HomeMy WebLinkAbout2016-129 - Approving Tentative Tract Map No. NT2016-001 for the 100-Unit Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152)RESOLUTION NO. 2016-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP NO. NT2016-001 FOR THE 100 -UNIT MUSEUM
HOUSE RESIDENTIAL PROJECT LOCATED AT 850 SAN
CLEMENTE DRIVE (PA2015-152)
WHEREAS, an application was filed by Related California Urban Housing, LLC
(Applicant) with respect to property located at 850 San Clemente Drive, and legally described
as Parcel 2 of the Parcel Map, in the City of Newport Beach, County of Orange (County),
State of California, as shown on a map recorded in Book 81, Pages 8 and 9 of Parcel Maps,
in the office of the County Recorder of said County;
WHEREAS, the project includes demolition of the existing 23,632 -square -foot Orange
County Museum of Art (OCMA) building to accommodate the development of a 25 -story, 100 -
unit residential condominium building with two levels of subterranean parking. The Applicant
requests the following approvals from the City of Newport Beach (City):
• General Plan Amendment (GPA) — To amend Anomaly No. 49 to remove the
property and to reduce the allowed development from 45,208 square feet to 21,576
square feet (Table LU2 and associated figures), and to change the land use
designation for the property from Private Institutional (PI) to Multi -Unit Residential
(RM -100) with a maximum development limit of 100 units.
• Planned Community Development Plan Amendment (Zoning) — To change the
San Joaquin Plaza Planned Community (PC) land use designation from
Civic/Cultural/Professional/Office to Multi -Unit Residential. The PC amendment also
includes new residential development standards including a 295 -foot height limit
measured from finished grade.
• Tentative Vesting Tract Map — To allow the 100 individual dwelling units to be sold
separately as condominiums.
• Site Development Review — To ensure site development is in accordance with the
applicable planned community and zoning code development standards and
regulations pursuant to Newport Beach Municipal Code (NBMC) Section 20.52.080
(Site Development Reviews).
• Traffic Study — To study potential traffic impacts pursuant to the City of Newport
Beach Traffic Phasing Ordinance.
• Development Agreement —To voluntarily enter into a Development Agreement to
provide surety and consistency in the future development of the Applicant's project.
• Environmental Impact Report (EIR) — To address reasonably foreseeable
environmental impacts resulting from the legislative and project specific discretionary
approvals pursuant to the California Environmental Quality Act (CEQA).
• Revoke Use Permit - To revoke Use Permit No. UP2005-017 (PA2005-086), which
allows beer and wine sales at the museum.
• Revoke Modification Permit - To revoke Modification Permit No. MD2004-059
(PA2004-184), which allows flagpoles/signage beyond that allowed by the NBMC;
Resolution No. 2016-129
Page 2 of 9
WHEREAS, the subject property is located within the PC -19 (San Joaquin Plaza)
Zoning District and the General Plan Land Use Element category is PI (Private Institutional);
WHEREAS, the subject property is not located within the coastal zone;
WHEREAS, a study session was held on April 7, 2016, in the Council Chambers located
at 100 Civic Center Drive, Newport Beach to introduce the project to the Planning Commission.
No action was taken at the study session;
WHEREAS, a study session was held on September 1, 2016, in the Council Chambers
located at 100 Civic Center Drive, Newport Beach to update the status of the project to the
Planning Commission and review the conclusions of the Draft EIR. No action was taken at the
study session;
WHEREAS, a public hearing was held on October 20, 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 NBMC. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, the Planning Commission adopted Resolution No. 2033 by a unanimous
vote of 7-0 recommending approval of the proposed project to the City Council;
WHEREAS, a public hearing was held on November 29, 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 Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the City Council at this public
hearing;
WHEREAS, the City Council adopted City Council Resolution No. 2016-127 approving
General Plan Amendment No. GP2015-001 to amend Anomaly No. 49 to remove the property
and to reduce the allowed development from 45,208 square feet to 21,576 square feet (Table
LU2 and associated figures), and to change the land use designation for the property from
Private Institutional (PI) to Multi -Unit Residential (RM -100) with a maximum development limit of
100 units;
WHEREAS, the City Council adopted Ordinance No. 2016-23 to change the San
Joaquin Plaza PC land use designation from Civic/Cultural/Professional/Office to Multi -Unit
Residential. The PC amendment also includes new residential development standards
including a 295 -foot height limit measured from finished grade;
Resolution No. 2016-129
Page 3 of 9
WHEREAS, a tentative tract map is requested for residential condominium purposes,
to create 100 condominium units. In accordance with NBMC Section 19.12.070 (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 subdivision is consistent with the amended Multiple -Unit Residential (RM) General
Plan land use designation and amended PC -19 (San Joaquin Plaza PC Development
Plan) Zoning District.
2. The Tentative Tract Map provides for the development of residential condominium
project located in a mixed-use area developed with residential, office and service/retail
uses.
3. The Public Works Department has reviewed the proposed tentative map and found it
consistent with NBMC Title 19 and applicable requirements of the Subdivision Map
Act.
4. Conditions of approval have been included to ensure compliance with NBMC Title 19.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The site has a gentle sloping condition from the front (San Clemente Drive) towards the
rear. The building design accommodates this slope by with a podium wall at the westerly
and northerly sides that maintain 10 -foot setbacks. A caisson retaining wall along the
easterly property line adjacent to the parking structure and a portion of the adjoining
apartment development accommodates the design of the emergency/service access
road. The site is safe and suitable for development. The site is not located in a flood
zone. The geotechnical feasibility study and geotechnical report provides additional
recommendations for construction of the project. Additional analysis of the structural
design will be completed prior to the issuance of building permits.
Resolution No. 2016-129
Page 4 of 9
2. The approximate two -acre site is large enough to accommodate 100 units while providing
sufficient landscape, setback and useable open space areas as well as vehicle access
and guest parking areas that meet applicable standards. The existing developed site is
devoid of natural resources, and it is located in an area that provides adequate access to
roadways and utilities.
3. The General Plan designates the properties to north as mixed-use and an apartment
community is currently under construction. Other multi -family residential uses are been
developed in the Newport Center area and have proven suitable for the area.
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.
Facts in Support of Finding:
1. Under existing conditions, the project site and surrounding land areas are fully developed
with urban uses and do not contain sensitive biological resources. The on-site vegetation
is ornamental in nature, including trees and shrubs, groundcover, and vines growing on
the existing building's facades and screen walls. Compliance with standard construction
practices including avoiding removal of trees and vegetation during nesting season will
ensure protection of any indigenous or migratory nesting birds during the construction.
2. No natural drainages traverse the property and no potential jurisdictional waters or
wetlands areas are present on or immediately adjacent to the site.
3. An EIR (SCH No. 2016021023) was prepared for the proposed project. On the basis of
the entire environmental review record, the proposed project will have a less than
significant impact upon the environment, with the exception of temporary construction
noise, with the incorporation of mitigation measures for air quality, cultural resources,
geology and soils. The mitigation measures identified in the Final EIR are feasible and
reduce potential environmental impacts to a less than significant level.
Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Resolution No. 2016-129
Page 5 of 9
Facts in Support of Finding:
1. At full build -out, air quality and greenhouse gas emissions associated with construction
of the project will be less than significant, as documented in the Final EIR.
2. Mitigation measures identified in the Final EIR reduce potential impacts associated
with air quality, cultural resources, geology and soils, and transportation and traffic to a
level of less than significant.
3. Although a significant unavoidable impact related to construction noise has been
identified, mitigation measures have been included to reduce the impact as much as
feasibly possible. The impact is short term and no long term or permanent impacts
related to noise have been identified.
4. No evidence is known to exist that would indicate that the planned subdivision pattern will
generate any serious public health problems.
5. All construction for the project complies with Building, Public Works, and Fire Codes.
Public improvements will be required of the developer per NBMC Section 19.28.010
and Section 66410 et seq. of the Subdivision Map Act. This project shall comply with
all ordinances of the City and all conditions of approval.
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. Public improvements, consisting of the reconstruction of the curb, gutter, and
sidewalks, three curb cuts along the San Clemente Drive frontage, and street trees
along San Clemente Drive will be required of the applicant per the NBMC and the
Subdivision Map Act. Sewer and water connections will be provided for the project as
approved by the Public Works Department.
2. The existing sewer easement is no longer necessary and will be abandoned. The
existing water easement will be abandoned and a new water easement, integrated into
the design of the project, will be established.
Resolution No. 2016-129
Page 6 of 9
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act,
if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a
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 project site does not contain prime farmland, unique farmland, or farmland of
statewide importance and no portion of the project site is covered by a Williamson Act
contract.
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 has been repealed by the
Legislature. However, this project site is not considered a 'land project' as previously
defined in Section 11000.5 of the California Business and Professions Code because
the project site does not contain 50 or more parcels of land nor is it located within the
boundaries of a specific plan.
Finding:
H. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map
Act.
Fact in Support of Finding:
The proposed Tentative Tract Map and improvements are subject to Title 24 of the
California Building Code that requires new construction to meet minimum heating and
cooling efficiency standards depending on location and climate. The Community
Development Department enforces Title 24 compliance through the plan check and
inspection process.
Resolution No. 2016-129
Page 7 of 9
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:
There are no existing dwelling units on the project site. Rather, the proposed project
includes the construction of 100 new condominium units to contribute to the City's
population needs, and 100 units above what is included in the General Plan, prior to
the approved amendment. The applicant will be responsible for the payment of
appropriate traffic fair share, San Joaquin Transportation Corridor, park, and
development agreement public benefit fees for the development of these new dwelling
units as conditions of approval.
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. A National Pollutant Discharge Elimination System (NPDES) permit is required from the
Regional Water Quality Control Board (RWQCB) for the proposed construction activities.
A permit is required for all construction activities that include clearing, grading, and/or
excavation that disturb at least one acre of total land area. Additionally, a Water Quality
Management Plan (WQMP) has been prepared, pursuant to the requirements of the
NPDES permit.
2. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality
Control Program involves the preparation and implementation of a SWPPP for
construction -related activities, which would specify the Best Management Practices
(BMPs) that the project would 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.
3. Sewer connections have been 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.
Resolution No. 2016-129
Page 8 of 9
4. The sewer analysis determined that a 12 -inch vitrified clay pipe (VCP) sewer line
would be needed to replace the existing 8 -inch VCP in the downstream reach in Santa
Barbara Drive. Thus, the project would install a 12 -inch VCP sewer pipe at this
location to connect with the Orange County Sanitation District sewer system. With this
improvement, there will be adequate sewer system capacity to serve the requirements
of the project.
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 project site is not located within the Coastal Zone.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the Planning
Commission and has determined that modifications proposed by the City Council, if any, are
not major changes that require referral back to the Planning Commission for its
recommendation.
Section 2: The City Council of the City of Newport Beach hereby approves Tentative
Tract Map No. NT2016-001, as set forth in Exhibit "A", subject to the conditions of approval
set forth in Exhibit "B." Both exhibits are attached hereto and incorporated herein by
reference.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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 5: CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Resolution No. 2016-129
Page 9 of 9
The Museum House Project Final EIR (SCH No. 2016021023) was prepared for the
project in compliance with CEQA, the State CEQA Guidelines, and City Council Policy K-3.
By Resolution No. 2016-126, the City Council, having final approval authority over the project,
adopted and certified as complete and adequate the Museum House Project Final EIR (SCH
No. 2016021023) and adopted "Mitigation Monitoring and Reporting Program." Resolution
No. 2016-126 is hereby incorporated by reference.
Section 6: This resolution shall take effect immediately upon the effective date of City
Council Ordinance No. 2016-23 adopting Planned Community Development Plan No.
PC2015-001 and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 29"h day of November, 2016.
W -11-Z
lane B. Dixon
Mayor
ATTEST:
41-
Leilalff I. Brown
City Clerk
APPROVED AS TO FORM:
CITY AT ORNEY'S OFFICE
ZZ (c,)
Aaron C. Harp
City Attorney
Exhibit A: Tract Map No. NT2016-001
Exhibit B: Conditions of Approval
EXHIBIT "A"
Tract Map No. NT2016-001
r'I "VESTING TENTATIVE TRACT MAP NO 17970
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA
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BE REMOVED I :-� GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY LOCATION MAP
1 5' MIN PURPOSE: UNDERGROUND ELECTRICAL SUPPLY AND NTS
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/ _ -'+. PARTICULARLY DESCRIBED IN SAID 2. PROPOSED LAND USE: CONDOMINIUMS
I I I DOCUMENT. 3, SEWAGE DISPOSAL SERVICE IS PROVIDED BY CITY OF NEWPORT BEACH
4. WATER SERVICE IS PROVIDED BY CITY OF NEWPORT BEACH
®EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL S. THERE ARE NO AREA'S SUBJECT TO INUNDATION OR STORMWATER OVERFLOW.
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EXISTING STREET LIGHT HORIZONTAL CONTROL STATION GPS S ON AND STATION GPS XOF T BEING
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'z \ DATE 08/02/20I6 E
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TRACT MAP NO. 17970 DRAWN:: MI
E N G I N E E R I N G CITY OF NEWPORT BEACH CHECKED: OS -
NO. DATE REVISION DESCRIPTION F u 1 1 c l e t h i n k i n g SHEET 1 OF 1
IG CANYON
COUNTRY
CLUB
EXHIBIT "B"
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
A Tract Map shall be recorded. The Map shall be prepared on the California
coordinate system (NAVD88). Prior to the recordation of the Map, the
surveyor/engineer preparing the Map shall submit to the County Surveyor and
the City of Newport Beach a digital -graphical file of said map in a manner
described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision
Code and Orange County Subdivision Manual Sub article 18. The Map submitted
to the City of Newport Beach shall comply with the City's CADD standards.
Scanned images will not be accepted.
2. Prior to the 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 Section 7-9-330
and 7-9-337 of the Orange County Subdivision Code and the Orange County
Subdivision Manual, sub article 18. Monuments (one inch iron pipe with tag shall
be set on each lot corner unless otherwise approved by the Subdivision
Engineer). Monuments shall be protected in place if installed prior to completion
of the construction project.
3. Vesting Tract Map No. 17970 shall expire 24 months from the date of approval
pursuant to NBMC Chapter 19.16.010, unless an extension is otherwise granted by
the City for the period of time provided for in the Development Agreement pursuant
to the provisions of California Government Code Section 66452.6(a).
4. Prior to recordation of the tract map,
dwelling units (currently $26,125.00
Resolution No. 2007-30.
Park Fees shall be paid for the 100 new
per unit) in accordance with City Council
5. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
6. The approximate 82 -foot existing 8 -inch VCP in Santa Barbara Drive at
Jamboree shall be replaced with a 12 -inch VCP sewer line as determined by the
Sewer Analysis Report.
Reconstruct the existing broken and/or otherwise damaged concrete sidewalk
panels, curb and gutter along the San Clemente Drive frontage.
8. Each unit shall be served by its individual water meter and sewer lateral and
cleanout. Each water meter and sewer cleanout shall be installed with a traffic -
grade box and cover. Water meter and the sewer cleanout shall be located within
the public right-of-way. Alternatively, if a waiver is approved by the Public Works
Department, the building may be served by one water meter and sewer lateral.
9. All unused sewer laterals to be abandoned shall be capped at property line. If
the sewer lateral to be abandoned has an existing cleanout, abandonment shall
include removal of the cleanout riser, the 4TT box and the wye. Sewer lateral
shall then be capped where the wye used to be.
10. A new sewer cleanout needs to be installed on the proposed sewer lateral per
STD -406-L adjacent to the property line in the San Clemente Drive public right-
of-way.
11. Per Chapter 13 of the NBMC, 36 -inch box street trees shall be planted along the
San Clemente Drive frontage. Tree species shall be per Council Policy G-6.
Quantity and location of tree to be determined by Municipal Operations
Department at plan check.
12. All improvements, including the proposed monument signage and landscaping,
shall comply with the City's sight distance requirement. See City Standard 110-L
and Municipal Code 20.30.130.
13. 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.
14. All on-site drainage shall comply with the latest City Water Quality requirements.
15. The parking structure and drive approaches shall be constructed per City
Standards.
16. No permanent structures can be built within the limits of the proposed and
existing easements.
17. All proposed street trees to be located at least 10 feet away from all utility
services and driveway approaches.
18. No temporary or permanent structural encroachments will be permitted within the
public right-of-way or city easement areas, including but not limited to, caissons,
tie -backs, shoring, etc. No excavation will be permitted within the public right-of-
way as part of the foundation shoring installation.
19. Prior to the recordation of the Tract Map, a Subdivision Agreement shall be
obtained and approved by the City Council.
20. Prior to Final 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.
21. Prior to commencement of demolition and grading of the project, the applicant
shall submit a construction management and delivery plan to be reviewed and
approved by the Public Works Department. The plan shall include the following:
• Provide detail on planned lane closures, including scheduling and duration;
• Detail applicable lane closure restrictions during peak hours and holiday
periods and noticing to surrounding property owners and tenants;
• Provide measures to prevent blocking of surrounding property access points
(due to construction vehicle queuing, etc.);
• Document specific off-site parking locations for construction workers;
• Project phasing;
• Parking arrangements for off-site parking location and on-site during
construction;
• Anticipated haul routes; and
• All materials transported on and offsite shall be securely covered to prevent
excessive amounts of dust or dirt.
Upon approval of the plan, the applicant shall be responsible for implementing
and complying with the stipulations set forth in the approved plan.
22. During the construction process, truck hauling shall be prohibited during the PM
peak hour after 4:00 p.m.
23. Prior to commencement of demolition and grading of the project, traffic control
and truck route plans shall be reviewed and approved by the Public Works
Department before their implementation. Large construction vehicles shall not be
permitted to travel narrow streets as determined by the Public Works
Department. Disruption caused by construction work along roadways and by
movement of construction vehicles shall be minimized by proper use of traffic
control equipment and flagman.
24. Prior to commencement of demolition and grading of the project, an adequate
off-site construction employee parking arrangement shall be finalized.
25. Any lane closures shall be subject to the discretion of the Public Works
Department and require a separate Temporary Street and Sidewalk Closure
Permit. Lane closures shall not occur between Thanksgiving Day and New
Year's Day.
26. City Council approval of Tentative Tract Map No. 17970 is in conjunction with its
approval of Development Agreement No. DA2016-001 for the same project (the
"DA'). Pursuant to Sections 2.2 and 2.4 of the DA and the terms used therein
that are defined in Section 1 of the DA, the "Term" of the DA becomes effective
on the °Effective Date" of the DA. Tentative Tract Map No. 17970 and the DA
comprise parts of a single integrated action and are not severable from one
another. Accordingly, notwithstanding any other provision set forth in Tentative
Tract Map No. 17970 to the contrary, in no event shall the owner, lessee, or other
occupant or any person or entity holding any interest in the subject property
acquire any right to develop or use the subject property as authorized or provided
herein unless and until the Effective Date in the DA occurs and the Term of the
DA commences. In the event the DA is terminated for any reason before the
Effective Date of the DA occurs, including without limitation as a result of the
mutual termination of the DA by the Parties thereto, the occurrence of an
uncured material default under the DA by either Party and a termination of the
DA by the non -defaulting Party, or the failure of the Effective Date of the DA to
occur prior to the deadline set forth in the DA, as said deadline may be extended
by mutual agreement of the Parties to the DA, then in such event Tentative Tract
Map No. 17915 automatically shall become null and void and of no further force
or effect, without any need or requirement for the City to schedule any public
hearings or take any affirmative action or actions to revoke or rescind the same.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Jennifer Nelson, Assistant 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. 2016-129 was duly and regularly introduced before and adopted by the City Council of said
City at a special meeting of said Council, duly and regularly held on the 29th day of November, 2016, and
that the same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon
NAYS: Council Member Petros
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 29fh day of November, 2016.
Assistan�ty CI f
Newport BeacY California
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