HomeMy WebLinkAbout2014-14 - Approving Lot Line Adjustment No. LA2011-003 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011-216)RESOLUTION NO. 2014 -14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2011 -003 FOR THE
APPROXIMATELY 31 ACRE PLANNED COMMUNITY KNOWN AS BACK
BAY LANDING LOCATED AT 300 EAST COAST HIGHWAY (PA2011 -216)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bayside Village Marina, LLC (Applicant) with respect to an
approximately 31 -acre parcel generally located on the north of East Coast Highway and
northwest of Bayside Drive, legally described Parcel 1 of PM 93 -111, (the Property)
requesting approval of various legislative and related approvals that would allow for the
future development of a mixed -use bayfront village comprising of up to 94,035 square
feet of marine - related and visitor- serving commercial uses and up to 49 residential units
(the Project). The following approvals are requested or required in order to implement
the Project as proposed:
a. General Plan Amendment (GPA)- To allow the development of residential units by
changing the land use designation of portions of the site from Recreational and
Marine Commercial (CM 0.5) to Mixed -Use Horizontal (MU -1-11). The amendment
would also change the designation of the 0.304 -acre lot line adjustment area
currently designated as Multiple Unit Residential (RM) to MU -H1. In addition to the
land use changes, the amendment would create two new anomalies to reallocate
49 un -built residential dwelling units from the adjacent mobile home park
(Anomaly No. 81) to the project site (Anomaly No. 80).
b. Coastal Land Use Plan Amendment (CLUPA)- To allow the development of
residential units by changing the land use designation of portions of the site from
Recreational and Marine Commercial (CM -B) to Mixed -Use Horizontal (MU -H).
The amendment would also change the designation of the 0.3 -acre lot line
adjustment area currently designated as Multiple Unit Residential (RM -C) to MU-
H. In addition to the land use changes, the amendment would also establish a
site- specific development policy and a height exception to the 35 -foot Shoreline
Height Limit allowing for a single, 65 -foot -tall coastal public view tower.
C. Code Amendment- To amend the Zoning Map of the Zoning Code to expand the
current Planned Community District boundaries (PC -9) of the site to include:
1) the 0.304 -acre lot line adjustment area currently zoned as Bayside Village
Mobile Home Park Planned Community (PC- 11MHP); and, 2) the existing 0.642 -
acre portion of the project site currently zoned as Recreational and Marine
Commercial (CM)_
d. Planned Community Development Plan (PCDP)- Adoption of a Development Plan
to allow for the classification of land within the existing Planned Community
boundaries and establishment of development standards, design guidelines, and
City Council Resolution No. 2014 -14
Page 2
implementation of the future project and long -term operation of all planning areas
of the site.
e. Lot Line Adjustment (LLA)- To adjust the property boundaries between Parcel 3
(subject property) and Parcel 2 (adjacent Bayside Village Mobile Home Park) of
Parcel Map No. PM 93 -111 to improve ingress and egress to the project site
with a new driveway.
f. Traffic Study- A traffic study pursuant to Chapter 15.40 (Traffic Phasing
Ordinance) of the Municipal Code.
2. The Property currently has General Plan designations of Recreational and Marine
Commercial (CM 0.5 and 0.3), Open Space (OS) and Tidelands and Submerged
Lands (TS), and limited to a total maximum development of 139,680 square feet.
3. The Property is currently located within the Coastal Zone and has Coastal Land Use
Plan designations of Recreational and Marine Commercial (CM -A and CM -B), Open
Space (OS) and Tidelands and Submerged Lands (TS).
4. The Property is currently located within the Planned Community zoning district (PC -9)
and within the Recreational and Marine (CM 0.3) zoning district.
5. On November 7, 2013, the Planning Commission held a study session for the project
in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, on the
Draft Environmental Impact Report (DEIR) and Project.
6. The Planning Commission held a public hearing on December 19, 2013, in the City Hall
Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of the
time, place and purpose of the aforesaid meeting was provided in accordance with
California Environmental Quality Act (CEQA) and the Newport Beach Municipal Code
(NBMC). The environmental documents for the Project comprising the DEIR, Final
Environmental Impact Report (FEIR) which consists of Responses to Comments,
Corrections and Additions to DEIR (collectively, the EIR), and Mitigation Monitoring
and Reporting Program (MMRP), the draft Findings and Facts in Support of Findings
(Findings), staff report, and evidence, both written and oral, were presented to and
considered by the Planning Commission at these hearings.
7. On December 19, 2013, the Planning Commission adopted Resolution No. 1928 by a
unanimous vote of 7 -0, recommending certification of the Back Bay Landing FEIR
(SCH No. 20121010034) and approval of the Project to the City Council.
8. The City Council held a public hearing February 11, 2014, in the City Hall Council
Chambers, at 100 Civic Center Drive, Newport Beach, California. A notice of the time,
place and purpose of the aforesaid meeting was provided in accordance with CEQA
and the NBMC. The environmental documents for the Project comprising the FEIR,
the Findings and Facts in Support of Findings (Findings), staff report, and evidence,
both written and oral, were presented to and considered by the City Council at the
scheduled hearing.
City Council Resolution No. 2014 -14
Page 3
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION,
1. The Back Bay Landing FEIR (SCH No. 20121010034) was prepared for the Project in
compliance with the CEQA, the State CEQA Guidelines, and City Council Policy K -3.
2. The City Council, having final approval authority over the Project, adopted and certified
as complete and adequate the Back Bay Landing FEIR, and adopted "Findings and
Facts in Support of Findings for the Back Bay Landing Project Final Environmental
Impact Report" (CEQA Findings) containing within Resolution No. 2014 -10 on
February 11, 2014, which are hereby incorporated by reference.
3. On the basis of the entire environmental review record, the proposed Project will have
a less than significant impact upon the environment with the incorporation of mitigation
measures.
4. The mitigation measures identified in the FEIR are feasible and reduce potential
environmental impacts to a less than significant level. The mitigation measures would
be applied to the Project through the MMRP.
5. The City Council finds that judicial challenges to the City's CEQA determinations and
approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees and damages which may be
awarded to a successful challenger.
SECTION 3. FINDINGS.
In accordance with Newport Beach Municipal Code Section 19.76.020 (Required Findings
for Action on Lot Line Adjustments), the following findings and facts in support of such
findings are set forth:
A. Approval of the lot line adjustment will not, under the circumstances of the particular
case, be detrimental to the health, safety, peace, comfort, and general welfare of
persons residing or working in the neighborhood of such proposed use or be
detrimental or injurious to property and improvements in the neighborhood or the
general welfare of the City, and further that the proposed lot line adjustment is
consistent with the legislative intent of this title.
Facts in Support of Finding:
A -1. The lot line adjustment will improve ingress and egress to the project site with a new
driveway, which is consistent with the purpose and intent of Title 19 (Subdivisions).
City Council Resolution No. 2014 -14
Page 4
A -2. The new driveway location will ensure that the project provides adequate access for
traffic and circulation, and will protect land owners and surrounding residents, and will
preserve the public health, safety, and general welfare of the City.
A -3. The adjusted lot lines of the subject parcels will not result in a development pattern
which is inconsistent with the surrounding neighborhood.
B. The number of parcels resulting from the lot line adjustment remains the same as
before the lot line adjustment.
Facts in Support of Finding:
13-1. The lot line adjustment between the Parcel 3 (subject property) and Parcel 2 (adjacent
Bayside Village Mobile Home Park) of Parcel Map No. PM 93 -111 will not result in the
creation of additional parcels. Only the common property lines between these two
parcels will be affected by the proposed lot line adjustment.
B -2. The proposal does not increase or reduce the number of parcels.
Finding:
C. The lot line adjustment is consistent with applicable zoning regulations except that
nothing herein shall prohibit the approval of a lot line adjustment as long as none of
the resultant parcels is more nonconforming as to lot width, depth and area than the
parcels that existed prior to the lot tine adjustment.
Facts in Support of Finding:
C -1. The adjusted lot line will not render either of the resulting parcels nonconforming as to .
lot width, depth and area.
C -2. The donor parcel (Parcel 2) will be reduced from 12.732 acres to 12.429 acres, which
well exceeds the 5,000 - square -foot minimum parcel size of Section 20.10.030 of the
Municipal Code.
Finding:
D. Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a
result of the lot line adjustment.
Facts in Support of Finding:
D -1. The parcels as adjusted will not be deprived of legal access as both parcels will
continue to maintain access from Bayside Drive.
City Council Resolution No. 2014 -14
Page 5
D -2. Vehicular access and parking within Parcel 2 (mobile home park) will be reconfigured
as a condition of approval to ensure residents maintain adequate circulation through
the mobile home park.
Finding:
E. That the final configuration of the parcels involved will not result in the loss of direct
vehicular access from an adjacent alley for any of the parcels that are included in the
lot line adjustment.
F acts in Support of Finding:
E -1. The final configuration of the parcels involved will not result in the loss of direct
vehicular access from an adjacent alley as there are no alleys in the vicinity.
am
--
I". That the final configuration of a reoriented lot does not result in any reduction of the
street side setbacks as currently exist adjacent to a front yard of any adjacent key,
unless such reduction is accomplished through a zone change to establish appropriate
street side setbacks for the reoriented lot. The Planning Commission and City Council
in approving the zone change application shall determine that the street side setbacks
are appropriate, and are consistent and compatible with the surrounding pattern of
development and existing adjacent setbacks.
Facts in Support of Finding.
F -1. The lot line adjustment does not result in a reoriented lot configuration.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Newport Beach hereby approves Lot Line Adjustment
No. LA2011 -003, attached hereto as Exhibit A and incorporated herein by reference,
and subject to the conditions set forth in Exhibit B, which is attached hereto and
incorporated herein by reference.
2. This resolution was approved, passed and adopted at a regular meeting of the City
Council of the City of Newport Beach, held on the 11t" day of February, 2014.
3. Lot Line Adjustment No. LA2011 -003 shall not become effective until the effective date
of approval by the California Coastal Commission of the Coastal Land Use Plan
Amendment (LC201 1 -011).
ATTESTT::Ff /�� hao-- '
Leilani I. Brown
City Clerk
City Council Resolution No, 2014 -14
Page 6
2 i
Rush N. Hill, II
Mayor
City Council Resolution No. 2014-14
Page 7
EXHIBIT A
LOT LINE ADJUSTMENT NO. LA2011-003
City Council Resolution No. 2014 -14
EXHIBIT "A"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT 2012 -
(LEGAL DESCRIPTION)
OWNERS
EXISTING PARCELS
PROPOSED PARCELS
AP NUMBER
REFERENCE NUMBER
Bayside Village Marina, LLC
440 - 132 -61
PARCEL 1
Bayside Village Marina, LLC
440 - 132 -60
PARCEL 2
EXISTING LEGAL DESCRIPTION:
PARCELS 2 AND 3 OF PARCEL MAP NO. 93 -111, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA, AS
SHOWN ON A MAP FILED IN BOOK 278, PAGES 40 TO 45 INCLUSIVE OF
PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AS
CORRECTED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED
JUNE 6, 1994 AS INSTRUMENT NO. 94- 380365 OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA.
PROPOSED LEGAL DESCRIPTION:
PARCEL 1 AND PARCEL 2
THIS EXHIBIT HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION,
DATED THIS CZ47 DAY OF_� . 2012.
RR L SELTON, .5347
sf IS 534 �P
9lF OF OptSE���
SHEET 1 OF 1
City Council Resolution No. 2014-14
Paste 9
EXHIBIT 111311
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2012 -
(MAP)
OWNERS
EXISTING PARCELS
PROPOSED PARCELS
AP NUMBER
REFERENCE NUMBER
Bayside Village Marina, LLC
440-132-61
PARCEL I
Bayside Village Marina, LLC
440-132-60
PARCEL 2
---------------------------------------------------------
j SEE SHEET 4
PARCEL2
AA.
PAIRIC'EL'I tin i
------ -----
DRIVE
SEE
SHEET 2
WA Y
------------
SEE SHEET 3 11
I N D E X MAP
LEGEt [D
- EXISTING LOT LINES TO REMAIN 0 100290 400 800
—PROPOSED LOT LINE
— — — — EXISTING LOT LINES TO BE ADJUSTED
------- EXISTING EASEMENTS AS NOTED GRAPHIC SCALE
SEE SHEET 7 FOR EASEMENT NOTES " "=400' LAND
SEE SHEET 6 FOR LINE AND CURVE DATA TABLES
THIS EXHIBIT HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION.
#VW^2012.
DATED THIS Y OF 1 JS5
or
USELPW L.S. 5347 SHEET I OF 7
�X-
m
City Council Resolution No. 2014 -14
Paae 10
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2012 -
(MAP)
OWNERS
EXISTING PARCELS
PROPOSED PARCELS
AP NUMBER
REFERENCE NUMBER
Bayside Village Marina, LLC
440 - 132 -61
PARCEL 1
Bayside Village Marina, LLC
440 - 132 -60
PARCEL 2
S E E S H E E T 4
O� }y T�•ij8, PARCELI
CJ�
13 R��� }� Z7 b,
1 ` `/O 12.429 Ac (GROSS) 1
12.429 Ac. (NET)
37.Z�r.
N>8971, 12.
N77• 4g 17' -'`
xGW x48.39'
U
PARCEL2 '59,
77t
`7,9 7 .--
NsPtip"rg•W &"
31.43' Ac. (GROSS) - °
28.899 Ac. (NET) " 3 `°
It
W �. -.r Q
N88'T3'14 "E R
W 60.00'
m �
�
16 N8306'2F 00 M � �.,� m tt
-
0.84' °' • .,G2
L 2t
87'36'76 "W 123.34' 123.34' Lx '
Lv i
L 4
W COAST HIGHWAY U
`EAST
(l1��
0 20 40 80 160
LEGEND 1
EXISTING LOT LINES TO REMAIN GRAPHIC SCALE
PROPOSED LOT LINE SCALE: 7 " =80'
— — — — EXISTING LOT LINES TO BE ADJUSTED
-- - - - - -- EXISTING EASEMENTS AS NOTED
SEE SHEET 7 FOR EASEMENT NOTES
SEE SHEET 6 FOR LINE AND CURVE DATA TABLES SHEET 2 OF 7
City Council Resolution No. 2014-14
OWNERS
EXISTING PARCELS
I
PROPOSED
PARCELS
8 DRAINAGE
C
AP NUMBER
REFERENCE
NUMBER
Bayside Village
Marina,
LLC
440-132-61
PARCEL 1
Bayside Village
Marina,
LLC
NOT APART
440-132-60
N[88'13'14�'E
PARCEL 2
146.16
S E
E S H E E
T 4
SCALE: I"=100'
- EXISTING LOT LINES TO REMAIN
-PROPOSED LOT LIKE
EXISTING LOT LINES TO BE ADJUSTED
EXISTING EASEMENTS AS NOTED
SEE SHEET 7 FOR EASEMENT NOTES
SEE SHEET 6 FOR LINE AND CURVE DATA TABLES
SHEET 3 OF 7
PARCEL2
041
31.431 Ac. (GROSS)
Ld
28.899 Ac. (NET)
Ld
8 DRAINAGE
C
76 L
18
--------- 1111'13'0
I Do 00?"
6
7
NOT APART
N[88'13'14�'E
0 25 50 100 200
146.16
GRAPHIC SCALE
LEGEND
SCALE: I"=100'
- EXISTING LOT LINES TO REMAIN
-PROPOSED LOT LIKE
EXISTING LOT LINES TO BE ADJUSTED
EXISTING EASEMENTS AS NOTED
SEE SHEET 7 FOR EASEMENT NOTES
SEE SHEET 6 FOR LINE AND CURVE DATA TABLES
SHEET 3 OF 7
City Council Resolution No. 2014-14
Paae 12
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2012 -
(MAP)
OWNERS
EXISTING PARCELS
PROPOSED PARCELS
AP NUMBER
REFERENCE NUMBER
Bayside Village Marina, LLC
440-132-61
PARCEL 1
Bayside Village Marina, LLC
440-132-60
PARCEL 2
N85'52'1 7"W 82.62'
a�
tit
78 '50'47'VV 867,58'
PARCEL2
31.431 Ac. (GROSS)
28.899 Ac. (NET) "F IrIv
6'44
INB6'20'5%N 834
L 9 _283.56'-
L2 SEE D AIL
5 D SHEET 5
Q1, PARCELi '4j
?0
lb 12.429 Ac. (GROSS)
'v 12.429 Ac. (NET)
3
F-
LLJ
C7
A/5.,
Ld
LAJ
0 150 300 600
GRAPHIC SCALE
LEGEND
SCALE: 1" =300'
— EXISTING LOT LINES TO REMA:N
-PROPOSED LOT LINE
EXISTNG LOT LINES TO BE ADJUSTED
EXISTING EASEMENTS AS NOTED
SEE SHEET 7 FOR EASEMENT NOTES
SEE SHEET 6 FOR LINE AND CURVE DATA TABLES SHEET 4 OF 7
City Council Resolution No. 2014 -14
OWNERS EXISTING PARCELS PROPOSED PARCELS
AD All IAdDCD DCCCDCAI/`C MIJUDCD
Bayside Village Marina, LLC ( 440 - 132 -61 L PARCEL 1�
Bayside Village Marina, LLC� 440- 132 -60 PARCEL 2
c:
w
L10
V)
U-1
LU
U)
S E E S H E E T
1
:I
�'
cr
l
U-1
13
i N6 %'RPM
N$5'20'S5 "E 253.77'-'-"-
_
U)
U-1
Lk!
V)
City Council Resolution No, 2014 -14
Pace 14
EXHIBIT u
NEWPORT CITY OF BEACH
LOT LINE 1°
(MAP)
DELTA
OWNERS
EXISTING PARCELS
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBER
Bayside Village Marina, LLC
440 - 132 -61
PARCEL 1
Bayside Village Marina, LLC
440 - 132 -60
PARCEL 2
16.03
DATA
TABLES
SHEET 6 OF 7
�
LINE TABLE
13.85
34.93
BEARING
LENGTH
L1
N56'13'52 "W
87.12
L2
N33 "46'08' "E
27.00
L3
N56'13`52 "Ni
24.42
L4
N21'24`24 "W
32.42
L5
N77`49'10 "W
38.75
L8
N43'ST1p "E
29.51
L7
N78'05'57 "W
118.81
L8
N70'53'03 "E
34.83
L9
N10'02'29 "E
68.08
LID
N7Y15'20 °E
16.19
C11
NO2'23'44 "E
4.OD
L12
N8T36'16 "W
12.00
Lt3
N06'S3'3D "E
6.59
L14
N87'36'I6 "W
24.16
L15
N79'43'S0 "W
73.00
L16
N73'D6'S4 "W
43,65
L17
N60't 6'43 "E
29.81
L18
NOt'46'46 "W
24.00
L19
N88'13'34 "E
33.06
L20
N27'40'32 "E
68.42
L ?_1
N22'0$'49 "E
$3.80
L22
N7 6'24'49 "W
9.28
L23
N01'06'20 "44'
7.64
124
M$3'52'34 "E
100.02
L ?,5
N17'23'09 "W
7.51
L26
N63'38'S5 E
9.31
L27
N14'50'20"W
12.44
L28
N0T30'04 "W
12.78
L29
N83'04'5
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
8'02'07"
440.00
67.77
C2
61'12'S1 "-
15.Op
16.03
640.00
50.80
144'29'33"
13.85
34.93
172'48'1 4"
13.BS
41.77
LC4432'53"
26'25'27"
640.00
296.16
30'58'20"
640.00
345.96
532740"
440.00
41055
74'00'00"
440.00
568,28
2 "E
102.32
€ L30
N84'02'29 "E
150.00
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
8'02'07"
440.00
67.77
C2
61'12'S1 "-
15.Op
16.03
640.00
50.80
144'29'33"
13.85
34.93
172'48'1 4"
13.BS
41.77
LC4432'53"
26'25'27"
640.00
296.16
30'58'20"
640.00
345.96
532740"
440.00
41055
74'00'00"
440.00
568,28
City Council Resolution No. 2014 -14
Paae 15
EXHIBIT "B"
CITY OF NEWPORT BEACH
T LINE ADJUSTMENT
(MAP)
OWNERS
EXISTING
PARCELS
PROPOSED PARCELS
AP NUMBER
REFERENCE NUMBER
Bayside Village Marina, LLC
440- 132 -61
PARCEL 1
Bayside Village Marina, LLC
440 - 132 -60
PARCEL 2
EAMMUM
03 SUCCESSORS AND ASSIGNS OF LAGUNA BEACH COUNTY WATER DISTRICT HOLDER OF AN EASEMENT FOR WATER PIPE LINE PURPOSES
RECORDED NOVEMBER 30, 1928 IN BOOK 221 PAGE 76 OF OFFICIAL RECORDS
0 COUNTY SANITATION DISTRICT No. 5 OF ORANGE COUNTY HOLDER OF AN EASEMENT FOR SEWER PURPOSES RECORDED MARCH 16,
1966 IN BOOK 7870 PAGE 919 OF OFFICIAL RECORDS AMENDED SEPTEMBER 15, 1983 AS INSTRUMENT NO, 83- 406733
SWTHERN CALIFORNIA EDISON CO., ORANGE COUNTY SANITATION DISTRICT, SOUTHERN CALIFORNIA GAS CO., TELEPROMPTER CABLE T.V.
CO., AND PACIFIC TELEPHONE AND TELEGRAPH CO. HOLDERS OF VARIOUS EASEMENTS FOR PUBLIC UTILITY PURPOSES RESERVED IN THE
DOCUMENT RECORDED DECEMBER 1, 1983 AS INSTRUMENT NO. 83- 549259 OF OFFICIAL RECORDS
0 THE STATE OF CALIFORNIA HOLDER ALL RIGHTS OF INGRESS AND EGRESS TO THE ADJOINING HIGHWAY,
RESERVED IN THE DOCUMENT RECORDED DECEMBER 1, 19B3 AS INSTRUMENT NO. 83- 549259 OF OFFICIAL RECORDS
THE STATE OF CALFORNIA HOLDER OF AN EASEMENT FOR HIGHWAY AND DRAINAGE PURPOSES RECORDED MARCH 22, 1984 AS
INSTRUMENT NO. 84- 118950 OF OFFICIAL RECORDS
10 THE CITY OF NEWPORT BEACH HOLDER OF EASEMENTS FOR WATERLINE AND STORM DRAIN PURPOSES AS OFFERED FOR DEDICATION
PER PARCEL MAP NO. 93-111
71 THE CITY OF NEWPORT BEACH HOLDER OF THE IRREVOCABLE OFFER TO DEDICATE TO THE CITY OF NEWPORT BEACH AN EASEMENT
FOR STREET PURPOSES AS SHOWN ON THE MAP OF SAID TRACT, OVER A PORTION OF SAID LAND. SAID OFM WAS NOT ACCEPTED AT THIS
TIME.
73 A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS PURPOSES FOR THE BENEFIT OF PARCEL 2 OF PARCEL MAP NO. 93-111
OVER THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 93 -111 DESIGNATED BY NOTE K, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 278, PAGES 40 TO 45 INCLUSIVE OF PARCEL MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, AS CORRECTED BY THAT CERTAIN CERTIFICATE OF CORREC71ON RECORDED JUNE 6, 1994 AS INSTRUMENT N0,
94- 380365 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALFORNIA, AS NOTED IN THE IN THE DEED RECORDED AUGUST 23, 2004 AS
INSTRUMENT NO 2004000762947 OF OFFICIAL RECORDS AND AS RESERVED IN THE DEED RECORDED AUGUST 23, 2004 AS INSTRUMENT N0,
20MG0762948 OF OFFICIAL RECORDS AND RE- RECORDED OCTOBER 22, 2004 AS INSTRUMENT NO, 2004000955355 OF OFFICIAL RECORDS.
14 A NON - EXCLUSIVE EASEMENT FOR RECREATIONAL USE FOR THE BENEFIT OF PARCEL 2 OF PARCEL MAP NO, 93-11
OF THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 93-111 DESIGNATED BY NOTE L IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 278, PAGES 40 TO 45 INCLUSIVE OF PARCEL MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, AS CORRECTED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED JUNE 6, 1994 AS INSTRUMENT N0,
94- 380365 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, AS NOTED IN THE IN THE BEET) RECORDED AUGUST 23, 2004 AS
INSTRUMENT NO. 2004000762947 OF OFFICIAL RECORDS AND AS RESERVED IN THE DEED RECORDED AUGUST 23, 2004 AS INSTRUMENT N0,
2004000762948 OF OFFICIAL RECORDS RE- RECORDED OCTOBER 22, 2004 AS INSTRUMENT NO. 2004000955355 OF OFFICIAL RECORDS,
16 AN EASEMENT IN FAVOR OF A PORTION OF PARCEL. 3 OF FOR INGRESS AND EGRESS PURPOSES PER THE DOCUMENTS RECORDED
AUGUST 23, 2D44 AS INSTRUMENT NOS. 2004 - 762949 AND 2004- 762950, OF OFFICIAL RECORDS, SAID EASEMENT IS BLANKET IN NATURE
AND NOT PLOTTABLE.
18 THE CITY OF NEWPORT BEACH HOLDER OF EASEMENT(S)'FOR STORM DRAIN PURPOSE(S) AS DELINEATED OR AS OFFERED FOR DEDICATION,
ON THE MAP OF PARCEL MAP NO, 93 -111
SHEET 7 OF 7 �
City Council Resolution No. 2014 -14
Paqe 16
EXHIBIT NI "
CITY OF NEWPORT BEACH
LOT LINE J T E T NO. LA 2012 -
{SITE PLAN}
OWNERS
EXISTING
PARCELS
PROPOSED PARCELS
AP NUMBER
REFERENCE NUMBER
Bayside Village Marina, LLC
440- 132 --61
PARCEL 1
Bayside Village Marina, LLC
440 - 132 -60
PARCEL 2
0 150 300 600
4
GRAPHIC SCALE
SCALE: 1"=300'
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THIS EXHIBIT HAS BEEN PREPARED BY ME OR
` UNDER MY DIRECTION.
LEGEND
EXISTING LOT LINES TO REMAIN DATED DAY OF 2012 7f
PROPOSED LOT LINE ` " """ —� 9i lS 510
tlti'
F
— — — — EXISTING LOT LINES TO BE ADJUSTED OF
- - - - - -- EXISTING EASEMENTS AS NOTED
SEE SHEET 3 FOR EASEMENT NOTES L. U$ELTON, L.S. 5347 SHEET 1 OF 3
Page
EXHIBIT ii n
CITY OF NEWPORT BEACH
LOT LINE e LA 2012 -
ADJUSTMENT
(SITE PLAN)
OWNERS
EXISTING PARCELS
PROPOSED PARCELS
AP NUMBER
REFERENCE NUMBER
Bayside Village Marina, LLC
440- 132 -61
PARCEL 1
Bayside Village Marina, LLC
440- 132 -60
PARCEL 2
S E E S H E E T 1
� 1
65,E 5. 12.429 Ac (GROSS)
12.429 Aa
9, W
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4
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LEI
W PARCEL2 �i
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ED
--------- �0 31.431 Ac. (GROSS)
28.899 Ac, (NET) I
S E E S H E E T 1
LEGEND
EXISTING LOT LINES TO REMAIN 0 20 40 80 160
PROPOSED LOT LINE
-- — —. — EXISTING LOT LINES TO BE ADJUSTED..__
---- - - - - -- EXISTING EASEMENTS AS NOTED GRAPHIC SCALE
SEE SHEET 3 FOR EASEMENT NOTES SCALE; 1 " =80'
SHEET 2 OF 3
City Council Resolution No. 2014 -14
Paae 18
EXHIBIT 11 11
CITY OF NEWPORT BEACH
LOT LINE . LA 2 -
(SITE PLANS)
OWNERS
EXISTING PARCELS
PROPOSED PARCELS
AP NUMBER
REFERENCE NUMBER
Bayside Village Marina, LLC
440- 132 --61
PARCEL 1
Bayside Village Marina, LLC
440- 132 -60
PARCEL 2
FA HIM
30 SUCCESSORS AND ASSIGNS OF LAGUNA BEACH COUNTY WATER DISTRICT HOLDER OF AN EASEMENT FOR WATER PIPE UNE PURPOSES
RECORDED NOVEMBER 30, 1928 IN BOOK 221 PAGE 76 OF OFFICIAL RECORDS
5Q COUNTY SANITATION DISTRICT No. 5 OF ORANGE COUNTY HOLDER OF AN EASEMENT FOR SEWER PURPOSES RECORDED MARCH 16,
1966 IN BOOK 7870 PAGE 919 OF OFFICIAL RECORDS AMENDED SEPTEMBER 15, 1983 AS INSTRUMENT NO, 83- 406733
SOUTHERN CALIFORNIA EDISON CO., ORANGE COUNTY SANITATION DISTRICT, SOUTHERN CALIFORNIA GAS CO., TELEPROMPTER CABLE T.V,
CO., AND PACIFIC TELEPHONE AND TELEGRAPH CO. HOLDERS OF VARIOUS EASEMENTS FOR PUBLIC UTILITY PURPOSES RESERVED IN THE
DOCUMENT RECORDED DECEMBER 1, 1983 AS INSTRUMENT N0, 83- 549259 OF OFFICIAL RECORDS
IQ THE STATE OF CALIFORNIA HOLDER ALL RIGHTS OF INGRESS AND EGRESS TO THE ADJOINING HIGHWAY,
RESERVED IN THE DOCUMENT RECORDED DECEMBER 1, 1983 AS INSTRUMENT NO. 83- 549259 OF OFFICIAL RECORDS
Q THE STATE OF CALIFORNIA HOLDER OF AN EASEMENT FOR HIGHWAY AND DRAINAGE PURPOSES RECORDED MARCH 22, 1984 AS
INSTRUMENT N0, W118950 OF OFFICIAL RECORDS
10 THE CITY OF NEWPORT BEACH HOLDER OF EASEMENTS FOR WATERUNE AND STORM DRAIN PURPOSES AS OFFERED FOR DEDICATION
PER PARCEL MAP NO. 93-111
ii THE CITY OF NEWPORT BEACH HOLDER OF THE IRREVOCABLE OFFER TO DEDICATE TO THE CITY OF NEWPORT BEACH AN EASEMENT
FOR STREET PURPOSES AS SHOWN ON THE MAP OF SAID TRACT, OVER A PORTION OF SAID LAND, SAID OFFER WAS NOT ACCEPTED AT THIS
TIME
13 A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS PURPOSES FOR THE BENEFIT OF PARCEL 2 OF PARCEL MAP NO. 93-111
OVER THAT PORTION OF PARCEL 3 OF PARCEL MAP NO, 93-111 DESIGNATED BY NOTE K. IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 278, PAGES 40 TO 45 INCLUSIVE OF PARCEL MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, AS CORRECTED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED ,JUNE 6, 1994 AS INSTRUMENT NO.
94- 380365 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, AS NOTED IN THE IN THE DEED RECORDED AUGUST 23, 2004 AS
INSTRUMENT NO. 2004000762947 OF OFFICIAL RECORDS AND AS RESERVED IN THE DEED RECORDED AUGUST 23, 2004 AS INSTRUMENT NO.
2604600762948 OF OFFICIAL RECORDS AND RE- RECORDED OCTOBER 22, 2004 AS INSTRUMENT NO. 20040OD955355 OF OFFICIAL RECORDS.
14 A NON- EXCLUSIVE EASEMENT FOR RECREATIONAL USE FOR THE BENEFIT OF PARCEL 2 OF PARCEL MAP NO. 93-11
OF THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 93-111 DESIGNATED BY NOTE L IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 278, PAGES 40 TO 45 INCLUSIVE OF PARCEL MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, AS CORRECTED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED JUNE 6, 1994 AS INSTRUMENT NO,
94- 380365 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, AS NOTED IN THE IN THE DEED RECORDED AUGUST 23, 2004 AS
INSTRUMENT NO. 20MOD762947 OF OFFICIAL RECORDS AND AS RESERVED IN THE DEED RECORDED AUGUST 23, 2004 AS INSTRUMENT NO.
2004000762948 OF OFFICIAL RECORDS RE- RECORDED OCTOBER 22, 2004 AS INSTRUMENT NO. 2004010955355 OF OFFICIAL RECORDS.
16 AN EASEMENT IN FAVOR OF A PORTION OF PARCEL 3 OF FOR INGRESS AND EGRESS PURPOSES PER THE DOCUMENTS RECORDED
AUGUST 23, 2004 AS INSTRUMENT NOS. 2004 - 762949 AND 2004 - 762950, OF OFFICIAL RECORDS. SAID EASEMENT IS BLANKET IN NATURE
AND NOT PLOTTABLE.
®THE CITY OF NEWPORT BEACH HOLDER OF EASEMENT(S) FOR STORM DRAIN PURPOSE($) AS DELINEATED OR AS OFFERED FOR DEDICATION,
ON THE MAP OF PARCEL MAP NO. 93 -111
SHEET 3 OF 3
City Council Resolution No. 2014 -14
Page 19
EXHIBIT B
CONDITIONS OF APPROVAL
LOT LINE ADJUSTMENT NO. LA2011 -003
The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. Prior to the release for recordation, approval from the California Coastal Commission
shall be required.
3. Prior to the release for recordation, Coastal Land Use Plan Amendment No. LC2011 -011
shall have been approved by the California Coastal Commission.
4. Prior to the release for recordation, the applicant shall apply for a building permit to
demolish the three mobile home units currently addressed as 76 Yorktown, 102
Yorktown, and 125 Liberty, the internal drive aisles and parking spaces within the mobile
home park shall be reconfigured in conformance with Exhibit 8 of the Back Bay Landing
Planned Community Development Plan, and all work fulfilling this requirement shall be
completed and received final inspection by the Building Division.
5. This approval shall expire and become void unless exercised within 24 months from the
effective date of this approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
6. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Back Bay Landing including, but not limited to
LA2011 -003 (PA2011 -216). 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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
1, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2014 -14 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the I I�h day of February, 2014, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 12'" day of February, 2014.
� � ,N7-
City Clerk
Newport Beach, California
(Seal)