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HomeMy WebLinkAbout2019-76 - Approving Major Site Development Review No. SD2018-003, Conditional Use Permit No. UP2018-019, and Lot Merger No. LM2018-004 and Revocation of Use Permit No. UP2005-017 and Modification Permit No. MD2004-059 for the Vivante Senior Housing ProjecRESOLUTION NO. 2019-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MAJOR SITE DEVELOPMENT REVIEW NO. SD2018- 003, CONDITIONAL USE PERMIT NO. UP2018-019, AND LOT MERGER NO. LM2018-004 AND REVOCATION OF USE PERMIT NO. UP2005-017 AND MODIFICATION PERMIT NO. MD2004-059 FOR THE VIVANTE SENIOR HOUSING PROJECT, LOCATED AT 850 AND 856 SAN CLEMENTE DRIVE (PA2018-185) WHEREAS, an application was filed by Nexus Development Corporation representing Vivante Newport Center, LLC ("Applicant"), with respect to property located at 850 and 856 San Clemente Drive, and legally described as Parcel 2 of Newport Beach Lot Line Adjustment No. 95-3 together with Parcel 2 of Resubdivision No. 501, Assessor's Parcel Nos. 442-261-05 and 442-261-17 ("Property"); WHEREAS, the Applicant proposes the demolition of the existing Orange County Museum of Art ("OCMA") (23,632 square feet) and associated administrative office building (13,935 square feet) to accommodate the development of a 183,983 square foot, six -story combination senior housing (90 unit residential dwelling units) and memory care facility (27 beds) ("Project"). The approximately 2.9 acre site is located on San Clemente Drive opposite the intersection with Santa Maria Road; WHEREAS, in order to implement the Project, the Applicant, requests the following approvals from the City of Newport Beach ("City"): • General Plan Amendment — To amend Anomaly No. 49 to change the land use category from PI (Private Institutions) to MU -H3 (Mixed -Use Horizontal). The proposed amendment also includes 90 additional dwelling units and would reduce the nonresidential floor area from 45,208 square feet to 16,000 square feet in Statistical Area L1. Table LU1 is amended to reflect a total of 540 dwelling units authorized within the MU -H3 land use designation, • Planned Community Development Plan Amendment — To modify the San Joaquin Plaza Planned Community Development Plan (PC -19) to include development and design standards to allow for 90 senior dwelling units and 27 memory care beds. The Applicant also requests an increase in the height limit from 65 feet to 69 feet with 10 feet for appurtenances, Resolution No. 2019-76 Page 2 of 21 • Development Agreement — To provide public benefits should the Project be approved pursuant to Section 15.45.020 (Development Agreement Required) of the Newport Beach Municipal Code ("NBMC") because the requested General Plan Amendment includes 50 or more dwelling units and adds dwelling units within Statistical Area L1, • Conditional Use Permit — To allow the operation of the proposed senior housing and memory care facility, alcohol service for dining hall and lounge areas in the form of a Type 47 (On Sale General) and Type 57 (Special On Sale General) Alcoholic Beverage Control ("ABC') licenses, and ensure land use compatibility, • Major Site Development Review — To allow the construction of 90 senior dwelling units and a 27 bed memory care facility and to ensure the Project is developed in accordance with the applicable planned community and zoning code development standards and regulations pursuant to Section 20.52.080 (Site Development Reviews) of the NBMC, • Lot Merger — To merge the two (2) existing parcels into one development site, • Addendum to Environmental Impact Report (SCH#2016021023) — To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, the City has determined that an addendum to a previously certified Environmental Impact Report ("EIR") is warranted pursuant to the California Environmental Quality Act ("CEQA"); WHEREAS, the Property is designated PI (Private Institutions) by the City of Newport Beach General Plan ("General Plan") Land Use Element and is located within the PC -19 (San Joaquin Plaza Planned Community) Zoning District; WHEREAS, the Property is not located within the coastal zone; therefore, a coastal development permit is not required; WHEREAS, a Planning Commission study session was held on April 18, 2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, to introduce the Project to the Planning Commission. No action was taken at the study session; WHEREAS, on July 18, 2019, the Airport Land Use Commission ("ALUC") found the City of Newport Beach Vivante Senior Housing project to be consistent with the Airport Environs Land Use Plan for John Wayne Airport; Resolution No. 2019-76 Page 3 of 21 WHEREAS, the Planning Commission held a public hearing on July 18, 2019 in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (the "Ralph M. Brown Act") and Chapters 15.45, 20.56 and 20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, on July 18, 2019, the Planning Commission adopted Resolution No. PC2019-021 by a unanimous vote of 5 ayes and 0 nays, recommending approval of the Project, and the land use entitlements referenced above, to the City Council; WHEREAS, the City Council held a public hearing on August 13, 2019, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapters 15.45, 20.56 and 20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, a site development review is required for the construction of five (5) or more residential units processed in conjunction with a mixed-use development. The site development review analyzes the Project as a whole for compatibility with the site and surrounding land uses; WHEREAS, a conditional use permit is required pursuant to the amended PC -19 (San Joaquin Plaza Planned Community) Zoning District land use regulations to allow the operation of the proposed senior housing and memory care facility, alcohol service for dining hall and lounge areas in the form of a Type 47 (On Sale General) and Type 57 (Special On Sale General) Alcoholic Beverage Control ("ABC") licenses, and ensure land use compatibility; WHEREAS, a lot merger is required to merge the two (2) existing parcels into one (1) development site; and WHEREAS, revocation of Use Permit No. UP2005-017 is requested by the Applicant. Use Permit No. UP2005-017 allowed beer and wine sales at the museum. Revocation of Modification Permit No. MD2004-059 which allowed additional flagpoles/signage beyond that allowed by the NBMC is also requested by the Applicant. Resolution No. 2019-76 Page 4 of 21 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council has considered the recommendation of the Planning Commission and has determined that modifications proposed by the City Council are not major changes that require referral back to the Planning Commission for its recommendation. Section 2: The City Council hereby approves Major Site Development Review No. SD2018-003, Conditional Use Permit No. UP2018-019, and Lot Merger No. LM2018- 004, subject to the conditions of approval set forth in Exhibit "A", which is attached hereto and incorporated herein by reference. Section 3: A site development review is required for the construction of five or more residential units processed in conjunction with a mixed-use development. The site development review analyzes the Project as a whole for compatibility with the site and surrounding land uses. In accordance with Subsection 20.52.080(F) (Site Development Reviews, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The proposed development is allowed within the subject zoning district. Fact in Support of Finding: 1. The proposed Major Site Development Review for the approximately 184,000 square foot Project is consistent with the proposed amendment to the PC -19 Development Plan, which would allow a residential care facility for the elderly, subject to the approval of a conditional use permit. The Residential Care Facility for the Elderly ("RCFE") would be a combined memory care senior housing/assisted living facility. Finding: B. The proposed development is in compliance with all of the following applicable criteria in Subsection 20.52.080(C)(2)(c): i. Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; Resolution No. 2019-76 Page 5 of 21 ii. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design; iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; v. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials, and vi. The protection of significant views from public rights) -of -way and compliance with NBMC Section 20.30. 100 (Public View Protection). Facts in Support of Finding: 1. The Project is consistent with the amended MU -1-13 General Plan land use designation and the amended San Joaquin Plaza Planned Community (PC -19) Zoning District. 2. The proposed structure will maintain a similar size and scale to that of the existing adjacent buildings to the west and east along San Clemente Drive. The total gross floor area will be no more than 189,900 square feet, which will be compliant with the maximum floor area allowed pursuant to the amended San Joaquin Plaza PC. 3. The building will be set back a minimum of 15 feet from the San Clemente Drive property line and five (5) feet from all other property lines. The Project is designed such that the building is set back a minimum of approximately 36 feet from the adjacent residential property at the Villas Fashion Island to the north. The setback area will be improved with parking areas and landscaping to help buffer the site from adjacent uses and the public right-of-way. 4. The proposed structure complies with the amended PC -19 maximum height of 69 inches as measured from finished grade to the top of the uppermost ceiling. An additional 10 feet is allowed for roofing and mechanical screening up to 77 feet 10 inches. All mechanical equipment on the rooftop will be screened in compliance with Subsection 20.30.020 (Buffering and Screening) of the NBMC. 5. The proposed structure is required to comply with all Building and Fire Codes. The facility is required to obtain a license from the Department of Social Services (DSS) of the State of California for its operation. Resolution No. 2019-76 Page 6 of 21 6. The Project will be Italianate in appearance with building materials and finishes that include smooth -coat plaster walls, natural travertine stone, vinyl windows, metal railings, window trims, and a porte-cochere. The building style is complementary to surrounding office buildings in Newport Center and the fagade is modeled after 888 San Clemente Drive. 7. Site access, including the new curb cut, drive aisles, driveways, parking, loading spaces, and sight distance have all been reviewed by the Public Works Department for adequacy, efficiency, and safety. The Project does not change any street parking configurations as no parking is allowed on San Clemente Drive 8. The Project design complies with the required parking ratio of 1.2 parking spaces per dwelling unit of congregate care/senior housing (i.e., 90 units multiplied by 1.2 = a minimum of 108 parking spaces) and one (1) parking space for every three (3) beds of memory care (i.e., 27 beds divided by three (3) = a minimum of nine (9) parking spaces). A total of 118 parking spaces are provided on-site. 9. All facility operations including delivery hours to the facility are limited by the conditions of approval to help mitigate potential impacts to the adjacent residential neighbors. 10. The Project includes approximately 15,487 square feet of landscape area, which has been designed to meet Chapter 14.17 (Water -Efficient Landscape) of the NBMC requirements with respect to water efficiency. 11. Lighting of the building is conditioned to meet the requirements of the NBMC to mitigate impacts to neighboring properties. 12. The visual simulations indicate that the Project does not have the potential to obstruct public views from public view points and corridors, as identified on General Plan Figure NR 3 (Coastal Views), to the Pacific Ocean, Newport Bay and Harbor, offshore islands, the Old Channel of the Santa River (the Oxbow Loop), Newport Pier, Balboa Pier, designated landmark and historic structures, parks, coastal and inland bluffs, canyons, mountains, wetlands, and permanent passive open space. The Project is not located near any public view points and there are no designated public views through or across the site. Resolution No. 2019-76 Page 7 of 21 Finding: C. In accordance with Subsection 20.52.020(F)(5), the proposed development is not detrimental to the harmonious and orderly growth of the City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of person residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. The Project has been designed to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents by providing an architecturally pleasing building with articulation and building modulation to enhance the urban environment consistent with development in Newport Center. 2. The proposed building has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. Emergency, refuse, and delivery trucks will utilize the entry drive off of San Clemente Drive at the southerly side of the Property. Secondary egress and emergency access will be available through the access drive to the northeast. The final size, design, location, and screening of the refuse enclosures will comply with the requirements of Section 20.30.120 (Solid Waste & Recyclable Materials Storage) of the NBMC, ensuring compatibility with the on-site and adjacent uses. 3. Conditions of Approval are included to help ensure any potential impacts are limited, including, but not limited to: a. Condition of Approval No. 12 limits delivery and commercial trash pick-up hours to the facility to mitigate potential impacts to the adjacent neighbors. b. Conditions of Approval Nos. 29 and 30 require all outdoor lighting to meet the requirements of the Zoning Code, prohibiting light and glare spillage from the facility to the adjacent properties. This will be reviewed in more detail as part of the building permit plan check process. c. The noise from a convalescent and/or congregate care facility is typically low. Conditions of Approval Nos. 32 and 33 helps to ensure that the use will comply with Chapter 10.26 (Community Noise Control) of the NBMC. Resolution No. 2019-76 Page 8 of 21 4. The Project would introduce approximately 153 new residents, which is a nominal increase in the City's overall total population. However, these types of facilities typically require more calls for emergency medical services than a residential community of the same size. Terms may be included in the development agreement to further ensure public welfare and safety. 5. The Project is located in close proximity to Fire Station 3, which will be available to respond to medical emergency calls for the facility. 6. The City has sufficient water supply to serve the Project. Site landscaping will adhere to the requirements of Chapter 14.17 (Water -Efficient Landscaping) of the NBMC. 7. The John Wayne Airport is located approximately 2.94 miles southeast of the Property and is the nearest public airport. The Project is within the notification area of the Airport Environs Land Use Plan ("AELUP") for John Wayne Airport. According to the notice criteria tool, the Project is in proximity to a navigation facility and may impact the assurance of navigation signal reception. However, many adjacent high rise buildings exceed the height of the proposed Project. A "No Hazard" determination was provided by the Federal Aviation Administration ("FAA"). The Project site also falls outside the 60 dBA Community Noise Equivalent Level contour line established by the AELUP and would, therefore, not conflict with any land use compatibility issues related to noise. Finally, the Project site does not fall within any of the AELUP Safety Zones, in which certain land uses have been identified as incompatible and restricted. The General Plan and PC amendments were deemed consistent with the AELUP by the Airport Land Use Commission meeting at their July 18, 2019 meeting. 8. The Project does not involve the use or manufacture of any hazardous substances that could impact nearby development. Moreover, Project construction would comply with all applicable laws and regulations governing application and disposal of any hazardous materials discovered during construction. 9. Rooftop mechanical equipment is located within a mechanical equipment well and within an equipment screen and is not visible from the public right-of-way. 10. The new construction complies with all Building, Public Works, Fire Codes, City ordinances, and all conditions of approval. Resolution No. 2019-76 Page 9 of 21 11. A structure has existed at this location since 1976. The Project will improve the site with construction that complies with all current requirements. The Project will nominally increase the overall average daily trips ("ADT") by approximately 129 per the existing site trip counts and the 2017 Institute of Transportation Engineers ("ITE") Trip Generation Manual. The Public Works Department has reviewed the proposed operational characteristics and determined that a traffic study is not required to comply with the Traffic Phasing Ordinance. 12. The Project would replace the existing office buildings with a needed service for the aging population, where persons over the age of 65 comprise almost 22 percent of the City's total population according to latest available US Census Bureau data from July 1, 2018. Section 4: The Applicant requests approval of a senior housing and memory care facility and accompanying Type 47 (On Sale General) and Type 57 (Special On Sale General) ABC licenses for alcohol service within designated dining hall and lounge areas. In accordance with Section 20.48.030 (Alcohol Sales) and Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030(C)(3) (Alcohol Sales). Facts in Support of Finding: 1. The following criteria has been considered: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The Part One Crimes Rate in Reporting District 39 (RD 39) is higher than the Part One Crimes Rate for the City and adjacent districts due to the high concentration of commercial land uses. However, with the introduction of the new residential units, the crime rate is expected to decrease. The Police Department does not object to this Project as conditioned. b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Resolution No. 2019-76 Page 10 of 21 Due to the high concentration of commercial land uses, the calls for service and number of arrests are greater than adjacent Reporting Districts. The Newport Beach Police Department ("NBPD") does not consider the rate high because of the concentration of restaurants and commercial uses within Fashion Island and the surrounding North Newport Center. The NBPD has not previously reported any calls for service to the subject property since the proposed use is part of a new development. c. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. The Project site is located in a senior housing facility and is intended to serve residents and their guests. The complex is surrounded by commercial and residential zoning districts and uses. The dining area for residents is located inside of the building on the first and second floor levels. There are no day care centers, hospitals, park and recreation facilities, places of worship, or similar uses in the immediate vicinity. d. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. The per capita ratio of one license for every 12 residents is higher than all adjacent reporting districts and the average citywide ratio. This is due to the commercial nature of RD 39, which contains all of North Newport Center, including Fashion Island. e. Whether or not the proposed amendment will resolve any current objectionable conditions. The Project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC, is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of residents of the apartment complex and their guests. Operational conditions of approval relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. Finding: B. The use is consistent with the General Plan and any applicable specific plan in accordance with Subsection 20.52.020(F)(1). Resolution No. 2019-76 Page 11 of 21 Fact in Support of Finding: 1. The Project is consistent with the amended MU -1-13 General Plan land use designation and the amended San Joaquin Plaza Planned Community (PC -19) Zoning District. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code in accordance with Subsection 20.52.020(F)(2). Fact in Support of Finding: 1. The Project complies with all NBMC and amended PC -19 development standards, including, but not limited to, height, floor area, parking, and landscaping. See all Facts in Support of Findings 1 through 3 for the Planned Community Development Plan Amendment (II). Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity in accordance with Subsection 20.52.020(F)(3). Facts in Support of Finding: 1. The Project will replace an existing museum and associated administrative office building with senior housing and a memory care facility. At present, a 45,208 square foot building could be constructed on the Property. The Project improvements will modernize and comprehensively upgrade the general appearance of the site. 2. The Property is located along San Clemente Drive in Newport Center. A new curb cut will be created for site access and will be located directly across from Santa Maria Drive and used as the primary entry and exit. Secondary egress and emergency access will occur across an existing access drive at the northeast corner of the property. Resolution No. 2019-76 Page 12 of 21 3. The Property is immediately adjacent to professional office buildings to the west and southeast, which are taller or comparable in height. Several residential buildings are located in the immediate vicinity, with The Colony Apartments to the southwest and the Villas Fashion Island to the northeast. These are permitted to have structures with a maximum height of 50 feet on a 15 foot high podium and 65 feet, respectively with an additional 10 feet for appurtenances. The Project is a quasi -residential use and complies with the maximum height limitations as identified in the amended PC -19 Development Plan. It has been designed such that it will be compatible with the adjoining land uses. All proposed building construction will be set back a minimum of approximately 36 feet from the property lines abutting the Villas Fashion Island apartments. The main drive aisle, landscaping, and a perimeter site will serve to further buffer those residential uses from the Project. 4. Condition of Approval No. 2 is included to limit the Project to 90 senior housing dwelling units and 27 memory care beds, which will ensure the operation does not intensify. 5. The Project has been designed to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents by providing an architecturally pleasing building with articulation and building modulation to enhance the urban environment consistent with development in Newport Center. 6. The proposed building has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. Emergency, refuse, and delivery trucks will utilize the entry drive off of San Clemente Drive at the southerly side of the Property. Secondary egress and emergency access will be available through the access drive to the northeast. The final size, design, location, and screening of the refuse enclosures will comply with the requirements of Section 20.30.120 (Solid Waste & Recyclable Materials Storage) of the NBMC, ensuring compatibility with the on-site and adjacent uses. 7. Conditions of Approval are included to help ensure any potential impacts are limited, including, but not limited to: a. Condition of Approval No. 12 limits delivery and commercial trash pick-up hours to the facility to mitigate potential impacts to the adjacent neighbors. Resolution No. 2019-76 Page 13 of 21 b. Conditions of Approval Nos. 29 and 30 require all outdoor lighting to meet the requirements of the Zoning Code, prohibiting light and glare spillage from the facility to the adjacent properties. This will be reviewed in more detail as part of the building permit plan check process. c. The noise from a convalescent and/or congregate care facility is typically low. Conditions of Approval Nos. 32 and 33 helps to ensure that the use will comply with NBMC Chapter 10.26 (Community Noise Control). Finding.- E. inding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities in accordance with Subsection 20.52.020(F) (4). Facts in Support of Finding: 1. The Property is currently developed with an access drive over the adjacent property at 888 San Clemente Drive. The Project will add its own driveway approach on San Clemente Drive for Project access and a secondary access easement will be recorded for egress and emergency vehicle access. 2. The Project provides adequate parking and circulation including turn -around areas for deliveries. Conditions of approval are included to ensure compliance with all the circulation standards and the final plans are required to be reviewed and approved by the Public Works Department. 3. Adequate emergency vehicle access has been incorporated into the Project design and have been reviewed by the Fire Department. Conditions of approval are included to help ensure compliance with all emergency vehicle access requirements and the final plans are required to be approved by the Fire Department during plan check. 4. The City currently services the site with water and sewer via mains that run through San Clemente Drive and Santa Barbara Drive out to Jamboree Road. The City has indicated that the Project could be adequately served by its infrastructure. The Gas Company and Southern California Edison will continue to service the site for gas and electrical through existing connections. Resolution No. 2019-76 Page 14 of 21 Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use in accordance with Subsection 20.52.020(F)(5). Fact in Support of Finding: 1. The Project has been designed to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents by providing an architecturally pleasing building with articulation and building modulation to enhance the urban environment consistent with development in Newport Center. 2. The proposed building has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. Emergency, refuse, and delivery trucks will utilize the entry drive off of San Clemente Drive at the southerly side of the Property. Secondary egress and emergency access will be available through the access drive to the northeast. The final size, design, location, and screening of the refuse enclosures will comply with the requirements of Section 20.30.120 (Solid Waste & Recyclable Materials Storage) of the NBMC, ensuring compatibility with the on-site and adjacent uses. 3. Conditions of Approval are included to help ensure any potential impacts are limited, including, but not limited to: a. Condition of Approval No. 12 limits delivery and commercial trash pick-up hours to the facility to mitigate potential impacts to the adjacent neighbors. b. Conditions of Approval Nos. 29 and 30 require all outdoor lighting to meet the requirements of the Zoning Code, prohibiting light and glare spillage from the facility to the adjacent properties. This will be reviewed in more detail as part of the building permit plan check process. C. The noise from a convalescent and/or congregate care facility is typically low. Conditions of Approval Nos. 32 and 33 helps to ensure that the use will comply with Chapter 10.26 (Community Noise Control) of the NBMC. Resolution No. 2019-76 Page 15 of 21 4. The Project would introduce approximately 153 new residents, which is a nominal increase in the City's overall total population. However, these types of facilities typically require more calls for emergency medical services than a residential community of the same size. Terms may be included in the development agreement to further ensure public welfare and safety. 5. The Project is located in close proximity to Fire Station 3, which will be available to respond to medical emergency calls for the facility. 6. The City has sufficient water supply to serve the Project. Site landscaping will adhere to the requirements of Chapter 14.17 (Water -Efficient Landscaping) of the NBMC. 7. The John Wayne Airport is located approximately 2.94 miles southeast of the Property and is the nearest public airport. The Project is within the notification area of the AELUP for John Wayne Airport. According to the notice criteria tool, the Project is in proximity to a navigation facility and may impact the assurance of navigation signal reception. However, many adjacent high rise buildings exceed the height of the proposed Project. A "No Hazard" determination was provided by the FAA. The Project site also falls outside the 60 dBA Community Noise Equivalent Level contour line established by the AELUP and would, therefore, not conflict with any land use compatibility issues related to noise. Finally, the Project site does not fall within any of the AELUP Safety Zones, in which certain land uses have been identified as incompatible and restricted. The General Plan and PC amendments will first be forwarded to the ALUC for their review prior to the City Council consideration. 8. The Project does not involve the use or manufacture of any hazardous substances that could impact nearby development. Moreover, Project construction would comply with all applicable laws and regulations governing application and disposal of any hazardous materials discovered during construction. 9. Rooftop mechanical equipment is located within a mechanical equipment well and within an equipment screen and is not visible from the public right-of-way. 10. The new construction complies with all Building, Public Works, Fire Codes, City ordinances, and all conditions of approval. Resolution No. 2019-76 Page 16 of 21 11. A structure has existed at this location since 1976. The Project will improve the site with construction that complies with all current requirements. The Project will nominally increase the overall average daily trips ("ADT") by approximately one hundred twenty-nine (129) per the existing site trip counts and the 2017 Institute of Transportation Engineers ("ITE") Trip Generation Manual. The Public Works Department has reviewed the proposed operational characteristics and determined that a traffic study is not required to comply with the Traffic Phasing Ordinance. 12. The Project would replace the existing office buildings with a needed service for the aging population, where persons over the age of 65 comprise almost 22 percent of the City's total population according to latest available US Census Bureau data from July 1, 2018. Section 5: In accordance with Section 19.68.030(H) (Lot Mergers, Required Findings) of the NBMC, the following findings and facts in support of such findings (N through R) are set forth: Fi_ nding: A. Approval of the merger will not, under the circumstances of this 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 merger is consistent with the legislative intent of Title 19 in accordance with Subsection 19.68.030(H)(1). Facts in Support of Finding: 1. The Project consists of a single building site constructed across 850 and 856 San Clemente Drive. 2. The Property is located within the PC -19 (San Joaquin Plaza Planned Community) Zoning District, which is amended to accommodate the Project. 3. The Project is consistent with the purpose and intent of Title 19 (Subdivisions) of the NBMC, inasmuch as it will help to protect landowners and surrounding residents, and will preserve the public health, safety, and general welfare of the City. It will also be consistent with the policies and provisions of the General Plan, as discussed under Subsection I, Facts 1-3 and Finding P. Resolution No. 2019-76 Page 17 of 21 4. All building improvements are required to comply with applicable NBMC regulations and City policies. Finding: B. The lots to be merged are under common fee ownership at the time of the merger in accordance with Subsection 19.68.030(H)(2). Fact in Support of Finding: 1. The Properties, described in Section 1 of this Resolution, are under common fee ownership by Vivante Newport Center, LLC, as evidenced by the Title Report submitted with the application. Finding: C. The lots, as merged, will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan in accordance with Subsection 19.68.030(H)(3). Facts in Support of Finding: 1. The General Plan Land Use Element designation will be amended for this parcel from PI (Private Institutions) to MU -H3 (Mixed -Use Horizontal), which is consistent with the surrounding block in Newport Center. This area is intended to provide for horizontal intermixing of regional commercial, office, hotel, multi -family residential, and ancillary commercial uses. The Project, which consists of senior housing (an attached multi -family residential use) and memory care facility (a nonresidential use), is consistent with the MU -H3 land use designation. 2. The Project is consistent with the following General Plan Land Use Element Policies: a. LU 4.2 - Prohibition of New Residential Subdivisions. Prohibit new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan (GPA). Lots that have been legally merged through the Subdivision Map Act and City Subdivision Code approvals are exempt from the GPA requirements and may be re -subdivided to the original underlying legal lots. This policy is applicable to all Single Unit, Two Unit, and Multiple Unit Residential land use categories. Resolution No. 2019-76 Page 18 of 21 The Project includes a General Plan amendment to allow for a mixed-use land use designation that would accommodate 90 new residential units and 27 memory care beds as part of the Project on a single building site in Newport Center. 3. Merging of the two (2) existing parcels will comply with Zoning Code requirements relating to minimum lot area and minimum lot width. The proposed parcel will be 126,600 square feet in area (2.9 acres) for which there is no required minimum lot size. The width of the parcel will be 429 feet, for which there is no current minimum lot width. The PC -19 (San Joaquin Plaza Planned Community) text will establish minimum lot area and lot widths based on the proposed lot merger. Finding: D. Neither the lots, as merged, nor the adjoining parcels, will be deprived of legal access as a result of the merger in accordance with Subsection 19.68.030(H)(4). Fact in Support of Finding: 1. Neither of the merged parcels, nor the adjoining parcels, will be deprived of legal access as a result of the merger. Access to both properties is provided from San Clemente Drive and a new driveway and curb cut will be provided to serve the Project. Secondary access will be recorded for egress and emergency vehicle access to the northeast of the property across the Villas Fashion Island property (APN No. 442-261-23). Finding: E. In accordance with Subsection 19.68.030(H)(5), the lots, as merged, will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: a. Whether development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. b. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. Resolution No. 2019-76 Page 19 of 21 c Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. Facts in Support of Finding: 1. The orientation and primary access to the merged parcel will remain from San Clemente Drive, a public road. 2. Properties along San Clemente Drive consist of varying shapes and sizes. Although the proposed lot merger will create a larger parcel, it will not create an excessively large parcel in comparison to existing lots and parcels in Newport Center. The width of the San Clemente Drive frontage will appear unchanged and consistent with the widths of other properties on San Clemente Drive. Section 6: In accordance with Section 19.08.030(A)(3) (Waiver of Parcel Map Requirement) of the NBMC, the review authority (City Council) may approve a waiver of the parcel map requirement in cases where no more than three (3) parcels are eliminated. The following finding and facts in support of such finding are set forth: Findinq: A. That the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of Title 19, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. Improvements on the Property will be required to comply with the development standards of the NBMC and General Plan. 2. The Project combines the Properties into a single parcel of land and does not result in the elimination of more than three (3) parcels. 3. Approval of the Project would remove the existing interior lot line and allow the Properties to be used as a single site. The Lot Merger in and of itself would not change the land use or intensity at the site. The Project complies with all design standards and improvements required for new subdivisions by Title 19 (Subdivisions), Title 20 (Planning and Zoning), and the General Plan. Resolution No. 2019-76 Page 20 of 21 Section 7: The City Council hereby rescinds Modification Permit No. MD2004-059 (PA2004-184) and Use Permit No. UP2005-017 (PA2005-086), which upon vesting of the rights authorized by this resolution, shall become null and void. Section 8: In accordance with Section 20.68.050(B)(4)(a) (Review Authority's Action) of the NBMC, the following finding and fact in support of the revocation are set forth: Finding: A. The permit or approval was issued in error or circumstances under which the permit or approval was granted have been modified to an extent that one or more of the findings that justified the original approval can no longer be made and the public health, safety, and welfare require the revocation or modifications. Fact in Support of Finding: 1. The Property is subject to changed circumstances under which the Property will no longer be improved with the infrastructure and occupied by a use contemplated by Use Permit No. UP2005-017 and Modification Permit No. MD2004-059. Section 9: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 10: 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 11: The Museum House Project Final EIR (SCH No. 2016021023) was prepared in compliance with the California Environmental Quality Act ("CEQA") as set forth in California Code of Regulations, Title 14, Division 6, Chapter 3, and City Council Policy K-3. By Resolution No. 2016-126, the City Council, having final approval authority over the project, adopted and certified as complete and adequate the Museum House Project Final Environmental Impact Report (SCH No. 2016021023) and adopted "Mitigation Monitoring and Reporting Program." Resolution No. 2016-126 is hereby incorporated by reference. Resolution No. 2019-76 Page 21 of 21 Section 12: The Vivante Senior Housing Environmental Impact Report Addendum (EIR Addendum) (SCH No. 2016021023) was prepared for the Project incompliance with CEQA, the State CEQA Guidelines, and City Council Policy K-3. By Resolution No. 2019- , the City Council having final approval authority over the Project, adopted and certified as complete and adequate the Vivante Senior Housing Project Final Environmental Impact Report Addendum (SCH No. 2016021023) and adopted "Mitigation Monitoring and Reporting Program." Resolution No. 2019-74 is hereby incorporated by reference. Section 13: This resolution shall take effect upon the effective date of City Council Ordinance No. 2019--G-, adopting Planned Community Development Plan Amendment No. PC2018-001, and City Council Ordinance No. 2019-A, adopting Development Agreement No. DA2018-005, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 13th day of August, 2019 ATTEST: aft6o-Nw-, - Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE jI-- Aaron . Harp City A rrey (4,c , bk Diane B. Dixon Mayor Attachment(s): Exhibit A: Conditions of Approval Exhibit B: Project Plans Exhibit "A" Conditions of Approval (Project -specific conditions are in italics) PLANNING DIVISION The development shall be in substantial conformance with the Property site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. This approval authorizes ninety (90) dwelling units of senior housing/congregate care and twenty-seven (27) beds for a memory care facility as a Residential Care Facility for the Elderly, as specified in the adopted Planned Community Development Plan. 3. The Project shall adhere to the development standards established in the amended PC -19 Development Plan for the Project site. 4. The Applicant shall comply with all Project design features, mitigation measures, and standard conditions contained within the approved mitigation monitoring reporting program (MMRP) of the EIR Addendum (SCH No. 2016021023) for the Project. 5. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. All proposed signs shall be in conformance with the provisions of PC -19 and Chapter 20.42 (Sign Standards) of the NBMC. 7. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the new elderly residential dwelling units (currently $895.00 per new additional dwelling unit) in accordance with Chapter 15.38 (Fair Share Traffic Contribution Ordinance) of the NBMC. A credit for the existing commercial square footage shall be applied toward this fee and any remaining balance shall be charged to the Applicant. 8. Prior to the issuance of building permits, San Joaquin Transportation Corridor fees shall be paid at the multi -family rate (currently $2,595 per dwelling unit times one half for each new senior housing unit) and at the nonresidential rate (currently $5.68 per square foot), if applicable, in accordance with the Zone B fees identified in the City's fee schedule. Fees may not apply if the property is considered property tax exempt, to be determined at the time of building permit issuance. 9. Prior to issuance of final building permits, the Applicant shall prepare a written disclosure statement prior to sale, lease, or rental of a residential unit in the proposed mixed-use development consistent with Section 20.48.130.H (Notification to Owners and Tenants) of the Municipal Code. 10. Prior to issuance of final building permits, the Applicant shall record a deed notification with the County Recorder's Office approved as to form by the Office of the City Attorney consistent with Section 20.48.130. 1 (Deed Notification). The deed notification shall state that the residential units are located in a mixed-use project or in a mixed-use zoning district and that an owner may be subject to impacts, including inconvenience and discomfort, from lawful activities occurring in the project or zoning district (e.g. noise, lighting, odors, high pedestrian activity levels, etc.). 11. Any material changes in operational characteristics, including but not limited to the following, may require an amendment to this use permit or issuance of a new use permit as determined by the Community Development Director. a. Expiration without renewal, or permanent loss of a Department of Social Services (DSS) license as a Residential Care Facility for the Elderly (RCFE). b. Change in on-site staffing that creates a deficiency in parking supply or results in a parking impact to surrounding properties. c. Increase in physical capacity of facility and increases in floor area of facility. d. Request for amendment to any condition or conditions of approval. 12. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 13. All residents, visitors, and employees shall park on-site. Parking on any streets is strictly prohibited. 14. Prior to the issuance of the final certificate of occupancy, the Operator shall obtain approval of an RCFE license from the DSS and maintain a DSS license at all times for the memory care facility. The use shall be operated in compliance with applicable State and local laws. 15. The Operator shall comply with the Business License provisions of the Municipal Code. 16. The Operator shall provide and maintain public notice of the Regional DSS Office and the Long -Term Ombudsman addresses and phone numbers for receiving inquiries and/or complaints in reference to the operation of its facility. 17. The Operator shall not allow more than two residents in one bedroom for the senior housing dwelling units. 18. Smoking on-site shall be restricted to a designated area that will prevent second- hand smoke from traveling to the adjacent properties. This area shall be identified on the final construction drawings. 19. On-site assembly -type amenities within the property are limited solely to use by the residents of the facility and their visiting guests, and facility staff during their shift. 20. Any and all medical waste generated through the operation of the facility shall be disposed of in accordance with the NBMC, and all other laws and best industry standards and practices. 21. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 22. Prior to the issuance of building permits, the trash enclosure design shall provide a minimum of 384 square feet of trash/recycling area and shall have a decorative solid roof for aesthetic and screening purposes. 23. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right- of-way. 24. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within twenty (20) feet of the premises. 25. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14; including all future amendments (including Water Quality related requirements). 26. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 27. Prior to the issuance of building permits, the Applicant shall submit a final landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the City Urban Forester and the Planning Division. The design shall comply with Chapter 14.17 (Water -Efficient Landscaping) of the NBMC. 28. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 29. The Property shall be in compliance with Section 20.30.070 (Outdoor Lighting) of the NBMC. If in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources, the Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 30. Prior to the issuance of building permits, the Applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are "1" or less at all property lines, unless otherwise approved by the Community Development Director. 31. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 32. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the NBMC and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 33. Construction activities shall comply with Section 10.28.040 (Construction Activity - Noise Regulations) of the NBMC, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 34. No outside paging system shall be utilized in conjunction with this establishment. 35. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 36. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any Between the hours of 7 a.m. and 10 P.M. Between the hours of 10 p.m. and 7 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 33. Construction activities shall comply with Section 10.28.040 (Construction Activity - Noise Regulations) of the NBMC, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 34. No outside paging system shall be utilized in conjunction with this establishment. 35. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 36. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 37. A valet plan shall be reviewed and approved by Public Works prior to the first use of valet service. The approved valet plan shall be used for each event/holiday. Any changes to the approved plan requires approval of the Public Works Department. 38. Prior to issuance of any building permit, the Applicant shall provide satisfactory evidence that a Native American monitor has been retained to observe the site when construction activities occur in native soils. In the event that tribal cultural resources are discovered, the Native American monitor shall be included in the consultation on the recommended next steps. 39. Prior to issuance of any building permit, the Applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works and Community Development Departments. The plan shall include discussion of Project phasing; parking arrangements for both sites during construction (including construction parking); anticipated haul routes; and construction mitigation. Upon approval of the plan, the Applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 40. This approval may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 41. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 42. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 43. The term and expiration of Lot Merger No. LM2018-004, Major Site Development Review No. SD2018-003 and Conditional Use Permit No. UP2018-019 shall be governed by Development Agreement No. DA2018-005. 44. 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 Vivante Senior Housing including, but not limited to, General Plan Amendment No. GP2018-003, Planned Community Development Plan Amendment No. PC2018-001, Development Agreement No. DA2018-005, Major Site Development Review No. SD2018-003, Conditional Use Permit No. UP2018-019, Lot Merger No. LM2018-004, and EIR Addendum No. ER2016-002 (PA2018-185). 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. POLICE DEPARTMENT 45. Alcohol service be limited to 7:00 a.m. through 11:00 p.m., daily. 46. Alcohol service shall be limited to a Type 47 (On Sale General) and Type 57 (Special On Sale General) Alcoholic Beverage Control License. 47. Only residents and their guests may be served in the dining halls, cafe, and lounge areas. The dining halls, cafe, and lounge areas shall not be open to the general public for food and/or alcohol service. 48. Security cameras with at least a two week retention period must be installed in and around the alcohol consumption area in the Lounge, Cafe, and Dining Hall areas. Those recordings shall be made available to police upon request in a timely manner. 49. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within sixty (60) days of hire. This training must be updated every three (3) years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within sixty (60) days of approval. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 50. Approval does not permit the premises to operate as a "bar, tavern, cocktail lounge or nightclub" as defined by the Newport Beach Municipal Code. The Newport Beach Municipal Code defines bars, lounges, and nightclubs as an establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises license from the California State Department of Alcoholic Beverage Control (ABC) (i.e. ABC License Type 42 (On -Sale Beer and Wine — Public Premises), ABC License Type 48 (On -Sale General — Public Premises), and ABC License Type 61 (On -Sale Beer — Public Premises)). Persons under twenty-one (21) years of age are not allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. 51. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 52. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 53. Food service from the regular menu shall be available at all times when alcohol is served. 54. Strict adherence to maximum occupancy limit is required. 55. The operator shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 56. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in all areas surrounding the alcoholic beverage outlet and adjacent properties during business hours. BUILDING DIVISION 57. A full building code, accessibility, and structural review will be performed at the time of plan review submittal. 58. The Applicant is required to obtain all applicable permits from the City's Building Division. The construction plans must comply with the most recent, City -adopted version of the California Building Code (CBC). The construction plans must meet all applicable State Disabilities Access requirements. 59. All new construction shall comply with the latest code edition at the time of plan check submittal. Current code cycle is 2016 California Code Edition with Newport Beach Municipal Code Amendments. 60. Prior to gradinq permit issuance, a grading bond shall be required in accordance with Section 15.10.080 (Bonds) of the NBMC. 61. Prior to gradinq permit issuance, a geotechnical report shall be submitted to the Building Division for review. 62. Prior to issuance of gradinq permits, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the Project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 63. Prior to grading permit issuance, a drainage and hydrology study shall be submitted. 64. Prior to issuance of building permits, the Project shall obtain a general construction NPDES storm water permit from the State Water Resources Control Board. Tel. (909) 782-4130. 65. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The Applicant will provide the City with a copy of the NO[ and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the Project's impact on water quality. The SWPPP Report shall prepared by a qualified SWPPP Developer (QSD) (http://cfpub.epa.gov/npdes/stormwater/swppp.cfm). 66. The Applicant shall employ the following best available control measures ("BACMs") to reduce construction -related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90 -day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off -Site Impacts • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer. 67. A list of "good housekeeping" practices will be incorporated into the long-term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non- structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 68. Prior to the issuance of building permits, Applicant shall provide full building code analysis on occupancy, type of construction, actual/allowable floor area, actual/allowable height, number of stories, sprinkler system, etc. 69. Prior to the issuance of building permits, Applicant shall provide a full egress analysis plan. 70. Prior to the issuance of building permits, Applicant shall provide building or structure setbacks from top and bottom of slope as shown in CBC, Fig. 1808.7.1. For descending slopes less than 12 feet in height, minimum setback from competent slope face material shall be 4 feet. 71. Prior to the issuance of building permits, Applicant shall provide accessible routes throughout the entire site such as parking lot area, public area, common area, and all pedestrian circulations. 72. Prior to the issuance of building permits, Applicant shall clearly distinguish between the public and common area on the plan. Any public areas within the building shall comply with Title 24 Chapter 11 B; and all ground -floor dwelling units and common areas shall comply with Title 24 Chapter 11A. 73. Prior to the issuance of building permits the plans shall reflect all ground -floor units shall be adaptable and accessible. 74. Prior to the issuance of building permits, accessible parking spaces shall be provided for the public use areas in accordance with Section 11B-208.2. 75. Prior to the issuance of building permits, accessible parking spaces shall be provided for unassigned and visitor parking in accordance with Section 1109A.5, in the event provided parking stalls are insufficient. 76. If any public funding is received for the proposed Project, the entire building will need to comply with CBC 11 B as public housing requirements. 77. Prior to the issuance of building permits, building areas used to determine based on the type of construction and occupancy classification shall be the area include within surrounding exterior walls exclusive of vent shafts and courts. See definition of "Area, Building" under CBC. 78. Prior to the issuance of building permits Applicant shall identify/clarify all the dotted lines shown on the civil drawings. 79. Prior to the issuance of building permits, the plans shall reflect that the proposed building shall not impose surcharge pressures onto existing neighboring retaining walls. 80. Prior to the issuance of building permits, the plans shall reflect that the exit enclosure located at the south wing shall discharge directly out of the building or via passageway. 81. Prior to the issuance of building permits, the plans shall reflect a minimum two- hour rated exit enclosure stairway. This will be required when connected to four or more stories. 82. Prior to the issuance of building permits the plans shall reflect where the means of egress from stories above and below converge at an intermediate level, the capacity of the means of egress from the point of convergence shall be not less than the largest minimum width or the sum of the required capacities for the stairways serving the two adjacent stories, whichever is larger (CBC 1005.7) 83. Prior to the issuance of building permits, the plans shall provide elevator lobby and hoistway opening protection in accordance with CBC Section 3006. 84. Prior to the issuance of building permits, the plans shall identify the pool equipment and list the quantity of all hazardous materials stored on-site. FIRE DEPARTMENT 85. The Applicant is required to obtain all applicable permits from the City's Fire Department. 86. Per California Fire Code (CFC) Section 907.2.9 Group R-2.1, fire alarm systems and smoke alarms shall be installed in Group R-2.1 occupancies as required in Sections 907.2.9.1 and 907.2.9.4. 87. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group A occupancies where the occupant load due to the assembly occupancy is 300 or more (CFC Section 907.2.1). 88. Automatic sprinkler systems shall be designed and installed in accordance with Section 903.3.1 through 903.3.9 (CFC Section 903.3). 89. Single or multiple station smoke alarms shall be installed and maintained in Group R-2.1 in the following locations: a. On the ceiling or wall outside of each, separate sleeping area in the immediate vicinity of bedrooms. b. In each room used for sleeping purposes. 90. Fire apparatus access roads shall meet the requirements of CFC Section 503.1.1 and Newport Beach Fire Department Guideline C. 01 and C. 02. The fire apparatus access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the building or facility. 91. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved cul-de-sac for turning around the fire apparatus without backing up. Turnarounds shall meet the turning radius requirements identified in Newport Beach Fire Department Guideline C.01. The minimum cul-de-sac radius is 40 feet without parking. An alternative hammerhead turnaround is acceptable, designed to the dimensions as indicated in Newport Beach Fire Department Guideline C. 01. 92. Fire access roadways must be constructed of a material that provides an all- weather driving surface and capable of supporting 72,000 pounds imposed load for fire apparatus and truck outrigger loads. Calculations stamped and signed by a Registered Professional Engineer shall certify that the proposed surface meets the criteria of an all-weather driving surface and is capable of withstanding the weight of 72, 000 pounds (Newport Beach Fire Department Guideline C. 01). 93. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities and buildings are hereafter constructed or moved into or within the jurisdiction (CFC Section 507.1). 94. Fire flow shall be determined as per City Guideline B.01 (CFC 507.3). 95. Fire hydrants shall be provided and located within 400 feet of all portions of the building (CFC Section 507.5.1). 96. The Fire Department Connection (FDC) shall be on the address side of the building and located a minimum of 30 feet from beginning of the radius for the driveway approach; arranged so they are located immediately adjacent to the approved fire department access road so that hose lines can be readily and conveniently attached to the inlets without interference from nearby objects including building, fence, posts, or other fire department connections (Newport Beach Fire Department Guideline F.04). 97. The FDC shall be located no more than 100 feet from a public hydrant (Newport Beach Fire Department Guideline F.04). 98. Public Safety Radio Coverage will be required as per CFC Section 510.1 and City Guideline D. 05. 99. Standby power shall be provided for emergency responder radio coverage systems as required in Section 510.4.2.3. The standby power supply shall be capable of operating the emergency responder radio coverage system for a duration of not less than 24 hours (CFC Section 604.2.3). 100. As perAmendment to CFC Section 604.8, provide and install electrical outlets (120 volt, duplex) connected to the emergency generator circuitry system when a generator is required by Section 604.2 of the CFC in every fire control room and in other areas as may be designated by the fire code official in the following locations.- a. ocations:a. In the main exit corridor of each floor adjacent to each exit enclosure,- b. nclosure,b. On every level in every stairwell; c. In each elevator lobby; d. In public assembly areas larger than 1, 500 square feet; e. In every fire control room; and f. In such other areas as may be designated by the fire code official. 101. Gurney -sized accessible elevator will be required with elevator recall as per CFC Section 607 and CBC Section 3002. 102. A Type/ hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors (CFC Section 609.2). 103. Each required commercial kitchen exhaust hood and duct system required by Section 609 to have a Type I hood shall be protected with an approved automatic fire extinguishing system installed in accordance with this code (CFC Section 904.2.2). 104. Separation walls and horizontal separations must be provided as per California Building Code (CBC) Sections 420.2 and 420.3 105. Smoke barriers shall be provided in Group R-2.1 to subdivide every story used by persons receiving care, treatment or sleeping and to provide other stories with an occupant load of 50 or more persons, into no fewer than two smoke compartments. Such stories shall be divided into smoke compartments with an area of not more than 22,500 square feet and the distance of travel from any point in a smoke compartment to a smoke barrier door shall not exceed 200 feet. The smoke barrier shall be in accordance with CFC Section 709. 106. Refuse areas shall be provided within each smoke compartment as per California Building Code (CBC) Section 420.4.1. 107. Licensed 24-hour care facilities in a Group R-2.1, R-3.1 or R-4 occupancy shall comply with CBC Section 435 for special provisions for licensed 24-hour care facilities in a Group R-2.1, R3.1 or R-4 occupancy. 108. Carbon dioxide systems with more than 100 pounds of carbon dioxide used in beverage dispensing applications shall comply with CFC Sections 5307.2 through 5307.5.2 (CFC Section 5307.1 and City Guideline E.04). 109. Where carbon dioxide storage tanks, cylinders, piping and equipment are located indoors, rooms, or areas containing carbon dioxide storage tanks, cylinders, piping and fittings and other areas where a leak of carbon dioxide can collect shall be provided with either ventilation in accordance with Section 5307.5.1 or an emergency alarm system in accordance with Section 5307.5.2 (CFC Section 5307.5). 110. Underground Fire line shall be designed as per Newport Beach Fire Department Guideline F. 04. PUBLIC WORKS DEPARTMENT 111. All improvements shall be constructed as required by Ordinance and the Public Works Department. 112. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels, curb, and gutter along the San Clemente Drive frontage. 113. Water and sewer demand studies are required. 114. All unused sewer laterals to be abandoned shall be capped at the property line. If the sewer lateral to be abandoned has an existing cleanout, abandonment shall include removal of the cleanout riser, the 4 T box and the wye. Sewer lateral shall then be capped where the wye used to be. 115. Anew sewer cleanout shall be installed on the proposed sewer lateral per STD - 406 -L adjacent to the property line in the San Clemente Drive public right-of-way or within the sewer easement. 116. Prior to the issuance of building permits and in accordance with Chapter 13 of the City Municipal Code, 48 -inch box street trees shall be planted along the San Clemente Drive frontage. Tree species (Ficus Rubiganosa) shall be planted per Council Policy G-6. Quantity and location of trees to be determined by Municipal Operations Division at plan check. 117. All improvements, including the proposed landscaping at the driveway shall comply with the City's sight distance requirement. See City Standard 110-L and Municipal Code Section 20.30.130. 118. In case of damage done to public improvements surrounding the development site by private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 119. All on-site drainage shall comply with the latest City Water Quality requirements. 120. The driveway approach shall be constructed per City Standards. 121. No permanent structures can be built within the limits of the proposed and existing easements. 122. All proposed street trees are to be located at least 10 feet away from all utility services and driveway approaches. 123. All dead-end drive aisles shall be accompanied by a dedicated turnaround area and 5 -foot wide minimum hammerhead/drive aisle dedication. 124. No temporary or permanent structural encroachments will be permitted within the public right-of-way or city easement areas, including but not limited to, caissons, tie -backs, shoring, etc. No excavation will be permitted within the public right-of- way as part of the foundation shoring installation. 125. Due to proposed modification or removal of existing City water and sewer facilities, existing easements will need to be adjusted prior to recordation of the lot merger. Applicant is responsible for the preparation of all easement documents. 126. Applicant is responsible for all utility upgrades that are required to accommodate the Project, including off-site sewer upgrades. 127. Applicant is required to obtain approval from the adjacent property owner (888 San Clemente Drive) regarding the proposed street end configuration and is responsible to construct said improvements. 128. Orange County Sanitation District fees shall be paid prior to the issuance of any building permits. 129. Prior to commencement of demolition and grading of the Project the Applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department. The plan shall include discussion of Project phasing; parking arrangements for both sites during construction; anticipated haul routes and construction mitigation. Upon approval of the plan, the Applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 130. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 131. 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U UO 2 Amok w� K U mm Zm aZy > Z QU mOJ mW11 fQ QZW f Oa mdV w0 iN r{� 7 mQ Z Z�' LLO �a _ a_ �1-m K >J a�' yy �6.> d :9�Y'.'-t- ZUO �Z aU'U o� xmZ O'mJ QO mK I ofoo i� f a Uti K0 (096 Ja rcrc� IOt Om0 c I ` E Io a 0 Fgo yLL fo owA =3� 0 �m, J mlU a Z F 7 D <0 wl a> Q Q - U Z m2 rc oz"z Ja3a a? �J O 0o r oy4<� aUao O t O J � O Jj Y a0 Q az 00 oW .9 _ a as � 5 m ow z z9 U 0 O _ u�f prc E NY Zm ia OaU QZZ¢ 0m� Ow 41 , 5<3 w<m o g g _� VO `HOV38 $_ \ 1�\ r a .LHOdM3N JNIAn Q3ISISSV I � - : e =3'9 _$ € �_- HOMS - 31NVAIA 1? 1. 1 j i1 \ 1�\ � / N N zi a w uj LU a Q m U N � (n Z s EXHIBIT "All SHEET 1 OF 6 CITY OF NEWPORT BEACH LOT MERGER NO. LM 2018-004 (LEGAL DESCRIPTION) OWNER EXISTING PARCEL PROPOSED PARCELS AP NUMBER REFERENCE NUMBERS VIVANTE NEWPORT 442-261-05 PARCEL 1 CENTER, LLC 442-261-17 PARCEL 1 PARCEL 1: PARCEL 2, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 81, PAGES 8 AND 9 OF PARCEL MAPS TOGETHER WITH, PARCEL 2 OF NEWPORT BEACH LOT LINE ADJUSTMENT NO. 95-3 RECORDED OCTOBER 31, 1995 AS INSTRUMENT NO. 19950483821 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. CONTAINING A TOTAL AREA OF 126,600 SQUARE FEET OR 2.91 ACRES, MORE OR LESS. ALSO SHOWN IN EXHIBIT "B", ATTACHED HEREWITH AND MADE A PART HEREOF. °NpL LAND �iPEL FUR! SGS 04/11/19 0, D/JATEa A No. 8899 j * EXP. 12-31-2019 OM X HAEL&URL G, PLS 8899 �TgIF of cAL�F°��\P LICENSE EXPIRES: 12/31 9 SP8384 EXHIBIT "B" SHEET 2 OF 6 CITY OF NEWPORT BEACH LOT MERGER NO. LM 2018-004 (MAP) OWNER EXISTING PARCEL PROPOSED PARCELS AP NUMBER REFERENCE NUMBERS VIVANTE NEWPORT 442-261-05 PARCEL 1 CENTER, LLC 442-261-17 PARCEL 1 N LEGEND: LOT MERGER BOUNDARY -------- EXISTING LOT LINE TO BE REMOVED 1"=80' 0 40' 80' 160' P, M. 81 PC 8, 9 PARCEL 3 N 7g 22'13" W 276 00' N 10°37'47" E 92.30' N 7922'13,, 164.30' W _ RM. 81 PC 8,9 I PARCEL 2 PARCEL2 EXISTING LOT 1� C) ^ AD LOT L1NE LINE TO BE REMOVED o N ST ENT M "' o ^ g5_ ; PARCEL 1 N 72'00'00" E- 1N 3 1126600± S.F. w 20.59' 2•(GROSS) 1995046820 /z 1 p R �� � REC. 10/31/95 ' o " N 7°03'01 W 78.00' A=17 N 82°56'59" E R=638.50'; 10.00' L=196.97'1 N 79-22'1'3" g 22'13 , U W 232. p0, _ - ------ 4=17°39'48" ---_�� �S R_600.00'-�S�4N C�MENTE 82°58'00" W DRIVE 7 L-184.97' 22 99.93' 13 W EXHIBIT "Bn SHEET 3 OF 6 CITY OF NEWPORT BEACH LOT MERGER NO. LM 2018-004 (EASMENT MAP) OWNER EXISTING PARCEL PROPOSED PARCELS AP NUMBER REFERENCE NUMBERS VIVANTE NEWPORT 442-261-05 PARCEL 1 CENTER, LLC 442-261-17 PARCEL 1 N LEGEND: LOT MERGER BOUNDARY -------- EXISTING LOT LINE TO BE REMOVED — — — — EXISTING EASEMENTS 11 1"=80' II I - II - 1 PARCEL 1 I l l 11266001 S.F. 2.911 AC. J , 7T - - (GROSS) 6 4 11 I -=1-I_ - - --- - - - _ g SAN C( fMENTE - DRIVE EXHIBIT 11131f SHEET 4OF6 CITY OF NEWPORT BEACH LOT MERGER NO. LM 2018-004 (EXISTING EASEMENTS) OWNER EXISTING PARCEL PROPOSED PARCELS AP NUMBER REFERENCE NUMBERS VIVANTE NEWPORT 442-261-05 PARCEL 1 CENTER, LLC 442-261-17 PARCEL 1 EXISTING EASEMENTS: 3 AN EASEMENT FOR PERPETUAL AIR OR FLIGHT EASEMENT, SAID EASEMENT AND RIGHTS BEING MORE PARTICULARITY DESCRIBED AND DEFINED IN A GRANTED TO THE ORANGE COUNTY BY DEED RECORDED MARCH 17, 1964 IN BOOK 6965, PAGE 721 OF OFFICIAL RECORDS (BLANKET OVER PARCEL 2 OF LLA 95-3 AND PARCEL 2 OF PMB 81 PG 8 AND 9) O4 AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, REORDERED MARCH 17, 1977 AS INSTRUMENT NO. 24207 IN BOOK 12108, PAGE 671 OF OFFICIAL RECORDS. O5 AN EASEMENT FOR SEWER AND WATER PURPOSES AND INCIDENTAL PURPOSES, RECORDED JULY 19,1977 AS INSTRUMENT NO. 28073 IN BOOK 12296, PAGE 1131 OF OFFICIAL RECORDS. OAN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, REORDERED JUNE 19,1978 IN BOOK 12721, PAGE 1105 OF OFFICIAL RECORDS. O7 THE TERMS, PROVISIONS AND EASEMENT(S) CONTAINED IN THE DOCUMENT ENTITLED "DECLARATION OF EASEMENTS" RECORDED OCTOBER 31, 1995 AS INSTRUMENT NO. 19950484848 OF OFFICIAL RECORDS.(JOINT ACCESS EASEMENT PLOTTED AND DRAINAGE EASEMENT BLANKET OVER PARCEL 2 OF LLA 95-3 AND PARCEL 2 OF PMB 81 PG 8 AND 9) O8 EASEMENTS, COVENANTS AND CONDITIONS CONTAINED IN THE DEED FROM THE IRVINE COMPANY RECORDED NOVEMBER 22, 1995 AS INSTRUMENT NO. 19950519960 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO THE DOCUMENT FOR FULL PARTICULARS. (BLANKET OVER PARCEL 2 OF LLA 95-3 AND PARCEL 2 OF PMB 81 PG 8 AND 9) °NpL LANG �iG'\ FU,Q? SGP TPSL 04/11/19 °� 0`` DAE iL a � No. 8899 * EXP. 12-31-2019 rglF HAEL F RLON , PLS 8899 OF CALF LICENSE EXPIRES: 12/31/ 9 EXHIBIT "B" SHEET 5 OF 6 CITY OF NEWPORT BEACH LOT MERGER NO. LM 2018-004 (EXISTING EASEMENTS) OWNER EXISTING PARCEL PROPOSED PARCELS AP NUMBER REFERENCE NUMBERS VIVANTE NEWPORT 442-261-05 PARCEL 1 CENTER, LLC 442-261-17 PARCEL 1 EXISTING EASEMENTS: 9 MATTERS IN A DOCUMENT ENTITLED "DECLARATION OF SPECIAL LAND USE RESTRICTIONS, RIGHT OF FIRST REFUSAL, MORTGAGE LIEN AND OTHER REMEDIES", EXECUTED BY AND BETWEEN THE IRVINE COMPANY, A MICHIGAN CORPORATION AND NEWPORT HARBOR ART MUSEUM, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION, RECORDED NOVEMBER 22, 1995 AS INSTRUMENT NO. 19950519961 OF OFFICIAL RECORDS, INCLUDING BUT NOT LIMITED TO COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, ASSESSMENTS, LIENS AND CHARGES. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "AMENDED AND RESTATED DECLARATION OF SPECIAL LAND USE RESTRICTIONS, RIGHT OF FIRST REFUSAL, MORTGAGE LIEN AND OTHER REMEDIES" RECORDED MAY 09, 2018 AS INSTRUMENT NO. 2018000168646 OF OFFICIAL RECORDS. (BLANKET OVER PARCEL 2 OF LLA 95-3 AND PARCEL 2 OF PMB 81 PG 8 AND 9) 10 AN EASEMENT FOR SEWER PURPOSES AND INCIDENTAL PURPOSES, RECORDED JULY 28, 1999 AS INSTRUMENT MO. 19990550354 OF OFFICIAL RECORDS. �Nppl LANG FUR�pG�L 04/11/19 0 c � o DATE a No. 8899 * EXP. 12-31-2019 OF CAL\F��\P CHAEL, RL G, PLS 8899 LICENSE EXPIRES: 12/314RM9 EXHIBIT licit SHEET 6 OF 6 CITY OF NEWPORT BEACH LOT MERGER NO. LM 2018-004 (SITE PLAN) OWNER EXISTING PARCEL PROPOSED PARCELS AP NUMBER REFERENCE NUMBERS VIVANTE NEWPORT 442-261-05 PARCEL 1 CENTER, LLC 442-261-17 PARCEL 1 N 04/11/19 ;_---- ` A E ICHAEL RL G, PL9 LICENSE G EXPIRES: 12/3t:;1'99 p , NPL Lqp� C12 �pEL FUR( SGp �/� ;'�� i f a `. 0 Z— O a=�a-----r , No. 8899 =�^ ► EXP. 12-31-2019 qTf CF CALIF i'/ 79-2 N 10°37' E-- %� 92.30' 164-30' w ; N 72 q E of ^ 6600± S. _ I 20.59' ------ 2.91± AC. If ---- —1---- 78.00'Q ® — 1I N 8Z5 ,6 17- 7815 L=196.97' --------- 00 —_----- N 79, 2'13„ W 232.00' --_ 4=17°39'48"_ —, _60) �` _� S 8 DRIVE ----°' '— -------------- r� 689.79'_ STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2019-76, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 13th day of August, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of August, 2019. V1, k ,/ E., 71�1.i =- Leilani I. Brown City Clerk Newport Beach, California