HomeMy WebLinkAbout03_Dobson Residence CDP_PA2020-282
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 11, 2021
Agenda Item No. 3
SUBJECT: Dobson Residence (PA2020-282)
Coastal Development Permit No. CD2020-137
SITE LOCATION: 408 38th Street
APPLICANT: Pam Dobson
OWNER: Pam Dobson
PLANNER: Liz Westmoreland, Associate Planner
949-644-3234 or lwestmoreland@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: RT (Two Unit Residential)
Zoning District: R-2 (Two-Unit Residential)
Coastal Land Use Plan Category: RT-D (Two Unit Residential) - (20.0 - 29.9 DU/AC)
Coastal Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request for a coastal development permit to construct a new 280 square foot third story
addition and roof deck on an existing two-story single-family residence. The height of the
existing structure will increase by approximately 6 feet 4 inches (27 percent), and the floor
area will increase by approximately 10 percent. The existing structure is approximately
22 feet 8 inches in height and the proposed structure would reach a maximum height of
29 feet.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project 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;
and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2020-137 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
The subject property is located in the R-2 Coastal Zoning District, which provides for
single-unit and two-unit
Coastal Land Use Plan, General Plan, and Zoning Code. A coastal development
permit is required because the project includes a height increase of more than ten
percent. The property is not eligible for a waiver for de minimis development because
the property is located in the Coastal Commission Appeal Area.
The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with one-, two- and
three-story, single-family residences and duplexes. The proposed design, bulk,
and scale of the development is consistent with the existing neighborhood pattern
of development and expected future development consistent with applicable
development standards. An aerial image is provided below for reference (Figure
1).
Figure 1: Aerial of Project Neighborhood
The existing single-family residence, the proposed addition, and accessory
structures conform to all applicable development standards, including floor area limit,
setbacks, height, and off-street parking as evidenced by the project plans and
illustrated in Table 1 below.
Subject Property
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Table 1 Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Street) 3 feet 3 feet
Sides 3 feet 3 feet
Front (Bay) 30 feet 30 feet
Allowable Floor Area (max.) 3,216 square feet 3,064 square feet
Allowable 3rd Floor Area (max.) 322 square feet 280 square feet
Open Space (min.) 241 square feet 288 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24-foot flat roof
29-foot sloped roof
Hazards
A Coastal Hazards Report and Sea Level Rise Analysis was prepared by Geosoils,
Inc. dated September 28, 2020, for the project. The current maximum bay water
elevation is 7.7 feet North American Vertical Datum of 1988 (NAVD88) and may
exceed the existing 8.0 feet (NAVD88) top of bulkhead elevation during high tide or
storm events. The report analyzes future sea level rise scenarios assuming a 2.9-
foot increase in the maximum water level over the next 75 years (i.e. the life of the
structure). Therefore, the sea level is estimated to reach approximately 10.65 feet
(NAVD88 ) - (the likely range for sea level rise over 75-year design life of the structure
based on low risk aversion estimates for sea level rise provided by the State of
California, Sea Level Rise Guidance: 2018 Update). The existing finished floor
elevation complies with the minimum required finished floor elevation of 9.0 feet
(NAVD88), but would not protect against future sea level rise up to 10.65 feet
(NAVD88). However, once the existing seawall/bulkhead is
recommendations, flooding, wave runup, and erosion will not significantly impact this
property over the proposed 75-year economic life of the development. Flood shields
(sand bags and other barriers) can be deployed across the openings to protect and
prevent flooding to the structure. The report concludes that the proposed project will
be safe from flooding hazards for the next 75 years with the raised bulkhead.
Therefore, the project has been conditioned to raise the bulkhead up to 10.65 feet
(NAVD88).
Pursuant to Newport Beach Municipal Code (NBMC) Section 21.30.030(C)(3)(i)(iv) -
(Natural Landform and Shoreline Protection), 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 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) (Waterfront
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Development - Development Standards). 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.
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 a building permit. 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.
Water Quality
The property is located adjacent to coastal waters. Pursuant to Section 21.35.030
(Construction Pollution Prevention Plan) of the Municipal Code, 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 provided and construction
plans and activities will be required to adhere to the CPPP.
The project design addresses water quality with a construction erosion control plan
and a post-construction drainage system that includes drainage and percolation
features designed to retain dry weather runoff and minor rain event runoff on-site.
Any water not retained on-
Public Access and Views
The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) requires that the provision of public access bear a
proportional to the impact. In this case, the project includes an addition to an existing
single-family residence located on standard R-2 lot. 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 (appropriate height, setbacks, etc.) so as not to block or impede existing
public access opportunities.
The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is at Newport Island Park and is not visible from the site due to intervening
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structures. The site is located adjacent to the Rialto Channel, which is accessible to
the public and provides opportunities to view residences and the channels around
Newport Island. As currently developed, the existing property and other residences
along Rialto Channel are located within the view shed of the channel. However, the
proposed addition and roof deck comply with all applicable Local Coastal Program
(LCP) development standards and maintains a building envelope consistent with the
existing neighborhood pattern of development. The proposed addition is less than
the maximum allowed for the zoning district and the third floor is setback from the
front and rear property lines to reduce the appearance of bulk. Additionally, the
project does not contain any unique features that could degrade the visual quality of
the coastal zone.
Vertical access to the Rialto Channel is available near the site along Marcus and
Finley Avenues where there are access points. Lateral access is available adjacent
to the site along the Rialto Channel. The project does not include any features that
would obstruct access along these routes. Any proposed changes to the existing
dock or pier in the water would require separate review and approval by the City,
and potentially a coastal development permit from the California Coastal
Commission.
ENVIRONMENTAL REVIEW
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) 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.
Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists of the
construction of a 280 square foot addition and roof deck.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
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
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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
s, Sections 13111 through
13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
_____________________________
Liz Westmoreland, Associate Planner
MS/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2020-137 TO CONSTRUCT A
NEW THIRD STORY ROOF DECK AND 280 SQUARE FOOT
ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE
LOCATED AT 408 38TH STREET (PA2020-282)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Pam Dobson with respect to property located at 408 38th
Street, requesting approval of a coastal development permit.
2. The lot at 408 38th Street is legally described as Lot 5 of Block 437 of the Canal Section
Tract.
3. The applicant proposes to construct a new 280 square foot third story addition and roof
deck on an existing two (2)-story single-family residence. The height of the existing
structure will increase by approximately 6 feet 4 inches (27 percent), and the floor area will
increase by approximately 10 percent. The existing structure is approximately 22 feet 8
inches in height and the proposed structure would reach a maximum height of 29 feet. The
project includes raising the .
4. The subject property is designated RT (Two Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two-Unit Residential) Zoning District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT-D (Two Unit Residential) - (20.0 - 29.9 DU/AC) and it is located within the
R-2 (Two-Unit Residential) Zoning District.
6. A public hearing was held online on February 11, 2021, observing restrictions due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Division 6 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
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02-03-2020
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
construction of a new third story roof deck and an addition of approximately 280 square
feet to an existing single-family residence.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 3,216 square feet and the proposed floor area
is 3,064 square feet.
b. The existing and proposed development provides the minimum required setbacks,
which are 3 feet along the front property line abutting 38th Street, 3 feet along each
side property line, and 30 feet along the other front property line abutting the water.
c. The highest guardrail is less than 24 feet from established grade (8.97 feet
NAVD88) and the highest ridge is no more than 29 feet from established grade,
which comply with the maximum height requirements.
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 mixture of one (1)-, two (2)- and three (3)-story,
single-family residences and duplexes. The proposed design, bulk, and scale of the
development is consistent with the existing neighborhood pattern of development.
3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by Geosoils, Inc.
dated September 28, 2020, for the project. The current maximum bay water elevation is
7.7 NAVD88 (North American Vertical Datum of 1988) and may exceed (or almost
exceed) the existing 8.0 feet (NAVD88) top of bulkhead elevation during high tide or
storm events. The report analyzes future sea level rise scenarios assuming a 2.9-foot
increase in the maximum water level over the next 75 years (i.e. the life of the structure).
Therefore, the sea level is estimated to reach approximately 10.65 feet (NAVD88) - (the
likely range for sea level rise over 75-year design life of the structure based on low risk
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02-03-2020
aversion estimates for sea level rise provided by the State of California, Sea Level Rise
Guidance: 2018 Update). The existing finished floor elevation complies with the
minimum required finished floor elevation of 9.0 feet (NAVD88) but would not protect
against future sea level rise up to 10.65 feet (NAVD88). However, once the existing
seawall/bulkhead is raised
erosion will not significantly impact this property over the proposed 75-year economic
life of the development. Flood shields (sand bags and other barriers) can be deployed
across the openings to protect and prevent flooding to the structure. The report
concludes that the proposed project will be safe from flooding hazards for the next 75
years with the raised bulkhead. Therefore, the project has been conditioned to raise the
bulkhead up to 10.65 feet (NAVD88).
4. Pursuant to NBMC Section 21.30.030(C)(3)(i)(iv) - (Natural Landform and Shoreline
Protection), 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 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)
(Waterfront Development - Development Standards). 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.
5. 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.
6. The property is located adjacent to coastal waters. A Construction Erosion Control Plan
was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived by construction chemicals and materials. The project design also
addresses water quality through the inclusion of a post-construction drainage system that
includes drainage and percolation features designed to retain dry weather and minor rain
event runoff on-site. Any water not retained on-
system.
7. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping). 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.
8. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is at Newport Island Park and is not visible from the site due to intervening
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02-03-2020
structures. The site is located adjacent to the Rialto Channel, which is accessible to the
public and provides opportunities to view residences and the channels around Newport
Island. As currently developed, the existing property and other residences along Rialto
Channel are located within the view shed of the channel. However, the proposed addition
and roof deck comply with all applicable Local Coastal Program (LCP) development
standards and maintain a building envelope consistent with the existing neighborhood
pattern of development. The proposed addition is less than the maximum allowed for the
zoning district and the third floor is setback from the front and rear property lines to reduce
the appearance of bulk. Additionally, the project does not contain any unique features that
could degrade the visual quality of the coastal zone.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 requires that the provision of public access bear
impact and be
proportional to the impact. In this case, the project creates a third-floor roof deck and
addition on a standard R-2 lot. 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 (appropriate
height, setbacks, etc.) so as not to block or impede existing public access opportunities.
2. Vertical access to the Rialto Channel is available near the site along Marcus and Finley
Avenues where there are access points at the street ends. Lateral access is available
adjacent to the site along the Rialto Channel. The project does not include any features
that would obstruct access along these routes. Any proposed changes to the existing
dock or pier in the water would require separate review and approval by the City, and
potentially a coastal development permit from the California Coastal Commission.
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 pursuant to Section
15303 under Class 3 (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. CD2020-137, subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
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02-03-2020
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.
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF FEBRUARY, 2021.
_____________________________________
Jaime Murillo, Zoning Administrator
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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. Prior to final building permit inspection, the existing seawall shall be raised to 10.65 feet
(NAVD88) minimum in accordance with the recommendations provided in the report
prepared by Geosoils, Inc. dated September 28, 2020 and as identified in the approved
plans. All improvements shall occur landward of the existing bulkhead.
3. 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 including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint of the
bulkhead or other shoreline protective device. The agreement shall be binding against
the property owners and successors and assigns.
4. 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,
development. This letter shall be scanned into the plan set prior to building permit issuance.
5. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
6. 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.
7. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
plans.
8. 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,
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wetlands or their buffers. No demolition or construction materials shall be stored on
public property.
9. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
10. This Coastal Development Permit does not authorize any development seaward of the
private property.
11. 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.
12. 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.
13. 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.
14. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
15. 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.
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16. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
17. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
18. 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.
19. 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.
20. 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.
21. 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.
22. This Coastal Development Permit No. CD2020-137 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.
23. 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
whatsoever which
approval of Dobson Residence including, but not limited to, Coastal Development Permit
No. CD2020-137 (PA2020-282). 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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Attachment No. ZA 2
Vicinity Map
16
VICINITY MAP
Coastal Development Permit No. CD2020-137
PA2020-282
408 38th Street
Subject Property
17
Attachment No. ZA 3
Project Plans
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