HomeMy WebLinkAbout08_Vincent Residence CDP_PA2020-012CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 12, 2020
Agenda Item No. 8
SUBJECT: Vincent Residence (PA2020-012)
Coastal Development Permit No. CD2020-007
SITE LOCATION: 1502 South Bay Front
APPLICANT: Ian Harrison, Architect
OWNERS: Garth and Gina Vincent
PLANNER: Stefanie Edmondson, AICP, Planning Consultant
949-644-3200, sedmondson@newportbeachca.gov
LAND USE AND ZONING
x General Plan: RT (Two Unit Residential)
x Zoning District: R-BI (Two-Unit Residential, Balboa Island)
x Coastal Land Use Category: RT E (Two Unit Residential) (30.0-39.9 DU/AC)
x Coastal Zoning District: R-BI (Two-Unit Residential, Balboa Island)
PROJECT SUMMARY
A request for a coastal development permit (CDP) to allow the demolition of an existing
single-family residence and construction of a new 2,488-square-foot, single-family residence
with an attached 412-square-foot, two-car garage. The proposed project complies with all
applicable development standards including height, setbacks, and floor area limits. The
proposed development also includes additional appurtenances such as walls, fences,
patios, hardscape, drainage devices, and landscaping. No deviations from applicable
development standards are requested.
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) of the CEQA Guidelines, 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. CD2020-007 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
x The subject property is located in the R-BI (Two-Unit Residential, Balboa Island) Coastal
Zoning District, which provides for one- and two-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 because the property is located in the Coastal Commission Appeal Area.
x The property consists of one legal lot originally developed with a duplex in 1972, and
subsequently converted to a single-family residence in 1978. The surrounding
neighborhood is developed with a mixture of one-, two- and three-story residential
structures. The proposed design, bulk, and scale of the development is consistent with
the existing neighborhood pattern of development and expected future development
consistent with applicable development standards.
x The proposed project will conform to all applicable development standards, including
floor area limit, setbacks, and height, as evidenced by the project plans and illustrated in
Table 1 below.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 5 feet 5 feet
Side 3 feet each 3 feet each
Rear 5 feet 5 feet
Allowable Floor Area 2,900 square feet 2,900 square feet
Allowable 3rd Floor Area Not applicable 166 square feet
Open Volume Area Not applicable Not applicable
Parking 2 enclosed 2 enclosed
Height 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
x The property is a bayfront lot that is separated from the water by a public boardwalk and
City-owned concrete seawall/bulkhead. The bulkhead, which protects the subject
property, is part of a larger bulkhead system that surrounds Balboa Island. No
modification to the existing bulkhead is proposed with this project.
x A Coastal Hazards Analysis was prepared for the project by PMA Consulting, Inc., dated
December 25, 2019. The report concludes that, with the implementation of sea level rise
(SLR) adaptation strategies (waterproofing and future raising of the City’s bulkhead), the
proposed development will not be adversely impacted by potential coastal hazards over
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the next 75 years, minimum. The PMA report 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.
x The finished floor elevation of the first habitable floor of the proposed structure is 9.0 feet
based on the North American Vertical Datum of 1988 (NAVD88), which complies with
the minimum 9.0-foot NAVD88 elevation standard for new structures. The development
will be required to be waterproofed to 10.6 feet NAVD88 to accommodate future
anticipated potential sea level rise.
x 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.
x The property is located in an area known for the potential for 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 a building permit. 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
x The property is located within 25 feet of coastal waters. Pursuant to NBMC Section
21.35.030 (Construction Pollution Prevention Plan), a Construction Pollution Prevention
Plan or Erosion Control Plan (CPPP) is required to implement temporary Best
Management Practices (BMPs) during construction to minimize erosion and
sedimentation and to minimize pollution of runoff and coastal waters derived from
construction chemicals and materials. A CPPP has been prepared by Ian Harrison,
licensed architect (Sheet C-4 of Attachment No. ZA 3) and construction plans and
activities will be required to adhere to the CPPP.
x Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the
proximity of the development to the shoreline and the development containing more than
75 percent of impervious surface area, a preliminary Water Quality and Hydrology Plan
(WQHP) or Water Quality Management Plan (WQMP) is required. The preliminary
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WQHP report dated January 20, 2020, was prepared by Ali Rezaei, licensed
professional engineer with RCE Consultants, Inc. The report 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. The final WQMP
will be reviewed with construction plans prior to building permit issuance.
x The development, as proposed and as conditioned, incorporates design features to
minimize the effect of construction and post-construction activities on the marine
environment. These design features include, but are not limited to, one or more of the
following: the appropriate management of equipment and construction materials,
reducing runoff with permeable surfaces, and the use of post-construction best
management practices to minimize the project’s adverse impact on coastal water.
x The project design addresses water quality during construction with the construction
erosion control plan and a post-construction drainage system that includes drainage and
percolation features designed to retain dry weather runoff and minor rain event runoff
on-site. Any water not retained on-site is directed to the City’s storm drain system.
Public Access and Views
x 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 existing residential development neither
provides nor inhibits public coastal access. 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, the project replaces an existing single-
family residence with a new single-family residence. Therefore, the project does not
involve a change in land use, density or intensity that will result in increased demand on
public access and recreation opportunities.
x The project is designed and sited so as not to block or impede existing public access
opportunities and all construction shall occur within the confines of private property with
the exception of the 4-foot, 6-inch front yard encroachment (South Bay Front) for a low
retaining wall and planter box. The applicant shall obtain Public Works Department
review and approval for improvements encroaching into the public right-of-way area.
Such improvements are allowed by City Council Policy L-6.
x Coastal access is currently provided and will continue to be provided by street ends
throughout the neighborhood with access to the public boardwalk along the waterfront.
As conditioned, temporary construction fencing will not displace public access to the
boardwalk or public sidewalks.
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x 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.
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, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment. The Class 3 exemption
includes the construction and location of limited numbers of new, small facilities or
structures.
The proposed project is the demolition of an existing single-family residence and
construction of a new 2,488-square-foot, single-family residence and 412-square-foot
attached two-car garage.
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.
PUBLIC NOTICE
Notice of this application 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
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Development Director in accordance with the provisions of Title 21 (Local Coastal Program
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:
BMZ/se
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2020-007 TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW
SINGLE-FAMILY RESIDENCE WITH APPURTENANT STRUCTURES
LOCATED AT 1502 SOUTH BAY FRONT (PA2020-012)
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 (“Applicant”), with respect to property
located at 1502 South Bay Front, and legally described as Lot 2, Block 1, of Section 5,
Balboa Island requesting approval of a coastal development permit (CDP).
2. The Applicant proposes to demolish a single-family residence and construct a new 2,488-
square-foot, single-family residence with an attached 412-square-foot, two-car garage. The
proposed development also includes additional appurtenances such as walls, fences,
patios, hardscape, drainage devices, and landscaping.
3. The subject property is located within the R-BI (Two-Unit Residential, Balboa Island) Zoning
District and the General Plan Land Use Element category is RT (Two-Unit Residential).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan category
is RT-E (Two-Unit Residential) (30.0 - 39.9 DU/AC) and the Coastal Zoning District is R-BI
(Two-Unit Residential, Balboa Island).
5. The subject CDP application was deemed complete on January 13, 2020. Although the
property was originally developed with a duplex in 1972, it was legally converted to a
single-family residence in 1978, with the issuance of Building Permit No. 742-78. The
proposed project will not result in the reduction of a housing unit on the subject property.
The project is therefore not subject to the provisions of Senate Bill 330, which became
effective on January 1, 2020.
6. A public hearing was held on March 12, 2020, 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 from the California Environmental Quality Act (“CEQA”)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
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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. Class 3 includes the construction of a single-family residence in a residential zone. The
proposed project includes the demolition of an existing single-family residence and
construction of a new 2,488-square-foot, single-family residence with an attached 412-
square-foot, two-car garage consistent with applicable regulations.
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 (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 2,900 square feet and the proposed gross
floor area is 2,900 square feet.
b. The proposed development will provide the required setbacks, which are 5 feet
along the front property line, 3 feet along the side property lines and 5 feet along
the rear property line.
c. The highest guardrail or flat roof is no more than 24 feet, measured from
established grade at every point, as required by NBMC Section 20.30.050(B)(3)
and the highest ridge is no more than 29 feet from established grade, which
complies with the maximum height limitation.
d. The project includes enclosed garage parking for two vehicles, which complies
with the minimum two-space parking requirement for single-family 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 consistent with
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applicable development standards as the neighborhood is developed with a mix of one-,
two- and three-story residential structures.
3. The property is a bayfront lot that is separated from the water by a public boardwalk and
City-owned concrete seawall/bulkhead. The bulkhead which protects the subject property is
part of a larger bulkhead system which surrounds Balboa Island. No modification to the
existing bulkhead is proposed with this project. A Coastal Hazards Analysis was prepared
for the project by PMA Consulting, Inc., dated December 25, 2019. The report concludes
that, with the implementation of sea level rise (SLR) adaptation strategies (water proofing
and future raising of the City’s bulkhead), the proposed development will not be adversely
impacted by potential coastal hazards over the next minimum 75 years. The PMA report
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. 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.
5. The finished floor elevation of the first habitable floor of the proposed structure is 9.00 feet
based on the North American Vertical Datum of 1988 (NAVD88), which complies with the
minimum 9.0-foot NAVD88 elevation standard for new structures. The development will be
required to be waterproofed to 10.6 feet NAVD88 to accommodate future anticipated
potential sea level rise.
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 the CBC prior to building permit issuance.
7. 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.
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 based upon the location and elevation of the property.
9. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the
proximity of the development to the shoreline and the development containing more than 75
percent of impervious surface area, a preliminary Water Quality and Hydrology Plan
(WQHP) or Water Quality Management Plan (WQMP) is required. The preliminary WQHP
report dated January 20, 2020, was prepared by Ali Rezaei, licensed professional engineer
with RCE Consultants, Inc. The report 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. The final WQMP will be reviewed with
construction plans prior to building permit issuance.
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 (LCP) 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 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.
Finding:
B. Conforms to 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. The proposed residential development neither
provides nor inhibits public coastal access. NBMC 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, 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.
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2. 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 with access to the public boardwalk. The applicant shall
obtain Public Works Department review and approval for improvements encroaching into
the public right-of-way area. Such improvements are allowed by City Council Policy L-6.
As stated in Condition of Approval No. 6 below, temporary construction fencing will not
displace public access to the boardwalk or public sidewalks.
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 (“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, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2020-007, 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 MARCH, 2020.
______________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor plans
and building elevations stamped and dated with the date of this approval (except as modified
by applicable conditions of approval).
2. Prior to issuance of building permits, the project plans shall be updated to reflect that a
waterproofing curb will be constructed around the proposed residence as an adaptive
flood protection device up to 10.6 feet based on the North American Vertical Datum of
1988 (NAVD88). Flood shields (sand bags and other barriers) can be deployed across
the openings to protect prevent flooding to the structure.
3. Prior to final building permit inspection, an agreement in a form approved by the City
Attorney between the 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.
4. 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. This letter shall be scanned into the plan set prior to building permit issuance.
5. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers. No demolition or construction materials shall be stored on public
property.
6. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way, or any
development bayward of the private property with exception of the allowable
encroachments authorized by City Council Policy L-6. Existing public access shall be
maintained throughout construction and with implementation of the proposed project.
7. 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,
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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.
8. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be
implemented prior to and throughout the duration of construction activity as designated in
the Construction Erosion Control Plan.
9. 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.
10. 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.
11. 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.
12. Revisions to the approved plans may require an amendment to this Coastal Development
Permit or the processing of a new coastal development permit.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. 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.
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15. 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.
16. Prior to the issuance of building permits, the Applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
17. Prior to the issuance of building permits, the Applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building Division.
18. 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.
19. Prior to issuance of a building permit, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Coastal Development Permit.
20. Prior to issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. Implementation shall be in compliance with the
approved CPPP and WQHP/WQMP and any changes could require separate review and
approval by the Building Division.
21. Prior to the issuance of building permits, the Applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
22. 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.
23. 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.
24. 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.
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Zoning Administrator Resolution No. ZA2020-###
Page 9 of 9
25. This Coastal Development Permit No. CD2020-007 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.
26. The Applicant shall obtain Public Works review and approval of any private improvements
proposed within the public right-of-way area. Such improvements shall comply with City
Council Policy L-6 related to allowable encroachments within public rights-of-way.
Temporary construction fencing during construction shall not be located within the
abutting public access walkway or public sidewalks.
27. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of the Vincent Residence including, but not limited to, Coastal Development Permit
No. CD2020-007 (PA2020-012). 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit No. CD2020-007
PA2020-012
1502 South Bay Front
Subject Property
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Attachment No. ZA 3
Project Plans
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