were approved by the City Council on June 27, 25 Planning Commission Resolution No. PC2024-013 Page 6 of 19 10-18-21 2023 (Ordinance No. 2023-10). Therefore, the requested deviations are expected to be typical of new development in the VE Flood Zone. Finding: E. Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood; Facts in Support of Finding: 1. The granting of the entry stairs for the single-unit dwelling is not detrimental to the neighborhood, as it makes up a small portion of the side yard area. The footprint of the two stairs is small at approximately 9 feet wide for the front entry stairs and approximately 18 feet wide for the side entry stairs within a side yard that is 90 feet long. 2. The proposed front entry stairs from the dwelling onto the patio abutting the boardwalk are not detrimental to surrounding properties. The front of the Property abutting the boardwalk is subject to Section 21.30.130 (Traffic Safety Visibility Area) of the NBMC to ensure visibility for pedestrians and cyclists and the first 5 feet of the steps and fence in the front setback are 30 inches in height which complies with the 30-inch height allowance for fence and wall encroachments for this section. Additionally, as conditioned, the guardrails will be designed with open materials (e.g. glass or wrought iron) to lessen the visual impact to neighboring properties. Finding: F. Granting of the variance will not be in conflict with the intent and purpose of this section, this Zoning Code, the General Plan, or any applicable specific plan; Facts in Support of Finding: 1. Granting the variance request would not increase the density beyond what is planned for the area, and will not result in additional traffic, parking, or demand for other services. 2. The two stairways are not in conflict with the intent of the maximum 18-inch height standard in the NBMC. The intent of the Code is to prevent the re-grading of setback areas to be significantly higher than the existing grade and to prevent high raised decks, landings, patios, platforms, steps, or similar structures in the side setbacks that abut neighboring side yards and potentially impact privacy. The proposed stairways are intended for access into the dwelling and will be constructed adjacent to a public street (31st Street) rather than a neighboring property. 3. The Property is not located within a specific plan area.
 26 Planning Commission Resolution No. PC2024-013 Page 7 of 19 10-18-21 Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding G. Conforms to all applicable sections of the certified Local Coastal Program; Facts in Support of Finding: 1. With exception of the requested variance for the entry stair deviations, the Project 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 3,040 square feet and the proposed floor area is 3,039 square feet. b. The Project provides the minimum required setbacks, which are 5 feet along the front property line abutting West Ocean Front, three feet along each side property line, and five feet along the rear alley. c. 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. d. The highest guardrail is less than 24 feet from established grade (17.5 feet NAVD 88) and the highest ridge is no more than 29 feet from established grade, which comply with the maximum height requirements. Pursuant to Section 21.30.060(B) (Mitigation and Monitoring) of the NBMC, the minimum required top of slab elevation for interior living areas of all new development within flood hazard areas shall be as established by the FIRM recognized by the Building Division as part of flood safety requirements and maps adopted by the Council. The Property is located in the VE Flood Zone and the minimum top of slab elevation is required to be a minimum of 17.5 feet NAVD 88. Pursuant to 21.30.060(B) (Mitigation and Monitoring) of the NBMC, the height of a dwelling shall be measured from the top of slab elevation. Therefore, the established grade for the Property is 17.5 feet NAVD 88, and the maximum elevation allowed for a guardrail or flat roof is 41.5 feet NAVD88 and 46.5 feet NAVD 88 for a sloping roof (minimum 3:12 pitch). 2. The neighborhood is predominantly developed with two and three-story, single-unit and two-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 Sea Level Rise Analysis was prepared by GeoSoils, Inc., dated November 13, 2023, for the Project. The report concludes that the project will be 27 Planning Commission Resolution No. PC2024-013 Page 8 of 19 10-18-21 reasonably safe from wave runup, overtopping, and future sea level rise. The estimates assume an approximate 3.2-foot increase from sea level rise over the next 75 years (i.e. the life of the structure). The maximum water elevation is 7.7 NAVD 88; therefore, the future sea level is estimated to reach approximately 10.9 feet NAVD 88 (the likely range for sea level rise over 75-year design life of the structure based on low risk aversion estimates 66% probability for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). Additionally, the maximum water elevation using the medium-high risk aversion estimate (0.5% probability) is 13.7 feet NAVD 88. The finished floor elevation of the first floor of the proposed structure is approximately 17.5 feet NAVD 88, which complies with the minimum 9.0-foot (NAVD 88) elevation standard for new structures and exceeds the minimum requirements for future projected sea level rise (10.9 and 13.7 feet NAVD 88). 4. The Coastal Hazards Report and Sea Level Rise Analysis also evaluates the potential for shoreline erosion and wave attack at the site. The report concludes that future wave runup will likely not reach the site under severely eroded beach conditions and extreme storms. The report states that this section of Newport Beach does experience short term erosion, but that the erosion is temporary and largely the result of an energetic winter. The report concludes that the sandy beach in front of the Property is typically over 340 feet wide and has provided adequate protection for the Property over the last several decades. The Project will not need shoreline protection over the life of the development. 5. The Project will be reviewed for compliance with CBC and FEMA standards prior to issuance of a building permit. The project has been designed with a raised finished floor of 17.5 feet NAVD 88, in compliance with FEMA standards. The residential structure is also required to have a pile foundation. Therefore, although unlikely to occur at the Property over the life of the development, the structure has been designed to withstand potential wave action or overtopping in compliance with the FEMA VE Flood Zone standards. 6. The Project does not include the construction of any shoreline protective devices such as seawalls or bulkheads. By nature, any features below the design flood elevation (16 feet NAVD 88) must be open to allow water to flow freely below the raised foundation. For example, stairs in the side setbacks are required to have open treads so water may flow through them. This is a fundamental building requirement in the VE Flood Zone. This is required for any structures (except those specifically exempted like elevators) that are located below the design flood elevation. Therefore, the proposed encroachments would not result in the creation of new shoreline protective devices. Further, pursuant to Section 21.30.030(C)(3)(i)(iv) (Protective Structures) of the NBMC, the 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). 7. The 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 Section 21.30.015(D)(3)(c) (Waterfront Development Standards) of the NBMC. Both requirements are included as conditions of approval that will need to be 28 Planning Commission Resolution No. PC2024-013 Page 9 of 19 10-18-21 satisfied prior to final building inspection, and prior to the issuance of building permits, respectively. 8. 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 and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 9. The Property is located on a wide beach, approximately 200 feet from the mean high tide line. A Construction Erosion Control Plan was provided to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. The Project also addresses water quality through the inclusion of a post- construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. 10. Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has been prepared for the project by Core Civil Engineering, Inc., dated December 26, 2023. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 11. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. A condition of approval is included that requires drought-tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 12. The Property is not located adjacent to a coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is the Rhine Wharf Pier located over 2,000 feet away and is not visible from the Property. The Project proposes stairs within the side setback adjacent to 31st Street where vehicles typically park along the curb. The Project would not block any existing public views of the beach from 31st Street, nor would it impede any public views or lateral access to the beach. Additionally, the proposed single-unit dwelling complies with all applicable Local Coastal Program (LCP) development standards (with the exception of side setback encroachments) and maintains a building footprint consistent with the existing and expected neighborhood pattern of development. 13. The Property is located in the viewshed of the public beach, which is not a designated viewpoint but provides scenic views of the ocean. The project will replace an existing single- unit dwelling with a new single-unit dwelling that complies with applicable development 29 Planning Commission Resolution No. PC2024-013 Page 10 of 19 10-18-21 standards. The project also complies with the City’s Residential Development Standards and Design Criteria that restrict the location of third floors. Although not required, the project proposes a relatively small third and fourth floor totaling 510 square feet. The third and fourth floors accommodate a lounge area and powder room, which complies the additional 15-foot stepback standards from the front and rear setback lines. Compliance with third floor standards minimize the appearance of bulk and scale from the adjacent beach, neighboring properties, and street. Further, the area of encroachment will not impede the views of the public beach as viewed down 31st Street and the guardrails will be made of open material to lessen any potential visual impacts. 14. The Project would be constructed with a finished floor that is approximately 7 feet above the existing beach elevation and the overall height of the structure will appear higher than neighboring properties. However, as the other 165 properties along the beach from 24th Street to 48th Street redevelop, they will also be required to comply with the VE Flood Zone construction standards that necessitate raised foundations on caissons. 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 H. 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 Property is located between the nearest public road and the sea or shoreline. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the Project’s impact and be proportional to the impact. In this case, the Project replaces an existing single-unit dwelling located on standard R-2 lot with a new single-unit dwelling. 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. 2. The Property is located adjacent to the West Oceanfront boardwalk, which serves as lateral access and provides a path along the beach for pedestrian and bicycle use. The Project does not include a feature that would impede access to the boardwalk. Further, the steps and walls within the front setback do not exceed the maximum height of 42 inches and do not create a visual impact within the front setback area abutting the boardwalk. 3. Vertical access to the beach is available at the 31st Street end from Balboa Boulevard as well as at the 32nd Street end from Seashore Drive. The Property is on the corner of 31st Street and the West Oceanfront alley in the rear of the Property as well as intersection of 31st Street to the public boardwalk and must comply with Section 21.30.130 (Traffic and Safety Visibility Area) of the NBMC that limits the height of fences, walls, hedges, and accessory structures in the 15-foot triangular intersection of the right-of-way and alley and five-foot triangular intersection of the right-of-way and boardwalk. The Project is designed 30 Planning Commission Resolution No. PC2024-013 Page 11 of 19 10-18-21 with low accessory structures in the traffic safety visibility area in compliance with this section. In accordance with Section 21.52.090 (Relief from Implementation Plan Development Standards) of the NBMC, the Planning Commission may approve a waiver to a development standard of the Implementation Plan only after making the following findings: Finding: I. The Planning Commission has considered the following: i. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and ii. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources; Facts in Support of Finding: 1. The proposed deviations for entry stairs within side setbacks are designed to be consistent with the LCP to the maximum extent feasible. The deviations are also consistent with the LCPA that is currently being processed with the CCC. The proposed top of landing height for the staircases is approximately 6 feet, which exceeds the maximum 18-inch height requirements for steps in the side yard setback. The existing grade below the proposed stair is 10.67 feet NAVD 88, which is 6.83 feet lower than the required 17.5-foot finished floor for the dwelling. An exterior entryway into the dwelling is not feasible without relief from the maximum stair and fence height limits. The applicant is seeking relief from the maximum 18-inch height limit in the side yard setback area in order to provide access from the dwelling to the patio area that fronts the boardwalk and to 31st Street along the side of the Property. Both sets of stairs are designed to the minimum height necessary to provide access to the dwelling while meeting safety standards of the CBC. 2. An alternative to the side yard entry stairs near the center of the Property is to have the entrance door at the side yard grade level and to design a stair system within the buildable area. Stairs within the buildable area count as floor area but reduce the opportunity for practical living areas such as living rooms and bedrooms. The Project is already significantly impacted by the minimum design requirements of the VE Flood Zone. Interior stairs would not provide greater consistency with the LCP and are not more protective of coastal resources. 3. Similarly, an alternative for the entry stair near the front of the Property is to reduce the livable floor area of the dwelling and to construct the staircase within the buildable area outside of the front and side setbacks. However, the lot is not excessively large at 2,250 square feet, and implementing a staircase within the buildable area would reduce the amount of livable area dedicated to the living room. A front access point that leads to 31 Planning Commission Resolution No. PC2024-013 Page 12 of 19 10-18-21 the beach would typically be permitted in front setbacks, and in this case only requires deviation for height due to the new flood hazard regulations in the VE Flood Zone. Relocating the staircase into the buildable area would not provide greater consistency with the LCP and is not more protective of coastal resources. 4. The lot is 2,250 square feet and 25 feet wide and implementing a staircase within the buildable area would reduce the amount of livable area dedicated to the living room as well as the functionality of that room. The portion of the entry stairs fronting West Oceanfront and the public beach within the front setback are approximately 30 inches from existing grade where the maximum allowed height is 42 inches which will lessen the visual impact to the public. Finding: J. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district. Fact in Support of Finding: 1. Fact in support of Finding A are hereby incorporated by reference. Finding: K. The variance complies with the findings required to approve a coastal development permit in NBMC Section 21.52.015(F). Fact in Support of Finding: 1. Facts in support of Finding G and H are hereby incorporated by reference. Finding: L. The variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Facts in Support of Finding: 1. Facts 11 and 12 in support of Finding G are hereby incorporated by reference. 2. Facts in support of Finding H are hereby incorporated by reference. Finding: 32 Planning Commission Resolution No. PC2024-013 Page 13 of 19 10-18-21 M. The variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas. Facts in Support of Finding: 1. Facts 11 and 12 in support of Finding G are hereby incorporated by reference. 2. Although the Property allows for 6-foot-tall walls in the side setback, the side of the Property along 31st Street with the Project encroachments is designed with low 8-inch planter walls and landscaping that will soften the visual impacts of the building mass. Further, the entry stairs are comprised of two separate smaller stairs rather than two large connecting staircases and are designed with guardrails made of open material to lessen the visual impacts to neighboring properties and visitors walking towards the boardwalk. Finding: N. The variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation or wildlife species. Fact in Support of Finding: 1. The Property is not located on or near coastal resources such as wetlands, sensitive habitat, vegetation, or wildlife species. There are no other known coastal resources in the immediate area that could be affected by the Project. Finding: O. The granting of the variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the Local Coastal Program. Fact in Support of Finding: 1. Facts in support of Finding G are hereby incorporated by reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission 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. 33 Planning Commission Resolution No. PC2024-013 Page 14 of 19 10-18-21 2. The Planning Commission of the City of Newport Beach hereby approves PA2024-0013 to allow a Variance and Coastal Development Permit, subject to the conditions set forth in Exhibit “A”, which is attached hereto and incorporated herein by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 (Local Coastal Implementation Plan), of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the NBMC and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the California Public Resources Code. 4. This resolution supersedes Variance No. VA0827 which upon vesting of the rights authorized by this Variance and Coastal Development Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 20th DAY OF JUNE, 2024. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Curtis Ellmore, Chair BY:_________________________ Tristan Harris, Secretary Attachment(s): Exhibit A – Conditions of Approval 34 Planning Commission Resolution No. PC2024-013 Page 15 of 19 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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 Variance and Coastal Development Permit. 4. This Variance and Coastal Development Permit filed as PA2024-0013 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. This Variance and Coastal Development Permit may be modified or revoked by the Planning Commission should they determine 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 the Property or improvements in the vicinity or if the Property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Variance and Coastal Development Permit or the processing of a new Variance and Coastal Development Permit. 7. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. The guardrails and handrails located within the side setbacks (associated with the stair encroachments) shall be constructed of glass or open material so that 40% of the guardrails are open throughout. 9. Prior to the issuance of building permits, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 35 Planning Commission Resolution No. PC2024-013 Page 16 of 19 10-18-21 10. 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. 11. Prior to final building permit inspection, an agreement in a form approved by the City Attorney between the 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 Owners and successors and assigns. 12. Prior to the issuance of a building permit, the Owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of development. This letter shall be scanned into the plan set prior to building permit issuance. 13. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 36 Planning Commission Resolution No. PC2024-013 Page 17 of 19 10-18-21 14. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 15. 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. 16. 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. 17. 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. 18. 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 19. 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 property owner or the leasing agent. 20. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 21. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 of the Newport Beach Municipal Code. 37 Planning Commission Resolution No. PC2024-013 Page 18 of 19 10-18-21 22. To the fullest extent permitted by law, the 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 Ahmed Residence including, but not limited to a variance and coastal development permit. 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. Building Division 23. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 24. The Applicant shall employ the following best available control measures (“BACMs”) to reduce construction-related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off-Site Impacts. • Encourage car pooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non-peak traffic hours. • Sandbag construction sites for erosion control. 38 Planning Commission Resolution No. PC2024-013 Page 19 of 19 10-18-21 Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top 6-inch surface layer, subject to review/discretion of the geotechnical engineer. 25. Prior to the issuance of a grading permit, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the Project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 26. A list of “good housekeeping” practices will be incorporated into the long-term post- construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 27. Walls located below the Design Flood Elevation (DFE) shall be designed as breakaway walls per the National Flood Insurance Program (NFIP) 60.3(e)(5). 28. Elevators shall be designed per the American Society of Civil Engineers (ASCE) 24 Section 7.5. 29. Stairs located below the DFE shall be constructed of flood damage resistant material and be of open design per NFIP 60.3(e)(5) and ASCE 24 Section 8.1. Public Works Department 30. The Applicant shall install a new sewer clean out on the existing sewer lateral per City Standard 406. 31. The Applicant shall provide a five-foot-by-five-foot Traffic Safety Visibility sight triangle at the corner of 31st Street and the West Oceanfront boardwalk. Accessory structures and obstructions within this sight triangle shall be limited to 30-inches in height. 39 INTENTIONALLY BLANK PAGE40 Attachment No. PC 2 Project Description 41 INTENTIONALLY BLANK PAGE42   470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983 Members AIA & NCARB • www.customarchitecture.com Energy Conscious Design     Variance Request – 3100 W. Ocean Front (Ahmed Residence)    Project Description:  Demolish an existing single‐family residence and construct a new 3‐story 2,669 square foot single‐family  residence with an attached 370 square foot 2‐car garage in the FEMA VE‐15 Flood Zone. The proposed  residence features a contemporary design with balconies and decks, and a third floor which is stepped  back to reduce bulk and mass. The proposed structure includes a raised foundation at 17.50 feet NAVD  88, which is supported by caissons to meet the minimum finished floor requirements of the FEMA VE‐15  Flood Zone. The structures below the required base flood elevation are designed as breakaway walls to  be consistent with ASCE 24 (American Society of Civil Engineers) Section 4.5.12. The project includes  hardscape, walls, landscaping, and drainage facilities.    Variance Request  A variance is requested for two staircases to exceed the maximum height limit in a side and front yard  setback, which are required by the Zoning Code and certified LCP Implementation Plan. A raised floor  elevation required for properties within the FEMA VE‐15 Flood Zone creates a special circumstance were  the strict application of the development standards otherwise applicable to the property denies the  property owner privileges enjoyed by other property owners in the vicinity and in the same zoning  district.  Section 20.52.090.F (Variances, Findings and Decision) of the Zoning Code requires the Planning  Commission to make the following findings before approving a variance:    Variance Justification  1. There are special or unique circumstances or conditions applicable to the subject property (e.g.  location, shape, size, surrounding, topography, or other physical features) that do not apply  generally to other properties in the vicinity under an identical zoning classification:  Due to the FEMA VE Flood Zone Hazard requirements, the first‐floor level must be raised above the  flood elevation 15.0 feet NAVD. Stairs are necessary to access the first floor from the lower existing side  yard grade, as well as provide emergency egress from the house to a public way. Locating the stairs in  the side yard provides reasonable access to the house without reducing the livable square footage  opportunity that is provided to other properties in the immediate area.  43 Page 2  470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983 Members AIA & NCARB • www.customarchitecture.com Energy Conscious Design   2. Strict compliance with Zoning Code requirements would deprive the subject property of  privileges enjoyed by other properties in the vicinity and under and identical zoning  classification:   Strict application of current Zoning Code requirements results in relocating the stairs within area that  would otherwise be used as livable floor area. This would create a reduction of usable livable area  compared to other properties in the vicinity which would deprive the subject property of a privilege  enjoyed by others within an identical zoning classification.    3. Granting of the Variance is necessary for the preservation and enjoyment of substantial  property rights of the applicant:  Strict compliance with current Zoning Code requirements results in an incompatible FAR for the lot  when compared with other lots in the immediate vicinity and therefore the granting of a variance to the  allow this encroachment into the side yard setback is necessary for the preservation and enjoyment of  substantial property rights of the property owner. In addition, other properties in the FEMA VE‐15 flood  zone with the same zoning classification have been granted similar variances for stairways.  4. Granting of the Variance will not constitute a grant of special privilege inconsistent with the  limitations on other properties in the vicinity and in the same zoning district:  The granting of this variance will provide this property with the same privileges that are enjoyed by  other properties in the vicinity. Requiring the access stair to be located within the setbacks  disproportionately impacts the property owner’s ability to develop the property. And, as previously  noted, other property owners in the vicinity and same zoning district have been granted similar  variances.  5. Granting of the Variance will not be detrimental to the harmonious and orderly growth of the  city, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience,  health, interest, safety, or general welfare of persons residing or working in the neighborhood;   The granting of the Variance to encroach into the side yard setback will not be detrimental to the  harmonious and orderly growth of the city, or endanger, jeopardize, or otherwise constitute a hazard to  the public convenience, health, interest, safety, or general welfare of persons residing or working in the  neighborhood.  6. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this  Zoning Code, the General Plan, or any applicable specific plan.  The City Council has already approved an amendment to the zoning code which would allow access  stairs to be located within the side yard setback for properties in the FEMA VE‐15 flood zone.  Ratification of that amendment is pending California Coastal Commission review. Processing this as a  variance is still required until that review and approval has been complete. Granting this variance will  not be in conflict with the intent and purpose of the Zoning Code, the General Plan, or any applicable  specific plan.  44 Attachment No. PC 3 Project Plans 45 INTENTIONALLY BLANK PAGE46 47 48 49 50 51 52 53 54 55 56 BREAKAWAY WALL12" WIDTH x 8" DEEPTIE BEAM, TYP.4" CONCRETE SLABw/ O REINFORCEMENTSLAB SLOPEBREAKAWAY WALL, TYP.36" DIA. CAISSON &CONCRETE COLUMN, TYP.36" DIA. CAISSON, TYP.12" WIDTH x 24" DEEPGRADE BEAM, TYP.12" WIDTH x 24" DEEPGRADE BEAM, TYP.BREAKAWAY WALL8" W.x 2'-0 HIGHRETAINING WALLSTEPCANT. 12" WIDTH x 24" DEEPGRADE BEAM18" DIA. CAISSON, TYP.12" DEEP SLAB@ ELEVATOR PIT6" CMU BREAKAWAY WALL(E) SITE WALL(N) +6' SITE WALLPROPERTY LINESFOOTING SCHEDULELEGENDFOUNDATION NOTES1. REFER TO SHEET S-0.10 FOR MORE INFORMATION.2. CONTRACTOR IS RESPONSIBLE FOR VERIFYING PREFABRICATED SHEAR WALLS AND MATCHTOP PLATE HEIGHT AND WALL WIDTH AND NOTIFY ENGINEER OF RECORD IF DIFFERENTTHAN PLANS.3. TOP OF ALL EXTERIOR FOOTING, GRADE BEAM FOOTING, PAD FOOTING, OR FLAG POLEFOOTING TO BE MIN. 6" BELOW FINISH GRADE.4. FOR NON-SHEAR WALLS, MASA/MASAP MUDSILL ANCHORS CAN BE USED IN LIEU OFANCHOR BOLTS WITH END DISTANCE OF 4" MIN. PER ESR #2555.5. FOR DOUBLE SHEAR PANEL TYPES SW3, SW4, SW5 USE MIN. 3X6 SILL PLATES U.N.O.6. SEE DETAIL SUCH AND SUCH FOR HOLDOWN INSTALLATIONDENOTES HOLDOWN PER SCHEDULEDENOTES SLAB STEP PER ARCH. (VERIFY PRIOR TO CONSTRUCTION)DENOTES FOOTINGDENOTES DETAIL SHEET NUMBERDENOTES DETAIL NUMBERPAD SIZESYMBOL2'-0" SQ. x 24" THICK2'-6" SQ. x 24" THICK3'-0" SQ. x 24" THICK3'-6" SQ. x 24" THICK4'-0" SQ. x 24" THICK4'-6" SQ. x 24" THICK5'-0" SQ. x 24" THICK5'-6" SQ. x 24" THICKXSDXDENOTES SHEAR PANEL LENGTHDENOTES PANEL TYPE, REFER TO SHEARWALL SCHEDULESTEPREINFORCEMENT(3) #4 E.W.(4) #4 E.W.(4) #4 E.W.(5) #4 E.W.(6) #4 E.W.(6) #4 E.W.(7) #5 E.W.(7) #5 E.W.XXX'-X"PF1PF2PF3PF4PF5PF6PF7PF8DENOTES POST OR TRIMMER AS NOTEDCF1CONT. W=12", D=24"(2) #5 TOP & BOTTOMDENOTES CAISSON TYPE PER SCHEDULE IN DETAIL 8/SD5.0DENOTES BREAKWAYS 350S162-33 CFS STUDS @ 16" O.C.HOLDOWN SCHEDULEREFER TO DETAIL1/SD1.0 & 11/SD1.0SYMBOL SIMPSON HOLDOWN USP HOLDOWNNOTESSTAD10STAD14HTT22PHD8UPHD11HDU11HDU8HTT5STHD14STHD10HD1HD2HD3HD4HD5UPHD14HDU14HD6PXFRAMING SCHEDULEFOUNDATION PLANSCALE : 1/4" = 1'-0"5 4 3 1 2 R E V I S I O N DATE SHEET NO.: PROJECT MANAGER: S.W.DATE:JOB NO.: 2322701/18/2024Project Address: AHMED RESIDENCE 3100 W OCEANFRONT, NEWPORT BEACH, CA Project Name: DESCRIPTIONNOT FOR CONSTRUCTION6 Core Structure, Inc.23172 Plaza Pointe Dr.Suite #145Laguna Hills, CA 92653Phone: 949-954-7244info@corestructure.comFrom The Ground UpS-1.0FOUNDATION PLAN PROPERTY LINE PER SITE PLAN57 SHEET NO.:APPROVED BYDATENO.REVISIONSPROJECT NO.:OWNER/SUBDIVIDER: AHMED RESIDENCE23227PLANS PREPARED BY:HASSAN AHMED3100 W. OCEANFRONT, NEWPORTBEACH, CA 926633100 W Oceanfront, NewportBeach, CA 92663PROJECT ADDRESSC-1TITLE SHEETSITE1. ALL WORK SHALL CONFORM TO CHAPTER 15 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC), THE PROJECT SOILS REPORT AND SPECIALREQUIREMENTS OF THE PERMIT.2. DUST SHALL BE CONTROLLED BY WATERING AND/OR DUST PALLIATIVE.3. SANITARY FACILITIES SHALL BE MAINTAINED ON THE SITE DURING THE CONSTRUCTION PERIOD.4. WORK HOURS ARE LIMITED FROM 7:00 AM TO 6:30 PM MONDAY THROUGH FRIDAY; 8:00 AM TO 6:00 PM SATURDAYS; AND NO WORK ON SUNDAYSAND HOLIDAYS PER SECTION 10-28 OF THE NBMC.5. NOISE, EXCAVATION, DELIVERY AND REMOVAL SHALL BE CONTROLLED PER SECTION 10-28 OF THE NBMC.6. THE STAMPED SET OF APPROVED PLANS SHALL BE ON THE JOB SITE AT ALL TIMES.7. PERMITTEE AND CONTRACTOR ARE RESPONSIBLE FOR LOCATING AND PROTECTING UTILITIES.8. APPROVED SHORING, DRAINAGE PROVISIONS AND PROTECTIVE MEASURES MUST BE USED TO PROTECT ADJOINING PROPERTIES DURING THEGRADING OPERATION.9. CESSPOOLS AND SEPTIC TANKS SHALL BE ABANDONED IN COMPLIANCE WITH THE UNIFORM PLUMBING CODE AND APPROVED BY THE BUILDINGOFFICIAL.10. HAUL ROUTES FOR IMPORT OR EXPORT OF MATERIALS SHALL BE APPROVED BY THE CITY TRAFFIC ENGINEER AND PROCEDURES SHALLCONFORM WITH CHAPTER 15 OF THE NBMC.11. POSITIVE DRAINAGE SHALL BE MAINTAINED AWAY FROM ALL BUILDING AND SLOPE AREAS.12. FAILURE TO REQUEST INSPECTIONS AND/OR HAVE REMOVABLE EROSION CONTROL DEVICES ON-SITE AT THE APPROPRIATE TIMES SHALLRESULT IN A "STOP WORK" ORDER.13. ALL PLASTIC DRAINAGE PIPES SHALL CONSIST OF PVC OR ABS PLASTIC SCHEDULE 40 OR SDR 35 OR ADS 3000 WITH GLUED JOINTS.14. NO PAINT, PLASTER, CEMENT, SOIL, MORTAR OR OTHER RESIDUE SHALL BE ALLOWED TO ENTER STREETS, CURBS, GUTTERS OR STORMDRAINS. ALL MATERIAL AND WASTE SHALL BE REMOVED FROM THE SITE.1. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTOR WILL BEREQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITION DURING THE COURSE OF CONSTRUCTION OF THEPROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY. THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BELIMITED TO NORMAL WORKING HOURS. CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGNPROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THISPROJECT, EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF DESIGN PROFESSIONAL.2. IF THIS PROJECT IS STAKED BY SURVEY CREWS OTHER THAN THOSE CREWS UNDER THE DIRECT SUPERVISION OF THE SIGNATORY ENGINEER, THESIGNATORY ENGINEER WILL NO LONGER BE THE ENGINEER OF RECORD AND WILL HAVE NO RESPONSIBILITY AS TO THE FINAL CONSTRUCTEDPROJECT. THE SIGNATORY ENGINEER WILL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS THAT COULD HAVE BEEN CORRECTED DURING THECONSTRUCTION OF THIS PROJECT, IF THE STAKING HAD BEEN DONE BY THE SURVEY CREW UNDER HIS DIRECT SUPERVISION.3. THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTILITIES OR STRUCTURES SHOWN ON THESE PLANS ARE OBTAINED BY A SEARCH OFAVAILABLE RECORDS TO THE BEST OF OUR KNOWLEDGE. THE CONTRACTOR IS REQUIRED TO TAKE ALL PRECAUTIONARY MEASURES TO PROTECTTHE UTILITIES SHOWN, AND ANY OTHER LINES OR STRUCTURES NOT SHOWN ON THESE PLANS, AND IS RESPONSIBLE FOR THE PROTECTION OF,AND ANY DAMAGE TO THESE LINES OR STRUCTURES.SHEET INDEXTITLE SHEETC-1PRECISE GRADING & DRAINAGE PLANC-2SECTIONS & DETAILS C-3EROSION CONTROL PLANC-4OWNERHASSAN AHMEDADDRESS: 3100 W. OCEANFRONT, NEWPORT BEACH, CA 92663ARCHITECTBRION JEANNETTE ARCHITECTURE.ADDRESS: 470 OLD NEWPORT BOULEVARD, NEWPORT BEACH, CA 92663PHONE: (949) 645-5854FAX: (949) 645-5983EMAIL: info@bja-inc.comSOIL ENGINEERSTONEY-MILLER CONSULTANTS, INC.ADDRESS: 33 JOURNEY, SUITE 200, ALISO VIEJO, CA 92656PHONE: (949) 380-4886CIVIL ENGINEERCORE CIVIL INC.23172 PLAZA POINTE DRIVE, SUITE #145LAGUNA HILLS, CA 92653PHONE: 949-954-7244SURVEYORRDM SURVEYING INC.ADDRESS: 23016 LAKE FOREST DRIVE #409 LAGUNA HILLS, CA 92653PHONE: (949) 858-2924PHONE: (949) 422-1869EMAIL: rdmsurveying@cox.netBENCH MARKBENCH MARK #J-782DATUM: NAVD88ELEVATION: 7.142LEGEAL DESCRIPTIONLOT 1, BLOCK 31 OF MAP OF NEWPORT BEACHAPN 047-081-21EARTH WORK QUANTITYCUT84.29 C.Y.FILL0.09 C.Y.IMPORT0.0 C.Y.EXPORT84.20 C.Y.LOT SIZE:2250 SQ-FTTOTAL IMPERVIOUS AREA:2250 SQ-FTNOTE:QUANTITIES SHOWN HERE ON ARE FOR PERMIT AND/OR BONDING PURPOSE ONLY.SECTION 4216 / 4217 OF THE GOVERNMENT CODEREQUIRES A DIGALERT IDENTIFICATION NUMBER BEISSUED BEFORE A "PERMIT TO EXCAVATE" WILL BEVALID. FOR YOU DIGALERT I.D. NUMBER CALLUNDERGROUND SERVICE ALERT TOLL FREE1-800-422-4133 TOW WORKING DAY BEFORE YOU DIG.1. AN AS-BUILT GRADING PLAN SHALL BE PREPARED BY THE CIVIL ENGINEER INCLUDING ORIGINAL GROUND SURFACE ELEVATIONS, AS GRADEDGROUND SURFACE ELEVATIONS, LOT DRAINAGE PATTERNS AND LOCATIONS, AND ELEVATIONS OF ALL SURFACE AND SUBSURFACE DRAINAGEFACILITIES. HE/SHE SHALL PROVIDE WRITTEN APPROVAL THAT THE WORK WAS DONE IN ACCORDANCE WITH THE FINAL APPROVED GRADINGPLAN AND STATE THE NUMBER OF YARDS OF CUT AND/OR FILL MOVED DURING THE OPERATION.2. A SOILS GRADING REPORT PREPARED BY THE SOILS ENGINEER, INCLUDING LOCATIONS AND ELEVATION OF FIELD DENSITY TESTS. SUMMARIESOF FIELD AND LABORATORY RESULTS AND OTHER SUBSTANTIATED DATA AND COMMENTS ON ANY CHANGES MADE DURING GRADING ANDTHEIR EFFECT ON THE RECOMMENDATIONS MADE IN THE SOILS ENGINEERING INVESTIGATION REPORT. HE SHALL PROVIDE WRITTENAPPROVAL AS TO THE ADEQUACY OF THE SITE FOR THE INTENDED USE AND COMPLETION OF WORK IN ACCORDANCE WITH THE JOBSPECIFICATIONS.3. A GEOLOGIC GRADING REPORT PREPARED BY THE ENGINEERING GEOLOGIST, INCLUDING A FINAL DESCRIPTION OF THE GEOLOGY OF THESITE, INCLUDING ANY NEW INFORMATION DISCLOSED DURING THE GRADING AND THE EFFECT OF SAME ON RECOMMENDATIONSINCORPORATED IN THE APPROVED GRADING PLAN. HE/SHE SHALL PROVIDE WRITTEN APPROVAL AS TO THE ADEQUACY OF THE SITE FOR THEINTENDED USE AS AFFECTED BY GEOLOGIC FACTORS.GENERAL NOTESEROSION CONTROLREQUIRED INSPECTIONSGRADING FILLS/CUTS1. GRADED SLOPES SHALL BE NO STEEPER THAN 2 HORIZONTAL TO 1 VERTICAL.2. FILL SLOPES SHALL BE COMPACTED TO NO LESS THAN 90 PERCENT RELATIVE COMPACTION OUT TO THE FINISHED SURFACE.3. ALL FILLS SHALL BE COMPACTED THROUGHOUT TO A MINIMUM OF 90 PERCENT RELATIVE COMPACTION AS DETERMINED BY ASTM TESTMETHOD 1557, AND APPROVED BY THE SOILS ENGINEER. COMPACTION TESTS SHALL BE PERFORMED APPROXIMATELY EVERY TWO FEET INVERTICAL HEIGHT AND OF SUFFICIENT QUANTITY TO ATTEST TO THE OVERALL COMPACTION EFFORT APPLIED TO THE FILL AREAS.4. AREAS TO RECEIVE FILL SHALL BE CLEARED OF ALL VEGETATION AND DEBRIS, SCARIFIED AND APPROVED BY THE SOILS ENGINEER PRIOR TOPLACING OF THE FILL.5. FILLS SHALL BE KEYED OR BENCHED INTO COMPETENT MATERIAL.6. ALL EXISTING FILLS SHALL BE APPROVED BY THE SOILS ENGINEER OR REMOVED BEFORE ANY ADDITIONAL FILLS ARE ADDED.7. ANY EXISTING IRRIGATION LINES AND CISTERNS SHALL BE REMOVED OR CRUSHED IN PLACE AND BACKFILLED AND APPROVED BY THE SOILSENGINEER.8. THE ENGINEERING GEOLOGIST AND SOILS ENGINEER SHALL, AFTER CLEARING AND PRIOR TO THE PLACEMENT OF FILL IN CANYONS, INSPECTEACH CANYON FOR AREAS OF ADVERSE STABILITY AND DETERMINE THE PRESENCE OF, OR POSSIBILITY OF FUTURE ACCUMULATION OF,SUBSURFACE WATER OR SPRING FLOW. IF NEEDED, DRAINS WILL BE DESIGNED AND CONSTRUCTED PRIOR TO THE PLACEMENT OF FILL INEACH RESPECTIVE CANYON.9. THE EXACT LOCATION OF THE SUBDRAINS SHALL BE SURVEYED IN THE FIELD FOR LINE AND GRADE.10. ALL TRENCH BACKFILLS SHALL BE COMPACTED THROUGHOUT TO A MINIMUM OF 90 PERCENT RELATIVE COMPACTION, AND APPROVED BY THESOILS ENGINEER. THE BUILDING DEPARTMENT MAY REQUIRE CORING OF CONCRETE FLAT WORK PLACED OVER UNTESTED BACKFILLS TOFACILITATE TESTING.11. THE STOCKPILING OF EXCESS MATERIAL SHALL BE APPROVED BY THE BUILDING DEPARTMENT.12. LANDSCAPING OF ALL SLOPES AND PADS SHALL BE IN ACCORDANCE WITH CHAPTER 15 OF THE NBMC.13. ALL CUT SLOPES SHALL BE INVESTIGATED BOTH DURING AND AFTER GRADING BY AN ENGINEERING GEOLOGIST TO DETERMINE IF ANYSTABILITY PROBLEM EXISTS. SHOULD EXCAVATION DISCLOSE ANY GEOLOGICAL HAZARDS OR POTENTIAL GEOLOGICAL HAZARDS, THEENGINEERING GEOLOGIST SHALL RECOMMEND AND SUBMIT NECESSARY TREATMENT TO THE BUILDING DEPARTMENT FOR APPROVAL.14. WHERE SUPPORT OR BUTTRESSING OF CUT AND NATURAL SLOPES IS DETERMINED TO BE NECESSARY BY THE ENGINEERING GEOLOGIST ANDSOILS ENGINEER, THE SOILS ENGINEER WILL OBTAIN APPROVAL OF DESIGN, LOCATION AND CALCULATIONS FROM THE BUILDING DEPARTMENTPRIOR TO CONSTRUCTION.15. THE ENGINEERING GEOLOGIST AND SOILS ENGINEER SHALL INSPECT AND TEST THE CONSTRUCTION OF ALL BUTTRESS FILLS AND ATTEST TOTHE STABILITY OF THE SLOPE AND ADJACENT STRUCTURES UPON COMPLETION.16. WHEN CUT PADS ARE BROUGHT TO NEAR GRADE THE ENGINEERING GEOLOGIST SHALL DETERMINE IF THE BEDROCK IS EXTENSIVELYFRACTURED OR FAULTED AND WILL READILY TRANSMIT WATER. IF CONSIDERED NECESSARY BY THE ENGINEERING GEOLOGIST AND SOILSENGINEER, A COMPACTED FILL BLANKET WILL BE PLACED.17. THE ENGINEERING GEOLOGIST SHALL PERFORM PERIODIC INSPECTIONS DURING GRADING.18. NOTIFICATION OF NONCOMPLIANCE: IF, IN THE COURSE OF FULFILLING THEIR RESPONSIBILITY, THE CIVIL ENGINEER, THE SOILS ENGINEER, THEENGINEERING GEOLOGIST OR THE TESTING AGENCY FINDS THAT THE WORK IS NOT BEING DONE IN CONFORMANCE WITH THE APPROVEDGRADING PLANS, THE DISCREPANCIES SHALL BE REPORTED IMMEDIATELY IN WRITING TO THE PERSON IN CHARGE OF THE GRADING WORKAND TO THE BUILDING INSPECTOR. RECOMMENDATIONS FOR CORRECTIVE MEASURES, IF NECESSARY, SHALL BE SUBMITTED TO THE BUILDINGDEPARTMENT FOR APPROVAL.1. TEMPORARY EROSION CONTROL PLANS ARE REQUIRED FROM OCTOBER 15 TO MAY 15.2. EROSION CONTROL DEVICES SHALL BE AVAILABLE ON-SITE BETWEEN OCTOBER 15 AND MAY 15.3. BETWEEN OCTOBER 15 AND MAY 15, EROSION CONTROL MEASURES SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHENEVER THEFIVE-DAY PROBABILITY OF RAIN EXCEEDS 30 PERCENT. DURING THE REMAINDER OF THE YEAR, THEY SHALL BE IN PLACE AT THE END OF THEWORKING DAY, WHENEVER THE DAILY RAINFALL PROBABILITY EXCEEDS 50 PERCENT.4. TEMPORARY DESILTING BASINS, WHEN REQUIRED, SHALL BE INSTALLED AND MAINTAINED FOR THE DURATION OF THE PROJECT.1. A PRE-GRADING MEETING SHALL BE SCHEDULED 48 HOURS PRIOR TO START OF GRADING WITH THE FOLLOWING PEOPLE PRESENT: OWNER,GRADING CONTRACTOR, DESIGN CIVIL ENGINEER, SOILS ENGINEER, GEOLOGIST, CITY BUILDING INSPECTOR OR THEIR REPRESENTATIVES.REQUIRED FIELD INSPECTIONS WILL BE OUTLINED AT THE MEETING.2. A PRE-PAVING MEETING SHALL BE SCHEDULED 48 HOURS PRIOR TO START OF THE SUB-GRADE PREPARATION FOR THE PAVING WITH THEFOLLOWING PEOPLE PRESENT: OWNER, PAVING CONTRACTORS, DESIGN CIVIL ENGINEER, SOILS ENGINEER, CITY BUILDING INSPECTOR ORTHEIR REPRESENTATIVES. REQUIRED FIELD INSPECTIONS WILL BE OUTLINED AT THE MEETING.DOCUMENTATIONNOTEISSUANCE OF A BUILDING PERMIT BY THE CITY OF NEWPORT BEACH DOES NOT RELIEVE APPLICANTS OF THE LEGAL REQUIREMENTS TO OBSERVECOVENANTS, CONDITIONS, AND RESTRICTIONS WHICH MAY BE RECORDED AGAINST THE PROPERTY OR TO OBTAIN PLANS. YOU SHOULD CONTACTYOUR COMMUNITY ASSOCIATIONS PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION AUTHORIZED BY THIS PERMIT.PRIOR TO PERFORMING ANY WORK IN THE CITY RIGHT-OF-WAY, AN ENCROACHMENT PERMIT MUST BE OBTAINED FROM THE PUBLIC WORKDEPARTMENT.NOTICE TO CONTRACTORNOTE TO SURVEYORADDITIONAL NOTEPUBLIC WORKS NOTESURVEYOR TO FILE A CORNER RECORD OR RECORD OF SURVEY WITH THE OFFICE OF COUNTY SURVEYOR. EVIDENCE OF FILING SHALL BE SUBMITTEDTO BUILDING INSPECTOR PRIOR TO FOUNDATION INSPECTION.SURVEYOR OR ENGINEER SHALL PERMANENTLY MONUMENT PROPERTY CORNERS OR OFFSET BEFORE STARTING GRADING.1. LICENSED SURVEYOR TO PROVIDE MONITORING OF SHORING AND IMPROVEMENTS ON THE ADJACENT PROPERTIES AND SUBMIT RESULTS WITH AREPORT TO THE SHORING DESIGN ENGINEER AND TO THE BUILDING INSPECTOR ON A DAILY BASIS DURING EXCAVATION AND SHORING ANDWEEKLY BASIS THEREAFTER. WHERE DEWATERING IS REQUIRED, MONITORING SHALL CONTINUE UNTIL DEWATERING IS STOPPED.2. IN LIEU OF SPECIAL INSPECTION BY DEPUTY BUILDING INSPECTOR, GEOTECHNICAL ENGINEER SHALL PROVIDE CONTINUOUS INSPECTIONS DURINGSHORING AND EXCAVATION OPERATIONS AND DURING REMOVAL OF SHORING.3. CONTRACTOR SHALL NOTIFY ADJACENT PROPERTY OWNER BY CERTIFIED MAIL 10 DAYS PRIOR TO STARTING THE SHORING OR EXCAVATIONWORK.1. AN APPROVED ENCROACHMENT PERMIT IS REQUIRED FOR ALL WORK ACTIVITIES WITHIN THE PUBLIC RIGHT-OF-WAY.2. A PUBLIC WORKS DEPARTMENT ENCROACHMENT PERMIT INSPECTION IS REQUIRED BEFORE THE BUILDING PERMIT FINAL CAN BE ISSUED. AT THETIME OF PUBLIC WORKS DEPARTMENT INSPECTION, IF ANY OF THE EXISTING PUBLIC IMPROVEMENTS SURROUNDING THE SITE IS DAMAGED, NEWCONCRETE SIDEWALK, CURB AND GUTTER, AND ALLE/STREET PAVEMENT WILL BE REQUIRED. ADDITIONALLY, IF EXISTING UTILITIESINFRASTRUCTURE ARE DEEMED SUBSTANDARD, A NEW 1-INCH WATER SERVICE, WATER METER BOX, SEWER LATERAL AND/OR CLEANOUT WITHBOX AND LID WILL BE REQUIRED. 100% OF THE COST SHALL BE BORNE BY THE PROPERTY OWNER (MUNICIPAL CODES 14.24.020 AND 14.08.030).SAID DETERMINATION AND THE EXTENT OF THE REPAIR WORK SHALL BE MADE AT THE DISCRETION OF THE PUBLIC WORK INSPECTOR.3. AN ENCROACHMENT AGREEMENT IS REQUIRED FOR ALL NON-STANDARD IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY. ALL NON-STANDARDIMPROVEMENTS SHALL COMPLY WITH CITY COUNCIL POLICY L-6.4. ALL WORK RELATED TO WASTEWATER IN THE PUBLIC RIGHT-OF-WAY SHALL BE PERFORMED BY A C-42 LICENSED SANITATION SEWERCONTRACTOR OR AN "A" LICENSED GENERAL ENGINEERING CONTRACTOR.5. ALL WORK RELATED TO WATER IN THE PUBLIC RIGHT-OF-WAY SHALL BE PERFORMED BY A C-34 LICENSED PIPELINE CONTRACTOR OR AN "A"LICENSED GENERAL ENGINEERING CONTRACTOR.1. SHEET PILES ARE NOT PERMITTED FOR SHORING DUE TO POTENTIAL DAMAGE TO ADJACENT PROPERTIES.2. EXCAVATIONS AND SHORING SHALL BE MADE ENTIRELY WITHIN THE PROPERTY LINES.3. A CAL-OSHA PERMIT IS REQUIRED FOR EXCAVATION DEEPER THAN 5' AND FOR SHORING AND/OR UNDERPINNING.4. LICENSED SURVEYOR TO PROVIDE MONITORING OF SHORING AND IMPROVEMENTS ON ADJACENT PROPERTIES AND SUBMIT RESULTS WITH AREPORT TO THE SHORING DESIGN ENGINEER AND TO THE BUILDING INSPECTOR ON A DAILY BASIS DURING EXCAVATION AND SHORING ANDWEEKLY BASIS THEREAFTER. WHERE DEWATERING IS REQUIRED, MONITORING SHALL CONTINUE UNTIL DEWATERING IS STOPPED.5. IN LIEU OF SPECIAL INSPECTION BY DEPUTY BUILDING INSPECTOR, GEOTECHNICAL ENGINEER SHALL PROVIDE CONTINUOUS INSPECTIONSDURING SHORING AND EXCAVATION OPERATIONS AND DURING REMOVAL OF SHORING6. CONTRACTOR SHALL NOTIFY ADJACENT PROPERTY OWNERS BY CERTIFIED MAIL 30 DAYS PRIOR TO STARTING ANY EXCAVATION WORK (CIVILCODE SECTION 832). PROOF OF CERTIFIED MAIL SHALL BE PROVIDED PRIOR TO ISSUANCE OF GRADING PERMIT.7. NON-CANTILEVERED RETAINING WALLS MUST BE SHORED UNTIL THE BRACING ELEMENT(S) IS IN PLACE.SHORING NOTESVICINITY MAPNOT TO SCALEPRECISE GRADING PLANFORAHMED RESIDENCE3100 W. OCEANFRONT, NEWPORT BEACH, CA 9266358 LEGENDEXISTING CONTOURSPOT ELEVATIONPROPOSED CONCRETE AREAEXISTING WALL TO BE DEMOLISHEDPROPOSED BLOCK WALLPROPOSED BREAKAWAY WALLPROPOSED PLANTER AREASTORM DRAIN LINEFLOW LINEPROPERTY LINE SURFACE SLOPEEXISTING SURFACE SLOPE STORM DRAIN SLOPEPAD PROPOSED PAD ELEVATIONFS PROPOSED FINISHED SURFACEFG PROPOSED FINISHED GROUNDFF PROPOSED FINISHED FLOORINV INVERT OF PIPETG TOP OF GRATEPL PROPERTY LINETW TOP OF WALLHP HIGH POINTEXIST EXISTING(100)100FSSDSDX.X%S=X.X%(X.X%)CONSTRUCTION KEY NOTEINSTALL 6" DIA. DRAIN NDS 40 W/RISER AND ADAPTOR OR EQUAL.INSTALL 4" DIA. PVC SCHEDULE 40 OR SDR 35 PIPE DRAIN SYSTEM.INSTALL 12" x 12" CATCH BASIN INSERT FILTERINSTALL BOTTOMLESS TRENCH DRAIN PER DETAIL ON SHEET C-3EXISTING WALL TO REMAINEXISTING WALL TO BE DEMOLISHEDCONSTRUCT NEW 8" PLANTER CURBCONTRUCT BREAKAWAY WALLSINSTALL SUMP PUMP PER DETAIL ON SHEET C-3INSTALL FRENCH DRAIN PER DETAIL FIGURE A ON SHEET C-3.EXISTING WALL TO BE REPLACED 42" C.M.U BREAKAWAY WALLSCONTRUCT 36" CAISSON PER STRUCTURAL PLANNOTE12345678910111231ST STREETOCEAN FRONTACACACACACACACACAACXXX XX XXXXTILETILETILETILETILETILETILETILETILETILEXTILETILETILETILEX(11.36TG)(11.18TG)N52°49'34" E90.00'N52°49'40" E90.00'N37°11'20" W25.00'N37°11'20" W25.00'OUTLINE OF FIRST FL. ABV.SUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBPROPOSED 2-CAR GARAGEGFF = 10.50'SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD SDSDSDSDSDSDSDSDSDSDSDSUBSUBSUBSUB8'25'TO CENTER LINE 5'SETBACK3'SETBACK 3'SETBACK5'SETBACK11.20 TG10.22 INV10.34 TG9.29 INV10.29 TG9.21 INV(10.77 FS)2%1956111887OUTLINE OF FIRST FL. ABV.OUTLINE OF FIRST FL. ABV. 9.6"EXIST UTILITY BOXTO BE PROTECTED IN PLACEEXIST UTILITY BOXTO BE PROTECTED IN PLACE5'TO CENTER LINE ℄ ALLEY EXIST GAS METERWILL BE RELOCATE1%2%610.34 TG9.49 INV12'-10.8"66410.25 TG9.09 INV1S=0.0110.92 TG10.75 INVINLET2%2%5%2%1%10.29 TG9.44 INV1.5%(11.17 FS)13.75 TW11.25 FS11.17 TW10.67 FG10.81 TC10.31 FS10.97 TW10.35 FG(10.73 FS)10.50 FF10.81 TC10.31 FS10.50 FF(10.75 FS)13.75 TW11.25 FS10.47 FG10.42 FG(11.17 FS)10.31 FS365%10'1010.26 TG8.94 INV1S=0.01772%5%2%2%11.17 FS2%S=0.012%2% 2%10.34 FG10.98 TC10.48 FG10.26 FGCENTER LINE11.25 FSUNDER FLOOR SPACEFF = 11.25'2%2%SDSDSD SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD11.14 HP5%10.42 FS10.92 FS2%10%10.31 FS10.84 FS2%10.36 FL0.5%S=0.0110.98 TC10.46 FG11.06 TW10.39 FS2%10.31 FS10.97 TW10.47 FG10.97 TW10.35 FG2%S=0.01S=0.011%19.25 TG22211.43 TW10.77 FS11.55 TW10.29 FS S=0.0122 2448.87 INV1212121212FF = 9.25'SDSD SD 11.10 TG10.35 INV11.25 FS11.15 FS2%2%11.38 TC10.88 FS(10.42 FL)8.4%(10.73 FS)10.92 FS2%10%10.84 FS(10.42 FL)9.3%(10.73 FS)2%10%10.84 FS(10.37 FL)9.3%10.92 FS(10.35 FL)(6.2%)(6.2%)(7.2%)S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S SSSSSSSSSSSS(N) CLEAN OUT(N) 4" 45° BEND(N) 4" V.C.P SEWER PIPEEXIST WATER METERTO BE PROTECT IN PLACE15'VISIBIL ITY TRIANGLE 15' VISIBILITY TRIANGLE5'VISIBILITYTRIANGLE5'VISIBILITY TRIANGLE EXIST 6" V.C.P. SEWER MAIN SCALE 1"= 5'10505102.57.5PRECISE GRADING AND DRAINAGE PLANSCALE 1"=5'SHEET NO.:APPROVED BYDATENO.REVISIONSPROJECT NO.:OWNER/SUBDIVIDER: AHMED RESIDENCE23227PLANS PREPARED BY:HASSAN AHMED3100 W. OCEANFRONT, NEWPORTBEACH, CA 926633100 W Oceanfront, NewportBeach, CA 92663PROJECT ADDRESSC-2PRECISE GRADING & DRAINAGE PLAN59 AETYPICAL DRIVEWAY / HARDSCAPE SECTIONDETAILNOT TO SCALENOTES:1. THIS DETAIL IS FOR REFERENCE ONLY TO ILLUSTRATE SOILS REPORTREQUIREMENTS. HARDSCAPE DESIGN BY OTHERS.2. SEE SOILS REPORT FOR OVEREXCAVATION AND SUBGRADE PREPARATIONREQUIREMENTS.BF SURFACE TEXTURE, TILE, PAVERS,ETC. PER LANDSCAPE PLANSDCABCDEFMIN. SLAB THICKNESSMIN. AGG. BASE THICKNESSMIN. REINFORCEMENT (O.C./E.W.)MAX. SAWCUT OR COLD JT. SPACINGTHICKENED EDGE DEPTHTHICKENED EDGE WIDTH6"DRIVEWAYS6"6"8"12"#4@12"4"HARDSCAPE4"6"8"12"#4@12"UNDISTURBED COMPETENT SOIL OR 90%COMPACTION MOISTURE CONDITIONSOIL SUB GRADE PER SOIL ENGINEERRECOMMENDATION.TOP OF GRATEELEV. PER PLANSEE NOTES FOR GRATE TYPEFINISH GRADEADAPTOR4" PVC RISER (IF NEEDED)90° PVC ELL.4" PVC SDR 35 DRAIN PIPE (TYP.)0.7' MIN.INV. PER PLAN1% MIN.4" MIN PVC MAIN W/ TEE OR WYENOTE:1. ALL FITTINGS BY: NDS, INC. (OR EQUAL) PHONE:1-800-726-19942. REFER TO GRADING PLAN FOR FINISH GRADING.3. DO NOT GLUE GRATE OR RISER TO PIPE.4. GLUE "I.P.S. WELD ON" #773 SOLVENT (MEDIUMBODIED FAST SET) FOR PIPE THRU 6" Ø.5. ALL PIPES TO BE 4" Ø PVC SDR 35 OR SCHEDULE 40.1% MIN.INV. ELEV. PER PLAN4" PVCNDS 643 COUPLINGORTOP OF GRATEELEV. PER PLAN0.85'MIN.*USE 6" NDS 66 EXTENSIONS WHERENEEDEDNDS SPEED-D-BASIN NDS 101SINGLE OR NDS 201 DOUBLEOUTLET CATCH BASIN.SEE NOTES FOR GRATE TYPEFINISH GRADEINLET DRAINDETAILNOT TO SCALEZZNOTE:a. DIG A 24" WIDE X 18" MIN. DEPTH TRENCHb. PLACE FILTER CLOTH IN THE TRENCH LAP 12" @ TOPc. FILL BOTTOM OF THE TREHCH W/ 3/4" CRUSHED ROCKd. FORM AND POUR PERIMETER CONC. CURBe. FILL THE REST OF THE TRENCH WITH CRUSHED ROCK TO 4" FROM TOP OF TRENCH24"18" MIN. 10"6"GRATEFILL THIS PORTION WITH CRUSHEDROCK AFTER POURING GRATESUPPORT CURB#4 REBAR T&B6" MIN. WIDE PEDESTRIAN SAFEFRAME & GRATE 38" SLOTOPENING. EASE JORDAN IRONWORKS OR EQUAL800-784-4100DIMENSIONS DETERMINED BYGRATE FRAME DIMENSIONS.USE FRAME AS A FORM34" CRUSHED ROCKSECTION Z-ZPLANBOTTOMLESS TRENCH DRAINDETAILNOT TO SCALE⅊0510152005101520⅊ EXIST SURFACEOVER-EXCAVATION1%FF= 9.25'PAD= 8.42'GFF = 10.50'PAD = 9.67'PROPOSED SURFACE10%PROPOSED C.M.U BREAKAWAY2%8.4%FF = 11.25'PAD = 10.42'OVER-EXCAVATIONEXISTING BUILDING⅊⅊℄31ST STREET05101520051015202%GFF = 10.50'PAD = 9.67'5% EXIST BUILDINGOVER-EXCAVATION4" PERFORATED5%2%FLOW LINE EXIST SURFACESECTION BSCALE 1"=5'SHEET NO.:APPROVED BYDATENO.REVISIONSPROJECT NO.:OWNER/SUBDIVIDER: AHMED RESIDENCE23227PLANS PREPARED BY:HASSAN AHMED3100 W. OCEANFRONT, NEWPORTBEACH, CA 926633100 W Oceanfront, NewportBeach, CA 92663PROJECT ADDRESSC-34' X 4' SQUARE3' ØSUMP PUMP (RAINWATER)DETAILNOT TO SCALESECTION ASCALE 1"=5'SECTIONS AND DETAILS60 EROSION CONTROL BMPSEC-1 SCHEDULINGSCHEDULE PREPARED BY CONTRACTOR SHALL BE ON-SITE DURING CONSTRUCTION.TEMPORARY SEDIMENT CONTROLSE-5 FIBER ROLLSINSTALL WHERE SHOWN ON PLAN.SE-7 STREET SWEEPING AND VACUUMINGSTREET SHALL BE SWEEPED, SEDIMENT COLLECTED, AND DISPOSED OF OFF-SITE ON A DAILY BASIS.SE-10 STORM WATER INLET PROTECTIONONCE INLET RISERS ARE CONSTRUCTED, SURROUND RISERS WITH GRAVEL BAGS OR CAP THE RISER TOREDUCE SEDIMENT INTRODUCTION TO THE AREA DRAIN SYSTEM.WIND EROSION CONTROL BMPSWE-1 WIND EROSION CONTROLWATER OR COVER MATERIAL SHALL BE USED TO ALLEVIATE DUST NUISANCE ON THE ROUGH GRADED PADSAND ANY STOCKPILE AREAS.TRACKING CONTROLTC-1 STABILIZED CONSTRUCTION EXITRUMBLE RACK SHALL BE PLACED ON THE DRIVEWAY TO ENSURE THAT ALL VEHICLES LEAVING THE SITE PASSOVER THE DEVICES BEFORE ENTERING THE PUBLIC STREET.NON-STORMWATER MANAGEMENTNS-6 ILLICIT CONNECTION / ILLEGAL DISCHARGECONTRACTOR SHALL REPORT ILLICIT CONNECTIONS OR ILLEGALLY DUMPED MATERIALS ON SITE TO THERESIDENT ENGINEER IMMEDIATELY AND CONTRACTOR SHALL TAKE NO FURTHER ACTION UNTIL THERESIDENT ENGINEER PROVIDE A RESPONSE/NS-7 POTABLE WATER / IRRIGATIONEXCISE CARE DURING CONSTRUCTION TO PREVENT NON-STORMWATER DISCHARGES.NS-8VEHICLE AND EQUIPMENT CLEANINGNS-9VEHICLE AND EQUIPMENT FUELINGNS-3 PAVING AND GRADING OPERATIONSAPPLY PARAMETER CONTROLS AND VACUUMING TO PREVENT NON-STORMWATER DISCHARGE.NS-10VEHICLE AND EQUIPMENT MAINTENANCE ALL VEHICLES AND EQUIPMENT WILL BE MAINTAINED OFF-SITE.NS-12 CONCRETE CURINGAPPLIES TO ALL CONCRETE CONSTRUCTION.NS-13 CONCRETE FINISHINGAPPLIES TO ALL CONCRETE CONSTRUCTION.ALL VEHICLES AND EQUIPMENT WILL BE FUELED OFF-SITE.ALL VEHICLES AND EQUIPMENT WILL BE CLEANED OFF-SITE.NS-1 WATER CONSERVATION PRACTICESMAINTAIN WATER EQUIPMENT TO PREVENT NON-STORMWATER DISCHARGES.WASTE MANAGEMENT AND MATERIALS POLLUTION CONTROLWM-3STOCKPILE MANAGEMENTMATERIALS STOCKPILES SHALL BE SURROUNDED BY A TEMPORARY SEDIMENT BARRIER AND COVERED TOMAINTAIN DUST CONTROL.WM-4 SPILL PREVENTION AND CONTROLAMPLE CLEAN-UP SUPPLIES FOR STORED MATERIALS SHALL BE KEPT ON-SITE. EMPLOYEE SHALL BEEDUCATED ON THE CLASSIFICATION OF SPILLS AND APPROPRIATE RESPONSES.WM-5SOLID WASTE MANAGEMENTWM-8CONCRETE WASTE MANAGEMENTWM-2MATERIAL DELIVERY AND STORAGEMATERIALS FOR CONSTRUCTION SHALL BE USED IN ACCORDANCE WITH PRODUCT DIRECTION.WM-9SANITARY / SEPTIC WASTE MANAGEMENTON-SITE FACILITY SHALL BE PROVIDED AND MAINTAINED BY THE CONTRACTOR FOR THE DURATION OF THEPROJECT.AN ON-SITE CONCRETE WASHOUT AREA SHALL BE CONSTRUCTED, USED, AND DISPOSED OF IN A MANNERWHICH MEETS THE REQUIREMENT OF THE CITY.SOLID WASTE FROM CONSTRUCTION ACTIVITIES SHALL BE STORED IN APPROPRIATE CONTAINERS. FULLCONTAINERS SHALL BE DISPOSED OF PROPERLY.WM-1MATERIAL USEMATERIALS SHALL BE STORED ON-SITE IN ORIGINAL MARKED CONTAINERS AND COVERED FROM RAIN ANDWIND. MATERIAL INVENTORY SHALL CONSIST OF SUPPLY REQUIRED FOR A FEW DAYS.FIBERROLLSINSTALL A FIBER ROLL NEAR SLOPEWHERE IT TRANSITIONS INTO A STEEPERSLOPENOTE:INSTALL FIBER ROLL ALONG A LEVELCONTOUR.VERTICAL SPACINGMEASURED ALONG THE FACEOF THE SLOPE VARIESBETWEEN 10' AND 20'FIBER ROLL 8"MINSLOPE VARIES34" X 34" WOOD STAKESMAX 4' SPACING12" MIN 2" MIN4" MAXFIBER ROLLSDETAILNOT TO SCALE4' MAX4' MAX 4' MAX4' MAX SECTION A-AAAGRAVEL BAGS (TYP.) MIN. 5"THICK4"TYP.2 BAGS MINGRAVEL BAGSGRAVEL BAG FOR INLETSDETAILNOT TO SCALESTABILIZED CONSTRUCTION ENTRANCEDETAILNOT TO SCALEH A R D S U R F A C E P U B L I C R O A D 30' MIN6"MIN 12 ' M I NFILTER FABRIC6" THICK 34" AGGREGATE BASEINSTALL TWO TRACK OUTPLATESR20"31ST STREETOCEAN FRONTACACACACACACACACXXX XX XXXXTILETILETILETILETILETILETILETILETILETILEXTILETILETILETILEX(11.36TG)(11.18TG)N52°49'34" E90.00'N52°49'40" E90.00'N37°11'20" W25.00'N37°11'20" W25.00'OUTLINE OF FIRST FL. ABV.SUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSUBSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD SDSDSDSDSDSDSDSUBSUBSUBSUBSE-10SE-10SE-10SE-10TC-1OUTLINE OF FIRST FL. ABV.OUTLINE OF FIRST FL. ABV.EXIST UTILITY BOXTO BE PROTECTED IN PLACEEXIST UTILITY BOXTO BE PROTECTED IN PLACE ℄ ALLEY EXIST GAS METERWILL BE RELOCATESE-10SE-10SE-5SE-5SE-10CENTER LINESDSDSD SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSE-5SE-5SE-5SDSD SDEROSION CONTROL PLANSCALE 1"=5'SHEET NO.:APPROVED BYDATENO.REVISIONSPROJECT NO.:OWNER/SUBDIVIDER: AHMED RESIDENCE23227PLANS PREPARED BY:HASSAN AHMED3100 W. OCEANFRONT, NEWPORTBEACH, CA 926633100 W Oceanfront, NewportBeach, CA 92663PROJECT ADDRESSC-4SCALE 1"= 5'10505102.57.5EROSION CONTROL PLAN61 62 63 INTENTIONALLY BLANK PAGE64 AHMED RESIDENCE(PA2024-0013) COASTAL DEVELOPMENT PERMIT AND VARIANCE Planning Commission, Public Hearing June 20, 2024 Jenny Tran, Assistant Planner 949-644-3212, jtran@newportbeachca.gov Planning Commission - June 20, 2024 Item No. 2a - Additional Materials Presented at the Meeting Ahmed Residence (PA2024-0013) PROJECT DESCRIPTION •Coastal Development Permit •Demolition of existing single-unit dwelling •Construction of new single-unit dwelling •Variance •Over-height entry stairs in the side setback •Located within VE Flood Zone 2 Planning Commission - June 20, 2024 Item No. 2a - Additional Materials Presented at the Meeting Ahmed Residence (PA2024-0013) VE FLOOD ZONE •Special flood hazard zone designated by Federal Emergency Management Agency (FEMA) •Effective March 21, 2019 •Requires elevated buildings and open design to allow water to flow below the floor system 3 Planning Commission - June 20, 2024 Item No. 2a - Additional Materials Presented at the Meeting Ahmed Residence (PA2024-0013) VE FLOOD ZONE 4 Subject Property Planning Commission - June 20, 2024 Item No. 2a - Additional Materials Presented at the Meeting Ahmed Residence (PA2024-0013) PROJECT LOCATION 5 3100 West Oceanfront Public Boardwalk Planning Commission - June 20, 2024 Item No. 2a - Additional Materials Presented at the Meeting Ahmed Residence (PA2024-0013) PROJECT STANDARDS 6 Development Feature Required Proposed Setbacks (min.) * Front (West Ocean Front) Rear (Alley) Left Side (West) Right Side (East) 5 feet 5 feet 3 feet 3 feet 5 feet 5 feet 3 feet 3 feet Height (max.) Flat Roof Sloped Roof 24 feet 29 feet 24 feet 29 feet Floor Area Limit (max.)3,040 sq. feet 3,039 sq. feet Parking (min.)2 spaces 2 spaces 3rd Floor Stepbacks 15 feet 15 feet * Project includes Variance request for setback encroachments for stairs Planning Commission - June 20, 2024 Item No. 2a - Additional Materials Presented at the Meeting Ahmed Residence (PA2024-0013) 7 Existing Grade (<11’) Base Flood Elevation (15’)1’ Freeboard Finished Floor (17.5’) Top of Ridge (46.50’ or 29’) PROJECT DESIGN Planning Commission - June 20, 2024 Item No. 2a - Additional Materials Presented at the Meeting Ahmed Residence (PA2024-0013) 8 ~6’ to top of landing • Entry stairs in the side setback •NBMC allows stairs in the side setback with max height of 18” •Project proposes ~6’ to top of landing VARIANCE REQUEST Portion of stairs in front setback comply with the maximum allowed height of 42” Planning Commission - June 20, 2024 Item No. 2a - Additional Materials Presented at the Meeting Ahmed Residence (PA2024-0013) 9 Front Entry Stairs Side Entry Stairs Portion of stairs in front setback comply with the maximum allowed height of 42” 31st Street SITE PLAN VIEW Planning Commission - June 20, 2024 Item No. 2a - Additional Materials Presented at the Meeting Ahmed Residence (PA2024-0013) FINDINGS 10 •VE Flood Zone requires a raised elevation, and internal stairs would reduce livable floor area • Stairs provide direct access to boardwalk and 31st Street •Designed with open material to reduce visual impact •Designed with low walls and landscaping along 31st Street to reduce visual impact Planning Commission - June 20, 2024 Item No. 2a - Additional Materials Presented at the Meeting Ahmed Residence (PA2024-0013) PENDING ZC AND LCP AMENDMENT 11 •Eliminates need for future variances •Addresses access issues in VE Zone•Project design complies with pending ZC/LCP Amendment if approved by Coastal Commission •Initiated by City Council on March 26, 2019•Previous community meetings conducted •Planning Commission recommended City Council adoption on May 4, 2023 •City Council adopted ordinance on June 27, 2023 •Pending hearing date with Coastal Commission Planning Commission - June 20, 2024 Item No. 2a - Additional Materials Presented at the Meeting Ahmed Residence (PA2024-0013) RECOMMENDED ACTION 12 •Conduct a public hearing •Find this project exempt from CEQA pursuant to Class 3 of the CEQA guidelines •Adopt Resolution No. PC2024-013 approving the Coastal Development Permit and Variance Planning Commission - June 20, 2024 Item No. 2a - Additional Materials Presented at the Meeting Ahmed Residence (PA2024-0013) QUESTIONS AND DISCUSSION Jenny Tran, Assistant Planner 949-644-3212, jtran@newportbeachca.gov 13 Planning Commission - June 20, 2024 Item No. 2a - Additional Materials Presented at the Meeting Ahmed Residence (PA2024-0013)