HomeMy WebLinkAbout05_122 Via Lido Nord, LLC Residence CDP_PA2024-0144
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 12, 2024
Agenda Item No. 5
SUBJECT: 122 Via Lido Nord, LLC Residence (PA2024-0144)
▪ Coastal Development Permit
SITE LOCATION: 122 Via Lido Nord
APPLICANT: Olson Architects
OWNER: 122 Via Lido Nord, LLC
PLANNER: Jenny Tran, Associate Planner
949-644-3212, jtran@newportbeachca.gov
LAND USE AND ZONING
• General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
• Zoning District: R-1 (Single-Unit Residential)
• Coastal Land Use Plan Category: RSD-C (Single Unit Residential Detached) – (10.0
– 19.9 DU/AC)
• Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A request for a Coastal Development Permit (CDP) to allow the demolition of an existing
single-unit dwelling and construction of a 2,577 square foot, two-story, single-unit dwelling
with an attached 423 square foot two-car garage. The project includes property line
fence/walls, raised pedistal decking, accessory structures, and subsurface drainage
facilities all within the confines of private property. The project also includes reinforcing
and raising the existing bulkhead. The project complies with all development standards
and no deviations from the municipal code 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, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the environment;
and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit filed as PA2024-0144 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
• The subject property is in the R-1 Coastal Zoning District, which provides for single-
unit residential development and is consistent with the City’s Coastal Land Use Plan,
General Plan, and Zoning Code. A coastal development permit is required, and the
property is not eligible for a waiver for de minimis development because the property
is in the Coastal Commission Appeal Area.
• The property currently consists of one legal lot developed with a single-unit dwelling.
The neighborhood is predominantly developed with two-story, single-unit
dwellings. The proposed design, bulk, and scale of the development are consistent
with the existing neighborhood pattern of development and expected future
development consistent with applicable development standards.
• The proposed single-unit dwelling and accessory structures conform to all applicable
development standards, including floor area limit, setbacks, height, and off-street
parking as evidenced by the project plans and illustrated in Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Bayside) 10 feet 10 feet
Front (Via Lido Nord) 4 feet 4 feet
Side 3 feet 3 feet
Allowable Floor Area (max.) 3,648 square feet 3,001 square feet
Open Space (min.) 273.6 square feet 285.7 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
• The development fronts the Newport Bay and is a private bay front parcel. The project
site is protected by an existing bulkhead. A Coastal Hazards and Bulkhead
Conditions Report was prepared by PMA Consulting, Inc. dated April 15, 2024, for
the project. The current maximum bay water elevation is 7.70 NAVD88 (North
American Vertical Datum of 1988) and may exceed the existing 7.90 feet NAVD88
top of bulkhead elevation during high tide or storm events. The report analyzes
future sea level rise scenarios assuming a 3.15-foot increase in the maximum
water level over the next 75 years (i.e. the life of the structure). Therefore, the sea
level is estimated to reach approximately 10.85 feet NAVD88 (the likely range for
sea level rise over the 75-year design life of the structure based on low-risk
aversion estimates for sea level rise provided by the State of California, Sea Level
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Rise Guidance: 2018 Update). The report concluded that the bulkhead should be
repaired and reinforced through the installation of new tiebacks and new deadmen.
The installation of the tiebacks and deadmen will occur after the demolition of the
existing home is complete and prior to the construction of the new home. Once the
bulkhead is reinforced in accordance with the enclosed drawings, no repair or
replacement of the bulkhead is anticipated within the next 75 years
• On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential
Facilities. The guidelines require that any bulkhead structure permitted within the
years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet
(NAVD 88) with a design for adaptability elevation of 14.4 feet (NAVD 88). The
project raising the bulkhead to an elevation of 11.36 feet (NAVD 88), which
exceeds the City’s minimum standard of 10.9 feet NAVD88. PMA Consulting, Inc.
has confirmed that the bulkhead can be raised up to 14.4 feet (NAVD 88) if needed
in the future.
• Once the existing seawall/bulkhead is repaired/reinforced/raised per the report’s
recommendations, flooding, wave runup, and erosion will not significantly impact
this property over the proposed 75-year economic life of the development. If
needed, flood shields (sandbags and other barriers) can be deployed across the
openings to protect and prevent flooding to the structure. The report concludes
that the proposed project will be safe from flooding hazards for the next 75 years
with the reinforced/capped bulkhead. Therefore, the project has been conditioned
to raise the bulkhead up to 10.9 feet (NAVD88).
• The finished floor elevation of the proposed single-unit dwelling is 11.29 feet
(NAVD88), which complies with the minimum 9.00 feet (NAVD88) elevation
standard.
• As conditioned pursuant to Newport Beach Municipal Code (NBMC) Section
21.30.030(C)(3)(i)(iv) - (Bulkheads for nonresidential and residential waterfront
development), the property owner will be required to enter into an agreement with
the City waiving any potential right to protection to address situations in the future
in which the development is threatened with damage or destruction by coastal
hazards (e.g., waves, erosion, and sea level rise). The property owner will also be
required to acknowledge any hazards present at the site and unconditionally waive
any claim to damage or liability against the decision authority, consistent with
NBMC Section 21.30.015(D)(3)(c) – (Waterfront Development, Development
Standards). Both requirements are included as conditions of approval that will
need to be satisfied prior to the issuance of building permits for construction.
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• The property is in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code (CBC) and
Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved before the
issuance of a building permit. Permit issuance is also contingent on the inclusion of
design mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC before building permit issuance.
Water Quality
• The property is located adjacent to coastal waters. 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 from 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.
• Pursuant to NBMC Section 21.35.050, due to the proximity of the development to the
shoreline and the development containing more than 75 percent of impervious
surface area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary
WQHP has been prepared for the project by Core Civil Engineering, Inc. dated, July
10, 2024. The WQHP includes a polluted runoff and hydrologic site characterization,
a sizing standard for BMPs, the use of a LID approach to retain the design storm
runoff volume on-site, and documentation of the expected effectiveness of the
proposed BMPs.
Public Access and Views
• The project site is located between the nearest public road and the sea or
shoreline. Implementation Plan Section 21.30A.040 (Water Quality and Hydrology
Plan) requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the
impact. In this case, the project replaces an existing single-family residence
located on a standard R-1 lot with a new single-family residence. Therefore, the
project does not involve a change in land use, density, or intensity that will result
in increased demand for public access and recreation opportunities. Furthermore,
the project is designed and sited (appropriate height, setbacks, etc.) so as not to
block or impede existing public access opportunities.
• The closest public viewpoint is located at the bridge to Lido Island approximately
650 feet to the west. The proposed dwelling is not located near any coastal view
roads as designated in the Coastal Land Use Plan. Due to the distance of the
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proposed development from the public viewpoint, intervening development, and
the project’s compliance with height and setbacks, the project will not impact
coastal views. The project is within the viewshed of the bay. However, the
proposed single-unit dwelling complies with all applicable Local Coastal Program
(LCP) development standards and maintains a building envelope consistent with
the existing neighborhood pattern of development. Therefore, the project does not
have the potential to degrade the visual quality of the Coastal Zone or result in
significant adverse impacts to public views.
• Vertical and lateral access to the bay is available at the terminus of Via Antibes
along Via Lido Nord where there is a small sandy beach and grass area. The
project is approximately 70 feet away from this public beach area and does not
include any features that would obstruct access along these routes.
• The front of the proposed residence, which is visible from Via Lido Nord, includes
substantial architectural treatment and visual interest, in-keeping with the design
guidelines of the Zoning Code. The new structure would comply with required
setbacks, build approximately 641 square feet less than the maximum floor area
allowed by the NBMC, and reach a maximum height of 24 feet where a maximum of
29 feet is allowed by the NBMC. Therefore, the project does not have the potential
to degrade the visual quality of the Coastal Zone or result in significant adverse
impacts to existing public views.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) under Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no
potential to have a significant effect on the environment. The Class 3 exemption includes
the construction of limited numbers of new, small structures, including up to three single-unit
dwellings in urbanized areas. The proposed project is a new single-unit dwelling located in
the R-1 Coastal Zoning District.
The proposed project consists of the demolition of one single-family residence and the
construction of a new 2,577-square-foot single-family residence with an attached 423-
square-foot two-car garage and therefore qualifies within this exemption. There are no
known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the
use of this exemption. The project location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is not
identified as a historical resource.
PUBLIC NOTICE
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122 Via Lido Nord, LLC Residence (PA2024-0144)
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Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the city website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director by the provisions of Title 21 (Local Coastal Program [LCP]
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal
to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
____________________________
Jenny Tran, Associate Planner
LAW/jt
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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01-10-2023
RESOLUTION NO. ZA2024-##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A COASTAL
DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-
UNIT DWELLING AND CONSTRUCT A NEW TWO-STORY
SINGLE-UNIT DWELLING AND ATTACHED TWO-CAR GARAGE
LOCATED AT 122 VIA LIDO NORD (PA2024-0144)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Olson Architects, concerning property located at 122 Via Lido
Nord, requesting approval of a coastal development permit.
2. The lot at 122 Via Lido Nord is legally described as Lot 864 of Tract No. 907.
3. The applicant requests a Coastal Development Permit (CDP) to allow the demolition of
an existing single-unit dwelling and construction of a 2,577 square foot, two-story,
single-unit dwelling with an attached 423 square foot two-car garage. The project
includes property line fence/walls, raised pedistal decking, accessory structures, and
subsurface drainage facilities all within the confines of private property. The project also
includes reinforcing and raising the existing bulkhead. The project complies with all
development standards and no deviations from the municipal code are requested.
4. The subject property is designated Single Unit Residential Detached (RS-D) by the
General Plan Land Use Element and is located within the Single-Unit Residential (R-1)
Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single Unit Residential Detached (RSD-C) – (10.0 – 19.9 DU/AC) and it is
located within the Single-Unit Residential (R-1) Coastal Zoning District.
6. A public hearing was held on December 12, 2024, online via Zoom. A notice of the time,
place, and purpose of the hearing was given by the Newport Beach Municipal Code
(NBMC). Evidence, both written and oral, was presented to and considered by, the
Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures) because it has no potential to have a significant effect on
the environment.
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Zoning Administrator Resolution No. ZA2024-##
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2. Class 3 exempts the demolition, construction, or conversion of up to three single-unit
dwellings in urbanized areas. The proposed project consists of the demolition of an
existing single-unit dwelling and construction of a new 2,577 square foot, single-unit
dwelling, and attached 423 square foot, two-car garage.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
By Section 21.52.015 (Coastal Development Permits, Findings, and Decision) of the Newport
Beach Municipal Code, the following findings, and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 3,648 square feet and the proposed floor area
is 3,001 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the front property line abutting Newport Bay, 3 feet along each side
property line, and 4 feet along the second front property line abutting the Via Lido
Nord.
c. The highest guardrail is less than 24 feet from the established grade (11.52 feet
NAVD88) and the highest ridge is no more than 29 feet from the established grade,
which complies with the maximum height requirements.
d. The project includes garage parking for a total of two vehicles, complying with the
minimum two-car garage parking requirement for single-unit dwellings with less
than 4,000 square feet of habitable floor area.
2. The neighborhood is predominantly developed with two-story, single-unit dwellings. The
proposed design, bulk, and scale of the development are consistent with the existing
neighborhood pattern of development.
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01-10-2023
3. A Coastal Hazards and Bulkhead Conditions Report was prepared by PMA Consulting,
Inc. dated April 15, 2024, for the project. The current maximum bay water elevation is
7.70 NAVD88 (North American Vertical Datum of 1988 (NAVD88) and may exceed the
existing 7.90 feet NAVD88 top of bulkhead elevation during high tide or storm events.
The report analyzes future sea level rise scenarios assuming a 3.15-foot increase in the
maximum water level over the next 75 years (i.e. the life of the structure). Therefore, the
sea level is estimated to reach approximately 10.85 feet NAVD88 (the likely range for
sea level rise over the 75-year design life of the structure based on low-risk aversion
estimates for sea level rise provided by the State of California, Sea Level Rise Guidance:
2018 Update). The report concluded that the bulkhead should be repaired and
reinforced through the installation of new tiebacks and new deadmen. The installation
of the tiebacks and deadmen will occur after the demolition of the existing home is
complete and prior to the construction of the new home. Once the bulkhead is reinforced
in accordance with the enclosed drawings, no repair or replacement of the bulkhead is
anticipated within the next 75 years
4. On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities.
The guidelines require that any bulkhead structure permitted within the years 2021
through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88) with a
design for adaptability elevation of 14.4 feet (NAVD 88). The project raising the bulkhead
to an elevation of 11.36 feet (NAVD 88), which exceeds the City’s minimum standard of
10.9 feet NAVD88. PMA Consulting, Inc. has confirmed that the bulkhead can be raised
up to 14.4 feet (NAVD 88) if needed in the future.
5. Once the existing seawall/bulkhead is repaired/reinforced/raised per the report’s
recommendations, flooding, wave runup, and erosion will not significantly impact this
property over the proposed 75-year economic life of the development. If needed, flood
shields (sandbags and other barriers) can be deployed across the openings to protect
and prevent flooding to the structure. The report concludes that the proposed project will
be safe from flooding hazards for the next 75 years with the reinforced/capped bulkhead.
Therefore, the project has been conditioned to raise the bulkhead up to 10.9 feet
(NAVD88).
6. The finished floor elevation of the proposed single-unit dwelling is 11.29 feet (NAVD88),
which complies with the minimum 9.00 feet (NAVD88) elevation standard.
7. As conditioned pursuant to Newport Beach Municipal Code (NBMC) Section
21.30.030(C)(3)(i)(iv) - (Bulkheads for nonresidential and residential waterfront
development), the property owner will be required to enter into an agreement with the
City waiving any potential right to protection to address situations in the future in which
the development is threatened with damage or destruction by coastal hazards (e.g.,
waves, erosion, and sea level rise). The property owner will also be required to
acknowledge any hazards present at the site and unconditionally waive any claim to
damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c) – (Waterfront Development, Development Standards). Both
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01-10-2023
requirements are included as conditions of approval that will need to be satisfied prior
to the issuance of building permits for construction.
8. The property is in an area known for the potential of seismic activity and liquefaction. All
projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved before the issuance of building
permits. Permit issuance is also contingent on the inclusion of design mitigation identified
in the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC before building permit issuance.
9. The property is located adjacent to coastal waters. 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 from 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.
10. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the
proximity of the development to the shoreline and the development containing more than
75% of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required.
A preliminary WQHP has been prepared for the project by Core Civil Engineering, Inc.
dated, July 10, 2024. The WQHP includes a polluted runoff and hydrologic site
characterization, a sizing standard for BMPs, the use of a LID approach to retain the design
storm runoff volume on-site, and documentation of the expected effectiveness of the
proposed BMPs.
11. Proposed landscaping complies with Implementation Plan Section 21.30.075. A
condition of approval is included that requires drought-tolerant species. Before the
issuance of building permits, the final landscape plans will be reviewed to verify invasive
species are not planted.
12. The closest public viewpoint is located at the bridge to Lido Island approximately 650
feet to the west. The proposed dwelling is not located near any coastal view roads as
designated in the Coastal Land Use Plan. Due to the distance of the proposed
development from the public viewpoint, intervening development, and the project’s
compliance with height and setbacks, the project will not impact coastal views. The
project is within the viewshed of the bay. However, the proposed single-unit dwelling
complies with all applicable Local Coastal Program (LCP) development standards and
maintains a building envelope consistent with the existing neighborhood pattern of
development. Therefore, the project does not have the potential to degrade the visual
quality of the Coastal Zone or result in significant adverse impacts to public views.
13. The front of the proposed residence, which is visible from Via Lido Nord, includes
substantial architectural treatment and visual interest, in-keeping with the design
guidelines of the Zoning Code. The new structure would comply with required setbacks,
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01-10-2023
build approximately 641 square feet less than the maximum floor area allowed by the
NBMC, and reach a maximum height of 24 feet where a maximum of 29 feet is allowed by
the NBMC. Therefore, the project does not have the potential to degrade the visual quality
of the Coastal Zone or result in significant adverse impacts to existing public views.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access
bear a reasonable relationship between the requirement and the project’s impact and
be proportional to the impact. In this case, the project replaces an existing single-family
residence located on a standard R-1 lot with a new single-family residence. Therefore,
the project does not involve a change in land use, density, or intensity that will result in
increased demand for public access and recreation opportunities. Furthermore, the
project is designed and sited (appropriate height, setbacks, etc.) so as not to block or
impede existing public access opportunities.
2. Vertical and lateral access to the bay is available at the terminus of Via Antibes along
Via Lido Nord where there is a small sandy beach and grass area. The project is
approximately 70 feet away from this public beach area and does not include any
features that would obstruct access along these routes.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act under Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has
no potential to have a significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit filed as PA2024-0144, subject to the conditions outlined in Exhibit
“A,” which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director by the provisions of Title 21 Local Coastal Program
(LCP) Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14
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01-10-2023
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF DECEMBER, 2024.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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01-10-2023
EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Prior to the final building permit inspection, the existing seawall shall be reinforced and
raised/capped to at least 10.9 feet (NAVD 88) and capable to be raised up to 14.4 feet
(NAVD 88), in compliance with the City of Newport Beach Waterfront Project Guidelines
and Standards, Harbor Design Criteria Commercial & Residential Facilities
3. The existing seawall shall be reinforced by the recommendations provided in the Coastal
Hazards Report and Sea Level Rise Analysis prepared by PMA Consulting, Inc. dated
April 15, 2024.
4. Prior to the final building permit inspection, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint of the
bulkhead or other shoreline protective device. The agreement shall be binding against
the property owners and successors and assigns.
5. Prior to issuance of a building permit, the property owner shall submit a notarized signed
letter acknowledging all hazards present at the site, assuming the risk of injury or
damage from such hazards, unconditionally waiving any claims of damage against the
City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
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
the development. This letter shall be scanned into the plan set before building permit
issuance.
6. This approval does not authorize any new or existing improvements (including
landscaping and dock improvements) on California Coastal Permit Jurisdiction, State
tidelands, public beaches, or the public right-of-way. Any improvements located on
tidelands, submerged lands, and/or lands that may be subject to the public trust shall
require a coastal development permit (CDP) approved by the California Coastal
Commission (Coastal Commission).
7. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter the sensitive habitat, receiving waters, or storm
drains or result in impacts to environmentally sensitive habitat areas, streams, the
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01-10-2023
beach, wetlands or their buffers. No demolition or construction materials shall be stored
on public property.
8. This Coastal Development Permit does not authorize any development seaward of the
private property.
9. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds under MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
10. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented before and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
11. 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.
12. 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.
13. Trash and debris shall be disposed of in proper trash and recycling receptacles at the
end of each construction day. Solid waste, including excess concrete, shall be disposed
of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
14. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
15
Zoning Administrator Resolution No. ZA2024-##
Page 9 of 10
01-10-2023
15. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
16. The applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused by the revocation of this
Coastal Development Permit.
17. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if determined that the proposed uses or conditions under which it is being
operated or maintained are detrimental to the public health, and welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained to constitute a public nuisance.
18. Prior to issuance of a building permit, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
19. Prior to issuance of a building permit, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to review and approval by the Building Division.
20. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
21. Prior to issuance of a building permit, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought-tolerant plantings, non-invasive
plant species, and water-efficient irrigation design. The plans shall be approved by the
Planning Division.
22. Prior to issuance of a building permit, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. The implementation shall comply with the approved
CPPP and WQHP/WQMP and any changes could require separate review and approval
by the Building Division.
23. All landscape materials and irrigation systems shall be maintained by the approved
landscape plan. All landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing, and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
24. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday.
Noise-generating construction activities are not allowed on Saturdays, Sundays, or
Holidays.
25. All noise generated by the proposed use shall comply with the provisions of Chapter
16
Zoning Administrator Resolution No. ZA2024-##
Page 10 of 10
01-10-2023
10.26 (Community Noise Control) and other applicable noise control requirements of the
Newport Beach Municipal Code.
26. Prior to the issuance of the building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
27. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
28. This Coastal Development Permit shall expire unless exercised within 24 months from the
date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the
Newport Beach Municipal Code, unless an extension is otherwise granted.
29. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and
expenses (including without limitation, attorney’s fees, disbursements, and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to the City’s approval of 122 Via Lido Nord, LLC Residence including but
not limited to, Coastal Development Permit (PA2024-0144). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorney’s fees, and other expenses incurred in connection with such claim, action, causes
of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties
initiating or bringing such proceeding. The applicant shall indemnify the City for all the
City's costs, attorneys' fees, and damages, which the City incurs in enforcing the
indemnification provisions outlined in this condition. The applicant shall pay to the City
upon demand any amount owed to the City under the indemnification requirements
prescribed in this condition.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Coastal Development Permit
PA2024-0144
122 Via Lido Nord
Subject Property
Subject Property
19
Attachment No. ZA 3
Project Plans
20
21
DESCRIPTIONISSUE DATE
7/29/24
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ALL DRAWINGS, DESIGNS AND WRITTEN MATERIALAPPEARING HEREIN CONSTITUTE THE ORIGINAL ANDUNPUBLISHED WORK OF DAVID R OLSON ARCHITECTSAND THE SAME SHALL NOT BE DUPLICATED, USED,OR ASSIGNED TO ANY THIRD PARTY WITHOUT THEWRITTEN CONSENT OF DAVID R. OLSON ARCHITECTS.
10/24/24CITYSUB 1 / CDP SUB 2
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DESCRIPTIONISSUE DATE
7/29/24
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JOB NO.
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PLAN CHECK : - - -
PLOT DATE 10/24/24
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ALL DRAWINGS, DESIGNS AND WRITTEN MATERIALAPPEARING HEREIN CONSTITUTE THE ORIGINAL ANDUNPUBLISHED WORK OF DAVID R OLSON ARCHITECTSAND THE SAME SHALL NOT BE DUPLICATED, USED,OR ASSIGNED TO ANY THIRD PARTY WITHOUT THEWRITTEN CONSENT OF DAVID R. OLSON ARCHITECTS.
10/24/24CITYSUB 1 / CDP SUB 2
D
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F
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CONNECT ROOF DRAINS TO SUB-GRADE DRAINAGE SYSTEM; VERIFY WITH CIVIL ENGINEER ORLANDSCAPE ARCHITECT. WHERE ROOF DRAINS ARE REQUIRED, OVERFLOW DRAINS HAVINGTHE SAME SIZE AS THE ROOF, SHALL BE INSTALLED WITH THE INLET FLOOR LINE LOCATED 2"ABOVE THE LOW POINT OF THE ROOF. OVERFLOW DRAINS SHALL BE INDEPENDENT OF ROOFDRAINS, ALL ROOF DRAINS SHALL BE EQUIPPED WITH STRAINERS EXTENDING NOT LESS THAN4" ABOVE THE IMMEDIATE SURFACE.
GANG ALL VENT STACKS WHEREVER POSSIBLE AND WHERE ALLOWED BY CODE TO MINIMIZEROOF PENETRATIONS, LOCATE IN AN ORDERLY MANNER AND IN AN AREA SO AS NOT TO BESEEN FROM ANY GRADE LEVEL SURROUNDING AREAS, PRIME AND PAINT TO MATCH GRAVELBALLAST.
ICC NUMBER FOR BRISTOLITE SKYLIGHTS: ESR-3177
ALL B.U.R. AREAS TO SLOPE AT 1/4" PER FOOT MINIMUM
PROVIDE ATTIC DRAFT STOP AT 3000 S.F. MAXIMUM
ATTIC VENTILATION OPENINGS SHALL BE COVERED WITH CORROSION-RESISTANT METAL MESHWITH MESH OPENINGS OF 1/4" IN DIMENSION.
DETAILS FOR VENT PIPE FLASHING 20/D1.3
ICC NUMBER FOR KALWALL SKYLIGHTS: ESR-2464
general notes
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site plan general notes
REFER TO CIVIL ENGINEERING PLANS FOR EXACT BUILDING LOCATIONS, GRADING,DRAINAGE, FLOWLINES, GUTTERS, CURBS, ETC.
REFER TO LANDSCAPE PLANS FOR LANDSCAPE, SITE IRRIGATION, HARDSCAPE WALLS,GATES, POOL AND FOUNTAIN FEATURES, EXTERIOR SCULPTURE PEDESTALS, EXTERIOREQUIPMENT LOCATIONS (CONDENSING UNITS, ETC.), SITE LIGHTING, ETC. NOT A PART
REFER TO CIVIL ENGINEERING PLANS FOR EXISTING UTILITY LOCATIONS, FIELDVERIFY
REFER TO UTILITY PLAN FOR HOSE BIBBS/BBQ GAS STUB OUTS
METER LOCATIONS ARE APPROXIMATE; DESIGN BUILD SUBCONTRACTOR TO FIELD VERIFYEXACT LOCATION AND TO RECEIVE APPROVAL FROM THE APPROPRIATE UTILITY COMPANYIN REGARD TO LOCATIONS (CONDENSING UNITS, ETC.), SITE LIGHTING, ETC.
FRONT PROPERTY CORNERS TO BE LOCATED PRIOR TO CONSTRUCTION.
POOLS, SPAS, WALLS, FENCES, PATIO COVERS AND OTHER FREESTANDING STRUCTURESREQUIRE SEPARATE REVIEWS AND PERMITS.
ELECTRICAL SERVICE TO BE UNDERGROUND IF SERVICE IS RELOCATED OR A NEWSERVICE IS INSTALLED.
GRADING INSPECTOR IS TO BE CONTACTED TO SCHEDULE A SITE PRE-CONSTRUCTIONMEETING 48 HRS PRIOR TO START OF GRADING OR CONSTRUCTION.
ELECTRIC COMPANY APPROVAL IS REQUIRED FOR METER LOCATION PRIOR TOINSTALLATION.
FIELD INSPECTORS TO REVIEW AND APPROVE UNDERGROUND SERVICE REQUIREMENTPRIOR TO CONCRETE PLACEMENT.
1
plan keynotes
EXISTING PROPERTY LINE
IN-WALL DRAIN, TIE TO CIVIL SYSTEM
NEW HARDSCAPE PER LANDSCAPE DRAWINGS - NOT A PART OF THIS PERMIT
RAISED PEDESTIAL DECKING
LANDSCAPED AREA PER LANDSCAPE DRAWINGS - NOT A PART OF THIS PERMIT
PROPERTY LINE FENCE / WALL PER LANDSCAPE DRAWINGS. MAXIMUM HEIGHT NOT TOEXCEED 6' EXCEPT AT RETAINING WALL CONDITION - NOT A PART OF THIS PERMIT
DASHED LINES INDICATE BUILDING SETBACK LINE
EXTERIOR BBQ AND COUNTER PER DETAILS; MAX 42" ABOVE F.F.
CITY STANDARD PAVING IN PROW.
GAS METER LOCATION
NOT USED
ELECTRICAL METER LOCATION - VERIFY WITH CIVIL
SEWER LATERAL LOCATION - VERIFY WITH CIVIL
UTILITIES AS NOTED - VERIFY WITH CIVIL
AUTOMATICALLY ILLUMINATED BUILDING ADDRESS NUMBERS
NEW 42" HIGH GLASS GUARDRAIL OVER SEAWALL
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 GATE OR FENCE PER LANDSCAPE DRAWINGS
R1
R4
R5
R6
R3
R2
R7
R8
R9
3 PLY BUILT-UP ROOFING WITH GRAY GRAVEL BALLAST; (2) 15 LBS. FELT WITH 90 LBS. CAPSHEET; MAX SLOPE = 2:12. NAIL ALL BASE SHEETS PER CBC TABLE 1507.10.2, INSTALL OVERTAPERED INSULATION. ROOFING MATERIAL SHALL COMPLY WITH CLASS A FLAME SPREAD.
VENT FOR GAS ONLY DIRECT VENT FIREPLACE. INSTALL PER MFG. REQUIREMENTS NO ROOFCLEARANCE REQUIRED PER CMC 802.8.2
LINE OF WALL BELOW
PARAPET CAP PER DETAIL
CRICKET AS REQUIRED FOR POSITIVE DRAINAGE
2" DIA.DECK DRAIN. INDIVIDUALLY ROUTE DRAINS THROUGH OUTSIDE WALL TO CIVIL SYSTEM.SEE DETAIL 6/D1.2
SADDLE
PAINTED ALUMINUM ATTIC VENT; SELF FLASHING; PROVIDE INSECT SCREENS, SEECALCULATIONS
SLATE ROOFING TILES, OVER NO 30 FELT OVER PLYWOOD SHEATHING. ROOF ASSEMBLY IS ACLASS "A" ROOF ASSEMBLY PER ICC ESR-2119.ROOF ASSEMBLY IS 10LBS PER S.F. INSTALLED. 3.5:12 SLOPE TYP.
roof keynotes
18 EXISTING SEAWALL - REPAIR / MODIFICATION UNDERSEPARATE PERMIT
site plan
1/4"=1'-0"
A
first floor / garage slab edge plan B
1/4"=1'-0"
roof plan C1/4"=1'-0"
8 5 3 5
1
6 3 10 12 17
14
14
5
9
1
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14171356334
1
16
18
16
4
PAD = 10.09F.F = 11.42
RA
R1
R1
R2 R1
SLOPE3:12SLOPE3:12
HIP
HIP
SLOPE3:12
SLOPE3:12
RIDGE
SLOPE3:12
SLOPE3:12
HIP
HIP
CURB = 12.40
F.F = 12.42
F.F = 12.09
CURB = 12.42 CURB = 12.40
F.F = 11.86F.F = 11.42
T.RAIL = 35.46
T.ROOF = 35.46 T.RIDGE = 23.21
5
10.80 E.G.
10.80 E.G.
10.80 E.G.
10.80 E.G.
10.89 E.G.
T.CHIMNEY =38.46
E. GRADE = 11.52
E. GRADE = 11.52 E. GRADE = 11.52
RA
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RA
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PARAPET
TRELLIS
TRELLIS
A1.1
site, slab edge &
roof plans
23
From:Jim Mosher
To:CDD
Subject:Re: Comment on ZA agenda Item 5 (12/12/2024 meeting)
Date:December 11, 2024 10:40:31 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.Report phish using the Phish Alert Button above.
With regard to Item 5 ( 122 Via Lido Nord, LLC Residence Coastal Development
Permit, PA2024-0144) on the December 12, 2024, Newport Beach Zoning
Administrator agenda --
On handwritten page 8, in the second sentence of Section 1.3 of the draft resolution,
was "raised pedistal decking" was intended to read "raised pedestal decking"?
That said, I am not sure what design feature this refers to.
"Roof Keynotes - B" of the incomplete plans attached as the last page of the staff
report refers to "EXTERIOR SCULPTURE PEDESTALS," although I do not know
where those pedestals are.
The same note refers to "POOL AND FOUNTAIN FEATURES." Does the project
include a pool? Is it on the roof?
-- Jim Mosher
Zoning Administrator - December 12, 2024 Item No. 5a - Additional Materials Received 122 Via Lido Nord, LLC Residence Coastal Development Permit (PA2024-0144)