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