HomeMy WebLinkAboutZA2019-050 - APPROVING LOT MERGER NO. LM2018-002, WAIVING PARCEL MAP REQUIREMENT UNDER COMMON OWNERSHIP AND COASTAL DEVELOPMENT PERMIT NO. CD2018-017 TO CONSOLIDATE TWO EXISTING SINGLE-FAMILY DWELLINGS INTO ONE SINGLE-FAMILY DWELLING LOCATED AT 1712 ANDRESOLUTION NO. ZA2019-050
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LOT MERGER NO.
LM2018-002, WAIVING THE PARCEL MAP REQUIREMENT
UNDER COMMON OWNERSHIP AND COASTAL
DEVELOPMENT PERMIT NO. CD2018-017 TO CONSOLIDATE
TWO EXISTING SINGLE-FAMILY DWELLINGS INTO ONE
SINGLE-FAMILY DWELLING LOCATED AT 1712 AND 1718
GALAXY DRIVE (PA2018-040)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jay Ferguson, with respect to property located at 1712 and
1718 Galaxy Drive, requesting approval of a coastal development permit.
2. The lots at 1718 Galaxy Drive are legally described as Parcel 1 of Lot Merger No. LM2011-
001. The lot at 1712 Galaxy Drive is legally described as Lot 40 of Tract 4224.
3. The applicant proposes a lot merger and coastal development permit application to waive
the parcel map requirement for parcels under common ownership and allow the
consolidation of two existing single-family residences into a single residence. The lot
merger would combine two legal lots into a single parcel. Project implementation includes
permitting a 182-square-foot hallway connection between the existing 3,720-square-foot,
single-family residence at 1712 Galaxy Drive and the existing 11,207-square-foot, single-
family residence at 1718 Galaxy Drive. The result is a 15,109-square-foot, single-family
residence with attached Code -compliant parking. The project complies with all applicable
development standards and no deviations are requested. Based on the reduction in
density, a coastal development permit is required pursuant to Title 21 (Local Coastal
Program Implementation Plan) of the Municipal Code.
4. The subject property is designated RS-D (Single -Unit Residential Detached) by the
General Plan Land Use Element and is located within the R-1-6000 (Single -Unit
Residential) Zoning District.
5. The subject properties are located within the coastal zone. The Coastal Land Use Plan
category is RSD-A (Single Unit Residential Detached — (0.0 — 5.9 DU/AC)) and it is located
within the R-1-6000 (Single -Unit Residential) Coastal Zone District.
6. A public hearing was held on July 25, 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.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The project is categorically exempt under Section 15315, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). The Class 15
exemption includes the division of property in urbanized areas zoned for residential,
commercial, or industrial use into four (4) or fewer parcels when the division is in
conformance with the General Plan and zoning; no variances or exceptions are required;
all services and access to the proposed parcel to local standards are available; the
parcel was not involved in a division of a larger parcel within the previous two (2) years;
and the parcel does not have an average slope greater than 20 percent. This exemption
includes a lot merger not resulting in the creation of any new parcel and that complies
with the conditions specified above.
2. This project is also 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 a lot merger
to consolidate two existing single-family residences into one single-family residence and
proposes the addition of a 182-square-foot hallway connection.
3. The exceptions to these categorical exemptions 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.
Lot Merger
In accordance with Newport Beach Municipal Code (NBMC) Section 19.68.030 (Lot Mergers)
and 19.08.030 (Waiver of Parcel Map Requirement), the following findings and facts in support
of such findings are set forth:
Finding:
A. Approval of the merger will not, under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons residing
or working in the neighborhood of such proposed use or be detrimental or injurious to
property and improvements in the neighborhood or the general welfare of the City, and
further that the proposed lot merger is consistent with the legislative intent of this title.
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Facts in Support of Finding:
The lot merger will combine two existing lots by removing the interior lot line between them
and will not result in the creation of additional parcels.
2. The project is in an area with an average slope of less than 20 percent.
3. The lot merger is consistent with the purpose and intent of NMBC Title 19 (Subdivisions),
identified in NBMC Subsection 19.04.020 (Purpose and Applicability). The lot merger
will ensure all development is contained within the property and there is no construction
crossing legal property lines.
4. Current and future development on
Title 20 (Planning and Zoning) and
Plan) development standards, whit
protect neighborhood character, and
of the City while implementing the
California Coastal Act of 1976.
Finding:
the proposed parcel will be subject to the NBMC
Title 21 (Local Coastal Program Implementation
h are intended to promote orderly development,
preserve public health, safety, and general welfare
policies of the Coastal Land Use Plan and the
B. The lots to be merged are under common fee ownership at the time of the merger.
Fact in Support of Finding:
The two lots to be merged are under common fee ownership, as evidenced by the
Preliminary Title Report submitted with the application.
Finding:
C. The lots as merged will be consistent or will be more closely compatible with the
applicable zoning regulations and will be consistent with other regulations relating to the
subject property including, but not limited to, the General Plan and any applicable
Coastal Plan or Specific Plan.
Facts in Support of Finding:
The merged parcel will retain the Single -Unit Residential (R-1-6000) zoning designation,
consistent with the surrounding area. The R-1-6000 Zoning District is intended to provide
for areas appropriate for a detached single-family residential dwelling unit located on a
single lot that is 6,000 square feet or greater in area.
2. The Land Use Element of the General Plan designates the subject site as Single -Unit
Residential Detached (RS-D), which applies to a range of single-family residential dwelling
units. The Coastal Land Use Plan designates this site as Single -Unit Residential Detached
(RSD-A), which provides for density ranges from 0.0 to 5.9 dwelling units per acre. The
land use will remain the same and the merger is consistent with the land use designations
of the General Plan and Coastal Land Use Implementation Plan.
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3. The subject property is not located within a specific plan area.
4. Section 20.18.030 of the Zoning Code
requirements. The proposed merger would
conformance to the minimum 6,000-squar
Code.
Finding:
e
establishes minimum lot area and width
result in a 28,910-square-foot parcel that is in
foot interior lot area standard of the Zoning
D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a
result of the merger.
Fact in Support of Finding:
No adjoining parcels will be deprived of legal access as a result of the merger. Legal
access for the merged lot is provided from Galaxy Drive, and will remain unchanged.
Finding:
E. The lots as merged will be consistent with the pattern of development nearby and will
not result in a lot width, depth or orientation, or development site that is incompatible
with nearby lots. In making this findings, the review authority may consider the following:
i. Whether the development of the merged lots could significantly deviate from the
pattern of development of adjacent and/or adjoining lots in a manner that would
result in an unreasonable detriment to the use and enjoyment of other properties.
ii. Whether the merged lots would be consistent with the character or general
orientation of adjacent and/or adjoining lots.
iii. Whether the merged lots would be conforming or in greater conformity with the
minimum lot width and area standards for the zoning district.
Facts in Support of Finding:
Current and future development on the merged lots is required to meet all applicable
development standards and, therefore, will not significantly deviate from the pattern of
development of adjacent and/or adjoining lots in a manner that would result in an
unreasonable detriment to the use and enjoyment of other properties.
2. The proposed lot merger will create a parcel that is consistent with the character or
general orientation of adjacent and/or adjoining lots. Although the current configuration
is two parcels, the property will be used as a single parcel with one single-family
residence. The general orientation of the resulting dwelling will be maintained with a rear
setback adjacent to Galaxy Drive and front setback along the bluff edge.
3. The proposed lot merger will create a larger parcel than those in the immediate vicinity,
but will not result in an unreasonable detriment to the use and enjoyment of other
properties. Both single-family residences are existing and will continue to appear as two
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separate single -story building masses from the street, with the exception of a proposed
single -story, 182-square-foot hallway addition connecting the two buildings. The subject
lots sit along a curved roadway of Galaxy Drive that serves to mitigate visual massing
created by the consolidation. Additionally, restrictions are included in the conditions of
approval that limit all future development at the site to not exceed one-story and stipulate
an open space requirement be maintained in front of the proposed hallway connection
to further reduce bulk.
Finding:
F. The proposed division of land complies with requirements as to area, improvement and
design, flood water drainage control, appropriate improved public roads and property
access, sanitary disposal facilities, water supply availability, environmental protection,
and other applicable requirements of this title, the Zoning Code, the General Plan, and
any applicable Coastal Plan or Specific Plan.
Facts in Support of Finding:
Approval of the proposed lot merger would remove the existing interior lot line, and allow
the property to be used as a single site. The proposed lot would comply with all design
standards and improvements required for new subdivisions by NBMC Title 19, the General
Plan, and the Coastal Land Use Program Implementation Plan.
2. The subject property is not located within a specific plan area.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
G. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
The proposed development complies with applicable residential development standards
including, but not limited to, site coverage limitation, setbacks, height, and parking.
a. The maximum site coverage limitation is 17,346 square feet (or 60 percent) and
the proposed site coverage is 15,630 square feet (54 percent).
b. The proposed development provides the minimum required setbacks, which are 20
feet along the property line abutting the bluff, 6 feet along each side property line
and 6 feet along the rear property line abutting Galaxy Drive.
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The highest roof element of the project is approximately 14 feet, significantly less
than the 24-foot maximum height limit requirement for the R-1-6000 Zoning District.
The project includes garage parking for a total of 8 vehicles, complying with the
minimum three -car garage parking requirement for single-family residences with
more than 4,000 square feet of habitable floor area.
e. The property is located within the Bluff Overlay District of the Local Coastal
Program Implementation Plan, which establishes special development standards
for identified bluff areas of the City. Pursuant to the Bluff Overlay Map B-9B (Upper
Newport Bay Bluffs), the property is located on a bluff subject to marine erosion.
Consistent with the Bluff Overlay standards, the proposed principal dwelling and
major accessory structures are located within Development Area A and setback a
minimum of 25 feet from the bluff edge. Minor accessory structures are located
within Development B, a minimum of 10 feet back from the bluff edge. No
accessory structures are proposed within Development Area C.
2. The neighborhood is predominantly developed with one- and two-story single-family
residences. Along the bluff side of Galaxy Drive, development consists primarily of
single -story, single-family dwellings. The proposed single -story design, bulk, and scale
of the development is consistent with the existing neighborhood pattern of development
and expected future development.
3. The properties are located above a bluff top that descends to the Upper Newport Bay
Ecological Reserve, approximately 90 feet above sea level. A Geotechnical
Commentary report, dated May 15, 2019, was prepared by Petra Geosciences, for the
project. The report regarded previous geologic evaluation of 1718 Galaxy Drive and
provided additional evaluation for 1712 Galaxy Drive. The commentary summarized the
findings of these studies, which include the determination of the site's stability to have a
1.5 factor of safety. Additionally indicated is that bluff erosion could occur as a result of
poor drainage of the ground surface along the top of the bluff, which could result in water
flowing over the slope. However, the ground surfaces above the bluff have been graded
so that they flow into area drains, which then carry the water to the curb and gutter of
Galaxy Drive. As such, erosion due to poor drainage is not considered to be a concern.
Moreover, the bluff is part of a protected ecological reserve and, therefore, not subject
to any adverse activities such as hiking or climbing. Erosion due to activities by man are
also not of concern. The potential for future bluff retreat or structural damage due to
adverse hazards such as sea level rise, flooding, wave attack, or slope erosion was
considered negligible.
4. 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.
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
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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 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.
7. Proposed landscaping complies with Implementation Plan Section 21.30.075. A
condition of approval is included that requires drought -tolerant species. Prior to issuance
of building permits, the final landscape plans will be reviewed to verify invasive species
are not planted and only temporary irrigation is installed within 10 feet of the bluff edge
(Bluff Development Area C).
Finding:
H. 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. The existing residential developments 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 is a lot merger to consolidate
two single-family residences into one single-family residence. Therefore, the project does
involve a change in land use, density or intensity, but will not result in increased demand
on public access and recreation opportunities.
2. The project site is located on a bluff in the Upper Newport Bay and does not provide nor
inhibit public coastal access opportunities. The project is designed and sited so as not
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 project.
The nearest coastal access opportunity is currently provided by a trail off Constellation
Drive, approximately 2,100 feet away from the subject site.
3. The closest public viewpoint is located at the east end of Mariners Drive abutting the edge
of the Upper Newport Bay Bluff, approximately 670 feet away from the subject sites. Due
to the distance of the proposed development from the public viewpoints and the project's
compliance with height and setbacks, the project will not impact coastal views.
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NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2018-002 and Coastal Development Permit No. CD2018-017 subject to the conditions
set forth in Exhibit 'A" which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this 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 25TH DAY OF JULY, 2019.
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4gh Ung
Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
The map shall be submitted to the Public Works Department for final map review and
approval. All applicable fees shall be paid.
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. Prior to the issuance of building permits, for any construction to cross the existing interior
lot line between the two (2) lots proposed to be merged, recordation of the Lot Merger
documents with the County Recorder shall be required.
4. All easements shall be plotted and all easement documents provided upon final map
review.
5. Prior to building permit final for the hallway connection and addition, all unpermitted
improvements within the Back Bay/State property shall be removed.
6. All development on the site shall be used for single -unit dwelling purposes only. Any
reversion to underlying legal lots or use of the property for two separate dwellings shall
be subject to new tentative parcel map and coastal development permit applications.
7. All future construction at the site shall be limited to single -story development, not to
exceed the existing roofline height of 14 feet above the building pad.
8. The open space area located in front of the proposed connection hallway that creates a
visual break between the two existing buildings shall be maintained clear to the rear
setback line adjacent to Galaxy Drive. Additions or modifications to the connection
hallway that would diminish this visual break shall not be allowed.
9. 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).
10. Prior to the 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.
11. Prior to the issuance of building permits, 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
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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.
12. 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.
13. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
14. This Coastal Development Permit does not authorize any development bluffward of the
private property.
15. The applicant is responsible for compliance with the Migratory Bird Treaty Act. 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.
16. 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.
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.
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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. 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.
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. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
21. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
22. 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.
23. 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.
24. 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.
25. 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.
26. Prior to the issuance of 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.
27. Prior to the 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 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.
28. 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
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plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
29. 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.
30. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
31. 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.
32. This Lot Merger No. LM2018-002 and Coastal Development Permit No. CD2018-017 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.
33. 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 Matthews Residence including, but not limited to, Lot Merger No. LM2018-002
and Coastal Development Permit No. CD2018-017 (PA2018-040). 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,
attomeys' 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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