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COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
NOTICE OF INCOMPLETE FILING
September 9, 2020
Irving Budlong
ibudlong@gmail.com
Application No.
• Modification Permit No. MD2020-008
• Coastal Development Permit No. CD2020-129
(PA2020-229)
Address 2201 Waterfront Drive
Please be advised that after reviewing the subject application, your submittal has been
deemed incomplete and further information is required before we are able to proceed
with the application process.
The following documentation is required to complete the application:
1. Proposal. Proposed configuration of bedroom plan is in the character of a
dwelling unit or accessory dwelling unit (ADU). The definitional meaning of a
dwelling unit is an area within a structure that (1) contains separate/independent
living facility with equipment for sleeping, sanitation, and food preparation, and
that has independent exterior access to the ground level. Because the property is
located in the coastal zone and has nonconforming parking, a dwelling unit or
ADU above the garage is not Code-compliant. Please clarify the intention of the
entry space of the area above the garage showing cabinets and a sink. If the
space is to be used as a bedroom, please add this note on all floor plans
showing the proposed space:
“There shall be no facilities used for food preparation within the area above the
garage or be used for residential purposes separately or independently from
occupants of principal structure.”
2. Narrative. In the submitted justification letter, please describe the request for a
modification permit to allow an addition to a single-family residence with
nonconforming parking and to establish a proposed alternative location in the
front yard setback.
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3. Project Plans. See the attached redline plans from the Planning Division and
make revisions to reflect the following information.
a. Include scope of work on cover sheet.
b. Plans show site work and other modifications from previously approved
Plan Check No. 0251-2019—that is, not part of the submittal--please
rename to distinguigh proposed work. “New” or “proposed” adjectives
should be limited to describing improvements of the application. Please
also update/verify existing site/floor plans as there are a few deviations on
this plan set that are not shown on 0251-2019. For example, the submittal
shows the garage frontage on Avocado has a sink, window and door, but
0251-2019 does not have a sink or door.
c. On the site plan, delimit and label “Area of Work” to help clarify scope.
Add zoning and setback information per redline.
d. On exhibits illustrating the proposed outdoor parking, please dimension a
10’ x 20’ space for one car and label “proposed alternative parking
location.” Revise wall and/or landscaping to accommodate the space if
needed. Please also label slope of the parking area, which shall not be
greater than five percent—revise if applicable.
e. On sheet A.2, provide the lots buildable area (area of lot less the
setbacks, minimum open volume required, proposed open volume. See
open volume criteria below:
4. Open Volume Area Required.
a. Calculation. Open volume area shall be provided in addition to the
required setback areas and shall be a minimum area equal to fifteen (15) percent
of the buildable area of the lot.
b. Location. The open volume area may be provided anywhere on the lot
within the buildable area and below twenty-four (24) feet from grade. The
open air space volume may be provided on any level or combination of
levels and may extend across the entire structure or any portion thereof.
c. Minimum Dimensions. The open volume area shall meet the following
standards:
d. Have a minimum dimension of at least five feet in depth from the wall
plane on which it is located and a minimum clear vertical dimension of at
least seven and one-half feet; and
e. Be open to the outdoors on at least one side.
e. Bedroom sink space is not allowed to encroach into the required 4’
setback opposite of Watefront Drive. Please resign for compliance
observing the setback.
f. Bay windows are not allowed to encroach into a side setback when above
a first story; please remove/revise bay window on Waterfront to comply
with the 10’ side setback. For the bay window on Avocado, please
dimension the exterior bottom surface of the bay window, which shall be
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elevated a minimum of eighteen (18) inches above the adjacent finished
interior floor surface at the required building setback line.
g. On all exhibits, fully dimension projections from setback lines, including
eaves, bay window, etc. Please do the same for all elevations and
sections, dimensioning the property lines and setbacks, too. Eaves and
overhang are allowed to encroach up to 30 inches into a required
setback—revise design if applicable.
h. See attachment on how to establish grade from which the height of
structures is measured. Note the study area to establish grade would
cover the space of the proposed addition, not the entire lot. Please label
grade points, as described, on all elevation exhibits, dimension height
from the established grade to top of ridge and flat elements.
i. Provide a topographic survey in the plan set, stamped and signed by the
California-licensed preparer.
j. Provide separate, fully dimensioned floor area exhibits and calculations to
verify square footage of all structures on-site, including existing areas.
Please provide a fully dimensioned exhibit for open volume as well.
k. See additional redline corrections and clarifications in plan set.
4. Public Noticing Materials. Please submit a public hearing package per the attached.
Note the application includes a coastal development permit.
5. Post on Site. Please place the attached Notice of Filing at a conspicuous location on-
site, as close as possible to the proposed development.
6. Electronic Copy. Please submit all application documents in an electronic format
(email, DropBox, etc.), including those in the originally-filed application, upon
resubmittal.
Please be advised Building and Public Works’ comments may be forthcoming and will be
forwarded to you once available. Upon verification of completion, the application will be
processed and scheduled for a Zoning Administrator Hearing. Should you have any
questions regarding submittal requirements, please contact Patrick Achis,
pachis@newportbeachca.gov, 949-644-3237.
By:
Attachments: Redline Plans
Notice of Filing *action required – please post on-site*
Public Noticing Requirements
NBMC 20.30 Excerpt - Grade Establishment