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HomeMy WebLinkAbout2016-46 - Approving Lot Line Adjustment No. LA2013-003 for the Planning Community Known as Back Bay Landing (PA2011-216)RESOLUTION NO. 2016-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. LA2013- 003 FOR THE PLANNED COMMUNITY KNOWN AS BACK BAY LANDING (PA2011-216) WHEREAS, on December 16, 2011, an application was filed by Bayside Village Marina, LLC ("Applicant') with respect to an approximately 31 -acre parcel generally located north of East Coast Highway and northwest of Bayside Drive, legally described as Parcel 1 of PM 93-111, ("Property") requesting approval of various legislative and related approvals to allow for the future development of a mixed-use bayfront village comprising up to 94,035 square feet of marine -related and visitor -serving commercial uses and up to 49 residential units (`Project'). The following approvals were requested or required 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 creates 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 also changes 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 establishes 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 zoned as Bayside Village Mobile Home Park Planned Community (PC-1/MHP); and 2) the existing 0.642 -acre portion of the project site 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 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 (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. Resolution No. 2016-46 Page 2 of 8 f. Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the Municipal Code; WHEREAS, 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), with a total maximum development of 139,680 square feet allowed in the 2006 General Plan; WHEREAS, 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) in the City's Certified Coastal Land Use Plan; WHEREAS, the Property is currently located within the Planned Community zoning district (PC -9) and within the Recreational and Marine (CM 0.3) zoning district for the portion of Parcel 3 of Parcel Map 93-111 south of East Coast Highway; WHEREAS, on November 7, 2013, the Planning Commission held a study session for the Project in the City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, on the Draft Environmental Impact Report (DEIR) and Project; WHEREAS, the Planning Commission held a public hearing on December 19, 2013, in the City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the public hearing was provided in accordance with the 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 this hearing; WHEREAS, 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; WHEREAS, the City Council held a public hearing on February 11, 2014, in the City Hall Council Chambers, located 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 DEIR, FEIR which consists of Responses to Comments, Corrections and Additions to DEIR (collectively, the EIR), and MMRP, the Findings, staff report, and evidence, both written and oral, were presented to and considered by the City Council at this hearing; WHEREAS, on February 11, 2014, the City Council adopted Resolution No. 2014-10 certifying the FEIR No. ER2012-003 (SCH No. 2012101003) to be in compliance with the CEQA, the State CEQA Guidelines, and City Council Policy K-3 (Certified EIR); Resolution No. 2016-46 Page 3 of 8 WHEREAS, on February 11, 2014, the City Council adopted: Resolution No. 2014-11 approving General Plan Amendment No. GP2011-011; Resolution No. 2014-12 approving Coastal Land Use Plan Amendment No. LC2011-007; Resolution No. 2014-13 approving Traffic Study No. TS2011-003; and Resolution No. 2014-14 approving Lot Line Adjustment No. 2011-003. These resolutions were adopted but not effective until the approval of LC2011-011 by the California Coastal Commission becomes final; WHEREAS, on February 25, 2014, the City Council adopted Ordinance No. 2014-3 approving Code Amendment No. CA2013-009 and Ordinance No. 2014-4 approving Planned Community Development Plan No. PC2011-001. These ordinances were adopted but not effective until the approval of LC2011-011 by the California Coastal Commission becomes final; WHEREAS, on July 11, 2014, the California Coastal Commission received the City's submittal of Coastal Land Use Plan Amendment No. LC 2012-001 (LCP-5-NPB-14-0820-2); WHEREAS, on December 10, 2015, the California Coastal Commission certified the City's application request (LCP-S- NPB-14-0820-2) with the suggested modifications to the proposed CLUP amendment, including: a. Modified the proposed CLUP land use category from Mixed -Use Horizontal (MU -H) to Mixed Use Water -Related (MU -W). The primary difference between the two designations is that the MU -H designation allowed free-standing residential while the MU -W designation allows for the vertical mixed-use structures, where residential uses are located above the ground floor. Freestanding residential units are prohibited. b. Eliminated a proposed height exception to the 35 -foot Shoreline Height Limitation Zone under CLUP Policy 4.4.2-1 for a single, up to 65 -foot tall coastal public view tower. C. Included new site specific CLUP Policies 2.1.9-2 and 2.1.9-3 requiring that the proposed public bayfront pedestrian promenade be continuous along the waterfront and connect the sidewalks along East Coast Highway at one end, to and along the shoreline of Back Bay Landing and the waterfront accessway adjacent to the mobilehome development on Parcell of Parcel Map 93-111 to the waterfront pedestrian access at the Newport Dunes recreation area at the other (eastern) end). d. Included a new site specific CLUP Policy 2.1.9-4 requiring that a hazards assessment of the potential for erosion, flooding, and/or damage from natural forces be prepared and submitted as part of the future site development review/coastal development permit application phase of the project. e. Included a new site specific CLUP Policy 2.1.9-5 requiring the preparation and implementation of a shoreline management plan for the development and shoreline areas of the site subject to tidal action, flooding, wave hazards and erosion f. Required CLUP Coastal Access and Recreation Map 3-1 be revised to illustrate the proposed bayfront promenade as a future waterfront public access trail and Bikeways Resolution No. 2016-46 Page 4 of 8 and Trail Map 2 to be revised to illustrate the proposed bike lane and trail improvements on Bayside Drive; WHEREAS, as a result of the Coastal Commission's action, the applicant is proposing General Plan, Coastal Land Use Plan, Code Amendment, and Planned Community Development Plan Amendments to modify the 2014 Council -approved land use designations and zoning regulations to make them consistent with Coastal Commission's approval on December 10, 2015 of the Coastal Land Use Plan Amendment with Suggested Modifications and to expand the land use boundaries and amend the land use designations on the site to include the revised 0.387 -acre lot line adjustment area; WHEREAS, a revised Lot Line Adjustment is requested 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. The revision increases the lot line adjustment area from 0.304 -acres to 0.387 - acres; WHEREAS, on March 17, 2016, the Planning Commission held a public hearing in the City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, at which time the Planning Commission considered the modifications of the Amendments as a result of the Coastal Commission's action and the applicant's request to revise the LLA and the PCDP, the Certified EIR, and Addendum. A notice of the time, place and purpose of the aforesaid hearing was provided in accordance with the NBMC. Evidence both written and oral was presented to and considered by the Planning Commission during this hearing; WHEREAS, on March 17, 2016, the Planning Commission adopted Resolution No. 2015 by a unanimous vote of 5-0, recommending adoption of the Addendum to the Back Bay Landing Certified EIR, modifications to the previously approved Project, and Lot Line Adjustment No. LA2016-003 to the City Council; WHEREAS, the City Council held a public hearing April 12, 2016, in the City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of this hearing 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), Addendum, staff report, and evidence, both written and oral, were presented to and considered by the City Council at the scheduled hearing; WHEREAS, 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; WHEREAS, 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 (Certified EIR); Resolution No. 2016-46 Page 5 of 8 WHEREAS, 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; WHEREAS, 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; WHEREAS, pursuant to CEQA Guidelines Sections 15162 and 15164, if changes occur to a project or its circumstances, or if new information becomes available after certification of an EIR, an addendum to the certified EIR may be prepared when the City is not required to prepare a subsequent environmental impact report to review the changes or new information; WHEREAS, the City has prepared an Addendum to the Certified EIR, consistent with the requirements of CEQA, for the Back Bay Landing project to analyze the potential differences between the impacts in the Certified EIR and those that would be associated with the requested modifications to the Amendments resulting from the Coastal Commission's action; WHEREAS, the City Council, having final approval authority over the Project, adopted and certified as complete and adequate the Addendum to the Back Bay Landing Certified EIR for reasons set forth in the Addendum and Resolution No. 2016-43 on April 12, 2016, which are hereby incorporated by reference; WHEREAS, 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; WHEREAS, 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: Finding: 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: Resolution No. 2016-46 Page 6 of 8 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). 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. Finding: 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: B-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 line 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 12.345 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. Resolution No. 2016-46 Page 7 of 8 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. Facts 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. Finding: F. 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, thus, there is no reduction in any of the street side setbacks. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. The recitals also constitute the findings the City Council relied upon when approving Lot Line Adjustment No. LA2016-003. Section 2: The City Council of the City of Newport Beach hereby rescinds Resolution No. 2014-14. Section 3: The City Council of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2016-003, 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. Section 4: Pursuant to CEQA Guidelines Section 15062, the changes to the Project are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent EIR does not need to be prepared. Resolution No. 2016-46 Page 8 of 8 Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: Lot Line Adjustment No. LA2016-003 shall take effect automatically upon a determination by the California Coastal Commission that the adoption of Coastal Land Use Plan Amendment No. LC2011-011 by Resolution No. 2014 -XX is legally adequate and conforms to the Coastal Commission's Certification of LCP-5-NPB-140820-2 on December 10, 2015. Section 7: 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 12"' day of April, 2016. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk EXHIBIT A LOT LINE ADJUSTMENT NO. LA2016-003 EXHIBIT "A'1 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA 2012 - (LEGAL DESCRIPTION) 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 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 DAY OF 2016. U1ND S J)=�,RY L. gSELTON, L.S. 5 L/ sr IS 5343 �P 9lF OF SHEET 1 OF i 1048\01\LLA\EXHIBITS Februory 2016 tep 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 i --------------------------------------------------------I SEE SHEET 4 I I I I I I I I I 1 I I 1 I I I N PARCEL 2 I � I 1 I _ I I I I PARCEL 1 I I I I I I I I ------}-- SEE I DRIVE I 4 j . SHEET 2 SOF -AST L- ------��---=='--------------------------------- Cpq I I I iGyWAY I 1'------------- j SEE SHEET 3 I `----------------- INDEX M A P LEGEND EXISTING LOT LINES TO REMAIN 0 100 200 400 800 PROPOSED LOT LINE — — — — EXISTING LOT LINES TO BE ADJUSTED - - - - - - - EXISTING EASEMENTS AS NOTED GRAPHIC SCALE SEE SHEET 7 FOR EASEMENT NOTESSCALE: 1"=400' LANG S SEE SHEET 6 FOR LINE AND CURVE DATA TABLES THIS EXHIBIT HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. DATED THIS'44-tl D Y OF A3?-44✓4+e'7 , 2016. - / syT LS 5343 �Q F OF ChO JERL/USELTON, L.S. 5347 / SHEET 1 OF 7 1048\01\LLA\EXHIBITS February 2016 iep 1048\01\LLA\EXHIBITS February 2016 tep 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 �ry ' PARCEL 1 hry 12.345 Ac. (GROSS) 13 e` o�• 12.345 Ac. (NET) 4��Ah^ Zry Cry L2 18 89.77' N>7.4g'IO'W 149.39 _ O �20'_�_` G PARCEL 2 101 N773J.15"—,; w i6'— N6RAD�'W'` Mr Q - to boN F. 31.515 Ac. (GROSS M� 28.983 Ac, (NET) 3 L1JN N88 -13-14"E 60.00' v co Ld ` . z z Ig aci_ O aai. N N83'O6'23" p a o,� o, 11 0.84' E i z , C2 L 2 J Ld 87'36'16"W 123.34' L13 Lt �f ui COAST HIGH WAY L�, _EAST ' 20 40 80 1 0 LEGEND EXISTING LOT LINES TO REMAIN GRAPHIC SCALE — — — PROPOSED LOT LINE — EXISTING LOT LINES TO BE ADJUSTED SCALE:1"=80' ------- EXISTING EASEMENTS AS NOTED SEE SHEET 7 FOR EASEMENT NOTES SEE SHEET 6 FOR LINE AND CURVE DATA TABLES SHEET 2 OF 7 1048\01\LLA\EXHIBITS February 2016 tep 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 A ry0 PARCEL 2 _ N a� 31.515 Ac. (ET)) LLI 28. 63 AC( o _ w W e HIGHWSY N eAS7- V) s� 284. iq. 8 DRAINAGE - a W � '- _ -_ ry COgsT ti 5 LL.I p ----- -�-- 6813'07" 100.00' AY NO 6 7 0 m NOT A PART N88'13'14"E 0 25 50 1 0 146.16 200 LEGEND GRAPHIC SCALE SCALE: 1 "=100' EXISTING LOT LINES TO REMAIN PROPOSED LOT LINE — — — — 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 1046\01\LLA\EXHIBITS Februory 2016 tep 1048\01\LLA\EXHIBITS February 2016 tep 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 N8552' 17" ak W 482.62' ry� fV78.50'47"W 86159• 0 ° PARCEL 2 a yryry 31.515 Ac. (GROSS) 13 28.983 Ac. (NET) ----- !NB6'20'55"E N83'46 44"E L 9' to -Z83.6 X253.77' Z N 6.5 .7 y95 SEE`D,DTAIL 2p y o D'�o0 t- SHEET 5 w PARCEL 1 a 2NN NQ) �m 12.345 Ac. (GROSS) RApssf 13 2V M aryO 1s M"�,�^ 12.345 Ac. (NET) 3 cs 2 W C7 %y�S 6 Nss, c& W -S q� •� LLi HE T LLI U 0150 300 6 0 GRAPHIC SCALE LEGEND SCALE: I"= 300' EXISTING LOT LINES TO REMAIN PROPOSED LOT LINE — — — —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 4 OF 7 1048\01\LLA\EXHIBITS February 2016 tep 1048\01\LLA\EXHIBITS February 2016 _tep 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 PARCEL 2 14 31,515 Ac. (GROSS) H 28.983 Ac. (NET) ; W Lv ---- ----- _ 3 W W - 13 L29 L2 N61.Rp0 N66'20'55'•E 253.77 y = = L2 05 L25 N L24 V) in L2 R, YQ W �j Ld �\' PARCEL 1 w LL1 . J V) 1n 12.345 Ac. (GROSS) 12.345 Ac. (NET) 1 S E E S H E E T 4 iq s 3o s1 I GRAPHIC SCALE SCALE. 1"=60' LEGEND EXISTING LOT LINES TO REMAIN PROPOSED LOT LINE — — — — 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 5 OF 7 1048\01\LLA\EXHIBITS February 2016 _tep EXHIBIT "B" CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA 2012 - (MAP) CURVE TABLE CURVE DELTA RADIUS OWNERS Cl 8'02'07" EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER Bayside Village Marina, LLC 67"12'51" 440-132-61 16.03 PARCEL 1 Bayside Village Marina, LLC 64D.00 440-132-60 C4 PARCEL 2 13.85 34.93 C5 DATA TABLES SHEET 6 OF 7 LINE TABLE Ll BEARING LENGTH Lt N5635'44"W 67.67 L2 N76'26'49"W 77.93 L3 N7626'49"W 82.00 L4 N7333'11"E 13.47 LS N76'50'14"W 31.36 L6 N33'51'46"E 6.73 L7 N76'26'56"W 77 97 LS N70'53'03"E 3374 19 N70'02'29"E 68.08 L70 N71'1 5'20'E 18.19 Ltt NO2'23'44"E 4.00 L12 N8T36'16"W 12.00 L73 N0223'44"E 4.00 L14 N8736'16"W 24.16 L75 N79'43'50"W 73.00 L16 N73'06'54"W 43.65 L77 N60'16'43"E 29.87 L18 NO1'46'46"W 24.00 L19 N88'13`34"E 33.06 L20 N27'40'32"E 66.42 L21 N22'OB'49"E 83.80 L22 N76'24'49"W 9.28 L23 N01`06'20"W L24 N63'52'34"E L25 N11'23'09"W L26 N63'38'5 M150.00 IU46\U1\LLA\tXFlltlllti February 2015 tep CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 8'02'07" 440.00 61.77 C2 67"12'51" 75.00 16.03 C3 4'32'53" 64D.00 50.80 C4 144'29'33" 13.85 34.93 C5 172'48'14" 73.85 47.77 C6 26'25'27" 640.00 295.16 C7 30'58'20" 640.00 345.96 CS 53'27'40" 440.00 410.55 C10 74'0000" 440.00 568.28 5"E L27 N14'50'20"W L28 N07'30'04"W L29 N83'04'52"E L30 N84'02'29"E IU46\U1\LLA\tXFlltlllti February 2015 tep CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 8'02'07" 440.00 61.77 C2 67"12'51" 75.00 16.03 C3 4'32'53" 64D.00 50.80 C4 144'29'33" 13.85 34.93 C5 172'48'14" 73.85 47.77 C6 26'25'27" 640.00 295.16 C7 30'58'20" 640.00 345.96 CS 53'27'40" 440.00 410.55 C10 74'0000" 440.00 568.28 EXHIBIT "B" CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. LA 2012 - (MAP) OWNERS EXISTING PARCELS PROPOSED PARCELS AP NUMBER REFERENCE NUMBER Boyside Village Marina, LLC 440-132-61 PARCEL 1 Bayside Village Morino, LLC 440-132-60 PARCEL 2 E6�L� Q 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 Q COUNTY SANITATION DISTRICT No. 5 OF ORANGE COUNTY HOLDER OF AN EASEMENT FOR SEWER PURPOSES RECORDED MARCH 16, 1966 IN BOOK 7670 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 NO. 83-549259 OF OFFICIAL RECORDS C7� THE STATE OF CALIFORNIA HOLDER ALL RIGHTS OF INGRESS AND EGRESS TO THE ADMNING HIGHWAY, ESERVED IN THE DOCUMENT RECORDED DECEMBER 1, 1983 AS INSTRUMENT NO. 83-549259 OF OFFICIAL RECORDS © THE STATE OF CALIFORNIA HOLDER OF AN EASEMENT FOR HIGHWAY AND DRAINAGE PURPOSES RECORDED MARCH 22, 1984 AS INSTRUMENT NO. 84-118950 OF OFFICIAL RECORDS PTHE CITY OF NEWPORT BEACH HOLDER OF EASEMENTS FOR WATERLINE AND STORM DRAIN PURPOSES AS OFFERED FOR DEDICATION PARCEL MAP NO. 93-111 11 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 .UNE 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. 20040000762947 OF OFFICIAL RECORDS AND AS RESERVED IN THE DEED RECORDED AUGUST 23, 2004 AS INSTRUMENT NO. 2004000762948 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 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 ,UNE 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. 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, 2004 AS INSTRUMENT NOS. 2004-762949 AND 2004-762950, OF OFFICIAL RECORDS. SAID EASEMENT IS BLANKET IN NATURE AND NOT PLOTTABLE. C18�THE CITY OF NEWPORT BEACH HOLDER OF EASEMENT(S) FOR STORM DRAIN PURPOSE(S) AS DELINEATED OR AS OFFERED FOR DEDICATION, �j THE MAP OF PARCEL MAP NO. 93-111 SHEET 7 OF 7 1048\01\LLA\EXHIBITS February 2015 tep EXHIBIT "C" CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT 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 GRAPHIC SCALE SCALE:1 "=300' P ,3 `�Rossl - n 328 g83�P6 �NEj� rt Pp F kNESi -- 1'645 Pc , — _ �� DETAIL SHEET2 SITE PLAN - , AO Ar ----- _B 5 LAND F0 Sp THIS EXHIBIT HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. LEGEND DATED THIS DAY OF �/YRJ, 2016. EXISTING LOT LINES TO REMAIN PROPOSED LOT LINE �[ f 'r9j. IS 5341 — — — — EXISTING LOT LINES TO BE ADJUSTED - - -- EXISTING EASEMENTS AS NOTED /, --' / f Of �A��FO� SEE SHEET 3 FOR EASEMENT NOTES � R L/USELTON L-.5-5347 SHEET 1 OF 3 1048\01\LLA\EXHIBITS February 2016 tep 11 1048\01\LLA\EXHIBITS February 2016 tep EXHIBIT 11Ct7 CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT 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 S E E S H E E T 1 h _ PARCEL 1 o n 12.345 Ac. (GROSS) D a `— '064 n o iugl Ono 12345 Ac. (NET) 20 U,� U U_Coo l L ^J• . U � m0oes° p c° f D 0Z / w m v�0 W mo mo / mo W Ld Bid to be Bid to be �� ' Bid to be Bid to be removed removed '// _ �/ -T- removed- removed _ 3/ � 8 p ------_—..—___. Ld Li PARCEL 2 f Ld w } (n a VY -_-- to 31.515 Ac (GROSS) m _- -..__ 28.983 Ac. (NET) _ __ -- ---------- I. _ --- '- - tt S E E S H E E T 1 SITE PLAN LEGEND EXISTING LOT LINES TO REMAIN 0 20 40 80 1 0 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 1048\01\LLA\EXHIBITS February 2016 tep EXHIBIT "B" CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT 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 EMANLHIM 3Q 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 © 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 PUBUC UTILITY PURPOSES RESERVED IN THE DOCUMENT RECORDED DECEMBER 1, 1983 AS INSTRUMENT NO. 83-549259 OF OFFICIAL RECORDS 70 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 © THE STATE OF CALIFORNIA HOLIER 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 11 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, CAUFORNIA, 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. 2004000762948 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 LIN 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. 2004000762946 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, 2004 AS INSTRUMENT NOS. 2004-762949 AND 2004-762950, OF OFFICIAL RECORDS. SAID EASEMENT IS BLANKET IN NATURE AND NOT PLOTTABLE. NTHE CITY OF NEWPORT BEACH HOLDER OF EASEMENT(S) FOR STORM DRAIN PURPOSE(S) AS DELINEATED OR AS OFFERED FOR DEDICATION, THE MAP OF PARCEL MAP NO. 93-111 SHEET 3 OF 3 1048\01\LLA\EXHIBITS February 2016 tep EXHIBIT B CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT NO. LA2016-003 1. 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 of the lot line adjustment, the applicant shall submit to the Public Works Department for final technical review. 4. Prior to the release for recordation, Coastal Land Use Plan Amendment No. LC2011-011 shall have been approved by the California Coastal Commission. 5. Prior to the release for recordation of the lot line adjustment, the applicant shall apply for a building permit to demolish the four mobile home units currently addressed as 76 Yorktown, 102 Yorktown, 125 Liberty, and 47 Saratoga, 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 finalized by the Building Division. 6. 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. 7. 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 LA2016-003 (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 } 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; that the foregoing resolution, being Resolution No. 2016-46 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 12"' day of April, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None RECUSED: Council Member Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13`h day of April, 2016. Leilani I. Brown, MMC v City Clerk Newport Beach, California (Seal)