HomeMy WebLinkAbout01_2722 Bay Shore Drive CDP_PA2017-01908/17/2017
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 14, 2017
Agenda Item No. 1
SUBJECT: 2772 Bay Shore Drive CDP (PA2017-019)
SITE LOCATION: 2772 Bay Shore Drive
Coastal Development Permit No. CD2017-005
APPLICANT: Ian Harrison Architect
OWNER: 2782 Bay Shore, LLC
PLANNER: Liz Westmoreland, Assistant Planner
949-644-3234, lwestmoreland@newportbeachca.gov
GENERAL PLAN/ZONING DISTRICT
General Plan: R-1 Single-Unit Residential
Zoning District: R-1 Single-Unit Residential
Coastal Land Use Category: RSD-B (Single-Unit Residential Detached – (6.0 – 9.9
DU/AC))
Coastal Zoning District: R-1 Single-Unit Residential
PROJECT SUMMARY
A Coastal Development Permit (CDP) to demolish a two-story single-family residence and
garage, and construct a new two-story, 29-foot-high single-family residence of
approximately 2,523 square feet with an attached 469-square-foot two-car garage and
indoor pool. The design includes hardscape, walls, landscaping and drainage facilities. The
project complies with all applicable development standards and no deviations are requested.
The project includes repair and reinforcement of the existing bulkhead including
replacement of tiebacks and deadmen. No development or work is proposed bayward of the
existing bulkhead.
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. CD2017-005 (Attachment No. ZA 1).
1
2772 Bay Shore Drive CDP
Zoning Administrator, December 14, 2017
Page 2
Tmplt: 10/10/17
DISCUSSION
Land Use and Development Standards
The subject property is located 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 and the property is not eligible for a Waiver for De Minimis Development
because the property is located in the Appeal Area.
The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with one- and two-story,
single-family residences. The proposed design, bulk, and scale of the development
is consistent with the existing neighborhood pattern of development and applicable
development standards.
The proposed single-family dwelling 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 (Bay) 10 feet 22 feet
Front (Bay Shore Dr.) 0 feet 1 foot
Sides 4 feet 4 feet
Allowable Floor Area 5,770 square feet 2,992 square feet
Allowable 3rd Floor Area N/A N/A
Open Space 433 square feet 1265 square feet
Parking 2-car garage 2-car garage
Height 24 feet flat roof
29 feet sloped roof
24 feet flat roof
29 feet sloped roof
Hazards
The project includes repair and reinforcement of the existing bulkhead including
replacement of tiebacks and deadmen. The bulkhead is currently at 12.68 feet
(NAVDD88). No development or work is proposed bayward of the existing bulkhead.
The development fronts the Newport Bay and is a private bayfront parcel. A Coastal
Hazard and Sea Level Rise Analysis was prepared by William Simpson &
Associates, Inc dated December 14, 2016 for the project. The report concludes that
the proposed project is reasonably safe from the shoreline erosion due to lack of
wave or wakes that can erode sand from the beach.
2
2772 Bay Shore Drive CDP
Zoning Administrator, December 14, 2017
Page 3
Tmplt: 10/10/17
The project does not require raising the existing bulkhead considering the
anticipated 1.25-foot sea-level rise (the low range of projected sea level rise over
the 75-year design life of the structure based on estimates for sea level rise
provided by the National Research Council 2012 SLR estimates) to protect the site
and surrounding development from sea level rise. The current City standard is 9.82
feet (NAVD88) and the bulkhead would remain at 12.68 feet (NAVDD88). Once
the existing bulkhead is repaired/reinforced, the need for a new shoreline
protective device is not anticipated over the economic life of the proposed
development to protect it from flooding, wave runup, or erosion. If found to be
inadequate for the actual sea-level rise over the next 75 to 100 years, the bulkhead
assembly allows for an increase in height without further seaward encroachment.
The finish floor elevation of the proposed dwelling is 12.8 MSL (NAVD 88), which
complies with the minimum 9.00 MSL (NAVD88) elevation standard.
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.
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
The property is located adjacent to 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.
3
2772 Bay Shore Drive CDP
Zoning Administrator, December 14, 2017
Page 4
Tmplt: 10/10/17
Pursuant to Municipal Code Section 21.35.050, due to the proximity of the
development to the shoreline and the development containing more than 75
percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP)/
Water Quality Management Plan (WQMP) is required. A WQMP prepared by JT
Consulting Engineers, dated June 10, 2017, has been reviewed and approved by
the City’s Engineer Geologist The WQMP includes a polluted runoff and hydrologic
site characterization, a sizing standard for BMPs, use of an LID approach to retain
the design storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs
Public Access
The project site is located between the nearest public road and the sea or shoreline
in the private community of Bayshores. Implementation Plan Section 21.30A.040
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. The
project involves the demolition of a single-family residence and the construction of a
new single-family residence. Therefore, there is no change in land use and the
proposed increases in floor area, height and bulk will not result in any significant
adverse impacts to public recreation, access or views or otherwise diminish the
public’s use of the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs,
beaches, coastal parks, trails, or coastal bluffs.
Vertical and lateral access to the bayfront is available adjacent to the Bay Shores
community at the Balboa Bay Club (approximately 1,500 feet from the subject
property).
The closest public viewpoint is located in Castaways Park, approximately 1,300 feet
north of the property. The proposed residence is not located near coastal view roads,
as designated in the Coastal Land Use Plan. Due to the distance of the proposed
development from the public viewpoint and the project’s compliance with height,
setbacks, the project will not impact 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 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one single-family residence and the construction of a new 2,992-square-
foot single-family residence.
4
2772 Bay Shore Drive CDP
Zoning Administrator, December 14, 2017
Page 5
Tmplt: 10/10/17
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:
_____________________________
Liz Westmoreland, Assistant Planner
GBR/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
5
08/17/2017
Attachment No. ZA 1
Draft Resolution
6
08-15-2017
RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2017-005 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE AND ATTACHED 2-CAR
GARAGE LOCATED AT 2772 BAY SHORE DRIVE (PA2017-019)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ian Harrison Architect, with respect to property located at 2772
Bay Shore Drive requesting approval of a coastal development permit.
2. The lot at 2772 Bay Shore Drive is legally described as Lot 2 of Tract No. 1014 in the City
of Newport Beach, County of Orange, State of California, as per map recorded in Book
33, Page 31, of Miscellaneous Maps, in the office of the County Recorder of said County.
3. The applicant is requesting a Coastal Development Permit (CDP) to demolish of a two-
story single-family residence and garage, and construct a new two-story, 29-foot-high
single-family residence of approximately 2,523 square feet with an attached 469 square
foot two-car garage and indoor pool. The design includes hardscape, walls, landscaping
and drainage facilities. The project complies with all applicable development standards and
no deviations are requested. The project includes repair and reinforcement of the existing
bulkhead including replacement of tiebacks and deadmen. No development or work is
proposed bayward of the existing bulkhead.
4. The subject property is designated R-1 (Single-Unit Residential) by the General Plan Land
Use Element and is located within the R-1 (Single-Unit Residential) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD-B (Single-Unit Residential Detached – (6.0 – 9.9 DU/AC)) and it is located
within the R-1 Single-Unit Residential Coastal Zone District.
6. A public hearing was held on December 14, 2017, 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.
7
Zoning Administrator Resolution No. ####
Page 2 of 8
08-15-2017
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures) because it has no potential to have a significant effect
on the environment.
2. Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
demolition of one single-family residence and the construction of a new 2,523-square-
foot single-family residence and attached 469-square-foot 2-car garage.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following finding s 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 5,770 square feet and the proposed floor area
is 2,992 square feet.
b. The proposed development provides the minimum required setbacks, which are 10
feet along the front property line abutting Newport Harbor, 4 feet along each side
property line, and 0 feet along the secondary front setback abutting Bay Shore
Drive.
c. The highest guardrail is less than 24 feet from established grade (12.55 feet
NAVD88) and the highest ridge is no more than 29 feet from established grade,
which comply with the maximum height requirements.
d. The project includes garage parking for a total of two vehicles, complying with the
minimum two-car garage parking requirement for single-family residences with less
than 4,000 square feet of habitable floor area.
8
Zoning Administrator Resolution No. ####
Page 3 of 8
08-15-2017
2. The neighborhood is predominantly developed with one- and two-story, single-family
residences. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development.
3. The development fronts Newport Bay. The project site is protected by an existing
bulkhead with a height of 12.68 feet (NAVDD88). The finished floor elevation of the
proposed dwelling is 12.80 MSL (NAVD 88), which complies with the minimum 9.00
MSL (NAVD88) elevation standard.
4. A Coastal Hazard and Sea Level Rise Analysis was prepared by William Simpson &
Associates, Inc dated December 14, 2016 for the project. The report concludes that the
proposed project is reasonably safe from the shoreline erosion due to lack of wave or
wakes that can erode sand from the beach. Additionally, the site does not require a
raised bulkhead considering a 1.25-foot sea level rise (the low range of projected sea
level rise over the 75-year design life of the structure based on estimates for sea level
rise provided by the National Research Council 2012 SLR estimates) to protect the site
and surrounding development from sea level rise. The current City standard is 9.82 feet
(NAVD88) and the bulkhead would remain at 12.68 feet (NAVDD88).
5. 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.
6. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and CBC prior to building permit issuance.
7. The property is located adjacent to 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.
8. Pursuant to Municipal Code Section 21.35.050, due to the proximity of the development
to the shoreline and the development containing more than 75 percent of impervious
surface area, a Water Quality and Hydrology Plan (WQHP)/ Water Quality Management
Plan (WQMP) is required. A WQMP prepared by JT Consulting Engineers, dated June
10, 2017, has been reviewed and approved by the City’s Engineer Geologist The WQMP
9
Zoning Administrator Resolution No. ####
Page 4 of 8
08-15-2017
includes a polluted runoff and hydrologic site characterization, a sizing standard for
BMPs, use of an LID approach to retain the design storm runoff volume on site, and
documentation of the expected effectiveness of the proposed BMPs
9. Proposed landscaping complies with Implementation Plan Section 21.30.075. A
condition of approval is included that requires drought -tolerant, and prohibits invasive,
species. Prior to issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted
10. 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 in the
private community of Bay Shores. Implementation Plan Section 21.30A.040 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. The project involves the demolition
of a single-family residence and the construction of a new single-family residence.
Therefore, there is no change in land use and the proposed increases in floor area, height
and bulk will not result in any significant adverse impacts to public recreation, access or
views or otherwise diminish the public’s use of the ocean, harbor, bay, channels, estuaries,
salt marshes, sloughs, beaches, coastal parks, trails, or coastal bluffs.
2. Vertical and lateral access to the bay front is available adjacent to the Bay Shores
community at the Balboa Bay Club (approximately 1,500 feet from the subject property).
3. The closest public viewpoint is located in Castaways Park, approximately 1,300 feet
north of the property. The proposed residence is not located near coastal view roads,
as designated in the Coastal Land Use Plan. Due to the distance of the proposed
development from the public view point and the project’s compliance with height,
setbacks, the project will not impact coastal views.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2017-005, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
10
Zoning Administrator Resolution No. ####
Page 5 of 8
08-15-2017
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commiss ion 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 14TH DAY OF DECEMBER, 2017.
_____________________________________
Patrick J. Alford, Zoning Administrator
11
Zoning Administrator Resolution No. ####
Page 6 of 8
08-15-2017
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 including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint of the
bulkhead or other shoreline protective device. The agreement shall be binding against
the property owners and successors and assigns.
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 place d 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. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right -of-way.
6. The CDP does not authorize any development seaward of the private property.
7. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) sha ll
be implemented prior to and throughout the duration of construction activity as
designated in the Drainage and Erosion Control Plans.
8. 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.
12
Zoning Administrator Resolution No. ####
Page 7 of 8
08-15-2017
9. 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.
10. 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.
11. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new Coastal Development Permit.
12. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13. The applicant shall comply with all federal, state, and local laws. Mate rial violation of
any of those laws in connection with the use may be cause for revocation of this Coastal
Development Permit.
14. 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.
15. Prior to issuance of the building permits, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
16. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall includ e 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.
17. Prior to issuance of the building permits, the approved WQMP shall be submitted with
the Building Permit plans. Implementation shall be in compliance with the approved
WQMP and any changes could require separate review and approval by the Building
Division.
18. Prior to the issuance of building permits, the applicant shall subm it 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.
13
Zoning Administrator Resolution No. ####
Page 8 of 8
08-15-2017
19. 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.
20. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
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. CD2017-005 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.
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 2772 Bay Shore Drive CDP including, but not limited to, Coastal Development
Permit No. CD2017-005 (PA2017-019). 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.
14
08/17/2017
Attachment No. ZA 2
Vicinity Map
15
08/17/2017
VICINITY MAP
Coastal Development Permit No. CD2017-005
PA2017-019
2772 Bay Shore Drive
Subject Property
16
08/17/2017
Attachment No. ZA 3
Project Plans
17
3/30/2017