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HomeMy WebLinkAboutZA2020-039 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-015 AND MODIFICATION PERMIT NO. MD2020-004 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW THREE (3)-STORY, SINGLE-FAMILY RESIDENCE AND ATTACHED GARAGE LOCATED AT 43 BALBOA CRESOLUTION NO. ZA2020-039 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-015 AND MODIFICATION PERMIT NO. MD2020-004 TO DEMOLISH AN EXISTING SINGLE- FAMILY RESIDENCE AND CONSTRUCT A NEW THREE (3)- STORY, SINGLE-FAMILY RESIDENCE AND ATTACHED GARAGE LOCATED AT 43 BALBOA COVES (PA2020-025) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by John T. Morgan Jr., with respect to property located at 43 Balboa Coves, requesting approval of a coastal development permit. 2.The property at 43 Balboa Coves is legally described as Lot 43 of Tract 1011. 3.The applicant requests a coastal development permit and modification permit to demolish an existing single-family residence and construct a new three (3)-story, 3,821-square-foot, single-family residence with an attached 697-square-foot, two (2)-car garage. The project includes accessory structures such as walls, fences, patios, drainage devices, and landscaping. The project also includes reinforcing and raising the height of an existing bulkhead to address coastal hazards protection. A modification permit is requested for a corner of the ground level and a portion of the second and third level decks to encroach a maximum of 18 inches (10 percent) into the 15-foot required waterfront setback The proposed residence complies with all other applicable development standards including height, parking and floor area limits. 4.The subject property is designated RS-D (Single-Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1 (Single-Unit Residential) Zoning District. 5.The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-A (Single Unit Residential Detached) (0.0-5.9 DU/AC) and it is located within the R-1 (Single-Unit Residential) Coastal Zone District. 6.A public hearing was held on April 30, 2020, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1.This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Zoning Administrator Resolution No. ZA2020-039 Page 2 of 14 Conversion of Small Structures), because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the demolition of up to three (3) single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of the demolition of one (1) single-family residence and the construction of a new 3,821- square-foot, single-family residence and attached 697-square-foot garage. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code (NBMC), 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 is 4,934 square feet and the proposed floor area is 4,518 square feet. b. The proposed development provides the minimum required setbacks of 5 feet along the front property line abutting the street and 3 feet along each side property line. The development provides a 13.5- to 25-foot setback along the waterfront, where a 15-foot setback is required. The Zoning Administrator is authorized to approve a maximum 10 percent deviation from the waterfront setback, in this case a maximum of 18 inches. c. The highest guardrail is less than 24 feet from established grade (11.96 feet North American Vertical Datum of 1988 [NAVD 88]) and the highest ridge is no more than 29 feet from established grade, which comply with the maximum height requirements. Zoning Administrator Resolution No. ZA2020-039 Page 3 of 14 d. The project includes garage parking for a total of two (2) vehicles, complying with the minimum two (2)-car garage parking requirement for single-family residences with less than 4,000 square feet of habitable floor area. 2. The neighborhood is developed with a mix of one (1)- and two (2)-story, single-family residences. A third level may be allowed subject to certain development standards. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development. 3. The property fronts on channel waters west of Newport Boulevard. The project site is protected by an existing private bulkhead with a height that varies from 9.28 feet to 9.32 feet (NAVD 88). The existing bulkhead will be replaced and raised to a height of 10.60 feet NAVD 88. The bulkhead will be designed and engineered to allow it to be raised in the future to protect the property if needed. 4. A Coastal Hazards Analysis Report was prepared for the project by PMA Consulting, Inc., dated April 1, 2020. The current maximum bay water elevation is 7.7 feet (NAVD 88). According to the report, the estimated sea level rise at the site is approximately 6 feet over the next 75 years utilizing direct interpolation of the data for “high emissions 2090 and 2100” and “medium-high risk aversion,” accounting for the water level rising to 13.70 feet NAVD 88. The Newport Beach City Council has approved the use of the high estimate of the “low risk aversion” scenario, which is 3.2 feet by the year 2100, or 2.9 feet by 2094. Therefore, the sea level is estimated to likely reach 10.6 feet NAVD 88 over the next 75 years (i.e. the life of the structure). If future sea level rise is greater than the “low risk aversion” scenario by 2094 (10.6 feet NAVD 88), then the bulkhead can be raised without further encroachment towards the waterfront. Future raising of the bulkhead height would require a separate coastal development permit. 5. The existing private bulkhead varies in height from 9.28 to 9.32 feet NAVD 88 and is proposed to be reinforced and raised to 10.6 feet NAVD 88 to address coastal hazards protection. The raising of the bulkhead requires a Coastal Development Permit (CDP) from the City of Newport Beach. The work does not require the use of mechanized equipment on the bay or beach, and the City may authorize these improvements pursuant to the Implementation Plan (IP) with the approval of a CDP. The Post-LCP (Local Coastal Program) Certification Permit and Appeal Jurisdiction Map (July 11, 2018) shows the line of the California Coastal Commission’s jurisdiction coterminous with the back of the sidewalk on the bayward side of the private bulkhead, thereby authorizing the City to permit improvements to the bulkhead that do not result in bayward encroachment or a replacement bulkhead. The bulkhead work would not impact public trust areas, submerged lands, or tidelands. 6. The finished floor elevation of the first floor of the proposed living area is 12.55 feet NAVD 88, which exceeds the minimum 9.0-foot NAVD 88 elevation standard for new structures. The development will be required to be waterproofed to 10.6 feet NAVD 88 to accommodate future anticipated potential sea level rise. 7. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to enter into an agreement with the City waiving any potential right to protection to address situations in the future in which the development is threatened with damage or destruction Zoning Administrator Resolution No. ZA2020-039 Page 4 of 14 by coastal hazards (e.g., waves, erosion, and sea level rise). The property owner will also be required to acknowledge any hazards present at the site and unconditionally waive any claim to damage or liability against the decision authority, consistent with NBMC Section 21.30.015(D)(3)(c). Both requirements are included as conditions of approval that will need to be satisfied prior to final building inspection, and prior to the issuance of building permits, respectively. 8. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 9. The project design includes a post-construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event runoff on- site. Any water not retained on-site is directed to the City’s storm drain system. 10. The property is located adjacent to a waterway. Pursuant to NBMC Section 21.35.030 (Construction Pollution Prevention Plan), a Construction Pollution Prevention Plan (CPPP) is required to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. A CPPP has been prepared and included in the plan sets for review and approval prior to the issuance of construction permits. Construction plans and activities will be required to adhere to the approved CPPP. 11. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a preliminary Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP was prepared for the project by Commercial Development Resources (CDR), dated February 10, 2020, and includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance with the approved WQHP prior to building permit issuance. 12. Proposed landscaping will be required to comply with Implementation Plan Section 21.30.075. A condition of approval is included that requires drought-tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 13. 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 located at the Lido Channel Turning Basin on the other side of Newport Boulevard and is not visible from the site. The proposed single-family residence complies with all applicable Local Coastal Program development standards and maintains a building envelope consistent with the existing neighborhood pattern of development. Additionally, the project Zoning Administrator Resolution No. ZA2020-039 Page 5 of 14 does not contain any unique features that could degrade the visual quality of the coastal zone. Finding: B. Conforms to 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. 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 an existing single-family residence located on an R-1 lot with a new single-family residence. 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. 2. The project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. In accordance with NBMC Section 21.52.090 (Relief from Implementation Plan Development Standard), the Zoning Administrator may approve a waiver to a development standard of the Implementation Plan only after making all of the following findings: Finding: C. The Zoning Administrator has considered the following: i. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and ii. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. Facts in Support of Finding: 1. With the exception of the minor modification, the proposed development complies with and is consistent with the certified LCP. Fact in Support of Findings A and B above. 2. The subject property located on a channel of Newport Harbor and protected by an existing bulkhead. There are no coastal resources to protect on the property. The requested 18-inch encroachment is on and area of the lot allowed to be redeveloped with hardscape and accessory structures. Therefore, the requested encroachment will not impact coastal resource any greater than a compliant structure. Zoning Administrator Resolution No. ZA2020-039 Page 6 of 14 Finding: D. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Implementation results in physical hardships. Facts in Support of Finding: 1. The granting of the modification is necessary due to the acutely angled waterfront setback line. The acute angle makes it difficult to design a structure with wall angles that result in functional interior rooms and deck space. 2. The acutely angled waterfront setback line makes it difficult to design a structure of similar size and siting as other residential structures in the neighborhood. The proposed structure provides more than the required setback along most of its width and requiring further reduction in the depth of the home creates a hardship for the applicant that is inconsistent with the purpose and intent of the Municipal Code. E. The modification complies with the findings required to approval a coastal development permit in NBMC Section 21.52.015(F). Fact in Support of Finding: 1. Facts in Support of Findings A and B above are hereby incorporated by reference. F. The modification will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Fact in Support of Finding: 1. The property does not currently provide access to the sea or shoreline, nor does it provide access to any coastal parks, trails, or coastal bluffs. 2. 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 located at the Lido Channel Turning Basin on the other side of Newport Boulevard and is not visible from the site. The proposed single-family residence complies with all applicable Local Coastal Program 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. 3. Facts in Support of Finding B above are hereby incorporated by reference. Zoning Administrator Resolution No. ZA2020-039 Page 7 of 14 Finding: G. The modification will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas. Facts in Support of Finding: 1. Facts in Support of Finding B above are hereby incorporated by reference. Finding: H. The modification will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation or wildlife species. Fact in Support of Finding: 1. There are no coastal resources on the property nor are there any in the immediate area that could be affected by the redevelopment of the property, which is protected by an existing bulkhead that is proposed to be raised. The setback encroachment is located in an area allowed to be developed with hardscape and accessory structures. The requested encroachments will not result in greater impact to coastal resource than a compliant structure. Finding: I. The granting of the modification will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the Local Coastal Program. Fact in Support of Finding: 1. Relief from development standards is provided to address practical difficulties related to unique or unusual circumstances and the deviation process is part of the LCP. The proposed development complies with all applicable standards and policies of the LCP. Facts in support of Findings A, B and C are hereby incorporated by reference. Modification Permit In accordance with Section 20.52.050.E (Modification Permits – Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: J. The requested modification will be compatible with existing development in the neighborhood. Zoning Administrator Resolution No. ZA2020-039 Page 8 of 14 Facts in Support of Finding: 1. The neighborhood is comprised of a mix of one (1)-, two (2)- and three (3)-story residential structures. The design, bulk, and scale of the proposed development is consistent with the existing neighborhood pattern of development and expected future development. 2. The new structure is sited similarly to structures on adjacent properties. The new structure is approximately 29 feet wide and maintains or exceeds the 15-foot waterfront setback along all but 3.5 feet of the building width. Apart from its most northwesterly corner, the new structure maintains a 15- to 25-foot waterfront setback and complies with all other applicable development standards. Finding: K. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and/or characteristics of the use. Fact in Support of Finding: 1. The granting of the modification is necessary due to the acutely angled waterfront setback line. The acute angle makes it difficult to design a structure with wall angles that result in functional interior rooms and deck space. Finding: L. The granting of the modification is necessary due to practical difficulties associated with the property and the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Fact in Support of Finding: 1. The acutely angled waterfront setback line makes it difficult to design a structure of similar size and siting as other residential structures in the neighborhood. The proposed structure provides more than the required setback along most of its width and requiring further reduction in the depth of the home creates a hardship for the applicant that is inconsistent with the purpose and intent of the Zoning Code. Finding: M. There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Fact in Support of Finding: 1. Alternatives to the requested modification permit would be to design the new structure with acutely angled walls to match the acutely angled setback line, or to reduce the overall depth of the home by approximately 2 feet. The proposed structure already Zoning Administrator Resolution No. ZA2020-039 Page 9 of 14 provides more than the required setback along most of its width, and these alternatives would provide lesser benefits to the applicant by further reducing the square-footage and functional space of the new structure. Finding: N. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: 1. The new structure is sited similarly to structures on adjacent properties. The new structure is approximately 29 feet wide and maintains or exceeds the 15-foot waterfront setback along all but 3.5 feet of the building width. Apart from its most northwesterly corner, the new structure maintains a 15- to 25-foot waterfront setback and complies with all other applicable development standards. 2. The proposed development maintains the intent of the Zoning Code by providing greater than the required waterfront setback along most of its width, thereby providing adequate separation, light and access to the waterfront and adjacent structures. 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 (“CEQA”) pursuant to 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2020-015 and Modification Permit No. MD2020-004, 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 in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. Zoning Administrator Resolution No. ZA2020-039 Page 10 of 14 PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF APRIL, 2020. Zoning Administrator Resolution No. ZA2020-039 Page 11 of 14 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The third floor deck shall be re-designed to comply with the required setbacks. 3. Prior to issuance of building permits, the project plans shall be updated to reflect that the development is waterproofed up to 10.6 feet North American Vertical Datum of 1988 (NAVD 88). Flood shields (sandbags and other barriers) can be deployed across the openings to prevent flooding to the structure. 4. Prior to issuance of building permits, the existing bulkhead or similar flood protection improvement shall be raised or replaced to provide a minimum elevation of 10.6 feet (NAVD 88). All improvements shall occur landward of the existing bulkhead. 5. Prior to final building permit inspection, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 6. Prior to the issuance of a building permit, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify 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 development. This letter shall be scanned into the plan set prior to building permit issuance. 7. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 8. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 9. This Coastal Development Permit does not authorize any development seaward of the private property. Zoning Administrator Resolution No. ZA2020-039 Page 12 of 14 10. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: 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 (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 11. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 12. 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. 13. 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. 14. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 15. Revisions to the approved plans may require an amendment to this Coastal Development Permit and/or Modification Permit or the processing of a new coastal development permit and/or Modification Permit. 16. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. Zoning Administrator Resolution No. ZA2020-039 Page 13 of 14 17. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit and Modification Permit. 18. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 19. Prior to the issuance of building permits, the final WQHP/WQMP shall be reviewed and approved by the Building Division. Implementation shall be in compliance with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 20. Prior to the issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 21. Prior to the 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. 22. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 23. Prior to the 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. 24. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 25. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 26. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current property owner or agent. Zoning Administrator Resolution No. ZA2020-039 Page 14 of 14 27. This Coastal Development Permit No. CD2020-015 and Modification Permit No. MD2020- 004 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. 28. Prior to the issuance of building permits, the applicant shall obtain a coastal development permit or other authorization of improvement for areas within the California Coastal Commission’s permit jurisdiction, as determined by the California Coastal Commission. 29. 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 Bogh Residence including, but not limited to, Coastal Development Permit No. CD2020-015 and Modification Permit No. MD2020-004 (PA2020-025). 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.