HomeMy WebLinkAbout1932 - SD2013-004, UP2013-018, VA2013-009 508 South Bay FrontRESOLUTION NO. 1932
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING SITE DEVELOPMENT
REVIEW NO. SD2013 -004, CONDITIONAL USE PERMIT NO.
UP2013 -018, AND VARIANCE NO. VA2013 -009 FOR A MIXED -
USE STRUCTURE FOR PROPERTY LOCATED AT 508 SOUTH
BAY FRONT (PA2013 -185)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John Morgan, Architect, on behalf of the property owner, John
Vallely, with respect to property located at 508 South Bay Font, and legally described as
Lot 5, Block 9, Resubdivision of Section One of Balboa Island, requesting approval of a
Site Development Review, Conditional Use Permit, and Variance.
2. The applicant requests approval of a Site Development Review to allow the
construction of a three -story, mixed -use structure. The project would consist of 765
square feet of commercial use, one commercial parking space, and a 459- square -foot
residential garage on the first floor, and a 1,942 - square -foot residence above. The
requests also includes a Conditional Use Permit for a reduction of the off - street
parking requirement for the commercial use, and a Variance to deviate from the
minimum nonresidential floor area requirement and maximum residential floor area
limit.
3. The subject property is located within the Mixed -Use Water Related (MU -W2) Zoning
District and the General Plan Land Use Element category is Mixed Use Water Related
(MU -W2).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed Use Water Related (MU -W).
5. A public hearing was held on January 23, 2014, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was
given in accordance with the Newport Beach Municipal Code. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this
meeting.
6. At the public hearing, the Planning Commission modified the project to allow a maximum
net floor area of 500 square feet for the commercial use.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 3 (New Construction or
Conversion of Small Structures).
2. Class 3 exempts the construction of limited numbers of new, small facilities or
structures, including single -unit residences and offices up to 2,500 square feet in an
urbanized area.
SECTION 3. REQUIRED FINDINGS.
Site Development Review
In accordance with Section 20.52.080 (Site Development Review) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth;
Finding.
A. Allowed within the subject zoning district.
Facts in Support of Finding:
The proposed project is located within the Mixed -Use Water Related (MU -W2) Zoning
District. The proposed mixed -use structure with commercial and parking on the first
floor and residential above is an allowed use within this district with the approval of a
Site Development Review.
Finding:
B. In compliance with all of the applicable criteria [below]:
a. Compliance with this Section, the General Plan, this Zoning Code, any applicable
specific plan, and other applicable criteria and policies related to the use or
structure;
b. The efficient arrangement of structures on the site and the harmonious relationship
of the structures to one another and to other adjacent development; and whether
the relationship is based on standards of good design;
c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on
the site and adjacent developments and public areas;
d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including
drive aisles, driveways, and parking and loading spaces;
e. The adequacy and efficiency of landscaping and open space areas and the use of
water efficient plant and irrigation materials; and
f. The protection of significant views from public rights) -of -way and compliance with
Section 20.30. 100 (Public View Protections).
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Facts in Support of Finding:
1. The subject property is designated as Mixed -Use Water Related (MU -W2) within the
Zoning Code and Land Use Element of the General Plan. These designations apply to
waterfront properties in which marine - related uses may be intermixed with general
commercial, visitor - serving commercial and residential dwelling units on the upper
floors. The Coastal Land Use Plan designates the property as Mixed Use Water
Related (MU -W), which is intended to provide for commercial development on or near
the bay in a manner that will encourage the continuation of coastal- dependent and
coastal - related uses and visitor - serving uses, as well as allow for the development of
mixed -use structures with residential uses above the ground floor. An office is the
anticipated use on the first floor with residential above, which is consistent with these
designations. Other commercial uses may be permitted in accordance with the MU-
W2 Zoning District. The subject property is not located within a specific plan area.
2. The applicant concurrently applied for a Conditional Use Permit for a reduction in the
off - street commercial parking requirement and a Variance to deviate from the
minimum commercial floor area ratio and maximum residential floor area ratio,
pursuant to Zoning Code Chapter 20.52 (Permit Review Procedures).
3. The proposed project is well designed for a mixed -use structure on a lot this size. The
project has been designed with a commercial use and parking on the first floor and a
residential use on the second and third floors. One residential dwelling unit is
proposed with two decks to provide open space for the occupants. The second and
third floors are setback from the property lines to provide adequate light and air for the
residential use.
4. The height, bulk, and scale of the proposed project are compatible with the mixed -use
and residential uses in the area. The proposed building provides more than the
required setbacks with decks and other building modulation.
5. A 6 -foot high block wall provides a buffer between the proposed project and the
existing residential development to the southeast of the project site.
6. The project contains one building and both uses are integrated as a single
development through the use of similar architectural style and design elements for the
entire building. The proposed structure is a Cape Code design with stone veneer,
horizontal siding, stucco, slate roof, and glass deck guardrails.
7. Appropriate vehicular and pedestrian access is provided with the 15 -foot wide alley
and 10 -foot rear setback. Pedestrian access is also provided at the front of the
property along South Bay Front. The Public Works Department has reviewed and
approved the parking configuration.
8. The proposed project includes a landscaped area within planters at the front of the
property along South Bay Front. The planters will include drought - tolerant, noninvasive
plant species.
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9. The subject property is not located at or near a public view point or corridor as
identified in the General Plan Figure NR3 (Coastal Views); and therefore, is in
compliance with Section 20.30.100 (Public View Protections).
Finding:
C. The proposed development is not detrimental to the harmonious and orderly growth of the
City, or endanger jeopardize, or otherwise constitute a hazard to the public convenience,
health, interest, safety, or general welfare of persons residing or working in the
neighborhood of the proposed development.
Facts in Support of Finding:
1. The proposed project would result in the demolition of the nonconforming residential
use and structure on -site.
2. The proposed project includes one (1) Americans with Disabilities Act compliant
commercial parking space and would meet the residential parking requirements.
3. Any potential noise impacts for the abutting residential property would be minimized
due to the 6 -foot block wall and setbacks provided.
4. The new construction would comply with all Building, Public Works, and Fire Codes.
The project would comply with all City ordinances and conditions of approval.
5. The mechanical equipment would be fully enclosed within an equipment screen and
would not be visible from the adjacent properties or public rights -of -way.
Conditional Use Permit
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of
the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
D. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The subject property is designated as Mixed -Use Water Related (MU -W2) within the
Land Use Element of the General Plan, which applies to waterfront properties in which
marine - related uses may be intermixed with general commercial, visitor - serving
commercial and residential dwelling units on the upper floors. An office is the
anticipated use on the first floor with residential above, which is consistent with this
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designation. Other commercial uses may be permitted in accordance with the MU -W2
designation.
2. The subject property is not located within a specific plan area.
Finding:
E. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
The subject property is located within the Mixed -Use Water Related (MU -W2) Zoning
District, which applies to waterfront properties in which marine - related uses may be
intermixed with general commercial, visitor - serving commercial and residential
dwelling units on the upper floors. An office is the anticipated use on the first floor with
residential above, which is consistent with these designations. Other commercial uses
may be permitted in accordance with the MU -W2 Zoning District.
2. The Conditional Use Permit approval is consistent with Chapter 20.40 (Off - Street
Parking) of the Zoning Code regarding the waiver of one (1) parking spaces in
conjunction with the Parking Management Plan because the proposed project includes
provides one (1) Americans with Disabilities Act compliant commercial parking space
and would meet the residential parking requirements. According to the 2008 Walker
Parking Study, Balboa Island does not suffer from a parking shortage during a majority
of the time and the largest share of the parking demand is generated by Balboa Island
residents.
3. In finding that the proposed use complies with Section 20.40.110 (Adjustments to Off -
Street Parking Requirements), the following criteria has been considered:
The applicant has provided sufficient data, including a parking study if required
by the Director, to indicate that parking demand will be less than the required
number of spaces or that other parking is available (e.g., City parking lot located
nearby, on- street parking available, greater than normal walk in trade, mixed -
use development).
The 2008 Walker Parking Study for Balboa Island provides sufficient data to
analyze parking demand in the vicinity. According to the 2008 Walker Parking
Study, Balboa Island does not suffer from a parking shortage during a majority
of the time. The weekday occupancy surveyed was 66 percent at 10:00 a.m.,
69 percent at 1 :00 p.m., and 87 percent at 7:00 p.m. Customers who live or are
vacationing on Balboa Island will most likely walk or bicycle to the subject
property. Customers from the Balboa Peninsula will likely arrive via the Balboa
Ferry.
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ii. A parking management plan shall be prepared in compliance with subsection
(C) of this section (Parking Management Plan) [Section 20.40.110.0 — Parking
Management Plan].
A parking management plan has been prepared in order to mitigate impacts
associated with a reduction in the number of required parking spaces. The plan
addresses on -site parking and alternative transportation for employees and
customers.
4. The application includes the concurrent review of a Variance to authorize commercial
development below the minimum floor area ratio and residential development above
the maximum floor area ratio.
Finding:
F. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. Mixed -use, commercial, and residential uses are allowed in the vicinity. The design
with the commercial use on the first floor adjacent to South Bay Front and the
residential use above is compatible with the allowed nearby uses. The commercial
use is in line with the commercial uses to the northwest along South Bay Front. The
building and both uses are integrated as a single development through the use of
similar architectural style and design elements for the entire building, which is
compatible with the mixed -use and residential properties allowed in the vicinity. The
proposed structure is a Cape Code design with stone veneer, horizontal siding, stucco,
slate roof, and glass deck guardrails.
2. The commercial use is anticipated to be an office use, but other commercial uses may
be permitted in accordance with the MU -W2 Zoning District. The single -unit residence
would be similar to the other residential uses allowed in the vicinity and the project
includes the code - required two -car garage.
3. The floor area Variance is being approved concurrently and allows the development of
a smaller commercial use and larger residential use, while maintaining the maximum
1.25 floor area ratio. The size of the use reduces parking demand, does not allow for
an excessively large structure, and is compatible with the mixed -use and residential
uses allowed in the vicinity.
Finding:
G. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
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Facts in Support of Finding:
1. The 2,590- square -foot lot is almost rectangular in shape and is located within a
densely populated island with a bridge and a ferry system for access.
2. The site has a pedestrian walkway along South Bay Front at the front of the property
and a 15 -foot wide alley at the rear of the property. At least a 10 -foot rear setback is
provided from the rear alley property line.
3. Adequate public and emergency vehicle access, public services, and utilities are
provided at the existing site from public streets and alleys.
Finding:
H. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The proposed project would result in the demolition of the nonconforming residential
use and structure on -site.
2. The proposed project includes one (1) Americans with Disabilities Act compliant
commercial parking space and would meet the residential parking requirements.
3. Any potential noise impacts for the abutting residential property would be minimized
due to the 6 -foot block wall and setbacks provided.
4. The new construction would comply with all Building, Public Works, and Fire Codes.
The project would comply with all City ordinances and conditions of approval.
5. The mechanical equipment would be fully enclosed within an equipment screen and
would not be visible from the adjacent properties or public rights -of -way.
Variance
In accordance with Section 20.52.090 (Variances) of the Newport Beach Municipal Code, the
following findings and facts in support of such findings are set forth:
Finding:
1. There are special or unique circumstances or conditions applicable to the subject property
(e.g., location, shape, size, surroundings, topography, or other physical features) that do
not apply generally to other properties in the vicinity under an identical zoning
classification.
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Facts in Support of Finding:
1. Due to the size of the lot, required setbacks, and grade differential, it is difficult to
design the first floor of a project containing 906 square feet of commercial floor area,
an entrance to the residential use, a residential garage, ADA compliant commercial
parking, trash enclosure, walkways, and open space.
2. The 2,590 lot area and 30 -foot lot width are smaller than nearby mixed -use lots.
Finding.
J. Strict compliance with Zoning Code requirements would deprive the subject property of
privileges enjoyed by other properties in the vicinity and under an identical zoning
classification.
Facts in Support of Finding:
1. Strict application of the Zoning Code required floor area ratios allows between 906.5
and 1,295 gross square feet of commercial floor area and a maximum of 1,942.5
square feet of residential floor area, The proposed commercial use includes an office,
storage area, restroom, and laundry/service room. The proposed residential portion
includes a living room, kitchen, dining room, two bedrooms, two bathrooms, and a two -
car garage. Several properties in the vicinity are larger lots and can develop the
properties with the required floor area ratios and parking. Other properties in the area
are nonconforming due to parking or floor area.
Finding:
K. Granting of the variance is necessary for the preservation and enjoyment of substantial
property rights of the applicant.
Facts in Support of Finding:
1. A mixed -use development on the subject property is not possible without approval of a
reduction in the parking requirement or a floor area variance. Unless some
discretionary approval is granted, the property owner can only maintain the
nonconforming residential use or construct a stand -alone commercial structure that
would be substantially smaller than what is allowed to be developed onsite.
Finding:
L. Granting of the variance will not constitute a grant of special privilege inconsistent with the
limitations on other properties in the vicinity and in the same zoning district.
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Facts in Support of Finding:
1. Granting of the variance would not constitute a special privilege because other mixed -
use properties in the vicinity are larger and wider, allowing for enough site area to
construct the commercial floor area and parking on the first floor.
2. The total floor area ratio allowed for the site would not be exceeded.
Finding:
M. Granting of the variance will not be detrimental to the harmonious and orderly growth of
the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of persons residing or working in
the neighborhood.
Facts in Support of Finding:
1. The proposed project would result in the demolition of the nonconforming residential
use and structure on -site.
2. Any potential noise impacts for the abutting residential property would be minimized
due to the 6 -foot block wall and setbacks provided.
3. The new construction would comply with all Building, Public Works, and Fire Codes.
The project would comply with all City ordinances and conditions of approval.
4. The total floor area ratio allowed for the site would not be exceeded.
Finding:
N. Granting of the variance will not be in conflict with the intent and purpose of this section,
this Zoning Code, the General Plan, or any applicable specific plan.
Facts in Support of Finding:
1. Granting the Variance for floor area would not conflict with intent and purpose of the
Zoning Code or General Plan. The intent of floor area ratio is to ensure each property
can be developed with a reasonable sized structure in relationship to the lot size;
however, in this case, utilizing the minimum floor area ratio is difficult due to the size
and width of the lot, grade differential, parking requirements, open space, walkways,
and trash enclosure requirements. Allowing less commercial and more residential
floor area would allow for the construction of a reasonable sized mixed -use structure
that remains consistent with other developments in the vicinity.
2. The proposed project meets all other required code requirements, including setbacks,
height, and open space.
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3. The subject property is not located within a specific plan district.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Site
Development Review No. SD2013 -004, Conditional Use Permit No. UP2013 -018, and
Variance No. VA2013 -009, subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF JANUARY, 2014.
AYES: Ameri, Brown, Hillgren, Kramer, Lawler, Myers, and Tucker
NOES: None
ABSTAIN: None
ABSENT: None
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval, except
the commercial area shall be no more than 500 square feet of net floor area and as
modified by other applicable conditions of approval.
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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 Use
Permit.
4. This Site Development Review, Conditional Use Permit, and Variance may be
modified or revoked by the Planning Commission should they determine 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.
5. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Site Development Review,
Conditional Use Permit, and Variance or the processing of a Site Development
Review, Conditional Use Permit, and Variance.
6. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
7. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
8. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
9. Prior to issuance of building permits, approval from the California Coastal Commission
shall be required.
10. The landscaping shall incorporate drought tolerant plantings and water efficient
irrigation practices. All landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, and trimming. All landscaped
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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. Any exceptions to the landscape requirements shall be reviewed and
approved by the Planning Division.
11. 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 either the
current business owner, property owner or the leasing agent.
12. This development is subject to the approved Parking Management Plan, which can be
modified by the Community Development Director or Planning Commission.
13. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self - latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick -up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
14. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self- contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
15. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 :00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Site Development
Review Permit.
16. All improvements shall be constructed as required my Ordinance and the Public Works
Department.
17. The existing broken and /or otherwise damaged concrete alley adjacent to the subject
property shall be reconstructed.
18. The existing broken and/or otherwise damaged concrete boardwalk adjacent to the
subject property shall be reconstructed.
19. All above ground improvements shall maintain a minimum 5 -foot clearance from the rear
property line.
20. The Americans with Disabilities Act (ADA) compliant parking stall shall be a minimum of
10 feet from the rear property line.
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21. All existing private, nonstandard improvements within the public right -of -way and /or
extensions of private, nonstandard improvements into the public right -of -way fronting the
development site shall be removed.
22. The residential and commercial units shall be served by its individual water meter and
sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with
traffic -grade box and cover and be located within the public right -of -way. Commercial
domestic water and fire services shall be protected by City approved above - ground
reduced pressure backflow device and double check detector assembly, respectively.
23. An encroachment permit is required for all work activities within the public right -of -way.
24. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L and Municipal Code Section 20.30.130.
25. In case of damage done to public improvements surrounding the development site by
private construction, additional reconstruction within the public right -of -way could be
required at the discretion of the Public Works Inspector.
26. All on -site drainage shall comply with the latest City Water Quality requirements.
27. All unused water services to be abandoned shall be capped at the main (corporation
stop) and all unused sewer laterals to be abandoned shall be capped at property line.
28. A fire hydrant shall be located within 400 feet of all portions of the structure.
29. An N.F.P.A 13 fire sprinkler system shall be provided for the mixed -use structure.
30. A fire sprinkler monitoring system will be required for the fire sprinklers.
31. A 2A 10BC type fire extinguisher is required for the commercial portion of the mixed -use
structure.
32. Trash container location shall comply with Newport Beach Guideline A.16.1.
33. Project applicants shall prepare a written disclosure statement prior to sale, lease, or
rental of a residential unit in a mixed -use project or located within a mixed -use zoning
district. The disclosure statement shall indicate that the occupants will be living in an
urban type of environment and that the noise, odor, and outdoor activity levels may be
higher than a typical suburban residential area. The disclosure statement shall include
a written description of the potential impacts to residents of both the existing
environment and potential impacts based upon the allowed uses in the zoning district.
Each and every buyer, lessee, or renter shall sign the statement acknowledging that
they have received, read, and understand the disclosure statement. The project
applicant shall covenant to include within all deeds, leases or contracts conveying any
interest in a residential unit in a mixed -use project or located within a mixed -use
zoning district (1) the disclosure and notification requirement stated herein; (2) an
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acknowledgment by all grantees or lessees that the property is located within an urban
type of environment and that the noise, odor, and outdoor activity levels may be higher
than a typical suburban residential area; and (3) acknowledgment that the covenant is
binding for the benefit and in favor of the City of Newport Beach.
34. As a condition of project approval for a residential unit in a mixed -use project or in a
mixed -use zoning district, applicants shall record a deed notification with the County
Recorder's Office, the form and content of which shall be satisfactory to the City
Attorney. The deed notification document shall state that the residential unit is located
in a mixed -use project or in a mixed -use zoning district and that an owner may be
subject to impacts, including inconvenience and discomfort, from lawful activities
occurring in the project or zoning district (e.g., noise, lighting, odors, high pedestrian
activity levels, etc.).
35. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved
in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
36. 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 the Vallely Mixed Use including, but not Limited to, the
Site Development Review No. SD2013 -004, Conditional Use Permit No. UP2013 -018,
and Variance No, VA2013 -009. 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.
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