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HomeMy WebLinkAbout3.0_Pine Residence_PA2022-0212 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 20, 2024 Agenda Item No. 3 SUBJECT: Pine Residence (PA2022-0212) ▪ Coastal Development Permit ▪ Variance SITE LOCATION: 3509 Seashore Drive APPLICANT: Eric Mossman OWNER: Barry Pine PLANNER: Oscar Orozco, Assistant Planner 949-644-3219, oorozco@newportbeachca.gov PROJECT SUMMARY A request for a coastal development permit to demolish an existing duplex and construct a new 2,548-square-foot, single-unit residence with an attached 352-square-foot two-car garage and 254-square-foot attached accessory dwelling unit (ADU) 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 three exterior entryway stairs that are approximately 9 feet 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. PC2024-0014, approving Coastal Development Permit and Variance filed as PA2022-0212 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Pine Residence (PA2022-0212) 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 Two-unit residential SOUTH Parks and Recreation (PR) Parks and Recreation (PR) Boardwalk and beach EAST RT R-2 Single- and two-unit residential WEST RT R-2 Single- and two-unit residential Subject Property 3 INTENTIONALLY BLANK PAGE4 Pine Residence (PA2022-0212) Planning Commission, June 20, 2024 Page 3 INTRODUCTION Project Setting The subject property is a 2,325-square-foot beachfront lot located on the westerly side of Seashore Drive, abutting West Ocean Front between 35th and 36th Streets. The site is currently developed with an existing 2,325-square-foot, two-story duplex 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 the West Oceanfront boardwalk Subject Property Public Boardwalk 5 Pine Residence (PA2022-0212) 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 1 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 Pine Residence (PA2022-0212) Planning Commission, June 20, 2024 Page 5 The FEMA construction design criteria requires that new developments 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 Pine Residence (PA2022-0212) 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 Pine Residence (PA2022-0212) Planning Commission, June 20, 2024 Page 7 Pending Zoning Code and LCP Amendments On March 26, 2019, the City Council adopted Resolution No. 2019-31 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 in order to provide reasonable access to the dwelling from the existing grade. On June 27, 2023, the City Council adopted Ordinance No. 2023-10 to amend Title 20 and approved Resolution No. 2023-37 to amend Title 21 to create a Special Food Hazard Area (VE) Overlay Zoning District to modify certain development standards for properties in the VE Flood Zone. The VE Overlay District would allow 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 in 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) and deemed complete on April 15, 2024, and will schedule the item 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 duplex and construct a new 2,548 square- foot, single-unit residence with an attached 352-square-foot two-car garage and 254- square-foot attached ADU 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 ADU is located above the garage abutting Seashore Drive and is accessed through stairs in the side yard setback. The proposed structure includes a raised foundation at 17.5 feet NAVD 88, which is supported by caissons to meet the minimum finished floor requirements of the VE Flood Zone. The structures 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, and drainage facilities. 9 Pine Residence (PA2022-0212) 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 residence and attached JADU 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: Zoning and Coastal Zoning Development Standards Development Feature Required Proposed Setbacks (min.) Front (West Ocean Front) Rear (Street) Left Side (West) Right Side (East) 5 feet 0 feet 3 feet 3 feet 5 feet1 2 feet 3 feet 3 feet Height (max.) Flat Roof Sloped Roof 24 feet 29 feet 24 feet 29 feet Floor Area Limit (max.) 3,224 sq. feet 3,156 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 three entry stairs to exceed the maximum height limit in the side yard setbacks. 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 Zoning Code requires the Planning Commission to make the following findings before approving a variance: 10 Pine Residence (PA2022-0212) 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 for the single unit dwelling and one set of entry stairs for the ADU that allow for direct access into the dwelling units from the side yard setbacks. 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 and 6). 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 entry stairs is approximately 5 feet, 5 inches 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 12.00 feet NAVD 88, which is 5.5 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 and thereby reduce the project’s livable floor area by approximately 128 square-feet on a narrow 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 neighboring properties. 11 Pine Residence (PA2022-0212) Planning Commission, June 20, 2024 Page 10 Figure 5: Side East Elevation of Entry Stairs Figure 6: Side West Elevation of Entry Stairs Figure 7: Site Plan Showing Setbacks and Location of Entry Stairs Side Entry Stairs ADU Side Entry Stairs Side Entry Stairs Side Entry Stairs ADU Side Entry Stairs Side Entry Stairs 12 Pine Residence (PA2022-0212) Planning Commission, June 20, 2024 Page 11 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. Coastal Development Permit Findings The subject property is located within the Coastal Zone and, therefore, the proposed project requires a coastal development permit. Per Section 21.52.015(F) of NBMC, the required findings to approve a coastal development permit are as follows: 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. Land Use and Development Standards The proposed single-unit dwelling and ADU is consistent with the Two Unit Residential Coastal Land Use and Zoning District. With exception of the requested side yard setback encroachments, the proposed structure 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., dated August 22, 2022, 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 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). 13 Pine Residence (PA2022-0212) Planning Commission, June 20, 2024 Page 12 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. 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 Newport Island Park and is not visible from the site. The property is located adjacent to Seashore Drive, which serves as lateral access and provides intermittent views of the beach where it intersects with street ends. As currently developed, the existing property and other residences along Seashore Drive impede views of the ocean from Seashore Drive and provide very limited opportunities to see the beach through side yard setbacks. The Property is located in the middle of the block, and existing views of the beach are available along the 35th and 36th Street ends. The project, including the proposed entry stair encroachments, would not block any existing views through the project site, as there are no existing views through the site. Additionally, the proposed single- unit dwelling and attached ADU complies with all applicable Local Coastal Program (LCP) development standards 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. Vertical access to the beach is available at the 35th Street end and 36th Street end from Balboa Boulevard. The project does not involve the removal or creation of additional street parking spaces. The project design does not include any unique features in the rear of the property that could obstruct access or create hazards for the motorists or pedestrians on Seashore Drive. The first-floor garage is setback approximately 2 feet from the property line, which would allow the residents additional visibility to the bike path and street as they enter and exit the garage. 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 in-line development located in the middle of the block. The project will replace an existing two-unit dwelling with a new single-unit dwelling and ADU 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 14 Pine Residence (PA2022-0212) Planning Commission, June 20, 2024 Page 13 proposes a relatively small third and fourth floor totaling 574 square feet. The third and fourth floors accommodate a family room, bedroom, bathroom, and covered balcony, which complies the additional 15-foot stepback standards from the front and rear setback lines. Compliance with third floor location standards minimize the appearance of bulk and scale from the adjacent beach, neighboring properties, and 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 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 access into the ADU and 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 15 Pine Residence (PA2022-0212) Planning Commission, June 20, 2024 Page 14 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 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. Designing a separate entrance on each side of the single-unit dwelling and ADU that is within the buildable area is not realistic. The lot is 2,325 square feet and 25-feet wide with 3-foot side setbacks on each side, leaving a 19-foot-wide buildable width. If each entrance is at least 3 feet deep on each side, that would leave a width of 13 feet for living area. Thus, the lot is not wide enough to allow for separate entrances for both the principal dwelling unit and the ADU. Therefore, the side yard entry is the most feasible means of entry for the single-unit dwelling and the ADU. Summary and Alternatives In conclusion, the project will allow the new construction of a single-unit dwelling and attached ADU that is consistent with the Title 20 and Title 21 amendments (VE Overlay District) that have been 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 dwellings 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. 16 Pine Residence (PA2022-0212) Planning Commission, June 20, 2024 Page 15 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 demolition of an existing duplex and construction a new single-unit dwelling with an attached ADU. 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 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: Submitted by: __________________________ Oscar Orozco Assistant Planner ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Project Description and Justification Letter PC 3 Project Plans 17 INTENTIONALLY BLANK PAGE18 Attachment No. PC 1 Draft Resolution with Findings and Conditions 19 INTENTIONALLY BLANK PAGE20 RESOLUTION NO. PC2024-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AND VARIANCE TO ALLOW THE DEMOLITION OF AN EXISTING DUPLEX AND THE CONSTRUCTION OF A NEW SINGLE-UNIT DWELLING, ATTACHED GARAGE, AND ATTACHED ACCESSORY DWELLING UNIT FOR THE PROPERTY LOCATED AT 3509 SEASHORE DRIVE (PA2022-0212) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Eric Mossman (“Applicant”), on behalf of Barry Pine (“Owner”), concerning property located at 3509 Seashore Drive, and legally described as Lot 5 of Block 35 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 duplex and construct a new 2,548-square-foot, single-unit dwelling with an attached 352- square-foot two-car garage and 254-square- foot attached accessory dwelling unit (“ADU”) in the VE Special Flood Hazard Area (“VE Flood Zone”). Additionally, the applicant requests a variance to construct three exterior entry stairs that are approximately 9 feet in height (including steps and guardrails) in the side yard setback, where the maximum height is 18 inches measured from existing grade for stairs and 6 feet maximum for guardrails (“Project”). 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. PC2024-014 Page 2 of 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 located at 100 Civic Center Drive, Newport Beach, California. A notice of 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Sections 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-unit dwellings or up to six dwelling units within multi-unit structures in urbanized areas. The Project includes the demolition of one existing duplex and construction of a new single-unit dwelling with an attached ADU 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’s 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. PC2024-014 Page 3 of 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 NBMC Subsection 20.52.090(F) (Variances – Findings and Decision), the following findings and facts in support of such findings are set forth: 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 Seashore Drive and faces West Ocean Front between 35th Street and 36th Street. The Property is located within the VE Flood Zone (15 feet), which is a Special Flood Hazard Area designated by the FEMA FIRMs. This Special Flood Hazard Area designation took effect on March 21, 2019, and affects 166 beachfront properties 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 and Title 21 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 12.00 feet (NAVD 88), where the finished floor is at 17.5 feet (NAVD 88) or approximately 5.5 feet from existing grade. Therefore, typical stairs, landings, handrails, and similar features that provide access from the street, side yard, or front yard cannot be accommodated within the side setbacks. 23 Planning Commission Resolution No. PC2024-014 Page 4 of 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 Zoning District would not be subject to the same FEMA requirements. 5. The applicant seeks a variance for three entry stairs to exceed the maximum height in the side setback to provide access to the dwelling and ADU. The proposed top of landing height for all three entry stairs is approximately 5 feet, 6 inches, which exceeds the maximum 18-inch height allowance for steps in the side yard setback. The proposed handrails and guardrails associated with the three entry stairs would reach a height of approximately 9 feet 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 narrow for typical R-2 Zoned properties in the City. 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 three 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 128 square feet on a modest sized 2,325-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 yard 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 features in the front setback that comply with the 42-inch height allowance. However, the entry stairs in the side setback that provide direct access to the beach from the elevated first floor would not be feasible, as the limit is 18 inches maximum from existing grade. Without entry stairs in the side setback, residents of the primary dwelling would be required to travel down an entry stair that is incorporated into the building area to exit the dwelling with no direct access to the beach or boardwalk. Without the encroachment, 24 Planning Commission Resolution No. PC2024-014 Page 5 of 21 the primary access to the dwelling would be from the garage entry at the rear of the property, which is not typical of other R-2 Zoned properties. 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 Finding A and B are hereby incorporated by reference. 2. The Applicant is requesting two sets of entry stairs for the single-unit dwelling within the side setback that allow for direct access into the dwelling. Without these entry stairs, the only way to access the dwelling would be to enter from the garage level and travel up the internal stairway onto the main level with the elevated finished floor. Residences of similar lot size and topography located outside of the VE Flood Zone have side yard access into the dwelling that complies with Title 20 and Title 21 the NBMC because the finished floor is on or near the existing ground. Direct access into the dwelling without needing to travel through the garage level is necessary for the enjoyment of substantial Property rights of the Applicant. 3. The Applicant is requesting a means of direct access to the front 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. 4. The Applicant is requesting one set of entry stairs to access the ADU at the rear of the property. Exterior access to the proposed ADU from the side yard setback area is necessary to maintain a reasonable floor area for the Project. Designed to meet the elevated finished floor required in the VE Flood Zone, the proposed residence includes complex stair systems to provide separate access into the ADU. Stairs within the buildable area count as floor area but do not provide practical living areas such as living rooms and bedrooms. Without an exterior entrance into the ADU, additional interior staircases would be necessary, thus removing additional opportunity for practical living spaces for the ADU. 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. 25 Planning Commission Resolution No. PC2024-014 Page 6 of 21 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 access stairs in the side and front 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) were approved by the City Council on June 27, 2023 (Ordinance No. 2023-10). The proposed Project is consistent with the allowed encroachments proposed in the amendments. 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 and ADU is not detrimental to the neighborhood, as the entry stairs and landings are not visible from neighboring properties. The maximum height for entry stairs in a side yard setback area is 18 inches from existing grade, and the maximum height for accessory guardrails is 6 feet from existing grade. The proposed entryway stairs are 5 feet, 5 inches high from existing grade, which exceeds the Title 20 and Title 21 standards by 4 feet. The proposed handrails and guardrails associated with the three entry stairs would reach a height of approximately 9 feet and would not exceed the minimum height required by the CBC as certified in Title 15 (Buildings and Construction) of the NBMC for safety purposes. Although the proposed guardrails and handrails may be visible to the adjacent properties at about nine feet above grade, they are designed with glass material to minimize the visual impact from the neighboring properties. The handrails and guardrails would also be oriented so that they run along the sides of the staircases and do not directly face the street, which would also minimize visual impacts. 2. The proposed rear ADU entry stairs are not detrimental to surrounding properties. The Project design does not include any unique features in the rear of the property that could obstruct access or create hazards for the motorists or pedestrians on Seashore Drive. The first-floor garage is setback approximately 2 feet from the property line, which would allow the residents additional visibility to the bike path and street as they enter and exit the garage. 26 Planning Commission Resolution No. PC2024-014 Page 7 of 21 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 three entry stairs are not in conflict with the intent of the maximum 18-inch height standard in Title 20 and Title 21 of the NBMC. The three guardrail and handrail systems are not in conflict with the intent of the 6-foot maximum height standard in Title 20 and Title 21 of 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 entry stairs are intended for access into the dwelling and ADU. Additionally, the 6-foot maximum height standard for fences, hedges, and walls including guardrail and handrails, is to allow for adequate light and air into neighboring setbacks and to prevent the appearance of the building being walled off from surrounding areas. In this case, the area of the guardrails and handrails over the 6-foot limit will be comprised of glass which will reduce the appearance of bulk and allow the passage of light into adjacent spaces. 3. The Property is not located within a specific plan area.
 Coastal Development Permit In accordance with NBMC Subsection 21.52.015(F) (Coastal Development Permits - Findings and Decision), the following findings and facts in support of such findings as 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 proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The maximum floor area limitation is 3,224 square feet and the proposed floor area is 3,156 square feet. 27 Planning Commission Resolution No. PC2024-014 Page 8 of 21 b. The Project provides the minimum required setbacks, which are 5 feet along the front property line abutting West Ocean Front and 3 feet along each side property line. There is no required setback along the property line abutting Seashore Drive. The first-floor garage is setback approximately 2 feet from the property line, which would allow the residents additional visibility to the bike path and street as they enter and exit the garage. c. The Project includes garage parking for a total of two vehicles, complying with the minimum two-car garage parking requirement for single-unit dwelling with less than 4,000 square feet of habitable floor area. The ADU is exempt from parking requirements because it is an attached ADU within a half-mile walking distance of public transit. 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) (Height of Structures and Measurement) 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 Flood Insurance Rate Maps recognized by the Building Division as part of flood safety requirements and maps adopted by the Council. The subject 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) (Height of Structures and Measurement) of the NBMC, the height of a principal structure shall be measured from the top of slab elevation. Therefore, the established grade for the subject property is 17.5 feet NAVD 88, and the maximum elevation allowed for a guardrail or flat roof is 41.5 feet NAVD 88 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 and anticipated neighborhood pattern of development. 3. The Project proposes to demolish the existing duplex on-site to construct a single-unit dwelling and attached ADU. As a result, the Project complies with the Housing Crisis Act of 2019 and Senate Bill 8 (Skinner) because it does not result in the loss of residential density. The State Department of Housing and Community Development (“HCD”) has verified with the City in an email dated March 23, 2022, that an ADU is considered a housing unit under Government Code Section 66300 provisions to replace existing units. The Property Owner has certified that the units are not "protected" units under Section 66330 Subdivision (d)(2). The Project is consistent with the General Plan, Local Coastal Program, and Zoning designations that allow the single-unit dwellings and accessory dwelling unit land uses. Under Coastal Land Use Plan Table 2.1.1-1, the Two-Unit Residential (RT) category is intended to provide primarily for two-family residential development such as duplexes or townhomes. Implementation Program (IP) Table 21.18-1 shows “Single-Unit Dwellings – Detached” and “Accessory Dwelling Units” as allowed uses in the R-2 Coastal Zoning District. Therefore, the Project of a single-unit dwelling residence and accessory dwelling 28 Planning Commission Resolution No. PC2024-014 Page 9 of 21 unit to replace the existing duplex is consistent with the R-2 zoning and land use designations and does not result in a loss of residential density. 4. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc., dated August 22, 2022 for the Project. The report 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 feet 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 percent 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). 5. 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 300 feet wide and has provided adequate protection for the property over the last several decades. The proposed development will not need shoreline protection over the life of the development. 6. 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. 7. 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). 29 Planning Commission Resolution No. PC2024-014 Page 10 of 21 8. 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) of the NBMC. Both requirements are included as conditions of approval that will need to be satisfied prior to final building inspection, and prior to the issuance of building permits, respectively. 9. 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. 10. 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 design also addresses water quality through the inclusion of a post-construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. 11. 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% of impervious surface area, a Water Quality and Hydrology Plan (“WQHP”) is required. A preliminary WQHP has been prepared for the Project by DNZ Engineering. 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. 12. Landscaping complies with Section 21.30.075 (Landscaping) of the NBMC given no landscaping is proposed. Although the Project does not propose any new landscaping a condition of approval is included that requires drought-tolerant species should the Applicant choose to revise the Project to include landscaping. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 13. The Property is not located adjacent to a coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is Newport Island Park and is not visible from the site. The Property is located adjacent to Seashore Drive, which serves as lateral access and provides intermittent views of the beach where it intersects with street ends. As currently developed, the existing property and other residences along Seashore Drive impede views of the ocean from Seashore Drive and provide very limited opportunities to see the beach through side yard setbacks. The Property is located in the middle of the block, and existing views of the beach are available along the 35th and 36th Street ends. The Project would not block any existing views through the project site, as there are no existing views through the site. Additionally, the proposed single-unit dwelling and attached ADU complies with all 30 Planning Commission Resolution No. PC2024-014 Page 11 of 21 applicable Local Coastal Program (LCP) development standards and maintains a building footprint consistent with the existing and expected neighborhood pattern of development. 14. 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 duplex with a new single-unit dwelling and attached ADU that complies with applicable development standards. The Project also complies with the City’s Residential Design Standards that restrict the size and location of third floors. The Project proposes a third floor of 574 square feet to accommodate a family room, bedroom, bathroom and covered balcony, which meets 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. 15. The Project would be constructed with a finished floor that is approximately 5.5 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 duplex located on standard R-2 lot with a new single-unit dwelling and attached ADU. Therefore, the Project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the Project is located in the middle of the block, and designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access 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 entry stairs 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. 31 Planning Commission Resolution No. PC2024-014 Page 12 of 21 3. Vertical access to the beach is available at the 35th and 36th Street ends. Lateral access is available on the beach in front of the property and along Seashore Drive to the rear of the property. The Project does not involve the removal or creation of additional street parking spaces. The Project design does not include any unique features in the rear of the property that could obstruct access or create hazards for the motorists or pedestrians on Seashore Drive. The first-floor garage is setback approximately two feet from the property line, which would allow the residents additional visibility to the bike path and street as they enter and exit the garage. In accordance with NBMC 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 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 five feet, six inches, which exceeds the maximum 18-inch height requirements for steps in the side yard setback. The existing grade below the proposed stair is 12.00 feet NAVD 88, which is 5.5 feet lower than the required 17.5-foot finished floor for the dwelling. An exterior entryway into the dwelling and ADU is not feasible without relief from the maximum stair and fence height limits. All three entry stairs are designed to the minimum height necessary to provide access to the dwelling and ADU while meeting safety standards of the CBC as certified in Title 15 (Buildings and Construction) of the NBMC. 2. An alternative to the side yard entry stairs for the single-unit dwelling and the ADU is to have the entrance at the side yard grade level and to design a stair system within the buildable area outside of the setback. 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. Designing a separate entrance on each side of the single-unit dwelling and ADU that is 32 Planning Commission Resolution No. PC2024-014 Page 13 of 21 within the buildable area is not realistic. The lot is 2,325 square feet and 25-feet wide with 3-foot side setbacks on each side, leaving a 19-foot wide buildable frontage. If each entrance is at least three feet deep on each side, that would leave a width of 13 feet for living area. Thus, the lot is not wide enough to allow for separate entrances for both the principal dwelling unit and the ADU. Therefore, the side yard entry is the most feasible means of entry for the single-unit dwelling and the ADU. 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: Facts in Support of Finding A above are hereby incorporated by reference. Finding: K. The variance complies with the findings required to approval a coastal development permit in NBMC Section 21.52.015(F). Fact in Support of Finding: Facts in Support of Findings G and H above 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 12 and 13 in support of Finding G are hereby incorporated by reference. 2. Facts in support of Finding H are hereby incorporated by reference. Finding: 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: 33 Planning Commission Resolution No. PC2024-014 Page 14 of 21 1. Fact 11 and 12 in support of Finding G above is hereby incorporated by reference. 2. Although the Property allows for 6-foot tall walls in the side setback, the interior side yards of the Property with the Project encroachments are designed with guard rails with glass material to minimize the visual impact from the neighboring properties and to soften the visual impacts of the building mass. Further, the entry stairs are comprised of three separate smaller stairs rather than two large connecting staircases to lessen the visual impacts to neighboring properties. 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 existing and proposed residence is not located on or near coastal resources such as wetlands, sensitive habitat, vegetation, or wildlife species. There are no other coastal resources in the immediate area that could be affected by the proposed redevelopment. 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 above 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. 2. The Planning Commission of the City of Newport Beach hereby approves PA2022-0212 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. 34 Planning Commission Resolution No. PC2024-014 Page 15 of 21 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. PASSED, APPROVED, AND ADOPTED THIS 20th DAY OF JUNE, 2024. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Curtis Elmore, Chair BY:_________________________ Tristan Harris, Secretary Attachment(s): Exhibit A – Conditions of Approval 35 Planning Commission Resolution No. PC2024-014 Page 16 of 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 Use Permit. 4. The Variance and Coastal Development Permit filed as PA2022-0212 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted by the Community Development Director. 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 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. 36 Planning Commission Resolution No. PC2024-014 Page 17 of 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. Prior to the issuance of building permits, the property owner shall record a deed restriction with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney, prohibiting the use of the accessory dwelling unit for short-term rentals (i.e., less than 30 days) and prohibiting the sale of the ADU separate from the principal dwelling. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. 14. 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. 37 Planning Commission Resolution No. PC2024-014 Page 18 of 21 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. 15. 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. 16. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 17. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. 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. 18. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 19. 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 20. 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. 21. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. 38 Planning Commission Resolution No. PC2024-014 Page 19 of 21 Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 22. 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 Planning and Zoning of the Newport Beach Municipal Code. 23. 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 Pine 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 24. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 25. 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. 39 Planning Commission Resolution No. PC2024-014 Page 20 of 21 • Limit allowable idling to 30 minutes for trucks and heavy equipment. Off-Site Impacts • Encourage carpooling 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. 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 six-inch surface layer, subject to review/discretion of the geotechnical engineer. 26. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed 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. 27. 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. 28. 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). 29. Elevators shall be designed per the American Society of Civil Engineers (ASCE) 24 Section 7.5. 30. 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 31. The Applicant shall install a new sewer clean out on the existing sewer lateral per City Standard 406. 40 Planning Commission Resolution No. PC2024-014 Page 21 of 21 32. The applicant shall relocate the water meter to the public right of way per City Standard 502. 41 INTENTIONALLY BLANK PAGE42 Attachment No. PC 2 Project Description and Justification Letter 43 INTENTIONALLY BLANK PAGE44 45 46 47 48 Attachment No. PC 3 Project Plans 49 INTENTIONALLY BLANK PAGE50 51 52 53 54 55 56 57 58 59 60 61 SETBACKSETBACKSETBACKSETBACKELEVATORKITCHENDININGLIVING ROOMFRONT DECKPOWDERHALL 12-CAR GARAGEOCEAN FRONTSEASHORE DRIVE30'-0"4'-0"3'-0"5'-0"SECTION BSECTION B SECTION ASECTION A3'-3"PROPERTY LINE & LIMITS OF GRADING PERMITPROPERTY LINE & LIMITS OF GRADING PERMIT30" DIA. CAISSONPER STRUCTURAL PLANS( 1 1 .42 )FL2'1%8.97%.7.09%[12.16 GFF] GARAGE1%12. 0 8 FSSANDSANDCONC.CONC.(11.78FS)(12.18FS)(12.35FF)(11.57TC)(12.20FS)(12.22TC)(11.78FS)(12.30TC)(11.87FS)(11.97FS)(12.43TC)CONC.(11.32FS)CONC.(14.28TW)(11.60FS)CONC.CONC.CONC.(15.46TW)(14.96TW)(11.61FS)CONC.CONC.CONC.(11.84FS)(11.29FS)(11.76FS)(11.63FS)(14.92TW)(15.97TW)(15.46TW)CONC.CONC.(12.03FS)CONC.CONC.(33.75)RIDGE(11.90FS)CONC.CONC.CONC.BUILDING(11.78TG)(11.71FS)(12.19FS)(11.78FS)CONC.CONC.(15.97TW)(12.03FS)CONC.(12.19FS)(12.15FS)CONC.CONC.(15.97TW)LOT 5BUILDING2 STORY(12.06FS)(12.21FS)CONC.(12.08FS)CONC.CONC.(11.82FS(11.61TC)CONC.AC(11.78FS)(12.28FS)(12.12FS)(12.12FS)(12.28FS)CONC.CONC.CONC.CONC.(11.97GF)CONC.CONC.(11.93FS)ACCONC.(12.12FS)CONC.CONC.GMACCONC.GMSIGNAC(11.71TC)AC(11.58FL)(11.51FS)AC(11.58FS)(11.50FL)ACSEWERSIGNACACFOUND LEAD AND TAG STAMPED L.S. 4384(11.52FS)(14.94TW)ST. LIGHT BOXSANDCONC.CONC.(12.05FS)CONC.LOT 4RIDGE(34.42)(12.25GF)CONC.AC(11.53FS)(11.45FL)ACACAT&T BOXWMEDISON BOXCABLE TV BOXFOUND LEAD AND SET LEAD AND TAG STAMPED L.S.4653ON P.L. PROD., 4.50' FROM THE CORNER.SET LEAD AND TAG STAMPED L.S. 4653ON P.L. PROD., 4.50' FROM THE CORNER.FOUND LEAD AND TAG STAMPED L.S. 4653(11.82FS)(12.13FS)(12.06FS)(12.02FS)(12.44FS)(11.98FS)(11.95TG)(12.40FS)(12.94FF)(12.15FS)(11.68FS)EDIDSON BOX(12.03TG)(12.07FS)(11.36FS)(11.60FS)(11.88FS)(11.93FS)CONC.(11.49FS)(11.41FL)(11.71TC)(14.28TW)(14.74TW)(11.75FS)ACACAC(11.68FS)CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.BUILDING2 STORYSTEPSTAG STAMPED L.S.231212.08FS2'3'-3"12.40FS1 2 . 5 FS 12 .2 7GF F 12.27GFF12 .2 1GF F 11 . 6 7 F S 12.36FL2%1 2 . 3 5 FS 1 2 . 5 FS 12.40FS0%1 2 . 3 5FS4%4%1.0%12.35FS1.5%12 .2 7GF F 0%12 .5 F S 1'-8"11.75FL11.67TG1.0%15 LF1.0 %36 LF0.5 %11.75FL11.67TGWM3'-0"3'-5"(11.49)FL8'-4"7'-4"12.18FL12.36FL11.60TG12.21FL22212131214222325245561215'-0" (min)15'-0" (min)PL(11.97)GF(11.78)FS(11.61)TC(11.58)FL(11.51)FS12.16GFF12.08FS(11.80)FSGARAGE1%2'-9"31'-6"121018PLPLEX. BLDG.EX. BLDG.(12.07)FS(12.13)FS(12.94)FF(12.12)FS(12.28)FS12.28 GFF3'-1"18'-6"3'-4"EXISTING GRADE22513PL(11.29)FS(14.28)TW(11.93)FS(12.03)FS17.50 FF (RESIDENCE)BALCONY30" DIA. CAISSONPER STRUCTURAL PLANS12 . 3 7 G F F EXISTING GRADE221PRECISE GRADING PLAN8GRAPHIC SCALE: 1/4"= 1'-0"0412SCALE: 1/4"=1'-0"PLANd'zn engineeringPLANS PREPARED BY: 26 Mar 2024 02-GRD-04-ERS-3509 Seashore Drive.dwg THESE PLANS WERE PREPARED UNDERTHE SUPERVISION OF:INMISSEDALONLA-AENGAE PR DINO ISTERE ROF.LNo. C54067EREG LIA IAL FORN IICSEXP. ETATOFV12/31/25CEER166 MATISSE CIRCLEALISO VIEJO, CA 92656TEL: (949) 305-8920CLIENT/OWNER:TANYA&BARRYPINE3509 Seashore DriveNewport Beach, CA 92663SHEET TITLEPROJECT_ADDRESS3509 Seashore DriveNewport Beach, CA 92663BENCHMARKCOUNTY OF ORANGE BENCH MARKNB2-7-77ELEVATION= 8.565 NAVD 88 DATUM-APN: 423-335-03DATE:26-MAR-2024ENGINEER:R. DEMA-ALACHECKER:R. DEMA-ALAPROJECT_No:2167REVISIONSSTATUS:SUBMITTAL 1SHEETOFSHEETSBASIS OF BEARINGS:SCALE: 1/8"=1'-0"SECTION A - A36"PROPOSED TREE NOTE: NOT ALL SYMBOLS USEDHARDSCAPEDRIVEWAYBUILDING HATCHSTORM DRAIN SUMP PUMP DISCHARGE ASSEMBLYGRADING LEGEND, PROPOSED RETAINING WALLPROPOSED SIDE PROPERTY WALLPROPOSED SITE SCREEN WALLPROPOSED ROOF DOWN SPOUTPROPOSED PLANTER DRAIN INLET PROPOSED SQ. GRATE DRAIN INLETPROPOSED PERFORATED SUBDRAINPROPOSED 12" MAIN CATCH BASINPROPOSED EARTHEN DRAINAGE SWALEPLPROPERTY LINEPROPOSED 4" STORM DRAIN LINE FG:FS:DS:INV:TOS:TG:FL:NG:TC:TW:TF:FF:GFF:FINISHED GRADEFINISHED SURFACEDOWNSPOUTINVERT ELEVATIONTOP OF SLABTOP OF GRATE (DRAIN INLET)FLOW LINENATURAL GRADE ELEVTOP OF CURBTOP OF WALLTOP OF FOOTINGFINISHED FLOORGARAGE FINISHED FLOORSYMBOLS AND ABBREVIATIONSPROPOSED 6" STORM DRAIN LINE PERF SUBDRAIN 4"6"PROPERTY LINEPROPOSED CHANNEL DRAINPROPOSED CONCRETE DRAINAGE SWALEHP:HIGH POINTDGTURFBOX LOCATIONPLANTER AREA/NATURAL GROUNDPROPOSED 4" PERFORATED PIPECONSTRUCTION NOTES:SCALE: 1/8"=1'-0"SECTION B - BMATCHLINE - SEE BELOW LEFT MATCHLINE - SEE ABOVE RIGHTSCALE: 1/8"=1'-0"SECTION A - AINSTALL BOTTOMLESS TRENCH DRAIN PER CITY OF NEWPORT BEACHSTANDARD.INSTALL 24"X 24" CONCRETE PAVERS SET AT 4" SPACING INTO SAND.CONSTRUCT 5" THICK DRIVEWAY BASE PER SOILSREPORT RECOMMENDATIONS. DRIVEWAY PROF ILETO CONFORM TO PER CITY STD-160-L-C (TYPE B).1123EXISTING PROPERTY LINE WALL TO REMAINPROTECT-IN-PLACE.212CONSTRUCT 5" CONCRETE FLATWORK AND PROVIDE DRAINAGE SWALEIN CONCRETE FLATWORK.INSTALL ROOF DOWNSPOUT DISCHARGE ABOVE FLATWORK TOSITE DRAINAGE. FINAL LOCAT IONS SHALL BE PER ARCHITECTURALPLANS.4RELOCATE EXISTING SOCAL ED ISON BOX PERCOMPANY STANDARD AND REQUIREMENTS.22CONNECT NEW WATER LINE TO EXISTING WATER METERPER CITY STANDARD 502-L.2324RELOCATE EXISTING GAS METER PER SOCAL GASSTANDARDS.25CONNECT NEW SEWER LINE TO EXISTING SEWERLATERAL PER CITY STANDARD 406-L. FIELD VERIFYEXACT LOCATION PRIOR TO CONSTRUCTION.5INSTALL 4" PERFORATED SCH 40 PIPE SURROUNDED BY 1 CUBICFEET OF CRUSHED ROCK, WRAPPED WITH GEO FABR IC PER SOILSREPORT. PIPE LENGTH = 15' (M IN .).INSTALL 18x18 SHALLOW CATCH BASIN-PER FLO-GARD, LOPRO,FG-M1818 OR APPROVED EQUAL.6FOR WATER QUALITYPRETREATMENT PRIORTO OFF-SITE DISCHARGEFOR WATER QUALITYPRETREATMENT PRIOR TOOFF-SITE DISCHARGECDP-12162 PROPERTY LINE & LIMITS OF GRADING PERMITPROPERTY LINE & LIMITS OF GRADING PERMIT12. 0 8 FSSANDSANDCONC.(11.78FS)(12.18FS)(12.35FF)(11.57TC)LOT 6(12.20FS)(12.22TC)(11.78FS)(12.30TC)(11.87FS)(11.97FS)(12.43TC)CONC.(14.28TW)(11.60FS)CONC.CONC.CONC.(15.46TW)(14.96TW)(11.61FS)CONC.(11.84FS)(11.76FS)(11.63FS)(14.92TW)(15.97TW)(15.46TW)CONC.CONC.(12.03FS)CONC.CONC.(33.75)RIDGE(11.90FS)CONC.CONC.CONC.BUILDING(11.78TG)(11.71FS)(12.19FS)(11.78FS)CONC.CONC.(15.97TW)(12.03FS)CONC.(12.19FS)(12.15FS)CONC.CONC.(15.97TW)LOT 5BUILDING2 STORY(12.06FS)(12.21FS)CONC.(12.08FS)CONC.CONC.(11.82FS(11.61TC)CONC.AC(11.78FS)(12.28FS)(12.12FS)(12.12FS)(12.28FS)CONC.CONC.CONC.CONC.(11.97GF)CONC.CONC.(11.93FS)ACCONC.(12.12FS)CONC.CONC.GMACCONC.GMSIGN(11.71TC)AC(11.58FL)(11.51FS)(11.58FS)(11.50FL)ACSEWERSIGN(11.52FS)(14.94TW)SANDCONC.CONC.(12.05FS)CONC.LOT 4RIDGE(34.42)(12.25GF)CONC.AC(11.53FS)(11.45FL)AT&T BOXWMEDISON BOXCABLE TV BOXFOUND LEAD AND ON P.L. PROD., 4.50' FROM THE CORNER.SET LEAD AND TAG STAMPED L.S. 4653ON P.L. PROD., 4.50' FROM THE CORNER.FOUND LEAD AND TAG STAMPED L.S. 4653(11.82FS)(12.13FS)(12.06FS)(12.02FS)(12.44FS)(11.98FS)(11.95TG)(12.40FS)(12.94FF)(12.15FS)(11.68FS)EDIDSON BOX(12.03TG)(12.07FS)(11.60FS)(11.88FS)(11.93FS)CONC.(15.07TW)(11.49FS)(11.44FS)(11.36FL)(11.41FL)(11.71TC)(14.28TW)(14.74TW)(11.75FS)ACACACCONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.CONC.BUILDING2 STORYSTEPSTAG STAMPED L.S.231212.08FS12.40FS1 2 . 5 FS 1 2 . 2 7GF F 12.27GFF12 .2 1GF F 11 . 6 7 F S 12 . 3 5 F S 1 2 . 5 FS 12.40FS1 2 . 3 5FS 12.35FS12 .2 7GF F 12 .5 F S 11.67TG11.67TG3'-0"3'-5"8'-4"7'-4"15'-0" (min)EROSION CONTROL PLAN d'zn engineeringPLANS PREPARED BY: 26 Mar 2024 02-GRD-04-ERS-3509 Seashore Drive.dwg THESE PLANS WERE PREPARED UNDERTHE SUPERVISION OF:INMISSEDALONLA-AENGAE PR D INO ISTERE ROF.LNo. C54067EREG LIA IAL FOR N IICS EXP. ETATOFV12/31/25CEER166 MATISSE CIRCLEALISO V IEJO, CA 92656TEL: (949) 305-8920CLIENT/OWNER:TANYA&BARRYPINE3509 Seashore DriveNewport Beach, CA 92663SHEET TITLEPROJECT_ADDRESS3509 Seashore DriveNewport Beach, CA 92663BENCHMARKCOUNTY OF ORANGE BENCH MARKNB2-7-77ELEVATION= 8.565 NAVD 88 DATUM-APN: 423-335-03DATE:26-MAR-2024ENGINEER:R. DEMA-ALACHECKER:R. DEMA-ALAPROJECT_No:2167REVISIONSSTATUS:SUBMITTAL 1SHEETOFSHEETSBASIS OF BEARINGS:12345STREET SWEEPING AND VACUUMING ASREQUIRED - SE-7INSTALL SANITARY/SEPTIC WASTEMANAGEMENT - WM-9INSTALL STOCKPILE MANAGEMENT WM-3 BMPINSTALL TEMPORARY EROSION CONTROLGRAVEL BAGS (2 HIGH) SE-6 BMPCOMBINATIONINSTALL TEMPORARY CONCRETE WASH OUTBASIN WITH PLASTIC LINER-WM-8 BMPEROSION CONTROL NOTES1. WIND EROSION BMPS (DUST CONTROL) SHAL BE IMPLEMENTED.2. SED IMENT CONTROL BMPS SHALL BE INSTALLED AND MAINTAINED AT ALL OPERATIONAL STORM DRAIN INLETS .3. BMPS TO CONTROL OFF-SITE SEDIMENT TRACKING SHALL BE IMPLEMENTED AND MA INTAINED.4. APPROPRIATE WASTE MANAGEMENT AND MATER IALS POLLUT ION CONTROL BMPS SHALL BE IMPLEMENTED TOPREVENT THE CONTAMINATION OF STORM WATER BY WASTES AND CONSTRUCTION MATERIALS.5. APPROPRIATE NON-STORM WATER BMPS SHALL BE IMPLEMENTED TO PREVENT THE CONTAMINATION OF STORMWATER FROM CONSTRUCTION ACTIVITIES.6. THERE SHALL BE A "WEATHER TRIGGERED" ACTION PLAN AND THE ABILITY TO DEPLOY STANDBY SEDIMENT CONTROLBMPS AS NEEDED TO COMPLETELY PROTECT THE EXPOSED PORTIONS OF THE SITE WITHIN 48 HOURS OF APREDICTED STORM EVENT (A PREDICTED STORM IS DEFINED AS A FORECASTED, 50% CHANCE OF RAIN).7. SUFFICIENT MATERIALS NEEDED TO INSTALL STANDBY SED IMENT CONTROL BMPS (AT THE SITE PERIMETER, SITESLOPES AND OPERATIONAL INLETS WITH IN THE SITE) NECESSARY TO PREVENT SEDIMENT DISCHARGES FROM EXPOSEDPORTIONS OF THE SITE SHALL BE STORED ON SITE. AREAS THAT HAVE ALREADY BEEN PROTECTED FROM EROS IONUSING PHYSICAL STABILIZATION OR ESTABLISHED VEGETATION STABILIZATION BMPS AS DESCRIBED IN ITEM H ARE NOTCONSIDERED TO BE "EXPOSED" FOR PURPOSES OF THIS REQUIREMENT.8. DEPLOYMENT OF PERMANENT EROS ION CONTROL BMPS (PHYS ICAL OR VEGETATION) SHOULD COMMENCE AS SOONAS PRACTICAL ON SLOPES THAT ARE COMPLETED FOR ANY PORTION OF THE S ITE. STANDBY BMP MATERIALSSHOULD NOT BE RELIED UPON TO PREVENT EROS ION OF SLOPES THAT HAVE BEEN COMPLETED.1. WHERE APPROPRIATE SEDIMENT CONTROL BMPS SHALL BE IMPLEMENTED AT THE S ITE PERIMETER, AT ALLOPERATIONAL STORM DRAIN INLETS, AND AT ALL NON-ACTIVE SLOPES, TO PROV IDE SUFFICIENT PROTECTION FORSTORMS LIKELY TO OCCUR DURING THE RAINY SEASON.2. ADEQUATE PHYS ICAL OR VEGETAT ION EROSION CONTROL BMPS (TEMPORARY OR PERMANENT) SHALL BE INSTALLEDAND ESTABLISHED FOR ALL COMPLETED SLOPES PRIOR TO THE START OF THE RAINY SEASON. THESE BMPS MUST BEMAINTAINED THROUGHOUT THE RAINY SEASON. IF A SLECTED BMPS FAILS, IT MUST BE REPAIRED AND IMPROVED, ORREPLACED WITH AN ACCEPTABLE ALTERNATE AS SOON AS IT IS SAFE TO DO SO. THE FAILURE OF A BMP MAY INDICATE THAT THE BMP, AS INSTALLED, WAS NOT ADEQUATE FOR THE CIRCUMSTANCES IN WHICH IT WAS USED.REPAIRS OR REPLACEMENTS MUST RESULT IN A MORE ROBUST BMP, OR ADDITIONAL BMPS SHOULD BE INSTALLED TOPROVIDE ADEQUATE PROTECTION.3. THE AMOUNT OF EXPOSED SOIL ALLOWED AT ONE TIME SHAL NOT EXCEED THAT WHICH CAN BE ADEQUATELYPROTECTED BY DEPLOYING STANDBY EROSION CONTROL AND SEDIMENT CONTROL BMPS PRIORT TO A PRED ICTEDRAINSTORM.4. A DISTURBED AREA THAT IS NOT COMPLETED BY THAT IS NOT BEING ACTIVELY GRADED (NON-ACTIVE AREA) SHALLBE FULLY PROTECTED FROM EROSION WITH TEMPORARY OR PERMANENT BMPS (EROSION AND SED IMENT CONTROL).THE ABILITY TO DEPLOY STANDBY BMP MATERIALS IS NOT SUFFICIENT FOR THESE AREAS. EROSION AND SED IMENTCONTROL BMPS MUST ACTUALLY BE DEPLOYED. THIS INCLUDES ALL BUILDING PADS, UNFINISHED ROADS, ANDSLOPES.5. SUFFICIENT MATERIALS NEEDED TO INSTALL STANDBY EROSION AND SEDIMENTS BMPS NECESSARY TO COMPLETELYPROTECT THE EXPOSED PORTIONS OF THE SITE FROM EROSION AND TO PREVENT SDEIMENT DISCHARGES SHALL BESTORED ON-SITE. AREAS THAT HAVE ALREADY BEEN PROTECTED FROM EROSION USING PERMANENT PHYSICALSTABLILZATION OR ESTABLISHED VEGETATION STABILIZATION BMPS ARE NOT CONS IDERED TO BE "EXPOSED" FORPURPOSES OF THIS REQUIREMENT.1. IN CASE OF EMERGENCY, CALL AT OFFICE PHONE #2. SEDIMENT FROM AREAS D ISTURBED BY CONSTRUCT ION SHALL BE RETAINED ON S ITE USING STRUCTURAL CONTROLSTO THE MAXIMUM EXTENT PRACTICABLE.3. STOCKPILES OF SO IL SHALL BE PROPERLY CONTAINED TO MINIMIZE SED IMENT TRANSPORT FROM THE S ITE TOSTREETS. DRAINAGE FACILIT IES OR ADJACENT PROPERTIES VIA RUNOFF, VEHICLE TACKING, OR WIND.4. APPROPRIATE BMP'S FOR CONSTRUCTION-RELATED MATERIALS, WASTES, AND SP ILLS, SHALL BE IMPLEMENTED TOMIN IMIZE TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FAC IL ITIES, OR ADJO INING PROPERTIES BY W IND ORRUNOFF.5. RUNOFF FROM EQUIPMENT AND VEH ICLE WASHING SHALL BE CONTA INED AT CONSTRUCTION S ITES UNLESS TREATEDTO REDUCE OR REMOVE SEDIMENT AND OTHER POLLUTANTS.6. ALL CONSTRUCT ION CONTRACTOR AND SUBCONTRACTOR PERSONNEL ARE TO BE MADE AWARE OF THE REQUIREDBEST MANAGEMENT PRACTICES AND GOOD HOUSEKEEPING MEASURES FOR THE PROJECT SITES AND ANYASSOCIATED CONSTRUCTION STAGING AREAS.7. AT THE END OF EACH DAY OF CONSTRUCT ION ACTIVITY ALL CONSTRUCT ION DEBR IS AND WASTE MATERIALS SHALLBE COLLECTED AND PROPERLY DISPOSED IN TRASH OR RECYCLE BINS.8. CONSTRUCTION SITES SHALL BE MA INTAINED IN SUCH A CONDITION THAT AN ANTIC IPATED STORM DOES NOT CARRYWASTES OR POLLUTANTS OFF THE SITE. DISCHARGES OF MATER IAL OTHER THAN STORMWATER ONLY WHENNECESSARY FOR PERFORMANCE AND COMPLETION OF CONSTRUCTION PRACTICES AND WHERE THEY DO NOT: CAUSEOR CONTRIBUTE TO A VIOLATION OF ANY WATER QUALITY STANDARD : CAUSE OR THREATEN TO CAUSE POLLUTION,CONTAMINATION, OR NUISANCE: OR CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITY REPORTABLE UNDER FEDERALREGULATIONS 40 CFR PARTS 117 & 302.9. POTENT IAL POLLUTANTS INCLUDE BUT ARE NOT L IMITED TO: SOLID OR LIQU ID CHEMICAL SPILLS; WASTES FROM PA INTS,STAINS, SEALANTS, GLUES, LIMES, PESTICIDES, HERBICIDES, WOOD PRESERVATIVES AND SOLVENTS; ASBESTOSFIBERS, PA INT FLAKES OR STUCCO FRAGMENTS: FUELS, OILS, LUBRICANTS, AND HYDRAULIC, RAD IATOR OR BATTERYFLUIDS; FERTILIZERS, VEHICLES/ EQUIPMENT WASH WATER AND CONCRETE WASH WATER; CONCRETE, DETERGENT ORFLOATABLE WASTES; WASTES FROM ANY ENGINE/EQUIPMENT STEAM CLEANING OR CHEMICAL DEGREASING; ANDSUPER CHLORINATED POTABLE WATER LINE FLUSHING. DURING CONSTRUCTION, PERMITEE SHALL DISPOSE OF SUCHMATERIALS IN A SPECIFIED AND CONTROLLED TEMPORARY AREA ON SITE. PHYSICALLY SEPARATED FROMPOTENTIAL STORM WATER RUNOFF, W ITH ULT IMATE DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERALREQUIREMENTS.10. DEWATERING OF CONTAMINATED GROUNDWATER, OR DISCHARGING CONTAMINATED SOILS VIA SURFACE EROSION ISPROHIBITED. DEWATERING OF NON-CONTAMINATED GROUNDWATER REQU IRES A NATIONAL POLLUTANT D ISCHARGEELIMINATION SYSTEM PERMIT FROM THE RESPECTIVE STATE REGIONAL WATER QUALITY CONTROL BOARD.11. GRADED AREAS ON THE PERMITTED AREA PER IMETER MUST DRAIN AWAY FROM THE FACE OF SLOPES AT THECONCLUSION OF EACH WORKING DAY. DRAINAGE IS TO BE DIRECTED TOWARD DESILTING FACILITIES.12. THE PERMITEE AND CONTRACTOR SHALL BE RESPONSIBLE AND TAKE NECESSARY PRECAUTIONS TO PREVENT PUBLICTREPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES A HAZARDOUS CONDITION.13. THE PERMITEE AND CONTRACTOR SHALL INSPECT THE EROS ION CONTROL WORK AND INSURE THAT THE WORK IS INACCORDANCE WITH THE APPROVED PLANS.14. THE PERMITEE AND CONTRACTOR SHALL NOTIFY ALL GENERAL CONTRACTORS, SUBCONTRACTORS, MATERIALSUPPLIERS, LESSEES, AND PROPERTY OWNERS: THAT DUMPING OF CHEMICALS INTO THE STORM DRA IN SYSTEM ORTHE WATERSHED IS PROHIB ITED .15. EQUIPMENT AND WORKERS FOR EMERGENCY WORK SHALL BE MADE AVAILABLE AT ALL TIMES DURING THE RAINYSEASON. NECESSARY MATERIALS SHALL BE AVAILABLE ON SITE AND STOCKP ILED AT CONVEN IENT LACAT IONS TOFACILITATE RAPID CONSTRUCTION OF TEMPORARY DEVICES WHEN RAIN IS IMMINENT .16. ALL REMOVABLE EROSION PROTECTIVE DEVICES SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN5-DAY RAIN PROBABIL ITY FORECAST EXCEEDS 40%.17. SEDIMENTS FROM AREAS DISTURBED BY CONSTRUCTION SHALL BE RETA INED ON SITE US ING AN EFFECTIVECOMBINATION OF EROS ION AND SED IMENT CONTROLS TO THE MAXIMUM EXTENT PRACT ICABLE, AND STOCKPILES OFSOILS SHALL BE PROPERLY CONTAINED TO MINIMIZE SEDIMENT TRANSPORT FROM THE SITE STREETS, DRAINAGEFACILIT IES OF ADJACENT PROPERTIES V IA RUNOFF, VEHICLE TRACKING, OR WIND.18. APPROPRIATE BMPS FOR CONSTRUCTION-RELATED MATERIALS, WASTES SPILLS OR RESIDUES SHALL BEIMPLEMENTED AND RETAINED ON SITE TO MINIMIZE TRANSPORT FROM THE THE SITE TO STREETS, DRAINAGEFACILIT IES, OR ADJOINING PROPERTY BY WIND OR RUNOFF.TANYA & BARRY PINEDRY SEASON REQUIREMENTS (MAY-SEPTEMBER)WET SEASON REQUIREMENTS (OCTOBER-APRIL)N.P.D.E.S. NOTES:SCALE: 1/4"=1'-0"PLAN8GRAPHIC SCALE: 1/4"= 1'-0"04121113542SEASHORE DRIVECDP-22263 64 65 66 From:Janet Brown To:Planning Commission Cc:Orozco, Oscar; Murillo, Jaime Subject:Pine Residence, 3509 Seashore Drive (PA2022-0212) Date:June 19, 2024 10:15:33 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners. This is regarding the application for a variance and coastal development permit for the PineResidence located at 3509 Seashore Drive. I have reviewed the staff report and supporting documents for the proposed project and havethe following comments: The proposed encroachment in the west side yard setback for entryway stairs are necessary toprovide access to the dwelling from the rear of the property (Seashore Drive). These stairsalso provide direct access to and from the dwelling to the front patio and the beach front. The proposed encroachment for entryway stairs at the rear of the east side yard setbackprovides direct access to the ADU and a second access to the main dwelling unit. These stairsare necessary to provide direct access to the ADU. They also provide direct access from bothunits to and from the front patio and beach front. Both of these encroachments are necessary to provide reasonable access to the dwellings andwe support approval of the variance and coastal development permit. Regarding the second set of entryway stairs at the front of the east side yard setback, the floorplans indicate the dwelling unit can be accessed by the entry stairs on the east side at the rear of the lot, as well as from the entry stairs on the west side of the lot. Therefore, this second setof entryway stairs are not necessary to provide access to the dwelling unit. For this reason we do not support approval of this encroachment. Pending approval by Coastal Commission, Ordinance 2023-010 to amend the Zoning Codewould allow certain encroachments in the side and rear setback in order to provide reasonable access to dwellings subject to certain limitations. Specifically, for interior lots such as this oneencroachments in a side or rear setback may only be permitted to the minimum extent necessary to provide access to a dwelling. We request that the Planning Commission approve encroachments with one entry stairway inthe east side yard setback and one entry stairway in the west side yard setback which would meet the intent and spirit of the proposed zoning code amendment. I’m sorry I am unable to attend the public hearing as I am currently out of the area. Thank youfor your consideration. Sincerely, Janet Brown Planning Commission - June 20, 2024 Item No. 3a - Additional Materials Received Pine Residence (PA2022-0212) To: City of Newport Beach Planning Commission From: Olson Family 3511 Seashore Drive Newport Beach, CA RE: Coastal Development Permit and Variance @3509 Seashore Drive, Pine Residence Project File No: PA2022-0212 Please read the following to the Planning Commission during the June 20th public hearing. We have been homeowners at 3511 Seashore since the 1940’s. As the City of Newport Beach allows larger and taller homes to be constructed, the precious few square feet between properties seems to be in constant threat. Our concerns regarding this variance request for exterior stairs reaching the property line are genuine. The hindering of ingress and egress along the West side of 3509 and us at 3511 Seashore. This would limit access for any furnishings, bicycles, ladders, etc. from being able to go back or forward on the side of the houses. Refuse cans would not be able to pass by. This area is our main exterior passage from the front to back of our home. The new mandate putting homes on pylons plus three stories on top of the finished grade blocks a lot of our sunlight. With the addition of what looks like a fire escape into our living and dining room is a plan we must object to. Our number one issue would be Fire Department access in the event of an emergency. From what we see on the Planning Department drawings, an open stairway within the footprint of this structure would be far superior to the addition of encroaching metal stairs. Another option to consider is to remove the entry stairs on the west side since they have entry stairs and elevator access on the east side. Please consider these important issues when reviewing this variance request. If sometime in the future we were to request same, there would absolutely no way to pass between homes. Sincerely, The Olson Family Contact: Mark Bingham 626-818-5946 MCBVLB@AOL.COM Planning Commission - June 20, 2024 Item No. 3a - Additional Materials Received Pine Residence (PA2022-0212) PINE RESIDENCE(PA2022-0212) COASTAL DEVELOPMENT PERMIT AND VARIANCE Planning Commission, Public Hearing June 20, 2024 Oscar Orozco, Assistant Planner 949-644-3219, oorozco@newportbeachca.gov Planning Commission - June 20, 2024 Item No. 3b - Additional Materials Presented at the Meeting by Staff Pine Residence (PA2022-0212) PROJECT DESCRIPTION •Coastal Development Permit •Demolition of existing duplex •Construction of new single-unit dwelling with attached ADU •Variance •Over-height entry stairs in the side setback 2 Planning Commission - June 20, 2024 Item No. 3b - Additional Materials Presented at the Meeting by Staff Pine Residence (PA2022-0212) VE FLOOD ZONE 3 Subject Property Planning Commission - June 20, 2024 Item No. 3b - Additional Materials Presented at the Meeting by Staff Pine Residence (PA2022-0212) PROJECT LOCATION 4 Subject Property Public Boardwalk Planning Commission - June 20, 2024 Item No. 3b - Additional Materials Presented at the Meeting by Staff Pine Residence (PA2022-0212) PROJECT STANDARDS 5 Development Feature Required Proposed Setbacks (min.) * Front (West Ocean Front) Rear (Alley) Left Side (West) Right Side (East) 5 feet 0 feet 3 feet 3 feet 5 feet 2 feet 3 feet 3 feet Height (max.) Flat Roof Sloped Roof 24 feet 29 feet 24 feet 29 feet Floor Area Limit (max.)3,224 sq. feet 3,156 sq. feet Parking (min.)2 spaces 2 spaces 3rd Floor Stepbacks 15 feet 15 feet * Project includes Variance request for setback encroachments for entry stairs Planning Commission - June 20, 2024 Item No. 3b - Additional Materials Presented at the Meeting by Staff Pine Residence (PA2022-0212) 6 Existing Grade (<12’) Base Flood Elevation (15’)1’ Freeboard Finished Floor (17.5’) Max height (46.50’ or 29’) PROJECT DESIGN - EAST ELEVATION Planning Commission - June 20, 2024 Item No. 3b - Additional Materials Presented at the Meeting by Staff Pine Residence (PA2022-0212) 7 ~5.5’ to top of landing • Entry stairs in the side setback •NBMC allows stairs in the side setback with max height of 18” •Project proposes ~5.5’ to top of landing VARIANCE REQUEST East Elevation ADU Entry StairsSide Entry Stairs Planning Commission - June 20, 2024 Item No. 3b - Additional Materials Presented at the Meeting by Staff Pine Residence (PA2022-0212) 8 ~5.5’ to top of landing •Entry stairs in the side setback •NBMC allows stairs in the side setback with max height of 18” •Project proposes ~5.5’ to top of landing VARIANCE REQUEST West Elevation Side Entry Stairs Planning Commission - June 20, 2024 Item No. 3b - Additional Materials Presented at the Meeting by Staff Pine Residence (PA2022-0212) 9 ADU Entry Stairs Side Entry Stairs Seashore Drive Side Entry Stairs Site Plan Planning Commission - June 20, 2024 Item No. 3b - Additional Materials Presented at the Meeting by Staff Pine Residence (PA2022-0212) FINDINGS 10 •VE Flood Zone requires a raised elevation, and internal stairs would reduce livable floor area • Stairs provide direct access to boardwalk •Designed with open guardrails to help reduce visual impact •Guardrails oriented to run along the sides of the staircases and do not directly face the street or boardwalk Planning Commission - June 20, 2024 Item No. 3b - Additional Materials Presented at the Meeting by Staff Pine Residence (PA2022-0212) RECOMMENDED ACTION 11 •Conduct a public hearing •Find this project exempt from CEQA pursuant to Class 3 of the CEQA guidelines •Adopt Resolution No. PC2024-014 approving the Coastal Development Permit and Variance Planning Commission - June 20, 2024 Item No. 3b - Additional Materials Presented at the Meeting by Staff Pine Residence (PA2022-0212) QUESTIONS AND DISCUSSION Oscar Orozco, Assistant Planner 949-644-3219, oorozco@newportbeachca.gov 12 Planning Commission - June 20, 2024 Item No. 3b - Additional Materials Presented at the Meeting by Staff Pine Residence (PA2022-0212)