HomeMy WebLinkAbout07_Kelegian Residence CDP_PA2019-205 a
CITY OF NEWPORT BEACH
, � ZONING ADMINISTRATOR STAFF REPORT
sDecember 12, 2019
°9 Agenda Item No. 7
SUBJECT: Kelegian Residence (PA2019-205)
• Coastal Development Permit No. CD2019-049
SITE LOCATION: 612 Via Lido Nord
APPLICANT: William Guidero
OWNER: Shelly And Mark Kelegian
PLANNER: David Blumenthal, AICP, Planning Consultant
949-644-3200 or dblumenthal@newportbeachca.gov
LAND USE AND ZONING
• General Plan: RS-D (Single-Unit Residential Detached)
• Zoning District: R-1 (Single-Unit Residential)
• Coastal Land Use Category: RSD-C (Single-Unit Residential Detached) - (10.0 -
19.9 DU/AC)
• Coastal Zoning District: R-1 (Single-Unit Residential)
PROJECT SUMMARY
A coastal development permit (CDP) to allow the demolition of an existing 2,564-square-
foot, single-family residence and construction of a new 4,669-square-foot, single-family
residence. The project includes landscape, hardscape, and subsurface drainage facilities
all within the confines of the private property. The site is protected by an existing private
bulkhead that has been inspected and is in generally good condition. The design complies
with all applicable development standards and no deviations are requested. All
improvements are shown on the attached project plans (Attachment No. ZA 3).
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) because it has no potential to have a significant effect on the environment;
and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2019-049 (Attachment No. ZA 1).
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Kelegian Residence (PA2019-205)
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DISCUSSION
Land Use and Development Standards
• The project is located in the R-1 Zoning District, which allows a maximum of one
residential dwelling unit on a single legal lot, and is consistent with the City's
Coastal Land Use Plan, General Plan, and Zoning Code. A CDP is required and
the property is not eligible for a Waiver for De Minimis Development because the
property is located in the Coastal Commission Appeal Area.
• The property consists of one building site containing an existing single-family
residence. The neighborhood is predominantly developed with two-story, single-
family residential structures. The design, bulk, and scale of the proposed
development is consistent with the existing and anticipated neighborhood pattern
of development.
• The proposed single-family residence and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1
below.
Table 1 — Develo ment Standards
Development Standard _ Standard Pro osed
Setbacks (min.)
Front street 4 feet 5 feet, 5 inches
Sides 4 feet 4 feet
Front water 10 feet 10 feet
Allowable Floor Area 5,624 square feet 4,669 square feet
Open Volume Area 422 square feet 528 square feet
Parkin 2-car garage 2-car garage
Height 24-foot flat roof 23.89-foot flat roof
29-foot sloped roof 23.89-foot sloped roof
Hazards
• The lowest finished first floor elevation of the proposed residence is 13.70 feet
based on the North American Vertical Datum of 1988 (NAVD 88), which exceeds
the minimum required 9.00-foot (NAVD 88) elevation standard. Additionally, the
proposed residence will have a waterproofing curb to an elevation of 14.2 feet
(NAVD 88), which will provide additional protection against sea level rise.
• The existing development includes a private seawall/bulkhead, which has a top
elevation of 12.6 feet (NAVD 88)along the waterway. A Bulkhead Condition Report
was prepared by GeoSoils, Inc., dated July 15, 2019, which concludes that the
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Kelegian Residence (PA2019-205)
Zoning Administrator, December 12, 2019
Page 3
concrete wall is in good condition and not in need of maintenance. However, due
to the existing site improvements (residence and patio), exploratory excavation on
the landward side of the wall was not feasible. The report recommends that once
site improvements are demolished, the wall should be inspected to verify the
depth, tieback condition (if present), and below grade condition.
• A project-specific Coastal Hazards Analysis Report was prepared by GeoSoils,
Inc., dated July 15, 2019. The report concludes that flooding, wave run up and
erosion will not significantly impact this property over the life of the proposed
development. In addition, it was determined that no additional protective devices
will be necessary to protect the proposed development from any existing or
anticipated future coastal hazards for the next 75 years or more.
• Pursuant to Newport Beach Municipal Code (NBMC) Section
21.30.030(C)(3)(i)(iv), the property owner will be required to enter into an
agreement with the City waiving any potential right to protection to address
situations in the future in which the development is threatened with damage or
destruction by coastal hazards (e.g., waves, erosion, and sea level rise). The
property owner will also be required to acknowledge any hazards present at the
site and unconditionally waive any claim to damage or liability against the decision
authority, consistent with NBMC Section 21.30.015(D)(3)(c). Both requirements
are included as conditions of approval that will need to be satisfied prior to the
issuance of building permits for construction.
• The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of building permits. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans
are reviewed for compliance with approved investigations and CBC prior to
building permit issuance.
Water Quality
• Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan),
because of the project site's proximity to coastal waters, a preliminary Water
Quality Management Plan (WQMP) was prepared by Thomas M. Ruiz, Civil
Engineer, dated October 6, 2019. The preliminary WQMP includes a polluted
runoff and hydrologic site characterization, a sizing standard for best management
practices (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 reviewed for
compliance with the approved WQMP prior to building permit issuance.
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Kelegian Residence (PA2019-205)
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• 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 will be directed to the City's storm drain system.
Public Access and Views
• The project site is located between the nearest public road and the sea or
shoreline; however, the project will not affect the public's ability to gain access to,
use, and/or view the coast and nearby recreational facilities.
• The residential lot does not currently provide nor does it inhibit public coastal
access. The proposed scope of work involves the removal and replacement of an
existing single-family residence with a new single-family residence. Development
will occur within the confines of private property, and existing coastal access
conditions will not be affected. There are seven public access points to the
tidelands around Lido Isle, the closest of which is approximately 160 feet to the
northwest of the project site at the street end of Via Orvieto. This project will not
impede access from this or any other public access points. .
• 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 existing coastal views.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment.
Class 3 exemptions include the demolition and construction of limited numbers of new
structures; such as single-unit dwellings. This proposal is to replace an existing single-unit
dwelling with a new single-unit dwelling, thus qualifying for the Class 3 exemption.
The exceptions to this categorical 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, is not a hazardous waste site, and is not identified as a historical
resource.
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PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the 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
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the
City may be appealed to the Coastal Commission in compliance with Section 21.64.035
of the City's certified LCP and Title 14 California Code of Regulations, Sections 13111
through 13120, and. Section 30603 of the Coastal Act. For additional information on filing
an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
David Blumenthal, AICP
Planning Consultant
EWZi de
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
5
Attachment No. ZA 1
Draft Resolution
RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF NEWPORT BEACH, CALIFORNIA
APPROVING COASTAL DEVELOPMENT PERMIT NO.
CD2019-049 FOR DEMOLITION OF AN EXISTING SINGLE-
FAMILY RESIDENCE AND CONSTRUCTION OF A NEW
SINGLE-FAMILY RESIDENCE LOCATED AT 612 VIA LIDO
NORD (PA2019-205)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS
AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Guidero ("Applicant'), with respect to property
located at 612 Via Lido Nord, and legally described as Lot 67 and the southeast one-
half of Lot 68 in Tract 907, requesting approval of a coastal development permit.
2. The Applicant proposes to demolish the existing 2,564-square-foot, single-family
residence and construct a new 4,669-square-foot, single-family residence. The
proposed development also includes additional appurtenances such as walls,
fences, patios, balconies, roof top decks, hardscape, drainage devices, and
landscaping.
3. The subject property is designated 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.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single Unit Residential Detached (10.0 - 19.9 DU/AC) (RSD-C) and it is
located within the Single-Unit Residential (R-1) Coastal Zone District.
5. A public hearing was held on December 12, 2019, 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 exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the environment.
Zoning Administrator Resolution No. ZA2019-###
Page 8 of 18
2. Class 3 exemptions include the demolition and construction of limited numbers of
new structures; such as single-unit dwellings. This proposal is to replace an existing
single-unit dwelling with a new single-unit dwelling, thus qualifying for the Class 3
exemption.
3. The exceptions to this categorical 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, is not a hazardous waste
site, and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Newport Beach Municipal Code ("NBMC") Section 21.52.015(F)
(Coastal Development Permits), 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 structure conforms to all applicable development standards
including, but not limited to, floor area limitation, setbacks, height, and parking:
a. The maximum floor area limitation is 5,624 square feet and the proposed
gross floor area is 4,669 square feet.
b. The proposed development will provide the required setbacks, which are 4
feet along the front property line (5 feet 5 inches is proposed), 4 feet along
the side property lines and 10 feet along the rear property line.
C. The height of the residence is 23.89 feet, as measured from the established
grade elevation, as required by Zoning Code Section 20.30.050(B)(2), to
the top of the guard rail for the roof deck. This is below the maximum
allowable height of 24 feet for flat roofs and 29 feet for sloped roofs.
d. The project includes enclosed garage parking for two (2) vehicles, which
complies with the minimum two (2)-space parking requirement for single-
unit residences with less than 4,000 square feet of livable floor area.
2. The proposed design, bulk, and scale of the development is consistent with the
existing neighborhood's pattern of development and expected future development
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Zoning Administrator Resolution No. ZA2019-###
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consistent with applicable development standards as the neighborhood is
developed with a mix of one (1)- and two (2)-story residential structures.
3. The property is an oceanfront lot that is separated from the ocean by concrete
seawall/bulkhead. No modification to the existing bulkhead is proposed with this
project. A Coastal Hazards and Sea Level Rise Study was prepared for the project
by GeoSoils, Inc., dated July 15, 2019. The report concludes that, with the
implementation of sea level rise strategies (water proofing and the future raising of
the bulkhead), the proposed development will not be adversely impacted by potential
coastal hazards over the next minimum 75 years. The GeoSoils study further
concludes that with the implementation of the cited recommendations, no additional
protective devices will be necessary to protect the development from any existing or
anticipated future coastal hazards for the next 75 years or more.
4. The Coastal Hazards and Sea Level Rise Study noted that, upon completion of
demolition of the existing residence, the seawall/bulkhead should be re-inspected to
verify the depth, tieback condition (if present), and below grade condition of the
landward side of the wall. A condition of approval is included to require this
inspection.
5. Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv),
the property owner will be required to enter into an agreement with the City waiving
any potential right to protection to address situations in the future in which the
development is threatened with damage or destruction by coastal hazards (e.g.,
waves, erosion, and sea level rise). The property owner will also be required to
acknowledge any hazards present at the site and unconditionally waive any claim to
damage or liability against the decision authority, consistent with NBMC Section
21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will
need to be satisfied prior to the issuance of building permits for construction.
6. The finished floor elevation of the first habitable floor of the proposed structure is
13.70 feet North American Vertical Datum of 1988 (NAVD 88), which complies with
the minimum 9.0-foot NAVD 88 elevation standard for new structures. The
development also provides a waterproof curb to 14.20 feet NAVD 88 to
accommodate future anticipated potential sea level rise.
7. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of building permits. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and the CBC prior to building
permit issuance.
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8. A post-construction drainage system will be installed that includes drainage and
percolation features designed to retain dry weather and minor rain runoff on-site to
ensure the project does not impact water quality. Any water not retained on-site is
directed to the City's storm drain system.
9. The project design addresses water quality with a construction erosion control plan
that outlines temporary best management practices (BMPs) to be implemented
during construction to minimize erosion and sedimentation, and to minimize pollution
of runoff derived by construction chemicals and materials. No water quality impacts
to coastal waters are anticipated based upon the location and elevation of the
property.
10. New landscaping will be verified for compliance with NBMC Section 21.30.075
(Landscaping). A condition of approval is included that requires drought-tolerant and
prohibits invasive species. Prior to issuance of the building permits, the final
landscape plans will be reviewed to verify invasive species are not planted.
11. The project site is not located adjacent to a coastal view road or coastal viewpoint
identified by Local Coastal Program maps. The project site may be located within
the viewshed of distant public viewing areas; however, the project will replace an
existing single-family residence with a new single-family residence that complies
with all applicable Local Coastal Program (LCP)development standards. It will also
maintain a building envelope consistent with the existing and anticipated
neighborhood pattern of development. Therefore, the project does not have the
potential to degrade the visual quality of the Coastal Zone or result in significant
adverse impacts to public views.
Findin :
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone
Facts in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline;
however, the project will not affect the public's ability to gain access to use and/or
view the coast and nearby recreational facilities. There are seven (7) public access
points to the tidelands around Lido Isle, the closest of which is approximately 160
feet to the northwest of the project site at the street end of Via Orvieto. Demolition
of the existing residential structure and replacing it with a new structure on the
same site will not alter this, or any other, public access point. Implementation Plan
Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires
that the provision of public access bear a reasonable relationship between the
requirement and the project's impact and be proportional to the impact. In this case,
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Zoning Administrator Resolution No. ZA2019-###
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the project includes the replacement of an existing single-family residence with a new
single-family residence. 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. The proposed residential development neither provides nor inhibits
public coastal access.
2. The project is designed and sited so as not to block or impede existing public access
opportunities and occurs within the confines of private property. Existing coastal
access conditions will not be affected by the proposed development. Coastal access
is currently provided and will continue to be provided by street ends throughout the
neighborhood.
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
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.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit CD2019-049, 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
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action
taken by the City may be appealed to the Coastal Commission in compliance with
Section 21.64.035 of the City's certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF DECEMBER, 2019.
James Campbell, Zoning Administrator
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Zoning Administrator Resolution No. ZA2019-###
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan,
floor plans and building elevations stamped and dated with the date of this approval
(except as modified by applicable conditions of approval).
2. Revisions to the approved plans may require an amendment to this Coastal
Development Permit (CDP) or the processing of a new CDP.
3. Coastal Development Permit No. CD2019-049 shall expire unless exercised within
24 months from the date of approval as specified in NBMC Section 21.54.060
(Time Limits and Extensions), unless an extension is otherwise granted.
4. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
5. 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
CDP.
6. This CDP 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.
7. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs)
shall be implemented prior to and throughout the duration of construction activity
as designated in the Construction Pollution Prevention Plan.
8. Prior to final building permit inspection, 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.
9. 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
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Zoning Administrator Resolution No. ZA2019-###
Page 13 of 18
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
10. 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.
11. 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.
12. Prior to issuance of a building permit, the Applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the
Building Division.
13. 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.
14. 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.
15. 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
Planning Division.
16. No demolition or construction materials, equipment debris, or waste, shall be
placed or stored in a location that would enter sensitive habitat, receiving waters,
or a storm drain or result in impacts to environmentally sensitive habitat areas,
streams, wetland or their buffers.
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17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. Upon completion of demolition of the existing residence, the seawall/bulkhead shall
be re-inspected to verify the depth, tieback condition (if present), and below grade
condition of the landward side of the wall. A revised Bulkhead Condition Report shall
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Zoning Administrator Resolution No. ZA2019-###
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be submitted to the City for review. All necessary entitlements and permits shall be
obtained prior working on any changes/modifications required by the revised
Bulkhead Condition Report.
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 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 the Kelegian
Residence including, but not limited to, Coastal Development Permit No. CD2019-
049 (PA2019-205). 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
24. The second floor room labeled as "office" shall be modified to meet the emergency
egress requirements of the Building Code.
25. The property is in Special Flood Hazard Area AE8. All construction shall comply with
flood mitigation requirements.
26. The property is located within a liquefaction zone. All construction shall be
designed to address mitigation and seawall competency to resist lateral
displacement and structural integrity.
15
Attachment No. ZA 2
Vicinity Map
10
VICINITY MAP
Subject Property
AI
4
•� £ y tit 7
Coastal Development Permit No. CD2019-049
PA2019-205
612 Via Lido Nord
27
Attachment No. ZA 3
Project Plans
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