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HomeMy WebLinkAboutZA2023-078 - APPROVING A COASTAL DEVELOPMENT PERMIT AND A TENTATIVE PARCEL MAP FOR THE DEMOLITION OF TWO EXISTING SINGLE-UNIT RESIDENCES AND CONSTRUCTION OF TWO NEW SINGLEUNIT RESIDENCES ON SEPARAT LOTS WITH DEVIATIONS FROM LOT WIDTH AND AREA STANDARDS LRESOLUTION NO. ZA2023-078 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A COASTAL DEVELOPMENT PERMIT AND A TENTATIVE PARCEL MAP FOR THE DEMOLITION OF TWO EXISTING SINGLE-UNIT RESIDENCES AND CONSTRUCTION OF TWO NEW SINGLE- UNIT RESIDENCES ON SEPARAT LOTS WITH DEVIATIONS FROM LOT WIDTH AND AREA STANDARDS LOCATED AT 2592 ARBOR DRIVE AND 2596 CRESTVIEW DRIVE (PA2023-0125) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ali Samsami, with respect to the properties located at 2592 Arbor Drive and 2596 Crestview Drive, and legally described as Lots 57 and 58 of Tract 1102 requesting approval of a coastal development permit and tentative parcel map. 2. The applicant proposes a coastal development permit (CDP) and tentative parcel map to allow the demolition of two existing single-unit dwellings and the construction of two, new, single-unit dwellings. A new 534-square-foot, one-story single-unit dwelling and an attached 437-square-foot garage will be constructed at 2592 Arbor Drive, and a new 3,269-square-foot, two-story single-unit dwelling and an attached 576-square-foot garage will be constructed at 2596 Crestview Drive. The project also includes landscaping, hardscaping, and site walls. The proposed new construction complies with all applicable development standards. The tentative parcel map will adjust the location of the property line between the two properties and includes a request for a deviation from the design standards of Title 19 (Subdivisions) for lot width and area. All improvements authorized by this CDP will be located on private property. 3. The subject properties are designated Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and are located within the Single-Unit Residential (R-1) Zoning District. 4. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (RSD-B) (6.0 – 9.9 DU/AC) and they are located within the Single-Unit Residential (R-1) Coastal Zoning District. 5. A public hearing was held on December 14, 2023, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with 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. ZA2023-078 Page 2 of 15 10-18-21 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and under 15315 under Class 15 (Land Divisions) 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. 2. The proposed parcel map with request deviations affects the shared property line between two parcels under common ownership and is for the purpose of accomodating the new construction of a single unit resiodence on each property. There will be no change in land use, density, or intensity. 3. The proposed project consists of the construction of two, new, single-unit dwellings. A new 534-square-foot, one-story single-unit dwelling and an attached 437-square-foot garage will be constructed at 2592 Arbor Drive, and a new 3,269-square-foot, two-story single- unit dwelling and an attached 576-square-foot garage will be constructed at 2596 Crestview Drive. 4. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions. 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. Costal Development Permit By Section 21.52.015(F) (Coastal Development Permits – Findings and Decision) of the NMBC, 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 parking. a. The maximum floor area limitation for the property at 2592 Arbor Drive is 5,493 square feet and the proposed floor area is 971 square feet. The maximum floor area limitation for the property at 2596 Crestview Drive is 6,507 square feet and the proposed floor area is 3,844 square feet. Zoning Administrator Resolution No. ZA2023-078 Page 3 of 15 10-18-21 b. The proposed development 2592 Arbor Drive provides the minimum required setbacks, which are 10 feet along the front property line abutting Arbor Drive, 4 feet along each side property line, and 10 feet along the rear property line abutting an alley. The proposed development 2592 Arbor Drive provides the minimum required setbacks, which are 10 feet along the front property line abutting Crestview Drive, 4 feet along each side property line, and 10 feet along the rear property line abutting an alley. c. The highest flat roof element for the property at 2591 Arbor Drive is 10 feet from established grade and the highest sloped roof ridge is 17.4 feet from established grade, which comply with the maximum height requirements. The highest flat roof element for the property at 2596 Crestview Drive is 20.5 feet from established grade and the highest sloped roof ridge is 28.42 feet from established grade, which comply with the maximum height requirements. d. The project includes garage parking for a total of two vehicles for each single-unit dwelling, complying with the minimum two-car garage parking requirement for single-unit dwellings with less than 4,000 square feet of habitable floor area. 2. The neighborhood is predominantly developed with two story, single-unit dwellings. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 3. The proposed project includes the demolition of two single-unit residences and the construction of two single-unit residences. Each proposed residence includes a kitchen and constitutes as a dwelling unit. Therefore, there is no reduction in residential density proposed and the project complies with the Housing Crisis Act of 2019 (Senate Bill 330). 4. The project sites are located approximately 620 feet from the mean high tide line and are separated from the water by Bay Shore Drive and existing residential development between the subject site and the water. The project sites are not protected by a bulkhead. 5. The finished floor elevation for both the single-unit residences is 13.76 feet (NAVD 88), which complies with the minimum 9.00-foot (NAVD 88) elevation standard. 6. The properties are not located in an area known for the potential of seismic activity. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. 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 and minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm drain system. 8. The properties are not located on the shoreline nor are they located within 100 feet of coastal waters. The project design addresses water quality with a construction erosion Zoning Administrator Resolution No. ZA2023-078 Page 4 of 15 10-18-21 control plan and a post construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm drain system. 9. The project design addresses water quality with a construction erosion control plan that outlines temporary Best Management Practices (BMPs) to be implemented during construction to minimize erosion and sedimentation, and to minimize pollution of runoff derived by construction chemicals and materials. No water quality impacts to coastal waters are anticipated based upon the location and elevation of the property. 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 in the private community of Bayshores. Developed in 1941, Bayshores is a 258-lot, single-family gated community located on the Lido Channel, southwest of Coast Highway and Newport Bay Bridge. The 39-unit Anchorage Apartment complex is also located within the community. The community is accessible from West Coast Highway via Bay Shore Drive, a private street. The shoreline is on the south and east sides of the community and consists of bulkheads and two small sandy beaches. 2. Coastal Land Use Plan Policy 3.1.5-3 requires public access consistent with public access policies for any new development in private/gated communities causing or contributing to adverse public access impacts. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project replaces two existing single-family unit dwellings located on two lots with two new single-unit dwellings. Therefore, 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 so as not to block or impede existing public access opportunities. 3. The residential lots do not currently provide, nor do they inhibit public coastal access. Vertical and lateral access to the bay front is available adjacent to the Bayshores community at the Balboa Bay Club, immediately north of the Bayshores community. 4. The project site is not located adjacent to a coastal view road, public viewpoint, public park or beach, or public accessway, as identified in the Coastal Land Use Plan. Furthermore, an investigation of the project site and surrounding area did not identify any other public view opportunities. The project site may be located within the viewshed of distant public viewing areas; however, the project will replace two existing single-unit dwellings with two new single-unit dwellings that comply with all applicable Local Coastal Program Zoning Administrator Resolution No. ZA2023-078 Page 5 of 15 10-18-21 development standards and maintain building envelopes consistent with the existing neighborhood pattern of development. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. Tentative Parcel Map In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC, the following findings and facts in support of such findings are set forth: 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 tentative parcel map is for the purposes of adjusting the property line location between two lots. The project site is currently developed with single-unit dwellings, one on each lot. The proposed development will construct new 534-square-foot, one-story single-unit dwelling and an attached 437-square-foot garage at 2592 Arbor Drive, and a new 3,269-square-foot, two-story single-unit dwelling and an attached 576-square- foot garage at 2596 Crestview Drive. The proposed subdivision and improvements are consistent with density of the R-1 Zoning District and the current RS-D General Plan Land Use category. 2. The subject property is not located within a specific plan area. Finding: D. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The lots are physically suitable for single-unit dwellings because they are relatively flat. An existing single-unit dwelling will be demolished on each lot and a new single-unit dwelling will be constructed on each lot. 2. The subject properties are accessible from Arbor Drive, Crestview drive, and the alley in the rear. 3. The sites are adequately served by existing utilities, as there is one single-unit residence on each site and there is no proposed change in density. Finding: Zoning Administrator Resolution No. ZA2023-078 Page 6 of 15 10-18-21 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 within a developed residential neighborhood that does not contain any sensitive vegetation or habitat on-site. 2. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines. 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 map is for the purposes of adjusting the property line location between two existing parcels. 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 NBMC Section 19.28.010 (General Improvement Requirements) 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: 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. Zoning Administrator Resolution No. ZA2023-078 Page 7 of 15 10-18-21 Fact in Support of Finding: 1. The Public Works Department has reviewed the proposed tentative parcel map and determined that 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 existing development because no public easements are 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 site, developed for residential use, lies in the R-1 Zoning District, which is intended for and 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. 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. Zoning Administrator Resolution No. ZA2023-078 Page 8 of 15 10-18-21 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 meet minimum heating and cooling efficiency standards depending on location and climate. The City’s 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 single unit residences are consistent with the R-1 Zoning District, which allows up to one (1) residential unit on the property. Therefore, the tentative parcel map for will not affect the City in meeting its regional housing needs. 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 project wastewater is designed to discharge into the existing sewer system and 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 3 of the Coastal Act. Fact in Support of Finding: 1. Facts 1-8 in support of Finding A are hereby incorporated by reference. Deviations from Design Standards In accordance with Section 19.24.130 (Deviation from Design Standards) of the NBMC, the following findings and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2023-078 Page 9 of 15 10-18-21 Finding: N. The requested deviation(s) will create a land plan or development design equal or superior to that under the baseline design standards in this chapter. Facts in Support of Finding: 1. The proposed lots are comparable in width, length, and area with the majority of the original subdivision in which a majority of lots had widths between 40 and 50 feet and depths of 100 feet. The proposed lot widths of approximately 40’-8” and 46’-10” are consistent with the original subdivision. The number of parcels will remain unchanged as a result of the tentative parcel map and there will be no change in the density or intensity of development. The existing parcel area of 2596 Crestview Drive is approximately 4,000 square feet. The proposed lot line adjustment will increase the parcel area to 4,865 square feet. The existing parcel area of 2592 Arbor Drive is approximately 5,091 square feet. The proposed lot line adjustment will decrease the parcel area to 4,226 square feet. 2. The existing lot orientation with vehicular access from the rear alley are maintained. Finding: O. The deviation(s) will not negatively impact the carrying capacity of the local vehicular circulation network. Fact in Support of Finding: 1. The proposed project would not negatively impact the carrying capacity of the local vehicular circulation network. No improvements or changes are proposed that would cause additional capacity to the roadways. Finding: P. The deviation(s) will not negatively impact pedestrian circulation. Facts in Support of Finding: 1. The project will not reduce, encroach or change the size or location of the Arbor Drive and Crestview Drive sidewalk. 2. The project will not eliminate or impede pedestrian circulation provided that the necessary improvements are provided in accordance with applicable Public Works design standards and permitting. Zoning Administrator Resolution No. ZA2023-078 Page 10 of 15 10-18-21 Finding: Q. The resulting subdivision will be compatible with the pattern of surrounding subdivisions. Facts in Support of Finding: 1. The project will result in a subdivision that is compatible with the pattern of surrounding subdivision as the project will shift the interior property line between two legal parcels 1’-9” feet to the west. Land taken from the 2592 Arbor Drive parcel will be added to the 2596 Crestview Drive parcel. The number of parcels will remain unchanged as a result of the tentative parcel map and there will be no change in the density or intensity of development. 2. The subject property is located in a block that is designated R1 by the General Plan and Zoning Code. The proposed project would not alter the General Plan and Zoning Code designation. 3. The proposed shift in the interior property line between both properties would result in a lot width for the property at 2592 Arbor Drive of approximately 40’-8” and the property at 2596 Crestview of approximately 46’-10” which is more compatible with the surrounding lots than the existing configuration. The number of parcels will remain unchanged and there will be no change in the density or intensity of development. The existing parcel area of 2596 Crestview Drive is approximately 4,000 square feet. The proposed lot line adjustment will increase the parcel area to 4,865 square feet. The existing parcel area of 2592 Arbor Drive is approximately 5,091 square feet. The proposed lot line adjustment will decrease the parcel area to 4,226 square feet. Finding: R. The resulting subdivision design and improvements will be consistent with the General Plan and any applicable specific plan and will conform to the Subdivision Map Act and all other provisions of this Subdivision Code. Facts in Support of Finding: 1. The resulting project design results in two parcels and one residential unit on each parcel, where the General Plan allows for one unit on each parcel. Therefore, the subdivision is consistent with the density of the R-1 General Plan Land Use Designation. 2. The subject properties are not located within a specific plan area. Finding: S. The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to Zoning Administrator Resolution No. ZA2023-078 Page 11 of 15 10-18-21 public health or safety. resulting subdivision will be compatible with the pattern of surrounding subdivisions. Fact in Support of Finding: 1. The proposed would allow one unit to be constructed on each lot in accordance with the General Plan. Approval does not introduce an incompatible land use, and the resulting subdivision design would not be detrimental to the residents as vehicular and pedestrian access would be maintained. Any development must be in accordance with the conditions of approval and the Municipal Code. The resulting lot widths are consistent with the lot widths of the original subdivision or the existing development pattern of the neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and under 15315 under Class 15 (Land Divisions) 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. The exceptions to this categorical exemption under Section 15300.2 are not applicable. 2. The Zoning Administrator of the City of Newport Beach hereby approves a Coastal Development Permit and Tentative Parcel Map (PA2023-0125) subject to the conditions set forth 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, and Title 19 Subdivisions, 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 14TH DAY OF DECEMBER, 2023. Zoning Administrator Resolution No. ZA2023-078 Page 12 of 15 10-18-21 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. 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. Zoning Administrator Resolution No. ZA2023-078 Page 13 of 15 10-18-21 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. 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 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. 13. Prior to 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. 14. Prior to issuance of building permits, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 15. Prior to issuance of building permits, 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. 16. 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. Zoning Administrator Resolution No. ZA2023-078 Page 14 of 15 10-18-21 17. 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. 18. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) 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 19. 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. 20. 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. 21. This Coastal Development Permit 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. 22. 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 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 Griley Residences including but not limited to, Coastal Development Permit and Tentative Parcel Map (PA2023-0125). 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. Zoning Administrator Resolution No. ZA2023-078 Page 15 of 15 10-18-21 Fire Department 23. NFPA 13D Fire sprinklers shall be required. Public Works Department 24. A parcel map shall be recorded. 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 Section 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. 25. 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 Section s 7-9-330 and 7-9-337 of the Orange County Subdivision 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 construction project. 26. All improvements shall be constructed as required by Ordinance and the Public Works Department. 27. An encroachment permit is required for all work activities within the public right-of-way or easement area.