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HomeMy WebLinkAbout07 - Final Tract Map for Development Located at 20452 Santa Ana AvenuePORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN October 23, 2018 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov PHONE: 949-644-3349 TITLE: Final Tract Map No. 18039 for a 7 -Unit Residential Condominium Development Located at 20452 Santa Ana Avenue ABSTRACT: Dublin 4, LLC, a California Limited Liability Company (Property Owner), was approved to construct a 7 -unit residential condominium subdivision development at 20452 Santa Ana Avenue. The development's Final Tract Map No. 18039 for Condominium Purposes is now ready for City Council review and approval. RECOMMENDATION: a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -Fill Development) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Find that Final Tract Map No. 18039 is in substantial conformance with Tentative Tract Map No. NT2016-003 for the proposed development as approved by the Planning Commission on November 17, 2016 (Planning Commission Resolution No. 2036) and upheld by City Council on February 29, 2017 (City Council Resolution No. 2017-15); c) Review and approve the Subdivision Agreement for Final Tract No. 18039 pursuant to Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute the Subdivision Agreement; d) Review and approve the required construction securities for Final Tract No. 18039 pursuant to Section 19.36.030 of the Municipal Code; and e) Review and approve Final Tract Map No. 18039 for the subdivision of property located at 20452 Santa Ana Avenue pursuant to Section 19.60.010 of the Municipal Code. 7-1 Final Tract Map No. 18039 for a 7 -Unit Residential Condominium Development Located at 20452 Santa Ana Avenue October 23, 2018 Page 2 FUNDING REQUIREMENTS: There is no fiscal impact related to this item DISCUSSION: Dublin 4, LLC a California Limited Liability Company (Property Owner), was approved to construct a residential condominium development located at 20452 Santa Ana Avenue as depicted on Attachment A. The residential development consists of a 7 -unit condominium subdivision on approximately 0.264 acres of land along Santa Ana Avenue and northeast of the intersection of Mesa Drive and Santa Ana Avenue. Tentative Tract Map No. NT2016-003 for the proposed development was approved by the Planning Commission on November 17, 2016 (Attachment D — Planning Commission Resolution No. 2036). On December 1, 2016, a neighbor appealed the Planning Commission's decision to the City Council. The appeal of Major Site Development Review No. SD2016-002 was timely because it was within the 14 -day appeal period provided in Municipal Code Section 20.64.030(B); however, the appeal of Tentative Tract Map No. NT2016-003 was not timely because it was past the 10 -day appeal period provided in Municipal Code Sections 19.12.050 and 20.64.030(B)(1). On February 28, 2017, the City Council upheld the Planning Commission's approval of Major Site Development Review No SD2016-002 (Attachment E — City Council Resolution No. 2017- 15). The initial application for final tract map review was submitted to the Public Works Department on June 5, 2017 for approval and filing in order to construct the residential condominium development. Attachment C shows the applicant has provided the necessary construction surety bonds in the amount consistent with the Public Works Department approved cost estimate and in the form acceptable to the City, guaranteeing completion of the various required public and private improvements. The bonds have been reviewed and approved by the City Attorney's Office and Public Works Department. The applicant has also satisfied all applicable Tract Map conditions of approval for the residential condominium development. Per Section 19.60.010 of the Municipal Code, the City Council shall review Final Tract Maps. Final Tract Map No. 18039, included as Attachment B, does substantially conform to the applicable Tentative Tract Map and its conditions of approval. Per Sections 19.36.010 and 19.36.030 of the Municipal Code, the City Council shall review the Subdivision Agreement and required securities to ensure the completion of all required improvements. The Final Map also conforms to all requirements of the Subdivision Map Act and the City's Subdivision Regulations. 7-2 Final Tract Map No. 18039 for a 7 -Unit Residential Condominium Development Located at 20452 Santa Ana Avenue October 23, 2018 Page 3 ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -Fill Development) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has not potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Map Attachment B — Final Tract Map 18039 Attachment C — Subdivision Agreement and Surety Bonds Attachment D — Planning Commission Resolution No. 2036 Attachment E — City Council Resolution No. 2017-15 7-3 If d [_ s '''W�p y J D . •t,lrP �'4 `may • d'.\lNIM \ \ 20452 SANTA ANA A VE TIM 5c, t` i`y ! fJ� �.: � . � •0 f' � �.' . )�` • E �.7 l�ol. P-Sf'' ��\. ''.•'? /C = _ '' `�.r� cry `�-- ✓�'�' • f f � { 3..+ irti /� � . `"(`A.' Jt `9 �.. ,� r/ � .4•> - Sys IN is to , 4 Iq f XACI i SHEET 1 OF 4 SHEETS LOTS: 1 NUMBERED ACREAGE: 11,489 SQ. FT./0.264 AC. DATE OF SURVEY: MAY, 2017 ALL OF THE CITY OF NEWPORT BEACH TENTATIVE TRACT NO. NT2016-003 OWNERSHIP CER TIFI CA TE.• ATTACHMENT B TRACT NO. 18039 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES BEING A SUBDIVISION OF A PORTION OF LOT 6 OF TRACT NO. 456, AS PER MAP FILED IN BOOK 17, PAGE 9 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ROBIN B. HAMERS, R.C.E. 31720 MAY 2017 WE, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. WE HEREBY DEDICATE TO THE CITY OF NEWPORT BEACH.- 1. THE EASEMENT FOR PEDESTRIAN PURPOSES, AS SHOWN ON SAID MAP. DUBLIN 4, LLC, A CALIFORNIA L IMI TED LIABILITY COMPANY lom ADRIENNE BRANDES, MANAGER/PRESIDENT NOTARY ACKNOWLEDGMENT.• A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA SS COUNTY OF ON , BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND.• SI GNA TURF NOTARY PUBLIC IN AND FOR SAID STATE (NAME PRINTED) SIGNATURE OMISSIONS: MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY. MY COMMISSION NO.- (NAME O. MY COMMISSION EXPIRES. - PURSUANT TO THE PROVISIONS OF SECTION 66436 (a) (3) (A) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED. - 1. MESA CONSOL IDA TED WATER DISTRICT, SUCCESSOR TO SANTA ANA HEIGHTS WATER DISTRICT, HOLDER OF AN EASEMENT FOR UTILITY PURPOSES AS RESERVED PER DOCUMENT RECORDED OCTOBER 3, 1927 IN BOOK 93, PAGE 52 OF OFFICIAL RECORDS. ACCEPTED AND FILED AT THE REQUEST OF NORTH AMERICAN TITLE COMPANY DATE: TIME: INSTRUMENT NO. BOOK FEE $ PAGE HUGH NGUYEN COUNTY CLERK -RECORDER ENGINEER'S S TA TEMEN T.• DEPUTY THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF ADRIENNE BRENNAN, IN APRIL, 2017. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN 365 DAYS OF RECORDATION; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTH TI VE MAP. QRpFESS/0� �O 1N B. PREPARED BY ME OR UNDER MY DIRECTION: No. �`o c� RCE 31720 m EXP. 12/31/2018 7/11/2018 �yT clvi\- ROBIN B. HAMERS, R.C.E. 31720 DATE FOFF CAL�Fp EXP. 12-31-18 COUNTY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNI CALL Y CORRECT. DATED THIS DAY OF- NOTARY F_ KEVIN R. HILLS, COUNTY SURVEYOR L. S. 6617 , 2018. BY- LILY M. N. SANDBERG, DEPUTY COUNTY SURVEYOR L. S. 8402 CITY ENGINEER'S STATEMENT: - I HEREBY STA TE THA T I HA VE EXAMINED THIS MAP AND HA VE FOUND I T TO BE SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP, IF REQUIRED, AS FILED WITH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH. DA TED THIS DA Y OF 2018 FESS/ ON �Q �\/,,VUKp��9� MARK K. VUKOJEVIC R.C.E. NO. 61527`" NO. "0 RE 61527 z EXP. DATE.- 61JO12019 W EXP. 6/30/2019 m CITY ENGINEER/DEPUTY PUBLIC WORKS DIRECTOR CITY OF NEWPORT BEACH �y� clvl\- F OF CAS-�Fp� CITY CLERK'S CERTIFICATE: STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF NEWPORT BEACH I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AT A REGULAR MEETING THEREOF HELD ON THE DA Y OF , 2017 AND THAT THEREUPON SAID COUNCIL DID, BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP. AND DID ACCEPT ON BEHALF OF THE CITY OF NEWPORT BEACH.- 1. THE EASEMENT FOR PEDESTRIAN PURPOSES, AS DEDICATED. AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 664J6(a) (3) (A) OF THE SUBDIVISION MAP ACT. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND AFFIXED THE OFFICIAL SEAL OF THE CITY OF NEWPORT BEACH. DA TED THIS DA Y OF LEILANI BROWN CITY CLERK, CITY OF NEWPORT BEACH 2018. COUNTY TREASURER — TAX COLLECTOR'S CERTIFICATE: STATE OF CALIFORNIA SS COUNTY OF ORANGE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE NO LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. DA TED THIS DA Y OF SHARI L. FREIDENRICH COUNTY TREASURER - TAX COLLECTOR , 2018. urn TREASURER - TAX COLLECTOR 7-5 SHEET 2 OF 4 SHEETS LOTS: 1 NUMBERED ACREAGE: 11,489 SQ. FT./O.264 AC. DATE OF SURVEY: MAY, 2017 ALL OF THE CITY OF NEWPORT BEACH TENTATIVE TRACT NO. NT2016-003 2 �— BRISTOL I w T.. co N U v Z Of Q ww U m Z W V) O oN pa M 0 w U s �o co N G N N I� Lo co co m Lrs M 0 I I CD I MI 0 mi m 0 n 0 BASIS OF BEARINGS TRACT NO. 18039 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA ROBIN B. HAMERS, R.C.E. 31720 MAY 2017 BOUNDARY ESTABLISHMENT &HORIZONTAL CONTROL DIAGRAM & OCS GPS TIE SHEET THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS NO. 6169R1 AND STATION GPS NO. 6158 BEING NORTH 40 37'41 " EAST PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR. DATUM STATEMENT COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE V1, 1983 NAD, (2007.00 EPOCH, OCS GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND, UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES MUL TIPL Y GROUND DISTANCE BY 0.99997271. (GPS# 6169R1). ORCHARD DRIVE N49'22'10"W 330.36' (330.29'R1)(330'R4) 4.62'(M&R1) 10.00' N25.00' — — — — — 290.35' 300.35' [300'R4] N49'22'10"W C 14 SEE DETAILS "A & B" ON N SHEET 4 FOR CL TIES ^ 00 m o) v m a; M -1 T.R. 1\10, 10303 iVL1\iL 444/47-418 4/47-4,3 N49'22'19"W 40.10' J I 11 <0 I- p 0 Quo 0 N I O N Z W ^ z Z Q z N V) U W <_-v) � — a0 ¢ m OiNW EO UJ m uJ N Q N � p " ~ 30 of Lu, rn =a Uo� 4 w 0 w�� 1J I W 'z' W O O Q l Z W UU Z O W w — z_oo-�wo J�ZOHL_ >— O w Q SFN ww o p J �— w p W O_'04m p~ O2 N w U cD m 5 > Lo NI= JoOoap Q Q IW zo<00m - J m Q Z� 2N_L�NON F<_ o� v cnzwzNo z Qx U� Z o Q OZ QOW��?�0_ _ L, ux,z C� zlOSFN JN1�3O— — O m~N Z J SIU IuJ <0 NZ p 0 OcnwcocnQw zw=oacn0- N v N49�22'19"W 39.03' 4 40 REFERENCE NOTES: (R 1) RECORD DATA PER RECORD OF SURVEY NO. 2008-1172, R. S.B. 233/40— 41 (R2) RECORD DATA PER TRACT NO. 16277, M.M. 833/21-23. (R3) RECORD DATA PER DOCUMENT RECORDED FEBRUARY 14, 2008 AS INSTR. NO. 2008000068978, O.R. (R4) RECORD OR CALCULATED DATA PER TR. NO. 456, M.M. 17/9. (R5) RECORD DATA PER RECORD OF SURVEY NO. 2006-1027, R. S.B. 212/21-25. 660.75' (660.57'R1)[660'R4] 12 330.39' (330.28'R1)[330'R4] _ 300.17' In N 330.39' (330'R4) 630.74' [630'R4] Lo r) z w L 30.22'(30.19'R1) \10 ONE HEET 4.ETAIL '�D" NOTE NON—RELEVANT TRACT 456 LOT LINES ARE SHOWN FOR CLARITY PURPOSES ONLY AND WERE NOT RE—ESTABLISHED. c 0 0 �Of ww zc� J z �o J 0 a- 0 0 w� rn 1 m a� w� l� o_ Lo (D N 0 co cD o- C O / No 0> '\ zwwFIE \> �ow p W aU N J O� �_o<> so= NE W W p � J J Z Q Q U pw uj O= W N ~ N pow O W m f c0� = Q (n 2 W m��zp <o0�-U) wCO00m l� I 14 5 I—N49�21'41"W 330.13' (330.12'R1)(330'R4) SFN SEE SHEET 3 FOR DETAIL F;. S, 1�1J. 2�J�J3 1112 DNS DNS OF THIS AREA. F,33, 233/40-41 DNS ^ N c -1,- `� (p � � LOT 1 �1 -1N `r ,mrn I 11,489 SQ. FT/ c cj �� �� °') 0.264 AC. c�CJr' I CN r N49'21'38"W 330.10(M&R1)(330'R4) —� 00 SFN 17 I M z W b N No O) _ u L 0) z /5/xA 7 300.08'[300'R4] \ B SFN I 330.09'(330'R4) 0 N49 21'35"W 0' 30.0oM 630.17'[630'R4] I30.00' 330.07' (M&R1)(330'R4) I _330.09' (330.08'R1)[330'R4] 1 660.16' (M&R1)[660'R4] N49'21'35"W \ � MESA DRIVE 0 N M E co 01 M O O o� 25.00'(M&R1) LEGEND 0 • FD. SFN DNS' (xxx. xx'R#) [xxx. xx'R#� SURVEYOR'S BOUNDARY NOTE: THERE ARE NO CONFLICTS WITH EXISTING VISIBLE IMPROVEMENTS AND THE EXTERIOR BOUNDARY LINE (DISTINCTIVE BORDER) OF THIS MAP AS ESTABLISHED HEREON. TO BE SET- AT ALL TRACT BOUNDARY CORNERS AND POINTS AS SHOWN A 2" I.P. TAGGED "R.C.E. 31720" OR LEAD, TACK & TAG STAMPED "R.C.E. 31720" OR AN 8" SPIKE & WASHER STAMPED "R.C.E. 31720" FOUND MONUMENT AS NOTED FOUND O.C.S. GPS HORIZONTAL CONTROL STATION MONUMENT PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR FOUND SEARCHED, FOUND NOTHING DID NOT SEARCH, PROPERTY OWNER DENIED ACCESS. (UNABLE TO SET PROPERTY CORNER) INDICATES DIMENSION AS SHOWN ON RELEVANT REFERENCE MAP. INDICATES DIMENSION AS CALCULATED FROM RELEVANT REFERENCE MAP. MONUMENT NOTES: O O.C.S. GPS CONTROL POINT 6169R1 FD. LEAD & TACK WITH TAG STAMPED "RCE 27743" PER RECORD OF SURVEY NO. 2008-1172, R.S.B. 233/40-41 & CR 2001-831, FLUSH N: 2188049.84 E.• 6063375.13 2O 0. C. S. GPS CON TROL POIN T 6158 FD. PUNCHED BOL T IN 0. C. S. WELL MONUMEN T PER CR. 2014-0466, DN. 1.5' N: 2190058.36 E.• 6065098.35 3O FD. 2" I.P. W/ TAG "LS 2857" PER R1, FLUSH. LOCATED FOR REFERENCE PURPOSES ONLY AND DOES NOT ESTABLISH LOT LINE LOCATION. 4O FD. C—NAIL & TAG "LS 2988" PER R1, FLUSH. LOCATED FOR REFERENCE PURPOSES ONLY AND DOES NOT ESTABLISH LOT LINE LOCATION. O5 FD. LEAD, NAIL & TAG "LS 7809" PER R1, FLUSH, N47°00'24 "W 0.95' O6 FD. LEAD, TACK & TAG "LS 3186" PER R1, FLUSH. N39 2639 "W 0.97' O7 FD. LEAD & TAG STAMPED "RCE 13195" IN TOP OF WALL IN LIEU OF 2" I.P. W/TAG "RCE 13195" PER R2, FLUSH. A CCEP TED AS THE W'L Y CORNER OF TR. NO. 16277, M.M. 833/21-22. O8 FD. 1" I.P. NO TAG, NO REF., FLUSH. ACCEPTED AS I" I.P. W/TAG "LS 3109" PER R1, S60`0727"E 0.13' O9 FD. LEAD, NAIL & TAG "LS 7809" PER R1, DN. 0.1' A CCEP TED AS CEN TERL INE IN TERSEC TION MESA DRIVE AND RIVERSIDE DRIVE. 10 FD. SPIKE & WASHER STAMPED "LS 7993" PER P.M. NO. 2009-128, P.M.B. 376/21-24, FLUSH. ACCEPTED AS BEING ON THE NE'L Y PRODUCTION OF THE SE'L Y LINE OF LOT 15. HELD FOR LINE. 11 FD. 1" I.P. W/WOOD PLUG, NO TAG, NO REF., FLUSH. ACCEPTED AS BEING THE E'LY CORNER OF LOT 15 AS SHOWN ON TRACT NO. 16924, M.M. 896/43-47. 12 FD. SPIKE & WASHER STAMPED 157809" PER R1, DN. 0.3 ' HELD FOR LINE OF CENTERLINE OF ORCHARD DRIVE. ACCEPTED AS CENTERLINE INTERSECTION OF REDLANDS DRIVE AND ORCHARD DRIVE. 13 SEARCHED FOUND NOTHING. ESTABLISHED PER TIES OCS A/SW—IRV 2416-2434, PG. 2419. 14 SEARCHED FOUND NOTHING. ESTABLISHED BY PRORA TION. DQ CITY OF NEWPORT BEACH j Lu COUNTY OF ORANGE w 165.02' (M&R2) 825.18" (M&R1) 9 CZO NO TE. - SEE SHEET 3 FOR LOT DETAIL. SEE SHEET 3 FOR PROPOSED EASEMENT AND DEDICATION NOTES. SEE SHEET 4 FOR ESTABLISHMENT NOTES AND DETAILS. 7-6 SHEET 3 OF 4 SHEETS LOTS: 1 NUMBERED ACREAGE: 11,489 SQ. FT./0.264 AC. DATE OF SURVEY: MAY, 2017 ALL OF THE CITY OF NEWPORT BEACH TENTATIVE TRACT NO. NT2016-003 SEE SHEET 2 I 1 1 TRACT NO. 18039 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA ROBIN B. HAMERS, R.C.E. 31720 MAY 2017 J I N49°22'19"WI 4 39.03' SEE NOTE ON SHEET 2 FOR ESTABLISHMENT I OF CITY/COUNTY BOUNDARY LINE ; w I �I� o ry O o 3: W Q Z W Z L� o j CNJro I U J �m I 10.00' I I ^ I 30.00_ �I I 40.00' I rn N 40' of - 00 -;1- co SFN 148 48 � g ^ I u N co co � u mi^ w I o N 40 00' N CD N49°21'38"W I 1 N49°21'35"W A/nTC. SEE SHEET 2 FOR BOUNDARY ESTABLISHMENT N49°21'41 "W 140.13' (140.12'R1) 140.12' (140.11'R1 2.00' EASEMENT FOR PEDESTRIAN E 300.13'[300'R4] DNS' 290.13' 2008--l-172 � I rnl 180.12' (180.11'R1) PURPOSES DEDICATED HEREON TO THE CITY OF NEWPORT BEACH. (SEE DETAIL "C" ON SHEET 4.) 01 "o LOT 1 11,489 SQ. FT/0.264 AC. 140.10' N49°21'38"W 140.08' (M&R1) N 49°21'35"W 0 r) 330.13' (330.12'R1)[330'R4] 75.00' (M&R1) 75.00' (M&R1) DNS' 11) 150.00' (HELD PER R3) Ib CIA 1.00'v of ^ 'l Of rnLd af m o o O \� J N f1� I r7 w 00 CD 0 N co 300.10'[300'R4] 290.10' o1 G� w O � N co O z 7 290.08'M[290.08'R1 ] 330.07' (330.08'R1)[330'R4] MESA DRIVE SEE SHEET 2 FOR HORIZONTAL CONTROL SCHEME, OCS GPS TIES, MONUMENT NOTES, BASIS OF BEARINGS, DATUM STATEMENT, REFERENCE NOTES AND LEGEND. SEE SHEET 4 FOR ESTABLISHMENT NOTES AND DETAILS. 150.00' LOT A 75.00' (M&R1) SFN y o� J W W Z Z J 0 �� z0 N om w cn m J m� Q C/O c W 0 N M �n SFN 14 -14-I NCD ^ I �I �I rn ^ rn N 00 Pf rn 148 48 � g Zo rn o co co � u mi^ w I o N N CD co N 10 I 0 0 40'.;2E 00 I M W 0 O z L.LJ _ _ 40.0Q J ���30.00'SFP Q z30' 0. 10' 40' Q _ z N o <CN V w Of^ � ^_ _ W 00 w 0 rn rn of o O I- r7 00 rn O I 't Z z O � Z � I I 1 N49°21'35"W A/nTC. SEE SHEET 2 FOR BOUNDARY ESTABLISHMENT N49°21'41 "W 140.13' (140.12'R1) 140.12' (140.11'R1 2.00' EASEMENT FOR PEDESTRIAN E 300.13'[300'R4] DNS' 290.13' 2008--l-172 � I rnl 180.12' (180.11'R1) PURPOSES DEDICATED HEREON TO THE CITY OF NEWPORT BEACH. (SEE DETAIL "C" ON SHEET 4.) 01 "o LOT 1 11,489 SQ. FT/0.264 AC. 140.10' N49°21'38"W 140.08' (M&R1) N 49°21'35"W 0 r) 330.13' (330.12'R1)[330'R4] 75.00' (M&R1) 75.00' (M&R1) DNS' 11) 150.00' (HELD PER R3) Ib CIA 1.00'v of ^ 'l Of rnLd af m o o O \� J N f1� I r7 w 00 CD 0 N co 300.10'[300'R4] 290.10' o1 G� w O � N co O z 7 290.08'M[290.08'R1 ] 330.07' (330.08'R1)[330'R4] MESA DRIVE SEE SHEET 2 FOR HORIZONTAL CONTROL SCHEME, OCS GPS TIES, MONUMENT NOTES, BASIS OF BEARINGS, DATUM STATEMENT, REFERENCE NOTES AND LEGEND. SEE SHEET 4 FOR ESTABLISHMENT NOTES AND DETAILS. 150.00' LOT A 75.00' (M&R1) SFN y o� J W W Z Z J 0 �� z0 N om w cn m J m� Q C/O c W 0 N M �n SFN 14 -14-I �I �I rn rn 00 Pf N � co � u mi^ w N � rn 00 330.10'1 (M&R1)[330'R4] c., i_ � Id - Li N 00 O z SFN 75.00' (M&R1) 300.08'[300'R4] rnco z r7 � N N r7 ^ (If� coof d? N �o � o SFN B CITY OF NEWPORT BEACH N CDf COUNTY OF ORANGE W cI o = CD I I W W 825.18' (825.18'R1) EA SEMEN T NO TE.• AN EASEMENT FOR PUBLIC UTILITY PURPOSES TO MESA CONSOL IDA TED WA TER DISTRICT AS RESERVED IN DOCUMENT RECORDED OCTOBER 3, 1927 IN BOOK 93, PAGE 52 OF OFFICIAL RECORDS OF ORANGE COUNTY. (EASEMENT NOT PLOTTABLE.) 7— 7 SHEET 4 OF 4 SHEETS TRACT NO. 18039 LOTS: 1 NUMBERED ACREAGE: 11,489 SQ. FT./0.264 AC. IN THE CITY OF NEWPORT BEACH, DATE OF SURVEY: MAY, 2017 COUNTY OF ORANGE STATE OF CALIFORNIA ALL OF THE CITY OF NEWPORT BEACH TENTATIVE TRACT NO. NT2016-003 ROBIN B. HAMERS, R.C.E. 31720 MAY 2017 DETAIL SHEET ESTABLISHMENT NOTES: OSFN., ESTABLISHED AS POINT OF INTERSECTION OF CENTERLINE OF MESA DRIVE AND SKLY PRODUCTION OF SE'L Y LINE OF LOTS 15 & 16, R4, AT REC. DISTANCE 165.02' FROM CL RIVERSIDE DRI VE( PER R2. BO SFN., ESTABLISHED AS MOST S'LY COR. LOT 5, R4, BY PROPORTION PER R4. CO SFN., ESTABLISHED AS MOST N'LY CORNER OF LOT 15, R4, BY PROPORTION PER R4. < ESTABLISHED NE'LY LINE LOT 5, R4, BY PROPORTION, PER R4. < ESTABLISHED NE'LY LINE LOT 6, R4, BY PROPORTION, PER R4. OF SFN., ESTABLISHED AS CL INTERSECTION OF SANTA ANA AVENUE AND ORCHARD DRIVE HOLDING RECORD DISTANCE OF 0.14' QFFSET TO SANTA ANA AVENUE AND 4.62' PER R5 ALONG THE CL OF SANTA ANA AVENUE FROM 13 . Lu 1� z z _CURB Q 4, D \ s (n�,Q �O CL ORCHARD DRIVE 13 1� Q m QI � Q U p z Q U) NOTE(THIS SHEET ONLY): (R6) RECORD DATA PER A/SW-IRV 2416-2434, PG 2419. 01 FD. LEAD & TAG STAMPED "OCS TIE" DETAIL "A" N TS 4 0.14' (M&R5) z o w N49°22'10"W 12 Lu > 660.75' 30.22' 300.17' (30.19'R1) 0.14' 330.39 (330.28 R1) CL ORCHARD DRIVE N o I 10 N ^_ O 11 I� 00 CD w rn o to N O DETAIL "D" I u Z NTS I o I� z NO TE. - SEE SHEET 2 FOR HORIZONTAL CONTROL SCHEME, OCS GPS TIES, MONUMENT NOTES BASIS OF BEARINGS, DATUM STATEMENT, REFERENCE NOTES AND LEGEND. SEE SHEET 3 FOR LOT DETAIL. SEE SHEET 3 FOR PROPOSED EASEMENT AND DEDICATION NOTE. DETAIL "B" 0 0 N TS 0 0 N o it 1 N N04°22'19"W 2.83' PURPOSES DEDICATED HEREON TO THE CITY OF NEWPORT BEACH. CL DRIVEWAY ,f- 2.00' N85°37'41 "E 0 2.83' 0 0 N vo DETAIL "C" N TS m N Lu w (D r' CL ORCHARD DRIVE Q N N491°232'10"W 660.75' w 4.62'(M&R5) j Q�� od � zz z � c-,, I I N49°22'19"W 0.14' (M&R5) z o w N49°22'10"W 12 Lu > 660.75' 30.22' 300.17' (30.19'R1) 0.14' 330.39 (330.28 R1) CL ORCHARD DRIVE N o I 10 N ^_ O 11 I� 00 CD w rn o to N O DETAIL "D" I u Z NTS I o I� z NO TE. - SEE SHEET 2 FOR HORIZONTAL CONTROL SCHEME, OCS GPS TIES, MONUMENT NOTES BASIS OF BEARINGS, DATUM STATEMENT, REFERENCE NOTES AND LEGEND. SEE SHEET 3 FOR LOT DETAIL. SEE SHEET 3 FOR PROPOSED EASEMENT AND DEDICATION NOTE. DETAIL "B" 0 0 N TS 0 0 N o it 1 N N04°22'19"W 2.83' PURPOSES DEDICATED HEREON TO THE CITY OF NEWPORT BEACH. CL DRIVEWAY ,f- 2.00' N85°37'41 "E 0 2.83' 0 0 N vo DETAIL "C" N TS m SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT BEACH AND DUBLIN 4, LLC FOR TRACT NO. 18039 THIS AGREEMENT ("Agreement") is entered into this ay of August, 2018 by and between the CITY OF NEWPORT BEACH, a municipal corporation and charter city of the State of California, hereinafter referred to as "CITY," and DUBLIN 4, LLC, a California limited liability company, hereafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to make certain private and public improvements, and is about to file with CITY a map of the tract of land known as Tract No. 18039 ("Tract"); WHEREAS, as a condition of the approval of and prior to the recordation of this subdivision map for the Tract, SUBDIVIDER is required to complete construction of new street, curb and gutter, sidewalk, driveway repair and reconstruction, and utilities including sewer and water (collec ' ely, _, "Improvements") as shown o public improvement plans for Tract 18039 by 6. dated , 2018 ("Improvement Plans"), and to perform certain other improvemen s in the subdivision, and WHEREAS, SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain portions of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this Agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, and subdivision monumentation, as required by Sections 66499 and 66499.3 of the California Government Code, and Section 19.36.030 Improvement Security (66499 et seq.) of the CITY's municipal code, which is adopted by ordinance of the City Council of CITY. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do, perform, and pay for all of the work for the Improvements as shown on the Improvement Plans for said Tract as required by the conditions of approval of the subdivision map for the Tract ("Map") which are not completed at the time of the recordation thereof. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees, or conditions associated with the Tract and with the Improvements as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work for the Improvements ("Work") shall be done and performed in accordance with the Improvement Plans, specifications, and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the Work shall be done at the sole cost and expense of SUBDIVIDER. 7-9 All of the Work shall be completed on or before three (3) years from the date hereof, unless the conditions of approval of the Map require an earlier completion date. All labor and material costs and expenses for the Work shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of the Improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete any and all arterial highway improvements, including perimeter sidewalks, medians, and landscaping required by the conditions of approval of the Map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all Work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of the City Council's acceptance of same. 4. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the Improvement Plans, specifications, and profiles which have been approved by the City Engineer and filed in the office of the City Engineer are adequate to accomplish the Work as promised herein and as required by the conditions of approval of the Map. If at any time before the City Council accepts the Work as complete or during the one (1) year guarantee period in Section 3 hereof, the Improvement Plans, specifications, and profiles which have been approved by the City Engineer and filed in the office of the City Engineer prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the Work as promised. 5. NO WAIVER BY CITY Inspection of the Work and/or materials for the Improvements, or approval of Work and/or materials for the Improvements, or any statement by any officer, agent or employee of CITY indicating the Work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the Work and/or materials for the Improvements, or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations under this Agreement; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER'S failure to comply with any of the terms and conditions hereof. 6. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the Work, including inspections thereof and relocation of existing utilities required thereby. 7. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed Map and to the satisfaction of CITY before acceptance of any Work by the CITY. DUBLIN 4, LLC Page 2 7-10 8. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Newport Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: For performance security, in the amount of Thirty Thousand Eight Hundred Seventy Seven Dollars and 00/100 ($30,877.00), which is one hundred percent (100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the Work for one (1) year after its completion and acceptance against any defective workmanship or materials or unsatisfactory performance. B. For Labor and Material: Security in the amount of Thirty Thousand Eight HL 00/100 ($30,877.00), the estimated cost of ndred Seventy Seven Dollars and which is one hundred percent (100%) of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials for the Improvements or to SUBDIVIDER. C. For Subdivision Monumentation: Security in the amount of Two Thousand Dollars and 00/100 ($2,000.00), which is one hundred percent (100%) of the estimated cost of this work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees setting of such monuments and guarantees payment to the Engineer or Surveyor for setting such monuments in the Tract, and as a prerequisite to the approval of the final Map. D. Warranty: Security in the amount of Three Thousand Eighty Seven Dollars and 70/100 ($3,087.70), which is ten percent of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: DUBLIN 4, LLC Page 3 7-11 Cash, certified check, or cashier's check. _ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER provides a one (1) year guarantee period on all work and materials. Such Warranty Bond shall be released one (1) year after acceptance of all improvements. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is approved in advance in writing by the City Attorney, however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the Improvements are accepted in writing by CITY.—SUBDIVIDER may be required by CITY to provide a substitute security at any time until one (1) year after the Improvements are accepted in writing by CITY. 9. INDEMNIFICATION. DEFENSE. HOLD HARMLESS City and all officers, employees, and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Work or for injury to or death of any person as a result of SUBDIVIDER's performance of the Work required hereunder; or for damage to property from any cause arising from the performance of the Work by SUBDIVIDER, or its subcontractors, or its workers, or anyone employed by either of them. SUBDIVIDER shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions, or from any cause arising from SUBDIVIDER's performance of the Work, performance of the Work by any contractor, subcontractor, or agent of SUBDIVIDER, or a supplier providing materials for the Work on behalf of the SUBDIVIDER. To the fullest extent permitted by law, SUBDIVIDER shall indemnify, defend and hold harmless City, its City Council, boards, committees and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement by or on behalf of SUBDIVIDER, any Work performed for the Improvements including, without limitation, defects in workmanship or materials or SUBDIVIDER's presence or activities conducted on the Work (including the negligent and/or willful acts, errors and/or omissions of SUBDIVIDER, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require SUBDIVIDER to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall DUBLIN 4, LLC Page 4 7-12 be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. SUBDIVIDER shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. SUBDIVIDER shall be liable for any private or public property damaged during the performance of the Work by SUBDIVIDER or its agents. In addition to the other rights of City hereunder, in the event that any Claims are brought against the CITY as a result of SUBDIVIDER'S breach of the terms and conditions of this Agreement, any Work performed by or on behalf of SUBDIVIDER, or as a result of SUBDIVIDER's presence or activities conducted on the Tract, the City, as it deems necessary and to the extent authorized by law, may retain any security under Section 8 of this Agreement until disposition of any such Claims. The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INSURANCE Any insurance required by the City pursuant to any permit issued to City including but not limited to, any encroachment permits, shall be obtained by SUBDIVIDER. The requirement for carrying the insurance coverage shall not derogate from SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in Section 9 of this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in prompt and timely manner, the premium on all insurance hereinabove required. 11. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the Work within the time specified in this Agreement, or any subsequent extensions, if any, or fails to maintain the Work, CITY may proceed to complete and/or maintain the Work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. In such event, the CITY may utilize the security provided under Section 8 to cover costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) for the Work. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including subdividers, in the event CITY proceeds to complete and/or maintain the Work. Once action is taken by CITY to complete or maintain the Work, in the event that City does not elect to use the security provided by SUBDIVIDER for the Improvements or DUBLIN 4, LLC Page 5 7-13 does elect to use such security and such security is insufficient for City to complete or maintain the Work, SUBDIVIDER agrees to pay all costs incurred by CITY even if SUBDIVIDER subsequently completes the Work. 12. RECORD MAP In consideration hereof, CITY agrees that SUBDIVIDER is permitted to file and record the final Map for the Tract. 13. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U.S. certified mail -return receipt requested: TO CITY - City of Newport Beach Attn: Director of Public Works 100 Civic Center Drive Newport Beach, CA 92660 14. CONSENT TO SUBDIVIDER: Dublin 4, LLC Attn: Adrienne Brennan 919 Gardenia Way Corona Del Mar, CA 92625 When CITY'S consent/approval is required under this Agreement, its consent/ approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 15. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 16. CITY APPROVALS The City Manager of the City of Newport Beach is hereby authorized, on behalf of the CITY, to sign all documents necessary and appropriate to carry out and implement this Agreement and to administer the CITY's obligations, responsibilities and duties to be performed under this Agreement. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit, describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a DUBLIN 4, LLC Page 6 7-14 whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Newport Beach City Charter Section 602, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. NO ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 23. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. DUBLIN 4, LLC Page 7 7-15 25. SIGNATORIES Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. [SIGNATURES ON NEXT PAGE] DUBLIN 4, LLC Page 8 7-16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: $ I-/ 11 By: Aaron C. T-la-r-pj"""" S •� �g City Attorney CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Kiff City Manager ATTEST: SUBDIVIDER: DUBLIN 4, LLC, a Date: California limitedli bility company Date: 16 + Leilani I. Brown City Clerk DUBLIN 4, LLC + Adrienne Bren n Sole Member Page 9 7-17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 0 rL4a4re }ss. On A-ucws7 20 ;; before me, ,/%'i . 'N DRseli Notary Public, personally appeared g�,LZ Nn,f ?9AA F -%F-9 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. __1M �- Signature :. • M. KENDRICK COMM ... 2238024 m NOTARY PUBLIC -CALIFORNIA —I m ORANGE COUNTY W My Term Exp. April 14, 2022 6 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) DUBLIN 4, LLC Page 10 7-18 CITY OF NEWPORT BEACH BOND NO. 4410580 FAITHFUL PERFORMANCE BOND The premium charged on this bond is $ 772.00 WHEREAS, the City of Newport Beach, State of California, and Dublin 4, LLC, a California limited liability company (hereinafter, "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 27th of August, 2018, and identified as Subdivision Agreement By And Between The City Of Newport Beach And Dublin 4, LLC For Tract No. 18039 (hereinafter, "Agreement"), on file with the office of the City Clerk of the City of Newport Beach, is incorporated herein by this reference; and Whereas, Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, and for maintenance of work for one (1) year after its completion and acceptance against any defective workmanship or materials or unsatisfactory performance. NOW, THEREFORE, We, the Principal, and SureTec Insurance Company, a Texas corporation duly authorized to transact business under the laws of the State of California as surety (hereinafter, "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Thirty Thousand Eight Hundred Seventy Seven and 00/100 Dollars ($30,877.00), lawful money of the United States of America, said sum being equal to 100% of the estimated cost of work set forth in the Agreement, to be paid to the City of Newport Beach, its successors, and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this performance bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this bond. Click here to enter text. Page A-4 7-19 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Agreement or to the work or to the specifications. This Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the improvements by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 21st day of September ,20 18 . (Principal) DUBLIN 4, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 919 Gardenia Way (Surety) SURETEC INSURANCE COMPANY, A TEXAS CORPORATION 1330 Post Oak Boulevard, Suite 1100 Houston, TX 3309 Sign: Print:hn T. Page, Title: Attorney -In -Fact AND AND Sign: Sign: Print: Print: Title: Title: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 17• Z S - I S By: Aa C. Harp City Attorney SEE ATTACHED NOTARY ACKNOWLEDGMENT NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Click here to enter text. Page A-5 7-20 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Q0V ss. On ^�� �" ?5 20 before me, f.�rVl Z�� Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JENNIFER WALSH WITNESS my hand and official seal. :{ NotaryPublic—California Orange County [ t r Commission # 2208126 '�.. My Comm. Expires Aug 27, 2021 Signature (sea) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Click here to enter text. Page A-6 7-21 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity f that document. State of California County of Sacramento On,�/�efore me, Susan Fournier, Notary Public (insert name and title of the officer) personally appeared John T. Page who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r SUSAN FOURNIER WITNESS my hand and official seal. 16 Notary Public • California z : d Sacramento County Commission* 2167974 f My Comm. Expires Nov 11, 2020 Signature — — (Seal) 7-22 POA#: 510132 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint John T. Page, Ryan Tash, Stephanie Raquel Arreola, Susan Fournier its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with fall power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given fall power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and alk bonds, recogrizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Rewolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 9th day of May , A.D. 2017 . SURETEC E t ANY SURAN�'P C, w y` John Knox 'resi ut State of Texas ss: County of Harris -' On this 9th day of May A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. XENIA CHAVEZ �`*p1Y P{�B �4 • ' �= Notary Public, State of Texas f 'f ° Comm. Expires 09-10-2020 Notary ID 129117659�Jda ver, Notary Public ommission expires September 10, 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this dW of A.D. . Brent Befty, Assistant See'retaxy Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. 1-23 CITY OF NEWPORT BEACH BOND NO. 4410580 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, and Dublin 4, LLC, a California limited liability company (hereinafter, "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 27th of August, 2018, and identified as Subdivision Agreement By And Between The City Of Newport Beach And Dublin 4, LLC For Tract No. 18039 (hereinafter, "Agreement"), on file with the office of the City Clerk of the City of Newport Beach, is incorporated herein by this reference; and WHEREAS, the terms of the Agreement requires Principal, before entering upon the performance of the work, to furnish a bond providing that if Principal or any of Principal's subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work to be done as set forth in the Agreement, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and SureTec Insurance Company, a Texas corporation duly authorized to transact business under the laws of the State of California as surety (hereinafter, "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Thirty Thousand Eight Hundred Seventy Seven Dollars and 00/100 ($30,877.00), lawful money of the United States of America, said sum being equal to 100% of the estimated cost of the work under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought to enforce the obligations of this bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond, as Click here to enter text. Page A-1 7-24 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the work to be performed thereunder shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 21st day of September , 20 is (Principal) (Surety) DUBLIN 4, LLC, A CALIFORNIA SURETEC INSURANCE COMPANY, A LIMITED LIABILITY COMPANY TEXAS CORPORATION 919 Gardenia Way 1330 Post Oak Boulevard, Suite 1100 Cor4aDu). Mar CA 92 Houston, TX 77 - S.. Sign: _ - Print: S Print: n T. Page, Title: Title: Attorney -In -Fact AND AND Sign: Sign: Print: Print: _ Title: Title: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 9. 2 8.18 By: -a V AJiAn C. Harp ttorney SEE ATTACHED NOTARY ACKNOWLEDGMENT NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Click here to enter text. Page A-2 7-25 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ()In\ ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h�lid and official seal. I t' l Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. JENNIFER WALSH i NotaryPublic- California T Orange County x Commission # 2208126 My Comm. Expires Aug 27, 2021 (seal) State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Click here to enter text. Page A-3 7-26 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On -fare me, Susan Fournier, Notary Public (insert name and title of the officer) personally appeared John T. Page who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL"rY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) SUSAN FOURNIER Notary Public • California l =ae Sacramento County - Commission #E 2167974 My Comm. Expires Noy 11, 202 7-27 POA #: 510132 SureTec Insurance Company LIMITED POWER OF ATTORNEY gnaw All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint John T. Page, Ryan Tash, Stephanie Raquel Arreola, Susan Fournier its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 1 213 1/2 01 9 and is made under and.by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be. valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20" of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 9th day of May , A.D. 2017 . �Nc SURETEC N E ANY vUi �J X 9 0 By: to { John Knox rest nt State of Texas ss: ��.LM1 d r Y County of Harris On this 9th day of May A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. 1Y Pie : XENIA CHAVEZ �r°°,•--' Notary Public, State of Texas Comm. Expires 09-10-2020 Notary ID 1291176590 is aver, Notary Public y commission expires September 10, 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect, y Given under my hand and the seal of said Company at Houston, Texas this dW of DAG', A.D. Y, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. 1-2t1 CITY OF NEWPORT BEACH BOND NO. 4410580 WARRANTY BOND The premium charged on this bond is $ PREMIUM INCLUQED IN PERFORMANCE BOND WHEREAS, the City of Newport Beach, State of California, and Dublin 4, LLC, a California limited liability company (hereinafter, "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 27th of August, 2018, and identified as Subdivision Agreement By And Between The City Of Newport Beach And Dublin 4, LLC For Tract No. 18039 (hereinafter, "Agreement"), on file with the office of the City Clerk of the City of Newport Beach, is incorporated herein by this reference; and Whereas, Principal is required under the terms of the Agreement to provide a bond guaranteeing all work and material is free from defects for one (1) year from and after the date of acceptance of all improvements by the City of Newport Beach. NOW, THEREFORE, We, the Principal, and SureTec Insurance Company, a Texas corporation duly authorized to transact business under the laws of the State of California as surety (hereinafter, "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Thousand Eighty Seven and 70/100 Dollars ($3,087.70), lawful money of the United States of America, said sum being equal to 10% of the estimated cost of work set forth in the Agreement, to be paid to the City of Newport Beach, its successors, and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, or Principal's heirs, executors, administrators, successors, or assigns, within one year after the date of acceptance of improvements by the City of Newport Beach, fails to repair, replace, or make good any defects in materials or workmanship as to any work performed under the Agreement, including without limitation repaired or replaced work and any damage to other work caused by or resulting from Principal's work, as promptly as practicable after written notice thereof and at Principal's sole expense, then Surety will faithfully perform the same, in an amount not exceeding the sum specified in this bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this performance bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this bond. Click here to enter text. Page A-10 7-29 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Agreement or to the work or to the specifications. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 21st day of September 20 18 (Principal) DUBLIN 4, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 919 Gardenia Way �] Cerana Dail Mar. CA 92625(/ Print: Title: AND (Surety) SURETEC INSURANCE COMPANY, A TEXAS CORPORATION 1330 Post Oak Boulevard, Suite 1100 Houston, TX -0 09 Sign: Print: John T. Pape, Title: Attorney -In -Fact AND Sign: Sign: Print: Print: Title: Title: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: oR • 2,9 • I By: hr A n C. Harp Ci Attorney SEE ATTACHED NOTARY ACKNOWLEDGMENT NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Click here to enter text. Page A-11 7-30 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof G )Ss. On - 4qrlwy,, 20 ! before me, l��lVl�t t�lr-►l�yT Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m h n,el fficial seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. JENNIFER WALSH Notary Public — California r Orange County Commission # 2208126 My Comm, Expires Aug 27, 2021 (seal) State of California County of )SS. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Click here to enter text. Page A-12 7-31 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On S=C�bcfore me, Susan Fournier, Notary Public (insert name and title of the officer) personally appeared John T. Page who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) SUSAN FtRNIER Notary Public - CalNornis - r Sacramento County 7Z - Commission Commission # 2187974 a Uy Comm. Ex ir9s Nor 11.2020 7-32 POA#: 510132 SureTee Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint John T. Page, Ryan Tash, Stephanie Raquel Arreola, Susan Fournier its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2019 and is made under and.by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by farsirailcand any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 200 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this stn day of May , A.D. 2017 . SURETEC F t ' ANY All By: ui John Knox , 'resi °nt 9 State of Texas ss: County of Harris On this 9th day of May A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. <ottI Y P&4 XENIA CHAVEZ Notary Public, State of Texas Comm. Expires 09-10-2020 ��' Notary ID 129117659 is avez, No Public y commission expires September 10, 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this q of A.D. nt Betty; Assistant Se&etary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. /_1113 CITY OF NEWPORT BEACH BOND NO. 4415041 MONUMENT BOND The premium charged on this bond is $ 250.00 WHEREAS, the City of Newport Beach, State of California, and Dublin 4, LLC, a California limited liability company (hereinafter, "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 27th of August, 2018, and identified as Subdivision Agreement By And Between The City Of Newport Beach And Dublin 4, LLC For Tract No. 18039 (hereinafter, "Agreement"), on file with the office of the City Clerk of the City of Newport Beach, is incorporated herein by this reference; and Whereas, Principal is required under the terms of the Agreement to provide a bond guaranteeing the setting of monuments and payment to the engineer or surveyor for setting such monuments, and as a prerequisite to the approval of the final map; and NOW, THEREFORE, We, the Principal, and SureTec Insurance Company, a Texas corporation duly authorized to transact business under the laws of the State of California as surety (hereinafter, "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Thousand and 00/100 Dollars ($2,000.00), lawful money of the United States of America, said sum being equal to 100% of the estimated cost of monument work set forth in the Agreement, to be paid to the City of Newport Beach, its successors, and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns fails to set the monuments as required by the Agreement, or fails to pay the engineer or surveyor for monument work, then Surety will faithfully perform the same, in an amount not exceeding the sum specified in this bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this performance bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive Click here to enter text. Page A-7 7-34 notice of any such change, extension of time, alterations or additions of the Agreement or to the work or to the specifications. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 21st day of September 20 18 . (Principal) DUBLIN 4, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 919 Gardenia Way �V L7 Sign: Print: Title: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 04 . z,9 - I g By: PLC Aa n C. Harp Cif At (Surety) SURETEC INSURANCE COMPANY, A TEXAS CORPORATION 1330 Post Oak Boulevard, Suite 1100 Houston, TX 77056 0,111 _ Sign: Print: Jon T. Page Title: Attorney -In -Fact AND Sign: Print: Title: SEE ATTACHED NOTARY ACKNOWLEDGEMENT NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Click here to enter text. Page A-8 7-35 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Yy:' ss. _ On? S17-: r s 20 A before me, Notary Public, personally appeared a e L who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JENNIFER WALSH WITNESS my han and official seal. V� NotaryPublic-California ,1 Orange County Commission # 2208126 My Comm, ExpiresAuy 27, 2021 Signature j (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Click here to eater text. Page A-9 7-36 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento Onbefore me, Susan Fournier, Notary Public (insert name and title of the officer) personally appeared John T. Page who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) SUSAN FOURNIER Notary Public - California a w► Sacramento County x Commission 2167974 My Comm. Expires Nov 11, 202 7-37 POA,I- 510132 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint John T. Page, Ryan Tash, Stephanie Raquel Arreola, Susan Fournier its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12MV2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20rh of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this stn day of May , A.D. 2017 . "�"yRIlhNC SURETEC N ,F ANY S John Knox , resi ri! State of Texas ss: 7r ;1y �',.' Y County of Harris «� On this 9th day of May A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. �"RyP . XENIA CHAVEZ Notary Public, State of Texas s"+'sa^+ �� Comm. Expires 09-10-2020 7tF . . •.�+OF ," Notary ID 129117659 X to avec, Notary Public y commission expires September 10, 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this do of �e�_jr' 1���_, A.D. y, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. 1-38 RESOLUTION NO. 2036 A RESOLUTION OF THE PLANNING OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MAJOR SITE DEVELOPMENT REVIEW NO. SD2016-002 AND TENTATIVE TRACT MAP NO. NT2016-003 FOR A SEVEN -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT LOCATED AT 20452 SANTA ANA AVENUE (PA2016-069) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS; SECTION 1. STATEMENT OF FACTS. An application was filed by Adrienne Brandes, with respect to property located at 20452 Santa Ana Avenue, and legally described as the Southwesterly 82 feet of Lot 6 of Tract No. 456, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 17 Page(s) 9 of Miscellaneous Maps, in the Office of the County Recorder of said County, except the Southeasterly 150 feet thereof, requesting approval of a major site development review and tentative tract map. 2. The applicant proposes the construction of seven residential condominium units. As proposed, each unit will be three stories and will include a two -car garage. Four guest parking spaces, including one accessible parking space, will be constructed on-site. 3. The subject property is located within Multi -Unit Residential Detached (RMD) Zoning District and the General Plan Land Use Element category is Multiple -Unit Residential (RM). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 17, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of 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 Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -Fill Development) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. In this case, the project is consistent with the General Plan Land Use Element category of RM as well as the RMD Zoning District. Residential condominiums are an allowed use in the land use category designation as well as in RMD. The project site area is less than five acres and generally surrounded by residential development and a golf course. The 7-39 Planning Commission Resolution No. 2036 Paae2of13 lot is substantially developed and is not within environmentally sensitive areas. The proposed project was reviewed by the Public Works Department and concerns with traffic were not found. Further, a traffic study was not required under the City's Traffic Phasing Ordinance (TPO). No significant effects are anticipated for the lot with regard to noise or air quality as the proposed project will be replacing an existing multi -family development. A preliminary water quality management plan (WQMP) was reviewed and approved to address potential wafter quality issues. The project was also reviewed by the Public Works and Fire Departments and it was determined both lots maintain adequate access to both utilities and public services. SECTION 3. REQUIRED FINDINGS. Site Development Review In accordance with NBMC Section 20.52,080(F) (Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: A. The proposed development is allowed within the subject zoning district. Fact in Support of Finding: The subject property is located within the RMD Zoning District, which principally provides for areas appropriate for multi -unit residential developments exclusively containing detached dwelling units. The proposed multi -unit residential development is replacing and improving an existing multi -unit residential development. Although the proposed development does not contain detached dwelling units, the project is consistent with the General Plan and any applicable development standards within the Zoning Code and is allowed in the RMD Zoning District. Finding: B. In compliance with all of the applicable criteria identified in NBMC Subsection [20.52. 0 8 0] (C) (2) (c) : a. Compliance with this Section, the General Plan, the Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the relationship is based on standards of good design; C. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; 05-26-2016 7-40 Planning Commission Resolution No. 2036 Paqe 3 of 13 e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and f. The protection of significant views from public rights) -of -way and compliance with NBMC Section 20.30.100 (Public View Protections). Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the subject property as RM, which is intended primarily for multi -family residential development containing attached or detached dwelling units. The proposed multi -unit residential development is consistent with the General Plan designation. 2. The proposed development complies with the development standards of RMD Zoning District. The proposed buildings are approximately 33 feet tall, which complies with the maximum height limitation. The buildings also meet all required setbacks and common and private open space requirements. Seven, two -car garages and four uncovered guest parking spaces are proposed for the development, which meets the Zoning Code required parking, 3, The proposed development will incorporate consistent architectural design such that all structures on the property are unified. Architectural treatment will harmonize with the surrounding neighborhood. 4. The proposed site layout maintains the existing vehicular access from Santa Ana Avenue. The site layout and guest parking area allow vehicles sufficient space to turn around on-site. Pedestrian access to the site is available along Santa Ana Avenue along an existing public sidewalk. 5. The Public Works Department has reviewed and approved the site plan, proposed improvements, parking configuration, and access driveway subject to the conditions of approval. 6. The 20 -foot front setback and site layout provide for additional landscaping opportunities immediately adjacent to the street. As conditioned, all landscaping will comply with NBMC Chapter 14.17 (Water -Efficient Landscaping). 7. The subject property is not located at or near a public view point or corridor as identified in the General Plan Figure NR3 (Coastal Views); and therefore, is in compliance with NBMC Section 20.30.100 (Public View Protections). Finding: C. Not detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. 05-26-2016 7-41 Planning Commission Resolution No. 2036 Page 4 of 13 Facts in Support of Finding: 1. A similar multiunit residential development has existed at this location since 1975, according to County records. The proposed seven -unit residential condominium development will replace and improve the existing development. The amount of traffic to and from the site will not significantly change. 2. The proposed development will comply with all Building, Public Works, and Fire Codes. The project will also comply with all City ordinances and conditions of approval. 3. The project has been conditioned to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment. Tentative Tract Map In accordance with NBMC Section 19.12.070(A) (Required Findings for Action on Tentative Maps), the following findings and facts in support of a tentative tract map are set forth: 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 the applicable provisions of the Subdivision Map Act and the City Subdivision Code. Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the site as Multiple Residential (RM), which is intended to provide for areas appropriate for multiple -unit residential developments containing attached or detached dwelling units. This designation allows 43 dwelling units per acre. The proposed project is well within the maximum allowable density of 11 units (43 x 0.26). 2. The proposed project is consistent with General Plan Policy LU 5.1.9, which requires multi -family dwellings to be designed to convey a high quality architectural character in regard to building elevations, ground floor treatment, roof design, parking, open space, and amenities. The ground treatment principles are not applicable because the dwelling unit entrances face the interior private streets. Parking is provided as attached garages integrated with the residential structures, while the guest spaces on the site are uncovered. Consistency with the remaining principles of LU 5.1.9 is ensured through compliance with development standards. 3. The proposed project is consistent with General Plan Policy LU 6.6.2, which promotes the development of a mix of residential types and building scales as the proposed project includes a detached product type that will contribute to the variety of housing types in Santa Ana Heights and the surrounding areas. 05-26-2616 7-42 Planning Commission Resolution No. 2036 Page 5 of 13 4. The subject property is not located within a specific plan area. 5. The Public Works Department has reviewed the proposed tentative tract map and found it consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. 6. The applicant will provide an in -lieu park dedication fee pursuant to Chapter 19.52 (Park Dedications and Fees), as required for park or recreational purposes in conjunction with the approval of a residential subdivision. The existing multi -unit residential development has three units and the proposed project would increase the number of dwelling units to seven. The in -lieu park fee would be required for the four additional dwelling units. Credit for the existing residential units is provided because the impact to park services is related to the increase in residents associated with the new units. 7. Conditions of approval have been included to ensure compliance with Title 19. Finding: B. That the site is physically suitable for the type and density of development. Fact -in Support of Finding: The 11,490 -square -foot site is regular in shape, has a slope of less than 20 percent, and is not within a zone deemed to be subject to seismically induced liquefaction potential. The site is large enough to accommodate the density proposed in compliance with all applicable Zoning requirements. The site is suitable for the type and density of development proposed in that the infrastructure serving the site and surrounding area has been designed and developed to accommodate the proposed project. As required by Condition of Approval No. 23, a water and sewer demand study will be prepared to ensure that the water and sewer mains are adequate, and upgrades will be required if the infrastructure is not adequate. 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. 05-26-2016 7-43 Planning Commission Resolution No. 2036 Paqe 6 of 13 Fact in Support of Finding: The proposed project is not located near fish or wildlife habitat and the design of the subdivision will not cause substantial damage to habitat. See Section 2 (California Environmental Quality Act Determination) above. 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 proposed Tentative Tract Map is for condominium purposes. All construction for 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. Furthermore, the proposed project conforms to all applicable City ordinances. 2. No evidence is known to exist that would indicate that the planned subdivision pattern will generate any serious public health problems. 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 for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by 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. Facts in Support of Finding: 1. The design of the development does not conflict with any easements acquired by the public at large for access through or use of property within the proposed development as there are no public easements that are located on the property. Sufficient site access is provided from the abutting public right-of-way (Santa Ana Avenue) with the proposed tract map. 2. Public improvements, including removal and replacement of damaged concrete curb, gutter, and sidewalk along Placentia Avenue will be required of the applicant pursuant 05-26-2016 7-44 Planning Commission Resolution No. 2036 Paae 7 of 13 to the Municipal Code and the Subdivision Map Act. Each residential unit will be required to provide separate water service/meter and sewer lateral and cleanout. 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 9965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Fact in Support of Finding_ The property is not subject to the Williamson Act. The subject property is not designated as an agricultural preserve and is less than 100 acres. Finding: G. That, in the case of a `land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision-making body finds that the proposed land project is consistent with the specific plan for the area. Fact in Support of Finding: California Business and Professions Code Section 11000.5 was repealed by the Legislature in 2006 via Assembly Bill 2711. However, the proposed subdivision is not a "land project," as defined in prior California Business and Professions Code Section 11000.5 because it does not consist of 50 or more parcels. 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. Facts in Support of Finding: 1. The proposed Tentative Tract Map includes attached dwelling units with open space, private streets, and walkways further separating the units. The proposed subdivision design allows for solar access and future passive or natural heating and cooling opportunities. The proposed building height complies with the maximum limit of 33 feet, which is compatible with the existing and allowed heights of other structures in the area. All of the units are aligned east -west with sufficient setbacks to provide southern exposure. 05-26-2016 7-45 Planning Commission Resolution No. 2036 Paqe 8 of 13 2. The proposed improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards based on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: 1. 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: The maximum residential density allowed for the site will remain unchanged with project approval. The proposed 7 -unit project is consistent with the RM General Plan land use designation which allows a maximum of 11 residential units on the property. The minor increase in units will improve the City's ability to meet its regional housing goals. 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. Facts in Support of Finding: 1. Wastewater discharge from the project into the existing sewer system has been designed to comply with the Regional Water Quality Control Board (RWQCB) requirements. 2. A Preliminary Water Quality Management Plan (WQMP) has been prepared and approved for the proposed project. 3. Compliance with the Santa Ana River Basin Water Quality Control Program involves the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) for construction -related activities, which will specify the Best Management Practices (BMP's) that the project will be required to implement during construction activities to ensure that all potential pollutants of concern (including sediment) are prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the subject property. 4. The conditions of approval include the requirement for a sewer demand study to determine if the existing sewer main on Santa Ana Avenue will be able to handle the sewage flows from the proposed development. Sewer connections have been 05-26-2016 7-46 Planning Commission Resolution No. 2036 Pape 9 of 13 conditioned to be installed per City Standards, the applicable provisions of NBMC Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing Code. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Fact in Support of Finding: The subject property is not located within the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Major Site Development Review No. SD2016-002 and Tentative Tract Map No. NT2016-003, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. The approval of Major Site Development Review No. SD2016-002 shall become final and effective 14 days following the date this Resolution was adopted, and approval of Tentative Tract Map No. NT2016-003 shall become final and effective 10 days following the date this Resolution was adopted, unless within such time an appeal is filed with the City Clerk in accordance with the provisions of NBMC Title 20 and/or NBMC Title 19. PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF NOVEMBER, 2016. AYES: Dunlap, Hillgren, Lawler, Koetting, Kramer and Weigand NOES: None ABSTAIN: None ABSENT: BY: k BY: K ry ra r BY: 1� Pet r Zak, 05-26-2016 7-47 Planning Commission Resolution No. 2036 Paqe 10 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division I. 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 5. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Site Development Review file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Site Development Review and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 6. Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. Compliance with Newport Beach Municipal Code Chapter 14.17 (Water -Efficient Landscaping) shall be appropriately demonstrated. 7. Prior to the issuance of building permits, the fair share traffic contribution in effect at the time shall be paid in accordance with the Municipal Code. 8. Prior to the recordation of the Final Tract Map, park dedication fees shall be paid consistent with the fee amount in effect at the time of payment as established by the City of Newport Beach Municipal Code. 9. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and 05-26-2016 WIM Planning Commission Resolution No. 2036 Paqe 11 of 13 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. 10. Building owners and tenants shall keep the building exteriors and facades clean and in good repair. 11. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 12. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are "1" or less at all property lines. 13. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 14. 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. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 15. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 16. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all 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 Santa Ana Avenue Cottages including, but not limited to, Major Site Development Review No. SD2016-002 and Tentative Tract Map No. NT2016-003 (PA2016-069).This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth 05-26-2016 7-49 Planning Commission Resolution No. 2036 Page 12 of 13 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. 17. Prior to submittal for building permits, the applicant shall submit revised elevations reflecting smooth stucco and enhanced architectural features for review and approval of the Planning Division. If the Planning Division determines the revisions do not meet the intent of the Planning Commission's action, the design shall be submitted to the Planning Commission for review. , Public Works Department 18. A Tract Map shall be recorded for this development. The Map shall be prepared on the California coordinate system (NAD88). Prior to recordation of the Map, the surveyorlengineer 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 Sections 7-9- 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 19. Prior to recordation of the Tract 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 construction project. 20. Prior to the recordation of the Final Tract Map, a Subdivision Agreement shall be obtained and approved by City Council. 21. Prior to Final Tract Map approval, the applicant shall provide a Faithful Performance Bond and a Labor and Materials Bond, each for 100 percent of the estimated public improvements. An engineer's cost estimate shall be prepared by a registered civil engineer, and approved by the Public Works Director. 22. An encroachment permit shall be required for all work activities within the public right- of-way. An encroachment agreement shall be required for any private improvements installed within the public right-of-way. 23. The existing concrete curb, gutter, and sidewalk along the Santa Ana Avenue frontage shall be removed and replaced per City Standards. 24. Sewer and water demand studies shall be prepared and submitted to the applicable utility providers. Approvals of said studies by the utility provider shall be provided to the City prior to recordation of the Final Tract Map. 05-26-2016 7-50 Planning Commission Resolution No. 2036 Page 13 of 13 25. The on-site sewer system shall be privately owned and maintained, unless otherwise approved by the utility provider. 26. Each unit shall be served by its own individual water service/meter and sewer lateral and cleanout, unless otherwise approved by the utility provider. 27. All on-site drainage shall comply with the latest City water quality requirements. 28. All improvements shall comply with the City's sight distance requirement per City Standard 110-L. 29. A two -foot wide pedestrian easement shall be granted to the City along the back of the proposed driveway approach to provide a clear four -foot wide ADA path along the sidewalk. 30. The parking layout and drive aisles shall comply with City Standards STD -805 -L-A and STD -805 -L -B. Dead end drive aisles shall provide a dedicated turnaround space and a five-foot minimum clear paved hammerhead/drive aisle extension. The drive aisle shall be a minimum of 26 feet wide. 31. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. Fire Department 32. Adequate emergency access shall be required pursuant to California Fire Code Section 503.1. 33. Pursuant to California Fire Code Section 507.1, an approved water supply capable of supplying the required fire flow for fire protection shall be provided to the premises upon which the buildings are to be constructed. 34. An automatic fire sprinkler system shall be installed in compliance with California Fire Code Sections 903.2.8 and 903.2.18. Building Division 35. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 05-26-2016 7-51 RESOLUTION NO. 2017-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF MAJOR SITE DEVELOPMENT REVIEW NO. SD2016-002 FOR A SEVEN -UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED AT 20452 SANTA ANA AVENUE (PA2016-069) WHEREAS, an application was filed by Adrienne Brandes, with respect to property located at 20452 Santa Ana Avenue, and legally described as the Southwesterly 82 feet of Lot 6 of Tract No. 456, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 17 Page(s) 9 of Miscellaneous Maps in the Office of the County Recorder of said County, except the Southeasterly 150 feet thereof, requesting approval of a seven -unit residential condominium project. The following approvals are requested or required to implement the project as proposed: a. A tentative tract map pursuant to Newport Beach Municipal Code (NBMC) Chapter 19.12 (Tentative Map Review) to allow the individual sale of each dwelling unit as a condominium; and b. A major site development review pursuant to Table 5-2 of NBMC Section 20.52.080(B) (Site Development Reviews) for construction of five or more dwelling units with a tentative tract map; WHEREAS, the subject property is designated Multiple -Unit Residential (RM) by the Land Use Element of the General Plan and located within the Multi -Unit Residential Detached (RM -D) Zoning District; WHEREAS, the subject property is not located within the coastal zone; WHEREAS, a public hearing was held by the Planning Commission on November 17, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the conclusion of the public hearing, the Planning Commission voted to adopt Resolution No. 2036, approving the project; WHEREAS, on December 1, 2016, a neighbor living adjacent to the subject property appealed the Planning Commission's decision to the City Council; WHEREAS, the neighbor's appeal of Major Site Development Review No. SD2016-002 was timely because it was made within the fourteen -day appeal period provided in NBMC Section 20.64.030(6); however, the appeal of Tentative Tract Map No. NT2016-003 was not timely because it was past the ten-day appeal period provided in NBMC Sections 19.12.050 and 20.64.030(B)(1); WHEREAS, due to the timing of the appeal, Tentative Tract Map No. NT2016-003 is final and not subject to appeal, and the only item before the City Council is an appeal of Major Site Development Review No. SD2016-002; and 7-52 Resolution No. 2017-15 Page 2 of 8 WHEREAS, a public hearing was held by the City Council on February 28, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to consider the appeal. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby uphold the Planning Commission's approval of Major Site Development Review No. SD2016-002 subject to the conditions of approval attached as Exhibit "A," and incorporated herein by reference. The City Council's decision is made in accordance with NBMC Sections 20.52.080(F) (Site Development Reviews — Findings and Decision), and is supported by the following findings and facts: Finding A. The proposed development is allowed within the subject zoning district. Fact in Support of Finding: The subject property is located within the RMD Zoning District, which principally provides for areas appropriate for multi -unit residential developments exclusively containing detached dwelling units. The proposed multi -unit residential development is replacing and improving an existing multi -unit residential development. Although the proposed development does not contain detached dwelling units, the project is consistent with the General Plan and any applicable development standards within the Zoning Code and is allowed in the RMD Zoning District. Finding: B. In compliance with all of the applicable criteria identified in NBMC Subsection j2 0.5 2.O 8 0 f(C) (2) (c) a. Compliance with this Section, the General Plan, the Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design; C. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and f. The protection of significant views from public right(s)-of-way and compliance with NBMC Section 20.30.100 (Public View Protections). 7-53 Resolution No. 2017-15 Page 3 of 8 Facts in Support of Finding: The Land Use Element of the General Plan designates the subject property as RM, which is intended primarily for multi -family residential developments containing attached or detached dwelling units. The proposed multi -unit residential development is consistent with the General Plan designation. 2. The proposed development complies with the development standards of RMD Zoning District. The proposed buildings are approximately 33 feet tall, which complies with the maximum height limitation. The buildings also meet all required setbacks and common and private open space requirements. Seven, two -car garages and four uncovered guest parking spaces are proposed for the development, which meets the Zoning Code required parking. 3. The proposed development will incorporate consistent architectural design such that all structures on the property are unified. Architectural treatment will harmonize with the surrounding neighborhood. 4. The proposed site layout maintains the existing vehicular access from Santa Ana Avenue. The site layout and guest parking area allow vehicles sufficient space to turn around on-site. Pedestrian access to the site is available along Santa Ana Avenue along an existing public sidewalk. 5. The Public Works Department has reviewed and approved the site plan, proposed improvements, parking configuration, and access driveway subject to the conditions of approval. 6. The 20 -foot front setback and site layout provide for additional landscaping opportunities immediately adjacent to the street. As conditioned, all landscaping will comply with NBMC Chapter 14.17 (Water -Efficient Landscaping). 7. The subject property is not located at or near a public view point or corridor as identified in the General Plan Figure NR3 (Coastal Views); and therefore, is in compliance with NBMC Section 20.30.100 (Public View Protections). Finding: C. Not detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Facts in Support of Finding: A similar multi -unit residential development has existed at this location since 1975, according to County records. The proposed seven -unit residential condominium development will replace and improve the existing development. The amount of traffic to and from the site will not significantly change. 7-54 Resolution No. 2017-15 Page 4 of 8 2. The proposed development will comply with all Building, Public Works, and Fire Codes. The project will also comply with all City ordinances and conditions of approval. 3. The project has been conditioned to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: This action is categorically exempt under Section 15332, of the State of Califomia Environmental Quality Act (CEQA) Guidelines — In -fill Development because it has no potential to have a significant effect on the environment. In this case, the project is consistent with the General Plan Land Use Element category of RM as well as the RM -D Zoning District. Residential condominiums are an allowed use in the land use category designation as well as in RM -D. The project site area is less than five acres and surrounded by residential development and a golf course. The lot is substantially developed and is not within environmentally sensitive areas. The proposed project was reviewed by the Public Works Department and concerns with traffic were not found. Further, a traffic study was not required under the City's Traffic Phasing Ordinance (TPO). No significant effects are anticipated with regard to noise or air quality as the proposed project will be replacing an existing multi -family development. A preliminary water quality management plan (WQMP) was reviewed and approved to address potential water quality issues. The project was also reviewed by the Public Works and Fire Departments and it was determined the lot maintains adequate access to utilities and public services. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. 11 11 11 11 11 11 7-55 Resolution No. 2017-15 Page 5 of 8 ADOPTED this 281h day of February, 2017 Kevin Muldo Mayor ATTEST: r 1l�U►I !� PQ�� Leilani I. Brown V O City Clerk ,� `�' APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment: Exhibit A — Conditions of Approval 7-56 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division Resolution No. 2017-15 Page 6of8 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. A copy of the Resolution, including conditions of approval listed as Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 5. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Site Development Review file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Site Development Review and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 6. Prior to the issuance of building_ permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. Compliance with Newport Beach Municipal Code Chapter 14.17 (Water -Efficient Landscaping) shall be appropriately demonstrated. 7. Prior to the issuance of buildinq permits, the fair share traffic contribution in effect at the time shall be paid in accordance with the Municipal Code. 8. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. 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. 9. Building owners and tenants shall keep the building exteriors and facades clean and in good repair. 7-57 Resolution No. 2017-15 Page 7 of 8 10. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 11. Prior to the issuance of building permits the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are "1" or less at all property lines. 12. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 13. 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. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 14. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 15. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all 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 Santa Ana Avenue Cottages including, but not limited to, Major Site Development Review No. SD2016-002 (PA2016-069).This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages 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. 16. Prior to submittal for building permits, the applicant shall submit revised elevations reflecting smooth stucco and enhanced architectural features for review and approval of the Planning Division. If the Planning Division determines the revisions do not meet the intent of the City Council's action, the design shall be submitted to the City Council for review. 7-58 Resolution No. 2017-15 Page 8 of 8 Public Works Department 17. An encroachment permit shall be required for all work activities within the public right- of-way. An encroachment agreement shall be required for any private improvements installed within the public right-of-way. 18. All on-site drainage shall comply with the latest City water quality requirements. 19. All improvements shall comply with the City's sight distance requirement per City Standard 110-L. 20. The parking layout and drive aisles shall comply with City Standards STD -805 -L-A and STD -805 -L -B. Dead end drive aisles shall provide a dedicated turnaround space and a five-foot minimum clear paved hammerhead/drive aisle extension. The drive aisle shall be a minimum of 26 feet wide. Fire Department 21. Adequate emergency access shall be required pursuant to California Fire Code Section 503.1. 22. Pursuant to California Fire Code Section 507.1, an approved water supply capable of supplying the required fire flow far fire protection shall be provided to the premises upon which the buildings are to be constructed. 23. An automatic fire sprinkler system shall be installed in compliance with California Fire Code Sections 903.2.8 and 903.2.18. Building Division 24. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 7-59 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2017-15 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 28th day of February, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: Council Member Diane Dixon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 1 st day of March, 2017. 4��J,bolv, L.eilani I. Brown, MMC ` City Clerk Newport Beach, California (Seal) 4 �EW�O'� Q U `!%K 7-60