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Home My WebLink About19 - Final Tract Map No. 18121 for a Residential Condominium Development Located at 1501 Mesa Drive and 20462 Santa Ana AvenueQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report November 30, 2021 Agenda Item No. 19 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. 18121 for a Residential Condominium Development Located at 1501 Mesa Drive and 20462 Santa Ana Avenue ABSTRACT: The Final Tract Map No. 18121 for Condominium Purposes for a residential condominium development located at 1501 Mesa Drive and 20462 Santa Ana Avenue is now ready for the City Council's consideration of approval. The project Tentative Tract Map and Major Site Development Review were approved by the Planning Commission on March 21, 2019 and the City Council upheld the decision with the adoption of Resolution No, 2019- 73 on August 13, 2019. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Review and approve the Subdivision Agreement for Final Tract Map No. 18121 pursuant to Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute the Subdivision Agreement; c) Review and approve the required construction securities for the Final Tract No. 18121 pursuant to Section 19.36.030 of the Municipal Code, and authorize the Public Works Director to execute and release the securities; and d) Review and approve the Final Tract Map No. 18121 located at 1501 Mesa Drive and 20462 Santa Ana Avenue pursuant to Section 19.60.010 of the Municipal Code. 19-1 Final Tract Map No. 18121 for a Residential Condominium Development Located at 1501 Mesa Drive and 20462 Santa Ana Avenue November 30, 2021 Page 2 DISCUSSION: Back Bay Bungalow LLC., a California limited liability company (Property Owner), is proposing a residential condominium development located at 1501 Mesa Drive and 20462 Santa Ana Avenue (Attachment A). The development consists of the demolition of two existing single-family residences and construction of an eight -unit residential condominium project on an approximately 0.325 -acre site. The project is in the West Santa Ana Heights area of the City of Newport Beach (City), more specifically at the northeasterly corner of the Santa Ana Avenue and Mesa Drive intersection. Tentative Tract Map No. 18121 (City Tentative Tract Map No. NT2017-003) and the Major Site Development Review (SD2017-008) for the proposed development were approved by the Planning Commission on March 21, 2019 (Planning Commission Resolution No. PC2019-008) (Attachment B). On April 3, 2019, a call for review was filed by then Mayor Diane Dixon. On August 13, 2019, the City Council adopted Resolution No. 2019-73, upholding the Planning Commission's approval of Major Site Development Review No. SD2017-008 for an eight -unit residential condominium project (Attachment C). On July 15, 2020, the applicant made the initial submittal for Final Tract Map No. 18121 to the Public Works Department for approval and filing in order to construct the proposed residential condominium development (Attachment D). On October 6, 2021, the applicant submitted construction surety bonds in the amount consistent with the Public Works Department's approved cost estimate in the form acceptable to the City, guaranteeing the completion of the various required public and private improvements. The bonds have been reviewed and approved by the City Attorney's Office and the Public Works Department (Attachment E). The applicant has also satisfied all applicable Tract Map conditions of approval for the residential condominium development. Per Section 19.60.010 of the Newport Beach Municipal Code, the City Council shall review Final Tract Maps. Final Tract Map No. 18121 does 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 (Attachment F). The map also conforms to all requirements of the Subdivision Map Act and the City's Subdivision regulations. FISCAL IMPACT: There is no fiscal impact related to this item. 19-2 Final Tract Map No. 18121 for a Residential Condominium Development Located at 1501 Mesa Drive and 20462 Santa Ana Avenue November 30, 2021 Page 3 ENVIRONMENTAL REVIEW: Planning Commission Resolution No. PC2019-008 and City Council Resolution No. 2019- 76 for this development has determined that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -fill Development) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. The action of approving the final tract map will not be subject to CEQA pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change to the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 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 —Planning Commission Resolution No. PC2019-008 Attachment C —City Council Resolution No. 2019-73 Attachment D —Tract Map 18121 Attachment E —Tract Map 18121 Surety Bonds Attachment F —Tract Map 18121 Subdivision Agreement 19-3 ATTACHMENT A 19-4 RESOLUTION NO. PC2019-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MAJOR SITE DEVELOPMENT REVIEW NO. SD2017-008 AND TENTATIVE TRACT MAP NO. NT2017-003 FOR AN EIGHT -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT LOCATED AT 1501 MESA DRIVE AND 20462 SANTA ANA AVENUE (PA2017- 218) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Anastasios Nikolaou with respect to property located at 1501 Mesa Drive and 20462 Santa Ana Drive, and legally described as a Portion of Lot 5 of Tract Map 456 requesting approval of a major site development review and tentative tract map. 2. The applicant proposes to demolish two (2) existing single-family residences and construct eight (8) new residential condominium units (the "Project"). Each unit will consist of four (4) stories (including a roof deck) with an attached two (2) car garage. The Project includes four (4) on-site guest parking spaces including one accessible parking space. A tract map is requested to merge the two (2) existing lots and allow for each of the eight (8) units to be sold individually as condominiums. 3. The subject property is designated Multiple -Unit Residential ("RM") by the General Plan Land Use Element and is located within the Multi -Unit Residential Detached (RMD) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 21, 2019, in the Council Chambers 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 tc 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 medium density residential ("RMD"). The 19-5 Planning Commission Resolution No. PC2019-008 Page 2 of 17 Project site area is less than five (5) acres and generally surrounded by residential development and a golf course. The lot is substantially developed and is not within environmentally sensitive areas. The Project was reviewed by the Public Works Department and concerns related to traffic were not found. Further, a traffic study was not required under the Citys Traffic Phasing Ordinance ("TPO"). No significant effects are anticipated for the lot with regard to noise or air quality as the Project will be replacing existing single-family developments. 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 both lots maintain adequate access to both utilities and public services. SECTION 3. REQUIRED FINDINGS. Major 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 developmentis allovLed vuthin the subject zoning district Fact in Support of Finding: The subject property is located within the Multi -Unit Residential Detached ("RMD Zoning District'), which provides for areas appropriate for multi -unit residential development consisting of detached units. Although the Project does not contain detached dwelling units, the Project is consistent with the General Plan and applicable development standards of the Zoning Code. Prior to the Zoning Code update of 2010, the properties were zoned RMD, and both attached and detached units were permitted. The Zoning Code update of 2010 erroneously omitted the allowance for attached units, which was not the intent of the update. Thus, both attached and detached units are allowed in the RMD Zoning District. Finding: B. In compliance i4th all of the applicable criteria identified in NEMC Subsection [2 0.5 2.0 8 0](C) (2) (c) a. Compliance vuth 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 vthether the relationship is based on standards of good design,- C. esign,c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; 19-6 Planning Commission Resolution No. PC2019-008 Paae 3 of 17 d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, drivemys, and parking and loading spaces,- e. paces;e. The adequacy and efficiency of landscaping and open space areas and the use of vtater efficient plant and irrigation materials, and f. The protection of significant viem from public right(s)-of-vlay and compliance Mh [NBMC] Section 20.30. 100 (Public View Protection). 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. This designation allows forty-three (43) dwelling units per acre. The eight (8) unit Project is less than the maximum allowable density of approximately thirteen (13) units. 2. The RMD Zoning District allows one unit per 1,000 square feet of lot area. The property is 14,180 square feet in area; therefore, up to fourteen (14) units could be permitted onsite per the Zoning Code Table 2-3 (Development Standards). The General Plan further limits density to a maximum of thirteen (13) units on-site. Thus, the eight (8) unit Project proposes approximately 60 percent of the maximum density allowed on-site, while still providing additional housing opportunities and types within the City. The Project would result in a net increase of six (6) units. 3. The Project complies with the development standards of the RMD Zoning District. The proposed four (4) story buildings are approximately thirty-three (33) feet tall, in compliance with the maximum height limitation of the district. The buildings meet all required setbacks. The Project provides common and private open space, where none is required by the Zoning Code. Approximately 2,245 square feet of common open space is provided in the form of open landscaped areas and a barbeque area. Approximately 1,500 square feet (minimum) of private open space is provided in the form of roof decks. Eight (8), two -car garages and four (4) uncovered guest parking spaces (inclusive of one (1) accessible space) are proposed for the development, which meets the minimum Zoning Code required for parking. 4. The Project will incorporate consistent architectural design such that all structures on the property are unified. The two (2) buildings are almost identical, with the same siding, color scheme, balconies, and awnings. The buildings will appear uniform from Santa Ana Avenue. Architectural treatment will harmonize with the surrounding neighborhood, which includes a range of design themes and architectural styles. 5. The Project provides a varied roof profile, with the fourth floor set back from the side setbacks and interior drive aisle. The fourth floor is both limited in size and setback from the property line, with roof decks on either side of the living space to create more visual relief and reduced building mass. The fourth floor (interior living area) is approximately half the size of the second and third floors below, creating additional relief from the neighboring roadways. The first floor level is partially below grade, with the units along 19-7 Planning Commission Resolution No. PC2019-008 Paqe 4 of 17 Mesa Drive afforded additional privacy due to the lower grade of the ground floor office and garage. Architectural treatment and building articulation is concentrated along Mesa Drive, which is the longest frontage of the property and the most visible to pedestrians and motorists. There is substantial visual interest created through varied materials and colors, such as metal clad siding and a mix of vertical and horizontal lines. 6. The bulk and scale of the structures on-site are compatible with the surrounding RMD properties more recently developed for apartment and condominium use. For example, the adjacent property to the east was approved for similar construction. The adjacent Santa Ana Cottages development at 20452 Santa Ana Avenue was approved for the development of seven (7) condominium units (PA2016-069). Although the approved project contains three (3) stories, it will reach the same maximum height of thirty-three (33) feet as the proposed Mesa Drive Townhomes project. Therefore, the Project will not look out -of -scale with existing and approved development. 7. Existing access for 20462 Santa Ana Avenue is provided via two (2) separate driveways along Santa Ana Avenue on either side of the single-family residence. The proposed site layout would consolidate the curb cuts on Santa Ana Avenue by creating one uniform driveway through the center of the site (i.e. perpendicular to Santa Ana Avenue) . The eight (8) garages would be accessible via this central driveway and drive aisle. Additionally, the Project would remove the existing curb cut and access point for 1501 Mesa Drive property along Mesa Drive. Removal of the driveway and carport along this road would reduce hazards related to residents pulling in and out of the driveway on Mesa Drive. 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. 8. The Public Works Department has reviewed and approved the site plan, proposed improvements, parking configuration, and access driveway subject to the conditions of approval. 9. The twenty (20) foot front setback on Santa Ana Avenue 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). 10. 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 Protection). Finding: C. Not detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or othervuse constitute a hazard to the public convenience, health, interest, safety, or general m1fare of persons residing or working in the neighborhood of the proposed development. Facts in Support of Finding: Planning Commission Resolution No. PC2019-008 Paae 5 of 17 The proposed eight (8) unit project would result in a net increase of six (6) units on the subject properties, where up to thirteen (13) units could be constructed per the General Plan. The amount of traffic to and from the neighborhood will not significantly change. The Project is conditioned to pay fair share traffic fees for the additional dwelling units on the property. A separate fee will be assessed and paid to both the City of Newport Beach as well as the San Joaquin Hills Transportation Corridor Agency ("TCA"). 2. Currently there are large hedges, fences, and other accessory structures that impede visibility at the corner of Santa Ana Avenue and Mesa Drive. The Project would remove all non -conforming features and new structures would comply with Public Works Standard STD 110-L, which provides visibility for pedestrians and motorists at intersections. Additionally, the new structure would comply with all setback requirements for residential development in this zoning district where the existing structure encroaches into the side setbacks along Mesa Drive. All features within the twenty (20) foot front setback along Sana Ana Avenue would be limited to forty-two (42) inches from existing grade. 3. 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. 4. 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 Wth the General Plan and any applicable specific plan, and Vith the applicable provisions of the Subdivision Map Act and the City Subdivision Code. Facts in Support of Finding: 1. The Land Use Element (LU) of the General Plan designates the site as RM, which is intended to provide for areas appropriate for multiple -unit residential developments containing attached or detached dwelling units. This designation allows forty-three (43) dwelling units per acre, which equates to a maximum allowable density of approximately thirteen (13) units. 2. The 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 Project provides common and private open space, where none is 19-9 Planning Commission Resolution No. PC2019-008 Page 6 of 17 required by the Zoning Code. Common open space is provided in the form of open landscaped areas and a barbeque area. Private open space is provided in the form of roof decks. Parking is provided as attached garages integrated with the residential structures, while the guest spaces on the site are uncovered. The Project provides a varied roof profile, with the fourth floor set back from the side setbacks and interior drive aisle. The third floor is also limited in size, with roof decks on either side of the living space to create more visual relief. The units along Mesa Drive have additional privacy due to the lower grade of the ground floor office and garage. Architectural treatment and building articulation is concentrated along Mesa Drive, which is the longest frontage of the property and the most visible to pedestrians and motorists. Consistency with the remaining principles of LU 5.1.9 is ensured through compliance with development standards. 3. The 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 Project includes an attached product type that will contribute to the variety of housing types in Santa Ana Heights and the surrounding areas. 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 NBMC 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 properties contain two (2) residential units and the Project would increase the number of dwelling units to eight (8). The in -lieu park fee would be required for the six (6) 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 (Subdivisions). Finding: B. That the site is physically suitable for the type and density of development. Fact in Support of Finding: The 14,180 -square -foot site is regular in shape, has a slope of less than twenty (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 Project. As required by Condition of 19-10 Planning Commission Resolution No. PC2019-008 Paae 7 of 17 Approval No. 41 (Exhibit "A"), 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 orthe proposed improvements are not likelyto cause substantial environmental damage nor substantially and avoidablyinjure fish or vuldlife or their habitat. Hoviever, notvuthstanding the foregoing, the decision-making bodymay nevertheless approve such a subdivision if an environmental impact report vias prepared for the project and a finding ues 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. Fact in Support of Finding: The 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). 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: 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 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 vull not conflict vNth easements, acquired by the public at large, for access through or use of, property vuthin 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, vull be provided and that these easements v41l be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established 19-11 Planning Commission Resolution No. PC2019-008 Page 8 of 17 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 vuthin 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 the 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 Santa Ana Avenue and Mesa Drive frontage will be required of the applicant pursuant 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 1965 ("Williamson Act"), the resulting parcels follovung a subdivision of the land viould not be too small to sustain their agricultural use or the subdivision vull 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 one hundred (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 vithin the land project; and (b) the decision-making body finds that the proposed land project is consistent vuth the specific plan for the area. Fact in Support of Finding: 1. 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 fifty (50) or more parcels. Finding: 19-12 Planning Commission Resolution No. PC2019-008 Paqe 9 of 17 H. That solar access and passive heating and cooling design requirements have been satisfied in accordance vuth 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 thirty- three (33) feet, which is compatible with the existing and allowed heights of other structures in the area. All of the units are aligned southeast -northwest with sufficient setbacks to provide southern exposure. 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 Wth 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 eight (8) unit Project is consistent with the RM General Plan land use designation, which allows a maximum of thirteen (13) residential units on the property. The increase in six (6) units will improve the City's ability to meet its regional housing goals. Finding: J. That the discharge of mste from the proposed subdivision into the existing sevter system vull 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. 19-13 Planning Commission Resolution No. PC2019-008 Page 10 of 17 2. A Preliminary WQMP has been prepared and approved for the Project. 3. 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 are required 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 Molly vuthin the Coastal Zone, that the subdivision conforms Wth the certified Local Coastal Program and, Mere applicable, vuth public access and recreation policies of Chapter Three of the Coastal Act. Fact in Support of Finding: 1. 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 SD2017-008 and Tentative Tract Map No. NT2017-003 subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen (14) 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 Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 21st DAY OF MARCH, 2019. AYES: Ellmore, Kramer, Lowrey, and Zak NOES: Weigand ABSTAIN: None ABSENT: Kleiman and Koetting 19-14 Planning Commission Resolution No. PC2019-008 Page 11 of 17 Ter) 9 v,e tz- C0A►X- 19-15 Planning Commission Resolution No. PC2019-008 Paoe 12 of 17 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planning Division Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plans, building elevations, and project renderings 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 approval. 4. Prior to the issuance of a building permit, a park fee shall be assessed for the net increase of six (6) additional dvielling units. 5. Prior to the issuance of a building permit, fair share traffic fees shall be assessed for the net increase of six (6) additional dvielling units. 6. Prior to the issuance of a building permit, San Joaquin Hills Transportation Corridor Agency ("TCA) fees shall be assessed for the net increase of six (6) additional duelling units. 7. 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 building permits. 8. The applicant is responsible for compliance with the Migratory Bird Treaty Act ("MBTA"). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within three hundred (300) feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. 19-16 Planning Commission Resolution No. PC2019-008 Page 13 of 17 B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologistto assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 9. Prior to the 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 Major Site Development Review and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 10. 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. 11. 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. 12. 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. 13. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 14. 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. 15. 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. 19-17 Planning Commission Resolution No. PC2019-008 Paqe 14 of 17 16. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 17. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 18. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of NBMC Title 20 Planning and Zoning. 19. 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 Citys approval of Mesa Drive Townhomes including, but not limited to, Major Site Development Review No. SD2017-008 and Tentative Tract Map No. NT2017-003 (PA2017-218). 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. Fire Department Conditions 20. Dumpsters with an individual capacity of two hundred (200) gallons or more shall not be stored in buildings or placed within five (5) feet of combustible walls, openings, or combustible roof eave lines. Dumpsters are not prohibited in areas protected by an approved automatic sprinkler system installed throughout in accordance with NFPA 13 California Fire Code ("CFC") Section 304.3.4. 21. A fire flow shall be determined for the structure per Fire Department Guidelines B.01 CFC Section 507.3. 19-18 Planning Commission Resolution No. PC2019-008 Page 15 of 17 22. A fire alarm system that activates the occupant notification system shall be installed in Group R-2 occupancies where dwelling units, sleeping units are located three (3) or more stories above the lowest level of exit discharge (per CFC 907.2.9). 23. Means of egress shall be accessible per California Building Code ("CBC") Section 1009. 24. Elevators shall be required to accommodate a gurney and meet requirements of CBC Section 3002. 25. An automatic sprinkler system shall be installed in accordance with Section 903.3 throughout all buildings with a Group R fire area (CFC Section 903.2.8). Building Division Conditions 26. 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. Approval from the Orange County Health Department is required priorto the issuance of a building permit. 27. The applicant shall employ the following best available control measures ("BACMs") to reduce construction -related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two (2) feet of freeboard. • Pave or apply water four (4) times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two (2) hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed twenty-five (25) mph. Emissions • Require ninety (90) day low-NOx tune-ups for off road equipment. • Limit allowable idling to thirty (30) minutes for trucks and heavy equipment Off -Site Impacts • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. 19-19 Planning Commission Resolution No. PC2019-008 Paae 16 of 17 Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that South Coast Air Quality Management District (SCAQMD) significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a ten (10) percent soil moisture content in the top six (6) inch surface layer, subject to review/discretion of the geotechnical engineer. 28. Prior to issuance of grading permits, the applicant shall prepare and submit a WQMP for the Project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide. appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 29. Prior to the issuance of grading permits, an erosion control plan shall be submitted and approved. Public Works Department Conditions 30. 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 discussion of Project phasing; parking arrangements for both sites during construction; anticipated haul routes and construction mitigation. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 31. A Tract Map ("Map") shall be recorded. The Map shall be prepared on the California coordinate system (NAD 83). 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 Subarticle 18, respectively. The Map submitted to the City of Newport Beach shall comply with the City's CADD standards. Scanned images will not be accepted. 32. 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 Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Subarticle 18, respectively. Monuments (one (1) 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. 33. Prior to the recordation of the Tract Map, a Subdivision Agreement shall be obtained and approved by the City Council. 19-20 Planning Commission Resolution No. PC2019-008 Page 17 of 17 34. Prior to the Final Tract Map approval, the applicant shall provide a Faithful Performance Bond and a Labor and Materials Bond, each for one hundred (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. 35. An encroachment permit is required for all work activities within the public right-of-way. 36. All improvements shall comply with the City's sight distance standard STD -11-L. Walls within the limited use area shall be limited to less than thirty-six (36) inches in height and planting within the limited use area shall be limited to twenty-four (24) inches in height maximum. 37. In case of damage done to public improvements surrounding the development site by the private construction, said damage shall be repaired and/or additional reconstruction within the public right-of-way may be required. 38. All on-site drainage shall comply with the latest City water quality requirements. 39. The parking garage layout and drive aisles shall comply with City Standard STD -805 -L- A and STD -805 -L -B. Dead-end drive aisles shall provide dedicated turn around space(s) and a five (5) fool minimum clear paved hammerhead/drive aisle extension. Drive aisle shall be a minimum of twenty-six (26) feet wide. 40. Each unit shall be served by separate water and sewer services, unless otherwise approved by the utility provider. 41. Sewer and water demand studies shall be submitted to the applicable utility providers. Approvals of said studies by the utility provider shall be provided to the City of Newport Beach prior to the recordation of the Final Tract Map. 42. The applicant shall reconstruct the existing curb, gutter, and sidemlk along the entire Santa Ana Avenue and Mesa Drive property frontages. 43. Driveway slopes shall comply with City Standard STD -160 -L -C. 44. The drivevLey design along Santa Ana Avenue shall provide a minimum four (4) foot accessible path around the sloped portion of the driveviay. A pedestrian easement dedicated to the City may be required pending the final driveviay design. 19-21 RESOLUTION NO. 2019-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A MAJOR SITE DEVELOPMENT REVIEW NO. SD2017-008 FOR AN EIGHT -UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED AT 1501 MESA DRIVE AND 20462 SANTA ANA AVENUE (PA2017-218) WHEREAS, an application was filed by Anastasios Nikolaou ("Applicant") with respect to property located at 1501 Mesa Drive and 20462 Santa Ana Avenue, and legally described as a Portion of Lot 5 of Tract Map 456 ("Property") requesting approval of an eight -unit residential condominium project ("Project"). The following approvals were requested to implement the Project as proposed: a. A tentative tract map pursuant to Newport Beach Municipal Code ("NBMC") Chapter 19.12 (Tentative Tract Map Review) to allow the individual sale of each dwelling unit as a condominium; and b. A major site development review pursuant to NBMC Section 20.52.0080(B) (Site Development Reviews) for construction of five (5) or more dwelling units with a tentative tract map; WHEREAS, the Property is designated Multiple -Unit Residential (RM) by the Land Use Element of the General Plan; WHEREAS, the Property is located within the Medium Density Residential (RMD) Zoning District by way of City Council adoption of Ordinance No. 2019-10 which corrected an error that occurred as part of the 2010 Zoning Code Update in the naming of the RMD Zoning District. Specifically, the Ordinance renamed the RMD zoning district from RM -D (Multi -Unit Residential Detached) to RMD (Medium Density Residential) and amended the purpose of the zone to allow for attached dwelling units in addition to detached dwelling units, consistent with the historic zoning and existing pattern of development. Ordinance No. 2019-10 became effective on July 25, 2019; WHEREAS, the Property is not located within the coastal zone; 19-22 Resolution No. 2019-73 Page 2 of 7 WHEREAS, on March 21, 2019, the Newport Beach Planning Commission held a public hearing in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. Notice of the time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et. seq. ("Ralph M. Brown Act") and Chapters 19.12 and 20.62 of 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 (4 ayes and 1 nay) to adopt Resolution No. PC2019-008, approving Site Development Review No. SD2017- 008 and Tentative Tract Map No. NT2017-003; WHEREAS, on April 3, 2019, within the 14 -day appeal period of the Planning Commission's decision to approve Site Development Review No. SD2017-008 a call for review was made by a member of the City Council, Mayor Diane Dixon, in accordance with NBMC Section 20.64.030; WHEREAS, on August 13, 2019, the City Council held a public hearing in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the call for review. Notice of the 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; and WHEREAS, pursuant to Chapter 20.64 (Appeals) of the NBMC the City Council public hearing was conducted de novo, meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. 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. SD2017-008 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: Major Site Development Review Finding: A. The Project is allowed within the subject zoning district. 19-23 Resolution No. 2019-73 Page 3 of 7 Facts in Support of Finding. The Project is located within the Medium Density Residential (RMD Zoning District), which provides for areas appropriate for medium density residential development containing attached or detached dwelling units. The Project complies with all development standards for the RMD zone, including height, setbacks, parking, and density. Finding: B. In compliance with all of the applicable criteria identified in Subsection 20.52.080(C)(2)(c) of the NBMC: 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; 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 Protection). Facts in Support of Finding. The Land Use Element of the General Plan designates the Property as RM, which is intended primarily for multi -family residential development containing attached or detached dwelling units. The Project is consistent with the General Plan designation. This designation allows forty-three (43) dwelling units per acre. The eight (8) unit Project is less than the maximum allowable density of approximately thirteen (13) units. The RMD Zoning District allows one unit per 1,000 square feet of lot area. The Property is 14,180 square feet in area; therefore, up to fourteen (14) units could be permitted onsite per the Title 20 of the NBMC ("Zoning Code") Table 2-3 (Development Standards). The General Plan further limits density to a maximum of thirteen (13) units on-site. Thus, the eight (8) unit Project proposes approximately 60 percent of the maximum density allowed on-site, while still providing additional housing opportunities and types within the City. The Project would result in a net increase of six (6) units on the Property. 19-24 Resolution No. 2019-73 Page 4 of 7 The Project complies with the development standards of the RMD Zoning District. The proposed four (4) story buildings are approximately thirty-three (33) feet tall from established grade, in compliance with the maximum height limitation of the district. The buildings meet all required setbacks. The Project provides common and private open space, where none is required by the Zoning Code. Approximately 2,245 square feet of common open space is provided in the form of open landscaped areas and a barbeque area. A minimum of approximately 1,500 square feet of private open space is provided in the form of roof decks. Eight (8), two -car garages and four (4) uncovered guest parking spaces (inclusive of one (1) accessible space) are proposed for the development, which meets the minimum Zoning Code requirements for parking. The Project will incorporate consistent architectural design such that all structures on the Property are unified by a common theme. The two (2) buildings are almost identical, with the same siding, color scheme, balconies, and awnings. The buildings will appear uniform from Santa Ana Avenue. Architectural treatment will harmonize with the surrounding neighborhood, which includes a range of design themes and architectural styles. The Project provides a varied roof profile, with the fourth floor set back from the side setbacks and interior drive aisle. The fourth floor is limited in size and setback from the property line, with roof decks on either side of the living space to create more visual relief and reduced building mass. The fourth floor (interior living area) is approximately half the size of the second and third floors below, creating additional relief from the neighboring roadways. The first floor level is partially below grade, with the units along Mesa Drive afforded additional privacy due to the lower grade of the ground floor office and garage. Architectural treatment and building articulation is concentrated along Mesa Drive, which is the longest frontage of the Property and the most visible to pedestrians and motorists. There is substantial visual interest created through varied materials and colors, such as metal clad siding and a mix of vertical and horizontal lines. The bulk and scale of the structures on-site are compatible with the surrounding RMD properties more recently developed for apartment and condominium use. For example, the adjacent property to the east was approved for similar construction. The adjacent Santa Ana Cottages development at 20452 Santa Ana Avenue was approved for the development of seven (7) condominium units (PA2016-069). Although the approved Santa Ana Cottages project contains three (3) stories, it will reach the same maximum height of thirty-three (33) feet as the proposed Mesa Drive Townhomes project. Therefore, the Project will not look out -of -scale with existing and approved development. 19-25 Resolution No. 2019-73 Page 5 of 7 The existing pattern of development within the RMD zone consists of a mixture of attached apartments and condominiums with some detached single-family residential uses. Specifically, there are seven (7) detached single-family dwelling units (including the subject properties), one detached two -unit development, and eight developments containing about 163 attached dwelling units (inclusive of the Santa Ana Cottages). Thus, the majority of development in the area (RMD zone) consists of attached apartments and condominiums ranging from five (5) dwelling units to 36 dwelling units. The proposed eight (8) unit condominium development would be consistent with the pattern of development in the RMD Zone in terms of density and dwelling type. The Property is located near the Santa Ana Heights Specific Plan area - Residential Multiple Family (1500) District, which is to the east of the Project towards the Back Bay. This zoning district allows for (and is developed with) multi -family uses with 1500 square feet of site area per unit (29 units per acre). The Project contains approximately 1,773 square feet of site area per unit (24.5 units per acre), which is less dense than the nearby Santa Ana Heights Specific Plan multiple family district. Existing access for 20462 Santa Ana Avenue is provided via two (2) separate driveways along Santa Ana Avenue on either side of the single-family residence. The proposed site layout would consolidate the curb cuts on Santa Ana Avenue by creating one uniform driveway through the center of the site (i.e. perpendicular to Santa Ana Avenue). The eight (8) garages would be accessible via this central driveway and drive aisle. Additionally, the Project would remove the existing curb cut and access point for 1501 Mesa Drive property along Mesa Drive. Removal of the driveway and carport along this road would reduce hazards related to residents pulling in and backing out of the driveway on Mesa Drive. 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. The Public Works Department has reviewed and approved the site plan, proposed improvements, parking configuration, and access driveway subject to the conditions of approval. The twenty (20) foot front setback on Santa Ana Avenue 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). The Property is not located at or near a public view point or corridor as identified in the General Plan Figure NR3 (Coastal Views), therefore, is in compliance with NBMC Section 20.30.100 (Public View Protection). 19-26 Resolution No. 2019-73 Page 6 of 7 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, The Project would result in a net increase of six (6) units on the subject properties, where up to thirteen (13) units could be constructed per the General Plan. The amount of traffic to and from the neighborhood will not significantly change. The Project is conditioned to pay fair share traffic fees for the additional dwelling units on the Property. A separate fee will be assessed and paid to both the City of Newport Beach as well as the San Joaquin Hills Transportation Corridor Agency ("TCA"). Currently there are large hedges, fences, and other accessory structures that impede visibility at the corner of Santa Ana Avenue and Mesa Drive. The Project would remove all non -conforming features and new structures would comply with Public Works Standard STD 110-L, which provides visibility for pedestrians and motorists at intersections. Additionally, the new structure would comply with all setback requirements for residential development in this zoning district where the existing structure encroaches into the side setbacks along Mesa Drive. All features within the twenty (20) foot front setback along Sana Ana Avenue would be limited to forty-two (42) inches from existing grade. The Project will comply with all Building, Public Works, and Fire Codes. The Project will also comply with all City ordinances and conditions of approval. 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. 19-27 Resolution No. 2019-73 Page 7 of 7 Section 4: 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, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. In this case, the residential condominium Project is consistent with the General Plan Land Use Element category of RM as well as the RMD Zoning District. The Project site area is less than five (5) acres and generally surrounded by residential development and a golf course. The lot is substantially developed and is not within environmentally sensitive areas. The Project was reviewed by the Public Works Department and concerns related to 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 Project will be replacing existing single-family developments. 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 both lots maintain adequate access to both 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 the resolution. ADOPTED this 13th day of August, 2019. ATTEST: VfA1711/i�WNI/mw Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE j (LAaron arp City Atmel Attachment: Exhibit A — Conditions of Approval iane B. Dixo Mayor 19-28 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planning Division Conditions 1. The Project shall be in substantial conformance with the approved site plan, floor plans, building elevations, and project renderings 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 approval. 4. Prior to the issuance of the final tract may, a park fee shall be assessed for the net increase of six (6) additional dwelling units. 5. Prior to the issuance of a building permit, fair share traffic fees shall be assessed for the net increase of six (6) additional dwelling units. 6. Prior to the issuance of a building permit, San Joaquin Hills Transportation Corridor Agency ("TCA') fees shall be assessed for the net increase of six (6) additional dwelling units. 7. 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 building permits. 8. The Applicant is responsible for compliance with the Migratory Bird Treaty Act ("MBTA"). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within three hundred (300) feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. 19-29 B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 9. Prior to the 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 Major Site Development Review and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 10. 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. 11. 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. 12. The Project 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. 13. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 14. 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. 15. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code ("NBMC"), 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. 2 19-30 16. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 17. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 18. This approval shall expire and become void unless exercised within twenty-four (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 NBMC. 19. 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 Mesa Drive Townhomes including, but not limited to, Major Site Development Review No. SD2017-008 and Tentative Tract Map No. NT2017-003 (PA2017-218). 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. Fire Department Conditions 20. Dumpsters with an individual capacity of two hundred (200) gallons or more shall not be stored in buildings or placed within five (5) feet of combustible walls, openings, or combustible roof eave lines. Dumpsters are not prohibited in areas protected by an approved automatic sprinkler system installed throughout in accordance with NFPA 13 California Fire Code ("CFC") Section 304.3.4. 21. A fire flow shall be determined for the structure per Fire Department Guidelines B.01 CFC Section 507.3. 19-31 22. A fire alarm system that activates the occupant notification system shall be installed in Group R-2 occupancies where dwelling units, sleeping units are located three (3) or more stories above the lowest level of exit discharge (per CFC 907.2.9). 23. Means of egress shall be accessible per California Building Code ("CBC") Section 1009. 24. An automatic sprinkler system shall be installed in accordance with Section 903.3 throughout all buildings with a Group R fire area (CFC Section 903.2.8). Building Division Conditions 25. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 26. The Applicant shall employ the following best available control measures ("BACMs") to reduce construction -related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two (2) feet of freeboard. • Pave or apply water four (4) times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two (2) hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed twenty-five (25) mph. Emissions Require ninety (90) day low-NOx tune-ups for off road equipment. Limit allowable idling to thirty (30) minutes for trucks and heavy equipment Off -Site Impacts • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. C! 19-32 Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that South Coast Air Quality Management District ("SCAQMD") significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a ten (10) percent soil moisture content in the top six (6) inch surface layer, subject to review/discretion of the geotechnical engineer. 27. Prior to issuance of gradinq permits, the Applicant shall prepare and submit a Water Quality Management Plan ("WQMP") for the Project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices ("BMP"s) to ensure that no violations of water quality standards or waste discharge requirements occur. 28. Prior to the issuance of qradinq permits, an erosion control plan shall be submitted and approved. Public Works Department Conditions 29. 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 discussion of Project phasing; parking arrangements for both sites during construction; anticipated haul routes and construction mitigation. Upon approval of the plan, the Applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 30. A Tract Map ("Map") shall be recorded. The Map shall be prepared on the California coordinate system (NAD 83). 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 Subarticle 18, respectively. The Map submitted to the City shall comply with the City's CADD standards. Scanned images will not be accepted. 31. 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 Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Subarticle 18, respectively. Monuments (one (1) 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. 32. Prior to the recordation of the Tract Map, a Subdivision Agreement shall be obtained and approved by the City Council. 5 19-33 33. Prior to the Final Tract Map approval, the Applicant shall provide a Faithful Performance Bond and a Labor and Materials Bond, each for one hundred (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. 34. An encroachment permit is required for all work activities within the public right-of-way. 35. All improvements shall comply with the City's sight distance standard STD -11-L. Walls within the limited use area shall be limited to less than thirty-six (36) inches in height and planting within the limited use area shall be limited to twenty-four (24) inches in height maximum. 36. In case of damage done to public improvements surrounding the development site by the private construction, said damage shall be repaired and/or additional reconstruction within the public right-of-way may be required. 37. All on-site drainage shall comply with the latest City water quality requirements. 38. The parking garage layout and drive aisles shall comply with City Standard STD -805 -L- A and STD -805 -L -B. Dead-end drive aisles shall provide dedicated turn around space(s) and a five (5) foot minimum clear paved hammerhead/drive aisle extension. Drive aisle shall be a minimum of twenty-six (26) feet wide. 39. Each unit shall be served by separate water and sewer services, unless otherwise approved by the utility provider. 40. Sewer and water demand studies shall be submitted to the applicable utility providers. Approvals of said studies by the utility provider shall be provided to the City of Newport Beach prior to the recordation of the Final Tract Map. 41. The Applicant shall reconstruct the existing curb, gutter, and sidewalk along the entire Santa Ana Avenue and Mesa Drive property frontages. 42. Driveway slopes shall comply with City Standard STD -160 -L -C. 43. The driveway design along Santa Ana Avenue shall provide a minimum four (4) foot accessible path around the sloped portion of the driveway. A pedestrian easement dedicated to the City may be required pending the final driveway design. 0 19-34 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; the foregoing resolution, being Resolution No. 2019-73, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 13th day of August, 2019; and the same was so passed and adopted by the following vote, to wit.- AYES: it: AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy Brenner, Council Member Jeff Herdman NAYS: Council Member Kevin Muldoon RECUSED: Council Member Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 141h day of August, 2019. oul,J Leilani I. Brown City Clerk Newport Beach, California Z:21.1 FO1i 19-35 SHEET 1 OF 4 SHEETS LOTS: 1 NUMBERED ACREAGE: 14.177 SQ. FT./0.325 AC. DATE OF SURVEY: SEPTEMBER, 2019 ALL OF THE CITY OF NEWPORT BEACH TENTATIVE TRACT NO. NT 2017-003 OWNERSHIP CER TIFI CA TE.• TRACT NO. 18121 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES ACCEPTED AND FILED AT THE REQUEST OF USA NATIONAL TITLE COMPANY DATE: TIME: INSTRUMENT NO. FEE $ BEING A SUBDIVISION OF A PORTION OF LOT 5 OF TRACT NO. 456, AS BOOK PAGE PER MAP FILED IN BOOK 17, PAGE 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. HUGH NGUYEN MICHAEL BENESH, L.S. 5649 SEPTEMBER 2019 COUNTY CLERK—RECORDER SUR VEYOR'S STA TEMEN T.' BY: DEPUTY 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. BACK BAY BUNGALOW L.L.C., A CALIFORNIA LIMITED LIABILITY COMPANY ANASTASIOS NIKOLAOU, MEMBER BENEEI CIAR Y CENTER STREET LENDING VIII SPE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, BENEFICIARY UNDER DEED OF TRUST RECORDED MAY 24, 2021 AS INSTRUMENT NO. 2021000354226, OF OFFICIAL RECORDS. PRINT NAME PRINT TITLE NOTARY A CKNO WLEDGMEN T 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 THA T BY HIS/HER/THEIR SIGNA TURES) 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: SIGNA TURF NOTARY PUBLIC IN AND FOR SAID STATE (NAME PRIN TED) NOTARY A CKNO WLEDGMEN T.• MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY. MY COMMISSION NO: MY COMMISSION EXPIRES: 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 SA TISFACTOR Y 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 CAPACI TY(IES), AND THA T BY HIS/HER/THEIR SIGNA TURES) 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: SIGNA TURF NOTARY PUBLIC IN AND FOR SAID STATE (NAME PRIN TED) MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY. MY COMMISSION NO: MY COMMISSION EXPIRES: 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 GINNIE CORDON, IN APRIL, 2017. 1 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 MAP 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 TENTATIVE MAP. 4/7/2021 MICHAEL BENESH DATE: L.S. 5649 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 TECHNICALLY CORRECT DA TED THIS DAY OF 2021. KEVIN R. HILLS, COUNTY SURVEYOR L.S. 6617 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 IT TO BE SUBSTANTIALLY IN CONFORMANCE WITH THE TENTA TI VE 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. DATED THIS DAY OF 2021 JAMES M. HOULIHAN DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER CITY OF NEWPORT BEACH R. C. E. #51568 EXPIRES: 06/30/2022 CITY CLERK'S CERTIFICATE: STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF NEWPORT BEACH QRpFESS/pN wO�0.HOU� 9� N0. Z Z CD RCE 51568 mLLj EXP. 06/30/2022 m C i v i\' Op CAS �F 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 DAY OF 2021 AND THAT THEREUPON SAID COUNCIL DID, BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP. AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436(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 DAY OF LEILANI BROWN CITY CLERK, CITY OF NEWPORT BEACH 2021. 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 2021. 13m TREASURER — TAX COLLECTOR SHEET 2 OF 4 SHEETS LOTS: 1 NUMBERED ACREAGE: 14.177 SQ. FT./0.325 AC. DATE OF SURVEY: SEPTEMBER, 2019 ALL OF THE CITY OF NEWPORT BEACH TENTATIVE TRACT NO. NT 2017-003 N N n m N d O N N M 'o �04 0I 16J 11) � STO L TRACT NO. 18121 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES MICHAEL BENESH, L.S. 5649 SEPTEMBER 2019 HORIZONTAL CONTROL DIAGRAM & OCS GPS TIE SHEET BASIS OF BEARINGS 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 VI, 1983 NAD, (2007.00 EPOCH, OCS GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND, UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES MULTIPLY GROUND DISTANCE BY 0.99997271. (GPS# 6169R1). � ORCHARD DRIVE N49'22'10"W _ 330.36' (330.29'R1)(330'R4) 62'(M&R1) 10.00' _ N 25.00' � 290.35' 300.35' [300'R4] N49'22'10"W C 14 0 N M u 00 �n SEE DETAIL "A" ON SHEET 5 FOR CL TIES TR. NO. 10303 M.M. 444/47-48 N49'22'19"W 40.10' (40.00' R1) 0 M 0 Quo 0 N Z W z Z Q Z Q m 0000 mwU'�04 oa W�NOO o0 W p Z z� J W O pQ H Z W U U Z O WW — Z O it LWT W O J } Z O H IOi } O � Q SFN cLf 0 w7 N v C_:P I ol~ U c 3 Q J %— O LL' r m 0�0.�0 m U cD > W J p O O af p 3zW�Wa Z O P- O m_ - 9 dLL,ao 2 N — C14 Z FO N cD Q af Z — O Q0 UZ Z ry O � W J � of W Z 2 a- =) J 0— u) — — N N(n.-P� -3::� ~u -)U) m Z J w m = N ? p O N W (D N Q W Z W=0<ul) of 8 N49'22'19"W 39.03' ,4) REFERENCE NOTES: (R 1) RECORD DATA PER RECORD OF SURVEY NO. 2008-1172, � D 660.75' (660.57'R1)[660'R4] 92 10 SEE DETAIL "e" 330.39' (330.28'R1)[330'R4] _ 300.17' (M&R5) In N 330.39' (330'R4) 630.74' [630'R4] NOTE NON—RELEVANT TRACT 456 LOT LINES ARE SHOWN FOR CLARITY PURPOSES ONLY AND WERE NOT RE—ESTABLISHED. ob x Lo co 04 00 4 \ V Ln V 0� 0— _j (If w w za- J Z �0 J O zQ_ o0 w� C/-)� J 07 m Q co wc�d ib7 U- J O N000> U ui -k3 W � a: U 0 O Lo oow ~ O Q> JOU=Nof W W O "fJ Za ujUJ } q > d 2 N N F_� 00 }� L om�(oE ULLI V � Fa- OU ~N w(0r)� 16 �I W 7 lxll,� M N O ZIt 14 '21'41"W 330.13' (M&R5)(330.12'R1)(330'R4) SFN R.S. NO. 200 -1172 DNS �^ DNS R.S.B. 23340-41 `U 7_ M 00 _00 6 TR. NO. 18039 17 c� f M.M. 979/43-46 I u�rnl 6 w NN 10 N49'21'38"W 330.10' (M&R5)(M&R1)(330'R4) —� v -co IT Lo (Mo M 71 N 16 15 r j z N I LOT 1 00I o g 14.177 SQ. FT/ 40' 0.325 AC. I N a, Q0� 7 300.08' [300'R4] B SFN 330.09'(330'R4) o N49'21 35"Wo 30.00' 630.17 (M&R5)[630 R4] _ K' 30.00' I 330.07' (M&R5)(330.08'R1)(330'R4) _330.09' (330.08'R1)[330'R4] _ 1 BOOK 9943 PAGE 378 O.R. 660.16' (M&R1)[660'R4] N49'21'35"W MESA DRIVE 7 >25.00'(M&R1) LEGEND R. S.B. 233/40— 41. 5j (R2) RECORD DATA PER TRACT NO. 16277, M.M. 833/21-23. (R3) RECORD DATA PER DOCUMENT RECORDED FEBRUARY 14, 2008 AS INST. NO. 2008000068978, O.R. (R4) RECORD OR CALCULATED DATA PER TR. NO. 456, M.M. • 17/9. (R5) RECORD DATA PER TRACT NO. 18039, M.M. 979/43-46. (R6) RECORD DATA PER CER TIFICA TE OF CORRECTION FD. FOUND RECORDED FEBRUARY 9, 2021 AS INST. NO. SEARCHED, FOUND NOTHING DNS' 2021000090995, O.R. SURVEYOR'S BOUNDARY NOTE: (UNABLE TO SET PROPERTY CORNER) Ln0 THERE ARE NO CONFLICTS WITH EXISTING z VISIBLE IMPROVEMENTS AND THE EXTERIOR INDICA TES DIMENSION AS CALCULA TED FROM > BOUNDARY LINE (DISTINCTIVE BORDER) OF 30.22'(30.19'R1) THIS MAP AS ESTABLISHED HEREON. � D 660.75' (660.57'R1)[660'R4] 92 10 SEE DETAIL "e" 330.39' (330.28'R1)[330'R4] _ 300.17' (M&R5) In N 330.39' (330'R4) 630.74' [630'R4] NOTE NON—RELEVANT TRACT 456 LOT LINES ARE SHOWN FOR CLARITY PURPOSES ONLY AND WERE NOT RE—ESTABLISHED. ob x Lo co 04 00 4 \ V Ln V 0� 0— _j (If w w za- J Z �0 J O zQ_ o0 w� C/-)� J 07 m Q co wc�d ib7 U- J O N000> U ui -k3 W � a: U 0 O Lo oow ~ O Q> JOU=Nof W W O "fJ Za ujUJ } q > d 2 N N F_� 00 }� L om�(oE ULLI V � Fa- OU ~N w(0r)� 16 �I W 7 lxll,� M N O ZIt 14 '21'41"W 330.13' (M&R5)(330.12'R1)(330'R4) SFN R.S. NO. 200 -1172 DNS �^ DNS R.S.B. 23340-41 `U 7_ M 00 _00 6 TR. NO. 18039 17 c� f M.M. 979/43-46 I u�rnl 6 w NN 10 N49'21'38"W 330.10' (M&R5)(M&R1)(330'R4) —� v -co IT Lo (Mo M 71 N 16 15 r j z N I LOT 1 00I o g 14.177 SQ. FT/ 40' 0.325 AC. I N a, Q0� 7 300.08' [300'R4] B SFN 330.09'(330'R4) o N49'21 35"Wo 30.00' 630.17 (M&R5)[630 R4] _ K' 30.00' I 330.07' (M&R5)(330.08'R1)(330'R4) _330.09' (330.08'R1)[330'R4] _ 1 BOOK 9943 PAGE 378 O.R. 660.16' (M&R1)[660'R4] N49'21'35"W MESA DRIVE 7 >25.00'(M&R1) LEGEND 11 "L.S. O INDICATES A 2" I.P. TAGGED 5649" OR LEAD, TACK & TAG STAMPED "L.S. 5649" OR AN 8" SPIKE & WASHER STAMPED "L.S. 5649" TO BE SET AT ALL TRACT BOUNDARY CORNERS, UNLESS 0 THER WI SE NOTED. • 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 FD. FOUND SFN SEARCHED, FOUND NOTHING DNS' DID NOT SEARCH, PROPERTY OWNER DENIED ACCESS. (UNABLE TO SET PROPERTY CORNER) (xxx.xx'R#) INDICATES DIMENSION AS SHOWN ON RELEVANT REFERENCE MAP. [xxx. xx'R#] INDICA TES DIMENSION AS CALCULA TED FROM RELEVANT REFERENCE MAP. MONUMENT NOTES: 0 O.C.S. GPS CONTROL POINT 6169R1 FD. LEAD & TACK WITH TAG STAMPED "RCE 27743" PER TRACT NO. 18039, M.M. 97914J-46, FLUSH N: 2188049.84 E. 6063375.13 20 O.C.S. GPS CONTROL POINT 6158 FD. HEX BOLT IN O.C.S. WELL MONUMENT PER TRACT NO. 18039, M.M. 97914,3-46, DN. 1.5' N: 2190058.36 E. 6065098.35 30 FD. 2" I.P. W/ TAG "LS 2857" PER R1, FLUSH. LOCATED FOR REFERENCE PURPOSES ONLY AND DOES NOT ESTABLISH LOT LINE LOCATION. 40 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' 60 FD. LEAD, TACK & TAG "LS 3186" PER R1, FLUSH. N3926'39"W 0.97' O7 FD. LEAD & TAG STAMPED "RCE 13195" IN TOP OF WALL PER R5, FLUSH. A CCEP TED AS THE W'L Y CORNER OF TR. NO. 16277, M.M. 833/21-22. OS FD. 1" I.P. NO TAG, NO REF., FLUSH. ACCEPTED AS 1" I.P. W/TAG 15 3109" PER R1, 560 07'27"E 0.13'. O9 FD. LEAD, NAIL & TAG "LS 7809" PER R1, DN. 0. 1'. ACCEPTED AS CENTERLINE INTERSECTION 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'LY LINE OF LOT 15. HELD FOR LINE. 11 FD. 1" I.P. W/WOOD PLUG, NO TAG, NO REF., FLUSH. A CCEP TED AS BEING THE E'LY CORNER OF LOT 15 AS SHOWN ON TRACT NO. 16924, M.M. 89614J-47. 12 FD. SPIKE & WASHER STAMPED "LS7809" 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 R5. 14 SEARCHED FOUND NOTHING. ESTABLISHED PER R5. 15 FD. LEAD, TACK & TAG STAMPED "RCE 31720" ON TOP OF WALL AT 1.00' (M & R5) OFFSET FROM PROPERTY CORNER, ALONG PROPERTY LINE PER R5. 16 FD. GEAR SPIKE & WASHER STAMPED "RCE 31720'; FLUSH, PER R5. w 17 FD. EPDXY & TAG "LS 5649" ON TOP OF BLOCK WALL 58537'11 "W 1.41' FROM ESTABLISHED PROPERTY CORNER PER R6. I0) 0 Lij z 8 � n in -Frr. CITY OF NEWPORT BEACH Lu COUNTY OF ORANGE w 165.02' (M&R2) > 0 825.18' (M&R1) 9 CZO SEE SHEET 3 FOR LOT DETAIL. SEE SHEET 4 FOR ESTABLISHMENT NOTES AND DETAILS. 19-37 SHEET 3 OF 4 SHEETS LOTS: 1 NUMBERED ACREAGE: 14.177 SQ. FT./0.325 AC. DATE OF SURVEY: SEPTEMBER, 2019 ALL OF THE CITY OF NEWPORT BEACH TENTATIVE TRACT NO. NT 2017-003 SEE SHEET 2 TRACT NO. 18121 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES MICHAEL BENESH, L.S. 5649 SEPTEMBER 2019 BOUNDARY ESTABLISHMENT N C�' ro I u D_' t SFN °? 4 N49°22'19"W 39.03' (M&R5) o0 SEE NOTE ON SHEET 2 FOR ESTABLISHMENT U OF CITY/COUNTY BOUNDARY LINE � LijIw z m I �I� p p o p w z� O J ole zo NW Of U 2 O c N O_ O co 30'10' < 40' w M SEE SHEET 2 FOR BOUNDARY ESTABLISHMENT 10.00' N49°21'41"W 330.13' (M&R5)(330.12'R1)[330'R4] 5 E 300.13'[300'R4] DNS 290.13' SFN 75 .140.13' (M&R5)(140.12'R1)0'40.075.00(M&IR5)(M&R1) 00(M&R5)(M&R1) DNS' 14 40' ^ I -�d m R. S. N0. 2008-1172 � h co R.S.B. 233/40-41 I ��m SFN I 150.00' to I (HELD PER R3) u M N 9°21'38"W 180.12' (M&R5)(180.11'R1) � I 140.12' (M&R5)(140.11'R1) � 40.00' I S85°37'11 W 6 1.41' (M&R(3) N N 17 "I �'� �I^�� Ln�I� N� �I MId 4d ^ co Q' � N M I P N Z— O 0? _0 00N L I O ` O Z 00 �' 40' TR. NO. 18039 I7 ro lz� N M.M. 979/43-46 I W OO (If N D 300.10' (M&R5)[300'R4] `N° z I 290.10' (M&R1) 15 N 1' Lu 4_0.00' _ 140.10' (M&R5) �� 150.00' (M&R5) Ln C"i 30.00' 139.10 M&R5 m00 Q � 0 96 N49°21'38"W 1.00'(M&R5) 330.10' (M&R5)(M&R1)[330'R4] N b rn z Q CITY/COUNTY BOUNDARY LINE ro N a 30' 10' 40' LOT 1 N 14.177 SQ. FT/0.325 AC. �I to z - � �`� Nof t u 00 ^ � I M O '^ N N � O u V/ ro O W 06 -ldO� , -coW 00 co W I 6? O 00O CD z SEE DETAIL "C" z o z N---zF � ON SHEET 4. N11°58'30"W 21.41'SFN140.08' (M&R5)(M&R1) 7 LOT A SFNB 123.07' 75.00' (M&R5)(M&R1) 75.00' (M&R5)(M&R1) CITY OF NEWPORT BEACH N / 290.08' (M&R5)[290.08'R1] — — — — — — — — — — — ~ \ /N49°21'35"W 300.08' (M&R5)[300'R4] o COUNTY OF ORANGE w A � �I o 2 oI V) 330.07' (330.08'R1)[330'R4] LTJ W N49°21'35"W825.18' (825.18'R1) mo - MESA DRIVE EXCEP TION: Aa FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 29, 1971 IN BOOK 9943, PAGE 378, OFFICIAL RECORDS OF ORANGE COUNTY. Ain TF -c• 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. 19-38 SHEET 4 OF 4 SHEETS LOTS: 1 NUMBERED ACREAGE: 14.177 SQ. FT./0.325 AC. DATE OF SURVEY: SEPTEMBER, 2019 ALL OF THE CITY OF NEWPORT BEACH TENTATIVE TRACT NO. NT 2017-003 ESTABLISHMENT NOTES: TRACT NO. 18121 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES MICHAEL BENESH, L.S. 5649 SEPTEMBER 2019 DETAIL SHEET OSFN., ESTABLISHED AS POINT OF INTERSECTION OF CENTERLINE OF MESA DRIVE AND SKLY PRODUCTION OF SEL Y LINE OF LOTS 15 & 16, R4, AT REC. DISTANCE 165.02' FROM CL RIVERSIDE DRI VE( PER R2. OSFN., ESTABLISHED AS MOST S'L Y COR. LOT 5, R4, BY RECORD DISTANCE PER R5. OSFN., ESTABLISHED AS MOST N'LY CORNER OF LOT 15, R4, BY PROPORTION PER R4. OESTABLISHED NE'LY LINE LOT 1, BY HOLDING FOUND MONUMENTS 16 AND @, PER R5. OESTABLISHED NE'LY LINE LOT 6, R4, BY RECORD DISTANCE PER R5. NMI Ir U-1 1 z �CURl �spQ I 16 ORCHARD DRIVE 13 / ry z 0° Q, Q U DETAIL "A" N TS NO TES: NOTE (THIS DETAIL ONLY -. (R5) RECORD DATA PER TRACT NO. 18039, M.M. 979/43-46 01 FD. LEAD & TAG STAMPED "OCS TIE" PER R5 b TANGENT OVER I I � N O u �- oo 100 O � W 1 N O r rl C) I 0o Cy) z o I O o 1 r2 10.00' LOT 1 EXCEP T1 ON: Ln 0 z Lu > N49`2210 W 12 660.75' 0 30.22' (M&R5) 300.17' (M&R5) 0.14' (M&R5) MR 330.39' (330.28'R1) CL ORCHARD DRIVE N c:) 10 N O 11 Lo o � w o N O 0 z AD FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 29, 1971 IN BOOK 9943, PAGE 378, OFFICIAL RECORDS OF ORANGE COUNTY. 290.08' (M&R5)[290.08'R1] - ------------------ 17.01' N49°21'35"W 300.08' (M&R5)[300'R4] 123.07' - MESA DRIVE DETAIL "C" .0,11c41 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. DETAIL "B" N TS 19-39 Liberty SUBDIVISION IMPROVEMENTS Mutual. PERFORMANCE BOND SURETY "Replacement Bond" FOND NO. 404243440 KNOW ALL MEN I3Y THESE PRESENTS: THAT we, Back Bay Bungalow, LLC as Principal, and The Ohio Casualty Insurance Company , a corporation organized and doing business and under and by virtue of the laws of the State of New Hampshire and duly licensed to conduct surety business in the State of California , as Surety, are held and firmly bound unto City of Newport Beach as Obligee, in the sum of Forty -five thousand one hundred and seventy eight ($45,178) Dollars, for which payment, well and truly to be made, we bind ourselves , our heirs , executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH 'T'HA'I": WHEREAS, the above named Principal, has agreed to construct in Tract No. 18121 Subdivision, in thecityof—Newport Beach, CA - the ------------------------------ -- following improvements: Street, Curb & Gutter, Sidewalk, Drive Approach and Parkway Culvert NOW, TH:I IZFF0RI?, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect Govt Code 66499.4: As a part of the obligation guaranteed by the security and in addition to the face amount oCthe security, there shall be included costs kind reasonable expenses and Fees, including reasonable attorneys' tincurred ees, by the local agency in suce cssfully enForeing the obligation secured. IN WITNESS WHEREOF, the sea] and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-fact, this 27th day of August , 2021 MCI Back Bay Bungalow, l.,I..,C q Principal BY:+'��.x1-� `l:'he Ohio Casualty .Insurance Company i`3Y. -- --11olp C.Jackson -----------Attorney- in4act Liberty Mutual Surety Clams , P C; Bw 34526, Seattle. WA 98124 - Phone: 206-473-6210 - Fax: 566-545-6837 Email: vjww, .ibertyMLitual5uretyClaiins,com [D- 1006 (Rev. 05/19) TM19-21057 06119 19-40 V (D `m > O eS O a(D r16 0 CO m N O? o.� This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Libert Liberty Mutual Insurance Company mutual. The Ohio Casualty Insurance Company Certificate No: 8205549-285140 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority heroin set forth, does hereby name, constitute and appoint, Donald R. Weadley; John C. Jackson; Michael C. Moore, Ste hen R. Marwitz all of the city of Crystal Lake state of IL each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligalions, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of May 2021 Liberty Mutual Insurance Company INSo PviI INS& 1,N3bipq The Ohio Casualty Insurance Company �� q°�PpRgT yp y�°t1PORary 1<+� °ORPOaq, 'kms West American Insurance Company V4 1912 C) 1919 1991 0 q�egCallb��a ya &A MPs��b0 1�,r �A'MOP' .aa By: r � '� U 7 * > Hj * dM * �a y David M. Carey, Assistant Secretary : State of PENNSYLVANIA c :3 County of MONTGOMERY ss o E On this 6th day of May 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance <' Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. <5l IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. SN PAST Q W,Q <f commonwealth of Pennsylvania • Notary Seal hhr o° Teresa Pastolla, Notary Public OF Montgomery County My commission expires March 28, 2025 By. Commission number t126044 Hgyk_q �� Member, Pennsylvania Association of Notaries Ry 0511 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV --OFFICERS: Section 12. Power of Attorney. —_ t" j Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such altorney6-1n-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall o L have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Z C) instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -- Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as Ihough manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed to seals of said Companies this 27th day of August , 2021 . ti >,tysUR �JQ'G°ReazarR"�Cr. 1912 ra go Y��19�9ACNU9�,da LMS -12873 LMIC OCIC WAIL Multi Co 02121 J44Kf 130. � 1NSURq c 3`A k r�9y `vG°aPorvgr�yClfi n 9919 �, 1991 C co Jy='F� By: 59T1,a4-11r1_ Renee C. Llewellyn, Assistant Secretary 19-41 10�Liberty mutuA SURETY KNOW ALL, MEN BY 'T HESE PIZESL•'NTS That we, SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND "Replacement Bond" Back Bay Bungalow, LLC Bond No. 404243440 PRF;MIUM INCLUDED IN PERFORMANCE: BOND , as Principal, and The Ohio Casualty Insurance Company , a corporation organized and doing business under and by virtue of the laws ofthc State of New l-Iampshire and duly licensed to conduct a general surety business and in the state of Cali fornia as Surety, are held and firmly bound unto City of Newport Beach as ONigee, in the sum of forty five thousand one hundred and seventy eight Dollars, ( $45,178 } for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successorsJointly and several ly firmly by these presents. THF'CONDITION OF—111-11S OBLIGATION IS SUCH TI IA'T': WHEREAS, the above named Principal. has entered into an agreement or agreements which are made a part of this bond, with the City of Newport Beach, CA as Obligee for the linprovetnents in the subdivision designated as (Tract/Parcel} Map No. 18121 as required by the Government Code of California, NOW '1 HEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to an_v contractor, his subcontractors. or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. Govt Code 66499.4: As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the local agency in successfully eatforeing the obligation secured. This bond is executed and fled to comply with Section 66499 through and including Section 66499,10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF, the sea] and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 240 Commerce Dr Crystal Dake, IL , this 27th clay of August, "PR I.NCI.PAL" Back Bay Bungalow, LLC 2021 Year "S UIt.T TY" The Ohio Casualty Insurance Company HY: .1 111n on A6 oniey=trr Fac[ 01 llvV4� �J Qftraq,r qy 2' ma r 1919 r. Liberty Mutual Surety Claims • P.O. Box 34526, Seattle, WA 98124 • Phone: 206-473.6210 • Fax: 866-548-6837 Ip-1265(ce) {Rev. 5119} Email: HOSCL@libertymutual, corn • www.LibertyMutualSuretyCleims.com LMS -210G4 06119 19-42 �. Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205549-285140 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Donald R. Weadley; John C. Jackson; Michael C. Moore; Stephen R. Marwitz all of the city of Crystal Lake state of IL each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of May , 2021 . Uj N m c Q1 State of PENNSYLVANIA E County of MONTGOMERY Liberty Mutual Insurance Company P� tlasU,� P��Y 1Nsp a 1145U/t,9 The Ohio Casualty Insurance Company j�GanPokyroY�Sa a �GaPPorLq��P�GORPO'�ar nm West American Insurance Company X91912y y 1919 w p a 1991 0 �VY a'e4 CHUB a O yAM45��da� �s �NUiAHP ,�a ! By: David M. Carey, Assistant Secretary On this 6th day of May 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 Tn Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes G therein contained by signing on bohalf of the corporations by himself as a duly authorized officer. N �a 0 ti.. Ql Q 0 C N m N M 6 4) L I9,._0 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 5p PAST Commonwealth of Pennsylvania ,NalaryBaal fru 4p y Teresa Pastella, Notary Public y:7 OF Montgomery County My expires March 2a, 2925 By: Commission number 11261144 SYV4 Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public Fly P� This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV •- OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any of Icer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The president of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secrelary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby cortify that the original power of attorney of which the foregoing Is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed Jho seals of said Companies this 27th day of August , 2021 . 'aF�KY iNgV,p� � 1N3U�pQ hJ �aRPopA1 �,� op e n 9 tt oaPa�r y[� �o fi 191 r, a 1991 1919 2 0 b w q 0 �j1 S9ACHU5•Aa y0 M4gY' �NOfANf' L By: �.h�� s�,M * �Nd Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Ca 02121 0 U) O 4D Q) O 0 �r N N M W 0 U 19-43 r, Liberty Mutual. SURETY WARRANTY BOND "Replacement Bond" Bond No. 404243440 KNOW ALL MEN BY "PHESE,' PRESENT'S: Thal we, Back Bay Bungalow, LLC a.nd The 011io Casualty lnsurance Company and by virtue if the laws of the State of New I Iampshire business in the State of California City of Newport Beach as Obligee, in the sunl of four thousand five hundred and eighteen Effective Date: August 27, 2021 , as Principal, a corporation organized and doing business under and duly licensed to conduct surety -- as Surety, are held and firmly bound unto ( $4,51(S) Dollars, .for which payment, well and truly to be made, we hired ourselves, our heirs, executors and successors, jointly and severally fii rrnly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT.- Back HAT: Back Bay Bungalow warranties the Street, Curb & Gutter, Sidewalk, Drive Approach and Parkway Culvert on Tract no. 18121 _ (Govt Code 66499,41As Part_ of the obligation guaranteed by the securit aty td in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the local agency in successfully enforcing the obligation secured.)--��"--- W1117-REAS, said agreement provided that .Pr.ineipal shall guarantee replacernent and repair of improvements as described therein for a period of One year(s): NOW, 1 llERl POR.I_;, if the above Principal shall indernnify the Ob.ligec for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of 1 year after acceptance of work year(s) Crorn tile effective date of this bond, then this obligation shall be void; othcrwlisc to remain in full force and effect. IN WITNESS WHEREOF, the sea.] and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its only authorized Attorney -in -Fact. this 27th day of Hack Bay Bungalow, LLC (Principal) A, k c �--_ -- Signature oi'Principal August , 2021 Year The 011io Casualty Insurance Company (Bukaelson B Y: Jo Attorney-iI)T',a:t v -(If INSO �JP�para�r 2 0 1919 y Liberty Mutual Surety Claims d P.D. Box 34526, Seattle, VVA 98124 • Phone: 206-473-6210 • Fax: 8B6 - 48-G837 Email: t-IC)SCL.@Iibertymutual.com ^ www.€-ibertyMLttualSuretyClaims.coln Irl -1799 Wuannly-No Perrormailm(.Rev. V19) LMS -2105806119 19-44 This Power of Attorney limits the acts of those named herein, and they have no aulhorlty to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company mutt 51. The Ohio Casualty Insurance Company Certificate No: 8205549-285140 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Donald R. Weadley; John C. Jackson; Michael C. Moore; Stephen R. Marwitz all of the city of Crystal Lake state of IL each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of May 2021 Liberty Mutual insurance Company INSu vi INS&.¢ 0 ►NSLq The Ohio Casualty Insurance Company /.J�o�o�(a roJanPoRa>xL `uP GORPnFcq Syn West American Insurance Company 1912 de9�zyy* $s b4 yp�`H%yd19*1}0 19*91o a a��0 am0ltd a�r --N iE b 13y' U ca David M. Carey, Assistant Secretary a "co Stale of PENNSYLVANIA =S N a1 County of MONTGOMERY ss o E c On this 6th day of May 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance (aa Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ` s therein contained by signing on behalf of the corporations by himself as a duly authorized officer, > - = IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. e:2 ca O � 0( (ty p [�, r 3" s Y CommonwealthcfPennaylyanla- NotarySeal Teresa Notary Public Mon�ntgo omalyCounly UP My commission expires March 28, 2025 By-/ jy _ Commission eresa Pastella, Notary Public Member, PenisylaniaAssockrilonoiNotarles i� 4) Id �, Fly This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ay ARTICLE IV– OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such aftomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety = any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such c0i instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority, ARTICLE All – Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation – Tho President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -- By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio CasuaJty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 27th day of August , 2021 . �, INSU DKV INS4 191 0 1;919 ,t 0 1tAsu F 1991 0 .r B tiS� DIA10, a y Renee C. Llewellyn, Assistant Secretary op 0 CV Ll CO ao 06 ns — U om �Ln LMS -12873 LMIC OCIC WAIC Multi Co 02121 19-45 -, Liberty SUBDIVISION IMPROVEMENTS MutuA PERFORMANCE BOND SURETY "Rep]a.cement :gond" BOND NO. 404243441 KNOW ALL MEN BY THESE PRESENTS: THAT we, Back Bay Bungalow, LLC as Principal, and The Ohio Casualty Insurance Company , a corporation organized and doing business and under and by virtue of the laws of the State of New Hampshire and duly licensed to conduct surety business in the State of California , as Surety, are held and firmly bound unto City of Newport Beach as Obligee, in the sum of two thousand {$2,000 Dollars for which paymetit, well and truly to be made, we bind ourselves , our heirs , executors and. successors, jointly and. severally firmly by these presents. "I'1 -IE CONDITION OF `l- IE 0BI..,IGATION IS SUCH THAT: WHEREAS, the above named Principal, has agreed to construct in Tract No. 18121 Subdivision, in Newport Beach, CA following improvements: Monument NOW, TUEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice; to the Surety, this obligation shall be void, Govt Code 66499.4: Asa part ofthe obiianon guarantcgd b the security and in addition otherwise it shall remain in f u.l l force and effect to the face amount of the security; there shall be included costs and reasonable expunses and fees, including reasonable attorneys' roes, incurred by the local agency in successfully enforcing the. obligation secured. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact, this 27th day of August , 2021 YEAR Back Bay Bungalow, LLC �_..— --- -- Principe BY: AV\N4OL— � The Ohio Casualty Insurance Compan E3'Y: - — J00 C. Jackson ---- ---� Alton icy- iti-F'act Lihorty Mutual Surety Clairntt . F.D. Box 34526, Seattle, WA 98124 • Phone: 206 473-6210 • Fax: 866-545-6897 Email: 1-10SCt.011ksorly.mutual.com •www.LibcrtyMutual5uretyClaims.com [t7-1006 (Rev. 0/19) LMS -21057 06119 19-46 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent heroin staled. "• L�Anbertl Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8205649-285140 SURETYWest American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority horein set forth, does hereby name, constitute and appoint, Donald R. Weadley; John C. Jackson; Michael C. Moore; Stephen R. Marwitz all of the city of Crystal Lake state of IL each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in Their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of May , 2021 . Liberty Mutual Insurance Company tNSU �Z� IN& NX %%sUR The Ohio Casualty Insurance Company j4oRPoka 'dpm QJ3�RP°Rar��9yn - 0,—'p,ar��p� West American Insurance Company 1972 g o " 1919 m o 1991 0 Y¢� s,9 CHe6".,�L y° HAMPS,� a� is �NOIANr' ,dL�� By. .` n—w nn carp A kfanf Sacret— State of PENNSYLVANIA County of MONTGOMERY a I On this 6th day of May 2021 before me personally appeared David M, Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance to IEI Company, The Ohio Casualty Company, and West American Insurance Company, and [hat he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. fi O � O U 0 a IN WITNESS WHEREOFr I have hereunto subscribed my name and affixed my notarial sea] at King of Prussia, Pennsylvania, on the day and year first above written. 80 5t, PAST CLD �( Commonwealth ofPennsylvanla-NolagSeal qty°'m Teresa Pnstalln, Notary Publlc -� Montgomery County OF My commission expires March 28, 2025 B o E aai�r Commission number t 128094 y- - Member, Pennsylvania Association ofNotades erosePastella,NotaryPublie Q D TAAy P13� This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: as ARTICLE IV– OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bands, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attornoy, shall a have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Z 0 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power ar authority. ARTICLE XIII -- Execution of Contracts: Section 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the sea] of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary, Certiflcate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimilo or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C, Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the forequing.is p full, We. and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 27th day of August , 2021 . 1NSU•Aq 01 IN3pQ 1 LNSUR �P OftPOftgr 'iY 0iP pRPo(i,�T�, 1912 n. 7 919 1991 4 0 � � 4 baa° `M?%`°� ��' •'s�'aa�La$ By Renee C. Llewellyn, Assistant Secretary ? ,r 1• yd * 6, M * ti LMS -12873 LMIC OCIC WAIC Multi Co 62/21 19-47 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT BEACH AND BACK BAY BUNGALOW L.L.C. FOR TRACT NO. 18121 THIS AGREEMENT ("Agreement") is entered into this day of September, 2021, 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 BACK BAY BUNGAOW L.L.C., 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. 18121 ("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 street (including street, curb and gutter, sidewalk, drive approach and parkway culvert), water, and sewer improvements (collectively, "Improvements") as shown on public improvement plans for Tract 18121 dated September 29, 2021 ("Improvement Plans"), and to perform certain other improvements 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 through 66499.10 of the California Government Code and Section 19.36.030 (Improvement Security (66499 et seq.)) of the Newport Beach Municipal Code. 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. All of the Work shall be completed on or before three (3) years from the date hereof, 19-48 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. STREET IMPROVEMENTS SUBDIVIDER agrees to complete any and all street 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. 8. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Newport Beach Zoning and Subdivision BACK BAY BUNGALOW L.L.C. Page 2 19-49 Ordinance, provide as security to CITY: PRIVATE STREET & STORM DRAIN IMPROVEMENTS A. Faithful Performance: For performance security, in the amount of Forty Five Thousand One Hundred Seventy Eight Dollars and 001100 ($45,178.00), 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 Forty Five Thousand One Hundred Seventy Eight Dollars and 001100 ($45,178.00), which is one hundred percent (100%) of the estimated cost 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. Warran : Security in the amount of Four Thousand Five Hundred Eighteen Dollars and 001100 ($4,518.00), which is ten percent (10%) of the estimated cost 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 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. BACK BAY BUNGALOW L.L.C. Page 3 19-50 FINAL MONUMENTATION A. For Subdivision Monumentation: Security in the amount of Two Thousand Dollars and 001100 ($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. 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 BACK BAY BUNGALOW L.L.C. Page 4 19-51 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 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, BACK BAY BUNGALOW L.L.C. page 5 19-52 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 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 TO SUBDIVIDER: BACK BAY BUNGALOW LLC Attn: Anastasios Nikolaou Managing Member. 3183-E Airway Avenue Costa Mesa. CA 92626 14. CONSENT 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. 16. 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 BACK BAY BUNGALOW L.L.C. Page 6 19-53 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 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. BACK BAY BUNGALOW L.L.C. Page 7 19-54 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. 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] BACK BAY BUNGALOW L.L.C. Page 8 19-55 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: / 0 i 3 Z/ B ron C. Har Uwt6 •�A -1,\ City Attorney ATTEST: Date: Leilani 1. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Brad Avery Mayor SUBDIVIDER: BACK BAY BUNGALOW L.L.C., a California limited liability company Date: i o -141 q-1 By: /� — d Anastasios Nikolaou Managing Member BACK BAY BUNGALOW L.L.C. Page 9 19-56 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 ' )rA )SS. t Oner l 20 2�t before me, _ « _ Notary Public, personally appeared s�t�c��► , who proved to me on the basis of satisfactory evidence to be the persono whose name(s) is/ar-e- subscribed to the within instrument and acknowledged to me that he/s y -executed the same in his/hVthu4r authorized capacity s), and that by his/herhheir signaturesW on the instrument the person, or the entity upon behalf of which the personacted, 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. Notary Public -California c Orange County Commission # 2255353 _ Signature (seal) CHARLIE CHO a�_ z Y My Comm, Expires Sep 18, 2022 y 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) BACK BAY BUNGALOW L.L.C. Page 10 19-57