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HomeMy WebLinkAbout20210318_Resolution_PC2021-008Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL April 1, 2021 William Guidero guiderodesign@gmail.com Subject: Coastal Development Permit No. CD2020-130 (PA2020-215) 413 & 413 ½ Edgewater Place Collins Residence Dear Mr. Guidero: It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Planning Commission on March 18, 2021 and is now within the required City appeal period until April 1, 2021. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF At the conclusion of both appeal periods, a building permit may be issued for the project. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, cc: Jim Collins Jim@jbcollinsinc.com 05-14-19 RESOLUTION NO. PC2021-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING ZONING CLEARANCE NO. ZC2021-009 AND AN AMENDMENT TO COASTAL DEVELOPMENT PERMIT NO. CD2020-130 FOR THE DEMOLITION OF AN EXISTING DUPLEX AND THE CONSTRUCTION OF ONE SINGLE-FAMILY RESIDENCE AND JUNIOR ACCESSORY DWELLING UNIT FOR THE PROPERTY LOCATED AT 413 AND 413 ½ EDGEWATER PLACE (PA2020- 215) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed on July 31, 2020, by William Guidero (“Applicant”), on behalf of Russell Fluter (“Owner”) with respect to property located at 413 and 413 ½ Edgewater Place, and legally described as Lot 8 of Block 2 in the Balboa Bayside Tract as more specifically described on Exhibit “A,” attached (“Property”), requesting approval of a coastal development permit (“CDP”) to allow for the demolition of the existing duplex and the construction of a new single-family residence and attached two-car garage (“original Project”). 2. A telephonic public hearing was held via Zoom on October 15, 2020, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. 3. At the conclusion of the hearing, the City of Newport Beach’s (“City”) Zoning Administrator approved CDP No. CD2020-130 finding the original Project compliant with Title 20 (Planning and Zoning) of the NBMC and Title 21 (Local Coastal Program Implementation Plan) subject to City and California Coastal Commission (“CCC”) appeal periods. 4. Subsequent to final approval, the original Project entered a required 14-calendar day City appeal period that concluded on October 29, 2020, without any appeal filed. Thereafter, the original Project entered a 10-business-day CCC appeal period. On November 21, 2020, an appeal (A-5-NPB-20-0068 (Collins)) was filed by the CCC. CCC found substantial issue(s) during the first step of the appeal review of the original Project, citing that “the proposal to demolish two housing units to construct one housing unit is inconsistent with the certified Local Coastal Program (“LCP”) for Newport Beach, which designates the site for two-unit residential development.” CCC also had concerns that the City’s approval would “set a negative precedent for future interpretation of the LCP, which would result in a cumulative reduction in housing density in areas that have been planned to more support DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B Planning Commission Resolution No. PC2021-008 Page 2 of 14 housing pursuant to the LCP.” The appeal was to be heard at the January 13, 2021, Coastal Commission meeting, but the Applicant decided to redesign the original Project prior to this meeting. 5. As a result of the original Project appeal, the Applicant worked with CCC staff to include a second unit with the proposed single-family residence in the form of a junior accessory dwelling unit (“JADU”). On January 11, 2021, the Applicant submitted to the City of Newport Beach (“City”) an amendment to the original Project application. The revised project proposes a three-story, 29’ tall, 2,234 square-foot single-family residence with a 421 square-foot JADU located above the attached 424 square-foot, 2-car garage (“revised Project”). If the revised Project is approved by the Planning Commission, CCC will have the ability to withdraw its appeal, consistent with Section 21.64.035 (Appeal to the Coastal Commission) of the NBMC. 6. The Property is designated RT (Two Unit Residential) by the City of Newport Beach General Plan Land Use Element and is located within the R-2 (Two-Unit Residential) Zoning District. The RT (Two Unit Residential) designation applies to a range of two-family residential dwelling units such as duplexes and townhomes. The R-2 (Two-Unit Residential) Zoning District is intended to provide for areas appropriate for a maximum of two residential dwelling units (i.e., duplexes) located on a single legal lot. 7. The Property is located within the coastal zone. The Coastal Land Use Plan category is RT-E (Two Unit Residential – 30.0 – 39.9 DU/AC) and it is located within the R-2 (Two-Unit Residential) Coastal Zoning District. The RT-E (Two Unit Residential – 30.0 – 39.9 DU/AC) designation applies to a range of two-family residential dwelling units such as duplexes and townhomes. The R-2 (Two-Unit Residential) Coastal Zoning District is intended to provide for areas appropriate for a maximum of two residential dwelling units (i.e., duplexes) located on a single legal lot. 8. A telephonic public hearing was held by the Planning Commission on March 18, 2021, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The revised Project is categorically exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the demolition of up to three single-family residences and additions of up to 10,000 square feet to existing structures. The revised Project consists of the demolition of a duplex and the construction of a three-story, 29’ tall, 2,234 square-foot DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B Planning Commission Resolution No. PC2021-008 Page 3 of 14 single-family residence with a 421 square-foot JADU located above the attached 424 square-foot, 2-car garage. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The location of the revised Project does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the 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. Coastal Land Use (CLUP) Policy 2.2.1 (Location of New Development) directs “to allow redevelopment and infill development within and adjacent to the existing developed areas in the coastal zone subject to the density and intensity limits and resource protection policies of the Coastal Land Use Plan.” In keeping with this Policy, the revised Project will replace an existing duplex in a residential neighborhood with a new single- family residence and JADU (i.e., two units). The residential character of the neighborhood would be maintained by the revised Project and density would not exceed the allowed maximum of two units. The Property’s RT-E designation applies to a range of two-family residential dwelling units such as duplexes and includes single-family development as named in Table 21.18-1 of the Implementation Plan (Allowed Uses) for the R-2 Coastal Zoning District. 2. CLUP Policy 2.8.1-2 holds, “Design and site new development to avoid hazardous areas and minimize risks to life and property from coastal and other hazards.” The project does not require any new shoreline protective devices to protect future development on the property, as discussed in the Coastal Hazards Report and Sea Level Rise Analysis prepared by Geosoils, Inc. The report concludes that the revised project will be safe from flooding hazards for the next 75 years with the flood protection curb as conditioned. The finish floor elevation of the revised project is 9.25 feet NAVD88, which complies with the minimum 9-foot NAVD88 elevation standard. 3. The revised Project is a three-story, single-family residence with a JADU that is consistent with the design, bulk, and scale of the existing neighborhood pattern of development. The Property is zoned R-2 and currently developed with a residential duplex. The R-2 designation is intended to provide for a maximum of two residential dwelling units located on a single legal lot. Existing uses in the neighborhood are both single-family and duplexes wherein structures range from two to three stories tall. Along the 400 block of Edgewater Place that contains the Property and the 400 block of East DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B Planning Commission Resolution No. PC2021-008 Page 4 of 14 Bay Avenue, single-family development is the majority use with just 6 of the 20 R-2 sites as duplexes. 4. The revised Project proposes to demolish the existing duplex on-site to construct a single-family residence and attached JADU that adheres to all applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, parking, and density. a. Table 21.18-1 of the Implementation Plan (Allowed Uses) identifies that a R-2 property may be developed with a single-unit dwelling and associated accessory dwelling unit. b. The maximum floor area limitation is 3,154 square feet, where the proposed gross floor area is 3,081 square feet (accounting for the attached garage and JADU). c. The revised Project provides the minimum required setbacks, which are 7 feet along the front property line abutting Edgewater Place, 3 feet along each side property line and five feet along the rear property line abutting the alley. d. The revised Project will maintain the minimum open volume required on the lot of 237 square feet. e. The highest guardrail is less than 24 feet from established grade (9.25 foot North American Vertical Datum of 1988 (NAVD88) and the highest ridge is no more than 29 feet from established grade, which are compliant with the maximum height requirements. f. The revised Project includes garage parking for a total of two vehicles, complying with the minimum two-car garage parking requirement for single-family residences with less than 4,000 square feet of habitable floor area. Pursuant to Subsection 20.48.200.8.d.i (Accessory Dwelling Units, Parking) of the NBMC, no additional parking shall be required for JADUs. 5. Since the revised Project involves the demolition of two dwellings in one structure, the Mello Act, NBMC Section 21.34 (Conversion or Demolition of Affordable Housing), and Coastal Land Use Policy 2.7-2 do not apply. 6. An LCP amendment has been prepared by staff and submitted for review to the California Coastal Commission (City of Newport Beach Local Coastal Plan Amendment 1-20, LCPA-5-NPB-20-0025-1) that seeks to update NBMC Section 21.48.200 (Accessory Dwelling Units) consistent with recent changes in State laws. The revised Project, as designed, would comply with current State law and conform to the proposed LCP amendment. The revised Project includes an attached JADU to the single-family residence and possesses the following characteristics: a. Measures 421 square feet in area and located on the second floor; b. Features an independent entrance from the principal residence through a side yard and an internal connection with the principal residence on the second floor; DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B Planning Commission Resolution No. PC2021-008 Page 5 of 14 c. Contains a bedroom/living area, bathroom, and kitchen; and d. Matches the principal dwelling with respect to architectural style, roof pitch, color, and materials. 7. Per NBMC Subsection 20.48.200(H) (Accessory Dwelling Units, Deed Restriction and Recordation Required) and Implementation Plan Subsection 21.48.200(E) (Accessory Dwelling Units, Development Standards), the revised Project is conditioned to require the recordation of a deed restriction that will prohibit the use of the JADU for short-term rentals (i.e., less than 30 days), prevent sale of the ADU separate from the principal dwelling, and require owner-occupancy in either the principal dwelling unit or the junior accessory dwelling unit as the owner’s legal domicile and permanent residence. 8. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by GeoSoils, Inc. dated January 27, 2021, for the revised Project. The Property is protected from the bay by a City-owned bulkhead, which reaches a height of approximately 8.6 feet (NAVD88). The bulkhead that protects the Property is part of a larger bulkhead system, which surrounds sections of the peninsula. No changes to the bulkhead are proposed. The current maximum bay water elevation is 7.7 feet (NAVD88). The report analyzes future sea level rise scenarios assuming a 2.9’ increase in the maximum water level over the next 75 years (i.e., the life of the structure). Therefore, the sea level is estimated to reach approximately 10.65 feet (NAVD88) - (the likely range for sea level rise over 75-year design life of the structure based on low risk aversion estimates for sea level rise provided by the State of California, Sea Level Rise Guidance: 2018 Update). However, the bulkhead is not privately owned and the Owner does not have the ability to raise the City-owned bulkhead. Therefore, a waterproofing curb is proposed to be constructed around the perimeter of the building that would protect against flooding up to an elevation of 10.65 feet (NAVD88). Flood shields (sandbags and other barriers) can be deployed across the openings to protect and prevent flooding to the structure. The report concludes that the revised Project will be safe from flooding hazards for the next 75 years with the flood protection curb. The revised Project has been conditioned to require the proposed waterproofing curb. The finish floor elevation of the revised Project is 9.25 feet (NAVD88), which complies with the minimum 9-foot (NAVD88) elevation standard. 9. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) (Natural Landform and Shoreline Protection, Development Standards, Protective Structures), the Owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The Owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c) (General Site Planning and Development Standards, Water Front Development, Development Standards). Both requirements are included as conditions of approval that will need to be satisfied prior to final building inspection, and prior to the issuance of building permits, respectively. 10. 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 DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B Planning Commission Resolution No. PC2021-008 Page 6 of 14 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. 11. The revised Project is adjacent to coastal waters. A Construction Erosion Control Plan was provided to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. The revised Project design also addresses water quality through the inclusion of a post construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event runoff onsite. Any water not retained onsite is directed to the City’s storm drain system. 12. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP was prepared for the original Project by Thomas M. Ruiz, Civil Engineer, on July 29, 2020. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of a LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. A final WQHP will be prepared and reviewed as part of the building permit plan check process. 13. Proposed landscaping will comply with Section 21.30.075 (Landscaping) of the NBMC. Condition of Approval No. 22 is included that requires drought-tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 14. The Property is not located adjacent to a coastal view road or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is in Peninsula Park and is not visible from the Property. The Property is located adjacent to a public access way of Edgewater Place (boardwalk), which is accessible to the public and provides some opportunities to view the bay. As currently developed, the existing property and other residences along Edgewater Place are located within the view shed of the bay. However, the revised Project complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Additionally, the revised Project does not contain any unique features that could degrade the visual quality of the coastal zone. 15. The revised Project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to existing public views. The front of the revised Project, which is visible from Edgewater Place, contains architectural treatments and visual interest in keeping with the design guidelines of the Title 20 (Planning and Zoning) of the NBMC. Fronting the bay, the development’s covered decks on the first and second levels separate the proposed dwelling from the setback approximately five feet, helping to relieve massing from the boardwalk. Stone veneer, stainless steel, and cedar features accent large floor-to-ceiling glass door systems to form an integrated design consistent with the surrounding development. DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B Planning Commission Resolution No. PC2021-008 Page 7 of 14 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 Property is located between the nearest public road and the sea or shoreline. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact, and be proportional to the impact. In this case, the revised Project replaces an existing duplex located on standard R-2 lot with a new single-family residence and JADU. 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 revised Project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical access to the bay is available at the ends of the block, along Cypress Street and Adams Street. Lateral access is available adjacent to the Property, along the existing public boardwalk. There is a pedestrian walkway easement along the boardwalk to ensure public access, as decided by Orange County Superior Court Case No. 169606 (P. A. Cassel vs. City of Newport Beach, et al). The revised Project does not include any features that would obstruct access along these routes and no construction is proposed bayward of the Property. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The revised Project has been determined to be categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Section 15303 - Class 3 (New Construction or Conversion of Small Structures). The exceptions to these categorical exemptions under Section 15300.2 are not applicable. The revised Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 2. The Planning Commission of the City of Newport Beach hereby approves the amendment to Coastal Development Permit No. CD2020-130 and Zoning Clearance No. ZC2021-009, subject to the conditions set forth in Exhibit “B,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B Planning Commission Resolution No. PC2021-008 Page 8 of 14 the Community Development Director in accordance with the provisions of Title 21 (Local Coastal Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the NBMC and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF MARCH 2021. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: ABSTAIN: ABSENT: BY:_________________________ Erik Weigand, Chairman BY:_________________________ Lauren Kleiman, Secretary DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B Planning Commission Resolution No. PC2021-008 Page 9 of 14 EXHIBIT “A” Legal Description DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B Planning Commission Resolution No. PC2021-008 Page 10 of 14 EXHIBIT “B” CONDITIONS OF APPROVAL Project-Specific Conditions are Italicized Planning Division 1. The revised Project shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Prior to issuance of building permits, the revised Project plans must be updated to reflect that a waterproofing curb will be constructed around the proposed residence as an adaptive flood protection device up to 10.65 feet (NAVD88). Flood shields (sandbags and other barriers) can be deployed across the openings to protect prevent flooding to the structure. 3. Prior to final building permit inspection, an agreement in a form approved by the City Attorney between the Owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices 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 Owners and successors and assigns. 4. Prior to the issuance of a building permit, the Owner shall submit a notarized and signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of development. This letter shall be scanned into the plan set prior to building permit issuance. 5. Prior to the issuance of a building permit, the Owner shall record a deed restriction with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The deed restriction document shall notify future owners of the owner occupancy requirements, prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the junior accessory dwelling unit exists on the lot. 6. 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, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B Planning Commission Resolution No. PC2021-008 Page 11 of 14 7. This CDP for the revised Project does not authorize any development seaward of the Property. 8. 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. 9. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 10. 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. 11. 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. 12. 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. 13. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 14. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B Planning Commission Resolution No. PC2021-008 Page 12 of 14 15. 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. 16. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained 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. 17. Prior to the issuance of building permits, the Applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 18. Prior to the issuance of building permits, the Applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 19. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “B” shall be incorporated into the Building Division and field sets of plans. 20. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development 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 by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 21. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and approved by the Building Division. Implementation shall be in compliance with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 22. 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. 23. 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. 24. Prior to the issuance of building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B Planning Commission Resolution No. PC2021-008 Page 13 of 14 25. 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 Owner or agent. 26. This revised Coastal Development Permit No. CD2020-130 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 NBMC, unless an extension is otherwise granted. 27. 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 Residence Appeal Amendment including, but not limited to, Coastal Development Permit No. CD2020-130 and Zoning Clearance No. ZC2021-009 (PA2020- 215). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division 28. Comply with California Building Code requirements related to kitchen and living area of the junior accessory dwelling unit. 29. The principal structure and the junior accessory dwelling unit must meet sound and fire rated construction required of a duplex. Public Works 30. All improvements shall be constructed as required by Ordinance and the Public Works Department. 31. Each unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade box and cover. 32. An encroachment permit is required for all work activities within the public right-of-way. 33. The existing public walkway along Edgewater Place shall be maintained. DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B Planning Commission Resolution No. PC2021-008 Page 14 of 14 34. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 35. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 36. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. DocuSign Envelope ID: DDA81C7E-8294-4CE6-845F-B758D629731B