HomeMy WebLinkAboutZA2018-067 -COASTAL DEVELOPMENT PERMIT, CONDOMINIUM CONVERSION AND TENTATIVE PARCEL MAP TO CONVERT AN EXISTING DUPLEX TO CONDOMINIUMS - 206 AND 206 1/2 29TH STREET04-03-2018
RESOLUTION NO. ZA2018-067
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CC2018-001, CONDOMINIUM
CONVERSION NO. CC2018-001, AND TENTATIVE PARCEL MAP
NO. NP2018-011 TO CONVERT AN EXISTING DUPLEX
LOCATED AT 206 AND 206 ½ 29TH STREET TO
CONDOMINIUMS (PA2018-067)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bryan Shirley and June Windmuller (“Applicant and “Owner”),
with respect to property located at 206 and 206 ½ 29th Street, requesting approval of a
coastal development permit, condominium conversion, and tentative parcel map.
2. The lot at 206 and 206 ½ 29th Street is legally described as Lot 4, Block 128, Lake Tract.
3. The applicant proposes a coastal development permit, condominium conversion, and
tentative parcel map to convert an existing 2,897-square-foot, two-story, duplex into
condominiums for individual sale of the units. The code required two-car parking per unit
will be provided and no waivers of Title 19 (Subdivision Code) development standards are
proposed with this application. The proposed residence complies with all other applicable
development standards including height and floor area limits. Approval of the Tentative
Parcel Map and Condo Conversion Permit would allow each unit to be sold individually as
condominiums.
4. The subject property is designated RT (Two-Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Family Residential Zoning District.
5. 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 it is located within the R-
2 (Two-Unit Residential) Coastal Zone District.
6. A public hearing was held on May 24, 2018, 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 pursuant to Title 14 of the California Code of
Regulations Section 15301 and 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act (CEQA) under Class 1
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(Existing Facilities) and Class 15 (Minor Land Divisions), because it has no potential to
have a significant effect on the environment.
2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment,
or topographical features, involving negligible or no expansion of use beyond that
existing at the time of the lead agency’s determination. The proposed project consists
of the conversion of an existing 2,897-square-foot duplex with an attached 4-car garage
involves minimal physical improvements to an existing duplex. The conversion of the
duplex into condominiums will allow the units to be sold separately.
3. The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four 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 parcels are available, the parcel was
not involved in a division of a larger parcel within the previous two years, and the parcel
does not have an average slope greater than 20 percent. The Tentative Parcel Map and
Condominium Conversion is for individual sale of the units and is consistent with all of
the requirements of the Class 15 exemption.
4. 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 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:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Tentative Parcel Map and Condominium Conversion is for condominium purposes
and meets all of the requirements of the Local Coastal Program including 21.30.025
(Coastal Subdivisions).
2. The existing duplex complies with applicable residential development standards
including, but not limited to, floor area limitation, height, and parking.
a. The maximum floor area limitation is 3,576 square feet and the existing floor area
is 2,897 square feet.
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b. The existing duplex is nonconforming at the right side yard setback where the
structure projects 2 feet into the required 3 -foot side setback. This nonconformity
is allowed to remain by right since there is no addition or expansion of the existing
structure. The duplex complies with all other minimum required setbacks, which
are 5 feet along the front property line abutting 29TH Street, 3 feet along the left side
property line and 5 feet along the rear property line abutting the alley.
c. The highest roofline is 24 feet from existing grade, which complies with the
maximum height requirement of 24 feet for flat roof structures and 29 feet for
pitched rooflines.
d. The project includes garage parking for a total of four vehicles, complying with the
minimum one-car garage and one covered or garage parking space per dwelling
unit.
3. The neighborhood is predominantly developed with two - and three-story, single-family
and two-unit residences. The design, bulk, and scale of the existing development is
consistent with the existing neighborhood pattern of development and expected future
development.
4. 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.
5. The project site is not located between the nearest public road and the sea or shoreline
area and approval of the parcel map would not affect public recreation access or views.
There are no open space areas or bikeways within the boundaries of the parcel map
that would require any easements or dedication.
6. The project site is not located between the nearest public road and the sea or shoreline
and approval of the parcel map will not affect public recreation access or views. The
closest Public Viewpoint is located at Newport Pier, approximately 2,000 feet from the
property. The existing duplex 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 and floor area, the project will
not impact 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 not located between the nearest public road and the sea or shoreline;
the project will not affect the public’s ability to gain access to, use, and/or view the coast
and nearby recreational facilities.
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2. Vertical access to the bay is available approximately 780 feet southeast of the site at the
street end along Villa Way.
3. Vertical access to the beach is available approximately 530 feet southwest of the site at
the street end along 29TH Street where there is a public beach with access to the water.
4. The public beach is also the start of a 12-foot-wide public sidewalk providing lateral access
and views of the ocean.
Condominium Conversion
In accordance with Section 19.64.070 (Standards for Condominium Conversions) of the
Newport Beach Municipal Code, the following findings are set forth:
Finding:
C. The minimum number, and the design and location of off-street parking spaces shall be
provided in conformance with the provisions of the Zoning Ordinance in effect at the
time of approval of the conversion.
Facts in Support of Finding:
1. As permitted and conditioned, each unit will provide a one-car garage and a one-car
carport or garage.
2. The four spaces provided meet the number of spaces required (two per unit) per Chapter
20.40 (Off-Street Parking) of the Zoning Ordinance.
Finding:
D. Each dwelling unit within a building shall have a separate sewer connection to the City
sewer.
Fact in Support of Finding:
1. As permitted and conditioned, each unit of the duplex will maintain separate sewer
connections to the City sewer.
Finding:
E. Each sewer lateral shall be retrofitted/fitted with a cleanout at the property line.
Fact in Support of Finding:
1. As permitted and conditioned, each unit of the duplex will maintain a separate sewer
cleanout located at the property line.
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Finding:
F. Each unit shall maintain a separate water meter and water meter connection.
Fact in Support of Finding:
1. As permitted and conditioned, each unit of the duplex will maintain a separate water meter
and water meter connection.
Finding:
G. The electrical service connection shall comply with the requirements of Chapter 15.32
(Underground Utilities) of the Newport Beach Municipal Code.
Fact in Support of Finding:
1. The duplex was constructed with an electrical service connection that was, at such time,
determined to be in compliance with the requirements of Chapter 15.32. No upgrades
or changes are required to the existing service connections.
Finding:
H. The applicant for a condominium conversion shall request a special inspection from the
Building Division for the purpose of identifying any building safety violations. The
applicant shall correct all identified safety violations prior to approval of a final map for
the condominium conversion.
Facts in Support of Finding:
1. A special inspection was conducted on April 30, 2018, and the building inspector noted the
presence of a habitable loft area over the kitchen and nonconforming guardrail heights
(Attachment No. ZA 4). As conditioned, access to the loft area must be removed so this
area cannot be utilized as habitable floor area prior to condominium conversion permit
issued by the Building Division.
Finding:
I. Permanent lot stakes and tags shall be installed at all lot corners by a licensed surveyor
or civil engineer unless otherwise required by the City Engineer.
Fact in Support of Finding:
1. As conditioned, the project will comply with this requirement prior to recordation of the
final parcel map.
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Finding:
J. For residential conversions, the project shall be consistent with the adopted goals and
policies of the General Plan, particularly with regard to the balance and dispersion of
housing types within the City.
Facts in Support of Finding:
1. The project is consistent with the adopted goals and policies of the Land Use Element
and other Elements of the General Plan. The project site is designated as RT (Two-Unit
Residential) by the Land Use Element of the General Plan. The existing duplex is
consistent with the RT land use category, which is intended to provide for a range of
two-family dwelling units such as duplexes and townhomes.
2. An existing, remodeled two-unit duplex will be converted into a two-unit condominium. The
residential density on the site will remain the same.
Finding:
K. The establishment, maintenance or operation of the use or building applied for shall not,
under the circumstances of the particular case, be detrimental to the health, safety,
peace, comfort and general welfare of persons residing or working in the neighbo rhood
of such proposed use or be detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
Facts in Support of Finding:
1. The application of the project as conditioned will ensure the health, safety, peace, comfort,
and general welfare of persons residing or working in the neighborhood and the City.
2. The requested application is to convert an existing duplex into two condominiums for
individual sale of the units on property located within the R-2 Zoning District.
3. Public improvements will be required of the Applicant per the Municipal Code and the
Subdivision Map Act.
Tentative Parcel Map
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved
based on the following findings per Section 19.12.070 (Required Findings for Action on
Tentative Maps) of Title 19:
Finding:
L. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with applicable
provisions of the Subdivision Map Act and this Subdivision Code.
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Facts in Support of Finding:
1. The Tentative Parcel Map is for two -unit residential condominium purposes. The two-
unit duplex will comply with current condominium standards. The proposed subdivision
and improvements are consistent with the density of the R-2 Zoning District and the
current RT General Plan Land Use Designation.
2. The Tentative Parcel Map does not apply to any spec ific plan area.
Finding:
M. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The lot is physically suitable for two-unit development because it is regular in shape and
is relatively flat.
2. The subject property is accessible from 29TH Street and the alley at the rear and is
adequately served by existing utilities.
Finding:
N. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife
or their habitat. However, notwithstanding the foregoing, the decision making body may
nevertheless approve such a subdivision if an environmental impact report was
prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social, or other
considerations make infeasible the mitigation measures or project alternatives identified
in the environmental impact report.
Fact in Support of Finding:
1. This project has been reviewed, and it has been determined that it qualifies for a Class
1 and a Class 15 categorical exemption pursuant to Title 14 of the California Code of
Regulations (Sections 15301 and 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act). Class 1, exempts the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanica l equipment, or topographical
features, involving negligible or no expansion of use beyond that existing at the time of
the lead agency’s determination. The proposed project consists of the conversion of an
existing 2,897-square-foot duplex with an attached 4-car garage involves minimal
physical improvements to an existing duplex. The conversion of the duplex into
condominiums will allow the units to be sold separately. The Class 15 exemption allows
the division of property in urbanized areas zoned for residential, commercial, or
industrial use into four or fewer parcels when the division is in conformance with the
General Plan and zoning, no variances or exceptions are required, all services and
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access to the proposed parcels are available, the parcel was not involved in a division
of a larger parcel within the previous two years, and the parcel does not have an average
slope greater than 20 percent. The existing duplex is a permitted use and minimal
physical improvements are necessary to allow the requested condominium conversion
for the individual sale of the units. The site has not been subject to a prior subdivision
and does not have a slope of greater than 20 percent.
Finding:
O. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Fact in Support of Finding:
1. The Tentative Parcel Map is for residential condominium purposes. All improvements
associated with the project will comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health problems. Public improvements wi ll
be required of the applicant per Section 19.28.010 (General Improvement
Requirements) of the Municipal Code and Section 66411 (Local agencies to regulate
and control design of subdivisions) of the Subdivision Map Act. All ordinances of the City
and all Conditions of Approval will be complied with.
Finding:
P. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision. In this connection, the decision making body may approve a
map if it finds that alternate easements, for access or for use, will be provided and that
these easements will be substantially equivalent to ones previously acquired by the
public. This finding shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is hereby granted to
the City Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision.
Fact in Support of Finding:
1. The design of the development will not conflict with easements acquired by the public
at large, for access through, or use of property within the proposed development,
because there are no public easements located on the property.
Finding:
Q. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act,
if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision
of the land would not be too small to sustain their agricultural use or the subdivision will
result in residential development incidental to the commercial agricultural use of the
land.
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Facts in Support of Finding:
1. The property is not subject to the Williamson Act because the subject property is not
designated as an agricultural preserve and is less than 100 acres in area.
2. The site, developed for residential use and lies in a Zoning District that permits
residential uses.
Finding:
R. That, in the case of a “land project” as defined in Section 11000.5 of the California
Business and Professions Code: (1) there is an adopted specific plan for the area to be
included within the land project; and (2) the decision making body finds that the
proposed land project is consistent with the specific plan for the area.
1. California Business and Professions Code Section 11000.5 has been repealed by the
Legislature. However, this Project site is not considered a “land project” as previously
defined in Section 11000.5 of the California Business and Professions Code because
the Project site does not contain 50 or more parcels of land.
2. The project is not located within a specific plan area.
Finding:
S. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Fact in Support of Finding:
1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the
California Building Code that requires new construction to meet minimum heating and
cooling efficiency standards depending on location and climate. The Newport Beach
Building Division enforces Title 24 compliance through the plan check and inspection
process.
Finding:
T. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City’s share of the
regional housing need and that it balances the housing needs of the region against the
public service needs of the City’s residents and available fiscal and environmental
resources.
Fact in Support of Finding:
1. The two-unit duplex is consistent with the R-2 Zoning District which allows two
residential units on the property. Therefore, the Tentative Parcel Map for condominium
purposes will not affect the City in meeting its regional housing need.
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Finding:
U. That the discharge of waste from the proposed subdivision into the e xisting sewer
system will not result in a violation of existing requirements prescribed by the Regional
Water Quality Control Board.
Fact in Support of Finding:
1. The two-unit duplex is designed so that wastewater discharge into the existing sewer
system complies with the Regional Water Quality Control Board (RWQCB)
requirements.
Finding:
V. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with p ublic
access and recreation policies of Chapter Three of the Coastal Act.
Fact in Support of Finding:
1. The subject property is located within the Coastal Zone. A coastal development permit
is requested in conjunction with the proposed tentative parcel map and condominium
conversion application. The project complies with the certified Local Coastal Program
(LCP) and public access and recreation policies of Chapter Three of the Coastal Act.
The facts in support of findings A and B above are hereby incorpo rated by reference.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-028, Tentative Parcel Map No. NP2018-011, and
Condominium Conversion No. CC2018-001, 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.
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PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF MAY, 2018.
_____________________________________
Patrick J. Alford, 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. 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.
Coastal Development Permit Conditions
3. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
4. This Coastal Development Permit does not authorize any development seaward of the
private property.
5. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. 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.
8. 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.
9. 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.
Tentative Parcel Map/Condominium Conversion Conditions
10. A parcel map shall be recorded. The Map shall be prepared on the California coordinate
system (North American Datum of 1983). Prior to recordation of the Map, the
surveyor/engineer preparing the Map shall submit to the County Surveyor and the City
of Newport Beach, a digital-graphic file of said map in a manner described in Section 7-
9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County
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Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport
Beach shall comply with the City’s CADD Standards. S canned images will not be
accepted.
11. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie
the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County
Subdivisions Code and Orange County Subdivision Manual, Subarticle 18. Monuments
(one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved
by the Subdivision Engineer. Monuments shall be protected in place if installed prior to
completion of the project.
12. No more than two dwelling units shall be permitted on the site.
13. Two-car parking, including one enclosed garage space and one covered or enclosed
parking space, shall be provided on site for each dwelling unit per requirements of the
Zoning Code. All parking spaces shall be maintained clear of obstructions for the parking
of vehicles at all times.
14. Prior to the final of the building permit for the special inspection, the applicant shall
resolve all building safety violations identified in the Condominium Conversion
Inspection Report dated April 30, 2018.
15. Reconstruct all damaged sidewalk panels, cub, gutter, and street along the 29 th Street
property frontage and any damaged concrete alley panels along the alley property
frontage as determined by the Public Works Department.
16. Prior to recordation of the Parcel Map, the ladder to the open space above the kitchen
shall be removed and this area shall not be utilized as habitable floor area.
17. Prior to recordation of the Parcel Map, each unit shall separately and independently
provide a fire riser to the satisfaction of the Building Official.
18. Prior to the recordation of the Parcel Map, the applicant shall provide plans to the
satisfaction of the Building Division demonstrating:
a. That walls separating units have one-hour fire resistive assembly with a sound rating
of STC50.
b. That floors separating units have one-hour fire resistive assembly and sound rating
meeting STE50.
c. That the separation from garage or carport shall comply with 3(b).
d. That the walls supporting one-hour floors shall be one-hour assembly.
e. That the structure shall comply with required fire separation distance to the property
line.
19. All existing overhead utilities shall be undergrounded.
20. All above ground improvements shall stay a minimum 5-foot clear of the alley setback.
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21. Each unit shall be served by its individual water meter and sewer lateral and cleanout.
Each water meter and sewer cleanout shall be installed with a traffic -grade box and
cover.
22. An encroachment permit is required for all work activities within the public right -of-way.
23. All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L.
24. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way could be
required at the discretion of the Public Works Inspector.
25. 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.
26. This Coastal Development Permit No. CD2018-028, Tentative Parcel Map No. ND2018-
011, and Condominium Conversion No. CC2018-001 shall expire unless exercised within
24 months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) and Section 20.54.060 (Time Limits and Extensions) of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
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, attorneys’ 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 Shirley/Windmuller Condominium Conversion including, but not limited to,
Coastal Development Permit No. CD2018-028, Condominium Conversion No.
CC2018-001, and Tentative Parcel Map No. NP2018-011 (PA2018-067). 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.