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HomeMy WebLinkAboutZA2023-042 - APPROVING A COASTAL DEVELOPMENT PERMIT FOR A NEW DETACHED ADU AND A MODIFICATION PERMIT FOR A NEW CARPORT TO DEVIATE FROM THE MINIMUM REQUIRED WIDTH LOCATED AT 1216 WEST BALBOA BOULEVARD (PA2022-088)01-10-2023 RESOLUTION NO. ZA2023-042 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A COASTAL DEVELOPMENT PERMIT FOR A NEW DETACHED ADU AND A MODIFICATION PERMIT FOR A NEW CARPORT TO DEVIATE FROM THE MINIMUM REQUIRED WIDTH LOCATED AT 1216 WEST BALBOA BOULEVARD (PA2022-088) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by 1216 West Balboa LLC, concerning property located at 1216 West Balboa Boulevard, requesting approval of a coastal development permit and modification permit. 2. The lot at 1216 West Balboa Boulevard is legally described as Lots 5 and 6, Block 112 of Tract No. 234. 3. The applicant requests a Coastal Development Permit to construct a 386-square-foot accessory dwelling unit (ADU) on an existing multi-unit residential property. The ADU would be detached from the primary multi-unit structure and elevated above a new two (2)- space carport. The new two (2)-space covered carport would replace two (2) existing uncovered parking spaces. The existing four (4)-car garage would also be converted to four (4) open carport spaces and one (1) additional tandem parking space would be added on-site. A modification permit is also requested to reduce the required parking space dimensions of the new two (2)-space carport from 20 feet deep by 20 feet wide to 20 feet deep by 18 feet wide (i.e. two (2) feet narrower). No other changes to the existing multi- unit structure are proposed. 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-Unit Residential) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two Unit Residential - (20.0 - 29.9 DU/AC)) and it is located within the R-2 (Two-Unit Residential) Coastal Zone District. 6. A public hearing was held on June 15, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given by the Newport Beach Municipal Code (NBMC). 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 15303, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Zoning Administrator Resolution No. ZA2023-042 Page 2 of 13 01-10-2023 Conversion of Small Structures) because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the demolition and construction of up to three single-family residences in urbanized areas. The proposed project consists of the addition of a detached 386- square-foot accessory dwelling unit in conjunction with an existing multi-unit structure and therefore qualifies for this exemption. 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. Coastal Development Permit By 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 proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and number of parking spaces. a. The maximum floor area limitation is 850 square feet per ADU for a studio/one-bedroom unit. The proposed ADU will be approximately 386 square feet. The maximum floor area limit for the property is 10,320 square feet, and with the proposed 386-square-foot ADU, the total floor area would be 5,949 square feet. Therefore, the property is approximately 60 percent of the total floor area allowed by the NBMC. b. The proposed development provides the minimum required setbacks, which are 0 feet along the rear property line abutting the alley and 4 feet along the side property line. c. The highest point of the proposed ADU structure (including carport below) is 17 feet from established grade, which complies with the 18-foot maximum height limit identified in Section 20.48.200(F)(3)(c)(i) of the NBMC. Although recent revisions to the ADU development standards have been adopted in Title 20 of the NBMC, the corresponding updates in Title 21 are in process with the Zoning Administrator Resolution No. ZA2023-042 Page 3 of 13 01-10-2023 California Coastal Commission, including an allowance for detached ADUs to reach 18 feet maximum. Based on direction received from California Coastal Commission staff, since State Law governing ADUs allows detached ADUs to reach 18 feet, the 18-foot height limit shall apply provided there are no impacts to coastal resources. d. The existing 7-unit multi-unit development includes four (4) enclosed garage spaces and two (2) uncovered parking spaces. The proposed ADU requires one additional parking space on-site. i. The project replaces the existing two uncovered parking spaces that will be displaced by the new ADU. The two uncovered parking spaces will be redesigned as a two (2)-space carport below the ADU. ii. The garage doors on the existing two-(2) car garages onsite (4 parking spaces total) that serve the existing multi-unit building will be removed to create open carports. The converted carports will include one additional tandem space at the back of the existing garage, which complies with the requirement to add one additional parking space on-site. Because the proposed carports are visible from the alley and not secured by a garage door, it increases the likelihood that the parking spaces will be used for the storage of vehicles and not for the storage of other items. Therefore, the proposed project will improve the parking conditions on site. iii. The project also includes the installation of bike racks onsite to accommodate 8 bicycles, providing tenants the option for alternative modes of transportation. iv. A modification permit is requested to deviate from the Title 20 standard width requirement for a new two-car carport below the ADU. For properties that are over 40 feet wide, Title 20 of the NBMC requires a minimum of 20 feet deep by 20 feet wide clear for two-(2) car parking. The proposed carport is 20 feet deep by 18 feet wide which is two (2) feet narrower than the minimum requirement. However, the 18-foot width would be acceptable if the lot was narrower, and has proven to be sufficient width to accommodate two vehicles. Lastly, Title 21, of the NBMC does not include minimum dimensions for parking spaces and no deviations to Title 21 standards are requested. 2. The neighborhood is predominantly developed with one- and two-story multi-unit residences. There are several multi-unit residential structures along West Balboa Boulevard, which are primarily one to two stories. Of the 11 properties in the block, 9 are multi-unit structures containing more than two dwelling units. The largest development includes 8 units, with the bulk of properties including 3 to 4 units. The properties behind the subject site are primarily duplexes and single-unit dwellings that consist of mainly two stories with a few one- and three-story structures. The proposed ADU is on the second story and would reach approximately 17 feet, where the existing Zoning Administrator Resolution No. ZA2023-042 Page 4 of 13 01-10-2023 multi-unit structure on site is approximately 20 feet. The proposed ADU’s design, bulk, and 2-story scale are consistent with the existing neighborhood pattern of development. 3. The property is in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 4. The property is located within 270 feet of coastal waters. A construction erosion control plan was provided to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. The project design also addresses water quality through the inclusion of a post-construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. 5. The development is located on an inland property in a developed area approximately 270 feet from the bay. The project site is separated from the bay (the nearest body of water) by two rows of residential development and the West Bay Avenue right-of-way. The finished floor elevation of the first floor of the proposed structure is approximately 18 feet based on the North American Vertical Datum of 1988 (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard for new structures. The identified distances from the coastal hazard areas coupled with the higher finished floor elevation will help to ensure the project is reasonably safe for the economic life of the structure. 6. New landscaping is not proposed nor required as part of this project. Any future landscaping would be required to comply with the NBMC. 7. The project site is not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is at Marina Park and is not visible from the site. The proposed ADU is located at the rear of the site along the alley and would not be visible from West Balboa Boulevard or 12th Street, as the existing multi-family structure obstructs views. Furthermore, the proposed ADU complies with all applicable Local Coastal Program (LCP) development standards and maintains a height and setback consistent with the existing neighborhood pattern of development. 8. The project does not contain any unique features that could degrade the visual quality of the coastal zone. The proposed ADU is approximately 2 feet lower than the existing roof of the multi-unit structure and the gross floor area would be approximately 60 percent of what is allowed by the NBMC, reducing the bulk and scale of the 386-square foot ADU. Although recent revisions to the ADU development standards have been adopted in Title 20 of the NBMC, the corresponding updates in Title 21 are in process with the California Coastal Commission, including an allowance for detached ADUs to reach 18 feet Zoning Administrator Resolution No. ZA2023-042 Page 5 of 13 01-10-2023 maximum instead of the prior standard of 16 feet. In the interim, California Coastal Commission staff has provided direction stating that since State Law governing ADUs allows detached ADUs to reach 18 feet, the 18-foot height limit shall apply provided there are no impacts to coastal resources. Based on the small size of the unit (386 square feet where 850 square feet is allowed), scale of existing development onsite and in the vicinity, and compatibility with the existing rooflines (existing multi-unit structure is two feet higher than the proposed ADU), no impacts to coastal views are anticipated. 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. Facts in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline. Section 21.30A.040 of the NBMC 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 creates one ADU in conjunction with an existing multi-family development. Section 21.48.200 of the NBMC (Accessory Dwelling Units) allows up to two detached ADUs on a parcel that is developed with a multi-family structure. Although the project will add one additional dwelling unit to the property, it is accessory to primary multi-unit structure and is a studio with limited occupancy (and associated demand on public access). The ADU also includes its own parking on-site, which would reduce the need to park on the street and avoids impacts to public parking availability. 2. The project site was previously located within a half (1/2) mile of a transit stop, however in February 2023, Orange County Transportation Authority (OCTA) terminated this section of the bus route. Where the project was previously exempt from parking, it now requires and includes one additional parking space for the ADU. Additionally, the new ADU and parking space is accessible via the alley in the rear of the property and would not result in any curb cuts or loss of parking. Thus, 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. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 3. Vertical and Lateral access to the bay and beach is available approximately 200 feet from the site along 12th Street where there is a small access point. The project does not include any features that would obstruct access along these routes. Modification Permit In accordance with Section 20.52.050.E (Modification Permits – Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2023-042 Page 6 of 13 01-10-2023 Finding: C. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1. The majority of residential developments in the vicinity provide access to their garage or carport via the alley, consistent with the proposed project. 2. Other properties in the area are smaller in width and require garages or carports that are 17 feet 6 inches wide (for lots 30 wide or less) or 18 feet 6 inches wide (for lots between 30.1 and 39.99 feet wide), where the subject site (approx. 62 feet wide) requires a width of 20 feet (for lots 40 feet or greater). The proposed 18-foot-wide garage represents a minor 2-foot deviation that is similar in size to other parking spaces in the area, which demonstrates that an 18-foot width is sufficient for the parking of two vehicles. 3. The proposed two-car carport is located in the same location as the existing uncovered parking spaces. 4. The project will maintain and enhance existing on-site parking. Currently, on-site parking consists of four garage spaces and two uncovered spaces in the open area where the ADU will be constructed. The ADU is being constructed as an elevated unit to maintain the existing two parking spaces as tuck-under parking. The project also proposes to make the existing 4-car garage spaces more usable by (1) removing the garage doors (ensuring car usage as opposed to storage) and (2) eliminating the wall separating the two garages, which will create a larger garage space to more easily accommodate cars. 5. The proposed side-by-side parking width is consistent with prevailing parking space widths in the general vicinity. Many of the existing parking spaces for the surrounding single-unit and multi-unit homes do not comply with current standards and are considered existing non-conforming. Finding: D. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and/or characteristics of the use. Facts in Support of Finding: 1. The Zoning Code requires that replacement parking spaces require a minimum of 20 feet in width (on a 40-foot-wide lot or greater) and 20 feet deep. The NBMC requires a four-foot side yard setback for the ADU and the carport walls. Excluding required supports for the carport and ADU above, there is only 18 feet of width remaining between the side setback and the existing multi-unit structure onsite. Therefore, because of the location of the existing building and side setback, a 20-foot garage width is not physically possible. Zoning Administrator Resolution No. ZA2023-042 Page 7 of 13 01-10-2023 2. The granting of the Modification Permit is necessary to allow the construction of a new ADU with tuck under parking that replaces the existing two uncovered spaces. Additionally, the reduction in width is negligible in that it would still allow two vehicles to park inside. 3. The existing uncovered parking is also currently constrained in width because of the existing electrical panel structure located on the northern wall of the existing structure, which projects into the yard approximately 2 feet. That electrical panel structure and the associated electrical panels will be relocated. Finding: E. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: 1. Due to the existing development onsite and lot dimensions, a detached ADU could not be constructed on the site without affecting existing on-site parking. The proposed parking area of the site is the only location to accommodate a detached ADU. Although the design of the proposed ADU will comply with all applicable Title 20 and 21 standards and State ADU requirements, the Title 20 standards related to side-by-side parking would preclude construction of the ADU. The purpose and intent of Zoning Code Chapter 20.40 (Off-Street Parking) is to provide sufficient off-street parking to serve on- site land uses, which in this case is the existing multi-unit structure and proposed ADU. The proposed project replaces two off-street parking spaces (uncovered) for a total of 7 parking spaces to serve the residential use whereas the existing design provides 6 parking spaces. 2. At the time of application filing, the project site was within a 1/2 mile of public transit. Under the existing NBMC provisions governing ADUs, parking would not have been required for the ADU. However, OCTA eliminated the extension of Line 47 down Balboa Boulevard in March 2023. The project site is now just outside of the 1/2-mile walking distance from the closest Line 47 stop. The project was revised to add one additional parking space onsite, therefore a two-car carport is proposed in lieu of a one-car carport that would have previously been sufficient. Finding: F. There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Zoning Administrator Resolution No. ZA2023-042 Page 8 of 13 01-10-2023 Facts in Support of Finding: 1. Increasing the width of the carport to 20 feet would require the building to encroach 2 feet into the required side setback of 4 feet. Review and approval of a variance would be required to allow this deviation. Furthermore, relief from the Title 21 setback development standards would also be required to implement this alternative. The deviation to the setback requirement may impact the adjacent neighbors and may result in Building Code or Fire Code conflicts. 2. The applicant could shift the carport two feet towards the existing garage and multi-unit structure to accommodate the additional width. However, that would result in a reduction in width of the existing garages onsite which would not improve the parking conditions. Finding: G. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: 1. The proposed deviation for the two-car garage, would not impact light, air, and privacy of surrounding neighbors. The new ADU and two-car carport will be consistent in scale with other dwellings in the neighborhood. 2. The proposed project would comply with all other development standards such as height, setbacks, and maximum floor area. 3. The proposed project maintains the minimum 3-foot side yard for fire access in accordance with Zoning Code Section 20.30.110 (Setbacks Regulations and Exceptions), Subsection A(1)(c). 4. The approval of this Modification Permit is conditioned such that the applicant is required to obtain all necessary permits in accordance with the Building Code and other applicable Codes. The Building Division has reviewed the proposed project and included a condition of approval for demonstration of project compliance with Building Codes. 5. The project provides additional parking for the ADU and maintains existing parking for the primary multi-unit dwellings, which will ensure that the ADU occupant does not require the use of on-street parking spaces. Thus, no impacts to coastal resources will result from providing a reduced width of on-site parking. Zoning Administrator Resolution No. ZA2023-042 Page 9 of 13 01-10-2023 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 under Section 15303 under Class 3 (New Construction of 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 and the exceptions to this exemption do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit and Modification Permit (PA2022-088), subject to the conditions outlined 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 by the provisions of Title 21 Local Coastal Program (LCP) 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 (Appeal to the Coastal Commission) 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 15TH DAY OF JUNE, 2023. Zoning Administrator Resolution No. ZA2023-042 Page 10 of 13 01-10-2023 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Prior to the issuance of a building permit, the accessory dwelling unit (ADU) shall require a deed restriction that prohibits separate sale of the ADU and prohibits rental or leasing of the ADU for 30 days or less. 3. All parking spaces shall remain clear and free obstructions for the parking of vehicles. No storage (except for the parking of vehicles) is allowed within the required parking spaces. 4. The existing garage doors on both two-(2) car garages onsite shall be removed to create open carports. The converted carports shall include and maintain one additional tandem space at the back of the existing garage. The interior wall of the garages shall also be removed the extent feasible to increase the interior clear space for the parking of vehicles. 5. The project shall install and maintain bike rack(s) for the storage of at least 8 bicycles. 6. This approval does not authorize any new or existing improvements (including landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches, or the public right-of-way. 7. 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 including, but not limited to, the adjacent alley. 8. Prior to the issuance of building permits, the applicant shall submit a construction management plan, reviewed and approved by the Public Works Department and Planning Division, demonstrating the applicant will have sufficient access to the site during construction and will not impact public access. Said plan shall also indicate areas for the storage of construction equipment and materials. 9. 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, 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: Zoning Administrator Resolution No. ZA2023-042 Page 11 of 13 01-10-2023 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. 10. 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. 11. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 12. 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. 13. 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. 14. Revisions to the approved plans may require an amendment to this CDP and/or Modification Permit or the processing of a new CDP and/or Modification Permit. 15. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 16. 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. 17. 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. Zoning Administrator Resolution No. ZA2023-042 Page 12 of 13 01-10-2023 18. 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. 19. 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. 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 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. 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. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 24. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7 AM and 10 PM Between the hours of 10 PM and 7 AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 25. 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. 26. 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 Zoning Administrator Resolution No. ZA2023-042 Page 13 of 13 01-10-2023 property owner or agent. 27. This Coastal Development Permit and Modification Permit filed as PA2022-088 shall expire unless exercised within 24 months from the date of approval as specified in Sections 20.54.060 and 21.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 28. 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 1216 West Balboa LLC Accessory Dwelling Unit including, but not limited to, the Coastal Development Permit and Modification Permit filed as PA2022-088. 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. Building Division 29. Prior to building permit issuance, a soils report shall be provided. 30. The proposed stairs shall be a minimum of 36 inches clear for access (i.e. 36 inches wide) with an exception for allowable handrail projection. 31. The enclosed space under the exterior stairs shall be 1-hour rated construction.