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HomeMy WebLinkAboutPA2023-0056_20230928_Resolution_ZA2023-059Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL September 28, 2023 Gina Siciliano Sage Modern gina@sagemodern.com Subject: (PA2023-0056) 303 and 305 Fernleaf Avenue 303 Fernleaf Partners, LLC Residential Condominiums Dear Ms. Siciliano, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on September 28, 2023 and is now within the required City appeal period until October 12, 2023. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF At the conclusion of both appeal periods, a building permit may be issued for the project. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, LAW/msw 01-10-2023 RESOLUTION NO. ZA2023-059 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A COASTAL DEVELOPMENT PERMIT AND TENTATIVE PARCEL MAPS TO DEMOLISH TWO (2) EXISTING STRUCTURES WITH A TOTAL OF FIVE (5)-UNITS, REVERT TO THE UNDERLYING TWO (2) LOTS, AND CONSTRUCT TWO (2) NEW, THREE (3)-STORY TWO (2)- UNIT CONDOMINIUMS, AN INTERNAL ACCESSORY DWELLING UNIT, WITH TWO (2) GARAGES AND TWO (2) CARPORTS FOR EACH TWO (2)-UNIT CONDOMINIUM LOCATED AT 303 AND 305 FERNLEAF AVENUE (PA2023-0056) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Gina Siciliano, concerning property located at 303 and 305 Fernleaf Avenue, requesting approval of a coastal development permit. 2. The lot at 303 and 305 Fernleaf Avenue is legally described as Lots 3 and 5 in Block 232. 3. The applicant requests a coastal development permit and two (2) tentative parcel maps to demolish two (2) existing buildings of approximately 1,945 square feet and 2,310 square feet, containing a total of five (5) apartment units and construct two (2), (2) two-unit condominiums with one (1) internal accessory dwelling unit (ADU). The ADU will serve one (1) of the four (4) condominium units. After demolition of the existing structures, the property will revert to the underlying legal lot line configuration to create two (2) individual parcels (303 and 305 Fernleaf Avenue). Each two (2)-unit condominium building will be located on a separate lot. A tentative parcel map is requested for each lot to allow the condominiums to be sold separately. The proposed 3,977-square foot, three (3)-story two (2)-unit condominium at 303 Fernleaf Avenue includes two (2) garage spaces and two (2) carports, and a 261-square-foot internal ADU on the first floor. The proposed 3,977- square-foot, three (3)-story, two (2)-unit condominium at 305 Fernleaf Avenue includes two (2) garage spaces and two (2) carports. 4. The subject properties is categorized Multiple Residential (RM) by the General Plan Land Use Element and is located within the Multiple Residential (RM) Zoning District. 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is Multiple Unit Residential (RM-D 20.0-29.9 DU/AC) and it is located within the Multiple Residential Coastal Zoning District. 6. A public hearing was held on September 28, 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. Zoning Administrator Resolution No. ZA2023-0059 Page 2 of 14 01-10-2023 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 and 15315, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions) because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the demolition and construction of up to six (6) dwelling units in a multi- family residential structure in an urbanized area. The proposed project consists of the demolition of two (2) existing buildings containing a total of five (5) apartment units, reversion to an underlying lot line to create two (2) individual parcels (303 and 305 Fernleaf Avenue) and construct two (2)-unit condominiums on each lot with one (1) internal accessory dwelling unit (ADU). The ADU will serve one (1) of the four (4) condominium units. Therefore, the project includes fewer than six (6) dwelling units and qualifies within this exemption. There are no known exceptions listed in CEQA Guidelines Section 15300.2 (Exceptions) that would invalidate the use of this exemption. 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. The Class 15 exemption allows 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 parcels 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. The tentative parcel map is for condominium purposes and is consistent with all requirements of the Class 15 exemption. SECTION 3. REQUIRED FINDINGS. By Section 21.52.015F (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 on each parcel (303 and 305 Fernleaf Avenue) complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The maximum floor area limitation for each parcel is 4,000 square feet and the proposed floor area is 3,977 square feet for 303 Fernleaf Avenue and 3,977 square feet for 305 Fernleaf Avenue. Zoning Administrator Resolution No. ZA2023-0059 Page 3 of 14 01-10-2023 b. The proposed development on each parcel provides the minimum required setbacks, which are 15 feet along the front property line abutting Fernleaf Avenue, three (3) feet along each side property line, and 10 feet along the rear property line. c. The highest guardrail is less than 28 feet from the established grade (103.5 feet NAVD88) and the highest ridge is no more than 33 feet from the established grade, which complies with the maximum height requirements. d. The project includes garage parking for a total of two (2) vehicles in single-car garages as well as two (2) covered carport spaces on each parcel, complying with the minimum four (4)-car parking requirement for each of the two (2)-unit condominiums. The internal ADU at 303 Fernleaf Avenue does not require additional parking. 2. The Housing Crisis Act of 2019 and Senate Bill 8 (Skinner) prohibit reducing residential density with the approval of a housing development project including re-development of existing properties with nonconforming density. The State Department of Housing and Community Development (“HCD”) has verified that ADUs are considered a housing unit under Government Code Section 66300 provisions for replacement of existing units. The existing structures are 1,945 square feet and 2,310 square feet with the five (5) apartments and will be demolished and rebuilt as two (2) separate parcels. Each parcel will contain a two (2)-unit condominium and one (1) condominium unit at 303 Fernleaf Avenue will include an internal ADU for a total of five (5) replacement units. 3. The neighborhood is predominantly developed with two (2)- and three (3)-story, two (2)- family and multi-family residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 4. The development is located north of Seaview Avenue along Fernleaf Avenue just south of Bayside Drive. It is approximately 900 feet from the Bay, but is still mapped within the appeal area of the California Coastal Commission jurisdiction and is considered between the first public road and the sea. 5. The development is located on an inland property in a developed area approximately 900 feet from the harbor channel. The project is separated from the water by more than four (4) blocks of single, two (2)-and multi-unit development as well as Seaview Avenue and Ocean Boulevard. The finished floor elevation of the proposed development on each lot is 104 feet (NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard. The identified distances from the coastal hazard areas coupled with the higher finished floor elevation will help to ensure the project is reasonably safe from coastal hazards for the economic life of the structures. 6. 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 before the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified Zoning Administrator Resolution No. ZA2023-0059 Page 4 of 14 01-10-2023 in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC before building permit issuance. 7. 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 runoff and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. 8. Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has been prepared for the project by Commercial Development Resources dated February 28, 2023. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, the use of a LID approach to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed BMPs. 9. Proposed landscaping complies with Implementation Plan Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant species. Before the issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 10. 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 approximately 580 feet southwest on Ocean Boulevard and approximately 600 feet northwest at Begonia Park. The closest public beach is approximately 650 feet south at Big Corona accessed from Ocean Boulevard. The proposed project will not be in the view shed from any of these public viewpoints, beach, or park. The proposed project complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. 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 located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project replaces five (5) dwelling units within two (2) structures with two (2) new condominium buildings plus one (1) internal ADU within one (1) of the condominiums. The lots will be standard sizes for the block with two (2)-units each plus the internal ADU. The size of each new condominium is consistent with the Zoning Administrator Resolution No. ZA2023-0059 Page 5 of 14 01-10-2023 surrounding area. Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for 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. 2. Vertical and lateral access to the bay and beach is available through China Cove at the terminus of Fernleaf Avenue and Cove Street where they meet sandy beaches along the harbor channel. This is approximately 900 feet from the project site and the project does not include any features that would obstruct access along these routes. The Zoning Administrator determined in this case that the tentative parcel maps are consistent with the legislative intent of NBMC Title 20 (Planning and Zoning) and is approved based on the following findings per NBMC Section 19.12.070 (Required Findings for Action on Tentative Maps): Finding: C. 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. Facts in Support of Finding: 1. The two (2) parcels are currently developed as one (1), five (5)-unit development. The project proposes demolition of the existing units, reversion back to underlying legal lot lines with two (2) parcels and the construction of two (2)-units on each parcel. Two (2) tentative parcel maps are proposed as part of the project. One (1) tentative parcel map is intended to allow each unit developed at 303 Fernleaf Avenue to be sold as condominiums. The other tentative parcel map is intended to allow for each unit developed at 305 Fernleaf Avenue to be sold as condominiums. The proposed internal ADU developed in conjunction with 303 Fernleaf Avenue would be sold as part of one (1) of the condominium units and could not be sold separately. The proposed subdivision and improvements are consistent with the density of the RM Zoning District and the RM General Plan Land Use Designation. 2. The subject property is not located within a specific plan area. 3. The project has been conditioned to require public improvements, including the reconstruction of sidewalks, curbs, and gutters along the Fernleaf Avenue frontage and any damaged concrete alley panels consistent with Title 19 of the NBMC. Finding: D. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. Each of the lots are physically suitable for two (2)-unit residential development because they are regular in shape and size. The redevelopment from five (5)-units on one (1) parcel Zoning Administrator Resolution No. ZA2023-0059 Page 6 of 14 01-10-2023 to two (2) units on two (2) parcels (plus an internal ADU) is currently in the plan check process. 2. The new two (2)-unit condominium development on each parcel is compliant with the Section 20.18.030 (Residential Zoning Districts General Development Standards) of the NBMC minimum site area per dwelling unit of 1,000 square feet with a proposed lot area of approximately 1,875 square feet per dwelling unit. 3. The subject property is accessible from a dedicated alley in the rear of the lot, similar to every lot on this block on Fernleaf Avenue. 4. The subject property is adequately served by all existing utilities. Finding: E. 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. Facts in Support of Finding: 1. The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. 2. The project is categorically exempt under Section 15303 (New Construction or Conversion of Small Structures) and 15315 (Minor Land Divisions) (Title 14, Division 6, Chapter 3) of the CEQA Guidelines – Class 3 and Class 15. Finding: F. 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 maps are 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 will be required of the developer per Section 19.28.010 (General Improvement Requirements) of the NBMC and Section 66411 (Local Agencies to Regulate and Control Design of Subdivisions) of the Subdivision Map Act. The Applicant is required to comply with all ordinances of the City and all Conditions of Approval. Zoning Administrator Resolution No. ZA2023-0059 Page 7 of 14 01-10-2023 Finding: G. 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 access easements located on the property. Finding: H. 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. 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 properties were previously developed with a multi-residential use and is located in a Zoning District that permits residential uses. Finding: I. 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. Facts in Support of Finding: 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. Zoning Administrator Resolution No. ZA2023-0059 Page 8 of 14 01-10-2023 2. The project is not located within a specific plan area. Finding: J. 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 Code of Regulations (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: K. 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 proposed five (5)-unit condominium project with one (1) internal ADU is consistent with the intended uses of the RM Zoning District, which allows two (2) residential units on each lot. Therefore, the tentative parcel maps for condominium purposes will not affect the City in meeting its regional housing need. Finding: L. That the discharge of waste from the proposed subdivision into the existing 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 new two (2)-unit dwelling is designed so that wastewater discharge into the existing sewer system complies with the Regional Water Quality Control Board (RWQCB) requirements. Finding: M. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Zoning Administrator Resolution No. ZA2023-0059 Page 9 of 14 01-10-2023 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, demolition, and construction project complies with the certified Local Coastal Program (LCP) and public access and recreation policies of Chapter 3 of the Coastal Act. The Facts in Support of Findings L and M for the Coastal Development Permit (above) are hereby incorporated by reference. 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 15315 under Class 15 (Minor Land Divisions) and under Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment and the exceptions under Section15300.2 do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves PA2023-0056 for a Coastal Development Permit and two (2) Tentative Parcel Maps, 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 28TH DAY OF SEPTEMBER, 2023. Zoning Administrator Resolution No. ZA2023-0059 Page 10 of 14 01-10-2023 EXHIBIT “A” CONDITIONS OF APPROVAL APPLY TO BOTH 303 AND 305 FERNLEAF 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. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter the sensitive habitat, receiving waters, or storm drains 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. 3. 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 under 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. 4. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented before and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 5. 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. 6. 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. Stockpiles 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. Zoning Administrator Resolution No. ZA2023-0059 Page 11 of 14 01-10-2023 7. Trash and debris shall be disposed of in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 8. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 9. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 10. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused by the revocation of this Coastal Development Permit. 11. 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 are detrimental to the public health, and welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 12. Prior to the final building permit inspection for the first condominium building (303 or 305 Fernleaf Avenue whichever comes first), building permits for the other condominium building shall be issued and construction shall be commenced to ensure there is no net loss of housing units through project implementation. 13. Before the issuance of building permits for the new residential structures, the applicant shall obtain and final a demolition permit for the existing two (2) structures across the underlying lot lines that contain five (5) residential units. 14. Before the issuance of building permits, an ADU deed restriction shall be recorded for 303 Fernleaf Avenue. 15. Before the issuance of building permits, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 16. Before the issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to review and approval by the Building Division. 17. Before 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. 18. Before the issuance of a building permit, the applicant shall submit a final landscape and irrigation plan. These plans shall incorporate drought-tolerant plantings, non-invasive plant species, and water-efficient irrigation design. The plans shall be approved by the Planning Division. Zoning Administrator Resolution No. ZA2023-0059 Page 12 of 14 01-10-2023 19. Before issuance of building permits, the final WQHP/WQMP shall be reviewed and approved by the Building Division. The implementation shall comply with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 20. All landscape materials and irrigation systems shall be maintained by 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. 21. Construction activities shall comply with Section 10.28.040 (Construction Activity- Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise- generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 22. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 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 23. Before the issuance of the building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 24. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current property owner or agent. 25. This Coastal Development Permit and Tentative Parcel Maps for PA2023-0056 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. 26. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and Zoning Administrator Resolution No. ZA2023-0059 Page 13 of 14 01-10-2023 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 303 Fernleaf Partners, LLC Residential Condominiums including but not limited to, Coastal Development Permit and Tentative Parcel Maps for PA2023-0056. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages, which the City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Public Works Department 27. A parcel map shall be recorded for each property. The Map shall be prepared on the California coordinate system (NAD83). 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 Sections 7- 9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 28. Prior to recordation of the parcel maps, 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 Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (1-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 construction project. 29. Prior to recordation of the parcel maps, all improvements shall be constructed as required by Ordinance and the Public Works Department. 30. Prior to recordation of the parcel maps, the curb, gutter and sidewalk panels along the Fernleaf Avenue frontage and all damaged concrete panels along the alley frontage, shall be reconstructed per City Standard. 31. Prior to recordation of the parcel maps, 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. 32. Prior to recordation of the parcel maps, all existing overhead utilities shall be undergrounded. 33. Prior to recordation of the parcel maps, an encroachment permit is required for all work activities within the public right-of-way. Zoning Administrator Resolution No. ZA2023-0059 Page 14 of 14 01-10-2023 34. Prior to recordation of the parcel maps, any existing private, non-standard encroachments within the public right-of-way and/or extensions of private, non-standard improvements into the public right-of -way fronting the development shall be removed. 35. Prior to recordation of the parcel maps, all improvements shall comply with the City’s sight distance requirement pursuant to City Standard 110. 36. Prior to recordation of the parcel maps, new turf shall or drought tolerant landscaping shall be planted throughout the entire Fernleaf Avenue parkway. 37. Prior to recordation of the parcel maps, two (2) new street trees shall be planted along the Fernleaf Avenue frontage per City standard. One (1) tree shall be along the 303 Fernleaf Avenue frontage and one (1) shall be installed along the 305 Fernleaf Avenue frontage. 38. Prior to recordation of the parcel maps, any 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. Building Division 39. Independent utility services shall be provided for each unit. 40. Independent fire risers shall be required for each unit. 41. Construction shall comply with the California Code of Regulations.