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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' w y t .r � I t 1 4 If ro al", r� e y SHEETL2 SITE L LAND SU 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 gAd' °.QO9 0, at 2+ 7< H S�V`T� �y I^— °, 0 fi a a° D fat 9 4 _ v pva trb" � .n LiJjU "� 81.93 5 fiEglY yERy - t ..pn ` uj r NSE.IY � OQr licor OOaes p td �.�9Y � verhang _. -.._.- r U) _ _ -- ._ -------- _ _ ___ iat ° LEI W PARCEL2 �i _.. 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)