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HomeMy WebLinkAboutZA2025-077 - APPROVING A COASTAL DEVELOPMENT PERMIT AND MODIFICATION PERMIT FOR AN ADDITION TO AN EXISTING SINGLE UNIT DWELLING AND CONSTRUCTION OF A NEW ACCESSORY DWELLING UNIT LOCATED AT 1530 GALAXY DRIVE (PA2025-0048)Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL December 11, 2025 Maisons the Art of Design Attn: Anthony Thibert 105 Zion Drive Lake Forest, CA 92630 maisonsusa@gmail.com Subject: PA2025-0048 1530 Galaxy Drive Brighton Road Investments LLC Residence Dear Mr. Thibert, 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 December 11, 2025 and is now within the required City appeal period until January 5, 2026. 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 and approval of a CDP by the Coastal Commission for the components of the project that are located within the Coastal Commissions permit jurisdiction, 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, Oscar Orozco Associate Planner LAW/oo cc: Tmplt:-04/15/2021 California Coastal Commission South Coast Area Office 200 Oceangate,10th Floor Long Beach, CA 90802-4302 01-10-2023 RESOLUTION NO. ZA2025-077 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT AND MODIFICATION PERMIT TO ALLOW AN ADDITION TO AN EXISTING SINGLE UNIT DWELLING AND CONSTRUCTION OF A NEW ACCESSORY DWELLING UNIT LOCATED AT 1530 GALAXY DRIVE (PA2025- 0048) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Maisons the Art of Design, concerning property located at 1530 Galaxy Drive, requesting approval of a coastal development permit and modification permit. 2. The lot at 1530 Galaxy Drive is legally described as Lot 63 of Tract 4224. 3. The applicant requests a coastal development permit (CDP) to authorize the construction of a 1,243-square-foot addition to an existing 3,326-square-foot one-story single-unit dwelling and attached 748-square-foot three-car garage. The addition includes a 683- square-foot detached accessory dwelling unit (ADU), along with landscaping, hardscape, and drainage facilities. A modification permit is also requested to allow the reconstruction of the existing driveway leading to the three-car garage. The existing and proposed driveway is 29 feet, 6 inches wide, which exceeds the maximum permitted width of 25 feet for a three-car garage under Subsection 20.40.090(A)(3)(c) (Driveway Width) of the Newport Beach Municipal Code. Aside from the driveway width, the project complies with all applicable development standards, and no other deviations are requested. All improvements authorized by this CDP will be located on private property. 4. The subject property is designated Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1- 6000) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached - (0.0 – 5.9 DU/AC) (RSD-A) and it is located within the Single-Unit Residential (R-1-6000) Coastal Zone District. 6. A public hearing was held on December 11, 2025, 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. Zoning Administrator Resolution No. ZA2025-077 Page 2 of 14 01-10-2023 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, 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. 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 project consists of a remodel and addition of 1,243 square feet to an existing 3,326 -square-foot one-story single unit dwelling and attached 748-square-foot three-car garage. The addition includes a 643 - square-foot detached ADU. Therefore, the project is consistent with this exemption. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. By Section 21.52.015(F) (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. Site coverage is limited to 60% (7,752 square feet) of the 12,920-square-foot lot area. The proposed site coverage area is approximately 56.4% (7,288 square feet). b. The proposed development provides the minimum required setbacks, which are 20 feet along the front property line adjacent to the bluff, 6 feet along each side property line (one portion of the existing dwelling provides 5 feet 10 inches), and 6 feet along the rear property line of Galaxy Drive. In addition, the detached ADU complies with the required setbacks, which are 4 feet along the side property line and 4 feet along the rear property line of Galaxy Drive. Zoning Administrator Resolution No. ZA2025-077 Page 3 of 14 01-10-2023 c. The highest roof ridge is approximately 14 feet 7 inches from established grade (89.23 feet based on the North American Vertical Datum of 1988 [NAVD88]), significantly less that the 24-foot maximum height limit. d. The project includes garage parking for a total of three vehicles, complying with the minimum two-car garage parking requirement for single-family residences with less than 4,000 square feet of habitable floor area. In addition, the project includes a third car garage space to comply with the minimum requirement of one parking space for a detached ADU. e. The property is located within the Bluff Overlay District of the Local Coastal Program Implementation Plan, which establishes special development standards for identified bluff areas of the City. Pursuant to the Bluff Overlay Map B-9D (Upper Newport Bay Bluffs), the property is located on a bluff subject to marine erosion. Consistent with the Bluff Overlay standards, the existing principal dwelling and major accessory structures are located within Development Area A and setback, at a minimum, 25 feet from the bluff edge. The proposed ADU and additional floor area are located within Area A. Minor accessory structures are proposed within Development Area B and setback, at a minimum, 10 feet back from the bluff edge. No new accessory structures are proposed within Development Area C. f. There are existing encroachments (wrought iron fence, brick pavers, and concrete) that extend into the State of California property to the east of the subject property. As conditioned, the project would be required to remove all existing encroachments. 2. The neighborhood is predominantly developed with one-story and two-story, single- family residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards. 3. The finished floor elevation of the first floor of the existing structure is 90.18 feet based on the North American Vertical Datum of 1988 (NAVD88), which complies with the minimum 9.0-foot (NAVD88) elevation standard for new structures. The identified distances from the coastal hazard areas coupled with the 9.00-foot NAVD88 finish floor elevation will help to ensure the project is reasonably safe for the economic life of the structure. 4. 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 5. 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). This requirement is included as a condition of approval that will need to be satisfied before the issuance of building permits, respectively. Zoning Administrator Resolution No. ZA2025-077 Page 4 of 14 01-10-2023 6. 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. 7. Under NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75% of impervious surface area, a preliminary Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQMP has been prepared for the project by Advanced Civil Group dated August 12, 2025. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, the use of a 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. 8. 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. 9. Proposed landscaping complies with NBMC Section 21.30.075 (Landscaping). Condition of Approval Nos. 20 and 21 are included that require drought-tolerant species. Prior to the issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted and only temporary irrigation is installed within 10 feet of the bluff edge (Bluff Development Area C). 10. The project site is located approximately 1,100 feet north of Galaxy View Park, a designated public viewpoint as identified in the Coastal Land Use Plan. The viewpoint primarily offers public views to the east and southeast of Upper Newport Bay and is not visible from the property. The project site is also located approximately 770 feet south of the Mariners Drive cul-de-sac viewpoint as identified in the Coastal Land Use Plan. The viewpoint primarily offers public views to the north and northeast of Upper Newport Bay and is not visible from the property. The project site is also located approximately 1,900 feet east of the Upper Newport Bay State Marine Conservation Area, a public viewpoint as identified in the Coastal Land Use Plan. The viewpoint primarily offers public views to the east and north of Upper Newport Bay. The project site is within distant view sheds of the Big Canyon Park, Newporter North , and Back Bay Drive. The project will add floor area to an existing single-unit dwelling and a detached ADU. Furthermore, the project addition is a single-story with a maximum height of approximately 15 feet above the existing grade and the detached ADU has a maximum height of 14 feet 7 inches from existing grade. Additionally, the overall structure height is approximately 9 feet 5 inches lower than the allowable height for flat roofs in the R-1-6000 coastal zoning district. Therefore, the residence will be no more visible from Upper Newport Bay than the surrounding neighborhood and will not degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. Zoning Administrator Resolution No. ZA2025-077 Page 5 of 14 01-10-2023 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 (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 includes the construction of additional floor area and a detached accessory dwelling unit to an existing single-family residence located on a standard R-1- 6000 lot. The ADU consists of one bedroom, is an allowed use within the R-1-6000 Zoning District, is not expected to create a substantial demand on public access. Therefore, the project does 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. 2. Vertical and lateral access to/along the bay and beach is available at North Star Beach approximately 1,700 feet south of the project site. The project does not include any features that would obstruct access along these routes. Modification Permit In accordance with Section 20.52.050(E) (Modification Permits – Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: C. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1. The existing development is a 3,326-square-foot, single-unit dwelling with an attached three-car garage. The neighborhood is comprised of one-story and two-story single-unit dwellings with driveways along the street. The modification permit will allow the reconstruction of the existing driveway leading to the three-car garage. 2. The addition would provide more living area for the residents by increasing the size of the dwelling unit by 560 square feet and constructing an ADU. The addition and ADU are one story and consistent with the design and height of other properties in the neighborhood. The proposed modification for the driveway would not impact the bulk or scale of the existing dwelling and proposed addition and ADU. Other properties within Zoning Administrator Resolution No. ZA2025-077 Page 6 of 14 01-10-2023 the vicinity of the project have existing nonconforming driveway widths, similar to the Property. Finding: D. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and/or characteristics of the use. Facts in Support of Finding: 1. The existing structure was built in the early 1960s and complied with development standards, including parking requirements and driveway widths, at the time of construction. Subsequent amendments to the standards have rendered the driveway width of the existing three-car garage nonconforming. 2. The project includes the reconstruction of the existing driveway leading to the three-car garage. The existing three-car garage includes two garage doors (a two-car door and a single car door), which would be shifted slightly to the south as part of the project to improve the design of the exterior of the building (by centering the doors with the exterior walls). Accordingly, the driveway would be shifted over slightly (1 foot 6 inches) to the south to provide for the redesign of the garage doors. The width of the driveway would remain the same at 29 feet, 6 inches wide, which exceeds the maximum permitted width of 25 feet for a three-car garage. Reducing the driveway width that leads to the existing three-car garage would result in a driveway width that does not provide sufficient access to the existing garage. Strict application of the code would result in a 4 -foot 6-inch reduction in the driveway width making it so that vehicles using the two outermost garage spaces (the side garage spaces) would need to d rive over the sloped curb and landscaping to access the garage door openings, reducing maneuverability and access to the garage. 3. Fact in support of Finding E is hereby incorporated by reference. Finding: E. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Fact in Support of Finding: The granting of the modification is necessary given that the existing and proposed driveway is 29 feet, 6 inches wide, which exceeds the maximum permitted width of 25 feet for a three -car garage under Subsection 20.40.090(A)(3)(c) of the Newport Beach Municipal Code. Bringing the driveway into compliance with current Zoning Code requirements would provide a negligible benefit, but would unreasonably affect the accessibility of the required garage. Given the project is proposing to construct a detached ADU, an additional off-street parking space is required in addition to the two-car garage required for the existing single unit dwelling. The ADU parking space is being provided within the existing three -car garage as the existing Zoning Administrator Resolution No. ZA2025-077 Page 7 of 14 01-10-2023 driveway depth of approximately 7 feet is not adequate to park a vehicle. Therefore, the third parking space in the garage needs to be available for ADU parking, and the Applicant cannot reduce the number of spaces in the garage to provide a narrower drive way width. Finding: F. There are no alternatives to the modification permit that could provide similar benefits to the applicants with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Facts in Support of Finding: 1. Bringing the driveway into compliance with current Zoning Code requirements would provide a negligible benefit, but would unreasonably affect the accessibility of the required garage. Given the project is proposing to construct a detached ADU, an additional off-street parking space is required in addition to the two-car garage required for the existing single unit dwelling. The ADU parking space is being provided within the existing three-car garage as the existing driveway depth of approximately 7 feet is not adequate to park a vehicle. Therefore, the third parking space in the garage needs to be available for ADU parking, and the Applicant cannot reduce the number of spaces in the garage to provide a narrower driveway width. 2. The intent of the project is to provide for a new office, powder room, expanded family room, and detached ADU. A redesign to reduce the size of the driveway would significantly impact reasonable access to the garage. The garage is currently constructed with a clear width of 33 feet, where 28 feet 3 inches is required. An alternative would be to reduce the garage width and the associated driveway width to align with the NBMC minimum width for three-car garages. However, reducing the width of the garage would require complete reconstruction of exterior walls of the garage, where the project does not include the removal or replacement of garage walls (other than the doors). This alternative would increase the scope of the work and cost of the project. Reducing the size of the garage would also result in limited space for storage or minor mechanical equipment typically found in a garage, such as water heaters, reducing the functionality and practical use of the garage. Reducing the size of the garage doors would also create challenges for accessing the garage, especially with a short (7-foot deep) driveway. The alternatives analyzed would not provide similar benefits to the applicant nor reduce any potential impacts. 3. Reducing the size of the driveway to comply with the NBMC would not result in the creation of additional on-street spaces that could provide a benefit to the public. 4. Fact in support of Finding E is hereby incorporated by reference. Finding: G. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the Zoning Administrator Resolution No. ZA2025-077 Page 8 of 14 01-10-2023 City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: 1. The proposed remodel and construction will comply with all applicable development standards, including height, setbacks, lot coverage and will provide adequate protection for light, air, and privacy (with the exception of driveway width). Maintaining the existing driveway width of 29 feet 6 inches would not affect nearby properties or residents and would not change the density on the site. The addition of floor area to the primary dwelling and the development of an ADU will not preclude access to the dwelling and will be consistent in scale with other dwellings in the neighborhood. 2. The approval of this modification permit is conditioned such that the Applicants are required to obtain all necessary permits in accordance with the Building Code and other applicable Codes. 3. The Public Works Department City Engineer and City Traffic Engineer have reviewed the proposed design and determined that the requested 29 -foot 6-inch-wide approach bottom is a minor dimensional variance pursuant to City Council Policy L -2 and are supportive of the modification request. 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 (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. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project locat ion 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 sceni c highway, and is not a hazardous waste site, and is not identified as a historical resource. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit and Modification Permit PA2025-0048, 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 20 (Planning and Zoning) and 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) Zoning Administrator Resolution No. ZA2025-077 Page 9 of 14 01-10-2023 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF DECEMBER, 2025. Zoning Administrator Resolution No. ZA2025-077 Page 10 of 14 01-10-2023 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Prior 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 to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreemen t shall be binding against the property owners and successors and assigns. 3. Prior 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. 4. 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. 5. 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. 6. This Coastal Development Permit does not authorize any new development bayward of the private property. 7. Prior to the building permit final, the Applicant shall remove all existing, unpermitted encroachments outside the confines of the private property along the bluff edge, including, but not limited to, wrought iron fence, brick pavers, and concrete. Prior to the removal of these encroachments, all required permits and/or authorizations shall be obtained by all appropriate jurisdictions (e.g., Department of Fish and Wildlife, State of California, and/or other relevant agencies). Replanting with native vegetation along the Zoning Administrator Resolution No. ZA2025-077 Page 11 of 14 01-10-2023 bluff edges shall be required unless alternative restoration is directed by an appropriate agency). 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 14. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. Zoning Administrator Resolution No. ZA2025-077 Page 12 of 14 01-10-2023 15. 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 by the revocation of this Coastal Development Permit. 16. 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 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. 17. 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. 18. 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. 19. Before 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. 20. Before the issuance of a building permit, 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. 21. Before 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. 22. 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 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. 23. 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, and 8:00 a.m. through 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 24. 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. Zoning Administrator Resolution No. ZA2025-077 Page 13 of 14 01-10-2023 25. 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. 26. This Coastal Development Permit and Modification Permit PA2025-0048 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) and Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 27. 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 Brighton Road Investments LLC Residence including but not limited to, Coastal Development Permit and Modification Permit (PA2025- 0048). 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 such proceeding. The applicant shall indemnify the City for all 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. Fire Prevention Division 28. The Project shall provide a residential fire sprinkler system in compliance with 2022 NFPA 13D. Building Division 29. Exterior walls of dwellings, guesthouses, garages, carports and/or accessory structures closer than 5 ft. (3 ft. if sprinklered) to the property line and the imaginary property line between buildings shall be 1-hour fire-resistance-rated construction. 30. Where the exterior walls of non-sprinklered group R-3/U occupancies are located between 3 feet and 5 feet from the property line and the imaginary property line between buildings, the total area of protected and unprotected openings (including vents) is limited to 25% of the wall area on each floor (not including garage wall). Provide area calculations on exterior elevations (Table R302.1(1) and (2)). Public Works Department 31. The Project shall remove the existing hardscape within the Galaxy Drive right-of-way and install sod or other drought tolerant landscaping. Zoning Administrator Resolution No. ZA2025-077 Page 14 of 14 01-10-2023 32. The Project shall install a minimum 36-inch box street tree within the Galaxy Drive right-of- way. Tree species shall be consistent with City Council Policy G-6. 33. The new driveway shall be constructed per City Standard 162 with the exception of a 29.5- foot-wide driveway approach bottom. The City Engineer and City Traffic Engineer has reviewed the proposed design and determined that the requested 29.5-foot-wide approach bottom is a minor dimensional variance pursuant to City Council Policy L-2. 5. 34. A new sewer cleanout shall be installed on the existing sewer lateral per City Standard 406. The new sewer clean out shall be located within the public right of way in the sidewalk area. 35. Relocate the existing gas meter to private property. 36. Reconstruct all damaged or broken concrete sidewalk, curb, and gutter along Galaxy Drive project frontage per City Standards.