HomeMy WebLinkAbout03_Turner Residence Addition and Remodel CDP_PA2022-103
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 25, 2022
Agenda Item No. 3
SUBJECT: Turner Residence Addition and Remodel (PA2022-103)
▪ Coastal Development Permit No. CD2022-028
SITE LOCATION: 2801 Circle Drive
APPLICANT: Ron Ritner of Ritner Group
OWNER: Rusty Turner, as Trustee of the Turner Family Trust
PLANNER: Benjamin M. Zdeba, AICP, Principal Planner
949-644-3253 or bzdeba@newportbeachca.gov
LAND USE AND ZONING
• General Plan Land Use Plan Category: Single Unit Residential Detached (RS-D)
• Zoning District: Single-Unit Residential (R-1)
• Coastal Land Use Plan Category: Single Unit Residential Detached - (6.0 - 9.9
DU/AC) (RSD-B)
• Coastal Zoning District: Single-Unit Residential (R-1)
PROJECT SUMMARY
A coastal development permit (CDP) to allow an addition and remodel for an existing two-
story single-family residence. The proposed project would add approximately 2,130
square feet of living area. The existing substandard garage would be demolished and
replaced with a new approximately 633-square-foot three-car garage. The total new
building area would be approximately 6,970 square feet. The proposed project includes
appurtenances such as new landscaping, site walls, and on-site drainage. The design
complies with all applicable development standards, including height, setbacks, parking,
and floor area limits. No deviations are requested.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it
has no potential to have a significant effect on the environment and the exceptions to
the Class 3 Exemption do not apply; and
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2022-028 (Attachment No. ZA 1).
DISCUSSION
Land Use and Development Standards
• The subject property is in the R-1 Coastal Zoning District, which provides for single-
unit residential development and is consistent with the City’s Coastal Land Use Plan,
General Plan, and Zoning Code.
• A coastal development permit is required since the project includes an addition
greater than 10 percent of the existing floor area on a site that is located between the
first public road paralleling the sea and the sea. The property is not eligible for a
waiver for de minimis development because the property is in the Coastal
Commission Appeal Area.
• The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with two-story single-
family residences, as evidenced by the aerial provided as Attachment No. ZA 2 to
this report. The proposed design, bulk, and scale of the development are
consistent with the existing neighborhood pattern of development and expected
future development consistent with applicable development standards.
• The proposed remodeled 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 10 feet 10 feet
Side 4 feet Between 4 and 7 feet
Rear 10 feet 10 feet
Allowable Floor Area (max.) 19,440 square feet 6,970 square feet
Open Space (min.) 1,458 square feet 3,720 square feet
Parking (min.) 3-car garage 3-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
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Hazards
• The project site is approximately 400 feet from the water and is separated by Bay
Shore Drive, Circle Drive, and existing intervening residential development. The
project site is not protected by a bulkhead.
• The lowest finish first-floor elevation of the remodeled residence is 14.47 feet
based on the North American Vertical Datum of 1988 (NAVD 88), which exceeds
the minimum required 9.00-foot (NAVD 88) elevation standard.
• The property is in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code (CBC) and
Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved before the
issuance of building permits. Permit issuance is also contingent on the inclusion of
design mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and California Building Code (CBC) before
building permit issuance.
Water Quality
• The property is not located on the shoreline nor is it located within 100 feet of coastal
waters. The project design addresses water quality with a construction erosion
control plan and a post-construction drainage system that includes drainage and
percolation features designed to retain dry weather and minor rain event run-off on-
site. Any water not retained on-site is directed to the City’s storm drain system.
• 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 from construction chemicals and materials. No water
quality impacts to coastal waters are anticipated based upon the location and
elevation of the property
Public Access and Views
• The project site is located between the nearest public road and the sea or shoreline
in the private community of Bayshores. Developed in 1941, Bayshores is a 258-lot,
single-family gated community located on the Lido Channel, southwest of Coast
Highway and Newport Bay Bridge. The 39-unit Anchorage Apartment complex is also
located within the community. The community is accessible from West Coast
Highway via Bay Shore Drive, a private street. The shoreline is on the south and east
sides of the community and consists of bulkheads and two small sandy beaches.
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• Coastal Land Use Plan Policy 3.1.5-3 requires public access consistent with public
access policies for any new development in private/gated communities causing or
contributing to adverse public access impacts. Section 21.30A.040 (Determination of
Public Access/Recreation Impacts) of the Newport Beach Municipal Code (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 project remodels and adds to an existing single-family residence.
Therefore, the project does not involve a change in land use, density, or intensity that
will result in increased demand for public access and recreation opportunities.
Furthermore, the project is designed and sited so as not to block or impede existing
public access opportunities.
• The residential lot does not currently provide, nor does it inhibit public coastal access.
Vertical and lateral access to the bayfront is available adjacent to Bayshores at the
Balboa Bay Club, immediately west of the community.
• The project site is not located adjacent to a coastal view road segment, public
viewpoint, public park, public beach, or public accessway, as identified in the Coastal
Land Use Plan. Furthermore, an investigation of the project site and surrounding area
did not identify any other public view opportunities. The project site may be located
within the viewshed of distant public viewing areas; however, the project will improve
an existing single-family in a way that perpetuates compliance with all applicable
Local Coastal Program development standards and maintains a building envelope
consistent with the existing neighborhood pattern of development. Therefore, the
project does not have the potential to degrade the visual quality of the Coastal Zone
or result in significant adverse impacts on public views.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a
significant effect on the environment.
The Class 1 Exemption allows additions to existing structures provided the increase will
not be more than 50 percent of the existing floor area or 2,500 square feet, whichever is
less.
The Class 3 Exemption allows the demolition of up to three single-family residences and
additions of up to 10,000 square feet to existing structures. The proposed project is
remodeling and additions to one existing single-family residence; therefore, it is consistent
with these Exemptions.
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Furthermore, there are no known exceptions listed in CEQA Guidelines Section 15300.2
that would invalidate the use of this exemption. The project location does not impact an
environmental resource of hazardous or critical concern, does not result in cumulative
impacts, does not have a significant effect on the environment due to unusual
circumstances, does not damage scenic resources within a state scenic highway, and is
not a hazardous waste site, and is not identified as a historical resource.
PUBLIC NOTICE
Notice of this public hearing was published in the OC Register, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal Program
[LCP] Implementation Plan) of the Newport Beach Municipal Code. The final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the
Coastal Act. For additional information on filing an appeal, contact the Planning Division at
949-644-3200.
Prepared by:
_____________________
Benjamin M. Zdeba, AICP
Principal Planner
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map and Oblique Aerial
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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10-18-2021
RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2022-028 TO ALLOW
REMODELING AND AN ADDITION TO AN EXISTING TWO (2)-
STORY SINGLE-FAMILY RESIDENCE, INCLUDING
CONSTRUCTION OF A NEW THREE (3)-CAR GARAGE
LOCATED AT 2801 CIRCLE DRIVE (PA2022-103)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ron Ritner of Ritner Group (Applicant), with respect to property
located at 2801 Circle Drive, requesting approval of a coastal development permit.
2. The property is legally described as Lots 46 and 47 of Tract No. 1014.
3. The Applicant proposes an addition and remodel for an existing two (2)-story single-
family residence. The proposed project would add approximately 2,130 square feet of
living area. The existing substandard garage would be demolished and replaced with a
new approximately 633-square-foot three (3)-car garage. The total new building area
would be approximately 6,970 square feet. The proposed project includes
appurtenances such as new landscaping, site walls, and on-site drainage. The design
complies with all applicable development standards, including height, setbacks, parking,
and floor area limits. No deviations are requested.
4. The subject property is categorized Single Unit Residential Detached (RS-D) by the
General Plan Land Use Element and is located within the Single-Unit Residential (R-1)
Zoning District.
5. The subject property is in the coastal zone. The Coastal Land Use Plan category is Single
Unit Residential Detached - (6.0 - 9.9 DU/AC) (RSD-B) and it is located within the Single-
Unit Residential (R-1) Coastal Zone District. A coastal development permit is required
since the project includes an addition greater than 10 percent of the existing floor area on
a site that is located between the first public road paralleling the sea and the sea.
6. A public hearing was held on August 25, 2022, online via Zoom. A notice of time, place,
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15301 and 15303, Division 6, Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing
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Zoning Administrator Resolution No. ZA2022-###
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Facilities) and Class 3 (New Construction or Conversion of Small Structures) because it
has no potential to have a significant effect on the environment.
2. The Class 1 Exemption allows additions to existing structures provided the increase will
not be more than 50 percent of the existing floor area or 2,500 square feet, whichever
is less. The Class 3 Exemption allows the demolition of up to three (3) single-family
residences and additions of up to 10,000 square feet to existing structures. The
proposed project is remodeling and additions to one (1) existing single-family residence;
therefore, it is consistent with these Exemptions.
3. The exceptions to the Class 3 Exemption under Section 15300.2 are not applicable. The
project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, and 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 (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. 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 19,440 square feet and the proposed floor
area is 6,970 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the front property line abutting Waverly Drive, 4 feet along the side
property line abutting Circle Drive, and 10 feet along the rear property line
consistent with an easement for ingress and egress. There is an existing 6-foot-tall
wooden fence that has been in existence since at least 2001 and encroaches into
the required front setback area. The fence is not being modified and is existing to
remain.
c. The highest flat roof element is less than 24 feet from established grade (13.69 feet
based on the North American Vertical Datum of 1988 [NAVD 88]) and the highest
ridge is no more than 29 feet from established grade, which comply with the
maximum height requirements.
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d. The project includes garage parking for a total of three (3) vehicles, complying with
the minimum three (3)-car garage parking requirement for single-family residences
with 4,000 square feet or more of habitable floor area.
2. The neighborhood is predominantly developed with two (2)-story, single-family
residences. The proposed design, bulk, and scale of the development are consistent
with the existing neighborhood pattern of development.
3. The project site is approximately 400 feet from the water and is separated by Bay Shore
Drive, Circle Drive, and existing intervening residential development. The project site is
not protected by a bulkhead.
4. The lowest finish floor elevation of the remodeled single-family residence is 14.47 feet
(NAVD 88), which complies with the minimum 9.00 feet (NAVD 88) elevation standard.
5. The property is in an area known for the potential of seismic activity and liquefaction. All
projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved 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.
6. The property is located within 400 feet of coastal waters. A Construction Erosion Control
Plan was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived from construction chemicals and materials. The project design also
addresses water quality through the inclusion of a post-construction drainage system that
includes drainage and percolation features designed to retain dry weather and minor rain
event runoff on-site. Any water not retained on-site is directed to the City’s storm drain
system.
7. All proposed landscaping will comply with Section 21.30.075 (Landscaping) of the
NBMC. A condition of approval is included that requires drought-tolerant species. Prior
to the issuance of building permits, the final landscape plans will be reviewed to verify
invasive species are not planted.
8. The project site is not located adjacent to a coastal view road segment, public viewpoint,
public park, public beach, or public accessway, as identified in the Coastal Land Use Plan.
Furthermore, an investigation of the project site and surrounding area did not identify any
other public view opportunities. The project site may be located within the viewshed of
distant public viewing areas; however, the project will improve an existing single-family in
a way that perpetuates compliance with all applicable Local Coastal Program development
standards and maintains a building envelope consistent with the existing neighborhood
pattern of development. Therefore, the project does not have the potential to degrade the
visual quality of the Coastal Zone or result in significant adverse impacts on public views.
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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 in
the private community of Bayshores. Developed in 1941, Bayshores is a 258-lot, single-
family gated community located on the Lido Channel, southwest of Coast Highway and
Newport Bay Bridge. The 39-unit Anchorage Apartment complex is also located within
the community. The community is accessible from West Coast Highway via Bay Shore
Drive, a private street. The shoreline is on the south and east sides of the community
and consists of bulkheads and two (2) small sandy beaches.
2. Coastal Land Use Plan Policy 3.1.5-3 requires public access consistent with public
access policies for any new development in private/gated communities causing or
contributing to adverse public access impacts. 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 project remodels and adds to an
existing single-family residence. Therefore, the project does not involve a change in land
use, density, or intensity that will result in increased demand for public access and
recreation opportunities. Furthermore, the project is designed and sited so as not to
block or impede existing public access opportunities.
3. The residential lot does not currently provide, nor does it inhibit public coastal access.
Vertical and lateral access to the bayfront is available adjacent to Bayshores at the Balboa
Bay Club, immediately west of the community.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Sections
15301 and 15303 under Class 1 (Existing Facilities) and Class 3 (New Construction or
Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations,
Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on
the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2022-028, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
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Community Development Director in accordance with the provisions of Title 21 Local
Coastal Program (LCP) Implementation Plan, of the Newport Beach Municipal Code.
The final action taken by the City may be appealed to the Coastal Commission in
compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the City’s
certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF AUGUST, 2022.
_____________________________________
Jaime Murillo, 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. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter the sensitive habitat, receiving waters, or a storm
drains or results 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.
3. Demolition beyond the approved scope of work requires planning division approval prior
to commencement of work. Approval of revisions to project plans is not guaranteed. Any
changes in the current scope of work may require the entire structure to be demolished
and redeveloped in conformance with the current Zoning Code Development Standards.
4. 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 (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
5. 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.
6. 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.
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7. 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.
8. Trash and debris shall be disposed of in proper trash and recycling receptacles at the
end of each construction day. Solid waste, including excess concrete, shall be disposed
of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
9. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
10. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
11. 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.
12. 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.
13. Prior to the 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.
14. Prior to the issuance of building permits, the Applicant shall submit a final drainage and
grading plan. The plan shall be subject to review and approval by the Building Division.
15. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
16. Prior to issuance of a building permit, the Applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive
plant species, and water-efficient irrigation design. The plans shall be approved by the
Planning Division.
17. 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.
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18. Construction activities shall comply with Section 10.28.040 (Construction Activity—
Noise Regulations) of the NBMC, which restricts hours of noise-generating construction
activities that produce noise between the hours of 7 a.m. and 6:30 p.m., Monday through
Friday, and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are
not allowed on Sundays or Holidays.
19. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control) and other applicable noise control requirements of the
NBMC. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
20. Prior to the issuance of the building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
21. 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.
22. This Coastal Development Permit No. CD2022-028 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.
23. 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 claims, demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without
limitation, attorney’s fees, disbursements, and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of the Turner Residence Addition and Remodel including, but not limited to,
Coastal Development Permit No. CD2022-028 (PA2022-103). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorney’s fees, and other expenses incurred in connection with such claim, action, causes
of action, suit, or proceeding whether incurred by Applicant, City, and/or the parties
initiating or bringing such proceeding. The Applicant shall indemnify the City for all of the
City's costs, attorneys' fees, and damages, which the 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 and Oblique Aerial
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VICINITY MAP
Coastal Development Permit No. CD2022-028
(PA2022-103)
2801 Circle Drive
Subject Property
Subject Property
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Attachment No. ZA 3
Project Plans
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