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HomeMy WebLinkAboutZA2026-010 - APPROVING A TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR THE SUBDIVISION OF AN EXISTING PARCEL LOCATED AT 2200 PACIFIC DRIVE (PA2025-0240)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 Brent Engstrom 704 Orchid Avenue Newport Beach, CA 92625 BRENT@ENGSTROMGROUP.COM Subject: Coastal Development Permit Tentative Parcel Map (PA2025-0240) 2200 Pacific Drive Newport Beach, CA 92625 Engstrom Residential Subdivision Dear Mr. Engstrom, 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, DL/cy cc: Sharon Engstrom Sengstrom29@gmail.c om (714) 329 4231 RESOLUTION NO. ZA2026-010 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT FOR THE SUBDIVISION OF AN EXISTING PARCEL LOCATED AT 2200 PACIFIC DRIVE (PA2025-0240) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brent Engstrom (Applicant) on behalf of Sharon Engstrom (Owner) with respect to property located at 2200 Pacific Drive and legally described as Lots 5, 6, 7, and 8 of Block 328 of the Corona Del Mar Tract (Property), requesting approval of a tentative parcel map (TPM) and a coastal development permit (CDP). 2. The Property is a 125-foot-wide lot developed with an existing single-unit residence. The Property consists of 4 underlying parcels, per the original subdivision map. The Property has an existing covenant agreement with the City of Newport Beach (City), dated March 16, 1983, to hold Lots 5, 6, 7, and 8 as a single parcel, unless released by the authority of the Planning Director of the City of Newport Beach. 3. The Applicant requests a TPM and CDP for the subdivision of an existing parcel into three separate parcels for future development of three single-unit residences. The existing parcel is 125 feet wide and is currently developed with an existing single-unit residence, whereas the proposed subdivision would create three parcels (one 54-foot-wide parcel and two 35- foot-wide parcels). The proposed subdivision includes a deviation from design standards of Title 19 (Subdivisions) for minimum lot area and dimensions for new lots (Project). 4. The Property is designated Single Unit Residential (RS-D) by the General Plan Land Use Plan and is located within the Single-Unit Residential (R-1) Zoning District. 5. The Property is located within the coastal zone. The Coastal Land Use Plan (CLUP) category is Single Unit Residential Detached (RSD B – 6.0 – 9.9 DU/AC) and it is located within the Single-Unit Residential (R-1) Coastal Zoning District. 6. The Property is located within the Categorical Exclusion Area. The tentative parcel map for the creation of additional parcels requires a coastal development permit due to its location in the coastal zone. 7. 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 in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2026-010 Page 2 of 14 01-10-2023 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is 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. 2. 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 Code, 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 subdivision of an existing parcel into three separate parcels with substandard lot area and width . However, since the Project complies with the provisions of Title 19 (Subdivisions) and provides findings addressed within this resolution, it is considered compliant with the Zoning Code. No variances or exceptions are proposed as part of the Project. Therefore, the Project is eligible for the Class 15 exemption. SECTION 3. REQUIRED FINDINGS. Tentative Parcel Map The Zoning Administrator determined the Tentative Parcel Map is consistent with the legislative intent of the NBMC Title 19 (Subdivisions) and is approved based on the following findings per NBMC Section 19.12.070 (Required Findings for Action on Tentative Maps): Finding: A. 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 the subdivision of an existing parcel into three separate parcels, for the potential development of three single-unit residences. The RS-D General Plan and R-1 zoning designations apply to single-unit residences. The Property is currently developed with a single-unit residence, with the intention of being demolished for future development. The proposed subdivision and improvements will continue to be consistent with the density of the RS-D and R-1 designations. 2. Footnote 2 of Table 2-2 of Newport Beach Municipal Code (NBMC) Section 20.18.030 requires any new subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan. The original Corona del Mar subdivision map from September 7, 1904, shows that Block 328 was originally developed with 8 parcels, which Zoning Administrator Resolution No. ZA2026-010 Page 3 of 14 01-10-2023 allowed 8 dwelling units on the block. The Project would increase the number of dwelling units from 5 to 7, which does not exceed what the original underlying lots would allow. Therefore, the Project does not require an amendment to the General Plan. 3. The Property is not located within a specific plan area. Finding: B. The site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The Property is physically suitable for the subdivided parcels along with the future redevelopment of three single-unit residences. It is compatible in shape and size with the surrounding lots in the neighborhood and the Project’s lot length and dimensions will be similar to other residences on the Pacific Drive block. Residences between the 2216 to 2328 Pacific Drive block share a lot length between 100 and 220 feet and lot widths between 30 and 35 feet. 2. The demolition and construction of future single-unit residences will be reviewed in compliance with all requirements of the NBMC Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan). 3. The Property is accessible from Pacific Drive and the rear alleyway. Existing and proposed vehicular access will be taken from the alley. 4. The Property is adequately served by all existing utilities to accommodate the proposed parcels. The Project has been conditioned by the Public Works Department to underground any existing overhead utilities. Furthermore, the Building Division has conditioned the utilities for this Project to not cross the proposed property lines, nor shall cross-lot drainage be allowed between each proposed parcel as shown on Condition of Approval No. 25. Finding: C. 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. Zoning Administrator Resolution No. ZA2026-010 Page 4 of 14 01-10-2023 Facts in Support of Finding: 1. The Property is located within an existing residential neighborhood that does not contain any sensitive vegetation or habit on-site. 2. This Project is exempt from the CEQA pursuant to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines. Section 2 of this Resolution is hereby incorporated by reference. Finding: D. 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 Project has been conditioned to require public improvements, including the reconstruction of sidewalks, curbs, and gutters along Pacific Drive and Avocado Avenue frontage, as needed. The utilities will be undergrounded, consistent with Title 19 (Subdivisions) of the NBMC. 2. The TPM is for residential 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 developer per NBMC Section 19.28.010 (General Improvement Requirements) and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Finding: E. That 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 esta blished 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 Project 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 the Property within the proposed development because no public easements are located on the Property. Zoning Administrator Resolution No. ZA2026-010 Page 5 of 14 01-10-2023 Finding: F. That, 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 subdivisi on 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 subject property is not designated as an agricultural preserve and is less than 100 acres in area. 2. The Property was previously developed for residential use and is in a zoning district that permits residential uses. Finding: G. That, 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. 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. 2. The Project is not located within a specific plan area. Finding: H. That, 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. Any future improvements are subject to Title 24 of the California Building Code, which requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The City’s Building Division enforces Title 24 compliance through the plan check and inspection process. Zoning Administrator Resolution No. ZA2026-010 Page 6 of 14 01-10-2023 Finding: I. That 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 would allow for the development of three single-unit residences on each parcel, replacing the existing single-unit dwelling, consistent with the provisions of the R-1 Zoning District. Therefore, the TPM for residential purposes will not negatively affect the City in meeting its regional housing need. The Project further allows the City to support and balance its housing needs by increasing residential density in the area . Finding: J. 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. The proposed subdivision is designed to discharge waste into the existing sewer system and complies with the Regional Water Quality Control Board (RWQCB) requirements. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter 3 of the Coastal Act. Fact in Support of Finding: 1. The Property is located within the coastal zone and a CDP is therefore requested 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 Coastal Act. The Facts in Support of Findings Q and R for the CDP (below) are hereby incorporated by reference. Deviation from Design Standards Pursuant to Section 19.24.050(A) (Lot Design, Lot Size), of the NBMC, new subdivisions must meet the applicable zoning district regulations of Title 20 (Planning and Zoning) of the NBMC. Deviation from the design standards set forth in Title 19 (Subdivisions) may be approved Zoning Administrator Resolution No. ZA2026-010 Page 7 of 14 01-10-2023 subject to specific findings in Section 19.24.130(C) (Deviation from Design Standards, Required Finding to Allow Deviation) of the NBMC. The proposed subdivision would result in parcels which do not meet the lot width and/or area standards required by Title 20 (Planning and Zoning) for new subdivisions within the R-1 Zoning District, which requires new subdivision corner lots to be a minimum 60 feet wide and 6,000 square feet in area, and interior lots to be a minimum 50 feet wide and 5,000 square feet in area. Parcel 1, as identified by the proposed TPM, is a corner lot and is approximately 54 feet wide and 6,502 square feet in area. Parcel 2 and Parcel 3, which are interior lots, will share the same approximate lot width of 35 feet, although they differ in lot area. Parcel 2 has a lot area of 4,526 square feet and Parcel 3 has a lot area of 4,728 square feet. The required findings to deviate from the standards and facts in su pport of those findings are as follows: Finding: L. The requested deviations will create a land plan or development design equal or superior to that under the baseline design standards in this Chapter. Facts in Support of Finding: 1. The proposed parcels are comparable in width, length, and area with the majority of the original subdivision block where parcels had widths between 30 and 35 feet and lot depths between 116 and 156 feet. However, the Property became a single, 125-foot- wide parcel held together by a covenant agreement which was recorded on April 25, 1983. The other parcels of the southern portion of Block 328 have remained consistent to the original subdivision. The dimensions of the proposed subdivision are more consistent with the original subdivision than the existing Property. 2. The proposed subdivision would create lot sizes not less than the original underlying lots on the same block face (2216 through 2328 Pacific Drive) in the same zoning district. The proposed subdivision would divide the existing 125-foot-wide, 15,756-square-foot R-1 parcel into one 54-foot-wide, 6,502-square-foot parcel, and two 35-foot-wide parcels both under 5,000 square feet, which exceed the sizes of the original underlying lots and are compatible with the pattern of the surrounding subdivision and neighboring parcels. 3. The existing lot orientation with vehicular access from the alley will be maintained. Finding: M. The deviations will not negatively impact the carrying capacity of the local vehicular circulation network. Facts in Support of Finding: 1. Although the proposed subdivision would create two additional parcels in comparison to the current configuration, the number of parcels decreases by one compared to that of the original subdivision. Therefore, the requested deviations will not negatively impact Zoning Administrator Resolution No. ZA2026-010 Page 8 of 14 01-10-2023 the carrying capacity of the local vehicular circulation network, since the Property was originally intended for 4 parcels. 2. No improvements or changes are proposed that would cause additional capacity to the roadways. Finding: N. The deviations will not negatively impact pedestrian circulation. Facts in Support of Finding: 1. The proposed subdivision will not reduce, encroach or change the size or location of the Pacific Drive or Avocado Avenue sidewalk. The Public Works Department has conditioned the Applicant to install one new 36” box tree along the Avocado Avenue frontage and a new 36” street tree along the Parcel 3 frontage of Pacific Drive as shown on Condition of Approval No. 16. 2. The proposed subdivision will not eliminate or impede pedestrian circulation provided that the necessary improvements are in accordance with applicable Public Works design standards and permitting. Finding: O. The resulting subdivision will be compatible with the pattern of surrounding subdivisions. Facts in Support of Finding: 1. Fact 1 in support of Finding L is hereby incorporated as reference. 2. The Property is 125 feet wide and 15,756 square feet in area, which is the largest lot within the same block face. The proposed subdivision would result in one 54-foot-wide, 6,502 square foot lot, and two other 35-foot-wide lots, under five-thousand square feet which is more compatible with the surrounding lots than the existing configuration. Finding: P. The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to public health or safety. Fact in Support of Finding: 1. The proposed subdivision to re-subdivide the existing parcel in a manner more consistent to the underlying legal lots would allow one unit to be constructed on each parcel in accordance with the General Plan. The Project does not introduce an incompatible land use, and the resulting subdivision design would not be detrimental to Zoning Administrator Resolution No. ZA2026-010 Page 9 of 14 01-10-2023 the residents as vehicular and pedestrian access would be maintained. Any development must be in accordance with the conditions of approval and the Municipal Code. The resulting lot widths are consistent with the lot widths of the original subdivision or the existing development pattern of the neighborhood. 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: Q. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Project is for a tentative parcel map for the subdivision of an existing parcel for residential purposes. There is an existing single unit residence developed on the Property. All future residential development must conform to all applicable development standards, including floor area limit, setbacks, height, and off -street parking. Additionally, since the Project is in the Categorical Exclusion Area of the coastal zone, all future residential development is required to comply with the Categorical Exclusion Order process through the City and the California Coastal Commission. The Property is located within the Coastal Commission Appeal Area. 2. The proposed subdivision complies with Coastal Land Use Plan Policy 2.8.1-3, which states that land divisions shall avoid hazardous areas and minimize risks to life and property from coastal and other hazards. The Project also complies with Implementation Plan Section 21.30.025, which states that subdivisions within the Coastal Zone shall be designed to avoid current hazardous areas, as well as areas that may become hazardous due to future changes. Additionally, there shall be no division of land near the shoreline unless the new or reconfigured parcels can be developed safe from geologic and other hazards for a minimum of 75 years, and unless shoreline protective devices are prohibited to protect development on the resultant parcels. 3. The Property is not located adjacent to a coastal view road, or public viewpoint as identified in the Coastal Land Use Plan (CLUP). The nearest coastal viewpoint is Begonia Park, approximately 480 feet southeast. The Property is not located within the view shed of the park. 4. The Project does not have the potential to degrade the visual quality of the Coastal Zone or to result insignificant adverse impacts to public view. Zoning Administrator Resolution No. ZA2026-010 Page 10 of 14 01-10-2023 Finding: R. Conforms to 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 Property 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 is a subdivision that subdivides a single parcel into 3 parcels. Although the Project increases the existing single-unit residence into a potential of three dwelling units (one per each parcel), it is considered a decrease in density based on the original subdivision, which has the potential of 4 units. 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, when compared to the original subdivision design. Furthermore, the future residential development is to be designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities per Title 21 standards. 2. Vertical access to the beach is available adjacent to the site along Carnation Avenue, approximately 660 feet east of the Property. Lateral access is available to the water, approximately 560 feet southeast, at the intersection of Bayside Drive and Bayside Place. The Project does not include any features that would obstruct access along these routes. 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 Sections 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Tentative Parcel Map and Coastal Development Permit filed as PA2025-0240, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. The 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 in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code (NBMC). 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. ZA2026-010 Page 11 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. 4. The action on the Tentative Parcel Map shall become effective 10 days following the date this Resolution was adopted unless within such time an appeal is filed in accordance with the provisions of Title 19 (Subdivisions) of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF FEBRUARY, 2026. Zoning Administrator Resolution No. ZA2026-010 Page 12 of 14 01-10-2023 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 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 the revocation of this tentative parcel map. 3. 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 of the Newport Beach Municipal Code. 4. Prior to demolition of the existing residence, complete plan check submittals proposing a minimum of one principal dwelling unit for each of the three subdivided parcels shall be received by the Community Development Department. 5. Prior to demolition of the existing residence, Covenant Agreement No. 83-173502 shall be released, subject to the approval of the Community Development Director. 6. Prior to the recordation of the Tentative Parcel Map, the existing single-unit residence and all existing structures part of the existing development across the proposed lot lines shall be demolished. 7. Prior to the recordation of the Tentative Parcel Map, an In-Lieu Park Dedication Fee for two additional residential units shall be paid in accordance with the fee effective at the time of payment. 8. Prior to the issuance of the building permit for construction, a Fair Share Fee for two additional residential units shall be paid in accordance with the fee effective at the time of payment. 9. Prior to the issuance of building permits for any new residential units, the Tentative Parcel Map shall be recorded at the County. 10. Prior to the approval of the final map, a “Purpose Statement” shall be added to the map to clarify that the map is for the subdivision of an existing parcel into three separate parcels. 11. 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 Zoning Administrator Resolution No. ZA2026-010 Page 13 of 14 01-10-2023 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 Engstrom Residence Coastal Development Permit, but not limited to, Tentative Parcel Map and Coastal Development Permit (PA2025-0240). 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 of the City's costs, attorney’s fees, and damages that which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Public Works Department 12. Prior to the building permit final inspection, a Parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). 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. 13. 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 Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 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 the construction project. 14. All improvements shall be constructed as required by Ordinance and the Public Works Department. 15. The Applicant shall dedicate in-fee to the City of Newport Beach a 10-foot radius corner cut-off at the Pacific Drive and Avocado Avenue intersection. 16. The Applicant shall install one new 36” box tree along the Avocado Avenue frontage and a new 36” street tree along the Parcel 3 frontage of Pacific Drive. 17. An encroachment permit shall be required for all work activities within the public right- of-way. 18. Existing broken and/or otherwise damaged concrete curb, gutter and sidewalk panels along the Avocado Avenue and Pacific Drive frontages, and any damaged concrete panels along the alley frontage shall be reconstructed. Zoning Administrator Resolution No. ZA2026-010 Page 14 of 14 01-10-2023 19. All existing overhead utilities shall be undergrounded. 20. The existing stone paving, fence, and pilaster within the parkway along the Pacific Drive property frontage shall be removed. 21. An ADA compliant curb ramp at the Pacific Drive and Avocado Avenue intersection along the Project frontage shall be installed per City Standard. 22. Each unit shall be served by its individual water service/meter and sewer lateral/cleanout. 23. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 24. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of-way shall be required at the discretion of the Public Works Inspector. Building Division 25. The Applicant shall not install cross lot drainage between each proposed parcel. 26. The Applicant shall ensure that the proposed utilities for each parcel shall not cross each proposed property line. Each parcel shall have its own utilities within its own property.