HomeMy WebLinkAboutZA2018-014 - COASTAL DEVELOPMENT PERMIT AND TENTATIVE PARCEL MAP TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW THREE-STORY, TWO-UNIT CONDOMINIUM WITH ATTACHED GARAGES AND TWO CAR PORTS - 1820 WEST OCEAN FRONT
RESOLUTION NO. ZA2018-014
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-100 AND TENTATIVE
PARCEL MAP NO. NP2017-023 TO DEMOLISH AN EXISTING
SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW
THREE-STORY, TWO-UNIT CONDOMINIUM WITH TWO
ATTACHED GARAGES AND TWO CARPORTS AT 1820 WEST
OCEAN FRONT (PA2017-233)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Applications were filed by 1820 Oceanfront, LLC (“Applicant”), with respect to property
located at 1820 West Ocean Front, requesting approval of a coastal development permit
for a new two-unit residential development and a tentative parcel map for condominium
purposes.
2. The property is legally described as Lot 11, Block 18, of Tract 515.
3. The Applicant proposes to demolish an existing two-story, single-family residence and
construct a new 4,570-square-foot, three-story, two-unit condominium with two attached
garages and two carports. The project includes hardscape, landscape, low patio walls, and
subsurface drainage facilities all located within the confines of private property. The design
complies with all applicable development standards and no deviations are requested. The
Tentative Parcel Map will allow each unit to be sold individually.
4. The subject property is designated RM (Multiple-Unit Residential) by the General Plan
Land Use Element and is located within the RM (Multi-Unit Residential) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RM-E (Multiple-Unit Residential, 30.0 – 39.9 DU/AC) and it is located within the
RM (Multi-Unit Residential) Coastal Zone District.
6. A public hearing was held on February 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 Sections 15303 and 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New
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Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions),
because it has no potential to have a significant effect on the environment.
2. Class 3 exempts the construction and location of limited numbers of new, small facilities
or structures including a duplex or similar multi-family residential structures totaling no
more than four dwelling units in a residential zone. The proposed project consists of the
demolition of an existing single-family residence and the construction of a new 4,570-
square-foot two-unit condominium with two attached garages and two carports in the
RM Zoning District.
3. Class 15 allows the division of property in urbanized areas zoned for residential,
commercial, or industrial use into four or fewer parcels when the division is in
conformance with the General Plan and zoning, no variances or exceptions are required,
all services and access to the proposed parcels are available, the parcel was not
involved in a division of a larger parcel within the previous two years, and the parcel
does not have an average slope greater than 20 percent. The Tentative Parcel Map is
for condominium purposes and is consistent with all of the requirements of the Class 15
exemption.
SECTION 3. REQUIRED FINDINGS.
Coastal Development Permit
The Zoning Administrator determined in this case that the proposed project is consistent with
the legislative intent of Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code (NBMC) and approves the CDP based on the following findings per
NBMC Section 21.52.015 (Coastal Development Permits, Findings and Decision):
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Tentative Parcel Map is for residential condominium purposes, on an existing lot
within a developed neighborhood, located approximately 500 feet from the current mean
high tide line. The proposed development meets all of the requirements of the Local
Coastal Program, including NBMC Section 21.30.025 (Coastal Subdivisions), as
discussed in the subsequent facts.
2. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The total proposed floor area, including the residences and enclosed parking, is
5,006 square feet, which complies with the maximum allowable floor area limit of
5,041 square feet.
b. The proposed development will provide the minimum required setbacks, which are
seven (7) feet along the front property line abutting West Ocean Front and three
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(3) feet along each side property line. The project site has no minimum required
rear setback, as the rear property line abuts a 20-foot-wide alley.
c. The highest guardrail is less than 28 feet from the established grade of 10.54 feet
(NAVD88) and the highest ridge is no more than 33 feet from established grade,
which complies with the maximum height limitation.
d. The project includes one enclosed garage parking space and one covered carport
for each unit, in compliance with the minimum parking requirement for two-unit
residential development.
3. The neighborhood is predominantly developed with two- and three-story residences, of
which some are condominiums. The proposed design, bulk, and scale of the
development will be consistent with the existing neighborhood pattern of development
and expected future development.
4. The development fronts a sandy beach area of more than 200 feet in width. The finished
first floor elevation of the proposed development is 12.08 feet (NAVD88), which exceeds
the minimum required 9.00-foot (NAVD88) elevation standard.
5. A project-specific Coastal Hazard and Wave Runup Study was prepared by GeoSoils,
Inc., dated September 7, 2017. The report concludes that, because the current mean
high tide line is about 500 feet from the site and it is unlikely that the future mean high
tide line will reach within 350 feet of the site, coastal hazards will not impact the property
over the next 75 years. There is therefore no anticipated need for a shoreline protection
device over the life of the proposed development.
6. 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
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.
7. The property is located in an area known for the potential of seismic activity and
liquefaction. A project-specific Geotechnical Investigation prepared by Coast Geotechnical
Inc., dated September 15, 2017, provides recommendations relative to grading, drainage
and foundation design. 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.
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
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derived by construction chemicals and materials. No water quality impacts to coastal
waters are anticipated as the property is located more than 200 feet from coastal waters.
9. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), because the
development contains more than 75 percent of impervious surface area, a Water Quality
and Hydrology Plan (WQHP) was prepared by Forkert Engineering & Surveying, Inc.,
dated October 16, 2017. The WQHP will be required to be reviewed and approved by the
City’s Engineer Geologist prior to building permit issuance. The WQHP includes a polluted
runoff and hydrologic site characterization, a sizing standard for BMPs, use of a low-impact
development (LID) approach to retain the design storm runoff volume on site, and
documentation of the expected effectiveness of the proposed BMPs. Construction plans
will be required to comply with the approved WQHP
10. The proposed development includes a post-construction drainage system with drainage
and percolation features designed to retain dry weather and minor rain event run-off on-
site. Any water not retained on-site will be directed to the City’s storm drain system.
11. New landscaping will be verified for compliance with NBMC Section 21.30.075. Condition
of Approval No. 16 is included to require drought-tolerant, and prohibit invasive, species.
Prior to issuance of the building permits, the final landscape plans will be reviewed to verify
invasive species are not planted.
12. The property is not located near designated public viewpoints or coastal view roads and
will not 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.
Fact 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.
2. The residential lot does not currently provide nor does it inhibit public coastal access.
Lateral beach access is provided by the public beach seaward of the project site. Vertical
access is provided by way of 19th Street, approximately 90 feet west of the project site.
3. There are no designated public viewpoints or coastal view roads near the project site,
per the Coastal Land Use Plan. Due to the distance of the proposed development from
public viewpoints and the project’s compliance with all applicable development
standards, including height and setbacks, the project will not impact coastal views.
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Tentative Parcel Map
The Zoning Administrator determined in this case that the proposed project is consistent with
the legislative intent of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
(NBMC) and is approved based on the following findings per Section 19.12.070 (Required
Findings for Action on Tentative Maps):
Finding:
C. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with applicable
provisions of the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
1. The Tentative Parcel Map is for two-unit residential condominium purposes. An existing
single-family dwelling, constructed in 1980, will be demolished and is being replaced
with a new two-unit condominium. The proposed subdivision and improvements are
consistent with the density of the RM Zoning District and the RM General Plan Land Use
Designation.
2. The proposed project site is not located within any specific plan area.
Finding:
D. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The lot is physically suitable for two-unit development because it is generally rectangular
and topographically flat, which is typical of lots in this area.
2. A residential use has existed on this site since at least 1980. The proposed project will
replace the existing single-family residence with a new two-unit condominium that is
compliant with all current code requirements.
3. The subject property has street frontage on West Ocean Front Alley and is adequately
served by existing utilities.
Finding:
E. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlif e
or their habitat. However, notwithstanding the foregoing, the decision making body may
nevertheless approve such a subdivision if an environmental impact report was
prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social, or other
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considerations make infeasible the mitigation measures or project alternatives identified
in the environmental impact report.
Facts in Support of Finding:
1. See Fact in Support of Finding D2.
2. The property is located in an urbanized area that does not contain any sensitive
vegetation or habitat. All proposed improvements are located within the confines of
private property.
3. The project is categorically exempt under Sections 15303 and 15315 (Article 19 of
Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines – Class 3
(New Construction or Conversion of Small Structures) and Class 15 (Minor Land
Divisions).
Finding:
F. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Fact in Support of Finding:
The Tentative Parcel Map is for residential condominium purposes. All improvements
associated with the project will comply with all Building, Public Works, an d Fire Codes, which
are in place to prevent serious public health problems. Public improvements will be required of
the developer per NBMC Section 19.28.010 (General Improvement Requirements) and Section
66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map
Act. All ordinances of the City and all Conditions of Approval will be complied with.
Finding:
G. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision. In this connection, the decision making body may approve a
map if it finds that alternate easements, for access or for use, will be provided and that
these easements will be substantially equivalent to ones previously acquired by the
public. This finding shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is hereby granted to
the City Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision.
Fact in Support of Finding:
The design of the development will not conflict with easements acquired by the public at large,
for access through, or use of property within the proposed development, because there are no
public easements located on the property.
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Finding:
H. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act,
if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision
of the land would not be too small to sustain their agricultural use or the subdivision will
result in residential development incidental to the commercial agricultural use of the
land.
Facts in Support of Finding:
1. The property is not subject to the Williamson Act because the subject property is not
designated as an agricultural preserve and is less than 100 acres in area.
2. The site is developed for residential use and is within the RM Zoning District, which
permits residential uses.
Finding:
I. That, in the case of a “land project” as defined in Section 11000.5 of the California
Business and Professions Code: (1) there is an adopted specific plan for the area to be
included within the land project; and (2) the decision making body finds that the
proposed land project is consistent with the specific plan for the area.
Facts in Support of Finding:
1. The property is not a “land project” as defined in Section 11000.5 of the California
Business and Professions Code because the existing subdivision does not contain fifty
(50) or more parcels.
2. The project is not located within a specific plan area.
Finding:
J. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Fact in Support of Finding:
The Tentative Parcel Map and any future improvements are subject to Title 24 of the California
Building Code that requires new construction to meet minimum heating and cooling efficiency
standards depending on location and climate. The Newport Beach Building Division enforces
Title 24 compliance through the plan check and inspection process.
Finding:
K. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City’s share of the
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regional housing need and that it balances the housing need s of the region against the
public service needs of the City’s residents and available fiscal and environmental
resources.
Fact in Support of Finding:
The proposed two-unit condominium is consistent with the R-M Zoning District, which allows
two (2) residential units on the property. Therefore, the Tentative Parcel Map for condominium
purposes will not affect the City in meeting its regional housing need.
Finding:
L. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the Regional
Water Quality Control Board.
Fact in Support of Finding:
The new development has been designed and will be constructed so that wastewater discharge
into the existing sewer system complies with the Regional Water Quality Control Board
(RWQCB) requirements.
Finding:
M. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.
Fact in Support of Finding:
The subject property is located within the Coastal Zone and a Coastal Development Permit,
including applicable findings of conformance and conditions of approval, is required for the
proposed development. See all Facts in Support of Findings A and B.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-100 and Tentative Parcel Map No. NP2017-023,
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 Resolut ion
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
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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 FEBRUARY, 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. 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 to address the
threat of damage or destruction from waves, erosion, storm conditions, landslides,
seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the
property, or development of the property, today or in the future. The agreement shall be
binding against the property owners and successors and assigns.
3. 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.
4. 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.
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 Pollution Prevention Plan (CPPP).
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.
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. Stock piles 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.
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8. 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.
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 approval 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 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.
14. 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 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 by 17 inches. The plans shall
accurately depict the elements approved by this Coastal Development Permit.
15. Prior to issuance of a building permit, the approved CPPP shall be submitted with the
Building Permit plans. Implementation shall be in compliance with the approved CPPP
and any changes could require separate review and approval by the Building Division.
16. Prior to the 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. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Plan ning
Division.
18. Prior to the issuance of a building permit, the Applicant shall pay a fair share traffic fee
for an increase of one dwelling units.The fee shall be charged consistent with that in
effect at the time of payment.
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19. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
20. Prior to recordation of the Parcel Map, the Applicant shall apply for a building permit for
a description change of the subject project development from “duplex” to
“condominium.” The development will not be condominiums until this permit is
finaled. The building permit for the new construction shall not be finaled until after
recordation of the Parcel Map.
21. Prior to recordation of the Parcel Map, the Applicant shall pay an in-lieu park dedication
fee for an increase of one dwelling unit. The fee shall be charged consistent with that in
effect at the time of payment.
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. Coastal Development Permit No. CD2017-100 and Tentative Parcel Map No. NP2017-023
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.
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 1820 Oceanfront LLC Residence including, but not limited to, Coastal
Development Permit No. CD2017-100 and Tentative Parcel Map No. NP2017-023
(PA2017-233). 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.
Public Works Department
24. A Final Parcel Map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer
preparing the Map shall submit to the County Surveyor and the City of Newport Beach
a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337
of the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply
with the City’s CADD Standards. Scanned images will not be accepted.
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25. Prior to recordation of the Parcel Map, the surveyor/engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange
County Subdivision Code and Orange County Subdivision Manual, Subarticle 18.
Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise
approved by the Subdivision Engineer. Monuments shall be protected in place if
installed prior to completion of construction project
26. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
27. An encroachment permit is required for all work activities within the public right -of-way.
28. Reconstruct existing damaged concrete alley panels along the West Ocean Front Alley
frontage.
29. Each unit shall be served by its individual water service/meter and sewer l ateral/
cleanout. Each water meter and sewer cleanout shall be installed with a traffic -grade
box and cover.
30. All improvements shall comply with the City’s sight distance requirement per City
Standard STD 110-L.
31. In case of damage done to public improveme nts 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