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HomeMy WebLinkAboutZA2026-009 -APPROVING COASTAL DEVELOPMENT PERMIT AND COASTAL VARIANCE TO DEMOLISH AN EXISTING SINGLE-UNIT RESIDENCE AND CONSTRUCT A NEW TWO-STORY SINGLE-UNIT RESIDENCE AND ATTACHED THREE-CAR GARAGE LOCATED AT 1529 DOLPHIN TERRACE (PA2025-0143)Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL February 26, 2026 Geoff Sumich GEOFF@GEOFFSUMICHDESIGN.COM Subject: Coastal Development Permit Coastal Variance (PA2025-0143) 1529 Dolphin Terrace Hogan Residence Dear Mr. Sumich, 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 February 26, 2026 and is now within the required City appeal period until March 12, 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, 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, LAW/msw 01-10-2023 RESOLUTION NO. ZA2026-009 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT AND COASTAL VARIANCE TO DEMOLISH AN EXISTING SINGLE-UNIT RESIDENCE AND CONSTRUCT A NEW TWO-STORY SINGLE-UNIT RESIDENCE AND ATTACHED THREE-CAR GARAGE WITH AN ENCROACHMENT INTO BLUFF (B) OVERLAY DEVELOPMENT AREA B LOCATED AT 1529 DOLPHIN TERRACE (PA2025-0143) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Geoff Sumich, concerning property located at 1529 Dolphin Terrace, and legally described as Lot 17 in Tract 2334, requesting approval of a coastal development permit. 2. The applicant proposes a coastal development permit to allow the demolition of the existing single-unit residence and the construction of a new, 9,337-square-foot, 14-foot-tall single- unit residence including a 644-square-foot, 3-car garage and a 2,901-square-foot basement. The development includes a coastal variance to The property is located within the Bluff (B) Overlay District of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC). The development includes a coastal variance to the Bluff (B) Overlay standards of Title 21 (Local Coastal Program Implementation Plan) to allow the principal structure to extend beyond Development Area A into Development Area B. The property is within the Categorical Exclusion Area (CEO) but does not qualify under the exclusion with the proposed coastal variance. The proposed development includes additional appurtenances such as a pool, walls, fences, patios, hardscape, drainage devices, and landscaping. With the exception of the variance to the Bluff (B) Overlay of Title 21, the project complies with all development standards. 3. 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) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (RSD-A) (0.0 – 5.9 DU/AC) and it is located within the Single-Unit Residential (R-1) Coastal Zone District and Bluff (B) Overlay District. 5. A public hearing was held on February 26, 2026, 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. ZA2026-009 Page 2 of 13 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 and the construction of one single-unit residence. The proposed project consists of the demolition of one single-unit residence and the construction of a new two-story, 9,337-square-foot, 14-foot-tall single-unit residence including a 644-square-foot, 3-car garage and a 2,901-square-foot basement. 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 (Coastal Development Permits, Findings, and Decision) of the Newport Beach Municipal Code, the following findings, and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The maximum floor area limitation is 18,982 square feet and the proposed floor area is 9,337 square feet. b. The proposed development provides the minimum required setbacks, which are 5 feet along the front property line abutting Dolphin Terrace, 4 feet along each side property line, and 10 feet along the rear property line abutting Bayside Drive. The project includes a coastal variance to allow principal structure encroachments into the Bluff Overlay Development Area B. c. The proposed height is approximately 14 feet and is less than 24 feet from the established grade, which complies with the maximum height requirements. Zoning Administrator Resolution No. ZA2026-009 Page 3 of 13 01-10-2023 d. The project includes garage parking for a total of three vehicles, complying with the minimum three-car garage parking requirement for single-family residences with more than 4,000 square feet of habitable floor area. 2. The neighborhood is predominantly developed with two -story, single-unit residences. The proposed design, bulk, and scale of the development are consistent with the existing neighborhood pattern of development. 3. The development is located on an inland property in a developed area approximately 260 feet from the bay. The project site is separated from the bay (the nearest body of water) by Bayside Drive, a row of residences, and a yacht club. The proposed development including the slope stability and preliminary geotechnical report was reviewed and approved by the City’s Civil Engineer. A final geotechnical review will be performed during building plan check. 4. The finished floor elevation of the proposed single-unit residence is 76.50 feet (NAVD88), which complies with the minimum 9.00 feet (NAVD88) elevation standard. 5. 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. 6. 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. 7. 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. 8. The property is located within 300 feet of coastal waters. A Construction Erosion Control Plan was provided to implement temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived from construction chemicals and materials. The project design also addresses water quality through the inclusion of a post-construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event runoff on-site. Any water not retained on-site is directed to the City’s storm drain system. Zoning Administrator Resolution No. ZA2026-009 Page 4 of 13 01-10-2023 9. Under Municipal Code Section 21.35.050, due to the proximity of the development to the shoreline and the development containing more than 75% of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. A preliminary WQHP has been prepared for the project by Toal Engineering, Inc. dated, June 25, 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. 10. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition of approval is included that requires drought-tolerant species. Before the issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 11. The project site is not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is at Irvine Terrace Park over 1,000 feet away and is not visible from the site. The proposed single-unit residence complies with all applicable Local Coastal Program (LCP) development standards (with the exception of the variance) 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. 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 not located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project replaces an existing single-unit residence located on a standard R-1 lot with a new single-unit residence. 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. The project site is located adjacent Bayside Drive. There is a vertical and lateral access point next to Bahia Corinthian Yacht Club approximately 300 feet south of the rear of the property across Bayside Drive. The project does not include any features that would obstruct access along these routes. Zoning Administrator Resolution No. ZA2026-009 Page 5 of 13 01-10-2023 By Section 21.52.090 (Relief from Implementation Plan Development Standards) of the NBMC, the following findings, and facts in support of such findings are set forth: Finding: C. The Zoning Administrator has considered the following: i. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and ii. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. Facts in Support of Finding: 1. The proposed development is consistent with the certified Local Coastal Program to the extent feasible as it would not extend further than the adjacent principal or accessory structure development adjacent to the bluff, consistent with Coastal Land Use Plan Policy 4.4.3-5. The project design would also comply with Development Areas B and C of the Bluff (B) Overlay and all other relevant development standards of Title 21 . 2. Redevelopment of the property pursuant to strict application of Development Area A would reduce the footprint of the existing principal structure by approximately 10 feet. Strict application of Development Area A would substantially reduce the buildable area of the property including the functionality of usable floor area on the street level floor that includes the required three-car garage. Strict application of the code could cause the applicant to excavate further to provide another basement level to make up the floor area. This solution is not feasible from a financial or design perspective. 3. The project does not include any improvements within Development Area C, leaving approximately 83 feet of bluff and vegetation undisturbed. Restricting construction of the principal structure to Development Area A would not result in greater protection of coastal resources because the bluff is already disturbed in Development Area B. Additionally, Development Area B allows significant grading to provide a daylighting basement that is permitted in Development Area A. Furthermore, the majority of the properties along the Dolphin Terrace bluff have developed more of the bluff than the existing development on the subject property. 4. The neighborhood is developed with one -story dwelling units with entry levels at the street level and lower levels below the street, with maximum heights of approximately 14 feet. An alternative was considered to increase the height of the building to address the floor plan limitation from the Bluff (B) Overlay. However, this alternative was determined to be impractical as it would be inconsistent with the neighborhood pattern of development and would not comply with the homeowners’ association restriction on maximum height. Zoning Administrator Resolution No. ZA2026-009 Page 6 of 13 01-10-2023 Finding: D. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise appl icable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district. Facts in Support of Finding: 1. Facts 1-4 in Support of Finding C are hereby incorporated by reference. 2. The bluffs along Bayside Drive were at one time exposed to the Lower Newport Bay. However, these bluffs separated from the shoreline when abutting tidelands were filled and reclaimed in the 1920s and later developed into the communities of Promontory Bay, Beacon Bay and Bayside. Later development of Irvine Terrace and Promontory Point cut and filled these bluffs. Development in these areas is subject to limits established for bluffs not subject to marine erosion. Coastal Land Use Plan (CLUP) Policy 4.4.3-5 requires on bluffs not subject to marine erosion (e.g. Dolphin Terrace), that all primary structures and major accessory structures be setback from the buff edge in accordance with the predominant line of existing development. This policy of using predominant line of development “stringlines” to limit development was in practice prior to the adoption of Title 21 in 2017. 3. The proposed coastal variance to allow development of the principal structure within Area B would be consistent with Policy 4.4.3-5 and the existing pattern of development in Dolphin Terrace and on the subject property. The existing principal structure encroaches 9 feet 4 inches into Development Area B, therefore, strict application of Development Area A would substantially reduce the buildable footprint of the property as it exists today. 4. The proposed principal structure would encroach approximately 18 feet, 10 inches into Development Area B. Consistent with CLUP Policy 4.4.3-5, the principal structure would be developed in compliance with the predominant line of development. The existing development on both neighbors’ properties includes principal structures and accessory structures that are further into the bluff than the existing development on the subject property. In fact, the majority of developments on Dolphin Terrace are developed further into the bluff than the subject property. Therefore, using the predominant line of development to limit the buildable area on the property is a more accurate reflection of the existing bluff’s top of slope. 5. The variance would allow the property owner to redevelop their site consistent with the existing development on the property and surrounding property owners in the vicinity within same coastal zoning district. 6. The bluff within Development Area B has already been altered by the existing principal and accessory structures on the site. Zoning Administrator Resolution No. ZA2026-009 Page 7 of 13 01-10-2023 7. Further demonstrating that the existing bluff has been altered, at the bottom of the bluff slope there is an existing utility yard for Southern California Edison (SCE). The existing facility cuts 100 feet up into the bluff running parallel to the property line of the subject property. In contrast, the proposed project would retain approximately 83 feet of bluff and vegetation on the slope. Finding: E. The variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F). Facts in Support of Finding: 1. Facts in support of Findings A and B are hereby incorporated by reference. Finding: F. The variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Facts in Support of Finding: 1. The property’s rear property line is adjacent to the SCE utility yard and Bayside Drive. The rear property line is approximately 260 feet from the bay. The bluff is not subject to marine erosion and there is no access to the property or bluff currently. The project site is separated from the bay (the nearest body of water) by Bayside Drive, a row of residences, and a yacht club. The property does not currently provide public access along the bluff or public access along the sides of the property down to Bayside Drive. Therefore, the project, including the coastal variance would not impact access to/along the shoreline or coastal parks, trails or bluffs. Finding: G. The variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas. Facts in Support of Finding: 1. Facts in support of Findings A and B are hereby incorporated by reference 2. The proposed variance to allow the principal structure to encroach into Development Area B will not impact identified views or access. There is no development proposed within Development Area C, leaving approximately 83 feet of bluff including vegetation. The project will replace an existing single-unit residence with a new single-unit residence that complies with all applicable Local Coastal Program (LCP) development standards (other than the variance) and maintains a building envelope consistent with the existing neighborhood pattern of development. Zoning Administrator Resolution No. ZA2026-009 Page 8 of 13 01-10-2023 3. The existing exception for Dolphin Terrace allows basements in Development Area A to daylight into Development Area B, resulting in significant grading in Area B to accommodate the daylighting condition of the basement. Therefore, the proposed 14 - foot-high principal structure within a portion of Area B would not create a substantial visual impact beyond what is currently permitted in Dolphin Terrace. Finding: H. The variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation, or wildlife species. Facts in Support of Finding: 1. The property’s rear property line is adjacent Bayside Drive approximately 260 feet from the bay. The bluff is not subject to marine erosion. The project site is separated from the bay (the nearest body of water) by Bayside Drive, a row of residences, and a yacht club. 2. The project is conditioned so that construction shall comply with the Migratory Bird Treaty Act to protect any native birds. The property is not adjacent to any environmental study areas or environmentally sensitive habitat areas (ESHA), and no impacts to sensitive habitat or other environmental resources is anticipated. 3. As previously stated, the exception for Dolphin Terrace allows basements to daylight into Area B. Therefore, the variance to allow the principal structure to encroach in Area B results in no greater disturbance to the slope than already permitted by Title 21. Finding: I. The granting of the variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the certified Local Coastal Program. Facts in Support of Finding: 1. The encroachment into Development Area B will align with the predominant line of existing development for principal structures on both adjacent neighbors’ properties, consistent with the intent of the LCP. 2. The proposed single-unit residence would comply with all other Bluff (B) Overlay Development Area standards. This area of Irvine Terrace, along Dolphin Terrace is identified as a bluff that is not subject to marine erosion. The proposed residence with the principal structure matching the predominant line of existing development has been designed to encroach into Development Area B. Development Area B allows for decks, patios, cantilevered decks from Area A; and specifically for the Dolphin Terrace bluffs, an exception allows the basement of the principal structure in Area A to daylight into Area B, and on-grade trails and stairways are allowed in Development Area C. The exemption and allowances for this segment of Irvine Terrace along Dolphin Terrace to allow development into the bluff face demonstrates that the bluff is a less significant coastal resource Zoning Administrator Resolution No. ZA2026-009 Page 9 of 13 01-10-2023 compared to other bluffs in the City. The subject bluff is adjacent to Bayside Drive and not adjacent to the beach or bay, nor is it subject to marine erosion. 3. Although the principal structure would encroach into Development Area B, the remaining design of the project complies with Development Area B and Development Area C. Development Area C will remain as is with no development and maintaining approximately 83 feet of bluff and vegetation. 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 under Section 5303 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit filed as PA2025-0143 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. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF FEBRUARY, 2026. Zoning Administrator Resolution No. ZA2026-009 Page 10 of 13 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. Before 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 agreement shall be binding against the property owners and successors and assigns. 3. Before 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. 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. 5. 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. Zoning Administrator Resolution No. ZA2026-009 Page 11 of 13 01-10-2023 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 11. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 12. 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. 13. 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. 14. 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. 15. 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. Zoning Administrator Resolution No. ZA2026-009 Page 12 of 13 01-10-2023 16. 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. 17. 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. 18. Before issuance of building permits, the final WQMP shall be reviewed and approved by the Building Division. The implementation shall comply with the approved CPPP and WQMP and any changes could require separate review and approval by the Building Division. 19. 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. 20. 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 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays , or Holidays. 21. 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. 22. 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. 23. This Coastal Development Permit filed as PA2025-00143 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 24. 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 Hogan Residence including but not limited to, Coastal Development Permit filed as PA2025-0143. This indemnification shall include, but not be Zoning Administrator Resolution No. ZA2026-009 Page 13 of 13 01-10-2023 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. Building Division 25. The finish floor elevation shall comply with 2022 California Building Code, Section 1808.7.4 and NBMC 15.10.060. 26. Pursuant to Building Code Section R310, bedrooms shall comply with emergency escape and rescue opening with an operable window and access to light well. Public Works Department 27. No encroachments shall be permitted within the public right -of-way, including, but not limited to walls, stairs and planter caissons temporary shoring. 28. New curb, gutter, and sidewalk shall be installed along the entire Dolphin Terrace frontage. 29. The new driveway shall be designed and installed per City Standard 163. 30. A new sewer clean out shall be installed on the existing sewer lateral per City Standard 406. The new sewer clean out shall be located in the public right of way. Fire Department 31. A residential fire sprinkler system complying with 2022 NFPA13D shall be required. 32. At least one unobstructed walk path from the front to the rear of the property at a minimum of 36 inches wide shall be required for emergency access.