Capitola planning panel approves remodel at 427 Riverview with narrowed indemnity, culvert protections

The Capitola Planning Commission on Oct. 2 approved a design permit and coastal development permit for a major remodel at 427 Riverview Avenue, subject to changes to several conditions of approval including a narrowed indemnity clause, correction of the project address, and a tree-replacement clarification.

The commission’s approval follows a focused discussion about an underground drainage culvert that runs beneath the property and a legal dispute over whether property owners should bear responsibility for damage to the culvert. The commission accepted revised language limiting an indemnity requirement to damages "directly resulting from the applicant's construction activity, negligence, or failure to follow approved plans" and removed a separate condition that had required the applicant to obtain consent from unidentified easement holders.

Staff described the proposal as a comprehensive remodel that merges two existing two‑story structures into a single building without increasing floor area, adding a raised bridgeway over an existing…