HomeMy WebLinkAbout08_Collins Fluter Residence Coastal Development Permit_PA2018-184CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 15, 2018
Agenda Item No. 8
SUBJECT: Collins/Fluter Residence (PA2018-184)
Coastal Development Permit No. CD2018-079
SITE LOCATION: 1722 West Ocean Front
APPLICANT: William Guidero
OWNER: Jim Collins
PLANNER: Chelsea Crager, Associate Planner
949-644-3227, ccrager@newportbeachca.gov
LAND USE AND ZONING
General Plan: RT (Two Unit Residential)
Zoning District : R-2 (Two-Unit Residential)
Coastal Land Use Category: RT-D (Two Unit Residential - 20.0 - 29.9 DU/AC)
Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
The applicant requests a coastal development permit (CDP) to allow the demolition of an
existing three-unit residential building and construction of a new three-story, 3,754-square-
foot, single-family residence with an attached 581-square-foot, two-car garage. The project
includes landscape, hardscape, accessory structures, and subsurface drainage facilities
all within the confines of private property. The design complies with all applicable
development standards including height, setbacks, and floor area limits. No deviations
are requested. All proposed improvements are within the confines of private property and
are shown on the attached plans.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures), because it has no potential to have a significant effect on the environment;
and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2018-079 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The project is located in the R-2 Zoning District, which allows a maximum of two
residential dwelling units on a single legal lot, and is consistent with the City’s Coastal
Land Use Plan, General Plan, and Zoning Code. A CDP is required and the property
is not eligible for a Waiver for De Minimis Development because the property is
located in the Coastal Commission Appeal Area.
The property consists of one legal lot containing an existing three-unit residential
development. The neighborhood is predominantly developed with two- and three-
story, single-family and two-family residences. The design, bulk, and scale of the
proposed development is consistent with the anticipated neighborhood pattern of
development.
The proposed single-family residence and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1 below:
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (beach) 7 feet 7 feet
Sides 3 feet 3 feet
Rear (alley) 0 feet 0 feet
Allowable Floor Area 4,584 square feet 4,335 square feet
Allowable Third Floor Area 458 square feet 439 square feet
Open Volume Area 343 square feet 396 square feet
Parking 2 car garage 2 car garage
Height 24 feet flat roof
29 feet sloped roof
24 feet flat roof
29 feet sloped roof
Hazards
The project site fronts the Pacific Ocean but is separated from the shoreline by a
wide sandy beach and the Oceanfront boardwalk. The site is not protected by a
bulkhead or other protective device.
The finished floor elevation of the first floor of the proposed structure is 12.25 feet
based on the North American Vertical Datum of 1988 (NAVD88), which complies
with the minimum 9.0-foot (NAVD88) elevation standard for new structures.
A project-specific Coastal Hazards Report and Sea Level Rise Analysis was
prepared by GeoSoils, Inc., dated July 18, 2018. The report concludes that the
proposed project is reasonably safe from shoreline erosion due to the sufficient
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setback from the current shoreline and future shoreline with sea level rise . No
protective devices will be necessary to protect the proposed development from any
existing or anticipated future coastal hazards and that the proposed project will be
safe from coastal hazards for the next 75 years or more.
Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv),
the property owner will be required to enter into an agreement with the City waiving
any potential right to protection to address situations in the future in which the
development is threatened with damage or destruction by coastal hazards (e.g.,
waves, erosion, and sea level rise). The property owner will also be required to
acknowledge any hazards present at the site and unconditionally waive any claim to
damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will
need to be satisfied prior to the issuance of building permits for construction.
The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of building permits. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and CBC prior to building
permit issuance.
Water Quality
A Water Quality and Hydrology Plan (WQHP) was prepared by Thomas M. Ruiz,
Civil Engineer, dated August 7, 2018. The WQHP includes a polluted runoff and
hydrologic site characterization, a sizing standard for Best Management Practices
(BMPs), use of a low-impact development approach to retain the design storm runoff
volume on site, and documentation of the expected effectiveness of the proposed
BMPs. Construction plans will be reviewed for compliance with the approved WQHP
prior to building permit issuance.
The project design addresses water quality with a construction erosion control plan
that outlines temporary BMPs to be implemented during construction to minimize
erosion and sedimentation and to minimize pollution of runoff derived by
construction chemicals and materials. No water quality impacts to coastal waters
are anticipated based upon the location and elevation of the property.
The project includes a post construction drainage system that includes drainage and
percolation features designed to retain dry weather and minor rain event runoff on-
site. Any water not retained on-site is directed to the City’s storm drain system.
Public Access
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The project site is located between the nearest public road and the sea or shoreline;
however, the project will not affect the public’s ability to gain access to, use, and/or
view the coast and nearby recreational facilities. The existing residential development
neither provides nor inhibits public coastal access. Implementation Plan Section
21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the
provision of public access bear a reasonable relationship between the requirement
and the project’s impact and be proportional to the impact. In this case, the project
replaces a three-unit residential development with a new single-family residence.
Therefore, the project does not involve a change in land use, density or intensity that
will result in increased demand on public access and recreation opportunities.
Furthermore, the project is designed and sited so as not to block or impede existing
public access opportunities and development will occur within the confines of private
property.
The residential lot does not currently provide nor does it inhibit public coastal access.
The proposed scope of work involves the removal and replacement of an existing
three-unit residential development with a new single-family residence. Development
will occur within the confines of private property, and existing coastal access
conditions will not be affected. Coastal access is currently provided and will continue
to be provided by street ends throughout the Balboa Peninsula with access to the
beach and water.
The project site is not located adjacent to a coastal view road or public viewpoint,
as identified in the Coastal Land Use Plan. The project site is located adjacent to
a public beach. The project site may be located within the viewshed of distant
public viewing areas. However, the project will replace an existing three-unit
residential development with a new single-family residence that complies with all
applicable Local Coastal Program (LCP) development standards and maintains a
building envelope consistent with the existing and anticipated neighborhood
pattern of development. Therefore, the project does not have the potential to
degrade the visual quality of the Coastal Zone or result in significant adverse
impacts to public views.
Affordable Housing
Pursuant to NBMC Chapter 21.34 (Conversion or Demolition of Affordable Housing),
because of the project involves the demolition of three dwelling units located in a
single structure, it must be determined whether the proposed demolition activities
involve affordable dwelling units. If the units are determined to be affordable,
replacement of the affordable dwelling units are required to be provided on a one-
for-one basis.
The applicant for this project has submitted written evidence, included as Attachment
No. ZA 3, stating that two of the three units have been utilized as short-term lodging
for the past 30 years. The third unit was vacant at the time that the current property
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owner took ownership on September 24, 2018. Efforts of the current property owner
to reach out to the previous property owner for tenant income and rental rate
information were unsuccessful. Therefore, the existing residential units are not
determined to be affordable dwelling units and no replacement is required.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential to have a significant effect on the environment.
Class 3 exempts the construction and location of limited numbers of new, small facilities
or structures including a single-family residence in a residential zone. The proposed
project consists of the demolition of three residential units and the construction of a new
three-story 3,754-square-foot single-family residence and attached 581-squre-foot two-
car garage in the R-2 Zoning District.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the NBMC. Additionally, the item appeared on the agenda for this meeting,
which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
GBR/cc
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant Letter
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-079 TO DEMOLISH AN
EXISTING THREE-UNIT RESIDENTIAL STRUCTURE AND
CONSTRUCT A NEW THREE-STORY, SINGLE-FAMILY
RESIDENCE AND ATTACHED TWO-CAR GARAGE AT 1722
WEST OCEAN FRONT (PA2018-184)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Guidero, (“Applicant”), on behalf of Jim Collins,
(“Owner”), with respect to property located at 1722 West Ocean Front, requesting approval
of a coastal development permit.
2. The property is legally described as Lot 11, Block 17, of Tract 515 in Newport Beach.
3. The applicant proposed a coastal development permit to allow the demolition of an
existing three-unit residential building and construction of a new three-story, 3,754-square-
foot, single-family residence with an attached 581-square-foot, two-car garage. The
project includes landscape, hardscape, accessory structures, and subsurface drainage
facilities all within the confines of private property. The design complies with all
applicable development standards and no deviations are requested.
4. The subject property is designated RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-D (Two Unit Residential - 20.0 - 29.9 DU/AC) and the property is located
within the R-2 (Two-Unit Residential) Coastal Zone District.
6. A public hearing was held on November 15, 2018, in the Corona del Mar Conference
Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to and considered by the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), because it has no potential to have a significant effect on
the environment.
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2. Class 3 exempts the construction and location of limited numbers of new, small facilities
or structures including one residential duplex in a residential zone. The proposed project
consists of the demolition of an three-unit residential structure and construction of a new
three-story, 3,754-square-foot, single-family residence with an attached 581-square-foot
two-car garage in the R-2 Zoning District.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of
such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 4,584 square feet and the proposed gross
floor area is 4,335 square feet.
b. The proposed development will provide the minimum required setbacks, which are
seven feet along the front property line abutting the boardwalk, three feet along
each side property line, and zero feet along the rear property line abutting the
alley.
c. The highest guardrail is no more than 24 feet, measured from the established grade
level of 10.61 feet North American Vertical Datum of 19 (NAV88) and the highest
roof ridge is no more than 29 feet, measured from the established grade, which
complies with the maximum height limitation.
d. The project includes enclosed garage parking for two vehicles, which complies with
the minimum parking requirement for single-family residences with less than 4,000
square feet of livable floor area.
2. The neighborhood is predominantly developed with two- and three-story, single-family
and two-family residences. The proposed design, bulk, and scale of the development
will be consistent with the existing neighborhood pattern of development and expected
future development.
3. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to
enter into an agreement with the City waiving any potential right to protection to address
situations in the future in which the development is threatened with damage or destruction
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by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also
be required to acknowledge any hazards present at the site and unconditionally waive any
claim to damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need
to be satisfied prior to the issuance of building permits for construction.
4. The finished floor elevation of the first floor of the proposed structure is 12.25 feet based
on the North American Vertical Datum of 1988, which complies with the minimum 9.0-
foot (NAVD88) elevation standard for new structures. A project-specific Coastal Hazards
Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc., dated July 18,
2018. The report concludes that flooding, wave run up and erosion will not significantly
impact this property over the anticipated 75-year life of the proposed development.
5. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), because of the
project site’s proximity to coastal waters, a Water Quality and Hydrology Plan (WQHP) was
prepared by Thomas M. Ruiz, Civil Engineer, dated August 7, 2018. The WQHP includes
a polluted runoff and hydrologic site characterization, a sizing standard for Best
Management Practices (BMPs), use of a low-impact development design approach to
retain the storm runoff volume on site, and documentation of the expected effectiveness
of the proposed BMPs. Construction plans will be reviewed for compliance with the
approved WQHP prior to building permit issuance.
6. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and CBC prior to building permit issuance.
7. A post-construction drainage system will be installed that includes drainage and
percolation features designed to retain dry weather and minor rain runoff on-site to ensure
the project does not impact water quality. Any water not retained on-site is directed to the
City’s storm drain system.
8. The project design addresses water quality with a construction erosion control plan that
outlines temporary Best Management Practices (BMPs) to be implemented during
construction to minimize erosion and sedimentation, and to minimize pollution of runoff
derived by construction chemicals and materials. No water quality impacts to coastal
waters are anticipated based upon the location and elevation of the property. .
9. New landscaping will be verified for compliance with NBMC Section 21.30.075. A condition
of approval is included that requires drought-tolerant, and prohibits invasive species. Prior
to issuance of the building permits, the final landscape plans will be reviewed to verify
invasive species are not planted.
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10. The property is not located near designated public viewpoints or coastal view roads and
will not negatively impact public coastal views.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone .
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline;
however, the project will not affect the public’s ability to gain access to, use, and/or view
the coast and nearby recreational facilities. The existing residential development neither
provides nor inhibits public coastal access. Implementation Plan Section 21.30A.040
(Determination of Public Access/Recreation Impacts) requires that the provision of public
access bear a reasonable relationship between the requirement and the project’s impact
and be proportional to the impact. In this case, the project replaces a three-unit residential
development with a new single-family residence. Therefore, the project does not involve a
change in land use, density or intensity that will result in increased demand on public
access and recreation opportunities. Furthermore, the project is designed and sited so as
not to block or impede existing public access opportunities and development will occur
within the confines of private property.
2. The residential lot does not currently provide nor does it inhibit public coastal access. The
proposed scope of work involves the removal and replacement of an existing three-unit
dwelling with a new single-family. Development will occur within the confines of private
property, and existing coastal access conditions will not be affected. Coastal access is
currently provided and will continue to be provided by street ends throughout the Balboa
Peninsula with access to the water.
3. The project site is not located adjacent to a coastal view road or public viewpoint, as
identified in the Coastal Land Use Plan. The project site is located adjacent to a public
beach. The project site may be located within the viewshed of distant public viewing
areas. However, the project will replace an existing three-unit residential development
with a new single-family residence that complies with all applicable Local Coastal
Program (LCP) development standards and maintains a building envelope consistent
with the existing and anticipated neighborhood pattern of development. Therefore, the
project does not have the potential to degrade the visual quality of the Coastal Zone or
result in significant adverse impacts to public views.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
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1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-079, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations,
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF NOVEMBER, 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
3. Coastal Development Permit No. CD2018-079 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted
4. Prior to the issuance of a building permit, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint of the
bulkhead or other shoreline protective device. The agreement shall be binding against
the property owners and successors and assigns.
5. Prior to the issuance of a building permit, the property owner shall submit a notarized
signed letter acknowledging all hazards present at the site, assuming the risk of injury
or damage from such hazards, unconditionally waiving any claims of damage against
the City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
and all claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City’s approval of
development.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
coastal development permit.
8. This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if determined that the proposed uses or conditions under which it is be ing
operated or maintained is detrimental to the public health, welfare or materially injurious
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
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9. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right -of-way.
10. This Coastal Development Permit does not authorize any development seaward of the
private property.
11. Best Management Practices and Good Housekeeping Practices shall be implemented
prior to and throughout the duration of construction activity as designated in the
Construction Pollution Prevention Plan.
12. Prior to issuance of the building permits, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
13. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the coastal
development permit file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include architectural
sheets only and shall be reduced in size to 11 inches b y 17 inches. The plans shall
accurately depict the elements approved by this coastal development permit.
14. Prior to issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
15. Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non -invasive
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
16. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.
All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
17. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
18. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, wetland or their
buffers.
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19. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
20. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stockpiles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
21. Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
22. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
23. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In
compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and
similar construction activities shall occur between August 16 and January 31, outside of
the peak nesting period. If such activities must occur inside the peak nesting season from
February 1 to August 15, compliance with the following is required to prevent the taking of
native birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is
no longer observed. When the nest is no longer active, construction activity can
continue in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
24. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Collins/Fluter Residence including, but not limited to, Coastal Development
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Permit No. CD2018-079 (PA2018-184). This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages, which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
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Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Coastal Development Permit No. CD2018-079
PA2018-184
1722 West Ocean Front
Subject Property
18
Attachment No. ZA 3
Applicant Letter
19
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21
Attachment No. ZA 4
Project Plans
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26
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