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HomeMy WebLinkAbout11 - Final Tract Map No. 17772 for 81 -Unit Residential Condominium Development Located at 1560 Placentia AvenueTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report September 13, 2016 Agenda Item No. 11 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov PHONE: 949-644-3349 TITLE: Final Tract Map No. 17772 for 81 -Unit Residential Condominium Development Located at 1560 Placentia Avenue ABSTRACT: Consider whether the City Council should approve Final Tract Map No. 17772 for Condominium Purposes for the Ebb Tide residential development located at 1560 Placentia Avenue. RECOMMENDATION: a) Find that all significant environmental concerns for the proposed project have been addressed in the previously adopted Ebb Tide Residential Mitigated Negative Declaration (SCH#2015071007). The final map is within the scope of the previously adopted MND in accordance with the California Environmental Quality Act (CEQA); b) Review and approve Final Tract Map No. 17772 located at 1560 Placentia Avenue pursuant to Section 19.60.010 of the Municipal Code; c) Review and approve the Subdivision Agreement for Final Tract No. 17772 pursuant to Section 19.36.010 of the Municipal Code, and authorize the City Manager and City Clerk to execute the Subdivision Agreement; and d) Review and approve the required construction securities for Final Tract No. 17772 pursuant to Section 19.36.030 of the Municipal Code, and authorize the Public Works Director to execute and release securities. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. Final Tract Map No. 17772 for 81 -Unit Residential Condominium Development located at 1560 Placentia Avenue September 13, 2016 Page 2 Ebb Tide, LLC, a California Limited Liability Company (Property Owner), is proposing a residential condominium development located at 1560 Placentia Avenue. The Ebb Tide residential development consists of an 81 -unit condominium subdivision on approximately 4.699 acres of land in the West Newport Mesa area on the easterly side of Placentia Avenue, across from Production Place and south of 16th Street (Attachment A). Tentative Tract Map No. NT 2014-002 for the proposed development was approved by the Planning Commission on August 6, 2015 (Planning Commission Resolution No. 1990 (Attachment D). Applicant has now submitted the Final Tract Map 17772 for approval and filing in order to construct the residential condominium development (Attachment B). Currently, the model home complex is under construction pursuant to Municipal Code 19.04.030 (A), which allows the model homes to be constructed prior to the Final Tract Map recordation. The applicant has provided construction surety bonds in the amount consistent with the Public Works Department's approved cost estimate in the form acceptable to the City, guaranteeing the completion of the various required public and private improvements. The bonds have been reviewed and approved by the City Attorney's Office and Public Works Department (Attachment C). The applicant has also satisfied all applicable Tract Map conditions of approval for the residential condominium development. Per Section 19.60.010 of the Municipal Code, the City Council shall review Final Tract maps. Final Tract map No. 17772 does conform to the applicable Tentative Tract map and its conditions of approval. Per Sections 19.36.010 and 19.36.030 of the Municipal Code, the City Council shall review the Subdivision Agreement and required securities to ensure the completion of all required improvements. The map also conforms to all requirements of the Subdivision Map Act and the City's Subdivision Regulations. ENVIRONMENTAL REVIEW: The City prepared and adopted a Mitigated Negative Declaration (State Clearinghouse #2015071007) (MND) for the Ebb Tide project in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). The analyses showed that the proposed project would not result in any significant and unavoidable impacts and all potential impacts would be reduced to a less than significant level with the incorporation of several mitigation measures. The final map is consistent with the approved tentative tract map and within the scope of the previously adopted MND. Therefore, no additional environmental review is required. Copies of the Adopted Mitigated Negative Declaration and other documents are viewable online at: www.newportbeachca.gov/cegadocuments. 11-2 Final Tract Map No. 17772 for 81 -Unit Residential Condominium Development located at 1560 Placentia Avenue September 13, 2016 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Map Attachment B — Final Tract Map 17772 Attachment C — Subdivision Agreement and Surety Bonds Attachment D — Planning Commission Resolution No. 1990 11-3 HOAGIDR Ea CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SHEET 104- 5 51HETEtS ALL OF TENTATIVE TRACT NO- 17773 TRACT NO. 17772 ��1� FATSd AYFTY�•11 TITTLE CDYaAW NUMBER OF LOTS- I NUMBERED IN TkE MY OF NEWPORT REACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, wt AREA 4 899 ACRES CSROSS 9Ei10 A SUBUAI4DN OF A POITOON, OF LOT 114 6F THE TMST ARITIMN OF MUIPORT NE56 MCt, AS SHOWN ON A IMPI- A 699 ACRES NET %AVD 04 BOOM 9. FILE C or 10ncai as WPM, 0 DE OM OF THE NEOUM OF 5W CFMNiPF DATE L7P SURVEY: MAY 31, 2014 VINC ENF W.IOARMIJ R.0 r3Y0b7 1N$1M1AMN1 146. O I V OalNBULAHD, INC MAY 21, 2014 FOR CONDOMINIUM PURPOSES WON PME OM=HIP WE. Tif UNDI-g5ICNED. LOW ALL PAIOiES HALOES Aw KCOHO TITLE 1NTFTiE$T 1N THE UNO omn OY IHS YAR. TD HEFfHI' CONSENT W THE PA WI10N AND RECORDATION OF SAO W. M SMDWT 10111114 THE (XFRNCTNE 1XVIDE1 IJI E. WE morEBY DOW -11 TO RIE CITY Ef MEYFTAiE NEICN: I, AN NCS ANO EWEM EASEMENT FOR EYCNDENCT AID PUNIC $ECUROY VEHICLE PNWI am INER LOT I AS SIMIM ON SAID WP. 1,- A RaiC IFRIFY WElIF1R OVER LOT I SHM 00 T43 YAP MIE ALSO HEREBY RaME ,AND FELODUISH TO TK 01" Of M1IP01TT BEACH Ail YEHIWIAR AW REDF511TINN ACC'E'SS ROTS TO PLACID" NFNLA, EMCEP4 Al I0"WED ACCESS LOCATIONS is MB WOE LLC. A CARIFONLA LIMITED UNNUry COMPANY WINE: TINE NOT'AR1` ACiKNOWLEDGMENT A NOTARY P[v 1 1:14 CERA a NO 7CERTIFICATE AETeF[5 ONLY O+. IDcPTR1Y OF DIE INOMDUAL " MON® TIE OWAIENT TO DWNP. BAS CUITIFIDATE IS ARACIRF, AND NOT -K TRURIPULHESS, AMMACY, OR VALIDITY OF THAT DOENLEHT. STATE OF CALIFORNIA ] ] SS CDUAFNY OF I ON BEFOIDE RIE, A NDTARY PUBLIC, F'ERSOHNLLY APPEARED , ATNT PROVED TU ME ON THE BABIs OF SAASFACFORY EVIDEACE TO HE 114E PERS©N[51 WIWSE NWE[s] PSVATE 51 D 117 THE 141414 INSTRUMENT AND ACIONO 1,WOED TO ME D -RI HE/SHE/THEY El WIRD THE SAME NN HI5/MRjDNFIN AUTHORIZED 0WADT401, ANO THAT BT 1I6/NEA/THOR SCUATURE151 ON THE ASTRDMENI THE PERSONES], ON INE ENTRY UPDN BEYALF OF WROCII TIRE MSENES ACTED, EXECUTED THE INSRNIMENT_ I CERTIFY UNU9i PENN.TY 6F PERJURY UNDER THE LAWS OF THE STATE OF GMIFORAIN RUT THE FOREE600IG PAAArRAPM 15 IAUE HYO CORRECT WADIM MY HAND SIGNATURE , PIRATED IAAw MY PRINCIPAL PLACE OF BUSINESS IS N �`OIANpY MY MM611RDDN NO. MY COMMISSION EXPRES NOTARY ACKNCIWL_=M A IAN ANY. O QFT Y FATS GAY THE IDENTITY OF THE IMI4DLML MI40 acmuD I1 DOGWATNT ID mch AUS CEAIFTCATE IS ATIADIm, AMT NDT ITT PIVIIWIUVINS. ACOUp1LCT. OR VALIDITY OF THAT DOahENI- RATE OF CALIFDRNA j COUNTY OF ] ON YE. A NOTARY PUBLIC. PEHSON411Y AF'PCAAED _ _ _ , WOO PMYED TO ME ON TFIE BASIS OF SDAWAITTORY ENOENCE TO K TTIE PERSONES) OM *WJSI IS/AAE SUSSMED TO 14E WRHBA INS MTYEAI7 AND AROMFD,.^ED TO ME THAT IE/j1IAEV El IEWTE0 THE SAYE N MtS/7ffRR/FmA AUTHORIZED CIIpAOl71[IIM] AND THAT BY NIS/HCR/TMVR SIONA S] ON TRE INMLWENT HF PERSON[$' ON THE LARRY UPON BEHALF OF Tn9GH TME PFASON13 ACTED, EXECUIEO THE INsrRUME1NT. I CERTIFY UNDER PENALTY OF KFIVURT UNDER THE LAWS OF TME STATE OF ORI LIFO RNIA1 114AT THE FDREIMANO PARAAAPn 5 TRUE AND CDMiGT. WINESS NYHATAO SIGHAIIJRE PRINIFXI NAME MY PIRIMAC FLAG?[ 4Y BUSINESS 15 IN COUNTT MY COMMISSION NO - MY COIWIS" EMPIRES z1GF_TKR RE OMISSI(iN5 PUTS VIT RT RIE PROWW)Pd OF =POR 8036joX3XIOA(C) OF THE 5UROMSON IAP ACT, ITE ".aFiAATNF63 OF THE Fp10WNG OWNERS OF DZEMENTS AMI/OR OWR INIM5- LONE RUR OIFrM 500111DA ry XW EINSM COIMAWY R M1ER OF AN RASOODIF FOR RORDG URATES AND INCIDENTAL INIIP051:5 PER Op7MW RIMMED IN 0" 4511. PACE 215 OF OFFICAL =111%. HAUL S GKOC. $10LDER OF OW -HALF OF ALL OIL DR OTHER 9'DRLD mWft SUNSMNCES, PER DEED RECORDEIT JULY 14, 1955 YN BOON 2577. PAGE SIM OFFICIAL RECORDs- F'IWNM STEM AND SIDONA STEM.. NUSELWO AND YAFE, I14U1ER OF ELITE-OUARTER OF ALL OIL DR OWER HYDROCARBON SUBSTANCES AS RESERYE'D IN THE DEED RECORDED SEPFEYBFR 10, 1959 IN BOON 4973. I'ME 433, DFW-X RECOABS STATEMENT OF KIRPDSE xE POT ITIS MW Is ID SUBDIVIDE ONE EXSIWC LOT WM ONE (1) 1AIMBERFU Ulr FOR OX ORM 61 R1TE W w0g, 1111.11 NNAAIIA GCANRY C1FAA-RELL:I^�FIBY THIS YAP VMS PRUVIRLL BY YE OR LARDER W DIRECTION ANO G WED UPON A FEW MV IN C"I'DINWCE WITH THE REOIIRFUEIRS OF 111E 54HEMNSON IAA^ ACF Alm LOCAL ORDINANCE AT THE REWEsI OF CRAIG MA72WA CAI MIY 21, 2014. 1 NFAEBY STS DAY ALL YONWIENIS ARE OF 111E RWWTER AND WCtPr THE POSITIONS NDIGIEO. OR THAT 040' 1171 BE SET IN SUCH POSITIONS WERIN 90 DAVS AITfR ALCELRNC,E OF LNPW,pVEHEHIS AND TEAT sw MONUAM ARE SUFFICIENT W UAOLE THE SIRYEY TO RE RETRACED, I HERE N STATE THAT THIS FTWL MW SJBSTWTOLLY CONFORMS TO RLE CONOIDDIQUY 94"m IENFATNE 5W". VKW W, MARRATI, NCE JM D DME _ INENE' NCISFIES 5-30-18 r r FIAT) + eq 4VAA/%1A MINTY SURVEYEIR'S STATE7lE}tF I I1ERElif STATE OW I HAK MAIHYEO SKS MAP AND IMVE -WW flMT ALL WFINi PROd3gls OF THE SUBDMWN MAP ACI HIAYE BEEN C WIUM WH AND D AM sAtmo. SAO MAP is TKMWJ 1Y CORRECT, BATTED THIS BAY Or 2011: Y 1 NA HIR. +411sCIA , IAY SURYfYOp LS. 6817, DIP. 12/31/17 u rl+l ' Etc AN C. fORNEp(ER, OFPUTr COLUM SIIROEITN1 S 7212 CM EMU'S SUJE MW I HERIM STATE THAT I RAYS EXAMINE? nos MAP AFD INK FDNMA3 Ir TO B€ SUBSFADTAILY N CCNFOBWKIL MWH FTE TENTATAE YAP AS FRED MAU6 AMENDED NO APPROVED 9Y RE rm PAWANC COMWV , THAT ALL PWVUMs OF THE SCONI51DY wr Acs AND aPY SUROM5101111CRLAATIORS NAVE BEEN COIIFUE0 1091T.. 13010 TTIS.v. DAY Or 1018 kk%W IL MINOJEW ME Na. 611577 REO"TK)N EWFES: 00%76/701.7 ORY EKKER / DERRY KOM WOW DAE[Vi CITY OF KWCM BEACH SEAT[ OF CAIYT/ANN i AAUNIY OF (RAA".{ )55 Y NEREB/ CaTTYY T1Ar M AAP IMS PRO"rE-D FON 4'40YK M BR. CIM COUNCIL OF RIE ORY OF NEMPORT BEACH AT A RELUAAR NEum TKIEOF Mao ON THE DAO" OF . NIC NTD W1 R{SEUPON SMD CORM OR FIT AN ORDER DU'LT PASSED AND ENTERED, APPRVIC $ND W, AND DID ACCEPT ON BEHALF OF THE CITY OF NEMPORT BEACH: T THE EAZMNT FUR EDICT AM IAIRX SCCymY 1p6AL INOWM AMD MUSS pulso f5 AS COWED. I THE PUBLIC IIIAHY EASEIIEHE DYER UOF 1 AS DE DICA1E0. 3. ALL VEHICULAR AND FFINSRYWI KOM RIGHTS TO PUM1EVFk WINK. AS RFTEASFI AND PEUNC.YSYIED. AND O@ ALSO APPRDIE SLBIFPT IAP PURSUANT TO THE PRONASION, OF :,€CION 69430 0)(3HFI OF ME SIIRAAARION MAP ALR N MTMESS WHEREOF I WWE HEREUNIO SEE MT WD AND KT W THE SNFR31L SEAL OF THE MY OF NMI'CF REAM, DATED T"IS BAY OF )OIf Uim L a mNN COY OLM, CITY OF MMMW MACH COUNTY TRENSURER-TAX COLLECTOR'S CWFICATE RATE lK CAIFONMuO C91.AN1Y OF DRAIICE ] I HLREBY CWFN THAT ACOOROWO TO SNE RECOPOS OF W' OFFICE THEK ARE NA U En AIJIST ME UND CVERFD Rf MIS YW ON AW PART T40OF FOR INPND STATE. CDUHIEY YUMCN9NL OR 19CA Txa OR SPECIAL ASSFSSWSIS U LLEC1ED As TAXES, COMM TAXES OR SPFLYL ASSESSUD IS COLECTED AS THLS NOT YET FATALE. mu IO OFATIFY TO RTE RECORDER OF ORANOE CDUNFF THAI THE PROW61 M IM 7I£ SIB@ASON AAP Am HIWE 854 cYwdo ITiro REQ101114 OEP05Rs TO AFUAE P,Aww LY TAM 09 SPEeAL ASIES;YFNIS CMIEC€U AS FAXES WY TIE UND CIVERED BY TTIM IUP. avo TN6 _ ODW OF $MB SHAM L FPPIDENMCH BY: SLEET 2 EN 5 SHEETS ALL OF TENTATIVE TRACT k0, 17772 TRACT I '4 O• 17772 NUMBER OF LOTS: 1 NUMBERED IN 111E CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STAY OF CN_Ik ORNIA, AREA: 4 NO ACRES GROSS VIIIc17NTW SMARPATI, RCE 33M BASIS OF BEARINGS 4669 ACRES NET c&vcoNsuLnNb,INC MAY 71, am DATE OF SURVEY: MAY 21, 2014 FOR CONDOMINIUM PURPOSES G.P.S. CONTROL SCHEME I \ M �\ = O NORTH �g GRAPHIC SCALE � A 1 IN I 160 Il 3� w — _ ,-E 16TN5iR�SiT 4 F - w rN LEGEND j iNIBCATGS REf= DATA AS NOTED f -CITY Of COSTA MESA A, MIKATTS DATA PER PW 121/24-2s. --CITY OF NEWPORT BEACH BASIS OF BEARINGS 13 WX%7 5 DATA PER PAI BI -707, F* 170/47-46, THE BEARNOS SHOAM HEREON ARE WL%W CN RE REWPIC OTNEEN 0LS NS 04X0 ES OATH f{R 7114 11161 RF1NC N flo 59'0' PIR�CORDS 00 r11E IN 4STATION GM W HG7a OPAT HE WARM ��TV RJ 410NAn (ATA M RS }006-1164, RSR 27,07. 9JR4EKIR. R9 11K wms LWA PPR RS 70-1130, R59 101,112-14 K R6 14WTES ORA RR Py 95-52% R16 2N/Z-22. DATUM STATEMENT r7 immAIES DATA PFR MACr I7AOO, WI WJ2-4-31 OD01MR11A R3 WM11 ARE r9A;D ON THE CNFMO COt1m11NATE SY57EN �I w (CCA41 MWE N, 190.3 NAD, (200!,01) EPOO OtS #5 AD.USH&Ntl Q 1 PWICA7ES DATA PFR 1',{S31ENT DEM. BWN ID611, PK{ 01-163 All NSTANCES 9014 ARE MAA LPEESS OTNER113E NDTF13 TO OBTAIN 1786 REC0R0F0 IAWHI 26. 1975. t95IANCOS 41A1PLY WOBNO INSTANCE BY 06%996697 F N. SLARCI®, I O,FW N9004C 257A5E5: 9 6557 R, 2 7 79 215144 E 6018781-111! AL WD093 DES CPS 19RI/WIR STATM AKNOMENT IM RE001M ON T9E IN THE 6755 N 217302177 E 6M477774 [IrFNE OF TIRE DRANOE CDUNTY SO VEWIR # O O]ES FOONO WK4XNr AS NOTED. 0 INOOTES 2' TP FX,OED IRGL 33550'. OR W S & W STAMPED 'RDF- J35'2D' IN ASR*tt 1*440 A IW.KNTSS C: 2' OR rWRE. ON ILAO, WKX ANO TAC'R-tt 13574` OR NIA, AND TAG 'R,CE 1150 TO BE SET,. 11-I&1. AT ALL 01ACT EASEMENT NOTES. B0W44Y CORNERS L%" -S WHEM ISE 1100ttb. B• S e Ni G1NR177 'TlS 7725' iN ASP7W I. I)R 11145, TACK A7q TAO '4. S 7775` �,',/ Ellif mi'~ €I-&* 111TIE D'�!N,e l {4 QLQ6 AS ODDK 011. PAGE OR ?WL ANO TAG 7 S 7725• TD a SET, PER R7. 273 OF OFFC & RECOROS Fl A' i .4 w 47AAwn '*CE 03070) IH A57HAtr Um!-E-� lochiP.S7 HEr jal-1 NOTES JUNA&MwESTABLISHMENT At (A71AR7L ED9IN AF +71M NAA +K AUNru AM AIA I A w4E t$JAm4HW F1 r^*M%*TK1w OF 0110Q DETWER 45W 5MtT ANO IBIR slHt'.I TIES AS f611M N/I 'LS 11937 AS 16R IM 7P5 Ls Eg ti4NG i1xENTN ANTAIt NEN R5 i!P' 65'1)-PN7, R.99 45pf10 25 d CP RMS -154;4 FBI BLI EPoESWIV1 EE BY 01113MD WIRT WilPER R3, AT tDO RI INr OF W14ERTIA JE V ESrA130SNE0 re PROPDRr10R BETw EN PIM2NFIA mmc Am Pomom N,6R04. ww; 4 r'•J. 111M SDN€1 PER 931 I \ M �\ = O NORTH �g GRAPHIC SCALE � A 1 IN I 160 Il 3� w — _ ,-E 16TN5iR�SiT 4 F - w rN 4r f -CITY Of COSTA MESA --CITY OF NEWPORT BEACH Dd fAROfAtK'TI�JVPI.A � LOT t — _ V llmv +w 22066'. Ilm 117 m3061! -,AA 'Sge1]Y K 4� lihPal 6lC AT AAPN%N} CCN . Y e1FF oa rTp it IfU 90010 ,w.A1 SAV` hyla•[ �� K 1 � �I w / SEE 90ET3 FIR BOUNDARY WAkA711NRT & EKISTl1C EAMn IS ,ff.%VT M FOR EASFJIENI OFFAR SET %PET 5 FOR UNE AND CURNE DATA ALL OF TENTATIVE TRACT NO, 1T M NI NMER OP Lars: I NUML)ERED AREA : d 999 ACRES GROSS 4.999 ACRES NET GATE OF SURVEY- MAY 21, 2014 TRACT NO. 17772 IN EHE (M Of NEWP(]fiT 6F.AQI. COUNTY OF ORANGE. STATE OF CALIFORNIA, VMCETITW 9CAHPATT• RGE 3CASQt1 CLVC09L14JLTINO,INC MAY 11.5144 FOR COND041NIIJM PURPOSFS BDUNDARY ESTABLISHMENT & FX191NC EASEMENTS 1 {9 yI aT f KK4Mvc r-c7WIm IC,Lfa. +l„S1G: Kr -6»c- _ E A6TF! 3TH7]'L+T li Sia W 19174 ir el I= 6 L' Nw_w w Sf e d9 %A)[ I qs N% +•� � e� z —e $I I CITY OF COSTA ESA fI g I b Ndg'9r4411 IL 6X' T A1/11)_._ mise. -- -- - ---- I - -- -„ 67074' CITY OF NEWPORT BEACH mbar livUllsi [OT I 4.699AG GRMS 4699AC NBT LOT 194 6w 19' (OW IuI 731RT ---" NWJTOTW maw [69b' mi] 191 NORTH GRAPHIC SCALE: lw a ro iae [ w I T N i lads [m9 iL I i R WONA AVENL+E � I PON, trr Tlf S'�wt0 ['or yarn im¢i Nll N6i"'r9X -a57 r14IM2Y MIXII'M li' NSI I Y k N7 A 06GF1 iw 1[]]amirY'i m�r7� m - 970 f 916.71" 1 1 ,lA�' •iu,Kx 0if , r\,,y RY] L01 715 �� k i �G qay� 1a;ix .y4 ti'rL _ _ _ I J •i�aY ,� Aw Orr 479 i'-0&ah�i W K i 7 �T�"'YT'3rYJL m➢i tar.» K !n 'Yi3F w7eirE,x I��ic. � .— �– .� e it - �a,r �+A7tv.K .. m57 ea�,nr- 6 k +. utr, mlk xi�rr-a ams xoR w45, aw rrSJ-sr will , s Dist ral marl suyl+n Vrxn rank rxLs oN w M i WQ NMS AT 140 ms Ulm u 9W. UNE TABLE �- NN'olxo Nsxu'vt i �G brr Inn KI[ iaew K9l .y4 yr744&Y..rt s IN 11,K -- Y Dist ral marl suyl+n Vrxn rank rxLs oN w =6 rc 94t1 vw 0601 P m. tom a+ 1 r M i WQ NMS AT 140 ms Ulm u 9W. UNE TABLE TIM. + aA97Is -- AEC0R9 i, I mum -m I 7709' CURVE TABLE WK ! MONS I IKUA CI i5Q9' 6759'32' 2]55 Y 0 Im C2 17A9' 14crtiry 11A6' Y i AI ''EC SKEET 7 CFS CORTM S01NE, DABS. 1DF 9EARWGS Eh4R NI KTU. JATIIN STATEYEW AND LIMPID 511 SSIEET iFM EASEWENi CLLW 511 VITT 5 FCR UNIT AM ISINVF DATA SHEET 4 OF 5 SHEETS 1 7 7 7 ^/ NORTH ALL OF TENTATIVE TRACT NO BERE TRACT N 0 . 1 ! / / L GRAPHIC SCALE NUMBER OF LOTS: 1 NUMBERED <° 0 20 40 AREA: GROSS: 4699ACRES IN THE CITY OF NEWPORT BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA, SzRt;-� NET: 4 699 NET VC a V CONSULCENTVV T NG, INC MAY 21, 2014 [ 1N i'E4] N DATE OF SURVEY: MAY 21, 2014 1 Inch 400 [L FOR CONDOMINIUM PURPOSES PROPOSED EASEMENT DETAIL 40 UK �iA If m SEE DETAIL •A• S SHEET1 SEE P — — — — DETAIL IL THIS IM SEE DETAIL WE • THIS MNL'W THIS 91FET SEE DETAIL F THIS SHEET i]x4iiDxr — — _ 00 wait' 1. 41i "L _ -,- G 1.:5.71 C -ml � 131 tl LS i1, e•LS.ri' T•tir, %�i e.1?J'. 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Ql al ��1� rvaarz4• �' � � wrxY�• �, r s+.rrao-'a°' > �I � �" `` 1 � a-satrc4r 1 til p %1 r� r ( !t\ 7I 4 NU 0 NO'2053'E -K 750603E r— — __ r X11 � C2 fT M wow o 9'i �� • ��— 1�fi� $ L40 �P j - - - _ — _ I+TµcA is - LAI J II SEE /D, SEE DETAIL r' THS SHEET °ETiLL •0* THIS SHEET SEE DETAIL •M SEE 9E17 5 SEE DETAIL r SEE DEET 5 SEE DETAIL 7 SEE SHEET 5 , T DETAIL C r__-- _--- NOT TO SCAE r Win-- ----- ---� r--_------_ 4 NOTES: I c - L74 G1 L25 T j ,.-c1r j INGRESS AND EGRESS EASEMENT FOR EMERGENCY AND PUBLIC SECURITY VEHICLE r" I C L1B T li r' - I Q7 PURPOSES I u L4 I s:0la i11 T �-c® I u7 _ _ _ _ j I - j[�'`—us i + I - jp '"S j I � lq 'tet L'! q1 I I I � K'��, I I L lik �� �+I DL _ ` AN EASEMENT FOR PUBLIC UTILITY DEDICATED TO THE CITY OF NEWPORT BEACH 11 iR �> J I L *' vl - I Im s �J I zz yam' y C1 + W I % "[^l 1. IT'§ W > .� �I I C1 ,y, -`I• 4 L7 C7 I°a, J i 1 `6l'F��� �R I� W '"moi 1 I1-C1'q`!�. W I I 9 le Q -+ aI I I� Q I� T110 CESS RIGH TO THE CITY OF NEWPORT BEECH ALL VEHICULAR AND NO'17'37"E J f Q !1 I NV 17'37'E _ ' J i I 1 I J L O "+TTI6W ACCESS RIGHTS TO PIACENTIA AVENUE, EXCEPT AT APPROVED ACCESS L�NPl7'37"E Q NO'17']7'E NG' z�Qz �NO'l'%37E N(r17'37'E—1 �Q NO'IT37'E LACK 114.12' 43.59' I 44.03' 43.59' I 44 03' 43 59 I� 44.03' a 43.59 _ _ J L _ _ _ _ - I _ _ J L — — —I — — — J L — — !I — —I — — — J SEE SHEET 2 GPS CONTROL SCHEME, BASIS OF BEARINGS, EASEMENT NO1E DETAIL •A• �� g DETµ •�� b• DAVM STATEMENT AND LEGEND SEE SHEET 7 BOUNDARY ESTABLISHMENT AND EIOSTING EASEMENTS NOT w SMILE IpT AI 9CYE HOT TO SCALE NOT A �.ur SEE SHEET 5 FOR LINE AND CURVE DATA 11-8 MOTsOG9TIEET ALJLTRACT NO. 17772 i dP TeNrnnue TRACT NO NUMSER OF MOTs: 5 NUMBERED IN THE GTY OF NEWPORT BEACH COUNTY Of ORANGE, STATE Of CAUFORNA, 1ANCENT W SCARPATI, FIC E3. AREA: GROSS: 4.299AORES G4YG0NmxrlA10,INC MAY 21•2OU NET: A 269 NEr FOR DONDOMINIUM PURPOSES S. T flATEOFSl9EVE1°: MAY 2}•'2054 UNE AND CURVE DATA wrcrctT�� cy� �,1"'� al I �w tI W 1j r — — T — — T — — wm,a) s �2 WNM3,t 1 zgt- I F— Lw I �__j r — — — — - — — — - � Toll � �� �NT e0.9i M>w i uw aE''SKEET 2 GPs CMMA %*WE. WS OF 6ELS9 M EASLYENT NQTES,. DAAA1 SIATEIIDIi MD ILWa STF MEET J M BOuRMi TSTA6OAW, i CZ M9 EASEMENTS SEE . 4 FOR MVATE STREET DETAIL SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT BEACH AND EBB TIDE, LLC FOR TRACT NO. 17772 THIS AGREEMENT ("Agreement") is entered into this 30th day of May, 2016 by and between CITY OF NEWPORT BEACH, a California municipal corporation and charter city, hereinafter referred to as "CITY", and EBB TIDE, LLC, hereafter referred to as "SUBDIVIDER". RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to make certain private and public improvements, and is about to file with CITY a map of the tract of land known as Tract No. 17772; ("Tract") and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to provide one public access point and infrastructure improvements to accommodate drainage, sidewalks, curbs, gutters, street improvements, utility (sewer, water, and dry utilities), and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain portions of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code, and Chapter 19.36.030 Improvement Security (66499 et seq.) of the City's Municipal Ordinance. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said 1 of 11 11-10 tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to construction of: streets, including excavation, paving, curbs, gutters, sidewalks, storm drain improvements, parking, trees and landscaping; sewers, including construction of main lines and structures; street lights; street signs; and domestic water systems, including the construction of water mains, services and installation of meters, and dry utilities (SCE, gas, Cable TV, Telephone, etc.). SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material costs and expenses therefore shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter sidewalks, medians and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. 3. GUARANTE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City's Council acceptance of same. 4. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the Improvement Plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as 2of11 complete or during the one (1) year guarantee period and, the Improvement Plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. 5. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER'S failure to comply with any of the terms and conditions hereof. 6. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 7. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 8. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Newport Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: For performance security, in the amount of THREE MILLION FOUR HUNDRED TWENTY THREE THOUSAND FOUR HUNDRED THIRTY FIVE DOLLARS and 00/100 ($3,423,435.00), which is one 3of11 11-12 hundred percent (100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of THREE MILLION FOUR HUNDRED TWENTY THREE THOUSAND FOUR HUNDRED THIRTY FIVE DOLLARS and 00/100 ($3,423,435.00), which is one hundred percent (100%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 9. INDEMNIFICATION. DEFENSE. HOLD HARMLESS City and all officers, employees and representatives thereof shall not be 4of11 11-13 responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the improvements or for injury to or death of any person as a result of SUBDIVDER's performance of the improvements required hereunder; or for damage to property from any cause arising from the performance of the improvements by SUBDIVIDER, or its subcontractors, or its workers, or anyone employed by either of them. SUBDIVIDER shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from SUBDIVDER's Work on the improvements, or the Work of any subcontractor or supplier selected by SUBDIVIDER To the fullest extent permitted by law, SUBDIVIDER shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or SUBDIVDER's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of SUBDIVIDER, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require SUBDIVIDER to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER SUBDIVIDER shall perform all Work in a manner to minimize public 5of11 inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. SUBDIVDER shall be liable for any private or public property damaged during the performance of the Work by SUBDIVDER or its agents. To the extent authorized by law, as much of the money due SUBDIVDER under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INSURANCE Any insurance required by the City pursuant to any permit issued to City including but not limited to, any encroachment permits, shall be obtained by SUBDIVIDER. The requirement for carrying the insurance coverage shall not derogate from SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in prompt and timely manner, the premium on all insurance hereinabove required. 11. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including SUBDIVDERs, in the event CITY proceeds to complete and/or maintain the work. Once action IS taken by CITY to complete or maintain the work, SUBDIVIDER 6of11 11-15 agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 12. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map for the Subdivision. 13. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U.S. certified mail -return receipt requested: TO CITY: City of Newport Beach ATTN: Director of Public Works 100 Civic Center Drive Newport Beach, CA 92660 14. CONSENT TO SUBDIVIDER: Ebb Tide, LLC ATTN: Sunti Kumjim 4 Park Plaza, Suite 1000 Irvine, CA 92614 When CITY'S consent/approval is required under this Agreement, its consent/ approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 15. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 16. CITY APPROVALS The City Manager of the City of Newport Beach is hereby authorized, on behalf of the 7of11 11-16 City, to sign all documents necessary and appropriate to carry out and implement this Agreement and to administer the City's obligations, responsibilities and duties to be performed under this Agreement. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each 8of11 11-17 duplicate original shall be deemed an original instrument as against any party who has signed it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Newport Beach City Charter Section 602, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 23. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LA This Agreement shall be governed and construed in accordance with the laws of the State of California. 25. SIGNATORIE Each undersigned represents and warrants that its signature hereinbelow has 9of11 11-18 the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. [SIGNATURES ON NEXT PAGE] 10 of 11 11-19 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. APPROVED AS TO FORM: CITY ATT.( -Y'S OFFICE Date: By. Aaron C. Harp 'IA City Attorney ATTEST: Date: in Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Diane B. Dixon Mayor EBB TIDE, LLC, a California limited liability company Date:�a 15 -?.d l (v By: MBK Homes Southern California Ltd., a California limited partnership, its Sole Member 11 of 11 By: MBK Southern California Residential, Inc., a California corporation, its General Partner Timothy A. Kane, President 11-20 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califon is County of ss. fi On / 20— be e1 e✓ a Notary Public, personally appeared 1 m h , who proved to me on the basis of satisfactory evidence to be the person(,9) whose name($) ishan subscribed to the within instrument and acknowledged to me that heGheikhey xecuted the same in hisA4ef4P,ejr authorized capacity(k- and that by his/he0th r signaturesW on the instrument the person(s,,! or the entity upon behalf of which the person(pr) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -,. CYNTHIA KATHERINE LYNCH WITNESS my hand and official seal F Commission # 2021231 x Notary Public - California z x Orange County n My Comm. Expires Apr 21, 2017 Si ature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of � I ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature (seal) 11-21 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. APPROVED AS TO FORM: CITY AT�j %EY'S OFFICE Date: UL— Aaron By: _ C. Harp " City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Diane B. Dixon Mayor EBB TIDE, LLC, a California limited liability compan Date: 1� — �'�;--201 �P By: MBK Homes Southern California Ltd., a California limited partnership, its Sole Member 11 of 11 By: MBK Southern California Residential, Inc., a California corporation, its General Partner By -� Timothy A. Kane, President 11-22 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califor County of_ j ss. 1 On I 2e— efor me, �a % �l pry' L `t Notary Public, personally appeared r /i� 1"k ie �e ,who proved to me on the basis of satisfactory evidence to be the person() whose name(A is/are subscribed to the within instrument and acknowledged to me that h&&146A4ey executed the same in his r4 -them authorized capacityfi-- j, and that by his/fir' signaturesX on the instrument the person(), or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal- CYNTHIA KATHERINE LYNCH � Commission # 2021231 Q'•'�;tii' Notary Public - California z Orange County D My Comm. Expires Apr 21, 2017 Sign ure (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 11-23 JF1 s&P SUBDIVISION IMPROVEMENTS °"r 1904 PERFORMANCE BOND Bond No. 0699532 Initial Premium $ 45,532.00/2 Yrs. Subject to Renewal KNOW ALL MEN BY THESE PRESENTS: That we, Ebb Tide. LLC as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation duly authorized under the laws of the State of New Jersey to become surety on bonds and undertakings, as Surety, are held and Firmly bound unto City of Newport Beach ,as Obligee in the full and just sum of Three Million Four Hundred Twenty -Three Thousand Four Hundred Thirty -Five & NO/100 Dollars, {S 3,423,435.00 lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: Whereas, the Principal and Obligee have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as project Ebb Tide Tract 17772 is hereby referred to and made a part hereof; and 'Dry Utility In -Tract, Domestic Water, Public Street, Precise Grade, Storm Drain & Sewer On Site. Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, Therefore, the condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and included in anyjudgment rendered The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Orange, CA , this 1st day of June 20 16 By See Attached Signature Page / Principal INTERNATIONAL FIDELITY INSURANCE COMPANY By Shane Wolf / Attorney -in -Fact 11-24 nF\/Fi ( PFR - Bond No.: 0699532 Signature Page Ebb Tide, LLC a California limited liability company By: MBK Homes Southern California Ltd., a California limited partnership Its: Sole Member By: MBK Southern California Residential, Inc., a California Corporation Its: General Partner By: - Timothy Kane President 4 Park Plaza, Suite 1000, Irvine, CA 92614 (Attached Notary Acknowledgment - Principal) 11-25 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On June 1, 2016 before me, Susan E. Morales, Nota Public iliwe In5en name and KO uF t e tl icer personally appeared Shane Wolf , who proved to me on the basis of satisfactory evidence to be the person(a) whose name(e) is/aye subscribed to the within instrument and acknowledged to me that he/s#eftreq executed the same in his/ *e+r authorized capacity(ies} and that by his/"^�4 signature(s� on the instrument the person(*, or the entity upon behalf of which the person(&) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. go Notary Public Signature SUSAN E. MOiRA&ES COMM. #210'17')8 w NOT-%" PUBLIC - CALWORNIA 3Z ORA NIGE c04 MTV �Ay Comm EgPI(es lWarah 28, 20 f9 Nota Public Seal) `''" 6*10S, "' '*k""'�'t' (Notary ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond #0699532 (Title or description of attached document) International Fidelity Insurance Company (Title or description of attached document continued) Number of Pages 1 Document Date 6/1/16 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) I] Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Thts farm complies with cur rens California stalufas regarding aatao, trarchlig atrtl rf needed should be completed and attached ra dee dorrtment dckrralivedgenrs from oilier states may he completed far docu+rrents berng seta to that slate so lung as the wording does not require the California notary to violate California notary lata • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personalty appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i -e ate/she/tom is /are ) or circling the correct fors Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photogruphicalty reproducible Impression must not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a dirferent acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date, Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i. e. CEO, CFO, Secretary), • Securely attach this document to the signed document with a staple 11-26 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } ss. COUNTY OF Vii' -JoAq;g: ) j Can ' before me, ,Cb ll + ( Notary Public, personally appeared `moi ,. , who proved to me on the basis of satisfactory evidence -to be the person(,$) whose name(, is/are subscribed to the within instrument and acknowledged to me that he�s� executed the same in hisAt-r.' r authorized capacity%e-s), and that by his/4efA4@4 signature�o on the instrument the personV), or the entity upon behalf of which the personfR) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.LINDSEY NICOLE MANSKER Commisslon #E 2097255 z Notary Public - Callfornla z (Seal) x Orange County n tart' Public MY Comm. Expires Jan 15, 2019 11-27 fel (;z4-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint SHANE WOLF, CATHY S. KENNEDY, BEATA A. SENSI, TODD M. ROHM I Orange, CA. _ their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof. which are or may be allowed, required or permitted by law, statute rule, raMation, contract or otherwise, and the execution of such instrument(s)m pursuance of these presents, shall be as binding upon the said iNFERNA ONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attomey is executed and may be revoked, pursuant to and by authority of the ay -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the foftowinresolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY ata meeting duly held on the 20th day of July„ 20% and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000:. 'RESOLVED, that 1} the President, Vice President, Executive Vice President or Secretary of the Corporation shall have the p�poower to a point, and. to revoke the appointments o, 4ttomeys-fn-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings• recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto' and (2) any such Officers of the. Corporation may appoint and revoke the ap ointments of joint -control custodians, agents for acceptance of process, and Attomeys-la-fact with authority to execute waivers and consents on behalf of the Corporation; and {3j the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bored, undertaking recognizance, contract of indemnity or other written obligation In the nature thereof or related thereto, such signature and seats when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY haveeach executed .and attested these presents on this 22nd day of July, 2014. STATE OF NEW JERSEY y- -- �� County of Essex ���i.�` ....-.e..-,•df,�,, [ SEAL ISM c k a� ROBERT W. MINSTER. Executive Vice President/Chief O erating Officer (international Fidelity Insurance (;ompany} and President (Allegheny Casualty Company) On this 22nd day of July 2014, before me carne the individual who executed the preceding instrument, to me personally known, and. being by me duly swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN: TESTIMONY WHEREOF, I have hereunto set my hand affixed my Offieiaf Seal, at the City of Newark, New Jersey the day andyear first above written. :" �gsrnk • .� ;•(j� NOTARY r il►- -40 in: PU auc 71 �' ''• A NOTARY PUBLIC OF NEW JERSEY ��p• °�lasa'�.�- My Commission Expires April 16, 2019 N.16 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the BY -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof• and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this J LJ { V - I fy' i"r day of MARIA BRANCO, Assistant Secretary 11-28 jEl C INTERNATIONAL FIDELITY INSURANCE COMPANY S_tnce 19C4 ye&P&P SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Bond No. 0699532 Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: That we, Ebb Tide, LLC as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, duly authorized under the laws of the State of New Jersey to become surety on bonds and undertakings, as Surety, are held and firmly bound unto City of Newport Beach as Obligee in the full and just sum ofThree Million Four Hundred Twenty-Threedollars, ($ 3,423,435.00 ) lawful money of the United States of America, for the payment whereof, said Principal and Surety bind themselves, their heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. *Thousand Four Hundred Thirty -Five & NO/100 THE CONDITION OF THE OBLIGATION IS SUCH THAT, Whereas, the Principal and Obligee have entered into an agreement whereby the Principal agrees to install and complete certain designated public improvements, which agreement, dated and identified as project 'Ebb Tide Tract 17772. is hereby referred to and made a part hereof; and *Dry Utility, Domestic Water, Public Street, Precise Grade, Storm Drain & Sewer On Site Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the Obligee to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, the Principal and the undersigned as corporate Surety, are held firmly bound unto the Obligee and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Three Million Four** Dollars (S 3,423,435.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will gay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by county (or city) in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. **Hundred Twenty -Three Thousand Four Hundred Thirty -Five & NO/ 100 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition Sealed with our seals and dated this 1 st day of .lune 12016 By: See Attached Signature Page INTERNATIDNAL Ftp ff*WSURANCE COMPANY By / Principal Shane Wolf i Attorney -in -Fact 11-29 01ITJaFOU 0.1 Signature Page Ebb Tide, LLC a California limited liability company By: Bond No.: 0699532 By: MBK Homes Southern California Ltd., a California limited partnership Its: Sole Member By: MBK Southern California Residential, Inc., a California Corporation Its: General Partner Timothy Kane President 4 Park Plaza, Suite 1000, Irvine, CA 92614 (Attached Notary Acknowledgment - Principal) 11-30 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of orange } On June 1, 2016 before me, Susan E. Morales, Notary Public efe Insen name and nLie ol inn oruceri personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(a) whose name(a) is/aye subscribed to the within instrument and acknowledged to me that he/she4 ey executed the same in his/he ie+r authorized capacity(4es), and that by his/herAhei signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. j ,rte Notary Public Signature Sl JSAN E. MORALES ORANGE COUNTY MY Comm.=xpires'Ma:ch '18, 2019 (Notary Public Seal) I ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond #0699532 (Title or description of attached document) International Fidelity Insurance Company (Title or description of attached document continued) of Pages 1 Document Date 611116 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) El Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM This farm complies with current California statutes regarding notary wording and, if needed. should be completed and attached to the document. Acknolivedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e, 4e/she/they-- is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i c CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 11-31 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF G ) On _-uC �'iva�(,? before me, L, 1f �, �1 11'h.�! Notary Public, personally appeared,who proved to me on the basis of satisfactory evidence: -to be the person(X) whose name(g) is/afe subscribed to the within instrument and acknowledged to me that heAs4,-� executed the same in his"i&F44eiz authorized ca acit p y(j.@°s), and that by his/13er-44eir signaturek' on the instrument the person, or the entity upon behalf of which the persons') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. rAIEM CINDSEY NICOLE MANSKER WITNESS my hand and official seal.Commission # 2097255 Notary Public - CalNornia 2Z Orange County Seal ? f ) M Comm, Ex Ires Jan 15, 2039 l '�' ary Public 11-32 Tel (973) 62:1-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 47102-5207 KNOW ALL MEN BY THESE PRESENTS. That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the taws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint SHANE WOLF, CATHY S. KENNEDY, BEATA A. S'ENSI, TODD M. ROHM orange, CA. their true and lawful attcmey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writin s obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute rule, requlalion, contract or otherwise and COMPANYeandoALLEG I�-ENY CASUALTY COMPANY, as fulof ly and amply, to aall l Intents binding p purposes, on the asditt hte�same thad Abeen dulyexecutedand acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed and may be revoked, pursuant to and b authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUr LTY COMPANY and is granted under and by authorily of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 201h day of July, 2410 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting du;y held on the 15th day of August, 2000: "RESOLVED that 0the President, Vice President Executive Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact ar agents wish power and authority as defined or limited in their respective powers of atlomey, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of Indemnity and other written obligations in the nature thereof or related thereto;. and (2) any such Officers of the Corporation may appoint and revoke the ap�vintmenfs of joint -control custodians, agents for accepptance of process, and Attorneys--en-fact with authority to execute waivers and consents on behalf of the Co oration; and `3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking recognizance, contract of indemnity or other written obligaWon in the nature thereof or related thereto, suc signature and seals when so used whether )ieretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the criglnal seat of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed:' IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on. this 22nd day of July, 2014. STATE OF NEW JERSEY(r�lfl County of Essex93 ROBERT W. WNSTER Executive Vice President/Chief Operating Officer �Internatlonal Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn; said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. Y W 3-1EREG]F I h ee h reunto set my hand affixed my Official Seat CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home: office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full. force and effect. `si" IN TESTIMONY WHEREOF, I have hereunto set my hand this TJN i L id day of MARIA BRANCO, Assistant Secretary _. 11-33. IN TESTIMONav New Jersey the day and first above written. at the. City of Newark, year o !y NOTARY��p•� M :'"* PUDLiC • ' A NOTARY PUBLIC OF NEW JERSEY 9r "•?+ Jv 2.00 • Pi ^f'-. My Commission Expires April 15, 2019 L�Cjfi NEW a�• ••'` CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home: office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full. force and effect. `si" IN TESTIMONY WHEREOF, I have hereunto set my hand this TJN i L id day of MARIA BRANCO, Assistant Secretary _. 11-33. Bond No. 0699532 Premium $ included with the Performance Bond SUBDIVISION MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS That we, Ebb Tide, LLC as Principal, and International Fidelity Insurance Company a corporation duly organized and by the virtue of the laws of the State of New Jersey and authorized to become sole surety on bonds in the State of California as Surety, are held and firmly bound unto the City of Newport Beach hereinafter called the Obligee, in the just and penal sum of Three Hundred Forty -Two Thousand Three Hundred* Dollars ($ 342,344.00 ), lawful money of t he United States of America, to be the payment of which well and truly to be made the Principal binds itself, its successors and assigns, and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. *SForty-Four & NO/100ths WHEREAS, the said Principal hereby guarantees against defective workmanship and material for the following improvements: Ebb Tide Tract 17772, Dry Utility, Domestic Water, Public Street, Precise Grade, Storm Drain & Sewer Can Site PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions: 1. This bond is for the term of One (1) the work by the Obligee to expire One Year after year(s) from the date of acceptance of 2. In the event of default by the Principal in the performance of the maintenance during the term of this bond, the Surety shall be liable only for cost of maintenance up to the termination of the term of this bond. 3 No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the Surety after the expiration date of the bond. Signed and sealed this 1st day of June 2016 By See Attached Signature Page Principal International Fidelity Insurance Company By: Shane Wolf / Attorney -in -Fact 11-34 DEVELOPER: Signature Page Ebb Tide, LLC a California limited liability company By: Bond No.: 0699532 By: MBK Homes Southern California Ltd., a California limited partnership Its: Sole Member By: MBK Southern California Residential, Inc., a California Corporation Its: General Partner Timothy Kane President 4 Park Plaza, Suite 1000, Irvine, CA 92614 (Attached Notary Acknowledgment - Principal) 11-35 ALL PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ora On June 1, 2016 before me, Susan E. Morales, Notary Pubiic ere insert name awn title o tl ne oof$cer) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(&) whose name(} is/ale subscribed to the within instrument and acknowledged to me that he/sheAl-tey executed the same in his/heFA teir authorized capacity(4e4 and that by his/he4th& signature(-&) on the instrument the person(.-), or the entity upon behalf of which the person4) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAN E. MORALES WITNESS my hand and official seal. CONIM. # 2 z NO PUSLWi - GALIFt3riMA s ORANGE COUNT e My Comm. Explrer, Mar=I� 28, 2019 —Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond #0699532 (Title or description of attached document) International Fidelity Insurance Company (Title or description of attached document continued) Number of Pages 1 Document Date 6/1/16 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) D Attorney -in -Fact ❑ Trustee(s) ❑ Other 2S .ter rR(?li-87'-j'S6` INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknohvedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary taw. • State and County information must be the State and County- where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization_ • Indicate the correct singular or plural forms by crossing off incorrect forts (i C. he/she/the),,- is /are) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 11-36 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ss. On IQ \U before me,:cid ,� Y�1�`�;r c� 41,y�fj'i ,i Notary Public, personally appeared A mks , who proved to me on the basis of satisfactory evidence -to be the person(4 whose name(g) is/ar-c subscribed to the within instrument and acknowledged to me that hem executed the same in his"�=~.'�'�___ authorized capacity(_ie5), and that by his+�� signatureks) on the instrument the personj-,,�'), or the entity upon behalf of which the person] s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L1 EY WOLE MM16VER WITNESS my hand and official seal. Comrniaalon # 2MM5 # Notary Public - CalH M a (Seal) Orange County My comm. Expires Jan 15, 2019 N r� )public 11-37 TO (073) 524.720{] POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY . ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MIEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and, ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint SHANE.WOLF, CATHY S. KENNEDY, BEATA A. SENSI, TODD M. ROHM Orange, CA. their true and tawful aftomey(s)-in-fact to execute, seal and deliver for and on its behalf as surely, any and all bonds and undertakings, contracts of indemnity and ocher writin s obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute rote, reeggulation, contract or otherwise and the execution of such Instruments in pursuance of these presents, shall be as binding upon the said INtERNATIONAL FiDEUTY INSURANCL COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attome is executed and may be revoked, pursuant to and b authority of the By -Laws of lotion adopted y he Bold INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the July, 20 resolution adopted f the Sward L Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20(h day of July. 201 and by the Beard of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED., that it1 the President. Vice President Executive Vice President ar Secretary of the Corporation shall have the power to appoint, and to revoke the appointments o ,Attorneys -in -Fact or agents wish power and authority as defined or limited in their respective powers of Wiley, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances. contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -In -fact with authority to execute waivers and consents on behalf of the Corporation; and {{3) the signature v any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking recognizance, contract of indemnity or other written obli ation in the nature [hereof or related thereto, such signature and seals when so used whetherreretofore or hereafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon tare Corporation with the some force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014, STATE OF NEW JERSEY r(r1r1936 County of Essex00��-mm�,�,, ROBERT W. MINSTER,cr`� Executive Vice President/Chief Operating OfficerL (International Fidelity Insurance Company) and President (A)legheny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTE=RNATIONAL FIDEL)TY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, l have hereunto set my hand affixed my Official Seal, .......... at the City of Newark, New Jersey the day and year first above written. r :'ar fn U NOTARY :$ PUBLIC eat;�, ��4 A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 414,0 iP,Int,n0*0% CERTIFICATION t, the undersigned officer of INTERNATIONAL' FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in. said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand INN I,,.i _ I 2 1 day of MARIA BRANCO, Assistant Secretary 11-38 PA2014-110 RESOLUTION NO, 1990 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION NO. ND2015-002 AND APPROVING TENTATIVE TRACT MAP NO. NT2014-002, PLANNED DEVELOPMENT PERMIT NO. PL2015-001, AND TRAFFIC STUDY NO. TS2014- 007 FOR THE CONSTRUCTION OF 81 SINGLE -UNIT RESIDENTIAL CONDOMINIUMS LOCATED AT 1560 PLACENTIA AVENUE (PA2014-110) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Ebb Tide, LLC., with respect to property located at 1560 Placentia Avenue, and legally described as a portion of Lot 714 of First Addition to Newport Mesa Tract, requesting approval of a Tentative Tract Map, Planned Development Permit, and Traffic Study. 2. The applicant proposes the relocation or demolition of 73 mobile homes, and the construction of 81 single -unit residential condominiums, private streets, common open space, and landscaping on a 4.7 -acre site. The application includes a request to exceed the 28 -foot flat roof height limit by approximately 10 feet under the provisions of Zoning Code Section 20.28.060 (Height Overlay District). 3- The subject property is located within the Multiple Residential (RM) Zoning District in the Height (H) Overlay District, and the General Plan Land Use Element category is Multiple Residential (RM). 4. The subject property is not located within the coastal zone. 5. On January 27, 2015, the City Council deemed a Relocation Impact Report (RIR) adequate prior to the closure of the mobile home park pursuant to Government Code Section 65863.7. 6. A public hearing was held on August 6, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. An Initial Study and Mitigated Negative Declaration (IS/MND) have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3. 11-39 PA2014-110 Planning Commission Resolution No. 1990 Page 2 of 29 2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment period beginning on July 2, 2015, and ending on July 31, 2015. The contents of the environmental document and comments on the document were considered by the Planning Commission in its review of the proposed project. 3. On the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse effects on human beings that would be caused. Additionally, there are no long-term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level. 4. The Mitigated Negative Declaration attached as Exhibit "A" and Mitigation Monitoring and Reporting Program attached as Exhibit "B" are hereby adopted. The document and all material, which constitute the record upon which this decision was based, are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California. SECTION 3. REQUIRED FINDINGS. Tentative Tract Map In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the Newport Beach Municipal Code, the following findings and facts in support of a tentative tract map are set forth: Finding: A. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with the applicable provisions of the Subdivision Map Act and the City Subdivision Code. Pacts in Su port of Finding:. The Land Use Element of the General Plan designates the site as Multiple Residential (RM), which is intended to provide for areas appropriate for multiple -unit residential developments containing attached or detached dwelling units. The General Plan Land Use Element Figure LU8 allows a maximum density of 18 dwelling units per acre. The proposed project does not exceed the maximum allowable density of 84 units (4.7 X 18). 2. The proposed project is consistent with General Plan Policy LU 5.1.9, which requires multi -family dwellings to be designed to convey a high quality architectural character in regards to building elevations, ground floor treatment, roof design, parking, open 03-03-2015 11-40 PA2014-110 Planning Commission Resolution No. 1990 Page 3 of 29 space, and amenities. The ground treatment principles are not applicable because the dwelling unit entrances face the interior private streets. Parking is provided as attached garages integrated with the residential structures, while the guest spaces throughout the site are uncovered. Consistency with the remaining principles of LU 5.1.9 is ensured through compliance with development standards and the Planned Development Permit. 3. The proposed project is consistent with General Plan Policy LU 6.6.2, which promotes the development of a mix of residential types and building scales as the proposed project includes a detached product type that will contribute to the variety of housing types in the West Newport Mesa area. 4. The subject property is not located within a specific plan area. 5. The Public Works Department has reviewed the proposed tentative tract map and found it consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. 6. The applicant will provide an in -lieu park dedication fee pursuant to Chapter 19.52 (Park Dedications and Fees), as required for park or recreational purposes in conjunction with the approval of a residential subdivision. The existing mobile home park has 73 mobile home spaces and the proposed project would increase the number of dwelling units to 81. The in -lieu park fee would be required for the eight additional dwelling units. Credit for the existing residential units is provided because the impact to park services is related to the increase in residents associated with the new units. 7. Conditions of approval have been included to ensure compliance with Title 19. Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Find ng 1. The 4.7 -acre site is regular in shape, has a slope of less than 20 percent, and is not within a zone deemed to be subject to seismically induced liquefaction potential. The site is large enough to accommodate the density proposed in compliance with all applicable Zoning requirements. The site is suitable for the type and density of development proposed in that the infrastructure serving the site and surrounding area has been designed and developed to accommodate the proposed project. As required by Condition of Approval Nos. 25 and 28, a drainage study and sewer demand study will be prepared to ensure that the storm drain and sewer main are adequate, and upgrades will be required if the infrastructure is not adequate. 03-03-2015 11-41 PA2014-110 Planning Commission Resolution No. 1990 Page 4 of 29 Finding: C. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision-making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality' Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: The proposed project is not located near fish or wildlife habitat and the design of the subdivision will not cause substantial damage to habitat. An IS/MND has been prepared for the project consistent with the implementing regulations of CEQA. 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 for air quality, cultural resources, and hazards and hazardous materials. The mitigation measures identified in the IS/MND are feasible and reduce potential environmental impacts to a less than significant level. The site is developed in a highly urbanized area and no significant natural resources exist on the project site or in the area of the project site. Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Findin The proposed Tentative Tract Map is for condominium purposes. All construction for the project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Municipal Code Section 19.28.010 (General Improvement Requirements) and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act. Furthermore, the proposed project conforms to all applicable City ordinances. 2. Mitigation measures identified in the IS/MND reduce potential impacts associated with air quality, cultural resources, and hazards and hazardous materials to a level that is less than significant. 3. No evidence is known to exist that would indicate that the planned subdivision pattern will generate any serious public health problems. 03-03-2015 11-42 PA2014-110 Planning Commission Resolution No. 1990 Page 5 of 29 Finding: E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision-making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Findin 1. The design of the development does not conflict with any easements acquired by the public at large for access through or use of property within the proposed development as there are no public easements that are located on the property. Sufficient site access is provided from the abutting public right-of-way (Placentia Avenue) with the proposed parcel map. 2. Public improvements, including removal and replacement of damaged concrete curb, gutter, and sidewalk along Placentia Avenue will be required of the applicant pursuant to the Municipal Code and the Subdivision Map Act. Each residential unit will be required to provide separate water service/meter and sewer lateral and cleanout. Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Su ort of Findin The property is not subject to the Williamson Act. The subject property is not designated as an agricultural preserve and is less than 100 acres. Finding: G. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision-making body finds that the proposed land project is consistent with the specific plan for the area. 03-03-2015 11-43 PA2014-110 Planning Commission Resolution No. 1990 Page 6of29 Facts in Support -of Finding - California Business and Professions Code Section 11000.5 was repealed by the Legislature in 2006 via Assembly Bill 2711. However, the proposed subdivision is not a "land project," as defined in prior California Business and Professions Code Section 11000.5 because it does not consist of 50 or more parcels. Fnding: H. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: The proposed Tentative Tract Map includes detached dwelling units with open space, private streets, and walkways further separating the units. The proposed subdivision design allows for solar access and future passive or natural heating and cooling opportunities. The proposed building height is 38 feet, which is compatible with other structures in the area. Of the 81 units, 59 are aligned east -west and all units will have sufficient setbacks to provide southern exposure. 2. The proposed improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards based on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Findinci: That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in 'Support of Finding: The maximum residential density allowed for the site will remain unchanged with project approval. The proposed 81 dwelling unit project is consistent with the RM General Plan land use designation which allows a maximum of 84 residential units on the property. The minor reduction in units will not affect the City's ability to meet its regional housing goals. 03-03-2015 11-44 PA2014-110 Planning Commission Resolution No. 1990 Pape_7 of 29 Finding-. J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: Wastewater discharge from the project into the existing sewer system has been designed to comply with the Regional Water Quality Control Board (RWQCB) requirements. 2. A National Pollutant Discharge Elimination System (NPDES) permit is required from the RWQCB for the proposed construction activities. Additionally, a Water Quality Management Plan (WQMP) has been prepared, pursuant to the requirements of the NPDES permit. 3. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program involves the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) for construction -related activities, which will specify the Best Management Practices (BMP's) that the project will be required to implement during construction activities to ensure that all potential pollutants of concern (including sediment) are prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the subject property. 4. The conditions of approval include the requirement for a sewer demand study to determine if the existing sewer main on Placentia Avenue will be able to handle the sewage flows from the proposed development. Sewer connections have been conditioned to be installed per City Standards, the applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing Code. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Su000rt of Finding. The subject property is not located within the Coastal Zone. Planned Development Permit In accordance with Section 20.52.060 (Planned Development Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: 03-03-2015 11-45 PA2014-110 Planning Commission Resolution No. 1990 Paae 8 of 29 Finding: L. The proposed development would: a. Include only uses allowed within the base zoning district, b. Be substantially consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan; c. Be substantially consistent with the purpose and intent of the base zoning district; d. Include sustainable improvement standards and protection of environmental resources, and e. Be compatible with other development within the zoning district and general neighborhood of the proposed project. Facts in Support of Finding: The Land Use Element of the General Plan and the Zoning Code designate the site as Multiple Residential (RM), which is intended to provide primarily for multiple -unit residential developments containing attached or detached dwelling units. The proposed 81 -unit detached residential development is consistent with these designations. 2. See Facts A1, A2, and A3 in support of this finding. 3. The subject property is not located within a specific plan district. 4. The proposed project is consistent with the development standards within Section 20.18.030 (Residential Zoning Districts General Development Standards), including density, lot area, lot width, floor area, setbacks, open space, and parking. The proposed two -car garages for provide a clear interior dimension of 17 feet 6 inches wide by 19 feet deep, which is the minimum size required for narrow lots pursuant to Section 20.40.090 (Parking Standards for Residential Uses). The Planned Development Permit can authorize the minimum interior dimensions requested as part of the application due to the lot configurations and condominium plan proposed. Each residential unit is approximately 21 feet wide with 6 -foot separations between the adjacent units; therefore, it is appropriate to apply the narrow lot garage standards. In addition, each garage is slightly larger is areas (approximately 20 feet by 20 feet) to allow for refuse container storage. The proposed setbacks are consistent with the purpose and intent of the RM district and the deviations are allowed with an approved Planned Development Permit. Setbacks ensure adequate light and air between structures. The proposed 13 -foot setback is adequate and compatible with surrounding uses. The increased building height is allowed with an approved Planned Development Permit if certain findings can be made. See Facts in support of Findings R -X in support of the increased building height. 5. The proposed project includes a 15 -foot landscaped setback at the front property line with an additional 10 -foot setback or greater to the buildings, site walls and landscaping along the side and rear property lines, and adequate setbacks between structures and from the property lines. The proposed height is compatible with the 03-03-2015 11-46 PA2014-110 Planning Commission Resolution No. 1990 Page 9 of 29 single-, two-, and three-story multiple -unit residential, industrial, medical, and commercial uses in the general neighborhood. The property to the north, within the city of Costa Mesa, is in an area which allows live/work units up to 60 feet in height. The nearest existing structure to the north is more than 30 feet from the property line. The property to the southwest is an apartment development facing Placentia Avenue and is two stories with sloped roofs and heights estimated at 28 feet. The structures on abutting properties to the south are between 15 and 25 feet away from the property line. Within 400 feet of the southerly property line and 250 feet of the easterly property line there are four-story medical office buildings exceeding 38 feet in height. 6. The structures are designed to be energy efficient and will allow for the future installation of photovoltaic solar panels. Finding: M. The project would produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations. Facts in Support of Finding: The proposed project provides increased open space compared to the minimum required by the Zoning Code, additional landscaped areas, and recreational amenities including a pool and spa, lounge areas, seating and gathering areas, shade structures, and an outdoor kitchen area. The proposed project will provide quality building design through complementary materials, building articulation and modulation, and varied roof planes to provide increased visual interest. The applicant describes the proposed design as contemporary coastal architecture with clean sleek design lines. The materials will include a combination of carefully detailed wood -like siding, stucco, and metal/steel elements. The colors of the materials will include white, beige, and brown, with red, blue, green, and grey accent colors. Any stucco on the building will have a smooth finish. The reduction in side setbacks by two feet allows for increased separation between buildings, walkways, landscaping, and an efficient vehicular access design with the private streets. 2. The increased height allows for additional private open space on roof decks above three-story structures. The total gross floor area for all units is significantly below what is allowed for the site, and the vertical design allows for significant building separation and open space throughout the site. The added height also allows for taller floor to ceiling heights common in today's housing market providing better livability within the larger rooms provided. Finding: N. The subject site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development. 03-03-2015 11-47 PA2014-110 Planning Commission Resolution No. 1990 Pacie 10 of 29 Facts in Su ort of Findin 1. The subject property is 4.7 acres, rectangular in shape, and has a slope of less than 20 percent, which is adequate to accommodate the proposed 81 detached dwelling units, private streets, open space, and landscaping within the minimum and maximum density allowed by the Zoning Code and General Plan. Finding: O. The project, as conditioned, will not have a substantial adverse effect on surrounding properties or allowed uses. Facts in Support of Finding: 1. The proposed project provides adequate separation from structures to adjacent properties. The recreational area is located towards the center of the property, which will reduce any potential noise or odor impacts to the neighborhood. 2. The conditions of approval will ensure compliance with applicable rules and regulations, reduce potential lighting glare impacts, and ensure maintenance of landscaping. Finding: F The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, public all, recreational amenities for adults and/or children, private or separated entrances, sustainable improvement standards (e.g., energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation; water and resource conservation), etc. Facts in_Sugport of Finding: The site design includes a mix of east -west and north -south oriented buildings that provide variety of structure placement to promote visual interest. The proposed dwelling units each have a separate entrance. The units range in size between 2,170 and 2,572 square feet of gross floor area. Private open space is provided for each unit by back yards, second floor decks, and roof decks. The total private open space per unit varies for each plan type and unit, but each unit significantly exceeds the minimum requirement. The back yards are approximately 300 square feet. The second floor decks range from 45 to 172 square feet and the roof, decks range from 393 to 846 square feet. Each unit includes a 2 -car garage and 44 guest parking spaces are provided throughout the site. 03-03-2015 11-48 PA2014-110 Planning Commission Resolution No. 1990 Page 11 of 29 2. A recreational area is provided for the residents for use by both adults and children, including a pool/spa, restroom, seating and lounge areas, a barbeque, entertainment counter, wood deck areas, turf area, enhanced paving, short-term bicycle parking, and landscaping. Landscaping is proposed throughout the site, with significant plantings along the front and side property lines, at the project entrance, and in the recreational area. 3 The proposed design includes several complementary materials, building articulation and modulation, and varied roof planes to provide increased visual interest. The applicant describes the proposed design as contemporary coastal architecture with clean sleek design lines. The materials will include a combination of carefully detailed wood -like siding, stucco, and metal/steel elements. The structures are designed to be energy efficient and compatible with future installation of photovoltaic solar panels. A minimum of 70 percent of the landscaping will be drought tolerant with low water demands. Finding Q. The design, location, operating characteristics, and size of the project would be compatible with the existing and future uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. Facts in Support of Finding: 1. The project is located in the RM Zoning District in the West Newport Mesa area and is compatible with the existing and allowed uses in the area including multiple -unit residential, industrial, medical, and commercial uses. The project meets the minimum and maximum density standards of the Zoning Code and General Plan. The maximum floor area allowed pursuant to Section 20.18.030, Table 2-3 is 336,682 square feet, and the proposed project includes a total of 191,100 square feet. 2. The use will remain residential and the operational characteristics will not change remarkably as a result of the proposed project; and the use will remain compatible with the allowed multiple -unit residential, industrial, medical, and commercial uses in the vicinity. 3. The proposed subdivision provides a driveway aligned with Production Place, which will promote safe and convenient vehicle entry. 4. The proposed design as shown in architectural drawings includes several complementary materials, building articulation and modulation, and varied roof planes to provide visual interest. The applicant describes the proposed design as contemporary coastal architecture with clean sleek design lines. The materials will include a combination of carefully detailed wood -like siding for enhanced durability, stucco, and metal/steel elements with several materials used on each elevation to provide visual interest. With the quality design, proposed setbacks, landscaping, open space, and the total floor area significantly below the allowed gross floor area, the 03-03-2015 11-49 PA2014-110 Planning Commission Resolution No, 1990 Paae 12 of 29 proposed project with parapet heights at up to 38 feet is compatible with the existing and future uses in the area. 5. The subject property is not located at or near a public view point or corridor as identified in the General Plan Figure NR3 (Coastal Views). Height In accordance with Section 20.30.060 (Height Limits and Exceptions) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: R. The project applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities include, but are not limited to: L Additional landscaped open space; ii. Increased setback and open areas; iil. Enhancement and protection of public views. Facts in Su ort of Finding: Pursuant to Section 20.18.030, multiple -unit residential projects are required to provide 75 square feet per unit of common open space and 5 percent of the gross floor area for each unit of private open space; the proposed project exceeds both requirements. The common open space is provided in the recreational area towards the center of the property and provides over 3,000 square feet above the minimum requirement. Landscaping is proposed throughout the site, with significant plantings along the front and side property lines, at the project entrance, and in the common recreational area. Walkways and additional landscaping are also provided along the private streets. The back yards are fenced in for each unit providing private open space and these yards will be landscaped. 2. The required front setback along Placentia Avenue is 20 feet. A 6 -foot high subdivision wall is located 15 feet from the front property line with landscaping between the wall and public sidewalk. The proposed front setback includes a 15 -foot landscape setback and an additional 10 -foot or greater setback to the buildings that is provided as a rear yard to the units along Placentia Avenue. The proposed residential units are three stories with a roof deck. The roof decks provide additional private open space beyond the minimum code requirements and allow residents enjoy panoramic views, including views of the Pacific Ocean. The recreational area, walkways, private streets, guest parking, and setbacks between structures provide increased setback and open areas throughout the property. 3. The increased building height allows for 9- and 10 -foot ceiling plate heights that are common in today's housing market and is a desirable amenity. The higher ceilings 03-03-2015 11-50 PA2014-110 Planning Commission Resolution No. 1990 Paae 13 of 29 increase natural light within the buildings, improve the livability, and make the larger rooms more proportional. 4. The subject property is not located at or near a public view point or corridor as identified in the General Plan Figure NR3 (Coastal Views). However, the enhanced landscaping and 25 -foot front setback to the primary structures improve the view of the site from Placentia Avenue. Findin S. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes. Facts in Support of Finding: The proposed design as shown in architectural drawings includes several complementary materials, building articulation and modulation, and varied roof planes to provide visual interest. The applicant describes the proposed design as contemporary coastal architecture with clean sleek design lines. The materials will include a combination of carefully detailed wood -like siding for enhanced durability, stucco, and metal/steel elements with several materials used on each elevation to provide visual interest. Findin : T. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provides a gradual transition to taller or shorter structures on abutting properties. Facts in Support of Finding: The increased height will not result in undesirable or abrupt scale changes between the proposed structure and existing adjacent development due to the large distance between the proposed buildings and the buildings in the vicinity. The project site is surrounded by multiple -unit residential, industrial, medical, and commercial buildings that include three story buildings. A minimum 25 -foot setback is -provided from the front property line along Placentia Avenue to the structures. The property to the north within the city of Costa Mesa is in an area targeting live/work units and that are allowed to be up to 60 feet in height. The property to the southwest is an apartment development facing Placentia Avenue and is two stories with sloped roofs and heights estimated at 28 feet. Within 400 feet of the southerly property line and 250 feet of the easterly property line there are four-story medical office buildings exceeding 38 feet in height. 03-03-2015 11-51 PA2014-110 Planning Commission Resolution No. 1990 Page 14 of 29 Finding: U. The structure will have no more floor area than could have been achieved without the approval of the height increase. Facts in Support of Finding: 1. The maximum floor area allowed pursuant to Section 20.18.030, Table 2-3 is 336,682 Square feet. The proposed project includes a total of 191,100 square feet; therefore, the proposed project will have no more floor area than could have been achieved without the approved building height increase. In accordance with Section 20.28.060 (Height Overlay District) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: V. The proposed project provides increased building setbacks from public streets and property lines above code requirements. Facts in SuIpport of Finding: A minimum 20 -foot front setback is required from the front property line along Placentia Avenue. Because the project includes a subdivision application, a minimum front setback of 25 feet that includes a 15 -foot landscape setback is provided. The proposed project includes a subdivision wall located 15 feet from the front property line, which improves the public streetscape along Placentia Avenue. 2. Adequate separation is provided within the project site between dwelling units and a 13 -foot setback is proposed from the side property lines. The proposed layout improves the views through the property along the side and rear property lines. Finding_ W. The proposed project provides project enhancements and on-site recreational amenities for the residents above code requirements. Facts in SuRport of Finding: Walkways and landscaping are provided throughout the site as project enhancements affording residents the ability to walk to the common recreational area without needing to walk exclusively in the driveways. 2. The common open space required is 75 square feet per unit (6,075 square feet total), and the proposed project provides 9,061 square feet, exceeding the requirement by approximately 3,000 square feet. The common open space is provided as a recreational area that contains a pool/spa, restroom, seating and lounge areas, a 03-03-2015 11-52 PA2014-110 Planning Commission Resolution No. 1990 Page 15 of 29 barbeque, entertainment counter, wood deck areas, turf area, enhanced paving, short- term bicycle parking, and landscaping. Specific recreational amenities are not required by the Zoning Code for the common open space and are proposed as an amenity to the residents. Fin_ ding: X. The proposed project provides quality architecture and quality materials. Facts in Sip ort of Finding: The building elevations include variation in the vertical plane, several different materials, articulation and modulation, and quality architectural treatment. The colors of the materials will include white, beige, and brown, with red, blue, green, and grey accent colors. Any stucco on the building will have a smooth finish. 2. The conditions of approval will include requirements for lighting and building upkeep to ensure the quality of the architecture remains intact. In accordance with Chapter 15.40 (Traffic Phasing Ordinance) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: Y. That a traffic study for the project has been prepared in compliance with this chapter [15.401 and Appendix A. Facts in Support of Finding: 1. A traffic study, for the proposed project dated April 17, 2015, was prepared by DKS Associates under the supervision of the City Traffic Engineer for the project in compliance with Municipal Code Chapter 15.40 (Traffic Phasing Ordinance) and Appendix A. Findinc;: Z. That, based on the weight of the evidence in the administrative -record, including the traffic study, one of the findings for approval in subsection (8) can be made: Facts in Su ort of Finding: 1. Construction of the project is anticipated to be completed in 2018, within 60 months. If the project is not completed within 60 months of this approval, preparation of a new traffic study would be required. 2. The traffic study included 12 study intersections that were analyzed for potential impacts based on the City's Intersection Capacity Utilization ("ICU") analysis and 03-03-2015 11-53 PA2014-110 Planning Commission Resolution No. 1990 Paae 16 of 29 Highway Capacity Manual ("HCM") analysis. Utilizing the ICU and HCM analyses, the traffic study determined that the 12 primary intersections identified will continue to operate at satisfactory levels of service as defined by the Traffic Phasing Ordinance. Finding: AA. That the project proponent has agreed to make or fund the improvements, or make the contributions, that are necessary to make the findings for approval and to comply with ail conditions of approval. Facts in Support of Finding: No improvements or mitigation is necessary because implementation of the proposed project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach. 03-03-2015 11-54 PA2014-110 Planning Commission Resolution No, 1990 Page 17 of 29 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby adopts Mitigated Negative Declaration No. ND2015-002 as depicted in Exhibit "A" and the Mitigation Monitoring and Reporting Program as depicted in Exhibit "B" of this resolution, 2. The Planning Commission of the City of Newport Beach hereby approves Tentative Tract Map No. NT2014-002, Planned Development Permit No. PL2015-001, and Traffic Study No. TS2014-007, subject to the conditions set forth in Exhibit "C", which is attached hereto and incorporated by reference. 3. The Mitigated Negative Declaration, Planned Development, and Traffic Study actions shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 4. The Tentative Parcel Map action shall become final and effective 10 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF AUGUST, 2015. AYES: NOES: ABSTAIN: 03-03-2015 11-55 PA2014-110 Planning Commission Resolution No. 1990 Paae 18 of 29 EXHIBIT "A' Initial Study/Mitigated Negative Declaration SCH No. 2015071007 (Available separate due to document size) http://www.newportbeachca.-gov/cegadocuments 03-03-2015 11-56 PA2014-110 Planning Commission Resolution No. 1990 Pape 19 of 29 EXHIBIT "B" Mitigation Monitoring Report Program 03-03-2015 11-57 PA2014-110 Mitigation Monitoring and Reporting Program for the Ebb Tide Residential Project Newport Beach, California Prepared for.- City or: City of Newport Beach Community Development Department, Planning Division 100 Civic Center Drive Newport Beach, CA 92658 949.644.3200 Contact: Fern Nueno, AICP, Associate Planner Prepared by: ABCOM 999 Town and Country Road Orange, CA 92868 714.567.2400 August 6, 2015 11-58 PA2014-110 Table 1: City of Newport Beach —Ebb Tide Residential Project (PA2014-110) — Mitigation Monitoring and Reporting Program Mitigation Moasore - Section 4.3 - Air Quality AQ -1. Residential Disclosure. The Applicant/Seller shall provide disclosure notice to initial home buyers/residents only clearly outlining the issues associated with living in a mixed-use environment that includes industrial/manufacturing uses. The language for this disclosure shall be specified by the Community Development Director. Copies of each signed disclosure shall be made available for review upon written request of the City. AQ -2. Prior to occupancy of the first residential unit, the Project Applicant shall provide evidence to the City that incremental cancer risk levels associated with operation of the existing metal finishing facility at 829 Production Place do not exceed the SCAQMD recommended cancer risk threshold of 10 in one million (1.0E-05) at the Project Site. In the event that the risk threshold is not met, the Project Applicant shall install Minimum Efficiency Reporting Value (MERV) filters rated 14 or better with the ventilation systems at all residential units and inform property owners of subsequent maintenance and replacement schedules per filter specifications. Ebb Tide MMRP (PA2014-110) Page 2 Varification•of -- TImIng. Af Cam lotion .. Raspansible AgencylPartyp - .' IntplQrnanlution .- .. lniRi�l Prior to Project Applicant in occupancy coordination with Community Development Director or designee Prior to I Project Applicant in occupancy I coordination with Community Development Director or designee 11-59 PA2014-110 Tlming of i Cern. le flllitigatiort Measure Implementation Res pansibfc kgencylParty P - . - •' --- --_..- _ Yate Section 4.5 — Cultural Resources CUL -1. In the event that archaeological resources are During City's Project Manager encountered during grading and construction, all construction (Community Development construction activities shall be temporarily halted or Department) in redirected to permit the sampling, identification, and coordination with evaluation of archaeological materials as determined by Project Construction the City, who shall establish, in cooperation with the Contractor project applicant and a certified archaeologist, the appropriate procedures for exploration and/or salvage of the artifacts. CUL -2. In the event that paleontological resources are encountered during grading and construction operations, all construction activities shall be temporarily halted or redirected to permit a qualified paleontologist to assess the find for significance and, if necessary, develop a paleontological resources impact mitigation plan (PRIMP) for the review and approval by the City prior to resuming excavation activities. Section 4.8 —Hazards and Hazardous Materials HAZ-1. Prior to demolition activities, a Soil Management Plan (SMP) shall be prepared to address the removal of the stormwater sump in the northern portion of the property and any impacted soil that may be encountered during excavation and grading. As part of the plan, the sump should be removed and disposed in accordance with local and state regulations. Ebb Tide MMRP (PA2014110) Page 3 During City's Project Manager construction (Community Development Department) in coordination with Project Construction Contractor Prior to Project Construction demolition Contractor in coordination with City's Project Manager (Community Development Department) 11-60 PA2014-110 Uning of C MitlyatianMeasure 1 i .hnplearania[snn ResponsihlrAyencyll'arty?�,� §4t5Yr Project Construction HAZ-2. During grubbing and grading operations, a During qualified environmental professional should be on-site construction Contractor in coordination to identify issues that may arise. The SMP shall be with used as guidance during this task. City's Project Manager (Community Development Department) HAZ-3. Preventative barriers and venting systems During Project Construction r shall be installed beneath each structure. The venting construction Contractor in coordination r system shall be capable of conversion to an active with City's Project system should monitoring results dictate. Manager (Community Development Department) HAZ-4.Utilitytrench dams shall be installed in all utility During Project Construction trenches that extend beneath the building foundations. construction Contractor in coordination with City's Project Manager (Community Development Department) HAZ-6. Priorto Project completion, an operation and I Prior to Project Applicant in ! maintenance plan (O&M) shall be prepared for the occupancy coordination with City's Project site that includes protocols for monitoring, data Project Manager acquisition, performance evaluation, and reporting (Community Development activities associated with the mitigation program. A firm Department) and contractor experienced in the design and installation of vapor mitigation measures shall be employed. Selection, design, construction, operation and monitoring of these mitigation measures shall be in accordance with DTSC vapor intrusion guidance documents. Ebb Tide MMRP (PA2014-110) Page 4 11-61 PA2014-110 Mitigation Measura - HAZ-6. During construction, stormwater runoff shall be Timing of .fmpiementatlan During 4I ' Responsible Agency/Party - I Project Construction Coni t3atu permanently controlled to prevent runoff from adjoining construction Contractor in coordination properties entering the Project site. with City's Project Manager (Community Development Department) During Project Construction HAZ-7. Visual inspections for areas of impact to soil shall be conducted during site grading. If unknown or construction Contractor in coordination suspect materials are discovered during construction by with City's Project the contractor that are believed to involve hazardous Manager/City Engineer wastes or materials, the contractor sh • Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; • Notify the City Engineer and Newport Beach Fire Department; • Secure the area(s) in question; and • Implement required corrective actions, including remediation if applicable. Ebb Tide Page 5 11-62 PA2014-110 Planning Commission Resolution No. 1990 Page 25 of 29 EXHIBIT "C" CONDITIONS OF APPROVAL The development shall be in substantial conformance with the approved site plan, floor plans, building elevations, and photographic simulations stamped and dated with the date of this approval, except as modified by applicable conditions of approval. Future additions, including enclosing decks, are prohibited. Major changes in building color, materials, or architecture require approval by the Community Development Director. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. A copy of the Resolution, including conditions of approval Exhibit "C" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 5. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 6. 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. 7. 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. S. The fair share traffic contribution in effect at the time of building permit issuance shall be paid in accordance with the Municipal Code. 9, Prior to the recordation of the Tract Map, park dedication fees shall be paid consistent with the fee amount in effect at the time of payment as established by the City of Newport Beach Municipal Code. 10. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintalned in a healthy and growing condition consistent with the Municipal Code 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, 03-03-2015 11-63 PA2014-110 Planning Commission Resolution No. 1990 Pace 26 of 29 replacements, repairs, and cleaning as part of regular maintenance. A minimum of 70 percent of the landscaping shall be drought tolerant with low water demands. 11. The private open space provided as back yards shall include landscaping. 12. 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. Prior to the issuance of building permits, the applicant shall demonstrate that sound within bedrooms will be attenuated to meet City interior noise standards. 13. Gated vehicular access to the site shall be prohibited due to the design of the subdivision entry driveway that would not provide for an appropriate and safe vehicle turnaround in advance of the gate. 14. Building materials shall be high quality, durable, authentic to the architectural style, and applied in a quality fashion. Any stucco on the building shall have a smooth finish. The expansion joints shall be properly located and constructed in a manner to prevent and minimize damage to the stucco to the satisfaction of the Community Development Director. 15. Lighting shall provide ambiance, safety, and security, without unnecessary spillover or glare. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America. 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. 16. Building owners and tenants shall keep the building exteriors and facades clean and in good repair. 17. A Tract Map shall be recorded for this development. The Tract Map shall be reviewed and approved by City Council. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 18. Prior to recordation of the tract map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot. Corner unless otherwise approved by the Public Works Department. Monuments shall be protected in place if installed prior to completion of construction project. 03-03-2015 11-64 PA2014-110 Planning Commission Resolution No. 1990 Page 27 of 29 19. All improvements shall be constructed as required by Ordinance and the Public Works Department. 20. An encroachment permit shall be required for all work activities within the public right- of-way, An encroachment agreement shall be required for any private improvements installed within the public right-of-way. 21, Proposed streets in this development shall be privately maintained streets. Proposed streets shall have no parking on both sides of the street. 22. The entry street to the development shall align with Production Place. 23. The existing damaged concrete curb, gutter, and sidewalk along the Placentia Avenue frontage shall be removed and replaced per City Standards. 24. The existing driveway approaches on Placentia Avenue not used as a part of this development shall be removed and replaced with new curb, gutter, and sidewalk per City Standards. 25. New curb access ramps shall be installed at the intersection of the new entry street and Placentia Avenue per City Standards. 26. All existing overhead utilities on-site shall be undergrounded. 27. A drainage study shall be prepared to determine if existing storm drain lines at Placentia Avenue and 15th Street can handle the drainage collected in the proposed storm drain line on Placentia Avenue. 28. Proposed storm drain line design within Placentia Avenue shall be reviewed and approved by the Public Works Department. This storm drain line shall be constructed per City Standards. 29. Improvement plans for the proposed private storm drain system on site shall be reviewed and approved by the Public Works Department. The private on-site system shall be privately maintained. 30. A sewer demand study shall be prepared to determine if the existing sewer main on Placentia Avenue will be able to handle the sewage flows from the proposed development. 31. Improvement plans for the proposed private sanitary sewer system on site shall be reviewed and approved by the Public Works Department. The private sewer system on-site shall be privately maintained. 32. A sewer manhole shall be placed at the property line on the new sewer main to the development to delineate the public sewer main from the private sewer main. 03-03-2015 11-65 PA2014-110 Planning Commission Resolution No. 1990 Page 28 of 29 33. Each unit shall be served by its own individual water service/meter and sewer Iateral and cleanout. 34. Water service shall be provided by the Mesa Water District. All proposed water system improvements for this development shall conform to their standards. 35. All existing sewer laterals on Placentia Avenue not used by this development shall be capped at the property line. 36. All improvements shall comply with the City's sight distance requirement per City Standard 110-L. 37. Easements for public utilities and for public emergency ingress/egress shall be granted to the City. 38. Proposed guest parking spaces shall conform to City Standard #805-L-A&B. 39. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 40. A geological study from a state -licensed and department approved individual or firm shall be required due to the proximately of the proposed project to a metal finishing facility. C.F.C. Sec. 319.2 N.B.F.D. Amendment. 41. No person shall use or store any amount of extremely Hazardous substances (EHS) equal to or greater than the disclosable amounts as listed in Appendix A part 355, Title 40, of the code of Federal Regulations in a residential zone or adjacent to property development with residential uses, unless approved mitigation measures are implemented and maintained as required by the fire code official. C.F.C. Sec. 5004.1.1 N.B.F.D. Amendment. 42. 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 Ebb Tide Residential Project including, but not limited to, the Tentative Tract Map No. NT2014-002, Planned Development Permit No. PL2015-001, Traffic Study No. TS2014-007, and Mitigated Negative Declaration No. ND2015-002. 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 03-03-2015 11-66 PA2014-110 Planning Commission Resolution No. 1990 Paae 29 of 29 shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 43. The building elevations facing Placentia Avenue shall include enhanced architectural elements similar to the front elevations facing the interior private streets. 44. The block wall along Placentia Avenue shall include enhanced designs with stucco, pilasters, vines, or other design elements to improve the view from the public realm to the satisfaction of the Community Development Director. 45. The covenants, conditions, and restrictions (CC&Rs) shall prohibit resident parking in guest parking spaces. The CC&Rs shall require that garages be used for vehicles and not for storage of personal items that would otherwise impede storage of vehicles within the garages. 46. The applicant shall notify homeowners of the requirement to maintain and replace the filters, and importance of having the filters due to the proximity of the Hixson Metal Plating facility and ongoing air quality concerns. 47. The final landscape plan shall be in compliance with the West Newport Mesa Streetscape Master Plan. In the event that the Master Plan is not adopted prior to building permit issuance for the project, the final landscape plan shall be reviewed and approved by the Planning Commission. 03-03-2016 11-67