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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 },, ' I 1 _ (FOR CONDOMINIUM PURPOSES) __ _ MAW EX: }� 1 c; _ ..PATH .. :_. .:.. 79 WW 275.94' RENO-VEDApDM .;V"l-»-i` `•' \� n \\ N K15 \J - ® n ry I yPRA SFORMER � �"c EXISTING EASEMENTS /f NEWPORT O FASHION gpsp0 T q0 S I sr BLDG AT GRADE GBLDG RADE ELOW PROP PRIVATE I I �'.. (TO BE ABANDONEDIQUITCLAIMED) / COBEACH UNTRY ISLAND \ I FH (CONNECT TO BUILDING) JI OEASEMENT 5 FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL , CLUB ?TWATER TO L - - - - --- BPROPAS N CATCH k. THERETO, (AS GRANTED IN A DOCUMENT: BE REMOVED I :-� GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY LOCATION MAP 1 5' MIN PURPOSE: UNDERGROUND ELECTRICAL SUPPLY AND NTS Q • SETBACK / I - RECORDING DAT COMMUNICATION SYSTEMS I 301N EX WATER E: MARCH 17, 1977 s ExlsnNc BUILDING / L--- — GENERAL NOTES 1 I RECORDING NO: IN BOOK 12108, PAGE 671, OFFICIAL TO BE REMOVED I ',1 f SEX WATER "f RECORDS 8411' -- AFFECTS: A PORTION OF SAID LAND AS MORE 1 EXISTING LAND USE: ORANGE COUNTY MUSEUM OF ART / _ -'+. 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. ' I I SETBACK THERETO, AS GRANTED IN A DOCUMENT: AREAS R "` I ,= GRANTED TO: CITY OF NEWPORT BEACH------- 1—�V�\\'i PURPOSE: SEWER AND WATER MAINTENANCE v j RECORDING DATE: JULY 19. 1977 GROSS AREA = 86,942 SF 2.00 AC PATH » r- \ {'i- RECORDING NO: IN BOOK 12296, PAGE 1131, OFFICIAL LOT 1 RESIDENTIAL CONDOS = 86,942 SF (2.00 Ac) J.)d.H. 1 > -EJ A , / BLDG BELOW I ' '� RECORDS -� 2 .GRADE ,-,I F• lI' .( ,; AFFECTS: A PORTION OF SAID LAND AS'MORE '-• a �' J BLDG AT ' I 3 =- �, PARTICULARLY DESCRIBED IN SAID - -- t � PODIUM LEVEL ' 1� DOCUMENT FLOOD ZONE X BLDG AT IGRADfr SIOAP�W'TR THIS PROPERTY IS IN ZONE "X" OF THE FLOOD INSURANCE RATE MAP, MAP NO. j ------"' J- I I 06059CO382J PANEL DATED DECEMBER 3 2009. .. m LOT 1._.. \U"Y i PROP 6" FlR� 1 OWNER WATER I +- 34 -PRO BATCH OCMA URBAN HOUSING, LLC W I Ex. R I _.. 35.z' R/W 38.5. SUBDIVIDER -} BLDG 0 PODIUM s' I I w I LEVEL , — 1 I L - .- I THE RELATED COMPANIES 7;: 25.2' 12,5' 26' 26' 18201 VON KARMAN AVE., SUITE 900 IRVINE, CA 92612 PRO FW 8.5' 4' ` PHONE: (949) 660-7272 4 _ _ _ _ _ I CONTACT: STEVEN OH - I I LEX. PARKWAY a I ,��-----------t- - } ..gel TCH... .... L __ EX. PA PRO ::WROP EX. WALK PAR GSL 1 BLDG CIVIL ENGINEER 3 FUSCO SLASOR, P.E. PROP,#10DU FUSCOE ENGINEERING. INC. �wETUND; SAN CLEMENTE A 6795 VON -RMAN. SURE 100 I n IRVINE, CA 92506 s WP ey SCALE: 1 "=20' PHONE: (949) 474-1960 n y FAX: (949) 474-5315 � 7bYre I - EXISTING BUILDING TO BE REMOVED (PROP MODU - ._..P. LEGEND wEITLAND-- el_ UG M LEVEL �� i `i Z SITE ADDRESS �I /L--- NEWPORT BEACH, CA DRIVE850 SAN CLEMENTE 92660 — - - — RIGHT OF WAY/PROPERTY LINE BF BACKFLOW , (BLDG AT GRADE I I I FyRDp ETAINING LOT LINE BLDG BUILDING ��:L F - - CENTER LINE CB ENTER UCATCH NE LEGAL DESCRIPTION ----- -- EXISTING EASEMENT OW DOMESTIC WATER PARCEL 2 OF THE PARCEL MAP, IN THE CITY OF NEWPORT BEACH, COUNTY OF - I. •. (("Ij.. i. Ir 1 _-____-__ EASEMENT ORANGE. STAT E A , OF PARCEL MAPS. IN THE OFFICE OF THE COUNTY RECORDER E OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 87, i t PROPOSED WATER ESMT EASEMENT P GES 8 AND 9 OF. �.- -g. _....�.��...... -. --...—...—•„---...-- RETAINING WALL EH TIRE EXISnNDRAM SAGE COUNTY. -. i i i PODIUM LEVEL �• I PROP 5' ® CONTOUR LINES FW FIRE WATER EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL i I m WTR ESMT -- GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, -OUTLET TO E% 3 / i I. ,... I r --- - -- --- PROPOSED PUBLIC WATER L LENGTH GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, ( L,1 MW MODULAR WETIAND THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT CU R-- '^,h i I I _.......:x;: _a .-. PRIVATE STORM DRAIN LINE OF DRILLING. MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN - I _ - # + P/L PROPERTY UNE AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE PROP SEWER," -----=------ ' I I DIRECTION OF FLOW ---- -ice-r----- ---- -= -- -- --1- -� R RADIUM RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER CLEANOUT j s` i' I EX SEWER 3 I ....... n .... ........ EXISTING WATER MAIN R/W RIGHT OF WAY THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAHS INTO, THROUGH A `;,. ___. _ ,; -_ I f TO BE REMOVED_ _ — _ OR ACROSS THE SUBSURFACE OF THE SAID LAND AND TO BOTTOM SUCH .S - J- r �1 I - EXISTING SEWER MAIN SO STORM DRAIN WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER +- PROPS PRNATE y I tZ t • UTIL UTILRY AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, ' I SEWER p ---- i --7�- ----- ¢ ' --- - --- ------ - -- - ---} -{---- II {I - _ _ EXISTING STORM DRAIN RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR -•^' �' ' A � �U - --- I 1 _.EXISTING CABLE TV LINE ® TREE MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE. STORE. EXPLORE AND5 MIN ------ 1_._EX SEWER --- — av �� OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE LGOUS6 1 EXISTING ELECTRI LINE OF SAID LAND, AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDEDSETBACK �HOUSEI + JJ ev --- a•v `--DGPT-- _ __, I 1 'j - FEBRUARY 28, 1977, IN BOOK 12085, PAGE 1561, OF OFFICIAL RECORDS. i �CLRADEBELOW� — — --- -' - - ur -4 EXISTING TRAFFIC SIGNAL CONDUIT - _... ---- '�I L -_. EXISTING GAS LINE BASIS OF BEARINGS EXISTING TELEPHONE LINE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN O.C.S. EXISTING STREET LIGHT HORIZONTAL CONTROL STATION GPS S ON AND STATION GPS XOF T BEING „ NORTH 03'13'27" WEST PER RECORDS ON FILE IN THE OFFICE OF THE - _. Tb EX. R fiROP_ _ I _r PROP ENC - � w :; � � 20' �_ � " z^R_ • � as jB DRAIN I -SEWER y �/ , e> = ORANGE COUNTY SURVEYOR. PROP MODU -i-- a -.- / PROP N79'22'13"W 232.01 - __� _._ .__. _... _ _ _ BENCH MARK —JJ 'ETuno-- ----- -- -- '" n ` -® - - I _ z _ FH ® _ _- _ -,- Q ---�®� .t _ _ _ - BENCHMARK DESIGNATION: OCPW VERTICAL CONTROL -DCS 1995 ADJUSTMENT PROP SEWER` \ _. _ ;-.._._. .. ....._ n.,, z , r y „z . - __ - --CLEANOUT— '^- PROP DRIVEWAY - EX • TO BE ELEVATION. 119.926 FEET (NAV088) o r ;' 50" a PROP 6" FIRE. .' PROP 2" OCATED - DESCRIPTION FOUND 3-3 4 OCS ALUMINUM BENCHMARK DISK STAMPED EX 47H WATER IRR10ATI WATER / " I` ' � "3N-56-77", SET IN THE TOP NORTHERLY CORNER OFA 4.5 FT. o V E PRO% 4" ` P P DRIVEWAY BY 8 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN ffTllf W- SAN CLEMENTE DR DOMESTIC WATER l r L .- , _ - _ - - - - W 20' THE SOUTHEASTERLY PORTION OF ITHEI INTERSECTIONOF THE y -•ti— - a• x - 16+89{78 +Q 16+00 15 00 14+00 JAMBOREE ROAD AND SAN JOA U N HILLS ROAD SE IN • - t-- -- z" -- =':s ---- - O O O CENTER MEDIAN FOR SAN JOAQUINNORTHWESTERLY HILLS ROAD, 14 FT. � SOUTHEASTERLY OF THE NORTHWESTERLY NOSE OF THE MEDIAN 20' 0' 1 2 40' "e SCALE 1 - 20 AND 4 FT. NORTHERLY OF THE SOUTHERLY CURB FACE OF THE - MEDIAN. MONUMENT IS SET LEVEL WITH THE SIDEWALK. 'z \ DATE 08/02/20I6 E VESTING TENTATIVE i / SCALE' AS SHOWN _ f F U C JOB N 0622-013 " ✓1CO C ire` 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 (Seal) aEwPoRr a et* ��q<1F00.N�P