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HomeMy WebLinkAboutZA2025-065 - APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING TRIPLEX AND CONSTRUCT A NEW THREE-STORY TWO-UNIT DWELLING WITH AN ACCESSORY DWELLING UNIT AND A TENTATIVE PARCEL MAP FOR CONDOMINIUM PURPOSES LOCATED AT 306 MARGUERITE AVENUE UNIRESOLUTION NO. ZA2025-065 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING TRIPLEX AND CONSTRUCT A NEW THREE-STORY TWO-UNIT DWELLING WITH AN ACCESSORY DWELLING UNIT AND A TENTATIVE PARCEL MAP FOR CONDOMINIUM PURPOSES LOCATED AT 306 MARGUERITE AVENUE UNITS A, B, AND C (PA2025-0029) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mark Teale of Teale Architecture (Applicant) on behalf of the owner John DeCarrier (Owner) with respect to property located at 306 Marguerite Avenue, and legally described as Lot 8, Block 239, of the Corona Del Mar Tract (Property), requesting approval of a coastal development permit (CDP) and a tentative parcel map (TPM). 2. The Applicant requests a CDP to demolish an existing triplex and construct a new, three- story, 3,886 square-foot two-unit residence with 430 square feet of attached, single-car garages, and two carport spaces for a total of four parking spaces. The project also includes a 304 square-foot internal Accessory Dwelling Unit (ADU) for a total of three dwelling units proposed on the site. Also proposed is the construction of additional appurtenances such as walls, fences, patios, hardscape, drainage devices, and landscaping. The project complies with all applicable development standards and no deviations are requested. A TPM is requested to allow for an airspace subdivision of the primary units for individual sale (i.e., for condominium purposes). No waivers of the Newport Beach Municipal Code (NBMC) Title 19 (Subdivisions) are proposed. The TPM would allow the two primary dwelling units to be sold individually (Project). 3. The Property is categorized as RM (Multiple Residential) by the General Plan Land Use Element and is located within the RM (Multiple Residential) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is RM-E (Multiple Unit Residential) - (30.0 – 39.9 DU/AC) and it is located within the RM (Multiple Residential) Coastal Zoning District. 5. A public hearing was held on October 30, 2025, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2025-065 Page 2 of 14 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Project is categorically exempt from the California Environmental Quality Act (CEQA) 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. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structures. Class 3 also exempts the demolition of up to three single-unit dwellings and additions of up to 10,000 square feet to existing structures and allows the construction or conversion of up to three single-unit dwellings. In this case, the Project will demolish an existing three-unit triplex and construct a new 3,886 square-foot, three-story, two-unit residence with an ADU. 3. This Project is also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 4. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four 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 years, and the parcel does not have an average slope greater than 20%. The Project is for a two-unit condominium subdivision that will conform to all development standards and is therefore consistent with and eligible for the Class 15 Exemption. 5. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project 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(F) (Coastal Development Permits, Findings and Decision) of the 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. Zoning Administrator Resolution No. ZA2025-065 Page 3 of 14 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 3,888 square feet and the proposed floor area is 3,886. The proposed floor area exempts 200 square feet from each of the two attached single car garages, consistent with Table 21.18-4 of NBMC 21.18.030 (Residential Coastal Zoning Districts General Development Standards). b. The Project provides the minimum required setbacks, which are five feet along the front property line fronting Marguerite Avenue, three feet along each side property line, and five feet along the rear property line abutting the alley. c. The highest guardrail is less than 28 feet from established grade, an elevation of 141.45 feet North American Vertical Datum of 1988 (NAVD 88) and the highest ridge is no more than 33 feet from established grade. The Project therefore complies with all height requirements. d. The Project provides a total of four parking spaces, two single-car garages and two carport spaces, meeting the minimum requirement for a two-unit dwelling. No parking is required for the ADU. e. The Project proposes a minimum top of slab elevation of 112.74 feet NAVD 88, which complies with the minimum 9.0-foot top of slab elevation requirement for interior living areas of new structures. 2. The surrounding neighborhood is developed with a mix one- to three-story single, two-, and three-unit dwellings. The proposed design, bulk, and scale of the Project is consistent with the existing neighborhood pattern of development. 3. The Project proposes to demolish the existing triplex on-site to construct a two-unit residence and attached ADU. 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 two-unit residences and accessory dwelling unit land uses. Under Coastal Land Use Plan Table 2.1.1-1, the Multiple Unit Residential (RM) category is intended to provide primarily for multi-family residential development containing attached or detached dwelling units. Implementation Program (IP) Table 21.18-1 in Section 21.18.020 (Residential Coastal Zoning Districts Land Use) of NBMC shows “Two-Unit Dwellings” and “Accessory Dwelling Units” as allowed uses in the RM Coastal Zoning District. Therefore, the project of a two-unit residence and Zoning Administrator Resolution No. ZA2025-065 Page 4 of 14 ADU to replace the existing triplex is consistent with the RM zoning and land use designations and does not result in a loss of residential density. 4. The Property is within a developed neighborhood, is located more than 800 feet from the beach, and is not located near or adjacent to any natural landforms including coastal bluffs, and is not within the proximity of any environmentally sensitive areas. 5. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. Condition of approval no. 33 is included, which requires drought-tolerant species. Before the issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 6. The Property 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 from Ocean Boulevard, approximately 635 feet southwest of the property. Similarly, the nearest coastal view road segments are located along Ocean Boulevard. These areas offer views of the Pacific Ocean and the Newport Harbor. The Property is upland of these viewpoints and lies outside their viewshed. 7. The proposed three-story design is consistent with the existing neighborhood pattern of development. The project will not affect the existing views afforded from the viewing areas. The project will replace an existing triplex with a new two-unit dwelling and ADU that complies with all applicable development standards. The project presents the opportunity to enhance views by updating a structure built in 1950 with a new building with an updated design and is not near the Pacific Ocean or Newport Harbor, where public views are oriented. Therefore, the project does not have the potential to degrade the visual quality of the coastal zone or result in significant adverse impacts to public views. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The project site is not located between the nearest public road and the sea or shoreline. As such, it is not necessary to assess the consistency with the public access and public recreation policies of Chapter 3 of the Coastal Act. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC 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 includes the demolition of a triplex and the construction of a two-unit dwelling with an ADU on an RM zoned 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. Zoning Administrator Resolution No. ZA2025-065 Page 5 of 14 2. Coastal access is currently provided and will continue to be provided along Ocean Boulevard, by Inspiration Point which is approximately 800 feet south of the Property and by the Corona del Mar Main Beach Ramp which is approximately 900 feet south west of the Property. The project would not impact coastal access opportunities. 3. The TPM is for a property that is over 850 feet from the nearest beach and the approval of the map will not affect public recreation, access, or views. There are several streets and blocks of residential properties between the subject property and the Newport Harbor. Tentative Parcel Map In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC, the following findings, and facts in support of such findings, are set forth: Finding: C. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: 1. The TPM is for two-unit condominium purposes. The property owner proposes to demolish the existing residential triplex and construct a new two-unit condominium building with an ADU. The TPM will allow for the separate sale of each primary unit in the future. The ADU is proposed as accessory to Unit A. The proposed subdivision and improvements are consistent with the allowed density of the RM Zoning District and the Multiple Residential (RM) General Plan Land Use designation. 2. The Property is not located within a specific plan area. Finding: D. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The Property is physically suitable for attached residential dwellings, as it is regular in shape and relatively flat. The Property is currently developed with a residential triplex that will be replaced with an attached, two-unit residential condominium with an ADU. 2. The Property is accessible by pedestrians from Marguerite Avenue at the front property line and from the alley abutting the rear property line. Vehicular access is available only from the alley. 3. The Property is adequately served by existing utilities, including electrical, water, and sewer. Conditions of Approval Nos. 30, 35, 36 and 37 require separate utility connections for each condominium unit, including fire sprinkler lines. Zoning Administrator Resolution No. ZA2025-065 Page 6 of 14 4. There is no proposed change in density. The Property is currently developed with three residential units and will be redeveloped with a total of three units, resulting in no net change in number of dwelling units. Finding: E. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision-making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. The Property is located within a developed residential neighborhood that does not contain any sensitive vegetation or habitat on-site. 2. This Project is exempt from CEQA pursuant to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines. Finding: F. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 1. The TPM is for residential condominium purposes. All improvements associated with the Project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the Applicant pursuant to Section 19.28.010 (General Improvement Requirements) of the NBMC and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act. The Project shall comply with all ordinances of the City and all Conditions of Approval. 2. The Project has been conditioned to require public improvements, including the reconstruction of sidewalks, curbs, and gutters along the Marguerite Avenue frontage and the alley, as needed. 3. Existing improvements (paving, fence, walls) within the Marguerite Avenue parkway will be removed and replaced with new turf or other drought tolerant landscaping. 4. Utilities shall be undergrounded, consistent with Title 19 (Subdivisions) of the NBMC. Zoning Administrator Resolution No. ZA2025-065 Page 7 of 14 Finding: G. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision-making body may approve a map if it finds that alternate easements, for access or use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by the judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Fact in Support of Finding: 1. The Public Works Department has reviewed the proposed TPM and determined that the design of the development will not conflict with easements acquired by the public at large, for access through, or use of Property within the proposed development because no public easements are located on the Property. Finding: H. The subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: 1. The Property is not subject to the Williamson Act because the Property is not designated as an agricultural preserve and is less than 100 acres in area. 2. The Property is developed for residential use and is in the RM Zoning District, which permits residential uses. Finding: I. In the case of a “land project” as defined in Section 11000.5 of the California Business and Professions Code: (1) there is an adopted specific plan for the area to be included within the land project; and (2) the decision-making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: 1. The California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this project site is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the Project site does not contain 50 or more parcels of land. Zoning Administrator Resolution No. ZA2025-065 Page 8 of 14 2. The Project is not located within a specific plan area. Finding: J. Solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Fact in Support of Finding: 1. The TPM and any future improvements are subject to Title 24 of the California Code of Regulations (the California Building Code) which requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: K. The subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City’s share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City’s residents and available fiscal and environmental resources. Fact in Support of Finding: 1. The Project is consistent with the RM Zoning District, which allows for multi-unit residential developments. Therefore, the TPM for a two-unit, residential, condominium with an ADU will not affect the City in meeting its regional housing needs. Finding: L. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Fact in Support of Finding: 1. Wastewater is designed to discharge into the existing sewer system and complies with the Regional Water Quality Control Board (RWQCB) requirements. Finding: M. For subdivisions lying partly or wholly within the coastal zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three (3) of the Coastal Act. Fact in Support of Finding: 1. The Property is located within the coastal zone; therefore, a CDP is required in conjunction with the proposed TPM. The Project complies with the certified Local Coastal Program (LCP) and public access and recreation policies of Chapter 3 of the Zoning Administrator Resolution No. ZA2025-065 Page 9 of 14 Coastal Act. The Facts in Support of Findings A and B for the CDP (above) are hereby incorporated by reference. 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 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, and pursuant to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. Furthermore, the exceptions to these Exemptions do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal Development Permit and Tentative Parcel Map filed as PA2025-0029, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action on the Tentative Parcel Map shall become final and effective 10 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Council in accordance with the provision of Title 19 (Subdivisions) of the NBMC. 4. This action on the Coastal Development Permit 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 20 (Planning and Zoning) of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF OCTOBER 2025. Zoning Administrator Resolution No. ZA2025-065 Page 10 of 14 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 2. 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). 3. 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. 4. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds under MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 5. 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. 6. 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 Zoning Administrator Resolution No. ZA2025-065 Page 11 of 14 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. 7. Debris from the Project 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. 8. 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. 9. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 10. This CDP may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, and welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 11. Before 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. 12. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the NBMC, 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, and 8:00 a.m. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 13. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control), under Sections 10.26.025 (Exterior Noise Standards) and 10.26.030 (Interior Noise Standards), and other applicable noise control requirements of the Newport Beach Municipal Code (NBMC). 14. Before the issuance of the building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 15. 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. ZA2025-065 Page 12 of 14 16. Prior to recordation of the final parcel map, the existing residential triplex shall be demolished. 17. Approval of this project does not constitute approval or implied approval for any future property development permits, including but not limited to demolition permits, coastal development permits, grading permits, or building permits. 18. 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 cause for revocation of this approval. 19. 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 19 (Subdivisions) and Title 21 (Local Coastal Implementation Plan) of the NBMC. 20. 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 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 DeCarrier Residential Condominiums including, but not limited to Coastal Development Permit and Tentative Parcel Map (PA2025-0029). 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 Applicant, City, and/or the parties initiating or bringing 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 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. Public Works Department 21. Prior to the final inspection of the building permit for new construction, a Parcel Map shall be recorded. The Map shall be prepared on the California coordinate system NAVD 88. Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 22. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Zoning Administrator Resolution No. ZA2025-065 Page 13 of 14 Subdivision Code and Orange County Subdivision Manual, Sub article 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 23. After the recordation of the parcel map and prior to the building permit final, the Applicant shall apply for a building permit for a description change of the subject project development from “duplex with ADU to “condominium.” The development will not be condominiums until this description change permit is final. 24. All improvements shall be constructed as required by Ordinance and the Public Works Department. 25. An encroachment permit is required for all work activities within the public right-of-way. 26. All damaged sidewalk panels, curb, gutter, sidewalk, and street along Marguerite Avenue and any damaged concrete panels along the alley frontage shall be reconstructed as determined by the Public Works Department. 27. Prior to the recordation of the parcel map, all existing overhead utilities shall be undergrounded. 28. The existing City trees along the Marguerite Avenue frontage shall be protected in place. 29. All improvements shall comply with the City’s sight distance requirement per City Standard 110-L. 30. Each for-sale unit shall be served by its individual water service/meter and sewer lateral/cleanout. Each water meter and sewer cleanout shall be installed with a traffic- grade box and cover. 31. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 32. Parkway paving, including the area between the back of walk and property line, within the Marguerite Avenue frontage shall be removed. Turf or other drought tolerant landscaping within the Marguerite Avenue parkway shall be installed. 33. 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. 34. 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. Zoning Administrator Resolution No. ZA2025-065 Page 14 of 14 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. Building Division 35. Prior to the recordation of the parcel map, separate utilities shall be provided for each primary unit, including water, electrical, and gas. Fire Department 36. A NFPA 13D fire sprinkler system shall be required for the Project. 37. Each primary unit shall have their own dedicated water meter for the fire sprinkler system.