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HomeMy WebLinkAboutPA2022-0204_20230126_Resolution_ZA2023-004Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL January 26, 2023 Mr. Robert Sinclair Sinclair Associates Architects, Inc. P.O. Box 3251 Blue Jay, CA 92663 rsinclair@sinclairarc.com Subject: Planning Application No. PA2022-0204 (CDP) 925 Via Lido Soud, LLC Residence It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on January 26, 2023 and is now within the required City appeal period until February 9, 2023. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF At the conclusion of both appeal periods, a building permit may be issued for the project. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, ls/MKN C: Sherman Stacey, Bob Olson 10-18-2021 RESOLUTION NO. ZA2023-004 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LOT MERGER AND A COASTAL DEVELOPMENT PERMIT TO DEMOLISH TWO (2) EXISTING SINGLE-FAMILY RESIDENCES AND TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ACCESSORY DWELLING UNIT LOCATED AT 921 AND 925 VIA LIDO SOUD (PA2022-0204). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sinclair Associates Architects, Inc., concerning property located at 921 and 925 Via Lido Soud, requesting approval of a lot merger and a coastal development permit. The property at 921 Via Lido Soud is legally described as Lot 318 of Tract No. 907 and the property at 925 Via Lido Soud is legally described as Lot 319 of Tract No. 907. 2. The applicant requests a lot merger to combine two (2) adjacent lots under common ownership to create a single parcel for development purposes and a coastal development permit to demolish two (2) single-family residences to construct a new 7,232- square-foot, two (2)-story, single-family residence with a 599-square-foot accessory dwelling unit and attached 1,143-square-foot, four (4)-car garage with golf cart space. All work will be performed from the landside of the U.S. Bulkhead Line and all construction will occur from private property (i.e., the landside). The project also includes additional appurtenances such as site walls, fences, patios, drainage devices, and landscaping. The design complies with all applicable development standards, including height, setbacks, and floor area limit; no deviations are requested. 3. 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. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-C (Single Unit Residential Detached - (10.0 - 19.9 DU/AC)) and it is located within the R-1 (Single-Unit Residential) Coastal Zone District. 5. The proposed project is located within the City of Newport Beach permit jurisdiction pursuant to the Post LCP Certification Permit and Appeal Jurisdiction Map (“Map”) and is within the Appeal Area of the California Coastal Commission. Pursuant to the Map, the California Coastal Commission retains jurisdiction within tidelands, submerged lands, and lands that are subject to the public trust or were subject to the public trust at any time. The proposed project is adjacent to, but not located within tidelands or lands that are subject to the public trust or were subject to the public trust at any time. The proposed bulkhead is contained entirely within private property and all construction would be conducted without the use of mechanized equipment on the water or sand. Additionally, the project is located Zoning Administrator Resolution No. ZA2023-004 Page 2 of 16 10-05-2021 outside of submerged lands, which is defined as the lands that lay below the line of mean low tide (from California Code of Regulations Section 13577). Therefore, the project is under the permit jurisdiction of the City of Newport Beach. 6. A public hearing was held on January 26, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given by the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt under Title 14 of the California Code of Regulations Section 15303 and Section 15315, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions) because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the demolition 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 two (2) single-family residences and the construction of a new 7,332- square-foot single-family dwelling with an attached 559-square-foot accessory dwelling unit and attached 1,143-square-foot four (4)-car garage. The exceptions to this categorical exemption under Section 15300.2 are not applicable. 3. Class 15 exempts the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and Zoning; no variances or exceptions are required; all services and access to the proposed parcels are available; the parcel was not involved in a division of a larger parcel within the previous two (2) years; and the parcel does not have an average slope greater than 20 percent. This exemption includes a minor lot merger not resulting in the creation of any new parcel and complies with the conditions specified above. 4. 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. Lot Merger In accordance with Section 19.68.030(H) (Lot Mergers – Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2023-004 Page 3 of 16 10-05-2021 A. Approval of the merger will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title. Facts in Support of Finding: 1. The proposed lot merger will combine two (2) lots under common ownership by removing the interior lot line between them. The merging of the two (2) lots will not result in the creation of additional parcels. 2. The Project proposes to demolish two existing single-family residences, one of which has historically been used as a guesthouse for the larger residence, to construct a single-family residence and attached accessory dwelling unit (ADU). As a result, the Project complies with the Housing Crisis Act of 2019 and Senate Bill 8 (Skinner) because it does not result in the loss of residential density. The State Department of Housing and Community Development (“HCD”) has verified with the City in an email dated March 23, 2022, that an ADU is considered a housing unit under Government Code Section 66300 provisions to replace existing units. The property owner has certified that the units are not "protected" units under Section 66330 Subdivision (d)(2). The project is consistent with the General Plan, Local Coastal Program, and Zoning designations that allow the single-family and accessory dwelling unit land uses. Under the Coastal Land Use Plan Table 2.1.1-1, the Single Unit Residential (RS-D) category is intended for single-family residential development. Implementation Program (IP) Table 21.18-1 shows “Single-Unit Dwellings – Detached” and “Accessory Dwelling Units” as allowed uses in the R-1 Coastal Zoning District. Therefore, the project of a single-family residence and accessory dwelling unit to replace two existing two (2) single-family residences is consistent with the R-1 zoning and land use designations and does not result in a loss of residential density. 3. The project will replace two (2) single-family residences with one (1) single-family dwelling and one ADU on the merged parcels. Therefore, the lot merger will not affect the City in meeting its regional housing needs and is not considered a reduction of density under SB330. 4. The project is in an area with an average slope of less than 20 percent. 5. The lot merger is consistent with the purpose and intent of NBMC Title 19 (Subdivisions). Finding: B. The lots to be merged are under common fee ownership at the time of the merger. Fact in Support of Finding: 1. The two (2) lots to be merged are under common fee ownership and are conditioned to remain under common fee ownership before the recordation of the lot merger. Zoning Administrator Resolution No. ZA2023-004 Page 4 of 16 10-05-2021 Finding: C. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. The merged lots will retain the R-1 (Sinlge-Unit Residential) zoning designation, consistent with the surrounding area. The R-1 Zoning District is intended to provide for a maximum of one (1) residential dwelling unit located on a single legal lot. The zoning designation also allows one (1) accessory dwelling unit per property. 2. The Land Use Element of the General Plan designates both properties as RS-D (Single- Unit Residential Detached), which applies to single-family residential dwelling units. The Coastal Land Use Plan designates the properties as RSD-C (Single-Unit Residential Detached – 10.0 - 19.9 DU/AC) which provides for density ranges from 10.0-19.9 dwelling units per acre. The land use will remain the same and the merger is consistent with the land use designations of the General Plan and Coastal Land Use Plan. 3. The subject properties are not located within a specific plan area. 4. Newport Beach Municipal Code Sections 20.18.030 and Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) establish the minimum standards required for lot creation. The minimum lot width required and the minimum lot area required in the R-I zoning district are 50 feet and 5,000 square feet, respectively. The existing lots are individually 40-foot widths and 3,102 and 3,307 square feet in area. The width of the merged lot will be approximately 80 feet and the lot area will be approximately 6,408 square feet. The original Lido Isle Tract No. 907 is developed with lots that range from 30 to 50-foot width fronting the street. The proposed lot configuration is 80 feet in width fronting Via Lido Soud and complies with the minimum lot width of 50 feet prescribed by the Zoning Code. 5. The proposed width and area are consistent with other merged lots throughout Lido Island. For example, the two adjacent properties to the west have been previously merged with two and three lots from the original Tract No. 907, respectively. Finding: D. Neither the lots as merged nor adjoining parcels will be deprived of legal access because of the merger. Fact in Support of Finding: 1. Legal access for vehicular traffic and pedestrians is provided from Via Lido Soud and will remain unchanged. Currently, the site does not provide access to any other properties. No adjoining parcels will be deprived of legal access as a result of the merger. Zoning Administrator Resolution No. ZA2023-004 Page 5 of 16 10-05-2021 Finding: E. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: a. Whether the development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. b. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. c. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. Facts in Support of Finding: 1. Lido Island has a unique shape along the waterfront which results in lots of various shapes and sizes. Properties vary in size and width under the original tract configuration. Within the 900 block of Via Lido Soud, there are existing lots that are smaller, similar in size, or larger than the merged lot. 2. The merged lots do not develop previously underdeveloped land, nor does it disrupt the character or livability of the neighborhood. 3. Orientation and access to the parcel will remain from Via Lido Soud. The resulting lot configuration will not change the existing pattern of development in the area. 4. Fact in Support of Finding C.4 is hereby incorporated by reference. Waiver of Parcel Map In accordance with NBMC Section 19.08.30(A)(3) (Waiver of Parcel Map Requirement), the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three (3) parcels are eliminated. The following finding and facts in support of such findings are set forth: Finding: F. The proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Zoning Administrator Resolution No. ZA2023-004 Page 6 of 16 10-05-2021 Facts in Support of Finding: 1. Approval of the proposed lot merger would remove the existing interior lot lines and allow the property to be utilized as a single site. The merged lot would comply with all design standards and improvements required for new subdivisions by Title 19, the Zoning Code, and General Plan. 2. The subject property is not located within a specific plan area. The property complies with the requirements of Title 21 LCP Implementation Plan, as detailed in the following section (Findings G and H). 3. The proposed lot merger combines two (2) contiguous lots under common ownership into a single parcel of land and does not result in the elimination of more than three (3) parcels. 4. The merged lot is within an urban environment and will be served by existing public utilities. Coastal Development Permit 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: G. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. Facts in Support of Findings A3, C4, and E3 are hereby incorporated by reference. 2. The project complies with all applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The total proposed floor area, including the residence and enclosed parking, is 8,975 square feet, which complies with the maximum allowable floor area limit of 12,817 square feet. b. The proposed development will provide the minimum required setbacks, which are four (4)-feet along the waterfront property line abutting Via Lido Soud, ten (10)-feet along the street front property line, and four (4)-feet along each side property line. c. The highest two-story roofline is no more than 24 feet from the established grade level of 13.5 feet based on the North American Vertical Datum of 1988 (“NAVD88”), which complies with the maximum height limitation. Zoning Administrator Resolution No. ZA2023-004 Page 7 of 16 10-05-2021 d. The project includes an enclosed garage parking for four (4) vehicles, which complies with the minimum 3-car parking requirement for single-family residences with more than 4,000 square feet of habitable floor area and one parking space for the accessory dwelling unit. A golf cart space is also included. e. The project is conditioned to require the recordation of a deed restriction that will prohibit the use of the ADU for short-term rentals (i.e., less than 30 days) and will also prohibit the sale of the ADU separate from the principal dwelling. 3. The neighborhood is predominantly developed with two (2)-story single-family residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development consistent with applicable development standards. 4. A Coastal Hazards Report and Sea Level Rise Analysis were prepared by Geo Soils, Inc. dated August 29, 2022, for the project. The current maximum bay water elevation is 7.7 NAVD88 (North American Vertical Datum of 1988 (NAVD88) and may exceed the existing 13.5 feet NAVD88 top of bulkhead elevation during high tide or storm events. The report analyzes future sea level rise scenarios assuming a 3-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 10.7 feet NAVD88 (the likely range for sea level rise over the 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). Based upon the analysis, the proposed development is reasonably safe from coastal hazards including shoreline movement, waves, wave runup, and flooding for the next 75 years. 5. On March 23, 2021, the City Council approved updated Waterfront Project Design Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities. The guidelines require that any bulkhead structure permitted within the years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88) with a design for adaptability elevation of 14.4 feet (NAVD 88). The project site will be protected by an existing concrete panel bulkhead fronting the 921 Via Lido Soud parcel and a recently approved new pile and stem wall bulkhead fronting the 925 Via Lido Soud parcel. Both bulkheads meet the current City requirements of a minimum bulkhead elevation of 10.9 feet NAVD88 and the ability to be raised to a height of 14.4 feet NAVD88 without any bayward encroachment. 6. The finished floor elevation of the first floor of the proposed structure is 14.00 feet (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard for new structures. 7. Under NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to agree 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). This requirement is included as a condition of approval that will need to be satisfied before the final building permit inspection, respectively. Zoning Administrator Resolution No. ZA2023-004 Page 8 of 16 10-05-2021 8. 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) (Development Standards). This requirement is included as a condition of approval that will need to be satisfied before the issuance of building permits, respectively. 9. The property is in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved before the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC before building permit issuance. 10. The property is located adjacent to coastal waters. Pursuant to Section 21.35.030 (Construction Pollution Prevention Plan) of the NBMC, 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. 11. Pursuant to Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a preliminary Water Quality and Hydrology Plan (WQHP) is required. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, the 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 before building permit issuance. 12. The project design addresses water quality with a construction erosion control plan and a post-construction drainage system that includes drainage and percolation features designed to retain dry weather runoff and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. Finding: H. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The project site is 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 in Marina Park and is not visible from the site. The project site and other residences along Via Lido Soud may be located within the view shed of the Bay; however, the proposed development complies with all applicable Local Coastal Program (LCP) Zoning Administrator Resolution No. ZA2023-004 Page 9 of 16 10-05-2021 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. 2. 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 reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project replaces two existing single-family residences located on standard residential lots with a new single-family residence and accessory dwelling unit consistent with the existing neighborhood pattern of development and in keeping with applicable development standards. The lot merger and proposed single-family residence with ADU do not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 3. Vertical and lateral access to the Bay exists throughout Lido Isle, with the closest vertical access point located along Via Lido Nord approximately 500 feet north where there is access to the water and a grassy area for the public. The project does not include any features that would obstruct access along these routes. The property is zoned for residential uses including single-family and accessory dwelling units. 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 15315 under Class 15 (Minor Land Divisions) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) because it has no potential to have a significant effect on the environment and the exceptions to the Class 3 exemption do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal Development Permit, subject to the conditions outlined in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director by the provisions of Title 21 Local Coastal Program (LCP) Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. Zoning Administrator Resolution No. ZA2023-004 Page 10 of 16 10-05-2021 PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF JANUARY 2023. Zoning Administrator Resolution No. ZA2023-004 Page 11 of 16 10-05-2021 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved lot merger exhibits, 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. Revisions to the approved exhibits and plans may require an amendment to this approval or the processing of a new planning application. 3. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 4. This approval may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 5. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this lot merger. 6. Prior to the recordation of the lot merger, the existing two (2) single-family residences located at 921 and 925 Via Lido Soud shall be demolished. 7. Prior to the issuance of a building permit, the lot merger shall be submitted to the Public Works Department for final map review and approval. All applicable fees shall be paid and the approved final map (lot merger) shall be recorded with the County recorder. 8. At the time of recordation of the lot merger, the two (2) lots shall be held entirely under one (1) common fee ownership. 9. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 10. Prior to the issuance of a building and/or grading permit for an accessory dwelling unit, the property owner shall record a deed restriction with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney, prohibiting the use of the ADU for short term rentals (i.e., less than 30 days) and prohibiting the sale of the ADU separate from the principal dwelling. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. Zoning Administrator Resolution No. ZA2023-004 Page 12 of 16 10-05-2021 11. 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 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 development. This letter shall be scanned into the plan set before building permit issuance. 12. Prior to the 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. 13. Prior to the issuance of building permits, the bulkheads shall be designed and engineered for the top of the stem wall at 13.5 feet (NAVD88) and engineered to be adaptable to an elevation of 14.4 feet (NAVD88). 14. Prior to the final building permit inspection, the new seawall at 925 Via Lido Soud shall be constructed by Coastal Development Permit No. CD2022-009 and Staff Approval No. SA2022-004 (PA2022-025) and by the recommendations of the coastal hazards report prepared by GeoSoils, Inc. 15. Improvements landward of the face of the bulkhead on the subject property shall be measured from the established grade at 13.5 feet (NAVD88). 16. This Coastal Development Permit does not authorize any development seaward of the private property. 17. Prior to the final building permit inspection, the existing glass fence on public property shall be removed. At such time as directed by the City or the California Coastal Commission, the applicant shall agree to and cooperate with both agencies for 1) the removal of any unpermitted development (i.e., existing glass fence) located seaward of the property and within the prolongation of the side property lines of the subject property, and 2) the restoration of the affected area consistent with a restoration plan approved by the City and Coastal Commission. 18. All construction activities shall occur within private property and the use of mechanized equipment is prohibited within the Bay and public property. 19. All easements shall be plotted, and all easement documents provided upon final map review. Zoning Administrator Resolution No. ZA2023-004 Page 13 of 16 10-05-2021 20. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or leasing agent. 21. This approval does not authorize any new or existing improvements (including landscaping) on California Coastal Permit Jurisdiction, State tidelands, public beaches, or the public right-of-way. Any improvements located on tidelands, submerged lands, and/or lands that may be subject to the public trust shall require a coastal development permit (CDP) approved by the California Coastal Commission (Coastal Commission). 22. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter the sensitive habitat, receiving waters, or storm drains or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands, or their buffers. No demolition or construction materials shall be stored on public property. 23. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds under MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one (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. 24. All proposed accessory structures located within setback areas shall comply with applicable height limits consistent with Zoning Code Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). 25. 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. 26. All landscape materials and irrigation systems shall be maintained by the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All Zoning Administrator Resolution No. ZA2023-004 Page 14 of 16 10-05-2021 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. 27. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 28. Prior to the issuance of the building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 29. 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. 30. 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. 31. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of 925 Via Lido Soud, LLC Residence including, but not limited to the Lot Merger and Coastal Development Permit (PA2022-0204). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages, which the City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Grading 32. Prior to the issuance of building permits, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 33. Prior to the issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to review and approval by the Building Division. Zoning Administrator Resolution No. ZA2023-004 Page 15 of 16 10-05-2021 34. Prior to the issuance of building permits, temporary shoring or temporary excavation details shall be provided with adequate temporary excavation stability. Temporary shoring may be required for dead-men excavation. Building Division 35. Before the issuance of building permits, the applicant shall submit a final construction erosion control plan. The plan shall be subject to review and approval by the Building Division. 36. Before the issuance of building permits, the applicant shall submit a final drainage and grading plan. The plan shall be subject to review and approval by the Building Division. 37. The project shall comply with special flood hazard area (SFHA)AE flood mitigation requirements. 38. Prior to the issuance of building permits, the final WQHP/WQMP shall be reviewed and approved by the Building Division. The implementation shall comply with the approved CPPP and WQHP/WQMP and any changes could require separate review and approval by the Building Division. 39. Prior to the issuance of building permits, the project shall demonstrate compliance with applicable pool/spa safety requirements. All pool safety components need to be located on private property. 40. Prior to the issuance of building permits, the project plans shall demonstrate internal access to rooftop equipment. A minimum 42-inch high guard/parapet is required adjacent to the roof hatch shown on the plans (Sheet A2.5). 41. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented before and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 42. 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. 43. 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. 44. Trash and debris shall be disposed of in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. Zoning Administrator Resolution No. ZA2023-004 Page 16 of 16 10-05-2021 Public Works Department 45. No encroachments are permitted within the 4-foot-wide utility easement along Via Lido Soud fronting the property, including but not limited to, pilasters, foundations, eaves, trellis, balconies, or trees. 46. Prior to the issuance of building permits, a new sewer clean-out shall be installed per City Standard 406 and shall be located within the limits of the utility easement. All unused sewer laterals shall be abandoned at the property line. 47. Prior to the issuance of building permits, the driveway shall be installed per City Standards and the maximum width of the approach bottom shall not exceed 32 feet in width. Fire Department 48. The new residence and accessory dwelling unit shall be protected by a fire sprinkler system. 49. The dock shall be protected by a standpipe system per Guideline F.01 (Marinas, Wharfs, and Piers). 50. A three-foot-wide fire department accessway shall be provided from the street to the rear of the property and the dock.