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HomeMy WebLinkAboutPA2004-076_Withdrawn•NEW FILE• PA2004-076 a e Cp: I i T Vt r '0 y Al I i CV Q I KI WIN I 1 113 (E) PROPERTY LINES-TYP. / 2 sill s�� -- __-- _-- _---.-_.__ .__ __ _ _ __-__ _._ _ _ __ - - 110 Oq ---=------ -� -- RE T EXIT. Two -STORr (NGLE FAMILY RESIDENCE o --- (E) SOPTSCAPE CE) DECK (E) CONC. / 78.76' � DN,.26 SITE PROFILE d ELEVATION pti P 11r / rvwl ARCHITECTURE DESIGN CONSTRUCTION C2G 14931 A Cal ifa Street Van Nuys California 91411 Tel. 818 781-1390 FAX 818 781-1467 wWw.c2gab.com 4 =^' ` 82 352 J ► " 80 HAZEL DRIVE 78 -= 70 CORONA DEL MAR, .ry 7 CALIFORNIA LA�� �RtiP -(P t .� OC Po 0 2 f:, % 48 -'�'-- 'C 'oo� VICINITY MAP These drawings and ideas are not to be reproduced, in whole, or in part, without the express written permission of C2G Approved for the Owner by Approved for the Architect by Project Project No, 352 Hazel 0309.01 Drawn By Date fgb 04108104 Revisions/Issues GPA AMENDMENT APPLICATION 003/04 DISTRICTING MAP AMENDMENT 06125104 Sheet Title SITE PL,4N- L4NDFORM AL TERA T/ON Scale ,AS NOTED Al L CITY OF NEWPORT BEACH PLANNING DEPARTMENT Patricia L. Temple, Director (949) 644-3232 June 20, 2006 Mr. Ken Catanzarite 352 Hazel Drive Corona del Mar, CA 9Z625-3031 RE: 352 Hazel Drive Dear Mr. Catanzarite: I have been advised that you have withdrawn your application. This letter is to inform you that the administrative costs to process your application exceeded the initial deposit. On April 13, 2004, the Planning Department received your application and the initial deposit of $2,200.00 that was deposited into Account #029-29039. Pursuant to § 3.36.030, the Planning Department is directed to recover 100% of the administrative cost to process development applications. Pursuant to City Council Resolution No. 2005-042, the Planning Department hourly rate is $125.00. Hours spent on application: 25.5 Application cost 100%): $3,187.50 Deposits Total: $2,200.00 Remaining Balance: $987.50 Please pay this remaining balance of $987.50 within thirty (30) days of this notice. To ensure proper credit to your account, please include the following reference on your check: Account #029-29039, and mail it to my attention at the above address. Should you have any questions regarding this matter, please contact me. Sincerely, A*jxt oa4ML Ginger Varin, Administrative Assistant , 14 AZ 4, j4dl ie." 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach. California 92658-8915 Telephone: (949) 644-3200 - Fax: (949) 644-3229 - www.city.newport-beach.ca.us APA2004-076 Applicant: C2G Architects Address: 352 Hazel Drive Planner: J. Campbell (949) 644-3210 Oil ul� � s 11�-r- 44 Date Description of task Approx. Time Spent Initial application review 11 /Oros Second application review PRR Site Visit Background research Consultation with: ­004' 1 s Consultation with: �I�`�"�'`� p,Lw Consultation with: A^'b'') Consultation with: Meetings �j 'Ma�' l' CI.. C'. a L w�J_l S CEQA l�y� Analysis Notice preparation Staff Report Preparation Hearing(s) Post hearing follow-up .2 4 6>1.)-5 _ 3,060 181.5-0 ,?dv0 ►7,S �00,-s dv , Attach additional sheets as necessary. Each application will not require all steps indicated above. Additional steps may be included at the discretion of the staff planner. Last Revised 04/14/2004 F:\Users\Pln\Shared\PA's\PA 2001 labels (20).doc _ .. ' � � � �� �CVI. ����as 7n CITY OF NEWPORO BEACH p COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT V S "= 3300 NEWPORT BOULEVARD ,P NEWPORT BEACH, CA 92658 (949) 644-3200; FAX (949) 644-3250 PART I: Cover Page Proiect Common Name (if applicable): �p�-p7ro Application: ❑ use Permit No.-�4 PA2004-076 for 352 Hazel Drive C2G Architects 9 Islei C04-iv� ✓K� FEES: SOD_ APPLICANT (Print): C2G Architects CONTACT PERSON (if different): Michael Chait Mailing Address: 14931 a Cal i f a St . Van Nuys, CA 91411 Mailing Address: (same) Phone: (81 8) 7 81 -1 3 9 0 Fax (81 8) 7 81 -1 4 6 7 Phone:( ) Fax( ) Property Owner (if different from above): .. ... 'r' k r � Ken & Kim Catanzarite Email Address: i Applicant: d?f(0j9#>4FLd3 CL76&T;.eac+, Contact: 0,04F Owner: MailingAddress: 352 Hazel Drive Corona del Mar, CA 92625-3031 Phone: (71 4) 2 0- 5 5 4 4 Fax () 520-0680 PROJECT ADDRESS: 352 Hazel Drive, Corona del Mar, CA 92625 Project Description (If applying for a variance, also complete attached form for required findings.): See attached Exhibit "A" PROPERTY OWNER'S AFFIDAVIT (I) (We) G N,4! -r depose and say that (I am) (we are) the owner(s) of the property(ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submi ed are in all respects ;77 coct to the best of (my) (our) knowledge and belief. Signature(s)1"Oe02 Co A- -IWI MC-Ts� NOTE: An agent may sign for the owner if written authorization from theApRr4 q&M filed with the application. ?' `'73 9 � / G��zCcf �S�ri�f'�� l�►�x rJ �ctio A !� Cb DO NOT COMPLETE APPLICATION BELOW THIS LINE FOR PLANNING DEPARTMENT USE ONLY: Indicate Previous Modifications, Use Permits, Specialty Food Service Permits, etc. General Plan Designation: Zoning District: Coastal Zone: YES or NO Date Filed: 44. 13 • ,04 Fee Pd: aWD • V)A� Receipt No: fin? — % 771 Date Deemed Complete: Hearing Date:'#��� Posting Date: Mailing Date: Planning Director Action Date P.C. Hearing Date C.C. Hearing RUSERST MSHAREDUFORMS\USE-APP.DOC Appeal P.C. Action Appeal C.C. Action PART II: Project Data *t Project Common Name: Application Number(s): Landform Alteration Project Address/Location: Assessors Parcel Number(s): 352 Hazel Drive 052-182-45 Corona del Mar, CA Legal Description (Attach on separate sheet, if necessary): See Exhibit "B" Existing Land Use: Single -Family Proposed Land Use: Single -Family Residential Residential Zoning District: ,Q I Land Use Designation: ! lW6 LE 'FAW I L y ES / DENT A I - Existing Development Proposed Development Zoning Code Requirement Lot Area (sf) 17,772.48 no change Lot Width (ft) ' - 5' (variesl no change Lot Depth (ft) 270' ( varies) no chancre Setback Yards Front (ft) 0 no change Side (ft) 4 no change Side (ft) 4 no change Rear (ft) 25 no change Gross Floor Area (sf) 3,106 SF no change Floor Area Ratio 1 : 6 no change Building Coverage (%) ±9 a no change Building Height (ft) -±24 1 no change Landscaping (%) ± 8 0 0 ± 7 8 e Paving (%) ± 10 0 ± 1 2 o N/A Parking 2 cars no change Number of Employees N/A no change Hours of Operation N / A no change Number of seats N / A no change Dwelling Units 1 no change PART III: Plans Each application shall be accompanied by 20 sets of plot plans, floor plans, and elevations; 8 sets shall be drawn to scale on 24 inch by 36 inch sheets with margins not less than 1/2 inch and 12 sets shall reduced to 11 inches by 17 inches. The required number of plans to be submitted for a Planning Director's Use Permit application is 12 sets; 4 sets drawn to scale and 8 sets reduced. All plans shall be collated, stapled and folded to a size of 8'h" by 1411, maximum. The Planning Director may, modify or waive submission requirements if deemed unnecessary to support the application. A. Plot Plan Plot plans shall be fully dimensioned and show the following information on the subject property and to a minimum of 20 feet on contiguous properties: • Vicinity Map. • North arrow. • Scale of the plan. • Existing and proposed property lines • Required and proposed yard setback lines. • Locations, names, dimensions, and descriptions of all existing and proposed right of way lines, dedications and easements. • Locations of existing and proposed structures, additions, utilities, driveways, walks, and open spaces. • Any structures to be relocated, removed or demolished. • Locations, heights, and materials of existing and proposed walls and fences. • . Locations, dimensions and descriptions of parking areas. • Location, heights, size and materials -of signs. ' • Existing and proposed grade elevations and any significant natural features. • An Information block containing the name and telephone number .of the contact person and calculations in tabular form showing compliance with... applicable property development regulations (i.e., density, floor area limits, .height; parking, etc.) . 4pr-OT-2004 OWIPm Froe- + T-220 C 2G 619-101-1467 RPr 07 04 02157p APYN6-M4 Ja nst 8mwn Ploning Departrnent City of Newport Bead+ rd Nps�I�VIe�p2663 Re: F-nvifOnMWW lion Form Landrorm AIMratlon 352 Hazel Drive C2G project No. OM P.002/002 F-330 Dear Ms. 131Ow11- bWalffive for the purposes of 1 have prepared this letter re �dl� the preparation and submittal Of Me above brm• 1 �orize C2G to ad as my rePre a�l�e an the owners aehalf am the legel owner of record of the Propenri UCatlon purpo• If you need any the above ���11 be setlsta�Qry-55 � further iMSW I hope � plesas cau Sincerely. Ihaelved Aar-OT-t004 03:OOPM Fro -III 781 146r to- Pen 002 P.2 Murillo, Jaime From: Ken Catanzarite kcatanzarite@catanzarite.com] Sent: Thursday, June 01, 2003 9:41 AM To: Murillo, Jaime Subject: Re: 352 Hazel Drive (two lots) Jaime: Thanks for your meeting time yesterday. By this mail I withdraw ml request to amend the Resubdivision. Ken Murillo, Jaime wrote: >Good Morning Ken, >I'm glad that we were able to work out many of the issues and to see >your progress on the development of the homes. As we discussed >yesterday, in order to properly close this application, I :need a letter >from you withdrawing your request to amend Resubdivisior_ N:). 1019 (email >will also suffice). >Thanks, >Jaime >----- Original Message ----- >From: Ken Catanzarite(mailto:kcatanzarite@catanzarite.c:gym] >Sent: Saturday, May 20, 2006 9:41 AM >To: Murillo, Jaime >--c: Darryl Moore; Steve Eide >Subject: 352 Hazel Drive (two lots) >Jaime: > Thanks for your follow up call this past week. We are working on a >revised site plan layout and roof design to submit to you for a >preliminary review. We should have something the middle *f the last week >of May. Can we get a timE! with you for say May 31 Wednes-day at 10:00 >a.m.? > As for the withdrawal of our pending application we are happy to >consider the same after the requested meeting to assure ourselves that >we are all on the same page. We do not anticipate any problems but want >to be certain before we withdraw. > Please advise on available time. > Ken Kenneth J. Catanzarite CATANZARITE LAW CORPORATION 2331 West Lincoln Avenue Anaheim, CA 92801 Tel: (714) 520-5544 Fax: (714) 520-0680 IMPORTANT NOTICE This e-mail is intended for the sole use of the individuG= or entity to which it is addressed and contains information belonging to Catanzarite Law Corporation which is privileged, confidential and exempt from disclosure under law. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dis=-emination, distribut_on, copying, or taking of any action in reliance on the contents of t-._: communication is strictly prohibited. If you have received this e-mail in error, _-ease notify the sender 1 -AEGIS SM As et;Management, lnc` Kenneth J. Catanzarite President VIA U.S. Mail DATE: February 2, 2006 TO: Jaime Murillo Associate Planner Planning Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 RE: 352 Hazel Drive (PA2004-76) Dear Mr. Murillo: ED BY LMNING L!=PARTML TY OF NEWPORT BERG' FEB 0`8 2006 PM T 819110p,1211`213141516 This letter responds to your letter of November 8, 2005 and to a number of items discussed in several meetings that you have had with our representatives Michael Chait of C2G Architects and Darryl Moore of this company. The two lots involved commonly referred to by the single address of 352 Hazel Drive are owned by myself and my wife Kim. At the outset we want to advise that we intend to proceed with plans for the construction of two single family residences on the two lots with no land form alteration below the 85' contour line. Further, we intend to abide by, the previously negotiated "Settlement Agreement and Mutual Release" (the "Agreement") which encompassed our development plan for the two lots and view easements. The Agreement, dated July 24, 1996, was reached by and between myself as owner of the lots, the City of Newport Beach (the "City") and the former owner the adjacent property, the Southern California IBEW-NECA Pension Plan ("IBEW" and sometimes "Care Center"). It is our position that the Agreement provided for vested development rights with respect to the two lots as contemplated at the time of the agreement in 1996. The Care Center's current ownership is bound by the Agreement as an assign and the easements imposed for view as negotiated at the time of the sub -division in the Agreement are acknowledged. We seek now only to build in accord with originally contemplated plan that is one new home on each of the two lots with no landform alteration below the 85' contour. On the basis of the above, it would appear that the pending application can be withdrawn. However, we have concerns about doing so without a clear indication of how the current Policy 4.4.3 (Natural Landform Protection) of the City's new Local Coastal Land Use Plan (the "Policy") will be applied. It is and remains our position that the Policy should not apply to the lots in question for reasons of the Agreement and fact that the only adjoining landowner has already approved view easements. The application was made before the Policy was instituted and likewise the Agreement pre -dates the same as well. I am enclosing herewith as Exhibit "A," a copy of a Agreement. I have not included all of the many exhibits to this agreement but will provide any should you request copies of the same. I. would alert you to the pure intent and purpose of the Agreement however. Quite clearly, a review of the Agreement will establish that the Summer House project then -owned by IBEW and now the extended care facility and I along with the City entered into a three -party agreement which provided for the Care Center to have a pre -negotiated view easement between the two lots and over the back portion of lot 2. The contemplated development of Lot 2 necessarily included developing down to the 85' contour and incident to that development and consistent with the 85' contour line to cantilever out over the 85' contour line for any decks that might be an integral part of the development. I will point out that the decks that we propose to use will not involve penetration of the land or alter it below the 85' contour line. Jaime Murillo February 2, 2006 Page 2 We believe that the intent and purpose of the Agreement is clear in that the City cannot do anything to prohibit or adversely affect the contemplated development at the time the same was entered into. It is our position that the Policy would not apply to Lot 2 in this instance. A review of the Policy and its impact upon the development of Lot 2 is readily apparent. Your proposed application of a predominant structure stringline and a predominant line of accessory improvements as set forth in the aerial photo that you attach to your November 8, 2005 letter demonstrates that its application on these facts would destroy the contemplated development of Lot 2. Said another way, had the Policy been in effect in 1996 it would obviously have resulted in either no settlement and expensive litigation for the City and the IBEW or, alternatively, an agreement that the Policy did not apply to Lot 2 in this instance. I am attaching hereto as Exhibit "B," copies of levels 3 and 4 of the proposed development of Lot 2. We ask you to note the dotted line which reflects the contour of the building. Please note that the contour lines demonstrate that the proposed development is within the 85' contour consistent with the agreement reached in 1996 absent the Policy. I would point out that the balconies reflected in the attached Exhibit `B" are all cantilevers and would not propose a landform alteration below the 85' contour. In this regard, there are additional reasons why the Policy should not be applied in this case. First, the Care Center and I negotiated the view easements and as such the Policy does not serve any purpose between the adjoining landowners. Additionally the Melman properties to the South of the subj ect property uses a view down the gully towards the ocean and not up the gully towards the Care Center. As such, there is no purpose in applying the Policy to benefit the Melman property even if one were to conclude, which we do not, that the Policy would apply. We are prepared to withdraw our application on the basis that: The proposed development of lots 1 and 2 are within the 85' contour as planned and do not require any modification. 2. The proposed development is not subject to the Policy because of the Agreement and for otherwise good reasons set forth above the same should not apply. We are prepared to withdraw the application once we receive your response to this letter affirming that we may proceed with the contemplated development and pull the requisite permits for the construction. Thank you in advance for your prompt attention to this matter. Very truly yours, AEGIS ASSET MANAGEMENT, Inc. Kenneth J. Catanzarite Enclosures: Exhibit "A" - Settlement Agreement and Mutual Release Exhibit `B" - Site Plan - Level 3 and Site Plan - Level 4 cc: Michael Chait (with enclosures) Darryl Moore (with enclosures) 2331 West Lincoln Avenue ♦ Anaheim, California 92801 (714) 758-3834 4 (800) 326-3834 ♦ FAX: (714) 520-0680 ♦ Voice Mail: (714) 520-4264 Exhibit A Exhibit A Exhibit B c " J r I • t C } { I 1I f rr 6 V Z U— O u+LU dcop W IL oq 2 d 4, .0 a°iNZ� R2 J 7 Exhibit B SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS AGREEMENT ("Agreement") is made and entered into as of July 24, 1996, by and among Kenneth J. Catanzarite on behalf of himself and each of his nominees, successors, assigns, agents, . representatives, co - owners, co -tenants, subtenants, partners, trusts, trustees, contractors and subcontractors ("Catanzarite"), the Southern California IBEW-NECA Pension Plan, its nominees, successors and assigns ("IBEW"), and the City of Newport Beach, California ("City"). Catanzarite, IBEW, Thomas and City are sometimes collectively referred to herein as the "Parties." This Agreement is made with reference and respect to the following facts or circumstances: Recitals A. Catanzarite represents that he is the owner of the fee interest in _ the property described on Exhibit "A" attached hereto, commonly known as 352 Hazel Drive, Corona del Mar, California, in the County of Orange ("352 Hazel Drive"). Catanzarite further represents that he has the authority of all other owners of any interest in 352 Hazel Drive to bind them as set forth below. B. IBEW owns the property which is legally described on Exhibit "B" attached hereto (the "Summerhouse Property"). 352 Hazel Drive and the Summerhouse Property share a common property line (the North line of 352 Hazel Drive and the South line of the Summerhouse Property). James C. Thomas, Jr. ('Thomas") entered into a contract to purchase the Summerhouse. Property from IBEW and has obtained a use permit for the Summerhouse Property granted by City on or about August 28, 1995 (the "Use Permit"). IBEW alleges that the purchase contract has been terminated or lapsed; Thomas alleges that it continues in effect. C. On August 25, 1995, Catanzarite commenced litigation against IBEW and Thomas in Orange County Superior Court, Case* No. 751945 (the "Civil Action"). Catanzarite alleges, among other things, that Thomas's development plan for an elderly care facility on the Summerhouse Property encroaches approximately three (3) feet onto 352 Hazel Drive, and that the development plan submitted to City contains material factual omissions and/or material factual misrepresentations regarding Thomas's grading plan. By the Civil Action, Catanzarite seeks to quiet title to the disputed portion of the property (i.e., the exact location of the property line between 352 Hazel Drive and the Summerhouse Property), to enjoin IBEW or Thomas from coming onto said portion to implement the grading plan, and to obtain damages and other 00961970016 .1 1 relief. Catanzarite added City as a defendant in the Civil Action to the first and second causes of action. D. Catanzarite and IBEW desire for City to amend its General Plan to the extent necessary to accommodate (i) anticipated .property line adjustments between 352 Hazel Drive and the Summerhouse Property and (ii) Catanzarite's proposed subdivision of 352 Hazel Drive. The property line adjustment is reflected in the new Legal Descriptions also set forth in Exhibits "A" and "B," as well as in Exhibit "C " E. The Parties now deem it in their best interests and to their mutual advantage to settle, compromise, and dispose of, fully and completely, any and all claims, demands, and causes of action arising out of, resulting from, connected with, or incidental to (i) the Civil Action, (ii) 352 Hazel Drive, (iii) the Summerhouse Property, (iv) the Use Permit, and (v) all their dealings prior to the date of this Agreement, all as is more particularly set forth herein. Agreement NOW, THEREFORE, in consideration of the foregoing, of the following promises, conditions, covenants, agreements, representations and warranties, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by each of the Parties, and* intending to be legally bound, the Parties agree as follows: 1. Conditions of This Agreement. 1.1 Catanzarite agrees that if, in the future, a use permit(s) substantially similar to the Use Permit obtained by Thomas is sought by IBEW or its nominees, successors or assigns, then Catanzarite, as well as his nominees, successors and assigns, shall refrain from (i) hindering, delaying or, opposing in any way the efforts to obtain such permit(s) and any related permits, maps, inspections, clearances, and approvals, (ii) encouraging, assisting, soliciting, promoting, funding or supporting in any way, directly or indirectly, any opposition to such efforts to obtain such future use permit(s) and related approvals, and (iii) making' or supporting any contact with any government agency responsible for issuing such permit(s) and related approvals. 1.2 In conjunction with the execution of this Agreement, Catanzarite and IBEW shall execute and, where applicable, notarize, instruments in the form of Exhibits "C" • 'V attached hereto. Within fifteen (15) days thereafter, Lender (as defined below) shall execute and notarize instruments in the form of Exhibits "N" and "O" attached hereto. After execution OCM1970016 - 2 and, where applicable, notarization, the instruments in the form Exhibits "D" - "L," "N" and "O" shall be delivered to Rensselaer J. Smith IV, the attorney for IBEW ('Smith'), for recording or filing according to the terms of this Agreement. 1.3 Upon (1) the final, non -appealable approval by City of (a) this Agreement, (b) the General Plan Amendment to comply with this Agreement, and (c) the Amendment Application (including zoning changes) submitted by IBEW and Catanzarite to the City in February/March 1996, and (2) the recordation in the Orange County Recorder's Office of instruments in the form of Exhibits "C" (the "Parcel Map"), "R" (the "Catanzarite Deed") and "S" (the "IBEW Deed") attached hereto, then, as soon as reasonably possible thereafter, Smith is authorized by the Parties to record the instruments in the forms of Exhibits "D" - W, "N" and "O" with the Orange County Recorder's Office, and file the instrument in the form of Exhibit "L" with the Orange County Superior Court.' Recording fees shall be the sole or shared expense of Catanzarite and IBEW, as set forth in Exhibit "Q". Filing fees for the instrument in the form of Exhibit "L", if any, shall be the expense of Catanzarite. 2. Lot Line Adiustment. 2.1 The lot line between 352 Hazel Drive and the Summerhouse Property shall *be adjusted as described in the Parcel Map. IBEW and Catanzarite agree to execute, acknowledge and record all documents which may be necessary to effectuate the adjustment of the lot line and, in this regard, (i)*Catanzarite shall execute and acknowledge the Catanzarite Deed as well as arrange for the execution and acknowledgment of the Parcel Map by Lender and (ii) IBEW shall execute and acknowledge the IBEW Deed. 2.2 City agrees to consider changes to the Land Use Element of the General Plan, the Zoning Ordinance of the City of Newport Beach, and other relevant plans, policies and resolutions as necessary to ensure appropriate land. use designations for the property described in the Parcel Map. City acknowledges and agrees that approval of the Parcel Map and related amendments to the General Plan and Zoning Ordinance are intended to implement projects approved by the City for the Summerhouse Property and 352 Hazel Drive and, accordingly, do not adversely effect or modify previously approved permits or projects. The proposed amendments to the General Plan and the Zoning Ordinance will be considered by the City Council on July 22, 1996. Assuming City Council approval, the resolution amending the General Plan will become effective immediately while the resolution amending the. relevant Zoning Ordinance will become effective thirty (30) days after Council approval. OC\961970016 - 3 - 2.3 Catanzarite and/or IBEW are responsible for processing and recordation of the Parcel Map, the Catanzarite Deed and the IBEW Deed. City shall notify Catanzarite and IBEW of any legal challenge filed by any third party to the Parcel Map, General Plan Amendment, Zoning Amendment, or other approval. 2.4 In the event City does not approve the General Plan Amendment or Zoning Amendment, or the Parcel Map, Catanzarite Deed and IBEW Deed are not recorded in the Official Records of Orange County, California, this Agreement shall terminate and be of no force or effect. 2.5 As between Catanzarite and IBEW, Catanzarite agrees to be responsible for, and pay, all fees and costs associated with processing the General Plan Amendment, Zoning Amendment, Parcel Map and any other approval required of City. 2.6 Catanzarite acknowledges and agrees that while the Catanzarite Deed shall be a grant. deed, the IBEW Deed shall be a quitclaim deed. This results from the fact that the Summerhouse Property is subject not only to claims by Catanzarite, including without limitation the Civil Action, but also is or may be subject to the claims of Thomas, including without limitation an action for specific performance and/or a notice of pendency of action or lis pendens. Catanzarite further acknowledges and agrees that the existence of Thomas' claims, including without limitation any litigation in the nature of specific performance or otherwise and/or a notice of pendency of action, lis pendens or any other lien or encumbrance effecting the Summerhouse property or any part thereof or interest therein shall in no way affect this Agreement or subject IBEW to any claim by or obligation, liability or duty to Catanzarite. 3. View Easement Agreements. 3.1 Catanzarite grants to IBEW and its successors and assigns a view easement beginning at an elevation of ninety-eight (98) feet as shown on the Rough Grading Plan for the Summerhouse Property/352 Hazel Drive prepared by Duca-McCoy, Inc., Civil Engineers, in that certain area of approximately four hundred (400) square feet of 352 Hazel Drive as reflected in Exhibit "D" and referred to as the "Unobstructed View Easement Agreement." 3.2 Catanzarite grants to IBEW and its successors and assigns a view easement over that portion of 352 Hazel Drive as reflected in Exhibit "E' and referred to as the "View Easement Agreement." 001961970016 - 4 - 3.3 Notwithstanding the existence of the Rough Grading Plan referenced hereinabove or any other grading plans, the Exhibits attached hereto and/or any other agreement entered into by or between Catanzarite and IBEW, neither Catanzarite nor Catanzarite's successors or assigns shall be entitled or have the right to develop, use or perform work on or with respect to the Summerhouse Property, 352 Hazel Drive or otherwise in such a manner which shall result in the need for or any requirement that IBEW or any successor -in -interest in or to the Summerhouse Property or any part thereof or interest therein to perform any act, construct any work of improvement or to incur or suffer any detriment, loss or liability, whether or not the same is contemplated by said grading plans, the Exhibits hereto and/or any other agreement to which the parties hereto are a party. 4. Landscaae Easement Agreement. Catanzarite grants to. IBEW and its successors and assigns a landscape easement over that portion of 352 Hazel Drive reflected in Exhibit 'F" and referred to as the "Landscape Easement." 5. Grading Easement Agreement. Catanzarite grants to IBEW and its successors and assigns a right to enter upon 352 Hazel Drive with the objective and purpose of grading 352 Hazel Drive and reducing the cost of shoring and retaining walls on the Summerhouse Property, according to a grading plan and soils report, as reflected in Exhibit "G" and referred to as the "Grading Easement" 6. Wall Screening Restriction. Catanzarite grants to IBEW and its successors and assigns a wall screening restriction concerning the first floor of the north wall of any house to be constructed on the lot closest to Hazel Drive as reflected in Exhibit "H' and referred to as the "Wall Screening Restriction" 7. Construction Staging Easement. Catanzarite grants to IBEW and its successors and assigns a construction staging easement for the purpose of grading 352 Hazel Drive and constructing the improvements upon the Summerhouse. Property, as reflected in Exhibit "1' and referred to as the "Construction Staging Easement" 8. [INTENTIONALLY OMITTED]. 9. Waiver of Right of Access Over Glenn Drive and Grading Grant. Catanzarite and IBEW, for themselves and their heirs, beneficiaries, successors and- assigns, hereby waive any and all right of access to or from their respective properties over and across Glenn Drive. City agrees to consider adoption of a Resolution of Abandonment in the form previously OCM1970016 . S - presented to the City Council. City shall record this Resolution of Abandonment as soon as practical after approval by City Council. City shall notify both Catanzarite and IBEW when the Resolution of Abandonment has been recorded and Catanzarite and IBEW may receive copies of the Resolution upon request of the City Clerk. 10. Public Lookout. IBEW acknowledges that the Use Permit requires any person or entity developing the Summerhouse Property pursuant to the Use Permit as a residential care facility for the elderly or, if City so requires, any other facility, to build a public lookout at the East end of the Summerhouse property. If constructed, City agrees to accept the public lookout improvements upon completion in accordance with the plans and specifications approved by City's Building Department and to, thereafter, maintain the public lookout. City further agrees that the developer of the Property, including its successors and assigns, whether it is IBEW or IBEW's successors and assigns, shall be permitted to exclusively use the public lookout until such time as a residential care facility for the elderly or other facility commences operation. Except in connection with the development of the Summerhouse Property pursuant to the Use Permit and any development for which the -Use Permit is required, neither IBEW nor its successors or assigns shall have any obligation, liability or duty under this paragraph or the Use Permit; in other words, other than in connection with development of the Property as a residential care facility for the elderly or, if the City so requires, another facility and as a result of the need for the Use Permit in connection therewith, neither IBEW nor its successors or assigns have or shall have any obligation, liability or duty under this paragraph or the Use Permit. 11. Building Setback Easement. Catanzarite grants to IBEW and its successors and assigns a fourteen (14) foot building first floor setback easement from the adjacent property line between 352 Hazel Drive and the Summerhouse Property, as more particularly . reflected in Exhibit "J" and referred to as the "Building Setback Easement." 12. Subdivision of 352 Hazel Drive. IBEW agrees that it shall not object in any way to Catanzarite's subdivision of 352 Hazel Drive into two (2) parcels, in accordance with the Tentative Parcel Map No. 95-178, which is attached hereto as Exhibit "P" Catanzarite agrees to be solely responsible for the fees and costs associated with the foregoing subdivision, including without limitation the preparation and recordation on any Final Parcel Map (i.e., the Parcel Map). 00861970016 - 6 - 13. Lender Consent. 13.1 Catanzarite represents and warrants to and for the benefit of IBEW that (i) no person or entity other than Catanzarite and California Federal Bank, FSB ("Lender") has any interest, legal, equitable, security or otherwise, in or to 352 Hazel Drive, and (ii) Catanzarite has secured, at his sole expense, the approval of Lender as well as Catanzarite's spouse to the lot line adjustments contemplated by and to be accomplished pursuant to this Agreement as well as the subdivision, demolition, easements, rights and restrictions granted herein and/or pursuant hereto. Lender's consent and subordination, to be more fully expressed in instruments in the form of Exhibits "N" (the "Partial Reconveyance") and "O" (the "Subordination") attached hereto, are and shall be evidenced by Lender consenting and subordinating to the various easements, rights, and restrictions attached hereto, as well as Lender releasing its security interest in that portion of 352 Hazel Drive which is to become a part of the Summerhouse Property from the security of Lender's Deed of Trust encumbering 352 Hazel Drive. Catanzarite hereby authorizes Smith to record, at Catanzarite's sole expense, the fully executed and notarized Partial Reconveyance and Subordination as soon as reasonably possible after the date of receipt of the final, non -appealable approval by the City of Newport Beach of (a) this Agreement, (b) the General Plan Amendment *to comply with this Agreement, (c) the Amendment Application (including zoning changes) submitted by IBEW and Catanzarite in June 1996, and (d) the recording in the Orange County Recorder's Office- of the Parcel Map. If the Partial Reconveyance and Subordination are not approved and signed by Lender and then notarized and delivered to ' Smith, together with Lender's irrevocable approval and authorization to record as contemplated hereby, within fifteen (15) days of full execution of this Agreement and the other instruments contemplated hereby by the Parties, then this Agreement shall terminate and be of no force or effect. 13.2 As an accommodation to Lender, upon Lender's irrevocable request, approval and authorization, Smith shall also record a modification to Lender's Deed of Trust containing the new (i.e., corrected) legal description of 352 Hazel Drive in accordance with the Parcel Map. The Parties intend that recordation of documents pursuant to this Agreement shall be accomplished in the following order: (i) First, the Parcel Map; (ii) second, the Partial Reconveyance; (iii) third, the Catanzarite Deed and the IBEW Deed; (iv) fourth, Lender's modification of the Deed of Trust (to be recorded to correct the legal description of 352 Hazel Drive); (v) fifth, all of the various other easements, rights and restrictions granted herein and/or pursuant hereto, including without limitation the "Release" and the "Dismissal" (as defined below), but excluding the Subordination (the Dismissal is, however, to be filed with the Orange OC%961970016 -7- County Superior Court, rather than recorded in the Official Records of Orange County, California; further, the Parties acknowledge and agree that the Release may be recorded and the Dismissal filed earlier in order to accommodate the conditions set forth in paragraph 15 below); and (vi), finally, the Subordination. Lender's irrevocable approval and authorization to* record the Partial Reconveyance and the Subordination should include authorization to insert and/or attach the date, legal descriptions and other information required to complete the documents, including without limitation the blanks set forth in the second recital paragraph of the Subordination (see provisions (i) through (vii), inclusive, on page 2 of the Subordination). 14. [INTENTIONALLY OMITTED] 15. Request for Dismissal. At substantially the same time as the recording, according to the terms of this Agreement, of the Exhibits "D" = K," "N," and "O" in the Orange County Recorder's Office, Catanzarite authorizes Smith to cause to be filed with the Orange County Superior Court a request for dismissal with ..prejudice in the form of Exhibit " "L" attached hereto (the "Dismissal"). Catanzarite, on execution of this Agreement, shall execute the Dismissal and all appropriate documentation in recordable form to release the lis pendenstnotice of pendency of action recorded against the Summerhouse Property, including without limitation a release (the "Release"). The form of Release is attached hereto as Exhibit "K " Catanzarite authorizes Smith to record the Release at the same time the instruments in the form of Exhibits "D" - "J," "N" and "O" are recorded. Catanzarite shall promptly execute such other and further documents as may be necessary and shall otherwise cooperate to insure that the lis pendens✓notice of pendency of action has no future impact on the Summerhouse Property. Filing and entry of a proper and effective Dismissal and recordation of an effective Release, Partial Reconveyance -and Subordination are conditions precedent to all the obligations of IBEW hereunder. This Agreement shall have no force or effect until such conditions precedent have been satisfied. 16. Writ of Mandate. Catanzarite agrees that he will not seek a writ of mandate regarding the granting of or otherwise oppose in any manner, directly . or indirectly, the Use Permit, including without limitation any construction or development in accordance therewith or pursuant thereto. Catanzarite further agrees that if, in the future, a use permit substantially similar to the Use Permit obtained by Thomas is sought by. IBEW or its nominees, successors or assigns, then Catanzarite shall refrain from (i) hindering, delaying or opposing in any way the efforts to obtain such permit(s) and any related permits, maps, inspections, clearances, and approvals, (ii) encouraging, assisting, soliciting, promoting, funding or supporting in any way, 0CM1970016 _ g directly or indirectly, any opposition to such efforts to obtain such future use permit and related approvals, and (iii) making or supporting any contact with any government agency responsible for issuing such permit and related approvals. 17. General Release. Except as expressly provided in this Agreement, IBEW, City and Catanzarite, for themselves and each of their agents, representatives, heirs, executors, administrators, co -owners, co- tenants, subtenants, successors -in -interest, assigns, partners, trusts, trustees, contractors and subcontractors, past and present, hereby release and discharge one another from any and all claims, demands, actions, causes of action, obligations, liabilities, losses, debts, contracts, covenants, duties, damages, expenses, costs, costs on appeal and charges of whatever kind, whether known or unknown, suspected or unsuspected, which. exist or may exist as of the effective date of this Agreement regarding and/or arising from or pertaining to (i) the Civil Action, (ii) the common property line separating 352 Hazel Drive and the Summerhouse Property, (iii) this Agreement, (iv) the Use Permit, and (v) all their dealings prior to the date of this Agreement relating to any of the foregoing. The Parties, and each of them, acknowledge thaf they are familiar with and understand Section 1542 of the Civil Code of the State of California which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in' his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The Parties, and each of them, each hereby waive and relinquish every right or benefit which they have or may have under Section 1542 of the Civil Code of the State of California to the full extent that they may lawfully waive such right or benefit. In connection with such waiver and relinquishment, the Parties, and each of them, acknowledge that they may discover facts in addition 'to or different from those which they know or believe to be true with respect to ,the subject matter of this Agreement, but that it is their intention hereby to fully, finally and forever settle and release all matters, disputes and differences, known or unknown, suspected or unsuspected, which may exist or heretofore have existed with respect to the Civil Action and the other matters covered herein or contemplated' hereby. The release given herein shall be and remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different facts. Each of Catanzarite and City acknowledges and agrees that Thomas, including his nominees, successors or assigns, is included in each parry's release of IBEW or others contained herein. 0CM1970016 -9- 18. Further Documents. The Parties agree to execute all additional documents necessary to complete, document, and implement this Agreement. 19. Counterparts. This Agreement may be signed in counterparts and shall, subject to the terms of paragraphs 2, 13 and 15, become effective when signed by all Parties hereto. 20. Advice of Counsel: Construction of Agreement. All Parties acknowledge that they have had the advice and assistance of legal counsel of their choice in negotiating and preparing this Agreement. This Agreement is the result of negotiations among the Parties, and, as such, it shall be construed neutrally and neither for nor against -any party hereto. 21. Notices_. All notices required or permitted by this Agreement shall be in writing and shall be served either personally or by first class mail, postage prepaid. Notices personally served shall be effective when served. Mailed notices shall be effective three (3) days after mailing. The Parties' addresses for notices shall be as follows: a. If to Catanzarite: Kenneth J. Catanzarite 2331 West Lincoln Avenue Anaheim, California 92801 b. If to IBEW: c/o American Realty Advisors 700 North Brand Blvd., Suite 300 Glendale, California 91203 Attention: Scott Darling, Esq. and c/o American Realty Advisors 700 North Brand Boulevard, Suite 300 Glendale, California 91203 Attention: Mr. Stanley L. lezman C. If to City: Robert H. Burnham, Esq. City Attorney City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 Any address for notices may be changed from time to time in the same manner as provided for the giving of notices. 00961970016 -10- 22. Disputes. Any disputes concerning this Agreement which the Parties cannot resolve themselves shall be s whed by ch shall submission sole the and dispute to the Orange County Superior Court exclusive jurisdiction over this Agreement, the Parties hereto and all related matters and issues. The prevailing party in any such litigation shall, in addition to any other relief or damages which he or it may be awarded, also be awarded as damages his or its reasonable attorneys' fees, costs and other expenses incurred in prosecuting or defending such action. 23. Bindin4 Effect. This Agreement shall inure to the benefit of and shall be binding upon the Parties and their respective agents, representatives, heirs, executors, administrators, legal representatives, successors and assigns. Except (i) for the disclosures concerning Thomas in the Recitals or (ii) as provided in subparagraph 2.2 above, each of the Parties hereto warrants and represents that it has not heretofore assigned or transferred, or purported to have assigned or transferred to any person or entity whatsoever, any matter released or covered by this Agreement, or any part or portion thereof. Further, each of the Parties (other than IBEW with respect to, but only with respect to, Thomas or his nominees, successors or assigns) agrees to indemnify, defend and hold the other Parties hereto, and each of them, free and harmless of, from and against any and all claims, demands, . causes of action, liabilities, obligations, judgments, losses, damages, penalties, fees, costs and expenses, including without limitation attorneys' fees, litigation costs and/or disbursements, arising out of, resulting from, related to or in connection with any person or entity asserting any claim pursuant to any such assignment or transfer. 24. Authority. Each person who executes this Agreement represents to all other Parties that he or she does so with the full knowledge, consent and express authority of any principal on whose behalf he or she executes and delivers this Agreement. Further, each person who executes this Agreement agrees to indemnify, defend and hold the Parties hereto, and each. of them, free and harmless of, from and against any and all claims, demands, causes of action, liabilities, obligations, judgments, losses, damages, penalties, fees, costs and expenses, including without limitation attomeys' fees, litigation costs and/or disbursements, arising out of, resulting from, relating to, or in connection with any person or entity asserting any claim based on or arising from any lack of such authority. 25. Recitals and Exhibits. The Recitals set forth at the beginning, as well as the Exhibits referred to in the body, of this Agreement are incorporated herein as if set forth in this paragraph in full. 00.961970016 - It- 26. Entire Agreement: Amendments. This Agreement constitutes the entire agreement among the Parties. This Agreement is a fully integrated agreement. All prior or contemporaneous negotiations and agreements are incorporated herein. This Agreement may be amended only by a writing signed by all Parties; provided, however, that Catanzarite and IBEW may amend this Agreement as and with respect to matters which do not effect City without City's signature or consent. 27. Attomeys' Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by any party or parties to this Agreement against another party or the other parties to this Agreement, the prevailing party or parties shall be entitled to receive from the other party or parties, in addition to any other relief that may be granted, reasonable attorneys' fees, costs,. and expenses incurred in the action or proceeding incurred by the prevailing party. Other than as provided herein, each of the Parties hereto shall bear its own attorneys' fees and costs involved in the Civil Action and the negotiation of preparation of this Agreement and the related attachments and Exhibits. 28. Purchase Contract. If the purchase contract referenced in Recital B is reinstated or Thomas (or a successor assign of Thomas) otherwise acquires title to the Summerhouse Property, Catanzarite understands, acknowledges and agrees that .IBEW's rights and. benefits under this Agreement shall accrue to and inure to the benefit of Thomas or his successors and assigns. Further in this regard, to the extent that Thomas or his successors or assigns takes title to the Summerhouse Property prior to the final recordation of the various easements, agreements and other instruments granted, created or to be granted or created pursuant hereto and which are attached hereto as Exhibits, such easements, agreements and other instruments shall be amended and modified, as appropriate, so that Thomas or his successors or assigns are substituted for IBEW as a party thereto. Additionally in such event, Anthony R. Russell, the attorney for Thomas, shall be entitled to perform all of the acts which are contemplated to be performed by Smith under the terms of this Agreement. OCW61970016 . 12 - IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation doing business as American Realty Advisors Its: Authorized Agent By: Name: Title: CITY OF NEWPORT BEACH By: Name: Title: Attest: By: Name: Title: 001961970016 -13 - IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. KENNETH J. CATANZARITE SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation doing business as Ameyi�alty Advisors Its-,7A t ed Agent By: Name: to y ezman Title: President CITY OF NEWPORT BEACH By: Name: Title: Attest: By: Name: Title: 0CM1970016 . 13 - • IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. KENNETH J. CATANZARITE SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation doing business as American Realty Advisors Its: Authorized Agent By: Name: Title: CITY OF NEWPORT BEACH By: Name: w.,� J`: l'Ll.i.-o.4% Title: .4 1;9 & hac..�/ Attest: B, N Ti OC%961970016 -13 - 1 1 1 1 • • , • EXHIBIT "A" LEGAL DESCRIPTION PRESENT LEGAL DESCRIPTION - PRIOR TO RECORDING PARCEL MAP SUBDIVISION AS SET FORTH IN EXHIBIT "C" TO THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF WHICH THIS EXHIBIT "A" IS A PART: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO. 93-186, IN THE CITY OF NEWPORT BEACH, -- COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 285, PAGES 1 AND 2 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. NEW LEGAL DESCRIPTION - AFTER RECORDING PARCEL MAP SUBDIVISION AS SET FORTH IN EXHIBIT "C" TO THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2 OF PARCEL MAP NO. 95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK ' , PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OCW61720012 Exhibit "A" EXHIBIT "B" LEGAL DESCRIPTION PRESENT LEGAL DESCRIPTION - PRIOR TO RECORDING PARCEL MAP SUBDIVISION AS SET FORTH IN EXHIBIT "C" TO THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF WHICH THIS EXHIBIT `B" IS A PART: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO. 85-257, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 218, PAGES 5 AND 6 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Y NEW LEGAL DESCRIPTION - AFTER RECORDING PARCEL MAP SUBDIVISION AS SET FORTH IN EXHIBIT "C" TO THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO. 95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK , PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 00961720012 Exhibit "B" O---------------------------------- / ' f.ARAGt TRE-C. / //%'' VREM xv aRKFar MMMSE — —PATN, SPA.e•.y oil IV vq LOT 1, LEVEL 32150 SF �i/�• r. (1100 SF "basement") `` •' O� I'�/f,', ft) Nast \ qq LOT 2, LEVEL 3 Nk 12780 SF l, SITE PLAN — LEVEL 3 ' w••r.v | _______--__- -------------------------------- '------------------------ . -SITE PLAN - LEVEL 4 ' ' .'''.... F .. • • 14 CHICAGO TITLE COMPANY V :•' ��� T it • Nossaman, Guthner, Knox & Elliott, LLP 18101 Von Kaman, Suite 1800 Irvine, California 92612-1047 Attention: Rensselaer J. Smith, IV, Esq. Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 111111111111 77, 00 199 123890 4; 28pm 03/18/97 006 11903211 11 14 E01 C34 11 0 14.00 0.00 30.00 0.00 0.00 0.00 0.00 0.00 33.00 (space Above Lim for Recorder's use Only) APN: THE UNDERSIGNED GRANTOR(S) DECLARE(S): OOCUAMWARY TRANSFER TAXIS S ( ) UniaccepwaiedArea ( ) City of VIEW EASEMENT AGREEMENT Preamble and Recitals This View Easement Agreement, hereafter referred to as "Agreement," is entered into as of the date set forth below and effective as of the date this Agreement is recorded with the Orange County Recorder, by and between Kenneth J. Catanzarite, and his successors and assigns, hereafter referred to as "Grantor," and the Southern California IBEW-NECA Pension Plan, and its successors and assigns, hereafter referred to as "Grantee." A. Grantor is the owner of certain real property situated in Newport Beach, Orange County, California (hereafter referred to as the "Servient Tenement"), and more particularly described in Exhibit "A," which is attached to this Agreement and hereby incorporated by reference. B. Grantee is the owner of certain real property situated in the City of Newport Beach, Orange County, California (hereafter referred to as the "Dominant Tenement'), and more particularly described in Exhibit "B," which is attached to this Agreement and hereby incorporated by reference. 7 4ft gbetegtecoi s I , as an accommodation only C. Grantee desires to acquire certain rights in the Servient Tenement. and Chicago Title Company assumes no responsibility far artbet'e0i' 0(,1%=80017 Description: Orange,CA Document -Year. DocXD 1997.123890 Page: 1 of 11 Order: RW-O5-19-2003 08-41-29 AM Comment: SHAW Agreement 1. Grant of Easement. In consideration of the foregoing premises, the representations, warranties, covenants, and agreements set forth in this Agreement, the execution of this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the parties hereto, Grantor grants to Grantee an easement subject to the terms of this Agreement and the parties agree as set forth herein. 2. Character of Easement. The easement granted in this Agreement is appurtenant to the Dominant Tenement and runs with the land. The easement shall apply at all times that the Servient Tenement is being used or developed as two (2) separate lots or parcels or any other time except when the Servient Tenement is being used or developed, exclusively and in its entirety, as only one (1) lot or parcel with only one (1) single family residence and no out building(s), separate guest residence(s), separate rental unit(s) or the like. 3. Descnonon of Easement. The easement granted in this Agreement is for the unobstructed view through all the air space above Current Grade level from the Dominant Tenement over and across the Servient Tenement as set forth in Exhibit "C," which is attached to this Agreement and incorporated herein by this reference, subject, however, to the restrictions set forth below. Notwithstanding the foregoing (but subject always to paragraph 9 below), nothing shall preclude Grantor from developing and using any structures built at or below the horizontal plane described in paragraph 4 below. "Current Grade" is defined or shown in the Rough Grading Plan prepared by Ducts McCoy, Inc., Civil Engineers, a reduced copy of which is attached hereto as Exhibit "D" and incorporated herein by reference (the "Rough Grading Plan"). 4. Location of Easement. The unobstructed view easement is located everywhere above a horizontal plane of approximately one thousand two hundred (1,200) square feet, which is twenty (20) feet wide and approximately sixty (60) feet long. The horizontal plane is located on the Servient Tenement at Current Grade level and along the new lot line split as more particularly described in Exhibit "C." 5. Restrictions on Use of Servient Tenement The following restrictions are hereby imposed on the future use and enjoyment of the Servient Tenement to prevent the impairment or destruction of the unobstructed view easement: No structures or other objects will be allowed to encroach into the above unobstructed view easement, other than landscape vegetation, which shall not obstruct the view above five (5) feet above Current Grade with a density greater than twenty-five percent (25%) of the horizontal view through any plane. C0-101 : YET! 3F1 .2- Description: Orange,CA Document-Year.DoclD 1997.123890 Page: 2 of 11 Order: RW-05-19-2003 08-41-29 AM Comment: SHAW 6. I=. The easement granted in this Agreement shall be perpetual unless abandoned in writing and recorded with the county recorder by the Grantee. 7. AssiggQlents. If, during the existence of this Agreement, any party (either the Grantor or the Grantee) shall sell transfer or otherwise terminate its interest as an owner of the property described herein (either the Servient Tenement or the Dominant Tenement), as appropriate, or any part thereof, then, from and after the effective date of such sale, transfer, or termination of such interest, that party shall be released and discharged from any and all obligations, responsibilities, and liabilities under this Agreement as to the portion sold or transferred, except those obligations, responsibilities, and liabilities (if any) that have already accrued as of such date, and the transferee, by acceptance of the transfer or such interest, shall thereupon become subject to the covenants contained herein to the same extent as if such transferee was originally a party to this Agreement. B. Exclusive Easement, Grantee's use of the easement granted in this Agreement shall be exclusive. Grantor shall not grant or assign to others any right-of-way or easement in the Servient Tenement which interferes with the easement granted herein. Notwithstanding the terns of this provision, Grantor reserves the right to use the Servient Tenement in a manner consistent with Grantee's free use and enjoyment of the easement. 9. Grading Plan. Notwithstanding the existence of the Rough Grading Plan referenced herein or any other grading plans, Exhibit'V' attached hereto and/or any other agreement entered into by or between the parties hereto, neither Grantor nor Grantor's successors or assigns shall be entitled or have the right to develop, use or perform work on or with respect to the Dominant Tenement, the Servient Tenement or otherwise in such a manner which shall result in the need for or any requirement that Grantee or any successor -in -interest in or to the Dominant Tenement or any part thereof or interest therein to perform any act, construct any work of improvement or to incur or suffer any detriment, loss or liability, whether or not the same is contemplated by said grading plan(s), Exhibit'W and/or any other agreement to which the parties hereto are a party. 10. So= 1wd pIg=I&fion. Any ambiguities in this Agreement shall not be construed against any party to this Agreement. If this Agreement does not precisely define the rights conferred by this Agreement, the scope of this Agreement is to be construed as whatever is reasonably necessary and convenient for the purpose for which this Agreement was created. OC%962U=7 .3 - Description: Orange,CA Document-Year.DoclD 1997.123890 Page: 3 of 11 Order: RW-05-19-2003 08-41-29 AM Comment: SHAW 11. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this Agre ment is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 12. SM,c Performance. The parties acknowledge that the rights granted in this Agreement are unique and that Grantee will not have an adequate remedy at law if Grantor shall fail to perform Grantor's obligations hereunder. In such event, Grantee shall have the right, in addition to all other rights and remedies, to specific performance or injunctive relief. 13. Entire A ment. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the easement set forth herein. Any Prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee. 14. Binding Effect, This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. Executed on u� IL ,1996. 7 ME Description: Orange,CA Document-Year.DoclD 1997.123890 Page: 4 of 11 Order: RW-05-19-2003 08-41-29 AM Comment: SHAW �" � SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation, doing business as AmericanlRealty Advisors, Its Authobwd Agent By: 4CAMI Ift 111 IW_ . Name: N04 VLY iezman Its: Pr dent CONSENT OF GRANTOR'S SPOUSE ' I acknowledge that the interests conveyed in this instrument are the separate property of my spouse, Kenneth J. Catanzarite, the Grantor. I have read the foregoing instrument carefully and consent to its execution and performance in all respects. -s- Description: Orange,CA Document-Year.DocXD 1997.123890 Page: 5 of 11 Order: KW-05-19-2003 08-41-29 AM Comment: SHAW 9 ACKNOWLEDGMENT State of California ) ss. County of Orange ) On ,1996, before me, I t ' a Notary Ablic, personally appeared Kenneth J. Catanzarite and Kim E. Catanzarite, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument,. WITNESS my hand and official seal. Signature: 1" t - M • NOTARY PUBLIC [Seal of Notary] State of California ) Les Aire•«) ss. County of QMW ) On /_,1996, before me, Ag.,L 4 S. (?**A' a Notary %blic, personally appeared-sTiowJAwAl—, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: J -O NOTARY PUBLIC [Seal of Notary] PAULA S. COox COMM. #1007359 NOTARY RMLIC - MMORNIA LOS ANGELES COUNTY 00062280017 i...........All iomin,iiiii.00Lu 1997 Descriptfon: Orange,CA Document-Year.DocXD 1997.123890 Page: 6 of 11 Order: RW-05-19-2003 08-41-29 AM Comment: SHAW EXHIBIT "A" ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2 OF PARCEL. MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK, PAGES A9 AND 32 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OM2 =38 Exhibit "A" Description: Orange,CA Document-Year.DoclD 1997.123890 Page: 7 of 11 Order: RW-05-19-2003 08-41-29 AM Comment: SHAW EXHIBIT "B" ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FUM IN BOOK 9Y , PAGES -a AND 3a INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OLAM80039 Exhibit "B" Deecript on: Orange,CA Document-Year.Doc= 1997.123890 Page: 8 of 11 Order: KW-05-19-2003 08-41-29 AM Comment: SHAW EXHIBIT "C " EASEMMNT FOR VIEW PURPOSES AN EASEMENT FOR VIEW PURPOSES OVER THAT PORTION OF LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 95-178, FILED IN BOOK 044 , PAGES 0�4 AND 3 a INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE NORTHWEST 10.00 FEET OF SAID PARCEL 2. PREPARED BY: DUCA-MCCOY, INC 3840 E. COAST HWY. CORONA DEL MAR, CA. 92625 (7 ) 675-4487 PETE J. D CA R.C.E. 24668 Description: Orange,CA Document-Year.DocZD 1997.123890 Page: 9 of it Order: RW-05-19-2003 08-41-29 AM Comment: SHAW .. IJuiI u_ :o u�•ct uuuH Plt''1Y, INC. 714-6754456 EX=BST •C " )`iq-\ EASEMENT FOR VIEW PURPOSES (Page 1) AN EASEMENT FOR VIEW -PURPOSES OVER THAT PORTION OF LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT P F P EL SHO ON PARCEL MAP NO. 95-178, FILED IN BO PACZS�_ INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; DESCRIBED AS FOLLOWS: THE SOUTHEAST 10.00 FEET OF SAID PARCEL 1. PREPARED BY: DUCA-MCCOY, INC 3840 E. COAST HWY. CORONA DEL MAR, CA. 92625 (7 ) 675-4487 ) oi_� V • 3- t PETS-J. IDUCA R.C.E. 24668 No. 24668 E:D h 31• 'i7 �r� PARCEL 3 Uso, 22,20"w 10.5.*)2l 95.00' w P. w PARCEL I ul L-Al IIUI I .EAS'.E MENT -MAP. _ Nose 22, 2l"w N5oi 22'2d W .9 5 r 33.tz�. LEGEND DENOTE5 EASEMENT Fon N5 o2'?0"w VIEW f`uFSP09E5. PARCEL 2 3�0, Ss, EX15T. ORAINAGE EASEMENT RETAINED °13 8Y CITY of 1'{EWPOFST BEACH rE % Y ►tl0q OF GLEN DRIVE. 1145TA.. W gg-05"(Ot, QR• 0 v PFtEPAR b BY: y . '• °G�9 / DUCA=MC COY , INC. �8.0 E COAST HWY CORONA bEL MAR, CA. (714) 6?5-448 92625 _ �'9r .yrvn. ��t P, •3 ye i�i .: ctlF PETS J: CA R.C.E 24668 `[f11T1::_ "c ItEXHIBIT EASEMENT MAP PARCEL :3 4og ;22�2oD"N , ►�s°'�2'1 95 r LEGEND uso'22'2o"W IOS.'jt� `� Nls•SE�Sr°E ®r__DENO'IE9 EASEMENT FOPS ti . .. 95.00' �O•! ' ` � 12.1°�' � " a•oo Nso°tie eo W VIEW PUAP09>;5. o ,� 24.21 o . L I - AT PARCEL .I 's• w 30• 10,00 cq Z PARCEL. 2 • " I �O A ta h // Iss� • •i. A m ro EXIST. DRAINAGE VASEMENj REiAWED N ' e'( C17Y of nEwPoRT 6F.ALI1 PEF, YAu►TIoN .� OF GLEN DRIVE. IN9TR. Na 92-0109968. Q•R. 9GP a'� a ao G / PREPARED BY;' cn o QEt�'• ��� / DUCA-NICCOY, INC. ro eq s � � 3840 E COAST HWY O M , No. 24668 CORONA DEL MAR. CA. a c t� 2• I. 7 ' (714) 675-44877 92625 a P f+�-- ,3 CIVIL ,P , 9r�of At1f04� ' P TE J. 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'�'�` yr��.. - .r_�.'S. �y,Y, r•.wrr-+.1. w�i.•r-•w3 DIRT I _�r rr iADrfAb D! AIb [ �r"Z_�"�:I:rlrir+L-wri�J.rr�ri`o•• �_� •L:i: �Cw.. .T' lK• • wrrrwr.•r r.r�.-.r.r�•.r.rr...wY • .�r�T.'�w�....�.rrrrr""S. • �tw► .wear RIB �aww1!",t M N o'' ••uw 1� 111 i ( 1 11, 01 ••.rf"" h aiiais JAI i fi ROUGH GR tOIHG FLAN OF 352 HAZEL DRIVE CORONA DEL MAR. CA. 0 I* M ao C►TCAGO TITLE COMPANY Nossaman, Guthner, Knox & Elliott, LLP 18101 Von Karman, Suite 1800 Irvine, California 92616-1047 Attention: Rensselaer J. Smith IV, Esq. J Recorded in the County of Orange, California N011111IGranville 11 e77 - 00corder ��I OOs 11003211 „ 149gM23889 4; 28pm 83/18/97 Eel C34 11 0 14.00 0.00 30.00 0.00 0.00 0.00 0.00 0.00 33.00 (Space Above line for RecokWs Use Only) APN: THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOC W1WARY TRANSFER TAX 1S s ( ) unh=porased Ana ( ) Cityof UNOBSTRUCTED VIEW EASEMENT AGREEMENT Preamble and Recitals This Unobstructed View Easement Agreement, hereafter referred to as "Agreement," is entered into as of the date set forth below and effective as of the date this Agreement is recorded with the Orange County Recorder, by and between Kenneth I. Catanzarite, and his successors and assigns, hereafter referred to as "Grantor," and the Southern California IBEW-NECA Pension Plan, and its successors and assigns, hereafter referred to as "Grantee." A. Grantor is the owner of certain real property situated in Newport Beach, Orange County, California (hereafter referred to as the "Servient Tenement"), and more particularly described in Exhibit "A," which is attached to this Agreement and hereby incorporated by reference. B. Grantee is the owner of certain real property situated in the City of Newport Beach, Orange County, California (hereafter referred to as the "Dominant Tenement"), and more particularly described in Exhibit `B," which is attached to this Agreement and hereby incorporated by reference. Iftdoaura ttsbeingnr r W,1 as an accommodation "IC. Grantee desires to acquire certain rights in the Servient Tenement. and Chicago Mile Company amumes no resnonsibiltty for cor =mess ur vandity thc=L 00962280016 -1- 04 9escription: Orange,CA Document-Year.Doc= 1997.123889 Page: 1 of it 7rder: KW-05-19-2003 08-41-29 AM Comment: SHAW Agreement 1. Grant of Basement. In consideration of the foregoing premises, the representations, warranties, covenants, and agreements set forth in this Agreement, the execution of this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the parties hereto, Grantor grants to Grantee an easement subject to the terms of this Agreement and the parties agree as set forth herein. 2. Character of Easement. The easement granted in this Agreement is appurtenant to the Dominant Tenement, and runs with the land. 3. Description of Easement. The easement granted in this Agreement is for the unobstructed view through the air space from the Dominant Tenement over and across the Servient Tenement. 4. Location of Eaw=m ,The unobstructed view easement is Iodated everywhere above a horizontal plane. The horizontal plane is at an elevation -of ninety- eight (98) feet above the area shown on Exhibit "C," which is attached to this Agreement and hereby incorporated by reference. The elevation of ninety-eight (98) feet is as shown by the Rough Grading Plan prepared by Duca-McCoy, Inc., Civil Engineers, a reduced copy of which is attached to this Agreement as Exhibit "D" (the "Rough Grading Plan"). 5. Restrictions on Use of Servient Tenement. The following restrictions are hereby imposed on the future use and enjoyment of the Servient Tenement to prevent the impairment or destruction of the unobstructed view easement: No vegetation, structures, or other objects will be allowed to encroach into the above unobstructed view easement, except (a) the only permanent structures constructed above the referenced horizontal plane shall be safety railings or fencing, no higher than five (5) feet and built entirely with clear or transparent colorless materials, except for support posts which shall be no closer than five (5) feet on center and six (6) inches wide; and (b) all non -permanent structures, such as movable vegetation, patio furniture and other movable objects, which nonetheless shall not obstruct the view with a density of more than twenty-five percent (25%) of the horizontal view from the Dominant Tenement through the easement in any plane. Notwithstanding anything in this Agreement to the contrary, no structure, either permanent or non -permanent, shall exceed the elevation of one hundred eighteen (118) feet as shown by the Rough Grading Plan. 6. Term. The easement granted in this Agreement shall be perpetual unless abandoned in a writing by the Grantee recorded with the county recorder. 0C.196UM16 -2. Description: Orange,CA Document-Year.DocXD 1997.123889 Page: 2 of 11 Order: JCW-05-19-2003 08-41-29 AM Comment: SHAW 7. Assign. If, during the existence of this Agreement, any party (either the Grantor or the Grantee) shall sell transfer or otherwise terminate its interest as an owner of the property described herein (either Servient Tenement or the Dominant Tenement), as appropriate, or any part thereof, then, from and after the effective date of such sale, transfer, or termination of such interest, that party shall be released and discharged from any and all obligations, responsibilities, and liabilities under this Agreement as to the portion sold or transferred, except those obligations, responsibilities, and liabilities (if any) that have already accrued as of such date, and the transferee, by acceptance of the transfer of such interest, shall thereupon become subject to the covenants contained herein to the same extent as if such transferee was originally a party to this Agreement. S. Exclusive Easement. Grantee's use of the easement granted in this Agreement shall be exclusive. Grantor shall not grant or assign to others any right-of-way or easement in the Servient Tenement which interferes with the easement granted herein. Notwithstanding the terms of this provision, Grantor reserves the right to use the Servient Tenement in a manner consistent with Grantee's free use and enjoyment of the easement. 9. Coding Plan. Notwithstanding the existence of the Rough Grading Plan referenced herein or any other grading plans, Exhibit "D" attached hereto and/or any other agreement entered into by or between the parties hereto, neither Grantor nor Grantor's successors or assigns shall be entitled or have the right to develop, use or perform work on or with respect to the Dominant Tenement, the Servient Tenement or otherwise in such a manner which shall result in the need for or any requirement that Grantee or any successor -in -interest in or to the Dominant Tenement or any part thereof or interest therein to perform any act, construct any work of improvement or to incur or suffer any detriment, loss or liability, whether or not the same is contemplated by said grading plan(s), Exhibit' V' and/or any other agreement to which the parties hereto are a party. 10. Scope and Intervretation. Any ambiguities in this Agreement shall not be construed against any party to this Agreement. If this Agreement does not precisely define the rights conferred by this Agreement, the scope of this Agreement is to be construed as whatever is reasonably necessary and convenient for the purpose for which this Agreement was created. 11. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 0CM228M16 - 3 - Description: Orange,CA Document-Year.DoclD 1997.123889 Page: 3 of it Order: RW-05-19-2003 08-41-29 AM Comment: SHAW • 12. ,SOW& Performance. The parties acknowledge that the rights granted in this Agreement are unique and that Grantee will not have an adequate remedy at law if Grantor shall fail to perform Grantor's obligations hereunder. In such event, Grantee shall have the right, in addition to all other rights and remedies, to specific performance or injunctive relief. 13. Entire Aare�ement. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the easement set forth herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee. 14. Binding Effect This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. Executed on V4 1996 C! OC1962 MIG GRANTOR: SOUTHERN CAL FORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation, doing business as American Realty Advisors, Its By; Nay Its: -4- President Demcription: Orange,CA Document-Year.DocXD 1997.123889 Page: 4 of 11 Order: KW-05-19-2003 08-41-29 AM Comment: SHAW • • I acknowledge that the interests conveyed in this instrument are the separate property of my spouse, Kenneth J. Catanzarlte, the Grantor. I have read the foregoing instrument carefully and consent to its execution and performance in all respects. .S. Description: Orange,CA Document-Year.DocXD 1997.123889 Page: 5 of 11 Order: KW-05-19-2003 08-41-29 AM Comment: SHAN .7 ACKNOWLEDGbMT State of California ) )88. County of Orange ) On Auwr 14 ,1996, before me, a"14' Notary Ablic, personally appeared Kenneth J. Catanzarite and Kim E. Catanzarite, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC State of California ) cos A,00.e46s) ss. County of Osange ) [Seal of Notaryl ww DOIMIt;ALWehe5 36 IMIAM- O 14 .1996, before me, _Awd l jv S. Cook , a Nota Public, personally appeared S7T"14.J L Is 14 L . E z� personally known to me (or proved to me on the basis of sadsfaciory to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: (- a " �' —,- t. :! g '9� � NOTARY PUBLIC .................................. PAULA S. COOK [Seal of Notary] COMM. #1007359 NOTARY PUBLIC . CAFORNIA � U1S ANGNGELES COUNTYNiY My Comm. Fzpun Oct 31,1997 0CW62280016 .6- Description: Orange,CA Document-Year.DoclD 1997.123889 Page: 6 of 11 Order: KW-05-19-2003 08-41-29 AM Comment: SHAW EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF Q�GE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK A PAGES AND 3a INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 0CM2n0038 Exhibit "A" Description: Orange,CA Document-Year.DocZD 1997.123889 Page: 7 of 11 Order: KW-05-19-2003 08-41-29 AM Comment: SHAW EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANG STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK A4 . PAGES AND 3 o iNcLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OM962280039 Exhibit `B" Descriptson: Orange,CA Document-Year.DoclD 1997.123889 Page: 8 of 11 Order: KW-05-19-2003 08-41-29 AM Comment: SHAH► E EXHIBIT NCR EASEMENT FOR UNOBSTRUCTED VIEW PURPOSES (MAXIMUM BUILDING BMIGHT ELEVATION OF 98.00) AN EASEMENT FOR UNOBSTRUCTED VIEW PURPOSES (MAXIMUM BUILDING HEIGHT ELEVATION OF 98.00) OVER THAT PORTION OF LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAPNO. 95-178, FILED IN BOOK gqq, PAGES N AND 30 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING'SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 2; THENCE NORTH 15 47'30" WEST 133.20 FEET ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36 45'55" WEST 105.66 FEET, MORE OR LESS, TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 2. PREPARED BY: DUCA—MCCOY, INC 3840 E. COAST HWY. CORONA DEL MAR, CA. 92625 (4) 675-44 7 PETE J. D CA R.C.E. 24668 No. 24668 0Nlt. Description: Orange,CA Document-Year.DoclD 1997.123889 Page: 9 of 11 Order: KW-05-19-2003 08-41-29 AM Comment: SHAW : o M PARCEL 3 U50.22*20°PF 105.' P. M, W PARCEL I 6150.22 20" rJ 78.16' IXIH.'1311• �. . ` . EASEMENT MAP "Is•- N1 4.5?� Al9o• s'2'40r MI _•22'2eW 178 3e.z2' 9 LEGEND k15 GM .D-No_TE5 EASEMEN FOR I2'19' :.. tJN065TRUCTED V1614 PURP05E5. 24C21t�2'?0"W :(MAXIMUM WILDIIIQ H616HT E160110 . OF 98.Do) PARCEL 2 I ~s EXIST. DRAINAGE EASEMENT RETAINED t 8'( C17Y OF NEWF OAT 6E11CN PER 'YACATIVAI ` OF GLEN PFIIVF- INSTR. N& 92-OS"6E, 4 ` Ne:24668 • Ego Z- 199 9GPv 'f/,I,�fnCJVll...a �� II PREPARED BY: DUCA-McCOY, INC. 3840 E COAST HWY ' CORONA DEL MAR, CA. 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Oi ■r. \+.3 a:x:s.-'sue--.._..r.....r.��r.rY a rr. a•� =? r�FSr" `n-. =f$� O�a1114 IIIIC ,rf a wr :�.'.'C1:4.'� :1+1. 352 HAZEL DRIVE ••-• n>.frll:nrfan is I CORONA DEL VAR. CA. 0 �:-'Q FO Rri March 27, 2006 Kenneth Catanzarite 2331 West Lincoln Avenue Anaheim, CA 92801 RE: 352 Hazel Drive (PA2004-076) CITY OF NEWPORT BEACH PLANNING DEPARTMENT Patricia L. Temple, Director As discussed previously with your architect, Michael Chait, in the meeting of October 18, 2005 and per the November 8, 2005 letter, your application has remained incomplete for a significant period of time. To date, staff has not received any of the items previously requested. This letter is intended to advise you that the previously requested items must be submitted within the next 30 days for the City to continue processing your application. If those items are not submitted within 30 days, the application will be considered abandoned and your application will be closed with* any unused case processing fees returned to you. In regards to your letter regarding New Policy 4.4.3 Natural Landform Protection of the City's new Local Coastal Program Land Use Plan, staff and the City Attorney's Office have reviewed your letter, the settlement agreement and other documents related thereto. If you are still interested in moving forward with your application, the City Attorney's Office and the Planning Department would like to meet with you to discuss these issues. If you should have any questions or would like to schedule a meeting to discuss the New Policy 4.4.3, feel free to contact me at (949) 644-3209. Sincerely,, Jaime Murillo Associate Planner cc. Aaron Harp, Assistant City Attorney Micheal Chait, Project Architect 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3200 - Fax: (949) 644-3229 - www.city.newport-beach.ca.us 'FoRi Novemeber 8, 2005 C2G Architects Michael Chait 14931A Califa Street Van Nuys, CA 91411 RE: 352 Hazel Drive (PA2004-076) CITY OF NEWPORT BEACH PLANNING DEPARTMENT Patricia L. Temple, Director As discussed in the meeting of October 18, 2005 and per the telephone discussion on November 4, 2005, your application has remained incomplete and will be closed unless the following items requested are promptly submitted: 1. Provide a grading plan prepared by a licensed civil engineer for the proposed development. Plan must show limits of all grading activities including all areas to be disturbed and approximate quantity of cut and fill. 2. Provide a comprehensive Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPP) to ensure drainage is addressed correctly and erosion is controlled. 3. Staff has received the Biological Assessment of the site dated February 18, 2004; however, to ensure that the biological assessment is still valid, please have the Biologist revisit the site and note whether conditions have changed and determine if the original assessment is still valid. If so, please have the Biologist write a letter to that effect. 4. Provide a geologic/soils/geotechnical study that identifies any geologic hazards affecting the proposed project site, any necessary mitigation measures, and contains a statement that the project site is suitable for the proposed development and that the development will be safe from geologic hazard. The report shall be signed by a licensed Certified Engineering Geologist or Geotechnical Engineer. (LCP Policy 2.8.7- 3) 5. Provide revised plans illustrating that the proposed retaining wall and guardrails are in conformance with the 24-foot height limit. Additionally, any portion of the wall that encroaches into the 4-foot sideyard setbacks shall be restricted to a maximum height of 6-feet above natural grade. 6. Provide a preliminary landscape plan to illustrate how you propose to mitigate the aesthetics of the proposed retaining wall. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3200 • Fax: (949) 644-3229 • www.city.newport-beach.ca.us 0 - 6 7. Submit a revised application requesting an amendment to Resubdivision No. 1019 to eliminate Condition No. 15 restricting construction or landform alterations below the 85-foot contour line. (Application Attached) The amendment to a previously approved subdivision map is subject to all the findings required for the approval of a tentative parcel map including the finding related to consistency with the General Plan and Local Coastal Program Land Use Plan. Additionally, the amendment is subject to the California Environmental Quality Act and no exemption is applicable. Therefore, an Initial Study will be prepared and a Mitigated Negative Declaration is anticipated. The Initial Study cannot be completed until the requested materials are provided; however, staff is in the process of selecting a qualified consultant to prepare the environmental documents. Please note, Policy 4.4.3 (Natural Landform Protection) of the City's new Local Coastal Program Land Use Plan establishes specific policies related to the preservation and protection of bluffs, cliffs, hillsides, canyons, and other significant natural landforms. Specifically, Policy 4.4.4-18 reads as follows: 4.4.3-18. Establish canyon development setbacks based on the predominant line of existing development for Buck Gully and Morning Canyon. Do not permit development to extend beyond the predominant line of existing development by establishing a development stringline where a line is drawn between nearest adjacent comers of existing structures on either side of the subject property. Establish development stringlines for principle structures and accessory improvements. Please be aware that the City must make a finding of consistency with this policy; however, upon preliminarily plotting the stringlines, it appears that your proposed retaining wall will significantly extend beyond the predominant line of development. Please submit the information requested at your earliest convenience in order to continue processing your application. Additional questions/corrections/comments may arise after a review of these requested materials. If you should have any questions regarding this project or letter, feel free to contact me at (949) 644-3209. Sincerely, Jaime Murillo Associate Planner BEST AVAILABLE IMAGE �4 Total Lot Size to 85 foot contour: approx. 3480 sq ft minus setbacks: approx 2475 sq ft. < o Total Lot Size to Predominant Line of Accessory Improvements: 4505 sq minus setbacks: approx 3426 sq ft. i l 'bP NAW �> - ., ., o /, �� �j � - � � � - "ABM ,� •� •, �' 46-� i }"•.r �� , n0, "!'A! 4. Jl,n,,�, ,. !f't ..... •�. '.�",� s to,* A. �. 0. , A _ '"� %. ���'-. � • , ,�, � • = ` J'; 111 ` 1 �` �, ` , i� Go ;l. fw► `� 1l \\ �... '• '� ••�. `� Feet o 01, 10, ��� / f of or Aav ol ol Ile ���FORr'i May 6, 2005 Michael Chait C2G Architects 14931 A Califa Street Van Nuys, CA 91411 RE: 352 Hazel Drive (PA2004-076) Dear Mr. Chait: CITY OF NEWPORT BEACH PLANNING DEPARTMENT Patricia L. Temple, Director In order to resume the review of your application we are requesting that you contact our office to discuss your project. Please be advised, the City cannot keep the application open indefinitely. If in your opinion project is active, please contact me as soon as possible so we can discuss what is required to make your application complete. If we don't hear from you or if it is your intention to withdraw the application, we will review your account and process a partial refund for any remaining balance. Sincerely, Gregg B. Ramirez Associate Planner (949) 644-3219 gramirez(c�city.newport-beach.ca.us. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3200 • Fax: (949) 644-3229 • www.city.newport-beach.ca.us C G ARCH ITECTUR E D E S I G N C O N S T R U C T I O N 1 4 9 3 1 a ca'!ifa sheet van n[ivs caiiIorn, a 9'.-11 t t e 1 818.741 '390 fax 818 781.1-167 October 4, 2005 Jaime Murillo Associate Planner Planning Department 3300 Newport Blvd. Newport Beach, CA 92658-8915 Re: 352 Hazel Drive (PA2004-076) C2G Project No. 0309 Dear Jaime, I have prepared this letter in response to your recent message regarding the status of the above application. The property Owners wish to leave the application open as requested in my earlier letter to Greg Ramirez. We also request a meeting with you at your office in the next week or so to discuss the scope of the proposed landform improvements, and present additional items requested by Greg in his letter dated August 3, 2004. Jaime, I hope the above will be satisfactory for your purposes. If you have any questions, or need clarification of any item, please call me. Thank you for your assistance. Sincerely, C2G A Michael Chait MC/mc o'c: Ken and Kim Catanzarite Michael S. Chait architect Alain Giaimo architect C G A R C H I T E C T U R E D E S I G N C O N S T R U C T I O N 931a cal i i street van nays calrfornis 91111 tel 81,8.73t1390 fax 818 ' 8 1 . 1 4 6 7 June 21, 2005 Gregg B. Ramirez Associate Planner Planning Department 3300 Newport Blvd. Newport Beach, CA 92658-8915 Re: 352 Hazel Drive (PA2004-076) C2G Project No. 0309 Dear Gregg, I have prepared this letter to request that the application for the above project be kept open until November 1, 2005. We are making this request because we need additional time (1) to prepare the additional documents requested by your department in your letter dated August 3, 2004; (2) to review the impact of the proposed landform alteration in relation to slope stabilization and make the appropriate recommendations; (3) to revise the extent and configuration of the landform alteration; and (4) to discuss the proposed amendment to the conditions of approval of the resubdivision with the Coastal Commission representative. Gregg, I hope the above will be satisfactory for your purposes. If you have any questions, or need clarification of any item, please call me. In the meantime, I understand from your voicemail message that the application will be transferred to another planner in your office. When you know whom that will be, please forward a name and telephone number. Thank you for your assistance. Sincerely, C 2P _ ,n �c /-�-n 4-, Michael Chait MC/mc oc: Ken and Kim Catanzarite RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPCRT BEACH AM JUN 2 7 2005 PM 71819110111,12 11 1213141516 Michael S. Chait ;architect Alain Giaimo a�c�rtect r � C G A R C H I T E C T U R E D E S I G N C O N S T R U C T I O N 14931 a callfa street van nut's calitorma 91411 tel 818-781 .1390 tax 818.781 .1467 June 25, 2004 Gregg B. Ramirez Associate Planner Planning Department 3300 Newport Blvd. Newport Beach, CA 92658-8915 Re: 352 Hazel Drive (PA2004-076) C2G Project No. 0410 Dear Gregg, I have prepared this letter in response to your letter dated May 11, 2004. Your letter described a number of outstanding items necessary to complete our application. Our response to those items is as follows: 1. Please refer to the enclosed survey prepared and signed by Pete Duca. 2. Please refer to the enclosed soils report dated November 3, 2003. 3. & 4. At this time, we request a deferral in preparing a grading plan, comprehensive WOMP and SWPPP for the proposed landform alteration until we have received initial responses regarding approval or denial of the application. The cost and time to complete the above work is extensive. While we understand the work will be necessary if the application is approved, the expense and time would be lost if the application is denied. 5. Please refer to the revised site plan dated June 25, 2004. 6. The imported fill materials will be delivered to the site via Hazel Drive. We anticipate special arrangements with Public Works will have to be made in advance of such work. 7. Please refer to the revised site plan dated June 25, 2004. We are aware of the height limit. We anticipate the appropriate departments will reviewany grading and construction plans prior to construction, and the site work will be inspected accordingly. We will do whatever is necessary during the design, engineering and construction phase to enforce the height requirement. 8. At this time, we request an Amendment to the Districting Map. If this is not sufficient notice, please forward the appropriate forms or other instructions. 9. Please refer to the signed document provided by the preparer of the labels and radius map, Chicago Title. Gregg, I hope the above will be satisfactory for your purposes. If you have any questions, or need clarification of any item, please call me. Sincerely, C2 C Gam- f` Michael Chait MC/mc enc.: as noted oc: Ken and Kim Catanzarite Michael S. Chait awh,tect Alain Giaimo architect A. General Information Applicant/Agent: ENVIRONMENTAL INFORMATION FORM City of Newport Beach Planning Department 3300 Newport Boulevard, Newport Beach, CA-92663 (949) 644-3200 C2G Architects Phone: (818) 7 81-13 9 0 Address: 14931 A Califa St., Van Nuys, CA 91411 2. Property Owner: Ken & Kim Catanzarite B. Phone: (714) 520-5544 Address: 352 Hazel Dr Corona del Mar CA Proiect Description Please attach the following materials for the project: • Vicinity map • Plans drawn to scale • Proposed revisions to zoning map • At least 3 different.site photos mounted and text using underline and on 8 1/2 X 11 cardboard with a key map stFikeeut notation, if applicable showing the photo locations and direction of view 1. Project name: Landform Alteration 2. Project location: 352 Hazel Dr., Corona del Mar, CA 3. Assessor's parcel #: 0 5 2 —18 2 — 4 5 4. Permit application #: Sa. Proposed use: Yard Area Yard Area 5b. Project size ( ) ; 2,600 SF (740. cyds ) Sc. Site size: 5d. Building height- N/A 6. Existing land use designations: General Plan: Single Family Residential Zoning: R-1 Specific Plan: LCP: 7. Previous governmental approvals: Resubdivision No., 1002, and No. 1019 8. Other governmental approvals required: Federal: N/A State: N / A Regional: N/A Local: Planning Commission 9. Begin construction: August 2004 Estimated occupancy: Nov. 2004 (date) (date) . 1 Page 2 Environmental Information Form 352 Hazel Drive Corona Del Mar, CA April 2, 2004 B. Project Description 1. The project includes extending a level yard into the rear yard of an existing single-family residence. The yard area is approximately 2,000 SF, completely landscaped with a small portion of hardscape. The yard extension begins at the 85' contour line and extends approximately 28 ft. to approximately the 65' contour line. The yard area side -setback from the southwest property line varies from 6 to 12 ft.; and 6 to 18 ft. from the northeast property line. The yard area will be surrounded by a retaining wall system. The system will include rough stone -faced interlocked blocks, arranged as a canted wall, with intermediate planter areas. (Refer to sample photos 1-3.) C. Environmental Setting: 1. The subject property is developed with a single-family dwelling, a gazebo structure, patio improvements, a small back yard restrained by an existing retaining wall, and a hillside slope down to Buck Gulley. Buck Gulley is a seasonal streambed that drains down from the San Joaquin Hills into the Pacific Ocean. Specifically, the proposed landform alteration would occur in the hillside area between 71.16 MSL (85' contour line) and 51.16 MSL (65' contour line). The impacted area would be limited to the hillside of the subject property. A non- native groundcover plant dominates the hillside, with a few native shrubs. The streambed area at the base of the slope is dominated by a moderately dense stand of arroyo willow trees, with a relatively undeveloped growth of scattered coyote brush, tobacco tree, and suspected poison hemlock. 2. Surrounding and adjacent properties and uses include: to the northeast, the Summerhouse Senior Facility; to the southeast, across Buck Gulley, residential uses; to the southwest and northwest, across Hazel Drive, are residential uses. The adjacent properties are similar to the subject property with residences overlooking the hillside. Hillside vegetation on these adjacent properties are more dense than the subject property, _and have less iceplant cover. In particular, several residences on the east side of Buck Gulley, along Evening Canyon Road, include landform alterations at or below the proposed contour elevations. The landform alterations include a swimming pool, patio areas, staircases, walks, landscaped yards, and play areas. Page 3 • Environmental Information Form i 352 Hazel Drive { Corona Del Mar, CA I April 2, 2004 D. Potential Environmental Effects: I. Aesthetics: The proposed landform alteration will not obstruct or disrupt any private or public views. The yard area and retaining wall will be planted and attractive. II. Agriculture Resources: None present. III. Air Quality: No air emissions proposed or resulting from the project. i IV. Biological Resources: See separate Biological Assessment report by i Thomas Olsen Associates, Inc., dated February 18, 2004. V. Cultural Resources: None present. VI. Geology and Soils: See separate letter by GeoFirm, Inc., dated March 24, 2004. The yard area will require approximately 750 cyds of fill. VII. Hazards and Hazardous Materials: No known hazardous materials. According to the City of Newport Beach, the project site is not located in a flood zone. I Vill. Hydrology and Water Quality: The proposed project will not affect existing patterns of drainage. IX. Land Use and Planning: The proposed yard extension is in a residential zone; and the surrounding neighborhood includes primarily residential uses. X. Mineral Resources: No known mineral resources. XI. Noise: Noise impact during grading will include grading equipment. Otherwise, the proposed landform alteration will not generate noise impacts. I XII. Population and Housing: The project is part of an existing single-family residence. ' XIII. Public Services: No public services will be affected by the proposed yard extension. XIV. Recreation: The project site is not located within or adjacent to any recreational sites. } f� 1 � • Page 4 Environmental Information Form 352 Hazel Drive Corona Del Mar, CA April 2, 2004 XV. Transportation/Traffic: The proposed project will not impact existing transportation or traffic patterns or infrastructure. XVI. Utilities and Service Systems: The project will not require any public or utility services. Certification I certify that the statements furnished above and in the attached exhibits are correct and complete to the best of my knowledge and belief. I am the legal owner of the property that is the subject of this application or have been authorized by the owner to act on his behalf regarding this application. I further acknowledge that any false statements or information presented herein may result in the revocation of any approval or permit granted on the basis of this information. / ICPA61, C H,41 T G 2 6 Date Print name of owner or representative and Title Signature For Office Use Date filed: Fee: Receipt No: JAForms 2000\CEQA\environmental information form-doc 4 Rev. 7-25-00 Apr-07-2004 03:26pm From AM - F1pr 07 o4 oa:57p C20 T-221 P.002/002 F-330 918-7810467 p.2 Apn1 B. 2004 Janet Brown planning Daparl"nt City of NewPort gem* 3300 Newport Boulevard Newport Bch. CA 92663 Re-. AuthOri WOft EnvirOnMWUI lnforrnallOn Farm LAllc form Alteration 352 Hazel Drive C2G+ Projsot No. am OW Ms- Brawns rosenwYe for the purposes Of nel's behalf re9a�l� n7e preparation and submittal Of 'Me atve �' 1 1 have prepared is I�r to authprize 02G to act as my acting on ttt am the fin' owner of fecord of 1138 PTOWfly• If you need any n will be satlstactory for aPPlicatlon purpo• 1 hope the above irrformatia funkier information, please call t (714� 520-55A4• Resolved Aar-OT-2004 OVOOP: FrW-811 781 146T To- Peas 002 • E9 Send To Printer Back to Map 352 Hazel Dr Corona Del Mar CA 92625-3031 US Notes: ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ Book a Hotel: Save up to 70% on Orbitz Savers Nationwide! Book Now! All rights reserved. Use Subject to Ucense/Copyright I Map Legend wwvTh3cb1 This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and Its suppliers assume no responsibility for any loss or delay resulting from such use. Privacy Policy & Legal Notices m 2004 MapQuest.com, Inc. All rights reserved. l s t era n ►� SO 7 4 DO y05 �b M11� p K ► O E �g� DLj hr Air o0 eor nor or N R ca ZK n TOAD 2� SZAWARD o 206 251 N:- 1� 2g7 a►l o (jam •y ',i7/ r � •�� 1 rF i rTO n Yll 1 i 1 O'tli.'TIOYTmr 1 ° �swrr[ roar i. ■csroncc 1 . 0 1 , G r i s ~ai � °/_, o,� / • � 4 M� �� , .• �'� ....tom . .... to..• �. ... .. ............•.. ••'` o rl SITE PLAN en[Yuwo.111��Yrralrl wommaoY J`'r6 e 1 `PICTURE # •NYNIi[CIY[[ Y[[ YN poN[r[uenoY C2G �YYuor u.N r YY.CYrs n.n it [1[nlns r�[ [unulur X2MZEL DRIVE CORONA DEL MAR, MfORNIA Y✓I[ rA L� .IsoYIYYNru�• /TEloi"- ANDFORM LTEmWIN, CM 1 •_ � Y i�,y.? � • w r 3 �� ;1L,JLJ �W l_WI'. -�-lll O A lr,_ _ r-- .. 41. AIL r#r .i/ ' ' ' . •fit' +r J•r 1 1 1 n A ' ►may - . 'G�' x !� � '� � '� .l ��� �ti�1•• e'er. `tr: r.''� "f-it r Y - , �,, y i _ �. �i.� .•1� � �rt� �'t rat .�-E;�° r �(��ttq , r vy04 n 4 1 �j�, till jf'� r,Y ►may - . 'G�' x !� � '� � '� .l ��� �ti�1•• e'er. `tr: r.''� "f-it r Y - , �,, y i _ �. �i.� .•1� � �rt� �'t rat .�-E;�° r �(��ttq , r vy04 n 4 1 �j�, till jf'� r,Y oil ... `fC ♦ h. ` iy R Mr. Michael Chait C2G, Architect 14931 a Califa Street Van Nuys, California 91411 RECEIvEC FFR 7 0 2004 C2G, INC. February 18, 2004 Re: Biological Assessment of the 352 Hazel Drive Site in Corona Del Mar, Orange County, California Dear Mr. Chait Thomas Olsen Associates, Inc. (TOA, Inc.) personnel conducted a visit of the above referenced site in order to assess the potential for impact of listed and sensitive species by the proposed project. The project proponent proposes to construct a retaining wall in the back yard of the property in order to extend the existing residence. Concern is for the potential to directly impact sensitive species within the area of fill and indirect impact to species in adjacent native habitat. Michael Misenhelter of TOA, Inc. conducted a survey of the site on February 10`h, 2004 for the purpose of preparing this report. The visit was conducted between 11:30 am and 1:00 pm. The sky was mostly clear with a light breeze and temperatures in the low 70's. Site Description The proposed project site is a steep hillside behind an existing house leading down to the floor of Buck Gulley a seasonal streambed that drains down from the San Joaquin Hills into the Pacific Ocean. The site is located in the northwest corner of extrapolated Section 6, T7S, R9W San Bernardino Baseline and Meridian. The elevation on site varies from about 40 to 80 feet above mean sea level. The subject property includes a single residence with a small back yard restrained by an existing retaining wall, a steep hillside slope, and a portion of the streambed. The proposed retaining wall would be built about one-fourth to one half of the way up from the streambed. The impacted area would be the hill side and any adjacent areas disturbed by the construction of the wall and deposition of the fill. For purposes of this report it is assumed that the area of direct impact will be limited to the hillside and that the riparian vegetation at the base of the slope will not be touched. The hillside on the subject property is dominated vegetatively by two species of iceplant (Mesembryanthemum spp.) a non-native plant commonly used for groundcover (see map). However, a few native shrubs also exist in the impact area. Several lemonade berry (Rhus integrifolia) shrubs exist along the western site border and a California sagebrush (Artemisia . californica) was found on the eastern border. A bougainvillea and several tobacco trees (Nicotiana glauca) exist along the existing retaining wall. A few small yuccas (Yucca sp.) and a small agave (Agave sp.) (most likely volunteers originating in the residences above) were also found growing on the hill side. Other plants also found on the hillside during the site visit include horseweed (Conyza canadensis), a small prickly pear (Opuntia sp.), castor bean (Ricinis P.O. Box 1016 Flagstaff, AZ 86002 520.773.0127 FAX•773.0023 2829 S. State St. Hemet, CA 92543 909.766.4655 FAX9766.4658 11 0S.Church, Ste. 1260 Tucson, AZ 85701 520.623.2800 FAX•623.2900 C2G Architect • •!'homas Olsen Associates, Inc. Habitat Assessment communis), and giant wild ryegrass (Leymus condensatus). The streambed at the base of the hill is dominated by a moderately dense stand of arroyo willow (Salix lasiolepis) with a relatively undeveloped under story composed of scattered coyote brush (Baccharis pilularis), tobacco tree, and what appeared to be poison hemlock (Conium maculatum) (identity is based on a few dried remnants of plants from last year and some new sprouts). A shallow stream of water was flowing in the streambed at the time of the site visit. The adjacent properties are similar to the subject property with residences overlooking a steep hillside leading to the streambed below. Hillside vegetation on these two properties has less iceplant cover and is slightly more shrubby with a low scrubby groundcover on the property to the east and a little more lemonade berry to the west. Surface soils on the property as mapped by Wachtell (USDA 1978) are predominately Myford sandy loam: a soil typically found on the top and sides of terraces. Sometimes included with this soil are areas of Capistrano sandy loam, Chesterton loamy sand, Yorba gravelly sand, Yorba cobbly sand, and Cieneba sandy loam. As expected, the site was found to be dominated by sandy loamy soils. No rocky outcrops exist on the subject property. Literature Search A search of the California Department of Fish and Game (CDFG) Natural Diversity Data Base (CNDDB) and regional biological literature identified fifteen species listed as threatened or endangered by the CDFG and/or US Fish and Wildlife Service (Service) as occurring in the general vicinity of the project site. An additional twenty-nine sensitive (but not listed) species were also identified. The listed species assessed in this report are the San Diego fairy shrimp (Branchinecta sandiegonensis), western snowy plover (Charadrius alexandrinus nivosus), San Fernando Valley spineflower (Chorizanthe parryi var. fernandina), salt marsh bird's -beak (Cordylanthus maritimus maritimus), Laguna Beach dudleya (Dudleya stolonifera), southwestern willow flycatcher (Empidonax trailli extimus), tidewater goby (Eucyclogobius newberryi), California black rail (Laterallus jamaicensis coturniculus), Belding's savannah sparrow (Passerculus sandwichensis beldingi), Pacific pocket mouse (Perognathus longimembris pacificus), coastal California gnatcatcher (Polioptila californica californica), light-footed clapper rail (Rallus longirostrus levipes), California least turn (Sterna antillarum browni), crownbeard (Verbesina dissita), and least Bell's vireo (Vireo bellii pusillus). Sensitive species considered in this assessment are burrowing owl (Athene cunicularia), coastal cactus wren (Campylorhynchus brunneicapillus couesi), yellow warbler (Dendroica petechia brewsteri), many-stemed dudleya (Dudleya multicaulis), southwestern pond -turtle (Emys (Clemmys) marmorata pallida), and Yellow -breasted Chat (Icteria virens). Site Assessment The proposed impact area is a mostly disturbed hillside dominated by iceplant and a few native shrubs. The soil is predominately a sandy loam with no stone outcrops. The density and nearness of residences in this portion of Buck Gully decreases the quality of any habitat present. A riparian scrub woodland exists below the impact area. Despite the presence of chaparral (lemonade berry) and coastal sage scrub (California sagebrush) elements on the property, no 25-1523 February 18, 2004 2 C2G Architect • Habitat Assessment *Thomas Olsen Associates, Inc. sensitive habitat types or vegetative communities exist in the impact area due to the isolated/fragmented state of the vegetation. The riparian scrub woodland below does qualify as a sensitive community and impacts to this vegetation are regulated mainly due to the potential for listed species (vireo) and the presence of the streambed itself (Army Corps of Engineers and CDFG). The probability of occurrence of any of the listed and sensitive species above in the area of direct impact is believed to be low due to the absence of appropriate habitat or the poor quality of the habitat present. Conclusion The proposed installation of a retaining wall and subsequent fill is not expected to directly impact listed or sensitive species unless the riparian scrub woodland at the bottom of the gully is directly impacted (for example: clearing of trees for access to the construction site or clearing of trees during foundation preparation for the wall). This riparian habitat is potential breeding habitat for the least Bell's vireo, yellow warbler, and yellow -breasted chat. The quality of this riparian habitat is not great but there is a moderate probability that it could be used by these species. The streambed is jurisdictional to the Army Corps of Engineers and CDFG and they should be notified if direct impacts to the streambed (an area showing bed and bank or a normal high water mark) were planned. The project is not expected to impact animal movement up and down the gully. Please contact me if you have any questions regarding this report. Sincerely r- J4"4u i Michael Misenhelter TOA, Inc. biologist cc: TOA client file #24-1523 attachment: map/photo 24-1523 February 18, 2004 3 1 I, Existing backyard and retainingwall. - Cf Hillside dominated by iceplant. rT '' Property Bounda Willow Scrub Woodland ' e Y •'• 7r r ♦.iE Vr M f. •1 Q California sagebrush 30 0 30 60 Feet Q Lemonade Berry 1:550 N Approximate Toe of Slope E This arerial photo taken March 2001 shows existing conditions on site. Aerial Photo Source: City of Newport Beach AA _.'.1i.f,♦ This composite photo shows the project area as seen from the willow woodland below. The building at the top of the photo is the structure east of the property. The white wall is a portion of the existing retaining wall on site and is partly obscured by bougainvillea. The large green shrub below the wall is one of the lemonade berry shrubs on site and is surrounded by iceplant. Iceplant on the right side is not as green as that on the left side. • 1_ 801 Glenneyre St. • Suite F • Laguna Beach • CA 92651 (949) 494-2122 • FAX (949) 497-0270 March 24, 2004 Lorain House c/o C2G Architecture Design Construction 14931A Califa Street Van Nuys, California 91411 Attention: Mr. Michael Chait Project No: 71464-00 Report No: 04-5300r Subject: Geotechnical Review of Conceptual Grading Plan Proposed Single Family Residence 352 Hazel Drive Corona del Mar, California Reference: Geofinm, 2003, "Preliminary Geotechnical Investigation for New Single Family Residence, 352 Hazel Drive, Corona del Mar, California", dated November 3, Project No: 71396-00, Report No: 03-5227. Gentlemen: Based on our review of the "Site/Roof Plan", Sheet Al, dated 2/18/04 and an architectural cross- section by C2G Architecture Design Construction, the proposed residence design is consistent with that investigated in the referenced report. The proposed over -slope grading to extend the backyard area of the property with a retaining wall or reinforced earth -wall is feasible. We anticipate remedial grading and structural improvements will be installed to improve the overall performance of the slope to proper engineering standards. The proposed design should not adversely impact adjoining properties throughout or after construction. The recommendations provided in the referenced report for grading will require updating to accommodate the specific wall design ultimately proposed. If you have any questions, please contact this office. Respectfully submitted, GEOFIRM InKK n A. rig gineering Geologist E.G 1619 Registration Expires 12-31-04 KAT:HHR:Ilt Distribution Addressee (5) RpFESS/ON„ "H. Her, P. Geotechnical Enginee E. 7V9• 717 Registration Expires 3 04Exp• 3/31/9 Date Signed: 9�OF CA -* �> Southern California jk ,. .� a �4 ` I r . �• San Dien lee - Pelar Hear FYhihit r r,riir��+rr-e�'l��r�etrS' f T+�tr�,e ��f.9lttY. �. r k, �� 1 0 1998 KEYSTONE RETAINING WALL SYSTEMS, INC. • 4444 West 78th Street, Minneapolis, MN 55435 • Printed in the US (800) 747-8971 • (612) 897-1040 • fax (612) 897-3858 internet: www.keystonewalls.com • e-mail: keystone@keystonewalls.com M9805 • 15 year limited warranty: Call or write for information • Patented • ICBO #4599 r.% ti�rY. L •* • f e r^ lip. - (t+ ; r �~ � .� ; `. � ' l+ M Exhibit A • G.P.A. /Amendment Application 352 Hazel Drive Corona Del Mar, CA Project Description The project includes extending a level yard into the rear yard of an existing single-family residence. The yard area is approximately 2,000 SF, completely landscaped with a small portion of paving. The yard extension begins at the 85' contour line and extends approximately 28 ft. to approximately the 65' contour line. The yard area side -setback from the southwest property line varies from 6 to 12 ft.; and 6 to 18 ft. from the northeast property line. The yard area will be surrounded by a retaining wall system. The system will include rough stone -faced interlocked blocks, arranged as a canted wall, with intermediate planter -areas. Pane 1 of 1 Exhibit "B" G.P.A. I Amendment Application 352 Hazel Drive Corona Del Mar, CA Legal Description Parcels 1 and two of Parcel Map No. 95-178, as shown on a map filed in Book 294, Pages 29 and 30 of Parcel maps, in the Office of the County Recorder of Orange County, California. Commonly known as 352 and 352 % Hazel Street, Corona Del Mar, California 92625 Page 1 of 1 Exhibit C 46 G.P.A. /Amendment Application 352 Hazel Drive Corona Del Mar, CA B. Project Description and Justification The project includes extending a level yard into the rear yard of an existing single-family residence. The yard area is approximately 2,000 SF, completely landscaped with a small portion of paving. The yard extension begins at the 85' contour line and extends approximately 28 ft. to approximately the 65' contour line. The yard area side -setback from the southwest property line varies from 6 to 12 ft.; and 6 to 18 ft. from the northeast property line. The yard area will be surrounded by a retaining wall system. The system will include rough stone -faced interlocked blocks, arranged as a canted wall, with intermediate planter areas. The subject property is developed with a single-family dwelling, a gazebo structure, patio improvements, a small back yard restrained by an existing retaining wall, and a hillside slope down to Buck Gully. Buck Gully is a seasonal streambed that drains down from the San Joaquin Hills into the Pacific Ocean. A non-native groundcover plant dominates the hillside, with a few native shrubs. The streambed area at the base of the slope is dominated by a moderately dense stand of arroyo willow trees, with a relatively undeveloped growth of scattered coyote brush, tobacco tree, and suspected poison hemlock. General Plan Restriction and Discussion The property resulted from a subdivision in 1994 (Resubdivision No. 1002). Three new parcels of land were formed as a result of the subdivision: Parcels 1, 2 & 3. Approval of the Resubdivision No. 1002 resulted in a General Plan restriction which prohibits construction below the 85 ft. contour line on the three new parcels, including 352 Hazel Drive. Generally, the justification to allow the proposed landform alteration below the 85 ft. contour at 352 Hazel Drive is found (1) in the staff report to the planning commission regarding Resubdivision No. 1002, and (2) and the physical nature of the site. Specifically, the proposed landform alteration would occur in the hillside area between 71.16 MSL (approx. 85' contour line) and 51.16 MSL (approx. 65' contour line). The impacted area would be limited to the hillside of the subject property beyond a 25 ft. buffer zone boundary from Buck Gully, established by Resubdivision No. 1002. The specific issue presented in this application is landform alteration of the subject property below the 85 ft. contour as set by Resubdivision No. 1002. Furthermore, the General Plan prohibits all construction, including landform alteration, within 25 feet of Page 1 of 3 ' • Exhibit C • G.P.A. / Amendment - Application 352 Hazel Drive Corona Del Mar, CA Buck Gully; and the staff determined that the portion of the property below the 60 ft. contour interval is within the streambed as defined by the Department of Fish and Game (DFG), and therefore requires a °Streambed Alteration Agreement." Regarding the latter restrictions ... the proposed project is located above and away from the 25 ft. buffer zone; and no construction or landform alteration is proposed below the 60 ft. contour. These restrictions would therefore not be applicable in considering this application. Regarding Resubdivision No. 1002... staff recommendation establishing the 85 foot contour line restriction was generally based on two concerns: (1) meeting one criteria for Categorical Exemption for Minor Land Subdivisions; and (2) alignment with the "rear portion of the residence located at 336 Hazel Drive, southerly and immediately adjacent to the subject property." The criteria under consideration required the parcel not to have an average slope greater than 20 percent. The staff determined that the average slope was 30 percent. However, staff further determined that the "intent" of the Categorical Exemption would be satisfied if the subdivision were conditioned to prohibit construction below the 85 ft. contour. Staff also noted that the contour is approximately 10-15 feet below an existing curved retaining wall, and coincidentally in alignment with the rear portion of the residence located at 336 Hazel Drive. Regarding the slope determination ... taken as a whole, the slope, lot width and lot depth of the pre -subdivided property varied greatly. At the southern most property line, the average slope exceeds 45%, with a lot depth of approximately 140 feet. At the northern most property line, the average slope is approximately 24%, with a lot depth of 270 feet. When the staff uniformly applied the 85 ft. limit to the overall property, the average slope of the portion of the property subject to development actually exceeds 20%, except on the portion that is 352 Hazel Drive. With the 85 ft. contour limitation, the actual average slope is only 15% for 352 Hazel Drive. The other two lots created by the subdivision have average slopes of 23% and 34%, exceeding the criteria used to establish the subdivision. If the intent of the staff recommendation was to limit the average slope to 200/0, then the 85 ft. contour should not have been applied to that portion of the property that is 352 Hazel Drive. A lower contour line would have been more appropriate to be consistent with the staffs' findings and recommendations. Given that the current limitation results in a 15% average slope, extending a level rear yard to approximately the 65 ft. contour, as proposed, would achieve the maximum 20% average slope for that lot in the portion subject to development. Page 2 of 3 Exhibit C G.P.A. /Amendment Application 352 Hazel Drive Corona Del Mar, CA Regarding the alignment with the rear portion of the house located at 336 Hazel Drive ... the staffs finding in Resubdivision No. 1002 suggests a random determination of the 85 ft. contour limitation based on alignment with the rear portion of an existing residence located south of the pre -subdivided lot. Again, because the slope and lot depth of the pre -subdivided property varied greatly, the 85 ft. contour appears to be only relevant for the shorter steeper portions of the property, predominantly located at the south of 352 Hazel Drive. The lot depth of the property at 336 Hazel Drive is less than 140 feet. The lot depth of 352 Hazel Drive is 270 feet, and the properties are over 100 feet apart. Summary 1. The proposed landform alteration would result in a maximum average slope of 20%, therefore meeting the staff recommendation in Resubdivision No. 1002. 2. The proposed landform alteration would be located outside of the 25 ft. buffer zone adjacent to Buck Gully, meeting the General Plan requirement and recommendation of Resubdivision No. 1002. 3. The proposed landform alteration would be located outside of the streambed area as defined by the Department of Fish & Game, therefore meeting the staff recommendation in Resubdivision No. 1002. 4. According to a geotechnical assessment of the property, the design and engineering of the proposed landform alteration would not adversely impact adjoining properties. 5. According to a biological assessment of the property, the probability for listed and sensitive plant or animal species in the location of the proposed landform alteration is low due to the absence of appropriate habitat, or the poor quality of the habitat present. Also, the proposed project will not impact the scrub woodland in the gully area, or impact animal movement up and down the gully. Michael Chait C2G Architects Attachments: Planning Department staff report to the Planning Commission regarding Resubdivision No. 1002, dated January 20, 1994; Plot Plan, showing Parcels 1, 2 & 3, included with staff report. Page 3 of 3 �Mo-PI 801 Glenneyre St. • Suite F . Laguna Beach . CA 92651 (949) 494-2122 • FAX (949) 497-0270 March 24, 2004 Lorain House c/o C2G Architecture Design Construction 14931A Califa Street Van Nuys, California 91411 Attention: Mr. Michael Chait Project No: 71464-00 Report No: 04-5300r Subject: Geotechnical Review of Conceptual Grading Plan Proposed Single Family Residence 352 Hazel Drive Corona del Mar, California Reference: Geofirm, 2003, "Preliminary Geotechnical Investigation for New Single Family Residence, 352 Hazel Drive, Corona del Mar, California", dated November 3, Project No: 71396-00, Report No: 03-5227. Gentlemen: Based on our review of the "Site/Roof Plan", Sheet A1, dated 2/18/04 and an architectural cross- section by C2G Architecture Design Construction, the proposed residence design is consistent with that investigated in the referenced report. The proposed over -slope grading to extend the backyard area of the property with a retaining wall or reinforced earth -wall is feasible. We anticipate remedial grading and structural improvements will be installed to improve the overall performance of the slope to proper engineering standards. The proposed_design.should .not - adversely-impact,adjoining,properties throughout,or,after- constructionrThe recommendations provided in the referenced report for grading will require updating to accommodate the.specific :Wall -design ultimately_ proposed. If you have any questions, please contact this office. Respectfully submitted, GEOFIRM InK n A. rig ggineering Geologist E.G 1619 Registration Expires 12-31-04 KAT:HHR:Ilt Distribution Addressee (5) Registration Expires Date Signed: __? /p n �J • OORrmgr " 801 Glenneyre St. • Suite F . Laguna Beach • CA 92651 (949) 494-2122 . FAX (949) 497-0270 IFNI De a 6ropp4n. c on . November 5, 2003 Mr. and Ms. Catanzarite c/o Brion Jeannette Architecture 470 Old Newport Boulevard Newport Beach, California 92663 Subject: Preliminary Geotechnical Investigation For New Single Family Residence 352 Hazel Drive Corona del Mar, California INTRODUCTION 2331 WEST LINC� O� Project No: 71396-00 Report No: 03-5227 This report presents results and recommendations of a preliminary investigation undertaken to relate onsite and certain regional geotechnical conditions to the proposed design and construction of a new single-family residence. Field investigation and analysis for this report are based upon the proposed development depicted on conceptual architectural drawings prepared by Brion Jeannette Architecture and the Topographic Survey by Duca-McCoy, Inc. The conclusions and recommendations of this report are preliminary due to the absence of specific foundation plans, the formulation of which is partially dependent upon recommendations herein. Scope of Investigation 1. Review of pertinent geotechnical literature, including certain regional and site specific reports and maps, and interpretation of aerial photographs. 2. Reconnaissance of the property and surrounding areas. 3. Excavation and logging of two exploratory small diameter borings to determine the character and distribution of earth materials and to obtain bulk and relatively undisturbed soil samples for laboratory testing. 4. Laboratory testing of samples to determine in place moisture and density, expansion index, maximum density and optimum moisture, Atterberg limits, soluble sulfates and resistivity characteristics of representative materials. 5. Preparation of two topographic -geologic cross sections relating site conditions to proposed development and depicting certain geotechnical recommendations for site development. +CEIVED • - NOV 12 ���13 • 0261• INC. I November 5, 2003 Project No 71396=00 - Report No. 03-5227 IPage No. 2 _ 6. Slope stability analysis of the property. ' 7. Geotechnical analysis of subsurface conditions as related to foundation design and construction recommendations. 8. Preparation of this report and illustrations. Accompanying Illustrations and Appendices Figure 1 - CGS Seismic Hazards Location Map Figure 2 - CGS Geologic Map Figure 3 - Typical Subdrain Detail Appendix A - References and Aerial Photographs Appendix B - Boring Logs Appendix C - Field Exploration and Laboratory Testing Appendix D - Slope Stability Analysis Appendix E - Standard Grading Specifications Appendix F - Utility Trench Backfill Guidelines Plate 1 - Geotechnical Plot Plan Plate 2 - Cross Sections A -A' and B-B' Site Description The irregularly —shaped, approximately %2 -acre canyon side property fronts 50± feet on Hazel Drive and extends south -southeasterly 225 to 250± feet to the rear property boundary located within the lower portions of Buck Gully. The lot consists of three topographic elements: a narrow terrace surface located adjacent to Hazel Drive, a gradual canyon side slope, and a portion of the relatively flat bottom of Buck Gully. The upper canyon side slope has been modified by a retaining wall built in conjunction with existing development of the site. The overall slope ratio is near 1.4:1 (horizontal:vertical). Maximum relief across the property is 65+ feet. The site is currently developed with a circa 1950's two -level apartment -house constructed on the terrace surface with gazebo and patio improvements on upper canyon side slope. The adjacent (- property to the east is developed with a retirement home and the property to the west by a newer single-family residence constructed into the canyon slope, with associated improvements constructed toward the canyon at the rear of the property. Proposed Development November 5, 2003 Project No: 71396-00 Report No. 03-5227 Page No. 3 l front portions of the site. Exterior improvements are 1 terrace to the rear of the house and extensive hardscapi a swimn and front. The foundation system for the residence is likely to utilize a combination of conventional footings, caissons, and retaining walls in conjunction with a caisson shoring system to a maximum height of 37+ feet (refer to Plate 2). Improvements at the rear of the house are anticipated to utilize conventional footings and caissons near top of slope. GEOTECHNICAL CONDITIONS Geologic Setting The property is situated near the seaward boundary of a regionally extensive marine terrace which lies at the westerly coastal margin of the San Joaquin Hills. The marine terrace was developed as a wave cut bench and is underlain by bedrock strata which has been uplifted in the geologic past by tectonic forces acting on this region of Southern California. During and subsequent to tectonic uplift from the ancient sea level, marine and non marine terrace deposits were deposited and subsequently eroded above this wave cut bench. Buck Gully was deeply cut by fluvial erosion into the terrace surface during the Pleistocene and subsequently partially infilled with alluvial sediments as the sea level has risen to its present stage. Subaerial erosion of this terrace surface and canyon during recent geologic time has created the present terrace surface, canyon side slope and canyon bottom which forms the property and immediate vicinity. Earth Materials The site is underlain at depth by bedrock strata assigned on the basis of regional geologic mapping (CGS, 2003) to the Monterey Formation. The bedrock is overlain along the front of the property by terrace deposits and along the rear of the property by alluvial deposits and colluvium produced by erosion of the upper canyon slope. Uncertified fill occurs locally. Based upon exposures in excavations across Buck Gully, the bedrock strata consists primarily of light gray to light -gray -brown and orange -brown, thinly interbedded clayey siltstone, shale and fine-grained sandstone. The bedrock exhibits yellow to orange staining and is soft where weathered, but is otherwise gray and hard. Cemented concretionary and cherty layers are common and may have been encountered at refusal in the exploratory borings for this investigation. Non -Marine and Marine Terrace deposits underlie the level, front portions of the site adjacent to Hazel Drive. The non -marine terrace deposits consist of light to dark brown slightly silty very fine grained sands which are generally medium dense to dense. The marine terrace deposits consist of light yellow -brown fine grained sands with shell fragments which are generally dense. I' . 0 • November 5, 2003 Project No. 71396-00 Report No. 03-5227 Page No. 4 A lag deposit of gravel and thanatocenose rests upon the bedrock at the base of the terrace deposits. Alluvium overlies the bedrock along the canyon bottom at the rear of the lot and typically consists of loose to medium dense sand, silty and clayey sand and sandy to clayey silt. The alluvium is near 30+ feet thick along the narrow axis of the ancestral Buck Gully as observed in recent construction of the outlet structure adjacent to the beach (Geofirm, 1998). A deposit of colluvium overlies the bedrock along the canyon side slope and consists of mottled and mixed light yellow -brown silty fine-grained sand with siltstone fragments and gravel. Those materials are inferred to be the product of erosion of the bedrock and terrace deposits from the upper canyon slope and in -place weathering of the bedrock. The colluvium is moist and dense, and is in gradational contact with the underlying bedrock. Minor deposits of Fill consist of silty and clayey sand which was placed during previous construction. The fill is likely loose to medium dense and is generally unsuitable for support of structural improvements. The maximum fill thickness is anticipated to be 5+ feet behind the retaining wall. Bedrock materials commonly have a very high expansion potential and low soluble sulfate concentrations based upon previous laboratory testing. Terrace materials are non -expansive with negligible soluble sulfate contents based upon the current laboratory testing. Electrical resistivity tests indicate a moderate corrosivity potential for buried metal. Geolozic Structure Based upon data obtained from our observations and the review of previous reports by other consultants regarding adjacent and nearby properties, the bedrock strata is generally variably and tightly folded in the site vicinity (Earth Research Associates, Inc., 1982, 1986, 1987, Osborne and Associates, 1978, Geofirm, 2002). Most nearby bedrock exposures reveal strong soft - sediment deformation with folded and re -folded bedding, be -headed bedding, and beds which pinch and swell. Bedrock exposures in the seacliffs and shoreline nearby reveal tightly folded strata along northwesterly trending fold axes. Slone Stability The slope on site is backed by clayey siltstone bedrock strata. Interpretation of pre -development aerial photographs reveals no indications of existing instability witin this canyon slope along Buck Gully: The presence and compositional character of the colluvium suggests the former slope has experienced episodes of significant erosion, likely in the form of shallow soil failures which resulted in this relatively uniform profile and deposited these materials. No evidence of past deep-seated bedrock landsliding has been observed from this investigation, or by other November 5, 2003 Project No. 71396=00 Report No. 03-5227 Page No. 5 geotechnical consultants on adjacent and nearby properties (Earth Research Associates, Inc., 1982, 1986, 1987, Osborne and Associates, 1978, Geofirm, 2002). Future slope instability is considered unlikely. Stability analysis performed herein indicates failure of the slope is unlikely. Calculated factors -of -safety exceeded 1.5 and 1.1 for static and pseudostatic conditions, respectively (Refer to Appendix D). Groundwater Groundwater locally occurs at depth beneath rear portions of the site within the alluvium, colluvium deposits and bedrock within Buck Gully. No groundwater seepages were observed in the two exploratory excavations to the terrace -bedrock contact. Regionally, groundwater commonly occurs along the base of the terrace deposits where it is perches above the underlying bedrock. Groundwater is not anticipated to significantly affect the proposed construction. Subdrains and waterproofing should be included in retaining wall design and construction as a precaution against the development of hydrostatic wall loading and possible wall seepage. Surficial Runoff Drainage from the property is generally toward the rear of the lot. Proposed development should incorporate engineering and landscape drainage designed to minimize the potential of erosive . discharge or ponding of water adjacent to foundation elements. Rear portions of the property could be prone to episodic flooding of Buck Gully. Evaluation of the flood potential and risk assessment for improvements at the rear of the property is referred to the civil engineer. Seismic Considerations Published Studies One of the principals of seismic analyses and prediction is the premise that earthquakes are more likely to occur on geologically younger faults, and less likely to occur on older faults. For many years studies have described faults with Holocene movement (within the last 11,000 years) as "Active", and faults with documented Pleistocene movement (within the last 1.6 million years) and with undetermined Holocene movement as "Potentially Active". Informally, many studies have described faults documented to have no Holocene movement as "Inactive". Recent geologic and seismic publications are attempting to clarify the nomenclature describing faults to more accurately represent the potential affects from earthquakes. Reports by the California Division of Mines and Geology indicate faults with documented Holocene or Historic (within the last 200 years) movement should be considered Active. November 5, 2003 Project No. 71396-00 Report No. 03-5227 Page No. 6 However, Potentially Active faults are more appropriately characterized in terms of the last period of documented movement. The Fault Activity Map of California (Jennings, C.W.; 1994) defines four categories for onshore Potentially Active faults. The categories are associated with the time of the last displacement evidenced on a given fault and are summarized in Table 1. Table 1, Definitions of Fault Activity in California Activity Category Recency of Movement Active Historic Within the last 200 years Holocene Within the last 11,000 years Potentially Active Late Quaternary Within the last 700,000 years Quaternary Within the last 1.6 million years Late Cenozoic Possibly within the last 1.6 million years Pre -Quaternary Before the last 1.6 million years It is important to note these categories embrace all Pre -Holocene faults as Potentially Active, and provide no methodology to designate a given fault as "Inactive". Although the likelihood of an earthquake or movement to occur on a given fault significantly decreases with inactivity over geologic time, the potential for such events to occur on any fault cannot be eliminated within the current level of understanding. Local and Regional Faults The closest published active fault to the site is the offshore extension of the Newport -Inglewood Fault Zone, approximately 2.7 miles west-southwest, (Blake, T.F., 2000, CDMG/2000). Other active faults in the vicinity of the site include the Compton Thrust Fault approximately 13.3 miles north; the Palos Verdes Fault, approximately 14.4 miles to the northwest; the Coronado Bank Fault, approximately 22.7 miles southwest; the Elsinore -Glen Ivy Fault, approximately 22.4 miles to the east, and the San Andreas Fault, approximately 52.7 miles to the northeast. The offshore portion of the Newport -Inglewood Fault zone is indicated in published reports as being a Potentially Active and Quaternary fault, (Jennings, C.W.; 1994). This interpretation is not universally shared, as this portion of the Newport -Inglewood Fault is included as a potential seismic source in the computer programs utilized to model ground motions for this study, (Blake, T.F.; 2000). With the fault's location approximately 2.7 miles to the west, it is calculated as the most significant seismic source to affect this site. Given the present level of understanding of this offshore structure it is, in our opinion, appropriate to include this portion of the fault as a causative seismic feature. Recently, the California Geological Survey updated the Fault Parameters and Earthquake Catalog for the probabilistic Seismic Hazards Maps, (Cao, T., et.al., 2002). This update included the addition of the "San Joaquin Hills" blind thrust fault, theorized to exist from Newport Beach to Dana Point, and ramping up inland to the Irvine area, and essentially underlying the site. November 5, 2003 Project No. 71396-00 Report No. 03-5227 Page No. 7 Earthquakes of significant magnitude (M6.6) are presently postulated for this structure, which could be equivalent to or exceed those probable along the NISZ. Although seismological computer data files have yet to be revised to reflect this addition, calculations of probability provided from the CGS interactive website are closely consistent with those provided herein. Ground Motion Analyses The potential ground motions from earthquakes that could impact the sites were analyzed through probabilistic methods. The probabilistic method considers the regional seismic history and the slip rates of faults within a 100-mile radius of the subject site. Utilizing attenuation relationships (Bozorgnia, et al.; 1999, unconstrained/soft-rock), one can estimate the ground motion history of the site and attempt to predict the probability of future accelerations within a given period of time. The study indicates the greatest site acceleration from 1800 to 1999 was approximately 0.32g and occurred during a magnitude 6.3 Long Beach Earthquake 6.0 miles from the site on March 11, 1933. For the purposes of prediction, the peak accelerations with a 10 percent probability of exceedance in 50 years were determined to range from 0.38 to 0.40g. It is noted that the estimation of peak ground accelerations presented above is provided for the interest of the client and is required by local (City or County) review agencies. The values derived are not directly utilized in structural design of residential structures. Seismic parameters for use by the structural engineer in accordance with 2001 California Building Code in design of the proposed structure(s) are presented in the recommendations portion of this report. Secondary Seismic Hazards Review of the Seismic Hazards Zones Map (CDMG, 1998) for the Laguna Beach Quadrangle, Figure 1, indicates this lot is not located within a "zone of required investigation" for liquefaction, but is located in an investigation zone for earthquake induced landslides, refer to Appendix D. Other secondary seismic hazards can include deep rupture, shallow ground cracking, and settlement. With the absence of active faulting onsite, the potential for deep fault rupture is not present. The potential for shallow ground cracking to occur during an earthquake is a possibility at any site, but does not pose a significant hazard to site development. Given the site will be underlain by competent natural deposits, and bedrock, the potential for seismically induced settlement to occur is considered remote for the site. November 5, 2003 Project No. 71396-00 Report No. 03-5227 I Page No. 8 CONCLUSIONS Proposed development is considered feasible and safe from a geotechnical viewpoint provided the recommendations of this report are followed during design, construction and maintenance of the subject property. Proposed development should not adversely affect adjacent properties. 2. The property is underlain at depth by competent silicious siltstone bedrock strata of the Monterey Formation. The bedrock is overlain by marine and non -marine terrace deposits. Colluvium mantles the slope face and alluvium infills the canyon bottom in Buck Gully. 3. The onsite soils have a very low expansion potential based upon observation and laboratory testing, and negligible soluble sulfate concentrations. However, bedrock materials tested nearby are very highly expansive. Electrical resistivity results indicate a "moderate" potential for corrosion of buried metal. 4. No active faults are known to transect the site and, therefore the site is not expected to be adversely affected by surface rupturing. It will, however, be affected by ground motions from earthquakes during the design life of the residence. The potential for seismically induced liquefaction affecting the site is considered nil. Seismically induced landsliding will not adversely affect the site with implementation of appropriate foundation design as recommended herein. 5. Groundwater is not anticipated to affect the proposed construction provided proper waterproofing and subdrain construction behind retaining walls. 6. Adverse surface discharge onto or off the site is not anticipated provided proper engineering design and post -construction site grading are implemented. 7. The bedrock materials backing the slope are anticipated to remain grossly stable. The colluvium along the slope face is considered potentially unstable. A deepened foundation system along the rear perimeter of the proposed residence which is designed to isolate proposed improvements from potential instability of the slope is recommended herein. The exterior deck/pool should also be supported on a deepened foundation. 8. Terrace deposits, fill, and colluvium exposed during excavation for construction are prone to caving and use of shoring which includes lagging between shoring elements should be anticipated. Caisson excavations may require casing within the terrace deposits, fill and colluvium. November 5, 2003 Project No. 71396-00 -- Report No. 03-5227 Page No. 9 9. The proposed residence may be supported by caissons utilizing the minimum embedment and slope setback recommendations provided herein. RECOMMENDATIONS Site Preparation and Grading General All grading of the site should be performed in accordance with the Standard Grading Specifications of Appendix E. All excavations should be supervised and approved in writing by a representative of this firm. Grading will include excavation and export of terrace deposits, colluvium, and bedrock materials to construct the house pad. Excavations in terrace deposits, fill or colluvium should be laid back to 1:1 (horizontal:vertical). Shoring is required where space limitations preclude slope layback and should be anticipated for high retaining walls constructed for the residence. Shoring should anticipate lagging between shoring elements where terrace deposits, fill, colluvium and locally fractured bedrock will be exposed. 2. Removal of Existing Improvements All deleterious materials, including demolition debris and concrete rubble, organic materials, and trash, should be removed and disposed of offsite. 3. Compaction Standard All onsite soils are anticipated to be suitable for use as compacted fill. All materials should be placed at 140 percent of optimum moisture content and compacted under the supervision of the soil engineer. The recommended minimum density for compacted material is 90 percent of the maximum density as determined by ASTM D 1557. Structural Design of Footings and Caissons 1. General It is anticipated that foundation elements for the residence will bear entirely in bedrock and will utilize caissons. Due to possible instability of the colluvium mantling the slope face which could affect proposed improvements, the rear foundation of the residence and exterior improvements in slope areas should be integrated with a caisson foundation system embedded into competent bedrock below the zone of potential colluvium instability as defined by the structural setback plane (refer to Plate 2). Certain site walls November 5, 2003 Project No. 71396-00 Report No. 03-5227 Page No. 10 and hardscape improvements along the front of the lot in the driveway area may utilize conventional foundations in terrace deposits or compacted fill. Onsite soils exhibit a very low to medium expansion potential. However, bedrock. materials are anticipated to have a very high expansion potential. The following recommendations are based on the geotechnical data available and are subject to revision based on conditions actually encountered in the field. We recommend that the foundation and slabs be designed to resist the effects of expansive soils in accordance with Section 1815 of the 2001 California Building Code, utilizing an effective plasticity index of 45. Foundations and slabs should be designed for the intended use and loading by the Structural Engineer. The design should consider the expansion potential of the subgrade soils and other appropriate soil related criteria. Our recommendations are considered to be generally consistent with the standards of practice. They are based on both analytical methods and empirical methods derived from experience with similar geotechnical conditions. These recommendations are considered the minimum necessary for the likely soil conditions and are not intended to supersede the design of the Structural Engineer or criteria of governing agencies. Although there is no known economical method of totally preventing movement due to expansive soils, current state -of -the -practice in the Southern California area dictates substantial reinforcement, slab thickening, moisture barriers, and pre-soaking of subgrade soils as methods of minimizing the effects of expansive soils. Reasonable mitigation of expansive soil effects is considered feasible from a geotechnical viewpoint utilizing such methods, although it is noted that some future distress cannot be precluded when building on expansive soils. a. Bearing Capacity for Conventional Foundations The allowable bearing capacity for conventional spread footings having a minimum width of 15 inches and founded a minimum of 24 inches below the lowest adjacent grade in competent terrace deposits/compacted fill or bedrock should not exceed 1500 pounds per square foot and 2000 pounds per square foot, respectively, in accordance with Table 18-I-A of the 2001 California Building Code. These values may be increased 20 percent for each additional foot of width or depth to a maximum of 4500 pounds per square foot for terrace deposits/compacted fill and 6000 pounds per square foot for bedrock. The values may also be increased one-third for short-term wind or seismic loading. Settlement in bedrock should be nil, while settlement in terrace deposits/ compacted fill is anticipated to be less than % inch total and %: inch differential. November 5, 2003 Project No. 71396-00 Report No. 03-5227 Page No. 11 b. Lateral Resistance Lateral loads may be resisted by passive pressure forces developed in front of footings and by friction acting at the base of footings. Allowable lateral resistance should not exceed 150 pounds per cubic foot for terrace deposits/compacted fill and 400 pounds per cubic foot for bedrock. Resistance to sliding can be calculated using a coefficient of friction of 0.25 in terrace deposits/compacted fill and 0.35 in bedrock. c. Footing Reinforcement Two No. 4 bars should be placed at the top and bottom of continuous footings in order to resist potential movement due to subsurface imperfections and seismic shaking. 2. Caissons Caissons should be designed for a minimum of 10 feet embedment into bedrock. Caissons may be designed for a dead plus live load end bearing value of 12,000 pounds per square foot, and a skin friction value of 500 pounds per square foot within the bedrock. Where applicable, caissons should be designed to resist potential lateral pressure loading of 65 pounds per cubic foot within the colluvium deposits above the bedrock. Passive resistance may be taken only within the bedrock below the colluvium. Lateral resistance may be calculated utilizing 800 pounds per cubic foot within the bedrock acting on a tributory area of twice the caisson diameter. An allowable friction coefficient of 0.35 may be utilized. Caisson design values are based upon the very high blow counts encountered in the exploratory borings. 3. Slope Setback All footings and caissons should be setback a minimum of 5 feet and 10 feet, respectively, from the structural setback plane as depicted on Plate 2. Shoring Shoring should be designed for all areas where slope layback is unfeasible and should be anticipated for nearly all into slope construction. Shoring may utilize retaining wall design recommendations presented herein. Lateral passive resistance for caissons may be based on 150 and 800 pounds per cubic foot equivalent fluid pressure for marine terrace deposits and bedrock, respectively, acting on a tributary area of twice the caisson diameter. Caissons embedded a minimum of 10 feet into bedrock may utilize an allowable bearing value of 12,000 pounds per square foot. November 5, 2003. Project No: 71396-00 Report No. 03-5227 Page No. 12 Structural Design of Retainine Walls 1. Lateral Loads Active pressure forces acting on level backfilled retaining walls which support onsite or imported granular, non -cohesive material may be computed based on an equivalent fluid pressure of 35 pounds per cubic foot. Walls retaining 1.5:1 (horizontal:vertical) ascending slopes should be designed using an equivalent fluid pressure of 65 pounds per cubic foot. Other topographic and structural surcharges should be addressed by the structural engineer. Restrained walls should be designed for a 50 percent greater active pressure loading. Limited wall deformations normally occur and should be considered in design of finished surfaces. 2. Subdrains The drainage scheme depicted on Figure 2 or an approved alternative should be used to achieve control of seepage forces behind retaining walls. Retaining walls incorporating shoring and shotcrete will likely utilize miradrain panels placed against the lagging. The details of such subdrain systems are referred to the wall designer, builder or waterproofing consultant. The subdrain is not a substitute for waterproofing. 3. Waterproofing A waterproofing consultant should be retained to provide appropriate recommendations to assure acceptable performance of subgrade construction. Slab -On -Grade Construction Residential floor slabs should be designed in accordance with Section 1815 of the California Building Code. All conventional slabs should be at least 5 inches thick (actual). Slab reinforcement as a minimum should consist of No. 4 bars placed 12 inches on center in both directions at the center of the slab. Slabs should be underlain by 4 inches of sand. In moisture sensitive areas, slabs should also be underlain by a 10 to 15-mil thick vapor retarder/barrier in accordance with the requirements of ASTM E:1745 and E:1643. Slab subgrade soils should be pre -saturated to 140 percent of optimum moisture to a depth of 18 inches below grade as verified by the soils engineer. All subgrade materials should be geotechnically approved prior to placing slab forms, steel, or visqueen. Possible structural slabs or decks for near and over slope construction should be designed by the structural engineer. November 5, 2003 Project No. 71396-00 Report No. 03-5227 ( Page No. 13 I Hardscapina Design of certain hardscaping elements such as walls and patio slabs should conform to the design recommendations presented above. Planters in the vicinity of footings should be sealed and drained. ' The proposed exterior improvements along the sides and rear of the house, including the rear deck and pool should be supported by a caisson and grade beam system. Concrete Laboratory test results indicate on -site soils have a negligible soluble sulfate content. It is recommended that a concrete expert be retained to design an appropriate concrete mix to address soil soluble sulfate content, the near marine environment, and water vapor transmission as well as the structural requirements. In lieu of retaining a concrete expert, it is conservatively recommended that the 2001 California Building Code, Table 19-A-4 be utilized, which permits Type II cement. Seismic Structural Desisn Based on the geotechnical data presented above and the location of the site on the Active Fault Near Sources Zones Map N-34 (ICBO, 1998), the following seismic parameters for the 2001 CBC are recommended: 1-able 2, UBU Seismic Design Parameters Table Design Parameters 16-I Zone Factor Z = 0.40 16-J Soil Profile Type: SC 16-Q Seismic Coefficient Ca = 0.48 16-R Seismic Coefficient Cv = 0.81 16-S* Near Source Factor Na = 1.2 16-T* Near Source Factor Nv =1.4 16-U Seismic Source Type: B *Closest distance to seismic source = 3.1 km Finished Grade and Surface Drainaze All finished grades should assure that no ponding of water occurs in the vicinity of footings and that discharge from the site is appropriately conducted offsite in a non -erosive manner. Colluvium exposed on the slope face is highly erodible and any surface water discharge over the slope face should be directed to the bottom of the gully. November 5, 2003 Project No: 71396-00 Report No. 03-5227 Page No. 14 Utility Trench Backfill Utility trench backfill should be placed in accordance with Appendix F, Utility Trench Backfill Guidelines. It is the owners and contractors responsibility to inform subcontractors of these requirements, and to notify Geofirm when backfill placement is to begin. This requirement is rigorously enforced by the City of Newport Beach. Foundation Plan Review In order to help assure conformance with recommendations of this report and as a condition of the use of this report, the undersigned should review final foundation plans and specifications prior to submission of such to the -building official for issuance of permits. Such review is to be performed only for the limited purpose of checking for conformance with the design concept and the information provided herein. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. Geofirm's review shall be conducted with reasonable promptness while allowing sufficient time in our judgment to permit adequate review. Review of a specific item shall not indicate that Geofirm has reviewed the entire system of which the item is a component. Geofirm shall not be responsible for any deviation from the Construction Documents not brought to our attention in writing by the Contractor. Geofirm shall not be required to review partial submissions or those for which submissions of correlated items have not been received. Observation and Testing As a condition of the use of this report, it is required that geotechnical construction observation will be conducted by Geofirm to verify proper removal of unsuitable materials, that foundation excavations are clean and founded in competent material, to test for proper moisture content and proper moisture content and proper degree of compaction of fill, to test and observe placement of wall and trench backfill materials, and to confirm design assumptions. A Geofirm representative shall visit the site at intervals appropriate to the stage of construction, as notified by the Contractor, in order to observe the progress and quality of the work completed by the Contractor. Such visits and observation are not intended to be an exhaustive check or a detailed inspection of the Contractor's work but rather are to allow Geofirm, as an experienced professional, to become generally familiar with the work in progress and to determine, in general, if the work is proceeding in accordance with the recommendations of this report. Geofirm shall not supervise, direct, or have control over the Contractor's work nor have any responsibility for the construction means, methods, techniques, sequences, or procedures selected November'5, 2003 Project'No. 71396-00 Report No. 03-5227 Page No. 15 by the Contractor nor the Contractor's safety precautions or programs in connection with the work. These rights and responsibilities are solely those of the Contractor. Geofirm shall not be responsible for any acts or omission of the Contractor, subcontractor, any entity performing any portion of the work, or any agents or employees of any of them. Geofirm does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its work in accordance with the Contractor documents or any applicable law, codes, rules or regulations. These observations are beyond the scope of this investigation and budget and are conducted on a time and material basis. The responsibility for timely notification of the start of construction and ongoing geotechnically involved phases of construction is that of the owner and his contractor. Typically, at least 24 hours notice is required. Jobsite Safety Neither the professional activities of Geofirm, nor the presence of Geofirm's employees and subconsultants at a construction/project site, shall relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordination the work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. Geofirm and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. The General Contractor shall be solely responsible for jobsite safety. Pre -Grade Meetine A pre -grade meeting should be held with representatives of the owner, contractor, architect, civil engineer, geotechnical engineer, engineering geologist, and building official prior to grading and/or construction to clarify any questions relating to the incorporation of geotechnical recommendations into grading construction and work sequence. November 5, 2003 Project No. 71396-00 Report No. 03-5227 Page No. 16 LIMITATIONS This investigation has been conducted in accordance with generally accepted practice in the engineering geologic and soils engineering field. No further warranty is offered or implied. Conclusions and recommendations presented are based on subsurface conditions encountered and are not meant to imply a control of nature. As site geotechnical conditions may alter with time, the recommendations presented herein are considered valid for a time period of one year from the report date. The recommendations are also specific to .the current proposed development. Changes in proposed land use or development may require supplemental investigation or recommendations. Also, independent use of this report in any form cannot be approved unless specific written verification of the applicability of the recommendations is obtained from this firm. Thank you for this opportunity to be of service. If you have any questions, please contact this office. Respectfully submitted, GEOFIRM in A. Trigg, 61 Engineering Geologist Registration Expires 12-31-04 KAT/HHR:Ilt Distribution: (5) to Addressee Q�pEESSIpNq _CO ?, cc No. 717 _ cc Exp.3/31/04 �It Hannes H. Richter, P.E. �lCcpTECHN�GP�aP Geotechnical Engineer,-G.E. 7 4 OF CA��EOQ� Registration Expires 3-31-04 Date signed /// 6 /p3 F4 a MAP EXPLANATION Zones of Required Investigation: Uquefacdon Areas where hbuirkocomeniceaffiquel c111 6orkiodgeohigkaL ombm. geatechnkalarhdgroundwater condidonstncOcuespotmUfor p In =,d =SrdkeW=1=adefined P:=&dL, EardquaWnduced landslides Amu where prelloin oemarerice of WndsNde nwernent at bod topogm0ftgecbgkeI,g krodkete a potendid for permanent ground such durt lid -5cx"i 2MUC) "W-0 - w deffiled bt PuUIL. PA"� C"L be= 0.?02 -del RF A 'Afch Rum. 'A V 4j A. A mCatanzatite Propeirty... �,,mciTcpn Pot N 352 Hazei,Drlve; - I, Corona del Mar., CGS Seismic Hazards Location Map, Laguna Beach Quadrangle JOB NO.: FIGURE: 71396-00 November 2003 40 • ry,�. ,_, r w•, '.w Typical ; 6elect]�lohcbtiesive: Retaining Geotextile Filter Fabric � • •' •' Wall Gtalili[erCitf1H: H 112 H Limit of Wall Excavation Geotextile Filter Fabric or' 8" Lap Single -sized 1/2"- 3/4" Drain Rock 4" Perforated Plastic Collector Pipe, (Below Slab Elevation) Notes: This system consists of a geotextile fabric -wrapped gravel envelope. Collection is with a fl- inch diameter perforated plastic pipe embedded in the gravel envelope and tied to a 44nch diameter non -perforated plastic pipe which discharges at convenient locations. The outlet pipe should be placed such that the flow gradient is not less than 2.0 percent. The geotextile fabric -wrapped gravel envelope should be placed at a similar gradient All drain pipes should be Schedule 40 PVC or ABS SDR-35. Perforations may be either bored 1/4- inch diameter holes or 3/164nch slots placed on the bottom one-third of the pipe perimeter. If the pipe is to be bored, a minimum of 10 holes should be uniformly placed per foot of length. If slots are made, they should not exceed 2-1/2 inches in length and should not be closer than 2 inches. Total length of slots should not be less than 50 percent of the pipe length and should be uniformly spaced. The fabric pore spaces should not exceed equivalent 30 mesh openings or be less than equivalent 100 mesh openings. The fabric should be placed such that a minimum lap of 84nches exists at all splices. Typical Retaining Wall Subdrain Detail "NO: DATE: FIGURE-- 71396-00 1 November 2003 1 3 APPENDIX A REFERENCES REFERENCES 1. Blake, T.F., 2000a, "EQSEARCH, Version 3.0b, A Computer Program for the Estimation of Peak Horizontal Acceleration from California Historical Earthquake Catalogs." 2. Blake; T.F., 2000b, "EQFAULT, Version 3.0b, A Computer Program for the Deterministic Prediction of Peak Horizontal Acceleration from 3-D Fault Sources", User's Manual" (Windows 95/98 Version). 3. Blake, T.F., 2000c, "FRISKP, Version 4.0, A Computer Program for the Probabilistic Estimation of Peak Acceleration and Uniform Hazard Spectra Using 3-D Faults as Earthquake Sources, (Version 4.00)". 4. Blake, T.F., 2000d, UBCSEIS, Version 1.03, A Computer Program for the Estimation of Uniform Building Code Coefficients Using 3.0 Fault Sources", (Windows 3.1 and Windows 95 Versions). . 5. Bozorgnia, Y., Campbell, K.W., and Niazi, M. M., 1999, "Vertical Ground Motion: Characteristics, Relationship with Horizontal Component, and Building Code Implications", Proceedings of the SMIP99 Seminar on Utilization of Strong -Motion Data, pp. 23-49, dated September 15. 6. California Building Code, 2001 Edition 7. California Divisions of Mines and Geology, 1976, "Geology and Engineering Geologic Aspects of the Laguna Beach Quadrangle, Orange County, California," Special Report 127. 8. California Divisions of Mines and Geology, 1997, "Guidelines for Evaluating and Mitigating Seismic Hazards in California," Special Publication 117. 9. California Division of Mines and Geology, 1998, "Seismic Hazards Zones Map, Laguna Beach Quadrangle. 10. California Geological Survey, 2003, "Seismic Hazards Mapping Homepage" at http://gmw.consrv.ca.gov/shmp/index.htm 11. Cao, T., Bryant, W.A., Rowshandel, B., Branum, D. and Wills, C.J., 2003, "The Revised 2002 California Probabilistic Seismic Hazard Maps, dated June. • 12. Earth Research Associates, Inc , 1982, "Preliminary Soils Engineering and Engineering Geologic Investigation, Proposed Single -Family Residence, 223 Evening Canyon Drive, City of Newport Beach, California' ; dated July 20, Job No. 157-82. 13. Earth Research Associates, Inc., 1986, "Addendum to Preliminary Soils and Engineering Geologic Investigation, Proposed Single Family Residence at 211 Evening Canyon, Newport Beach, California' ; dated January 29, Job No. 203-81. 14. Earth Research Associates, Inc, 1987, "Final Soils Engineering report of Rough Grading, Utility Trench and Wall Backfill and Footing Inspection, 211 Evening Canyon, Newport Beach, California"; dated August 10, Job No. 203-81. 15. Geofirm, 1996, "Limited Evaluation and Recommendations For Repair of Localized Slope Failure, 212 Hazel Drive, Corona del Mar, California"; dated June 26, Project No: 70669-00, Report No: 6-2267. 16. Geofirm, 1998, "Geotechnical Investigation for Reconstruction of Buck Gully Outlet Structure, Little Corona Beach, Newport Beach, California"; dated May 11, (Revised July 9, 1998), Project No: 70887-00, Report No: 8-2804. 17. Geofirm, 2002, "Preliminary Geotechnical Investigation for New Single Family Residence, 219 Evening Canyon, Corona del Mar, California"; dated May 11, (Revised July 9, 1998), Project No: 70887-00, Report No: 8-2804. 18. Jennings, Charles W., et al, 1994, "Fault Activity Map of California and Adjacent Areas," California Division of Mines and Geology, Geologic Data Map No. 6. 19. Kenneth G. Osborne and Associates, 1978, "Geotechnical Investigation, Residence, 215 Evening Canyon Road, Corona del Mar Area, Newport Beach, California"; dated November 21, Job No. 78-2520-1, revised December 15. 20. Petersen, M.D., Bryant, W.A., Cramer, C.H., Cao, T., Reichle, M.S., Frankel, A.D., Lienkaemper, J.J., McCrory, P.A., and Schwartz, D.P., 1996, "Probabilistic Seismic Hazard Assessment for the State of California", Department of Conservation, Division of Mines and Geology, DMG Open -File Report 96-08, USGS Open File Report 96-706. 21. Petersen, M.D., Beeby, D., Bryant, W., Cao, C., Cramer, C.H., Davis, J., Reichle, M.S., Saucedo, G., Tan, S., Taylor, G., Toppozada, T., Treiman, J., Wills, C., 1999; "Seismic Shaking Hazard Maps of California", Department of Conservation, Division of Mines and Geology, DMG Map Sheet 48. 22. Petersen, M.D., Toppozada, T.R., Cao, T., Cramer, C.H. Reichle, M.S., and Bryant, W.A., 2000, "Active Fault Near -Source Zones Within and Bordering the State of California for the 1997 Uniform Building Code", The Professional Journal of the Earthquake Engineering Research Institute, Earthquake Spectra, Volume 16, Number 1. Year Flight AERIAL PHOTOGRAPHS Photos Scale AgencX 1939 5925 100,101 1"=2000' Teledyne Geotronics 1970 21 6,7 1"=1000, Robert J. Lung and Associates • • APPENDIX B BORING LOGS Date(s) Logged: 7/31/2003 Method of Dr I : 6" Solid Stem Auger Logged By: SMS Drilling Company: Pacific Drilling Drop: 30-inches LOCATION Rear Yard Lawn Area Weight(s): 140 Ibs Ground Elevatio 106.5 c a top n BORING NO.: B-1 m y - ) cc ? AG z n c E o cvv a Description Geologic o o ca 0 m � co m12001 5 p Attitudes o •o ,o, 4' 0-SLOPEWAStj silty SAND, very fine-grained with fine gravel, dry, 1 very dense, light yellow -brown to red -brown 1 2 2 18/30/50 3.2 115.8 3 3 ---- ----- - --------------------------------------------------- 4-4.6 BEDROCK, MONTEREY, SILTSTONE In tip, sampler bouncing, ---------- 4 5 refusal 5 6 6 Total Depth 4.5' (refusal after two attempts) 7 No Groundwater 7 6 Backfiiled 7/31/03 8 9 9 10 10 11 - 11 12 , 12 13 • 13 14 • 14 15 , 15 16 16 17 • 17 18 • • 18 19 , 19 20 , 20 21 • 21 22 22 23 . 23 24 , 24 25 , 25 26 , 26 27 • 27 28 , 28 29 • 29 30 • 30 31 31 32 , 32 33 , 33 34, 34 35 • 35 36 • 36 37 • 37 38 39 39 40 40 - Project No.: 71396-00 LOG OF BORING Figure No.: B1 71396-00 Boring Log.xls 11/6/2003 uevrtrm Alk A& Date(s) Logged: 7/31/2003 Method of Dril i g: 6" Solid Stem Auger Logged By: SMS - Drilling Company: Pacific Drilling the Drop: 30-inches Drop: 3 LOCATION Front Courtyard Area s): Ibs Ground Elevatio 113.0 v p a BORING NO.: B-2 0) L H - N y d ? v CO � � Description Geologic .0 a o co v m a M 2U Attitudes o .o. 0-4' NON -MARINE TERRACE, silty SAND, very fine-grained with fine o 1 gravel, dry, very dense, light yellow -brown to red -brown 1 2 . 2 50-6" 4.3 112.5 3 • 3 4 ----- ------- ---- ---- ---- ---- --------------------------------------------------- ------------ 4 4-11' MARINE TERRACE silty SAND, very fine-grained with fine gravel, 5 15/25/50 1.7 105.0 well sorted, d very dense, light yellow -brown dry, ry 9 5 . 8 6 7 7 8 8 g 9 10 30/50-3" 3.3 @10' Gravel with Shells, dry minor medium -grained sand 10 11 ----- --------------------------------------------------- ---------- 11 1 V BEDROCK, MONTEREY,, SILTSTONE in tip, sampler bouncing, 12 12 refusal . 13 . 13 Total Depth 11' (refusal ) 14 . 14 No Groundwater 15 . 15 Backfilled 7/31 /03 18 . 16 17 . 17 Is.- 18 19 . 19 20 . 20 21 21 22 22 28 . 23 24 . 24 25 . 25 26 . 26 27 . 27 28 . 28 29 . 29 30 30 31 31 32 . 32 33 • 33 34 . 34 35 . 35 • 36 . 36 37 • 37 38 38 39 39 40 40 Project No.: 71396-00 LOG OF BORING Figure No.: B2 71396-00 Boring Log.xls 11/6/2003 - Geolirm 0 0 CITY OF NEWPORT BEACH �/FoRi August 3, 2004 C2G Architects Michael Chait 14931A Califa Street Van Nuys, CA 91411 RE: 352 Hazel Drive (PA2004-076) PLANNING DEPARTMENT Patricia L. Temple, Director This letter serves as notification that the Planning Department is in receipt of your response to my incomplete letter dated May 14, 2004. Your application has been determined to remain incomplete as your response was not complete. In order to continue processing your application we request the following items 1. Provide a grading plan prepared by a licensed civil engineer for the proposed development. Plan must show limits of all grading activities including all areas to be disturbed. 2. Provide a comprehensive Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPP). 3. Since the proposed wall and guardrail exceeds the 24-foot height limit, the application needs to be augmented with a Variance request for structure height or the application should be amended to eliminate the portions of the structure that exceed 24 feet from natural grade. After a review of City records, it has been determined that an amendment of the District Map is not required as the notation of the District map related to elevation was not officially added to the map. However, an amendment to the conditions of approval of the resubdivision is necessary. The amendment to a previously approved subdivision map is subject to all the findings required for the approval of a tentative parcel map including the finding related to consistency with the General Plan and Local Coastal Program Land Use Plan. You must be forewarned that the project does not appear to be consistent with General Plan Land Use Element Policy D and identical policies within the Local Coastal Program Land Use Plan that call for minimal alteration of landforms. Additionally, the .amendment is subject to the California Environmental Quality Act and no exemption is applicable. Therefore, an Initial Study will be prepared and due to the project's inconsistency with land use policy, an Environmental Impact Report will be necessary. The initial study cannot be completed until the requested materials are provided. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3200 • Fax: (949) 644-3229 • www.city.newport-beach.ca.us • Please submit the information requested at your earliest convenience in order to continue processing your application. Additional questions/corrections/comments may arise after a review of these requested materials. If you should have any questions regarding this project or letter, feel free to contact me at (949) 644-3219. Sincerely, Gregg B. Ramirez Associate Planner 1 D • 0 May 11, 2004 C2G Architects Michael Chait 14931A Califa Street Van Nuys, CA 91411 RE: 352 Hazel Drive (PA2004-076) CITY OF NEWPORT BEACH PLANNING DEPARTMENT RECEIVED Patricia L. Temple, Director MAY 2004 C2G, INC. This letter serves as notification that the Planning Department is in receipt of you application submittal regarding the proposed Code Amendment. After reviewing your submitted application, documents and exhibits, the application has been deemed incomplete. Please provide in writing or on revised exhibits/plans answers to the following: 1. Provide a detailed topographic survey of the property that includes elevations from the side yards of the adjacent properties. Survey must also show accurate lot lines. The survey must be prepared and stamped/signed by a licensed surveyor. 2. Provide a copy of the geotechnical report referenced in the letter provided by Geofirm dated March 24, 2004. 3. Provide a grading plan prepared by a licensed civil engineer for the proposed development. Plan must show limits of all grading activities including all areas to be disturbed. 4. Provide a comprehensive Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPP). c 1-! •*-',' "he -, yard •ar' he aCcecsed? If c}--irs or other form of access is nroposed J. 1 �L.VV `IY 111 LIIG nc YY G�.: u�0C.: .,., aVvvv.iv v.,... ,,, �.... �_-- rP'-r -� show on plans. 6. Precisely how will the imported fill be delivered to the proposed location of the new yard area? 7. Clearly show how the proposed wall/fence complies with the 24 foot height limit. 8. The request is an Amendment to the Districting Map, not a General Plan Amendment. Please request the Amendment to the Districting Map in writing. 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3200 - Fax: (949) 644-3229 - www.city.newport-beach.ca.us 9. Provide a signed affidavit from person who prepared the the radius map and mailing labels as requested on the application. Please submit the information requested at your earliest convenience in order to continue processing your application. Additional questions/corrections/comments may arise after a review of these requested materials. If you should have any questions regarding this project or letter, feel free to contact me at (949) 644-3219. Sincerely, Gregg B. Ramirez Associate Planner CITY OF NEWPORT BEACH 10 PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: July 14, 2004 Staff Planner: G. Ramirez (949) 644-3219 X PUBLIC WORKS & TRAFFIC ENGINEER X PLANS ATTACHED (PLEASE RETURN) UTILITIES DEPARTMENT X FIRE DEPARTMENTS _ PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT RECREATION & SENIOR SERVICES POLICE DEPARTMENT/VICE & INTELLIGENCE HARBOR DEPARTMENT REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: C2G Architects CONTACT: Michael Chait 818 781-1390 FOR: Code Amendment CA2004-004 DESCRIPTION: Request to amend District Map No. 18 to remove the note prohibiting construction and .landform alteration below 71.16 Mean Sea Level (MSL) as prohibited by the approval of Parcel Map No. 93-186 (Resubdivision No. 1002). The applicant proposes to construct a 24-foot retaining wall, a portion of which is below the 71.16 MSL elevation. LOCATION: 352 Hazel Drive REPORT REQUESTED BY: July 30, 2004 COMMISSION REVIEW (Tentative): Check all that apply: ❑ No comments on the project as presented. ❑ Application of Standard Code requirements are not expected to alter the project design. o I contacted the applicant on September o Recommended conditions of approval are attached. ❑ Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. to: ❑ schedule an appointment for Code review, ❑ discuss the following (attach separate sheet if necessary): ADDITIONAL COMMENTS (❑ see attached): Signature: Ext. Date: Please indicate the approximate time spent on reviewing this project: 4 V SFC M.IP, .VO. •'7 / sEF N.YP No. q SE, 6 ,P• v o ' 9, JE• v� es Jd�pP 9 do PJ �' • ryo /Qs�, -sr� p' P zo' °do d •o � aR.°• .m 9f� G� J \ - [° \I 'Q NOTE; RO GONSTRUC TION • � '9% fJL f 7,° V � 00. LAN0/ORh MTEAAT�ON ' �eJ Qp\� q� P 9 Q N BELow fNE Ms �N PA0.CEt Q , / of ?L•16 Q A R-[_B MAP ��-1B6 (RESuB OIVISIOM ,"..N 9, Q 6 No.loo 11 SHAtt BE VENMI TrEO HT�V v o ,.J � Ci'��� 1p . r, ..unwr.rr .or•. re.v A• rfio... N '/O. ' + ��T' 1 — ea n .6f4 X.A. i-9 rA AQ .1016 All— .RI A a-Z 0.0 w W. err. . we1 f.0 arr. --A iiA/{s. 6t.G eai[ Bww •P.r.s t'•r 0.r0 yJr Ar. C•.e•• � 'f- f 0 A&. 7 te, PAer % AOf6 ,✓ . 6i..i �f LT•:— ,• t0r-A rfAer/fSr QI...M.r Jxd/. Ow4 NO. IIl e...". fr/rr orAfN /U..f.T /..O- ,T-/ /O I.I.-'•`•. _....••••,,. %•� OAO. NO. Vt. A -CIO I~r I,— mro er OM .wilt [[T nr ([)rr. ;Z; : Y .;.; D C•••A O ._.. r , [LJ MR si-Y tors 36�.47,e1e<{ --rcwr 57J:1NC4x'0:7/3B. Awl Acwl � /s; /.b J r.,olu1/ erA rJCJreO ,t[(f/, /RO•/RYf LJ ra iK � 'y......••• OAo •%9O.c. e[tee[ cretlroc .eOre411ee To urn . e.A•so 4 ".Jl .Jf• Ice w-J., COM; ,. ••(� T ..•.•.•..•, NA/Oi L.'TEL 9//e,J A- roR-/JAK ••Y.. 40 OAO.—. VA•rl R,,..a fi[G i,G re.IOT1.ec — ace 1%-4• 71 . ORO..O. rr•Ie DELEM 10 FRONT TARO feTB+[[S AOIK[NT TO NAGAreO 41CT A•10 VK^reo GLem ORI.e. LOTS ST. C. bi , Vo SIR. A. TRAtr NO, 6T3 14-11 • 14 .Gwr..m .•a•sb r{D. 11• ESDW61As4 V FP6.{T •{ARb •fjLAc\s. 3eeei S"2- •P•EAKER-S PR. -Z0-y9 DISTRICTING MAP NEWPORT BEACH CALIF ORNIA AGRICULTURAL RESIDENTIAL R—A MULTIPLE RESIDENTIAL R—I SINGLE FAMILY RESIDENTIAL I C-1 LIGHT COMMERCIAL R—Z DUPLEX RESIDENTIAL C z GENERAL COMMERCIAL '%ALE OF FEET MFR MULTIPLE FAMILY RESIDENTIAL M-1 MANUFACTURING o ; mo Gaa ee° QB Q COMBINING DISTRICTS / � UNCLASSIFIED Front Yard Oeoth in Feet 51iown Th•, ORD. ND, GIs DEC. eG, 19so Newport Beach Fire Department Fire Prevention Division 3300 Newport Blvd. Newport Beach, CA 92663 (949) 644-3106 Planning Commission Project Review Conditions -for App oval DATE: August 2, 2004 PROJECT LOCATION: 352 Hazel Drive FOR: Code Amendment CA2004-004 DESCRIPTION: Request to amend District Map No. 18 to remove note prohibiting construction and landform alteration. Conditions: 1. Property is located in an Urban Wildland Interface area. Vegetation (existing and new) shall be in accordance with the City of Newport Beach Urban Wildland Interface Area Standard for Hazard Reduction. F City of Newport Beach Urban Wildland Interface Area Standard for Hazard Reduction Objective The guidelines for hazard reduction are intended to modify the fuel load in areas adjacent to structures to create a defensible space. Definition Defensible space is an area either natural or man-made, where plant materials and natural fuels have been treated, cleared, or modified to slow the rate and intensity of an advancing wildfire, and to create an area for firefighters to suppress the fire and save the structure. Responsibility Persons owning, leasing, controlling, operating, or maintaining buildings or structures requiring defensible spaces are responsible for modifying or removing nonfire-resistive vegetation. Fuel Modification Distance All habitable structures including any attachments to that structure located within 100 feet of an urban wildland interface (UWI) area shall comply with the fuel modification restrictions outlined in this document. This requirement applies only to those sides of the structure that face the urban wildland interface area. MAINTENANCE OF DEFENSIBLE SPACE Structure Sides ♦ For the purpose of firefighter entrance and egress provide three feet of access along both sides of the structure. Trees All trees located within 100 feet of any portion of a structure, which is facing an urban wildland interface area, shall comply with the following guidelines: ♦ Existing trees are not required to have a separation of tree canopies but must be maintained free of all dead or dying foliage. ♦ The selection of any new trees shall be made from the fire resistive plant list, and the trees shall be planted such that mature canopies will have a minimum separation of ten feet. ♦ Trees shall be maintained free of dead wood and foliage, and all dead trees removed. ♦ Where shrubs are located within the dripline of a tree, the lowest tree branch shall be at least three times as high as the shrub. This process will remove the potential for fires to spread from lower shrubs and bushes to higher trees and structures. ♦ Trees extending to within five feet of any structure shall be pruned to maintain a minimum clearance of five feet. Shrubs and Bushes All shrubs and bushes located within 100 feet of any portion of a building shall comply with the following guidelines: ♦ All dead and dying growth shall be removed from shrubs and bushes. ♦ All shrubs and bushes not on the fire resistive plant list shall be maintained no closer than ten feet apart branch tip to branch tip. ♦ One to three shrubs and bushes together in a small group can be considered a single bush if properly maintained. ♦ All shrubs and large tree -form shrubs, which are listed on the fire resistive plant list, need not be separated if properly maintained. Ground Cover ♦ Ground cover that is properly planted, irrigated, and maintained is permitted within the defensible space. ♦ Non -planted areas may be covered with a maximum of five inches of chipped biomass or its equivalent. ♦ All ground cover that is either dead and/or dying shall be removed when located within 100 feet of defensible space. Firewood Firewood and combustible material for consumption on the premises shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies of other projections, or overhangs. Storage of firewood and combustible material stored in the 2 defensible space must be located a minimum of 15 feet from structures and separated from the driplines of trees by a minimum of 15 feet. Roof ♦ Remove leaves, needles, twigs, and other combustible matter from roofs and rain gutters. ♦ Portions of trees, which extend within ten feet of the outlet of a chimney, shall be removed. ♦ All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester. The spark arrester screen shall be made from a material that is both heat and corrosion resistant, and the openings shall not permit the passage of spheres having a diameter larger that one half inch. 4' 'Pityof Newport Beach • P Urban Wildland Interface Area Standard for Hazard Reduction Botanical Name Abelia x grandiflora Acacia redolens desert carpet Acer macrophyllum Achillea millefolium Achillea tomentosa Aeonium decorum Aeonium simsii Agave attenuata Agave shawii Agave victoriae-reginae Ajugareptans Alnus cordata Alnus rhombifolia Aloe arborescens Aloe aristata Aloe brevifoli Aloe Vera Alogyne huegeii Ambrosia chammissonis Amorpha fruticosa Anigozanthus flavidus Antirrhinum nuttalianum ssp. Aptenia cordifolia x `Red Apple' Arbutus unedo Arctostaphylos `Pacific Mist' Arctostaphylos edmundsii Arctostaphylos glandulosa ssp. Arctostaphylos hookeri 'Monterey Carpet' Arctostaphylos pungens Arctostaphylos refugioensis Arctostaphylos uva-ursi Arctostaphylos x 'Greensphere' Artemisia caucasica Artemisia pycnocephala Atriplex canescens Atriplex lentiformis ssp. breweri Baccharis emoyi Baccharis pilularis ssp. Consanguinea Baccharis pilularis var. pilularis 'Twin Peaks #2' Baxtylis glomerata Baccharis salicifolia Fire Resistive Plant List Common Name Plant Form Glossy Abelia Desert Carpet Big Leaf Maple Common Yarrow Woolly Yarrow Aeonium no common name Century Plant Shaw's Century Plant no common name Carpet Bugle Italian Alder White Alder Tree Aloe no common name no common name Medicinal Aloe Blue Hibiscus Beach Bur -Sage Western False Indigobush Kangaroo Paw no common name Red Apple Aptenia Strawberry Tree Pacific Mist Manzanita Little Sur Manzanita Eastwood Manzanita Monterey Carpet Manzanita no common name Refugio Manzanita Bearberry Greensphere Manzanita Caucasian Artesmisia Beach Sagewort Four -Wing Saltbush Brewer Saltbush Emory Baccharis Chaparral Bloom Twin Peaks Berber Orchard Grass Mulefat Shrub Shrub Tree Low Shrub Low Shrub Ground cover Ground cover Succulent Succulent Ground Cover Ground Cover Tree Tree Shrub Ground Cover Ground Cover Succulent Shrub Perennial Shrub Perennial/accent Subshrub Ground cover Tree Ground Cover Ground Cover Shrub Low Shrub Shrub Shrub Ground Cover Shrub Ground Cover Perennial Shrub Shrub Shrub Shrub Ground Cover Grass Shrub Remarks Prune back after flowering to remove dried fire fuel Prune back after flowering to remove dried fire fuel Low maintenance Poor on slopes 30-50 feet height Highly invasive High fire retardance Slow to establish Excellent drought tolerance, semi -upright to 12 inches Excellent drought tolerance, spreading 4-6', height to 1' Very low maintenance; takes some foot traffic Drought tolerant Use only male plants Drought tolerant Revised 5/03 IS 4temarks Botanical Name Common Name Plant Form Baileya multiradiata Desert Marigold Ground Cover Drought tolerant Beaucarnea recurvata Bottle Palm Shrub/Small Tree Bougainvillea spectabilis Bougainvillea Shrub Brahea armata Mexican Blue Palm/Blue Palm Hesper Palm Brahea. brandegeei San Jose Hesper Palm Palm Brahea edulis Guadalupe Palm Palm Brickellia californica no common name Subshrub Bromus carinatus California Brome Grass Camissonia cheiranthifiloa Beach Evening Primrose Perennial Shrub Carissa macrocarpa Green Carpet Natal Plum Ground Cover/Shrub Fair -good drought tolerance, spreads 12-18" Carpobrotus chilensis Sea Fig Ice Plant Ground Cover Ceanothus gloriosus `Point Reyes' Point Reyes Ceanothus Shrub Excellent drought tolerance, semi -upright 12-18" Ceanothus griseus `Louis Edmunds' Louis Edmunds Ceanothus Shrub Ceanothus griseus horizontalis Yankee Point Ground Cover Ceanothus griseus var. horizontalis Carmel Creeper Ceanothus Shrub Excellent drought tolerance. Ceanothus griseus var. horizontalis Yankee Point Ceanothus Shrub `Yankee Point' 2-3' tall Ceanothus megarcarpus Big Pod Ceanothus Shrub Ceanothus prostratus Squaw Carpet Ceanothus Shrub Excellent drought tolerance; spreads 2-6' Ceanothus spinosus Green Bark Ceanothus Shrub Ceanothus verrucosus Wart -Stem Ceanothus Shrub Cerastium tomentosum Snow -in -Summer Ground cover/Shrub White flower color Ceratonia siliqua Carob Tree Cercis occidentalis Western Redbud Shrub/Tree Drought tolerant Chrysanthemum leucanthemum Oxeye Daisy Ground Cover Ornamental, flowering Cistus crispus no common name Ground Cover Cistus hybridus White Rockrose Shrub Cistus incanus no common name Shrub Cistus incanus ssp. Corsicus no common name Shrub Cistus salviifolius Sageleaf Rockrose Shrub Cistus x purpureus Orchid Rockrose Shrub Citrus spp. Citrus Tree Clarkia bottae Showy Fairwell to Spring Annual Cneoridium dumosum Bushrue Shrub Collinsia heterophyllia Chinese Houses Annual Comarostaphylis diversifolia Summer Holly Shrub Convolvulus cneorum Bush Morning Glory Shrub White flower color Coprosma kirkii Creeping Coprosma Ground Cover/Shrub Subject to dieback after 3-4 years Coprosma pumila Prostrate Coprosma Low shrub Coreopsis californica Califlomia Coreopsis Annual Coreopsis lanceolata Coreopsis Ground Cover Ornamental flowering Corea pulchella Australian Fuscia Ground Cover 12" height, 36" spread Cotoneaster buxifolius no common name Shrub Cotoneaster congestus 'Likiang' Likiang Cotoneaster Ground CoverNine Cotoneaster apmeyi no common name Shrub Crassula lactea no common name Ground Cover Crassula multicava no common name Ground Cover Not recommended for steep slopes 2 Revised 5/03 Botanical Name Amon Name Plant Form marks Crassula ovata Jade Tree Shrub Crassula tetragona no common name Ground Cover Croton californicus California Croton Ground Cover Delosperma 'alba' White trailing Ice Plant Ground Cover Not recommended for steep slopes Dendromecon rigida Bush Poppy Shrub Dichelostemma capitatum Blue Dicks Herb Distinctis buccinatoria Blood -Red Trumpet Vine Vine/Climbing vine Dodonaea viscosa Hopseed Bush Shrub Drought tolerant Drosanthemum floribundum Rosea Ice Plant Ground Cover Drosanthemum hispidum no common name Ground Cover Drosanthemum speciosus Dewflower Ground Cover Dudleya lanceolata Lance -leaved Dudleya Succulent Dudleya pulverulenta Chalk Dudleya Succulent Elaeagnus pungens Silverbeny Shrub Encelia californica California Encelia Small Shrub Epilobium canum [Zauschneria Hoary California Fuschia Shrub californica] Eriastrum sapphirinum Mojave Woolly Star Annual Eriobotrya japonica Loquat Tree Eriodictycon crassifolium Thick Leaf Yerba Santa Shrub Eriodictycon trichocalyx Yerba Santa Shrub Eriophyllum confertiflorum no common name Shrub Erythrina spp. Coral Tree Tree Red/pink flower color Escallonia spp. Several varieties Shrub Eschscholzia californica California Poppy Flower Eschscholzia mexicana Mexican Poppy Herb Euonymus fortunei Winter Creeper Euonymus Ground Cover Feijoa sellowiana Pineapple Guava Shrub/Tree Fragaria chiloensis Wild Strawberry/Sand Ground Cover Strawberry Frankenia Salina Alkali Heath Ground Cover Fremontondendron californicum California Flannelbush Shrub Gaillardia x grandiflora Blanketflower Ground Cover Ornamental flower Galvezia speciosa Bush Snapdragon Shrub Red flowers Garrya ellipta Silktassel Shrub Gazania hybrids South African Daisy Ground Cover Gazania rigens leucolaena Training Gazania Ground Cover Strongly recommended; creeping varieties Gillia capitata Globe Gilia Perrenial Gilia leptantha Showy Gilia Perrenial Gilia tricolor Bird's Eyes Perrenial Ginkgo biloba Maidenhair Tree Tree Gnaphalium Califomicum California Everlasting Annual Grewia occidentalis Starflower Shrub Grindelia stricta Gum Plant Ground Cover Green foliage Hakea suaveolens Sweet Hakea Shrub Hardenbergia comptoniana Lilac Vine Shrub Heliathemum muutabile Sunrose Ground Cover/Shrub Good drought tolerance, 6- 12" Helianthemum scoparium Rush Rose Shrub Small leaves, drought tolerant Heliotropium curassavicum Salt Heliotrope Ground Cover Helix Canariensis English Ivy Ground Cover 3 Revised 5/03 Potanical Name Camon Name Plant Form &marks Hesperaloe parviflora Red Yucca Perennial Heteromeles arbutifolia Toyon Shrub May be trimmed up to tree form Hypericum calycimum Aaron's Beard Shrub Good t very good drought tolerance Iberis sempervirens Edging Candytuft Ground Cover White flower color Iberis umbellatum Globe Candytuft Ground Cover Ornamental flowering Isocoma menziesii Coastal Goldenbush Small Shrub Isomeris arborea Bladderpod Shrub Drought tolerant Iva hayesiana Poverty Weed Ground Cover Erosion control, fast growth, spreads Juglans californica California Black Walnut Tree Juncus acutus Spiny Rush Perrenial Keckiella antirrhinoides Yellow Bush Penstemon Subshrub Keckiella cordifolia Heart Leaved Penstemon Subshrub Keckiella ternata Blue Stemmed Bush Penstemon Subshrub Kniphofia uvaria Red Hot Poker Perennial Lagerstroemia indica Crape Myrtle Tree Lagunaria patersonii Primrose Tree Tree Lamprathus aurantiacus Bush Ice Plant Ground Cover Lampranthus filicaulis Redondo Creeper Ground Cover Lampranthus spectabilis Trailing Ice Plant Ground Cover Lantana camara cultivars Yellow Sage Shrub Water deeply, infrequently Lantana montevidensis Trailing Lantana Shrub Frost tender Lasthenia califormca Dwarf Goldfields Annual Lavandula dentata French Lavender Shrub Leptospermum laevigatum Australian Tea Tree Shrub Leucophyllum frutescens Texas Ranger Shrub Leymus condensatus Giant Wild Rye Large Grass Ligustrum japonicum Texas privet Shrub White flower color Limonium pectinatum no common name Ground Cover Drought and salt tolerant Limonium perezii Sea Lavender Shrub Perennial Liquidambar styraciflua American Sweet Gum Tree Liriodendron tulipfera Tulip Tree Tree Lonicera japonica'Halliana' Hall's Japanese Honeysuckle Vining Shrub Lonicera subspicata Wild Honeysuckle Vining Shrub Creamy white flowers Lotus comiculatus Bird's Foot Trefoil Ground Cover Green lush look Lotus hermannii Northern Woolly Lotus Perennial Lotus scoparius Deerweed Shrub Lupinus arizonicus Desert Lupine Annual Lupinus benthamii Spider Lupine Annual Lupinus bicolor Sky Lupine Flowering annual Lupinus sparsiflorus Loosely Flowered Annual Annual Lupine/Coulter's Lupine Lyonothamnus floribundus ssp. Fernleaf Ironwood Tree Asplenifolius Macadamia integrifolia Macadamia Nut Tree Mahonia aquifolium `Golden Golden Abundance Oregon Shrub Abundance' Grape Bright yellow flowers Mahonia nevenii Nevin Mahonia Shrub Yellow flowers Malacothamnus Fasciculatus Chapparal Mallow Shrub Malephora luteola Training Ice Plant Ground Cover Yellow flowers 4 Revised 5/03 Botanical Name AmmonName Plant Form &marks Maytenus boaria Mayten Tree Tree Melaleuca nesophila Pink Melaleuca Shrub Metrosideros excelsus New Zealand Christmas Tree Tree Mimulus spp. Monkeyflower Flower Mirabilis californica Wishbone Bush Perrenial Myoporum debile no common name Shrub Excellent along seacoast Myoporum insulare Boobyalla Shrub Myoporum parvilfolium no common name Ground Cover Myoporum'Pacificum' no common name Ground Cover Nassella (stipa) lepidra Foothill Needlegrass Ground Cover Nassella (stipa) pulchra Purple Needlegrass Ground Cover Nemophilia menziesii Baby Blue Eyes Annual Nerium Oleander Oleander Shrub Subject to leaf gall in large groupings Nolina cismontana Chapparal Nolina Shrub Nolina spp. Mexican Grasstree Shrub Drought tolerant Oenothera belandieri Mexican Evening Primrose Ground Cover Oenothera hookeri California Evening Primrose Flower Drought tolerant Oenothera speciosa Show Evening Primrose Perrenial Ophiopogon japonicus Mondo Grass Ground Cover Opuntia littoralis Prickly Pear Cactus Opuntia oricola Oracle Cactus Cactus Opuntia prolifera Coast Cholla Cactus Osmanthus fragrans Sweet Olive Shrub Osteospermum fruticosum Training African Daisy Ground Cover Parkinsonia aculeata Mexican Palo Verde Tree Yellow flowers Pelargonium peltatum Ivy Geranium Ground Cover Penstemon spp. Beard Tongue Shrub Photinia fraseria no common name Shrub Pistacia chinesis Chinese Pistache Tree Pittosporum undulatum Victorian Box Tree Plantago erects California Plantain Annual Plantago insularis Woolly Plantain Annual Plantago sempervirens Evergreen Plantain Ground Cover Grey leaves; drought tolerant Plantanus racemosa California Sycamore Tree Plumbago auritulata Plumbago Cape Shrub Popolus fremontii Western Cottonwood Tree Portulacaria Afra Elephant's Food Shrub Potentilla glandulosa Sticky Cinquefoil Subshrub Potentilla tabemaemontanii Spring Cinquefoil Ground Cover Prunus caroliniana Carolina Cherry Laurel Shrub/Tree White flower color Prunus ilicifolia ssp. Ilicifolia Holly Leafed Cherry Shrub Prunus lyonii Catalina Cherry Shrub/Tree White flower color Punica granatum Pomegranate Shrub/Tree Puya spp. Puya Succulent/Shrub Phyla nodiflora Lippia Ground Cover Pyracantha spp. Firethorn Shrub Quercus agrifolia Coast Live Oak Tree Oak woodland Quercus berberdifolia California Scrub Oak Shrub Valuable soil binder Quercus dumosa Coastal Scrub Oak Shrub Quercus engelmannii Engelmann Oak Tree Open structure Quercus suber Cork Oak Tree 5 Revised 5/03 Fotanical Name 90mon Name Plant Form &marks qW ' Rhamnus alatemus Italian Buckthorn Shrub Rhamnus californcca California Coffee Berry Shrub Green leaves; drought tolerant Rhamnus crocea Redbeny Shrub Intricate branching Rhamnus crocea ssp. Ilicifolia Hollyleaf Redberry Shrub Rhaphiolepis spp. Indian Hawthorne Shrub Rhus integrifolia Lemonade Beery Shrub May be trimmed up to tree form Rhus lancea African Sumac Tree 25' height Rhus ovata Sugarbush Shrub Ribes aureum Golden Currant Shrub Ribes indecorum White Flowering Currant Shrub Ribes speciosum Fuschia Flowering Goosebberry Shrub Ribes viburnifolium Evergreen currant Shrub Romneya coulteri Matilija Poppy Shrub Large showy white flowers Romneya coulteri 'White Cloud' White Cloud Matilija Poppy Shrub Rosmarinus officinalis Rosemary Shrub Salvia greggii Autums Sage Shrub Salvia sonomensis Creeping Sage Ground Cover Sambucus mexicana Mexican Elderberry Tree Drought tolerant Santolina chamaecyparissus Lavender Cotton Ground Cover Santolina virens Green Lavender Cotton Shrub Satureja chandleri San Miguel Savory Perennial Scirpis scutus Hard Stem Bulrush Perennial Scirpus californicus California Bulrush Perennial Sedum acre Goldmoss Sedum Ground Cover Not recommended on steep slopes Sedum album Green Stonecrop Ground Cover Sedum confusum no common name Ground Cover Sedum lineare no common name Ground Cover Sedum x rubrotinctum Pork and Beans Ground Cover Senecio serpens no common name Ground Cover Sisyrinchium bellum Blue Eyed Grass Ground Cover Drought tolerant Solanum douglasii Douglas Nightshade Shrub Solanum xantii Purple nightshade Perennial Stenicarpus sinuatus Firewheel Tree Tree Strelitzia nicolai Giant Bird of Paradise Perennial Strelitzia reginae Bird of Paradise Perennial Symphoricarpos mollis Creeping Snowber y Shrub Tecoma stans (Stenolobium stans) Yellow Bells Shrub/Small Tree Tecomaria capensis Cape Honeysuckle Ground Cover Vine Teucarium chamedrys Germander Ground Cover Thymus serpyllum Lemon Thyme Ground Cover Trachelospermum jasminoides Star Jasmine Shrub White flower color Trichosstems lanatum Woolly Blue Curls Shrub Trifolium hirtum 'Hyron' Hyron Rose Clover Ground Cover Drought tolerant Trifolium fragerum 'O'Connor's' O'Connor's Legume Ground Cover Umbellularia californcca California Laurel Tree Very spreading Verbena lasiostachys Western Vervain Perennial Verbena peruviana no common name Ground Cover Verbena spp. Verbena Ground Cover Ornamental flowering Vinca minor Dwarf Periwinkle Ground Cover Very spreading 6 Revised 5/03 Ah- Botanical Name mon Name Plant Form marks WE Vitis girdiana Desert Wild Grape Vine Vulpia myuros 'Zorro' Zorro Annual Fescue Grass Westringia fruticosa no common name Shrub Xannithor hoea spp. Grass Tree Perennial accent/shrub Xylosma congestum Shiny Xylosma Shrub Yucca spp. Yucca Shrub Drought tolerant Yucca whipplei Yucca Shrub 7 Revised 5/03 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: July 14, 2004 Staff Planner: G. Ramirez (949) 644-3219 X PUBLIC WORKS & TRAFFIC ENGINEER X PLANS ATTACHED (PLEASE RETURN) UTILITIES DEPARTMENT X FIRE.DEPARTMENT _ PLANS ON FILE IN PLANN �FPT., X BUILDING/GRADING DEPARTMENT` �I�DINGC �- RECREATION & SENIOR SERVICES POLICE DEPARTMENT/VICE & INTELLIGENCE ��L 15 2004 HARBOR DEPARTMENT REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) ' APPLICATION OF: C2G Architects CONTACT: Michael Chait 818 781-1390 FOR: Code Amendment CA2004-004 DESCRIPTION: Request to amend District Map No. 18 to remove the note prohibiting construction and landform alteration below 71.16 Mean Sea Level (MSL) as prohibited by the approval of Parcel Map No. 93-186 (Resubdivision No. 1002). The applicant proposes to construct a 24-foot retaining wall, a portion of which is below the 71.16 MSL elevation. LOCATION: 352 Hazel Drive REPORT REQUESTED BY: July 30, 2004 COMMISSION REVIEW (Tentative): September Check all that apply: ❑ No comments on the project as ❑ Recommended conditions of approval are presented. attached. Application of Standard Code ❑ Application of Standard Code requirements or requirements are not expected to alter the attached conditions of approval will the project design. substantially impact or alter the design of the project. ❑ I contacted the applicant on to: ❑ schedule an appointment for Code review, ❑ discuss the following (attach separate sheet if necessary): ADDITIONAL COMMENTS (❑ see attached): Signature: 06LV Ext.✓ S Date: 'v - ,\./l' �; Please indicate the approximate i pent on re hewing this project:'^ r r— PFE NO. ry . I 9sr OS alr r•/ ce ►• A A os• " y P R-, •., e.,��, oc� �'. G O /• p o �� c . s~��A`'•` �° O v �`\��-1 os• p• ' ,, -e,�, Pa 9 o P 9, o RSA, -s- V j , OS �• 's, pS,, '� OS'9 a '"� y�ytio J' 'fit x ti a OS� `" .� � v 0 ti o- - - •° r NorE: No coxsravcTl yew � _ '9/ T1y ' ;6° OA LAMOARM AI.TEM eO\ •9, P 9 EIELOW THE CO ON PARCEL ` /1 J t OF Ti..Lb QPA R-f-B MAP -9-186 (REwBolvlsfDw `•':� 9,, L Q g; No. 10o Z15NALL-8E PERAITTEO) r' 1 rl 51 .<u/+ror/rr ro<.. roov R r/iio� �( ora Ao.Ars to/. e-! ..</. r.TAet 0Dr6 ,a... - A / /a .e-t �yp 000 ro. err l---ftfn err.6Ai"A'Fr2ri ealtAwF✓a^t .. `'4, OR" A&. W2 Ler_A r4ACrAOZ6 LL— xor-.i reArr "or zw- O,roro00/ rro. rrA r oroco Afoot, /ae.r A•/ /D •Tr• •''�. ;•�. oao. No. sse A —CID ra9rr "I". s1re~ w.rrt Ot 'a (i7rc asp Ae. 'of r.. O[A: J. ':.i : wl 7 C•••<, O.O ^'- ovrSs-Y torS S6-fs,ee--:Y er.T"-r ZSl:JRlPtlVrfSs/OE. CVCJ JA:AT i ,s -.0.O J I-.ota/ rv,O r'41reo Aml,, AOW.e•/FC47DHC j� ''..••• YAO Il%10•t. RLtOxt lliel/K IROIt*Nee TO xrm ..u•90 y D.YL. YO. H!l l AO es Je. JS - Je. ILK A -l.. COM : —1 '•••••••• •^••�••- • • •• ............ I'N? /Oi6...fC sr/ea a_. ro a-/ Jog( '•7L- qi 1�l ••• ORO.— qL•<f Rllexi SIR4 r.i •RR/SRI.tf — RTC a-q• IL ORo.— W-1i OELeTe 10 FRONT YARO SLTB/CRS P-DJ14CW To vKAIeO Alley A.0 rK^Teo (A,eR DRIVE. LOTS Ss.60.6i T'ro RI K. A. rKwcT NO. 6?D -x q, .C•xr„FJ• ••6.56 ORQ tl0. lg• £SD°164Sti S' FP6.{t •/ARv yEnAcM- - Seas i 3DOa- S►"Ay-EELS, PR.-7Je-9R1 E OF FEET P( `90 I ,co coo AOO `�O�- D I S T R I CT ING M A P IEWPORT BEACH — CALIF ORNII J AGRICULTURAL RESIDENTIAL R--i MULTIPLE RESIOENTIAL SINGLE FAMILY RESIDENTIAL C-1 LIGHT COMMERCIAL DUPLEX RESIDENTIAL C-2 GENERAL COMMERCIAL MULTIPLE FAMILY RESIDENTIAL rM-1 MANUFACTURING HI COMBINING DISTRICTS ) UNCLASSIFIED Yard Oeoth in Feet Shown Th� ORD. NO. oSS DEC. e6. 1950 { ' -J.• 8 O CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: July 14, 2004 Staff Planner: G. Ramirez (949) 644-3219 X PUBLIC WORKS & TRAFFIC ENGINEER 1 X PLANS ATTACHED (PLEASE RETURN) UTILITIES DEPARTMENT X FIRE DEPARTMENT _ PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT RECREATION & SENIOR SERVICES POLICE DEPARTMENT/VICE & INTELLIGENCE HARBOR DEPARTMENT REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: C2G Architects CONTACT: Michael Chait 818 781-1390 FOR: Code Amendment CA2004-004 DESCRIPTION: Request to amend District Map No. 18 to remove the note prohibiting construction and .landform alteration below 71.16 Mean Sea Level (MSL) as prohibited by the approval of Parcel Map No. 93-186 (Resubdivision No. 1002). The applicant proposes to construct a 24-foot retaining wall, a portion of which is below the 71.16 MSL elevation. LOCATION: 352 Hazel Drive REPORT REQUESTED BY: July 30, 2004 COMMISSION REVIEW (Tentative): September Check all that apply. ❑ No comments on the project as X Recommended conditions of approval are presented. attached. ❑ Application of Standard Code ❑ Application of Standard Code requirements or requirements are not expected to alter the attached conditions of approval will the project design. substantially impact or alter the design of the project. ❑ I contacted the applicant on to: ❑ schedule an appointment for Code review, ❑ discuss the following (attach separate sheet if necessary): ADDITIONAL COMMENTS (❑ see attached): Signature: Ext.`l Date: 7 / WIn Please indicate the a roximate time spent on reviewing this project: r .SlE MAP N .'r P� p �r rsOSA r Os„` SA' N OS_ ��•s, psi - OSq 's. �R .g •4L-� r Os q ,• 01 2 Os_ • -a , pS- -9 Two � & .-ritAeelrr R rlriaA. r : oFw reA. �t OYO .W.6rs lei. /-Y ..+✓. s.PAq rots .f6Ae-a .R/ /a a-L }, a<e A .61 !Fq a-ts .+A< //,E,Jf. �.EJ !R/f @wri .r✓A <It 'ry o<o Aft 7J.77 lor-A, TBw er /ar6 N • B..inr Jt•.ie y ter -A T.ewer "Or LL/+r to<oW- rr,,e OrACN RaT< /.To.r w•t to o. �! o-O. Ao. far o-C o ~r r .fe Jlrs/« ee .wrli et rb (�flC ` l I =2. AAa. e-d Cer 1, CTLY. J. -. � .I --v .;•: ,7 C•,•.W 900 ALL ,Sa•71 tens SA-§a,tl[s r. TEfeJ'17J:/ACWrf •J'/aB. GfL//Jew I•tJ� /Ab / /t;OAaV lFAYJCJr<e Jlr� IIO7VRV�LJ 7ei•C OAO K%90.1. IIEzo.c SPCCIFIC frAfE911Ea To V?< r.tr•!O DTL.:ro. <�771sOs7i 70.Jt -JA• eL< A-7.,L114: Ira ., MIC.r 1 N].,OC&. AEL 711e.) R-. ro R-t Jon '•7s• 92 0-0. re. 9i-<+ Resrra s•m.F. ru►ul.e+- Am I}-A-12 0/10. rr. 9<-IA 0ELEM 10 FROM? YAAD SETBACKS I-WMErf TC VKAflC AIIET AAO VACATeo &Leo oAIVe. LOTS SS. Ge,L1 fT0 RIA. A,?•AACT NO. 679 y_DT.gy I.e.�b +�0.11• E51M6LAS4 V FP6-1t {AGty •ET�AcY- ISO 3ror3 Sees. P¢. -7:b-Y \ALE OF FEET mo . Mo GCo 600 Mra SC. 4,_ tia qs J� •; 9.2 J�. , o�s� <�\ ,�,P� � �� '9/ v� .`�' P 9% ti° 'CSC` • v O v do � 9 ti ?s-+uTpPa qy�,°y PJ 9� tio' Rsr y� V 5J do R IV �w a 9 °• .m 9/ G�9 a° rPJ9/ G 'y NOTE: NO CONSTRUCTI ON LANOPoRM ALTERATI ON ofi rJ• Qp\ 9, � � oFL ?1 16 CON7oN PARCEI- ..Q _• 9/ _ - . MS;. a <uA DIV �S�O_� a0. l � .... r' .. .............................., DISTRICTING MAP NEWPORT BEACH — CALIFORNIA 11-a AGRICULTURAL RESIDENTIAL N-•.G MULTIPLE RESIDENTIAL R 1 SINGLE FAMILY RESIDENTIAL C-1 LIGHT COMMERCIAL R-2 DUPLEX RESIDENTIAL C-2 GENERAL COMMERCIAL MFR MULTIPLE FAMILY RESIDENTIAL rM-1 MANUFACTURING 0QM COMBINING DISTRICTS +� UNCLASSIFIED Front Yard OeDtFI in Feet Shown Th ORD. NO. 43S DEC, e4 . 19 SO City of Newport Beach PUBLIC WORKS DEPARTMENT July 16, 2004 TO: PLANNING DEPARTMENT FROM: Fong Ts Develop hntervices Engineer SUBJECT: FINDINGS AND CONDITIONS OF APPROVAL FOR DELETE ONE PARCEL MAP NO. 93-186 CONDITION (CA2004-004) 532 HAZEL DRIVE (24' HIGH RETAINING WALL) FINDINGS: 1. That Buck Gully is not a "seasonal stream" as suggested on the submitted plan. 2. That the existing slopes along both sides of Buck Gully have failed during previous storms. 3. That the proposed toe of wall is approximately 10' above the last known Q,00 HGL. 4. That the footing of the proposed wall will be below the last known Q,00 HGL. 5. That the condition "No construction or landform alteration will be permitted below the 71.16 feet above Mean Sea Level contour line..." was a condition of approval required by California Coastal Commission Development Permit (CDP) No. 5-94- 047. As such, the California Coastal Commission shall be the agency responsible for removing said condition. 6. That the proposed retaining wall will not intensify the need for on -site, on -street and off-street parking in comparison to past and current uses of the project site. 7. That public improvements may be required of the Applicant per the Municipal Code. CONDITIONS ON RETAINING WALL: 1. Provide written documentation that the California Coastal Commission has removed Special Condition No. 2.a "No construction or landform alteration..." from CDP No. 5-94-047. 2. Submit geotechnical report and recommendations from a California registered geotechnical engineer. The Report shall include a minimum of five (5) borings equally spaced across the width of the property and the elevations at which competent embedment material were encountered. 3. ' *The design of the proposed retaining wall shall be such that the structural 9 P P 9 integrity of the wall shall not be compromised in the event that the Buck Gully slope/embankment has failed and/or eroded either by storms or other forces. 4. Submit construction details showing how the slope/embankment below the proposed retaining wall will be reconstructed after the wall has been constructed. Emphasis shall be placed on how the slope/embankment will be protected from floods. The maximum graded slope gradient shall be 2H to M 5. Submit construction details as to how the proposed slope work at this property will impact the adjacent neighbors' properties. Submit written documentation from the impacted adjacent property owners that he/she has agreed to the applicant's work on his/her property. 6. Submit drainage details as to how the on -site runoff will be discharged so that the integrity of the slope/embankment below the proposed retaining wall will not be compromised. fe • h CHICAGO TITLE VARIANCE REPORT CERTIFICATION DATE: 9 OZ7 FOR: ^01,461- (f 1-/4, T COMPANY: C ZG- �/���� E'c %c12�' P4 sl" VARIANCE REPORT- 100 CV 500 Enclosed you will find the radius requested by you on Assessors Parcel Number: 052-- This radius has been prepared as a courtesy using the most current Assessors Tax Rolls and Equalized Plat Maps available to us, as per the County Requirements. While the information herein provided is believed to be correct, CHICAGO TITLE ASSUMES NO LIABILITY for any loss incurred by reason of reliance therein. B Csjwt�erranova — Customer Service Manager This package includes: MAPS, LABELS, and TAX ROLLS THANK YOU FOR CHOOSING CHICAGO TITLE - IRVINE 16969 VON KARMAN, SUITE 150 IRVINE, CALIF. 92606 949-263-2585 • ,� r fit: POPopertyPro)*e A Description of the Subject Property Ownership Information Primary Owner : KENNETH J & KIM CATANZARITE Secondary Owner : Ownership Description : Site Address : 352 HAZEL NEWPORT BEACH Mailing Address : 1 CANYON CT NEWPORT BEACH, CA 92660-5918 Telephone : Assessors Parcel No. : 052-182-45 Census Tract : 0000-00 Map Page Grid : N/A New Page Grid N/A Legal Description : P BK 294 PG 29 PAR 1 Housing Tract : 294- Property Details Use Code : VACANT -RESIDENTIAL Zoning : N/A Bedrooms : N/A Number of Units : N/A Bathrooms : N/A Year Built : 0 Parking : Unknown Lot Size : N/A View : N/A Square Feet : N/A Pool : N/A Total Rooms : N/A FirePlace : N/A GeoQuality : 9 Lot : 1 Tax Information Assessed Total : $317,365 Land Total : $309,114 Improvement : $8,251 % Improvement : 3% Exemption : N/A Tax Amount : $4,378.90 Tax Status : Current Year Delinquent : N/A Tax Rate Area : 7001 Sale Information Last Sale Date : N/A Lender N/A Document No. : N/A 1st Loan Amount N/A Sale Amount : N/A First Loan Type : N/A Last Trans W/O $ : January 10 1999 2nd Loan Amount N/A Last Doc W/O $ : 0000013685 Cost / Square Feet N/A Copyright© 1996-2003 DataQuick®. The above information is obtained from public documents and is not guaranteed. 4/8/2004 12:43:29PM Customer Service Rep: CHRIS TERRANOVA TOPS 6 ID: 54,910 Use Averyw TEMPLATE 5960TU 1.800.60 AVERY • aMy Celt V 11W you 1 .. 052-182-36 Edgar Lucidi *B* 328 Hazel Dr Corona Del Ma, CA 92625-3031 052-182-46 Kenneth J & Kim Catanzarite 1 Canyon Ct Newport Beach, CA 92660-5918 052-191-14 Richard Haskell 255 Evening Canyon Rd Corona Del Ma, CA 92625-2656 052-191-17 Nell Genovese 269 Evening Canyon Rd Corona Del Ma, CA 92625-2656 459-121-01 Charles Masters PO Box 116 Corona Del Ma, CA 92625-0116 459-123-03 Corona D Gallo 3345 Newport Blvd 203 Newport Beach, CA 92663-3839 0 Shorecliffs Property Owners Assn. c/o: The Emmons Company 17300 Redhill Avenue, Suite 210 Irvine, CA 92614 Corona del Mar Chamber of Comm. Attn: Luvena Hayton 2843 E. Coast Hwy. , P.O. Box 72 Corona del Mar, CA 92625 052-182-42 Hebert S & Harriet Malmon 344 Hazel Dr Corona Del Ma, CA 92625-3031 052-182-47 Bcdm Associates Llc WE-nerald 3901 E Coast Hwy Corona Del Ma, CA 92625-2556 052-191-15 Tr Ronnow 261 Evening Canyon Rd Corona Del Ma, CA 92625-2656 052-191-18 Witold Janas 273 Evening Canyon Rd Corona Del Ma, CA 92625-2656 459-123-01 James Rich 802 S Bayfront Newport Beach, CA 92652-1133 459-123-04 Auto Spa Of Corona Del Mar Ii 3345 Newport Blvd Newport Beach, CA 92663-3826 C2G Architects Attn: Michael Chait 14931 Califa Street, Suite A Van Nuys, CA 91411 Corona del Mar Res. Assoc. P.O. Box 1500 179 Corona del Mar, CA 92625 052-182-44 Stanley Behrens 1120 Colony Plz Newport Beach, CA 92660-6358 052-191-13 Tr Peterson 249 Evening Canyon Rd Corona Del Ma, CA 92625-2656 052-191-16 Robert Scholler 265 Evening Canyon Rd Corona Del Ma, CA 92625-2656 052-191-20 Haskell Shapiro 287 Evening Canyon Rd Corona Del Ma, CA 92625-2656 459-123-02 Sharon L Mccoy 70270 Mottle Cir Rancho Mirage, CA 92270-2421 *** 47 Printed *** Corona del Mar Comm. Assoc. Attn: Dick Nichols 519 Iris Avenue Corona del Mar, CA 92625 PA2004-076 for CA2004-004 352• Hazel Drive DATE OF MEETING: - ,s wi0965 ® mod a Aa3AV-0"013-1, �� wi096S 31V1dW31 efdw asn wortiene-mmm 5uRulAd eaq wer Jam free Printing wnting �� wwaverycom AVERY®5960TM Use Ave TEMPLATE 5960Ta 1-800-60 AVERY • 052-161-01 Tr Mcmenomy 332 Poinsettia Ave Corona Del Ma, CA 92625-3060 052-161-04 Louis Arcangelo 324 Poinsettia Ave Corona Del Ma, CA 92625-3060 052-161-18 Frank Rothrock 315 Poppy Ave Corona Del Ma, CA 92625-3024 052-161-21 Irene Tupman 609 36Th St Newport Beach, CA 92663-3206 052-161-24 Christopher R Williams 311 Poppy Ave Corona Del Ma, CA 92625-3024 052-181-17 Jarel Hosack 332 Poppy Ave Corona Del Ma, CA 92625-3023 052-181-21 Fpv Ii tnership 23 Colorado Blvd 500 asadena, CA 91101-2211 052-181-32 April, Chu 13701 Belle Rive Santa Ana, CA 92705-2848 052-181-35 Fpv Ii Part` 234 E C ado Blvd 500 Pas na, CA 91101-2211 052-182-31 Norman N Tillner 324 Hazel Dr Corona Del Ma, CA 92625-3031 052-161-02 Robert Miller 330 Poinsettia Ave Corona Del Ma, CA 92625-3060 052-161-05 Scott Merrill 322 Poinsettia Ave Corona Del Ma, CA 92625-3060 052-161-19 Leo Fracalosy 509 De Anza Dr Corona Del Ma, CA 92625-2606 052-161-22 Jason B Golding 325 Poppy Ave Corona Del Ma, CA 92625-3024 052-161-25 Michael & Kelly Meena 25129 The Old Rd 300 Stevenscn.Ran, CA 91381-2291 052-181-18 Antonio T Paredes 336 Poppy Ave Corona Del Ma, CA 92625-3023 052-181-24 Marily Wilson 318 Poppy Ave Corona Del Ma, CA 92625-3023 052-181-33 John & Gail Ueberroth 1400 Emerald Bay Laguna Beach, CA 92651-1277 052-182-20 Vijay P Acarwal 200 Oakland Ave NE 1 Albuquerque, NM 87122 052-162-32 James Mcdonald 320 Hazel Dr Corona Del Ma, CA 92625-3031 052-161-03 John S Crump *B* 328 Poinsettia Ave Corona Del Ma, CA 92625-3060 052-161-06 Marian Evans 320 Poinsettia Ave Corona Del Ma, CA 92625-3060 052-161-20 Michael S Ritter 321 Poppy Ave Corona Del Ma, CA 92625-3024 052-161-23 Walter Ziglar *M* 327 Poppy Ave Corona Del Ma, CA 92625-3024 052-162-02 Fpv Ii 234 E Colorado Blvd 500 Pasadena, CA 91101-2211 052-181-19 Michael & Jean Oneill 1134 Club Ct Riverside, CA 92506-4026 052-181-31 Fpv Ii 234 E orado Blvd 500 P dena, CA 91101-2211 052-181-34 Greg & Robin Sanders 346 Poppy Ave Corona Del Ma, CA 92625-3023 052-182-22 Jacqueline & Casala Wiseman 336 Hazel Dr Corona Del Ma, CA 92625-3031 052-182-35 Gari Andreini 7675 NE 14Th St Medina, WA 98039-3110 wi0965 ® mod a A113AV-0"08-L w1096S 3WdW31 maw ash woVtieAW MMn 5URUPd Owl wef it 1 Parcel:052-161-01 *P* Site:332 POINSETTIA AVE*CORONA DEL MAR CA 92625 Owner: MCMENOMY, TR Mail: 332 POINSETTIA AVE*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: Date: 00/00/2001 Lns: Doc:491621 Xmpt: Yb: 1980 Sgft:2, 835 Asd: $703, 580 Map: Blk:243 Lot: 34 BedBath: 3 /2. 5 Ltsz: 3,540 Imp:36% Un:1 2 Parcel: 052-161-02 Site: 330 POINSETTIA AVE*CORONA DEL MAR CA 92625 Owner: MILLER, ROBERT C TR Mail:330 POINSETTIA AVE*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: Date: 10/24/1994 Lns: Doc:626337 Xmpt: Y Yb: 1946 Sgft:720 Asd: $67, 972 Map: Blk: 243 Lot: 32 BedBath: 3 / 1. 0 Ltsz: 3,540 Imp:28%, Un: 1 3 Parcel: 052-161-03 *B* Site: 328 POINSETTIA AVE*CORONA DEL MAR CA 92625 Owner: CRUMP, JOHN S Mail: 328 POINSETTIA AVE*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: Date: 05/13/1996 Lns: Doc:238432 Xmpt: Y Yb: 1948 Sgft:1, 468 Asd: $104, 005 Map: Blk: 243 Lot: 30 BedBath: 2/2 .0 Ltsz: 5, 310 Imp:37%, Un: 1 4 Parcel:052-161-04 Owner: ARCANGELO, LOUIS A TR Use: SINGLE FAMILY RESIDENCE Ph: Lns: Doc:109318 Map: 13Ik:243 Lot: 26 5 Parcel: 052-161-05 Owner: MERRILL, SCOTT D TR Use: SINGLE FAMILY RESIDENCE Ph: Lns: $425, 000 DOc:184023 Map: 13Ik:243 Lot: 24 Site:324 POINSETTIA AVE*CORONA DEL MAR CA 92625 Mail:324 POINSETTIA AVE*CORONA DEL MAR CA 92625 Zn: Sale: Date:02/11/1994 Xmpt: Y Yb: 1947 Sgft:1, 753 Asd: $344, 987 BedBath: 2/1.0 Ltsz: 5, 310 Imp:81%- Un: 1 Site:322 POINSETTIA AVE*CORONA DEL MAR CA 92625 Mail:322 POINSETTIA AVE*CORONA DEL MAR CA 92625 Zn: Sale: $678, 500F Date: 03/26/1992 Xmpt: Y Yb: 1972 Sgft:2, 306 Asd: $835, 455 BedBath: 3/2.5 Ltsz: 3, 540 Imp:17%, Un: 1 6 Parcel: 052-161-06 *P* Site: 320 POINSETTIA AVE*CORONA DEL MAR CA 92625 Owner: EVANS, MARIAN Mail:320 POINSETTIA AVE*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: Date: Lns: Doc: Xmpt: Y Yb: 1941 Sgft:1, 357 Asd: $66, 539 Map: Bik: 243 Lot: 22 BedBath: 2/1.5 Ltsz: 3, 540 Imp:26% Un: 1 7 Parcel:052-161-18 *P* Owner: ROTHROCK, FRANK C TR Use: SINGLE FAMILY RESIDENCE Ph: Lns:$650,000 DOc:68232 Map: Bik: 243 Lot:15 8 Parcel:052-161-19 *P* Owner: FRACALOSY, LEO J TR Use: SINGLE FAMILY RESIDENCE Ph: Lns: Doc:117010779 Map: 13Ik:243 Lot:17 9 Parcel: 052-161-20 Owner: RITTER, MICHAEL S Use: SINGLE FAMILY RESIDENCE Ph: Lns:$1,460,000 Doc•1227307 Map: Blk:243 Lot: 21 10 Parcel: 052-161-21 Owner: TUPMAN, IRENE TR Use: SINGLE FAMILY RESIDENCE Ph: Lns: Doc: Map: 13Ik:243 Lot: 23 Site: 315 POPPY AVE*CORONA DEL MAR CA Mail:315 POPPY AVE*CORONA DEL MAR CA Zn: Sale: $980, OOOF Xmpt: Y Yb: 1979 Sgft:2, 982 BedBath: 3/3.0 Ltsz: 5, 310 Imp:20%, Site: 317 POPPY AVE*NEWPORT BEACH CA Mail:509 DE ANZA DR*CORONA DEL MAR CA Zn: Sale: $75, 000 Xmpt: Yb: 1980 Sgft:2, 141 BedBath: 3/3.0 Ltsz: 3, 540 Imp:44%, Site: 321 POPPY AVE*CORONA DEL MAR CA Mail:321 POPPY AVE*CORONA DEL MAR CA Zn: Sale: $1, 825, OOOF Xmpt: Yb: 1929 Sgft:2, 460 BedBath: 4/3. 0 Ltsz: 5, 310 Imp: 14%, 92625 92625 Date: 02/13/1996 Asd: $1, 124, 087 Un: 1 92625 Date: 04/12/1976 Asd: $170, 370 Un: 1 92625 92625 Date: 10/07/2003 Asd: $840, 823 Un: 1 Site: 323 POPPY AVE*NEWPORT BEACH CA Mail:609 36TH ST*NEWPORT BEACH CA 92663 Zn: Sale: $0 Date: 03/23/1998 Xmpt: Yb: 1939 Sgft:1, 036 Asd: $126, 177 BedBath: 2/2.0 Ltsz: 3, 540 Imp:61%' Un: 1 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Farms - 5 Line u Parcel: 052-161-22 Owner: GOLDING, JASON B Use: SINGLE FAMILY RESIDENCE Ph: Lns:$780,000 DOC:238912 Map: 13Ik:243 Lot: 25 12 Parcel:052-161-23 *M* Owner: ZIGLAR, WALTER M TR Use: SINGLE FAMILY RESIDENCE Ph: Lns: Doc:136150581 Map: Blk:243 Lot: 27 13 Parcel: 052-161-24 Owner: WILLIAMS, CHRISTOPHER R Use: SINGLE FAMILY RESIDENCE Ph: Lns: $500, 000 DOC:269917 Map: 13Ik:243 Lot: 29 14 Parcel:052-161-25 Owner: MEENA, MICHAEL & KELLY Use: SINGLE FAMILY RESIDENCE Ph: Lns:$862,500 Doc:1185666 Map: Blk:243 Lot: 33 15 Parcel:052-162-02 Owner: FPV II Use:VACANT - COMMERCIAL Ph: Lns: DOc: 44 213 2 Map: Blk: BB Lot: 2 16 Parcel:052-181-17 *P* Owner: HOSACK, JAREL C TR Use: SINGLE FAMILY RESIDENCE Ph: Lns: Doc: Map: Blk: A Lot: 9 17 Parcel:052-181-18 Owner: PAREDES, ANTONIO T Use:VACANT - RESIDENTIAL Ph: Lns: $740, 700 DOc:565897 Map: Blk: A Lot: 8 18 Parcel:052-181-19 Owner: ONEILL, MICHAEL & JEAN Use: SINGLE FAMILY RESIDENCE Ph: Lns: Doc:529385 Map: Blk: A Lot: 7 19 Parcel:052-181-21 Owner: FPV II PARTNERSHIP Use:VACANT - RESIDENTIAL Ph: Lns: Doc:457555 Map: Blk: A Lot: 4 20 Parcel:052-181-24 Owner: WILSON, MARILY P TR Use:VACANT - RESIDENTIAL Ph: Lns: Doc: 755293 Map: Blk: A Lot: 12 Site: 325 POPPY AVE*CORONA DEL MAR CA Mail:325 POPPY AVE*CORONA DEL MAR CA Zn: Sale: $1, 680, OOOF Xmpt: Yb:1947 Sgft:762 BedBath: 2/1.0 Ltsz: 3, 540 Imp:21%- Site: 327 POPPY AVE*CORONA DEL MAR CA Mail:327 POPPY AVE*CORONA DEL MAR CA Zn: Sale: $187, OOOP Xmpt: Y Yb: 1939 Sgft:1, 057 BedBath: 2/1.5 Ltsz: 4, 720 Imp:28%- Site: 331 POPPY AVE*CORONA DEL MAR CA Mail:311 POPPY AVE*CORONA DEL MAR CA Zn: Sale: $1, 600, OOOF Xmpt: Yb:1947 Sgft:1, 200 BedBath: 3/1.0 Ltsz: 4, 720 Imp:38%- 92625 92625 Date: 03 /04 /2003 Asd:$1,555,398 Un: 1 92625 92625 Date: 05/23/1980 Asd: $445, 635 Un: 1 92625 92625 Date: 03/12/2003 Asd: $1, 036, 946 Un: 1 Site: 333 POPPY AVE*NEWPORT BEACH CA Mail:25129 THE OLD RD 300*STEVENSON RANCH CA 91381 Zn: Sale: $1, 150, OOOF Date: 09/26/2003 Xmpt: Yb:1947 Sgft:768 Asd: $1,118,430 BedBath: 2/1.0 Ltsz: 4, 720 Imp:40%- Un: 1 Site: 3801 E COAST HWY*NEWPORT BEACH CA Mail:234 E COLORADO BLVD 500*PASADENA CA 91101 Zn: Sale: $1, 900, OOOF Date: 09/02/1988 Xmpt: Yb: 1961 Sqft: Asd: $1, 146, 698 BedBath: Ltsz: 21, 893 Imp:1% Un: Site: 332 POPPY AVE*CORONA DEL MAR CA 92625 Mail:332 POPPY AVE*CORONA DEL MAR CA 92625 Zn: Sale: $Q Date: 09/24/1998 Xmpt: Y Yb: 1951 Sgft: 950 Asd: $111, 208 BedBath: 3/2.0 Ltsz: 3, 040 Imp:37% Un: 1 Site: 336 POPPY AVE*CORONA DEL MAR CA 92625 Mail:336 POPPY AVE*CORONA DEL MAR CA 92625 Zn: Sale: $823, OOOF Date: 08/03/1999 Xmpt: Yb: 1942 Sgft:2, 236 Asd: $873, 373 BedBath: 5/3.0 Ltsz: 3,320 Imp:8% Un:1 Site: 341 HAZEL DR*NEWPORT BEACH CA Mail:1134 CLUB CT*RIVERSIDE CA 92506 Zn: Sale: Date:10/18/1996 Xmpt: Yb: 1949 Sgft:1, 792 Asd: $669, 098 BedBath: 3/2.0 Ltsz: 3, 560 Imp:1391 Un: 1 Site: 325 HAZEL DR*NEWPORT BEACH CA Mail:234 E COLORADO BLVD 500*PASADENA CA 91101 Zn: Sale: $300, OOOF Date: 09/13/1988 Xmpt: Yb: 1928 Sgft:1, 438 Asd: $382, 228 BedBath: 3/1.0 Ltsz: 3, 600 Imp:91k Un: 1 Site: 318 POPPY AVE*CORONA DEL MAR CA 92625 Mail:318 POPPY AVE*CORONA DEL MAR CA 92625 Zn: Sale: Date:00/00/2003. Xmpt: Y Yb: 1953 Sgft:953 Asd: $664, 129 BedBath: 2/1.0 Ltsz: 2, 960 Imp:9% Un: 1 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Farms - 5 Line 21 Parcel: 052-181-31 Site: 3801 E COAST HWY*NEWPORT BEACH CA Owner: FPV II Mail: 234 E COLORADO BLVD 500*PASADENA CA 91101 Use: COMMERCIAL - MISC Ph: Zn: Sale: $1, 900, OOOF Date: 09/02/1988 Lns: Doc:442132 Xmpt: Yb: 1936 Sgft:8, 897 Asd: $1, 315, 139 Map: Blk: A Lot: 1 BedBath: Ltsz: 12, 610 Imp:50%, Un: 22 Parcel: 052-181-32 *P* Site: 324 POPPY AVE*CORONA DEL MAR CA 92625 Owner: CHU,APRIL Mail: 13701 BELLE RIVE*SANTA ANA CA 92705 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: $729, OOOF Date: 12/15/1999 Lns: $583, 200 Doc:852112 Xmpt: Yb: 1941 Sgft:1, 270 Asd: $892, 876 Map: Blk: A Lot: 11 BedBath: 2/2.0 Ltsz: 2, 800 Imp:20%, Un: 1 23 Parcel: 052-181-33 Site: 328 POPPY AVE*NEWPORT BEACH CA Owner: UEBERROTH, JOHN & GAIL Mail: 1400 EMERALD BAY*LAGUNA BEACH CA 92651 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: $650, OOOF Date: 06/22/1998 Lns: $450, 000 Doc:393253 Xmpt: Yb: 1941 Sgft:1, 114 Asd: $790, 031 Map: Blk: A Lot: 10 BedBath: 2/1.0 Ltsz: 2, 840 Imp:151k Un: 1 24 Parcel: 052-181-34 *P* Site: 346 POPPY AVE*CORONA DEL MAR CA 92625 Owner: SANDERS, GREG & ROBIN Mail:346 POPPY AVE*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: (949) 644-0904 Zn: Sale: $590, OOOF Date: 02/07/1997 Lns: $400, 000 Doc:61478 Xmpt: Y Yb: 1977 Sgft:2, 051 Asd: $663, 477 Map: Blk: 11 Lot: 2 BedBath: 5/2.0 Ltsz: 5, 760 Imp:25%- Un: 1 25 Parcel: 052-181-35 Site: *NEWPORT BEACH CA Owner: FPV II PARTNERSH Mail: 234 E COLORADO BLVD 500*PASADENA CA 91101 Use: VACANT - RESIDENTIAL Ph: Zn: Sale: $300, OOOF Date: 09/13/1988 Lns: Doc:457555 Xmpt: Yb: Sgft: Asd: $12, 950 Map: Blk: Lot: 5 BedBath: Ltsz: 1, 440 Imp: 0% Un: 1 26 Parcel: 052-182-20 Site: 316 HAZEL DR*CORONA DEL MAR CA 92625 Owner: AGARWAL, VIJAY P Mail: 200 OAKLAND AVE NE 1*ALBUQUERQUE NM 87122 USe: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: $1, 425, OOOF Date: 01/23/2004 Lns: $997, 500 Doc:51097 Xmpt: Yb: 1949 Sgft:1, 540 Asd: $831, 279 Map: Blk: A Lot: 49 BedBath: 2/2.0 Ltsz: 3, 825 Imp:8% Un: 1 27 Parcel: 052-182-22 Site: 336 HAZEL DR*CORONA DEL MAR CA 92625 Owner: WISEMAN, JACQUELINE & CASALA Mail: 336 HAZEL DR*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: (949)760-1102 Zn: Sale: Date: 03/07/1988 Lns: Doc:101225 Xmpt: Y Yb: 1978 Sgft:1, 507 Asd: $312, 336 Map: Blk: A Lot: 54 BedBath: 3/2.5 Ltsz: 3, 825 Imp:54%- Un: 1 28 Parcel: 052-182-31 Site: 324 HAZEL DR*CORONA DEL MAR CA 92625 Owner: TILLNER, NORMAN N Mail:324 HAZEL DR*CORONA DEL MAR CA 92625 Use:SINGLE FAMILY RESIDENCE Ph: Zn: Sale: Date: Lns: Doc: Xmpt: Y Yb: 1957 Sgft:1, 980 Asd: $128, 345 Map: Blk: A Lot: 51 BedBath: 3/2.5 Ltsz: 2, 546 Imp:42%- Un: 1 29 Parcel: 052-182-32 Site: 320 HAZEL DR*CORONA DEL MAR CA 92625 Owner: MCDONALD, JAMES C TR Mail: 320 HAZEL DR*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: Date: 01/17/1992 Lns: Doc: Xmpt: Y Yb: 1957 Sgft:1, 600 Asd: $451, 927 Map: Blk: A Lot: 50 BedBath: 3/2.5 Ltsz: 2, 553 Imp:16% Un: 1 30 Parcel: 052-182-35 Site:332 HAZEL DR*NEWPORT BEACH CA Owner: ANDREINI, GARI B TR Mail: 7675 NE 14TH ST*MEDINA WA 98039 Use:VACANT - RESIDENTIAL Ph: Zn: Sale: $715, OOOF Date: 03/28/2000 Lns: Doc:156989 Xmpt: Yb: 1939 Sgft:802 Asd: $758, 763 Map: Blk: A Lot: 53 BedBath: 2/2.0 Ltsz: 3, 000 Imp:7%* Un: 1 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Farms - 5 Line 31 Parcel: 052-182-36 *B* Site:328 HAZEL DR*CORONA DEL MAR CA 92625 Owner: LUCIDI, EDGAR A TR Mail: 328 HAZEL DR*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCI Ph: Zn: Sale: Date: 12/30/1993 Lns: Doc:912905 Xmpt: Y Yb: 1965 Sgft:2, 083 Asd: $889, 707 Map: BIk:A Lot: 52 BedBath: 3/2.5 Ltsz: 2,240 Imp:18% Un:1 32 Parcel: 052-182-42 Site: 344 HAZEL DR*CORONA DEL MAR CA 92625 Owner: MALMON, HEBERT S & HARRIET F Mail: 344 HAZEL DR*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: $550, OOOF Date: 11/16/1994 Lns: $440, 000 Doc:663800 Xmpt: Y Yb: Sqft: Asd: $1, 100, 479 Map: 13Ik:1 Lot:2 BedBath: Ltsz: Imp:45't Un:1 33 Parcel: 052-182-44 *P* Site:340 HAZEL DR*NEWPORT BEACH CA Owner: BEHRENS, STANLEY TR Mail: 1120 COLONY PLZ*NEWPORT BEACH CA 92660 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: $375, OOOF Date: 11/30/1994 Lns: Doc:689340 Xmpt: Y Yb: Sqft: Asd: $1, 071, 564 Map: 13Ik:1 Lot:3 BedBath: Ltsz: Imp:59% Un:1 34 Parcel:052-182-46 Site: Owner: CATANZARITE, KENNETH J & KIM Mail: 1 CANYON CT*NEWPORT BEACH CA 92660 Use: VACANT - RESIDENTIAL Ph: Zn: Sale: Date: 01/10/1999 Lns: Doc: Xmpt: Yb: Sqft: Asd: $309, 245 Map: 13Ik:29 Lot:2 BedBath: Ltsz: Imp:0% Un: 35 Parcel: 052-182-47 Slte: 3901 E COAST HWY*CORONA DEL MAR CA 92625 Owner: BCDM ASSOCIATES LLC %EMERALD Mail: 3901 E COAST HWY*CORONA DEL MAR CA 92625 Use: COMMERCIAL - MISC Ph: Zn: Sale: Date: 09/19/1997 Lns: Doc: Xmpt: Yb: Sqft: Asd: $10, 415, 635 Map: Blk:29 Lot:3 BedBath: Ltsz: Imp:7o%- Un: 36 Parcel: 052-191-13 Site: 249 EVENING CANYON RD*CORONA DEL MAR CA 92625 Owner: PETERSON, TR Mail: 249 EVENING CANYON RD*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: $600, 000 Date: 08/14/1985 Lns: $400, 000 DOc:301832 Xmpt: Y Yb: 1961 Sqft:2, 654 Asd: $863, 198 Map: BIk: Lot: 133 BedBath: 3/4.0 Ltsz: 27, 000 Imp:28%, Un:1 37 Parcel: 052-191-14 *P* Site:255 EVENING CANYON RD*CORONA DEL MAR CA 92625 Owner: HASKELL, RICHARD J TR Mail: 255 EVENING CANYON RD*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: Date: 10/28/1997 Lns: Doc:539360 Xmpt: Y Yb: 1949 Sqft:2, 159 Asd: $2, 335, 655 Map: Blk: Lot: 134 BedBath: 4/3.0 Ltsz: 25, 916 Imp:37%, Un:1 38 Parcel: 052-191-15 Site: 261 EVENING CANYON RD*CORONA DEL MAR CA 92625 Owner: RONNOW, TR Mail: 261 EVENING CANYON RD*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: (949) 760-0333 Zn: Sale: $24, OOOF Date: 05/10/1968 Lns: DOC:85970898 Xmpt: YID: 1951 Sqft:1, 734 Asd: $117, 838 Map: Blk: Lot: 135 BedBath: 2/2.0 Ltsz: 20, 856 Imp:349i Un:1 39 Parcel: 052-191-16 Site: 265 EVENING CANYON RD*CORONA DEL MAR CA 92625 Owner: SCHOLLER, ROBERT W TR Mail: 265 EVENING CANYON RD*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: $66, OOOF Date: 11/16/1988 Lns: DOc:589186 Xmpt: Y Yb: 1966 Sgft:2, 954 Asd: $230, 044 Map: Blk: Lot: 136 BedBath: 5/4.0 Ltsz:18, 360 lmp:66% Un:1 40 Parcel: 052-191-17 Site: 269 EVENING CANYON RD*CORONA DEL MAR CA 92625 Owner: GENOVESE, NELL TR Mail:269 EVENING CANYON RD*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: $950, OOOF Date: 05/26/2000 Lns: Doc:276420 Xmpt: Y Yb: 1950 Sqft:1, 536 Asd: $671, 315 Map: BIk: Lot: 137 BedBath: 2/1.5 Ltsz: 15, 825 Imp:78%, Un:1 Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Farms - 5 Line 41 Parcel: 052-191-18 Site: 273 EVENING CANYON RD*CORONA DEL MAR CA 92625 Owner: JANAS, WITOLD M TR Mail: 273 EVENING CANYON RD*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: Zn: Sale: Date: 08/03/1995 Lns: DOc:333124 Xmpt: Y Yb: 1957 Sgft:1, 635 Asd: $111, 579 Map: Blk: Lot: 138 BedBath: 3/2.0 Ltsz:14, 495 Imp:36% Un: 1 42 Parcel: 052-191-20 Site:287 EVENING CANYON RD*CORONA DEL MAR CA 92625 Owner: SHAPIRO, HASKELL Mail: 287 EVENING CANYON RD*CORONA DEL MAR CA 92625 Use: SINGLE FAMILY RESIDENCE Ph: (949) 760-0155 Zn: Sale: $15, OOOF Date: 08/04/1964 Lns: Doc:71610976 Xmpt: Y Yb: 1953 Sgft:2, 106 Asd: $124, 403 Map: Bik: Lot: 139 BedBath: 4/2.0 Ltsz: 20, 640 Imp:45%, Un: 1 43 Parcel: 459-121-01 Site: 3800 E COAST HWY*NEWPORT BEACH CA Owner: MASTERS, CHARLES W TR Mail: PO BOX 116*CORONA DEL MAR CA 92625 Use: OFFICE - LOW RISE Ph: Zn: Sale: $700, OOOF Date: 11/07/1986 Lns: $750, 000 Doc:536969 Xmpt: Yb: 1960 Sgft:11, 533 Asd: $533, 230 Map: Blk: B Lot: 50 BedBath: Ltsz: 9, 400 Imp:61% Un: 44 Parcel:459-123-01 Site: 3838 E COAST HWY*CORONA DEL MAR CA 92625 Owner: RICH, JAMES E TR Mail: 802 S BAYFRONT*NEWPORT BEACH CA 92662 Use: STORES - OTHER Ph: Zn: Sale: Date: 10/18/1991 Lns: Doc: Xmpt: Yb: 1957 Sgft:2, 423 Asd: $327, 796 Map: Blk: B Lot: 52 BedBath: Ltsz: 3, 394 Imp:34% Un: 45 Parcel:459-123-02 Site:3840 E COAST HWY*CORONA DEL MAR CA 92625 Owner: MCCOY, SHARON L Mall: 70270 MOTTLE CIR*RANCHO MIRAGE CA 92270 Use: STORES - OTHER Ph: Zn: Sale: $350, OOOF Date: 04/30/1979 Lns: Doc:131240433 Xmpt: Yb: 1978 Sgft:2, 162 Asd: $518, 243 Map: Bik: B Lot: 53 BedBath: Ltsz: 3, 393 Imp:60% Un: 46 Parcel:459-123-03 Site: 3900 E COAST HWY*CORONA DEL MAR CA 92625 Owner: GALLO, CORONA D Mail:3345 NEWPORT BLVD 203*NEWPORT BEACH CA 92663 Use: OFFICE - LOW RISE Ph: Zn: Sale: $265, OOOF Date: 06/14/1995 Lns: $165, 000 DOc:252878 Xmpt: Yb: 1958 Sgft:431 Asd: $173, 961 Map: Blk: B Lot: 54 BedBath: Ltsz: 3, 393 Imp:6% Un: 47 Parcel:459-123-04 Site: 3916 E COAST HWY*CORONA DEL MAR CA 92625 Owner:AUTO SPA OF CORONA DEL MAR Mail:3345 NEWPORT BLVD*NEWPORT BEACH CA 92663 Use: MISCELLANEOUS Ph: Zn: Sale: $607, 500F Date: 06/17/1996 Lns: Doc:307210 Xmpt: Yb: Sgft: Asd: $188,110 Map: Blk: B Lot: 55 BedBath: Ltsz: 3,393 Imp:Olk Un: Copyright DataQuick Information Systems 1998-2000. The above information is sourced from public information and is not guaranteed. Farms - 5 Line 30NVtl0 JOAl NR07 53 -79 N! NA0H5 z >�B 9 139Vd 50 5O813�IAN 73.79Yd dVW slaosS3sSt7 P A9070 S,8I0SS3SSV - 310N r�s FL8 •IOW i 33yhrr�� \ S-mv, 7J'd 1 i wil ! sz- _ rlt J 59� r a� a�� biz the 1 J OS \ < ,'1 N ��►� 71t.d 1 t r —`Jrst j . Sr - •� y 1 1 a -so 7rdl M' • � At J� a 3�y s 8 t -ZSfl yt "4 SZ—MZ 'Ll—OZ 1 � 619 W717VdL 1 0 6#61 H_ m V L11Q o Lt . JOoz W55355V uNNW 3WW IN91NJ-W0 •a3�W3S3N S!/rJJt! 7w o3WWue3dr 38 m ltlN Sim L3�ua !!Di JJl7J6rl7 ANV 53Yl1SSV• NON sJVNlE7OV Sll OL .SV 331NVJ1•M ON S21M WSSNSV -W aw s3s9dw+d ld3a a9sS3ssv uum Nvav W! A d3Ad Sq dhr SJHJ THIS MAP SHOULD BE USED FOR REFERENCE PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. 1 DO 0 a N N • 3ONV80 d0 d1NnOO S370Hr0 NI AWONS 4 i 39Vd ZW YW9 SH3EWfW 73OdVd dVN S,HO5S3SSV P U0078 S,HOSS3SSV — MON y 4 v Aw lop 100-I•I N Fi[ 'ON 13vm si • Igo crw AlddOd I .u•K I a sZi I � I I ie I I --�Of i I X79 N I I I I .QD a Mn 0 a • s --- s _ •X7B E9 E ~ � Z9E IN •X78 z © s 139r�11 Y•Ib A. a Af AS .Y Ar .• Ac � I I I ' I I I 1 I I I 1 I 1 1 I Ir 52 i I` bZ 1 i ! Z t2 IZ 92 i 161 I t it I 730 I I I I I I A �p 1 10 rr I A r ez sr rz pS .SI u I AI se A s� r� rr a s r r it zr "I sz zz oz r 91 I .SS I it zr .S• I .. f of A 1 ,S. { a A. I A¢ I 9 pig, ql Ac I tt I I I I I { I I I - LA I I Ir A, sl I o a Ac I,, I ml *I I I.. fr'I I r'I I 117I�9 I I L�' 0 VUJ.VMod it . rmz wssassr A1=? 39PY V .UXl�NAdlx7 0 o3+a3s3a urn�+r rry Q3aR®i6L�a OI lON '5350 Ya![!0 4 AAl7l6YI7 ANY S3nKSE' eCW AIYAIrN7V S<r at SY ;3mrNmo oN S3Xvx lASSSSY 3NA THIS MAP SHOULD BE USED FOR REFERENCE PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. 3ONVYO dO AIN 103 S370810 NI NItONS Z 13DVd 6S6 Y009 SH39171N 730HYd dVK S,L/OSS3SSV 9 N3076 S,HOMSSY - MON £L 5-81 7V'd dW 73MVd 11-0IZ NIN £19 'OH INHI mow I.- na E c -- 1 at ` t.. w. O t•a � _L_ - 1 .u4 LO-£!r ly ss o OZ 6t BL Li a 6r OtSL 8f :o o .o o I al o lA ai 1 s - • m L9 'lI I 1=7 I s v 3A16V o.00b Ip - o.o0 040 br ff r f ez sz rz rz I .0 nl.0 ay a .D a Ar asYc sc cc , P ,n S s 9L 91 ¢ LI •cc NI 6/ ' f)Z IZ • ZZ• f.'• OZ �G) O O ZZL O ®O p$ � S � 061 H71 M s— A s _.► 19s i1O c u_ •Ir•d1 1 �s or f �0 JtsO ca N < as I 0 1 � A A 73ZVH ti i>1•-Ssl 91 9 •c'LD i01 0 Zt f 60 Z 1 @1 si N ly L v P f is 1 L v XN3AV Add9d Y V ,00y=>I FZ as THIS MAP SHOULD BE USED FOR REFERENCE PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. aum wss3ssv minim 3shm Ln97NAd070 '03A6r3S3N Siold 77Y -032fWW3830 OA iav •S3Sy! N3HL0 8Qd AJI "" ' ANY S3gI ' 1QI A7VLvmv uy 0i Sv 33Lxvxvm w ,, Am Wss3ssv Na A'iW S3SUdVW 'ld30 dfOSS3SSV ALh= 39Nvm W-4 03HYd3Nd N I- SINL O V_ 3J3OVd 40 .t1N009 5 S83SN NI NA10NS orm-9i Tm mu Vm 1JY4t1 6 j 30Vd iS0 a1008 St/39WI1N 739t1Vd dVK S,d0SS3SSV y N3078 S,d0SS3SSV - 31ON sla-09 VFW rL9 av 1012(1 6661 NNW 4 s _mow £002 dID5535SV AlIiVJD7 3AMO SIMId077 - �Z sf, '03M AVM 30 01 ION 0 S� �10 &Vj Al I710YI7 ANY SYMY 00N AJI4107.73r SJ1 OL SY 331MYYV ON S3.VW MOSSY 3N1 'A MJ 7AV 530d&"d •1d30 LM355Y AINW s 3MYND WJ 038Vd3Nd SVA dW SIM Q O� ® „►fitit on 107 £a o � O S » �+ s• 07 ch ¢e £ O P As 0 N $ f 9t ra O Q to Cf esa� ZI 11 O 1p�r O • � . � 8O � Ol O �m � N q, Sl •» rn � 161 j sa Q V9 VN �� U ,oar = o r A1a Q go ►V 'IV Ox z[ a00 O +[� r[ •v erA [a ' � (b AN 0 s0 lovw p U THIS MAP S ULD BE ED F EFERENCE PURPOSES ONLY. NO LIABILITY 4 P IS ASSUMED F CY OF THE DATA SHOWN. PARCELS MAY NOT Q8�9f. rAM V 6 —ZSO COMPLY WITH OCAL OBDIVISION OR BUILDING ORDINANCES. y a 81 00