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14 - Final Tract Map No. 18108 for a Mixed -Use Condominium Development Located at 410 and 412 29th Street
PORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN November 19, 2019 Agenda Item No. 14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Rodi Almendralo, Civil Engineer, ralmendralo@newportbeachca.gov PHONE: 949-644-3334 TITLE: Final Tract Map No. 18108 for a Mixed -Use Condominium Development Located at 410 and 412 29th Street ABSTRACT: Staff requests City Council consider approval of Final Tract Map No. 18108 for Condominium Purposes for a mixed-use development located at 410 and 412 29th Street. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Review and approve the Subdivision Agreement for Final Tract Map No. 18108 pursuant to Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute the Subdivision Agreement; c) Review and approve the required construction securities for Final Tract No. 18108 pursuant to Section 19.36.030 of the Municipal Code, and authorize the Public Works Director to execute and release securities; and d) Review and approve Final Tract Map No. 18108 located at 410 and 412 29th Street pursuant to Section 19.60.010 of the Municipal Code. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Cannery House, LP, a California limited partnership (Property Owner) is proposing a mixed-use condominium development located at 410 and 412 29th Street. This development consists of one retail/office-residential unit and three (3) residential dwelling units on approximately 0.18 acres of land in the Cannery Row area. 14-1 Final Tract Map No. 18108 for a Mixed -Use Condominium Development Located at 410 and 412 29th Street November 19, 2019 Page 2 Tentative Tract Map No. 18108 (City Tentative Tract Map No. NT2017-021) for the proposed development was approved by the Planning Commission on July 20, 2017 (Planning Commission Resolution No. 2063) (Attachment D). The applicant submitted Final Tract Map No. 18108 for review to the Public Works Department on April 2, 2019 for approval and filing in order to construct the proposed mixed-use condominium development (Attachment B). 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 mixed-use condominium development. Per Section 19.60.010 of the Municipal Code, the City Council shall review Final Tract maps. Final Tract Map No. 18108 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: Planning Commission Resolution No. 2063 for this development has determined that the project is categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 32 (Infill Development Projects). The action of approving the final tract map will not be subject to the CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 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 No. 18108 Attachment C — Subdivision Agreement and Surety Bonds Attachment D — Planning Commission Resolution No. 2063 14-2 Attachmen A z Jp— PEP 14�LYllo, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 11/19/19 14-3 SHEET 1 OF 2 SHEET I, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. I HEREBY DEDICATE TO THE PUBLIC FOR STREET PURPOSES, 29TH STREET AS SHOWN ON THIS MAP. OWNERS: CANNERY SAIL HOUSE, LP, A CALFORNIA LIMITED PARTNERSHIP BY: BERK CUSTOM HOMES, INC., A CALIFORNIA CORPORATION, ITS GENERAL PARTNER BY:._� NAME: DAVID DAVUTO PRESIDENT NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS kTTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA) ) S.S. COUNTY rOF ORANGE ) ON [J �l BEFORE ME, I PERSONALLY APPEARED �GLV1� TV Attachment B ACCEPTED AND FILED A T THE REQUESTOF FIRS T A MERIC, 4 N T1 TLECOIMIPANY DA TE. - TIME.- FEE-$ INS T4UA4ENT NO. BOOK PAGE HUGH NGUYEN COUNTY CLERK -RECORDER BY - DEPUTY THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF DAVID DAVU (OLGU, IN APRIL 2018. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY.THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN NINETY (90) DAYS AFTER MAP RECORDATION; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAF', IF ANY. L ((-r N iPAUL D. CRAP T, P.L.S. 8516 DATEa. 8516 OF (;AL1 COUNTY SURVEYOR'S STA -TE ENT: I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DATED THIS DAY OF 2019. CL O A NOTARY PUBLIC, KEVIN R. HILLS, COUNTY SURVEYOR } L.S 6617 BY: LILY M. N. SANDBERG, DEPUTY COUNTY SURVEYOR P.L.S. 8402 WHO PROVED TO ME ON THE BASIS OF SATI SFA.CTORY EVIDENCE TO BE THE PERSONt(S)- WHOSE NAME.() IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE4�;I=Y EXECUTED THE SAME IN HI S/HF=R,Tk•€EIRAUTHORIZED CAPACITY(lE'&}-, AND THAT BY HIS/HERFTHEIR-SIGNATURE�S) 9N THE INSTRUMENT THE PERSON(a), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(a)-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 CHARLIE CHO W]TNESS/IY/ IAIVLJ: ' Notary Public -California z w'' , eY Orange County t Commission # 2255353 My Comm. Expires Sep 18, 2022 SIGNATURE MY PRINCIPAL PI ACE'OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN Qra;'L'�e- COUNTY MY COMMISSION EXPIRES SES- (NAME PRINTED) GOLDIMAN SACH S BANK USA, A NEW YORK CHARTERED BANK, BENEFICIARY UNDER DEEDS OF TRUST RECORDED OCTOBER 31, 2018 AS INSTRUMENT NO. 2018000395713 & INSTRUMENT NO. 201£1000395714, BOTH OF OFFICIAL RECORDS. BY: BY (PRINW44AME) : ✓1 vv h .� TITLE., NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE DENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS kTTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA) Lnr,A"5, I e - c) S.S. COUNTY OF OftANCE ) ON d &Z-1 o ZI 9 BEFORE ME, Ooipim mC.Ne6o' A NOTARY PUBLIC, PERSONALLY APPEARED ✓U•n�G c.-, WHO PROVED TO 1111E ON THE BASIS OF SATISFACTORY EVIDENCE TO BE -THE PER SONG WHOSE NAME(/SE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED -TO ME THAT 2/-TH€Y EXECUTED THE SAME IN i SkIEP/TI-OR AUTHORIZED CAPACI TY(IE-S), AND THAT BY 411:V ITI-EP SIGNATURE:(8tON THE INSTRUMENT -THE PERSON( eR THE ENTITY UPON BEHALF OF WHICH THE PERSON(M 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. W1TNESS MY HAND: SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS N P BLIC IN AND FOR SAID STATE IN LOS Pnpte.IeF, COUNTY SWA-A MC.Neey3' .-_. _ MY COMMISSION EXPIRES JU►1 24 2021 (NAME PRINTED) 7 5A#,h MCivEELA 4 Notary Public -California _ Los Angeles County i Commission # 2207330 My Comm. Expiies cul 27, 2021 CITYENGINEER'S STATEMENT- I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP, IF REQUIRED, AS FILED WITH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH. THIS STATEMENT WILL BE EFFECTIVE ON THE DATE UPON WHICH THE COUNTY OF ORANGE APPROVES THE MAP AS TECHNICALLY CORRECT. DATED THIS DAY OF 2019 MICHAEL J. SINACORI ACTINGS CITY ENGINEER CITY OF NEWPORT BEACH R.C.E. ##46214 EXPIRES. 12/31/20 STATE OF CALIFORNIA gOFESS/pn /40 r2rNo. 1 Z OF CAO ) SS COUNTY OF ORANGE ) I HEREBY CERTIFY THAT A6CORD€NG TO THE RECORDS OF MY OFFICE, THERE ARE NO LIENS AGAINST THE LANG] COVERED BY THIS MAP OR ANY FART THEREOF FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSES; MI :NTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE THE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. DATED THIS DAY OF SHARI L. FREIDENRICH COUNTY TREASURER -TAY COLLECTOR 2019. BY TREASURER-TA,X COLLECTOR. THE PURPOSE OF THIS MAP IS TO CREATE TWO LOTS FROM THREE EXISTING LOTS FOR CONDOMINIUM PURPOSES. PURSUANT TO THE PROVISIONS OF SECTION 66411.1 OF THE SUBDIVISION MAP ACT, NOTICE IS HEREBY GIVEN THAT THE FOLLOWING IMPROVEMENTS ARE REQUIRED -TO BE CONSTRUCTED: EACH DWELLING UNIT SHALL BE SERVED WITH INDIVIDUAL WATER, SEWER, GAS, AND ELECTRIC CONNECTIONS. OVERHEAD UTILITIES SERVING THE SITE SHALL BE UNDERGROUNDED TO THE NEAREST APPROPRIATE POLE. ACCEPTANCE CER TI ICAT : PURSUANT TO THE PROVISIONS OF RESOLUTION NO. 92-82 APPROVED JULY 27, 1992, OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, I, GRACE K. LEUNG, CITY MANAGER OF THE CITY OF NEWPORT BEACH, HEREBY REQUEST RECORDATION OF THIS PARCEL MAP AND ALSO ACCEPT ON BEHALF OF THE PUBLIC THE DEDICATION FOR STREET PURPOSES OF: 29TH STREET DATED THIS �.._.. DAY OF 20.19 GRACE K. LEUNG, CITY MANAGER OF THE CITY OF NEWPORT REACH SHEET 2 O 2SHEETS ,g SCALE: 9 e"=20' MONUMENT NOTES: ts -AO8 TRACT NO. 1"'I f FOR CONDOMINIUM PURPOSES. PAUL D CRAFT, P.L. S. 8516 •- APEX LA D SURVEYING, INC. —APRIL 2176 - INDICATES FOUND MONUMENT A5 NOTED. - INDICATES FOUND O.C.S. G.P.S. HORIZONTAL CONTROL STATION MONUMENT PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. . Q - INDICATES SET LEAD, TACK AND TAG STAMPED "P.L.S. 8516", OR 1" IRON PIPE WITH TAG STAMPED "PLS 6516" OR SPIKE & WASHER STAMPED "PLS. 8516. 1 -FOUND GEAR SPIKE & WASHER STAMPED "PLS 6516" PER R4, FLUSH. 20 -FOUND TAG IN EPDXY STAMPED "LS 4653" PER R3 & R5, N29"48'46"E 0.32' (.09'R3,R5). @--FOUND TAG IN EPDXY STAMPED "LS 4653" PER R5, ACCEPTED AS N62"56'46"E 0.11' FROM PROP. COR. ON PL PROD, -FOUND 1" IRON PIPE WITH PLASTIC CAP STAMPED "LS 465.3" PER R3, ACCENTED AS PROP. COR., FLUSH. 0 --FOUND LEAD, TACK & TAG STAMPED "L5 4955" PER R3 & R5. �� -FOUND LEAD, TACK & TAG STAMPED "LS 4955" PER R3 & R5., 541"36'44"W 5.52' (5.54'R3) FROM CL INT. �07 -FOUND LEAD, TACK & TAG STAMPED "LS 4955" PER R3 & R4. BASIS—OF BEARING& THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETAS -EN ORANGE COUNTY SURVEYOR'S HORIZONTAL CONTROL STATIONS G.P.S. NO. 630182 AND G.P.S. NO. 6287R3, BEING N3543'51 "W PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. 29 TH STREET N89' 0'31"W 129.:40' M8eR3 (129.2WDI,R2)(129.29'R4) — �" SEE DETAIL "' N.T.S. 8 9 29TH S IREET AS \ DEDICATED HEREON .,� � � f 2` �DATUM STATEMENT: J 1189°50'31°W 101.18' 101.17'R1,R2 THE COORDINATES SHOWN HEREON ARE BASED ON THE CALIFORNIA 95.08' �c COORDINATE SYSTEM (CCS83) ZONE VI, NAD 1983 (2007,00 EPOCH, %/ O.C.S. G.P.S. ADJUSTMENT). ALL DISTANCES SHOWN HEREON ARE _ GROUND UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCE \ MULTIPLY GROUND DISTANCE BY 0.99997132, MEAN VALUE. \ NET: 2,445 SQ. FT. 0.056 AC. C2 gyp. GROSS: 2,452 SQ. FT. 0.056 AC.-caSU d �✓ _ VES I ° Qc���� s` THERE ARE NO CONFLICTS WITH EXISTING VISIBLE Qs fir' \ IMPROVEMENTS AND THE EXTERIOR BOUNDARY LINE (DIT1h1CT1VE BORDER) OF THIS MAP AS ESTABLISHED HEREON. �c, �� o �A� d / _ ESTABLISHMENT NET: 5,241 SQ. FT. 0.120 AC. � 2��� \ ;np ' A SFN, ESTABLISHED BY PRORATION PER R1. \ GROSS: 5,241 SQ. FT. 0.120 AC. 1 oci ��® \� �V ARC TABLE. No. DELTA RADIUS LENGTH TANGENT C1 A=62°44'51 " 10.00' 10.95' 6.10' 02 0=11 °34'53" 1 O.00' 1 2.02' 1.01' C3 -51°09'58" 10.00' 8.93' 4.79' ' d Ir OCS GPS STATION #628783 �� N 2172582.48 \ E 6048607.93Ilk \ FOUND GEAR SPIKE & WASHER u �� \ STAMPED "LS 5662" PER \ CR 2.017-0244, FLUSH. \sem toll 404 ��A\ l \ \ �� 41 \ L�Q�I 714 U v Q) v Ay Y_ ns OCS GPS STATION #6301 R2Vxl � N 2170302.20 \ -� E 6050248.34 \ FOUND GEAR SPIKE WITH TAG � r� �'� � �°o \ STAMPED "6965" PER � mss\ CR 2011-1098 & RSB 150/10-23, .FLUSH. R1 OR () -INDICATES RECORD OR CALC'D FROM RECORD DATA PER 11-iE i LANCASTER'S ADDITION TO NEWPORT BEACH MAP, M.M. 5/14, UNLESS ` � NOTED OTHERWISE. R2 -INDICATES RECORD OR CALC'D FROM RECORD DATA PER PM NO. �— 83--733, P.A.B. 191/37-38. 07 R3 --INDICATES RECORD OR CALCD FROM RECORD DATA PER IRS NO. 2016-1234, R.J.B. 293/28. R4 -INDICATES RECORD OR CALC'D .FROM RECORD DATA PER UNRECORDED PM NO. 2015--145. R5 -INDICATES RECORD OR CALC'D FROM RECORD DATA PER RS NO. 2015--14371, R.S.B. 278/21-22. 14-5 ATTACHMENT C SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT BEACH AND CANNERY SAIL HOUSE, LP FOR TRACT NO. 18108 THIS AGREEMENT ("Agreement") is entered into this day of September, 2019 by and between the CITY OF NEWPORT BEACH, a municipal corporation and charter city of the State of California, hereinafter referred to as "CITY," and CANNERY SAIL HOUSE, LP, a California limited partnership, 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. 18108 ("Tract"); WHEREAS, as a condition of the approval of and prior to the recordation of this subdivision map for the Tract, SUBDIVIDER is required to complete construction of street, alley, water and sewer improvements and undergrounding of electrical, telephone, and cable television lines (collectively, "Improvements") as shown on public improvement pians for Tract 18108 by dated , 2019 ("Improvement Plans"), and to perform certain other improvements in the subdivision; and WHEREAS, 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, and subdivision monumentation, as required by Sections 66499 and 66499.3 of the California Government Code, and Section 19.36.030 Improvement Security (66499 et seq.) of the CITY's municipal code, which is adopted by ordinance of the City Council of CITY. NOW, THEREFORE, in consideration of the promises and aments of the parties as herein set forth, the parties agree as follows: _ \ 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do, perform, and pay for all of the work for the Improvements as shown on the Improvement Plans for said Tract as required by the conditions of approval of the subdivision map for the Tract ("Map") which are not completed at the time of the recordation thereof. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees, or conditions associated with the Tract and with the Improvements as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work for the Improvements ("Work") shall be done and performed in accordance with the Improvement 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 three (3) years from the date hereof, 14-6 unless the conditions of approval of the Map require an earlier completion date. All labor and material costs and expenses forthe Work shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of the Improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete any and all arterial highway improvements, including perimeter sidewalks, medians, and landscaping required by the conditions of approval of the Map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE 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 the City Council's acceptance of same. 4. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the Improvement Plans, specifications, and profiles which have been approved by the City Engineer and filed in the office of the City Engineer are adequate to accomplish the Work as promised herein and as required by the conditions of approval of the Map. If at any time before the City Council accepts the Work as complete or during the one (1) year guarantee period in Section 3 hereof, the Improvement Plans, specifications, and profiles which have been approved by the City Engineer and filed in the office of the City Engineer 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 for the Improvements, or approval of Work and/or materials for the Improvements, 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 for the Improvements, or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations under this Agreement; 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 by the CITY. CANNERY SAIL HOUSE, LP Page 2 14-7 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 One Hundred Seventy Five Thousand Three Hundred Eighty Seven and 501100 ($175,387.50), which is one 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. 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 unsatisfactory performance. B. For Labor and Material: Security in the amount of One Hundred Seventy Five Thousand Three Hundred Eighty Seven and 501100 ($175,387.50), 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. 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 for the Improvements or to SUBDIVIDER. C. For Subdivision Monumentation: Security in the amount of One Thousand Two Hundred Dollars and 001100 ($1,200.00), which is one hundred percent (100%) of the estimated cost of this work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees setting of such monuments and guarantees payment to the Engineer or Surveyor for setting such monuments in the Tract, and as a prerequisite to the approval of the final Map. D. Warranty: Security in the amount of Seventeen Thousand Five Hundred Thirty Eight Dollars and 751100 ($17,538.75), which is ten percent of the estimated cost of the work. CANNERY SAIL HOUSE, LP Page 3 SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER provides a one (1) year guarantee period on all work and materials. Such Warranty Bond shall be released one (1) year after acceptance of all improvements. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is approved in advance in writing by 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 Improvements are accepted in writing by CITY. SUBDIVIDER may be required by CITY to provide a substitute security at any time until one (1) year after the Improvements are accepted in writing by CITY. 9. INDEMNIFICATION. DEFENSE. HOLD HARMLESS City and all officers, employees, and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Work or for injury to or death of any person as a result of SUBDIVIDER's performance of the Work required hereunder; or for damage to property from any cause arising from the performance of the Work 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 SUBDIVIDER's performance of the Work, performance of the Work by any contractor, subcontractor, or agent of SUBDIVIDER, or a supplier providing materials for the Work on behalf of the SUBDIVIDER. To the fullest extent permitted by law, SUBDIVIDER shall indemnify, defend and hold harmless City, its City Council, boards, committees 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 by or on behalf of SUBDIVIDER, any Work performed for the Improvements including, without limitation, defects in workmanship or materials or SUBDIVIDER's presence or activities conducted on the Work (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 CANNERY SAIL HOUSE, LP Page 4 14-9 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 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 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. SUBDIVIDER shall be liable for any private or public property damaged during the performance of the Work by SUBDIVIDER or its agents. In addition to the other rights of City hereunder, in the event that any Claims are brought against the CITY as a result of SUBDIVIDER'S breach of the terms and conditions of this Agreement, any Work performed by or on behalf of SUBDIVIDER, or as a result of SUBDIVIDER's presence or activities conducted on the Tract, the City, as it deems necessary and to the extent authorized by law, may retain any security under Section 8 of this Agreement until disposition of any such Claims. 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 Section 9 of 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, or any 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. In such event, the CITY may utilize the security provided under Section 8 to cover costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) for the Work. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including subdividers, in the event CITY proceeds to complete and/or maintain the Work. Once action is taken by CITY to complete or maintain the Work, in the event that CANNERY SAIL HOUSE, LP Page b 14-10 City does not elect to use the security provided by SUBDIVIDER for the Improvements or does elect to use such security and such security is insufficient for City to complete or maintain the Work, SUBDIVIDER agrees to pay all costs incurred by CITY even if SUBDIVIDER subsequently completes the Work. 12. RECORD MAP In consideration hereof, CITY agrees that SUBDIVIDER is permitted to file and record the final Map for the Tract. 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 Postai 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: Cannery Sail House, LP 428 Old Newport Blvd. Newport Beach, CA 92663 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. 16. 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 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, describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. CANNERY SAIL HOUSE, LP Page 6 14-11 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 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. NO 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 LAW This Agreement shall be governed and construed in accordance with the laws of CANNERY SAIL HOUSE, LP Page 7 14-12 the State of California. 25. SIGNATORIES Each undersigned represents and warrants that its signature herein below has 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] CANNERY SAIL HOUSE, LP Page 8 14-13 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 ATTORNEY'S OFFICE aterBDate.- By: y: ron C. Heffp City Attorney ���� ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Diane B. Dixon Mayor SUBDIVIDER; CANNERY SAIL HOUSE, LP, a California limited partnership BY: BERK CUSTOM HOMES, INC., a California corporation ITS: David Davut u Chief Executive Officer/Secretary CANNERY SAIL HOUSE, LP Page 9 14-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 On q • 1'2 • -)-oi 01 Date personally appeared _ before me, _ i� b(C' v�JL Here Insert Name and Title of the Officer Signer(q)- who proved to me on the basis of satisfactory evidence to be the perso*, ) whose names) is/af-a,subscribed to the within instrument and acknowledged to me that he/sha!__ rh_ey executed the same in hIs/hQ4thE4r authorized capacity(les), and that by his/herfthreir signature(*on the instrument the person(), or the entity upon behalf of which the persorlW-acted, executed the instrument. CHARLIE CHO Notary Public •California Orange County x rra My Commission # 2255353 Comm. Expires Sep 18, 2022 Place Notary Seal and/or Stamp Above 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 Signature of Notary Public yr I wIMKL. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: � Signer(s) Other Than Named Above: Capacity(les) Claimed by 5igner(s) Signer's Name: 12A L�1���i��_ ❑ Corporate Officer - Title(s): � Ll Partner - 0 Limited fa General .I'fndivldual o Attorney in Fact E] Trustee Ll Guardian of Conservator 11 Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner -- q Limited El General • Individual 0 Attorney in Fact 11 Trustee El Guardian of Conservator I] Other: Signer Is Representing: M1304-09 (09117) 14-15 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 Iss. On 20 before me, , Notary Public, personally appeared who 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 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 (seal) County of }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) CANNERY SAIL HOUSE, LP Page 10 14-16 Wk Uber Myq al. Liberty Mutual Surety 17771 Gowan, Suite 100 a Irvine, California 92614 • (949) 263-3300 SURETY www.11bertymutualsurety,aom SUB DIV-IS]ION IMPROVEMENTS PERFORMAACE BOND BOND NO. 3670325 $ 5,202.00 premium is for a term of Two year(s) KNOW ALL MEN BY THESE PRESENTS: That we, Cannery $ali House, Li' , as Principal, and Indemnity Com an -of California, a corporation organized and doing business. tinder and by virtue of the laws of the State of California anal duly licensed to conduct a general surety business in the State of Califonfla as Surety, are held and firmly bound unto the City of Newport Beach as Obligee, in the penal sum of One Hundred Seventy Five Thousand Three Hundred E!qhty Seven and 501100 ($ 175,387.50 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally finrify by these presents, THE CONDITION OF THE OBLIGATION IS SUCH THAT: Whereas the Obligee and Principal have entered into an agreement whereby Principal agrees to install and complete certain designated subdivision improvements, which agreement, identified as 410 and 412 29th Street Tract Map NT2017-001 is hereby referred to and 1.nade part art hereof, and 17"059 _._ Ullman ars Lofts Mixed -Use and Residential (PA20 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 bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, 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 Rept and performed at the time and in the manner thereii specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless 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 penal sum specified therefor, there shall be included costs and reasonable expenses and fees, hncluding reasonable attorney's fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment 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 tens of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the Principal and Surety above named on, Jul 12, 2019 PRINCIPAL: Cannery Sail House, LP SURETY: Indemnity Co p n of Cali ornia AnthonyK T Yau, Attorney -in -Fact ID -1092 (CA) Subdivision Perfonneinae Bond (Rev. 05119) 14-17 ''I'. �.�. j'.i �1 � I � IRI •� -� I I I. _ I' - 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. Mate of CaEif�� County of� _ ) On hoq 12, '10 tai before me,Lf11G4 C Li $�P� a j klm l G ( sni( ert name and title o the officer) personally appeared A\J(V U -It I t,, who proved to me on the basis ofsatisfactory evidence to be the person whose nam re subscribed to the within instrument and acknowledged to me that ie sheAhey-executed the same in @IhorAhelr authorized capacity -(ie# and that by is harAheir signaturefgy on the instrument the person(o, or the entity upon behalf of which the person(s) 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. CYNTHIA GUERRERO PFatary Public-Cafitornia z WITNESS my hand and official seal. �a. {r Orange Coumy !x' Commission u 2200170 My Comm, Ekpires Jun 4, 2021 Sign (Seal) 14-18 i :LJ �f► it 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 Oranse On JUL 12 2019 before me, Debra K Bell Da (e Insert Name of Notary exactly as it appears on the official seal personally appeared Ant=hony K.T. Yan Name(s) of Signer(s) SELL ! Comm.. , un � 2120123 la :xi `3t Notary I _,. `.ic - rlitarnia '. My Gomm. Crp s Aug i5, 2(}19 , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness m an7n"ficial seal `� ✓ Signature Place Notary Seal Above ig tuh of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the forma to another document. Description of Attached Document Title or Type of Document: Document Date: — Number of Pages; Signer(s) Other Than Named Above: Capaeity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner ❑ Limited ❑ General E9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POVER OF ATrbRNEY FOR DEVELOPERS SURETYANO INDEMNITY COMPANY INDEMNITY COMPANY OF CAUFORNIA PO Box 19725, IRVINE, CA 02823 ")2533300 KNOWALL BY THESE PRESMT$ that esroept as expressly k*id MWLOPERS SURETYAND INDEMNITY COMPANY arul INDLMN)TY COMPANY OF CALIFORNK do each hereby narks, oons0kde andappolrd: ***Debra Hell, Gerald Schumacher, Vu Ho, Anthony KT. You, Maricele Lares, Esmeraida Ureno, jointly or severalty— as Ifhelr hue and In WABome*)4h-Fact to make, exactft deifvar andadmawfeage, brandon I hagofsafd oocporaiions, as surelles, bonds, undmMings and carbacts of s=IyWP giving and grantho unto said Atiomey(s) in -Fac full Power and a MO* to do and to Pffkm erery ad necessary, requielte or proper to be done in connsdlcn therewith as each of said cwporeficns Could 4 but reserving to each of said corporations full pourer of s ftffi im and revocaSen, and all of the acts of saidAltmay(apin-Fact pursuant to these Presents, are hereby refilled and coa med This Pffff ofNlorney Is paledand Is signed byfac: Mieundar rindby 01Ith0111Y of the fOlowing resobfts adTlaal by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY of CALIFORNIA, affodveas of January 1st 2005. RESOLVED, that a combination of any two of the Chakwo of the Board Dae President Exemlive Moo -President, Senior Moe President ckr any trim Pfasldent of the WOMtfons be, and that each of then hereby Is, authorized to execute this Paws Cf AltomeK qualifying the Atkxney(s} earned In the Power ofAftornsy to skate, on behalf of the corporations,bond%undertakings and contracts of.suretysMp;and OwtftSGMARr or anyAssiatanlSecre"ofeitherofthecorporallonsbe,andearthofthemherabyis,aatharized to attest the oxecatloof any such Power ofAffe ", RESOLVED, FURTHER, that the signatures of such offiws may be afted to any Such Pow of Attamay or to any ceracate reiathhg therelo by facstmie, and any such Power ofAtlomey or certificate bearkrg such facaleille slgnMures shell be voMd and binding upon Mhe corparattaris When So affixed and kr Ore Mwe with reaped to any bond, undertaking or contract of sunt Afp to which it Is attached. IN WITNESS * EREOJ DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused Mesa presents to be signed by their MP0110 offioars and altesfed by ihotr rospac fve Secretary or Assistant Secretary Ws 4 day of October, 2815. tiy: fir`s AND'6N Danlel'Younif, Senior Wree-President P 9y; Murk Landon, Vice.pre*Wnt to which state of Caftf * counyOforar" officer =t193G3$ oar, s '�N..»N• s p�•/jNigN„N� varlBes only the or validity of that on 4 2010 before me, 101 No Public ore Hlrersaeltnanlea�,unsl�e�eorsull pererahuMy appeared _, Daniel Young and Mork Lansden Nam*) cr9lsnnh) -' LWILLE iiAYMOND Notary PuM • CasNfarttle Oranp County 001111110114101110 U58185 My Com. Fires tit !3, 20x2 Place Nofary Seal Above the who pored to me on the Wait of sa0afafty evidence to be Ore perso4(s) whose names) Irian suts3atbad to the WON hainrmeAt and adcnawtedged to me that Ws heldury executed the same In hisilwAhsir authorized capadry(Ies) and that by hisWAlaair signaluhe(s) on the Instrument the person{s), or the enk upon behalf of which theporson(e) alesW, oxeculed the fnatrument, i cerfiy hunter PENALTY OF PERJURY under the laws of the Slab of Califomie Mal Via taegoing paragraph is tnre and cormot VATNESS my hand and official seal. Sfgnalure Ir /+� Lud y and, NotaryPublic CER'nFICAiIs The underafgned, as Secratary orAssisieal Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY OF INDEMNITY CDMPAW OF CALIFORNIA, does hereby w010111111 the foregoing Pewer of ANameyrenvilm In Cull force and has not boon revoked and, fumem o. that the ravis r�j(ce resolutions of the respective Boards of Dtredaa of ad WPONIUMS sot forth in the Power olAllomey are in force as of the data of this Cer05cote: JUL This COMMID fir exemled In the City of Irvine, CaAtomin, this day of AHp '•.,i By. a s`i? i s Oct, lS w Cdasie5l; tan! thry i N' i loop, ATS•10(t2 (70115) y� * ti ,r`� •411111119159 14-20 1p LierLEitEict�A Liberty Mutual Surety 17771 Cowan, Suite '100 * Irvine, California 92614 * (949) 263-3300 SURETY www.libertymutualsurety.com SUBDIVISION IMPROVEME, NTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS; BOND NO. 367032S PREMIUM INCLUDED IN PERFORMANCE' BOND That we, Canner Sall House LP , as Principal, and. Indernnity Company of California a corporation organized and doing businoss tinder and by virtue of tile laws of the State of California and duly licensed. to conduct a general surety business in the. State of California as Surety, arc held and firinly bound unto the City of New Part Beach as Obligee, in the penal stun of One Hundred Seventy Five Thousand Three Hundred Eighty Seven and 50/100 „ .. � ($ 175,387.50 ) DOLLARS, for which payment, well and truly to be made, we find Ourselves, our heirs, executers and successors, jointly and severally Firmly by these Presents. THE CONDITION OF THE OBLIGATION 1S SUCH THAT. Whereas, the above-named Principal, has entered into an agreement which is made a part of this bond, with the City of Newport Beach _ _ , State of Cali l:ornia, as Obligee, IN'the designated public improvements in the subdivision identified as 410 and 412 29th Street Tract Map NT2017-001 Ullman Sails Mixed -Use and Residential (PA 2017-059 , as required by the Government Code of California. Whereas, under the terms of said agreement, principal is required before entering upon the Performance of the work, to File a good and sufficient payment bond with the E[ty of Newport Seaah to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 ot'Division 4 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned, as surety, arc held firmly bound unto the City of Newport Beach and all contractors, subcontractors, laborers, nra.terialmen and other persons employed in the performance of the atbresaid agreement and referred to in the aforesaid Civil Code of the State of California for material fur- nished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an alnount not exceeding the penal sum hereinabove set filt1h, and also in case suit is brought upon this bond, will pay, ill addition to the penal sum thereof costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by - Ch. of Newport Beach in successfully enforcing such obligation, to be awarded and fixed by the count, and to be taxed as costs athd to be included in the judgement therein renclered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, eompanies; and corporations entitled to file claims under Title 3 (commencing with Section 9000) Or Part 6 of Division 4 of the Civil Code, so as to give right of actiort 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 ful I force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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. Irl witness wherea.f this instrtunent has been duly executed by the principal and surety above named, on . July 12, 2019 PRINCIPAL: Cannery Sail House, LP ID -1093 (CA) Subdivisim unbar and Material Band (REV. 05/19) SURET I emnity omparty of California Apt o� U Attorney-in-fact 14-21 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 DE OL �� ) On 12, '- Gi �1 before me, Iati/I (Cl(insert (nd etie a tii� AGI �'�-i 'R-419191 IC nn . e fficer) personally appeared who proved to me on the basis of satisfactorylevidence to be the persons) whose name(s)GO/are subscribed to the within instrument and acknowled ed to me thateilsk�elthey executed the same in is her4heir authorized capacityueg); and that b) vherJtheir signature-(s)on the instrument the personW,, or the entity upon behalf of which the personal 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. CYNTH A 1UERRERO q,- NWtiry fub:�c - Cali'omia WITNESS my hand and official seal. �r,„gec�"rwy u + C®mmi5S;9n � 22G01'1® My Camm,Expire5 Jul 4, 2021 i Slgnatur � '&. - (Seal) 14-22 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 JUL 12 2019 Data before me, Debra K Bell Insert Nsone or Notary exactly as it appears on the official seal personally appeared Anthony K.T. Yau Name(s) of 5lgner(s) , Notary Public, who 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 lite that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. WitnesshanrNn fficial seal. Signature , t6, � l, �- Place Notary Seat Above Signature of Notary Public ..... ..... Though the information below is not required by fate+ it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document pate: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Urnited ❑ General E�t Attorney in Fact ❑ Trustee ❑ Gclardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Nance: ❑ Individual ❑ Corporate Officer --Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other; Signer is Representing: 14-23 :a A K. ®rt.i_ ;. C+opnm15si„n VA 2120123 �i_f, Notary Public - California ' ocat?ge County Myt tsrr?ri, r.� sirs; Autl 15 2019 , Notary Public, who 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 lite that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. WitnesshanrNn fficial seal. Signature , t6, � l, �- Place Notary Seat Above Signature of Notary Public ..... ..... Though the information below is not required by fate+ it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document pate: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Urnited ❑ General E�t Attorney in Fact ❑ Trustee ❑ Gclardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Nance: ❑ Individual ❑ Corporate Officer --Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other; Signer is Representing: 14-23 POWER OF ATTORNEY FOR DEVELOPERS SUitEiYAND INDEMNITY COMPANY iNDEMNITY COMPANY -OF CALIFORNIA Po Bax f gi'28, IRVINE, CA tI= (M) 211? -3300 -KNOWALLBYnSE PRESENTS that except as expressly Limited, DEVELOPERS SURI=TYAND INDEMNITY COMPANY andINDEMNITY ITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Debra Belt{ Gerald Schumacher, Vu Ho, Anthony X.T. Yau, Mariceia Lares, l=smeraida Ureno, jointly or severally... as Ihefrtve and lawkiAttamey(spfn•Fact to make, examte, deliver and acknowledge, for and on behalf of said gorp ratims, as sureties, bonds, undettakings and contracts of suretyship giving and granting unto saidAttwnay(spri-Fact fuy power and Hutt* to do and to parform every ed rhetasssary, requisijpar pnapar to be done In connection therewilh as each of sedd owpM9ms wWd doy but reserving ID each of aetd mWWtans fug power of subst IbUon and rev000m, and all of the acts of said Atlomey(e)-in-Fact pursuant to these presenis, are hereby reUfied and confirmed. This Power efAkorney is granted' and is signed by fee ina under and by aufihwty of Ube foil Mng 1030100m; adopted by ft reepasllve Boards of Directors of DEVELOMRS SURETY AND INDEMNITY COMPANY and INDEMNITY O0WANY OF CALIFORNIA. effedre as of January 1st, 2008, RESOLVED, that com*a0m ofm y two of the Chairman of the Board, fie Preslderd, EExamlivo Vloa,MWdent, Senior trice -President or any Vice President of the oorporatons be, and thateach of Them hereby 1s, authothed to executo this Power gfAltomey, qual Eft the aibo,ney(a) named in the Power ofAttarnoy to cretins, on behotrof the oorporaatfons,'bonds, undedakings and cpnua* of suretyship; and That the Secrelary or any Assistant Socretory of either of the corporations be, and each of lime hereby is, aWhodzed to attest the exwWon•of any such PcaiuofAltomay; RESOLVED, FURTHER, that the signatures of such 01099; may be affixed to arty such Power orAttomey or in, any cortifirats relating thereto by facsknUe, and any such Power ofAttomey or cerdfkate bearing such Nosh* at wturss shall be valid and blading upon the corporations when so affixed and in the future wth respect to any bond, undertaking orcmnkaai of suretyship to which it is attached, IN WITNESS IiffREOF; DEVELOPERS SURETYAND iNDEMNITYCOMPANY and IdDEMNITYCOMPANY OF CALiFORNIAhave severally caused these presents io be signed by their respeotiue officers and attested by III& respective Secretary orAssidant Secretary this 41h day of October, 2078, * �q/ll*q,N, AND Daniel Young, Sonlor MwPrssident A. By Mark t.anadsn, %cm -President pubilo or other officer carat it to which thta certificate. is stale of Califomla County of Orange oer licate V& fles only the idem ty of the IndMituat 0* signed the and not the frutMuiness, accuracy or vatdlty of Chet document. On October9 2018 r* ole Punka BOB ' - aurin n� -.1,� -- M mrlote�orno� •---.. psrsorhafly appeared _..__ -- Daniel YoUna and Mark t.ansdw Romp) of ktICILLi: RAY11000D � ` g Natery aubli�tmfarrrfa Lorrwnfisfan hV 2290185 Aly COMM. lENJres tit i2, 2032 P1aa$ Notary SealAtxrue Who Proved to mm ON Ons 11001$ 01satsfeclory evidence to be tha parsons) whose "M M'{$) Is M subscribed to the within fulmmant and acknow"O to me that hekhelthey, executed the same in hlsrh Oeir auth0dzed capa*pes), and Orel by NsAera air slgnMura(s) on the instrument the panwn(sk orthe englyupm behalf of which theparson(s) acted, eueeutedthe instrument I wi ty wader PI:NAf TY OF PERJURY ander the laws of the State of Cammia that the foregoing paragraph is he and correot. WITNESS my handandoUidatse"d „ Sigrhahrre W01 ond, Notary Publb GERTIFICA71E TIM tmdersfgned, as Secrelary orAsslstant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hoary certfylhot tie foregoing Poaw olAtlomey remains in full farce and has not been revrdmd and, beremhore, that the p v*lonn of Ike resdutm u of the respactive boards of directors of said cwporafions set tenth N the Power ofAtomey are Jn force as of the data of We C"Ifimle. This CadficatDisexecutedtaittocgortrying. Cailromla,this daynf JUL 2 2419. B -: ,, ::.:i 1936 a 8 cassis J: $ford Assistant tory a ATS•100210/10 IOWA pa ter• 14-24 1WLibertX mutuAl. BOND NO. 36K000306 SU FtETY $100.00 preinium is for a terin of 1 year(s), MONUMENTATION BOND FOR SIUBMVISIONS KNOW ALL MHN BY THESE PRESENTS, THAT WHEREAS, Cannery Sail House, L.P. hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as Tract No. 18108 ; and WHEREAS, all monuments have not yet been set in the positions noted in the proposed FinaI Subdivision Map for said subdivision, NOW, THEREFORE, we the subdivider as Principal, and the The Ohio Casualty Insurance Company, P.O Box 34526 Seattle, WA 98124 (Legal Title and Address of Surety) as Surety, are held and fl rmly bound unto the City of Newport Beach in the sum of One Thousand Two Hundred Dollars And Zero Cents , ($1,200.00 ), lawful money of the United States, for the payment of which sutra well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, or any or all or either of theta, shall fail to pay any engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for said subdivision in accordance with the provisions of Government Code Sec. 66495 et. sect., then said Surety will pay the salve in an amount not exceeding the amount hereinabove set forth. IT I5 HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and all persons, companies, and corporations entitled to fi le claims against it, pursuant to Government Code Sec, 66497. Should the condition of this Bond be fully perfoi7ned, then this obligation shall become null and void, otherwise it shall he and remain in full force and effect. And the said Surety, for valine received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or Contract, or to the work to be performed thereunder, shall in any way affect its obligations on the Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the Agreement or Contract. IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named on September 3rd m 2019 Principal Surety Cannery Sail House, L.P. The Ohio Casualty Insurance Company �( INSU B . Y 1.w—�) By. 1919 � Rachel Hawk * s� Attorney -In -Fact Liberty Mutual Surety Claims • P.O. Box 34526, Seattle, WA 98124 • Rhone; 206.473.6210 • Fax: 866.548-6837 Emall: H05CL0I1bonymutual.com - www.I-lbertyMutua[Sure[yG]alms.com in -1416 (CA) (5114) 14-25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 �a1�n I _ on before me, , Date Here Insert Name and Title of thdAfficer personally appeared-- ofSigner•f,, _ who proved to me on the basis of satisfactory evidence to be the person,(s) whose nnmeN is/are.-subscribed to the within Instrument and acknowledged to me that he/sheAh" executed the same in hls/4@FA aelr- authorized capacity(les), and that by his/he09itt slgnaturejyon the instrument the person(s); or the entity upon behalf of whlch the porsonKacted, executed the Instrument. r CHARLIE CHO Notary Fubk- California u • • Orange County � Carmisslon N 2255353 �" My comm. Expires sup 18, 2022 N Pluce Notary Seat and/or Stamp Alcove 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 Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description: of Attached Document Title or Type of Document: 1AArt0w4'_A1t117a17 Qvk° _ G,,- G`^& Docu ment Date: —. . Signer(s) Other Than Named Alcove: �- Capecity(ies) Claimed by Signer(sj Sign&5 Name: T-)Av )v D Corporate Officer - Title(s): ❑ Partner - n Limited 0 General .la -Individual 0 Attorney in Fact C] Trustee ❑ Guardian of Conservator © Other,• Signer is Representing: 032017 National Notary Association Number of Pages:_ Signer's Name: ❑ Corporate Officer - Title(s): El Partner - L1 Limited 0 General 0 individual 0 ,Attorney in Fact ❑ Trustee n Guardian of Conservator I7 Other: Signer is Representing: M1304-09 (09117) 14-26 CALIFORNIA ALL-PURPOSS ACKNOWLEDGMENT CIVIL. CODE § 1189 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,� on . 0.! 1. O Za 171 1q..._...._.. _ .. _ _ before me, ra, G,Date gam Insert Name and Title of the Dicer personally appeared 'lsfit i- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Islare subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(les), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument, QMy LAJRAf, PARRANotary Public - Ca€ifornia Orange county Commission # 2271171 Comm, Expires nec 15, 2 O Place !Votary Seal andlor Stamp Above 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 offlclal seal. 5ignatre Signature of Notary Public yr I IWIVIu. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer -- Title(s): C] Partner-- ❑ limited 11 General o Individual 11 ,Attorney in Fact ❑ Trustee ❑ Guardian of Conservator A Other, Signer is Representing:. 02017 Natlonal Notary Association Number of Pages:_ Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner ❑ Limited D General ❑ Individual ❑ Attorney in Fact Q Trustee ❑ Guardian of Conservator [i Other: Signer is Representing: This Power of Attorney limits the acts of those named herein, and they have no authority to 60 T y , bind the Company except in the manner and to the extent herein stated. LlbertX Liberty Mutual Insurance Company mu.tumm The Ohio Casualty Insurance Company Certificate No: 8201760-969612 SURETYWest Arrerloan Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insuranoo Company is a corporation duly organized under the Iowa of the State of New Hampshire, that Llberty Mutual Insurance Company is a corporation duly orgardzed under the laws of the State of Massachusetts, and West American Insurance Company Is a Corporation duly organized under the laws of the State of Indiana therein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Rachet Hawk; Silvia Ortiz; Sonya Silva; Stanley_Tatton all of the city of Surtn Amt state of CA each individually If there be more than one named, Its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as Its act and deed, any and oil undertakings, bonds, reoognizonces and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secrstary of The Companies In their own proper persons. IN WITNESS WHEREOF, this Power ofAttomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have boon affixed thereto this 601 day of Apgust _, 2019 . ori Q) I c V State of PENNSYLVANIA 5 County of MONTGOMERY sa Liberty Mutual Insurance Company Pu Visit, qY INIT48 The Ohio Casually Insurance Company Cr P " G tri W> 'f'� WestAmerlmn Insurance Company 9912 4 X9919 1991 0 y o ue' a$ Flo MAMP Y� �NnlaKP b , By: nA„hrl U ramv haa10.4 Carrotanr 5 e On this 6th day of August , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o ? Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITN ESS 1NNEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Ponnsykrania, on the day and year first above written. .-o C U1 N Q:�p, PAgINS rlt' COMMONWEALTH OF PENNSYLVAMA doPoSeal p /) .-. � �' � by � Tama Podolia, lla,PlvlgryP0llajJ/��"�; p Upper MorlanTvup., MonrgamoryODLffdy By: C My Coindsslon Expires March 28, 2021 !u �, Teresa Pasislla, Notary Public. 41).� ��rli' _.,pyo Membe6 Pannsylve,la 1{seaclatlon or Noledoe CF a? This Powe of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o c Insurance Company, and West American Insurance Company which resolutions are now in full force and affect reading as follows: ARTICLE IV -- OFFICERS: Sedlon f 2 Power of Attorney. ti Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint suclt attormys-in fool, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such atlorneys-In-fact, subject to the limitations sol forth In their respective powers of attorney' shall k have full power to bind thu Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed, such Insli uments shall be as binding as if signed by Ilia President and attested to by the Secretary. Any power or authority granted to any representative or ailomay-In•fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the offtoer or officers granting such power or aulborfly. ARTICLE Hpl - Execution of Contracts; Section 5. Surety Bonds and Undertakings. Any officer of the Company authoized for that purpose in writing bythe chairman or the prosident, and subject to such limitations as the chairman or the president may prescribe; shall appoint such attomeys•tor-160, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakiltgs, bonds, reeognizances and other surely obligations. Such attomays-fn-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if aligned by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting purat rml to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such atbrneys•lry fact as may be necessary to act on behalf of tie Company to make, execute, seal, acknowledge and deliver as aurally any and all undertakings, bonds, recognizances and other surely obligations. Authorization - By unanimous consent of the Company's Board DI Directera, the Company consente that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any pourer of attorney issued by the Company In connection with surety bonds, shell be valid and binding upon the Company with The some force and effect as though manually affixed. 1, Renee C, Lloweliyo, the undersigned, Assistant Secretary, The Ohlo Casualty Insurance Company, Liberly Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of atomey of which the foregoing is a full, bue and correct copy of the Power of Attorney executed by said Companies, Is In full force and effect and has not been revoked, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3rd day of Septcmbcr , 2019 . � tHBU�p �Y IN$� �y ttrsU . 0�gr + oty�'q� Gtr pP ,rfi . 1912; v 1919 1991 0 "� Renee C. Llewellyn, Assistant Secretary LMS -12673 LMIG GClG WAIC Multi Co 06201& a c a V) Lu 14-28 Liber!M�t�t��. liberty Mutual Surety y 17771 Cowan, Suite 100 • Irvfner California 92614 • (949) 263-3300 Mary www.11bertymulualsurety.com WARRANTY BOND KNOW ALL PERSONS BYTHESE PRESENTS: Bond No. $670325 Effective Date: August 30th, 201s THAT we, Cannery Sail How% LP, as Principal and !ndamnitycanpsny olcallomis , a corporation organized and doing business under and by virtue of the Iaws of the State of Caiilormmt' and duly licensed to conduct suety business in the State of Cenfemie __.__ _ , as Surety, are held and firmly bound unto the City of Newport ileach as Obligee, in the sum of seventeen thousand fWa-hundred thhy-elght and 761100 ($ 77,598,76 ) Dollars, for which paymenk well and truly to W trade, we bind ourselves, our heirs, executors and successors, jointly an severally firmly by these presents. TIIE CONDMON OF THE OBLIGATION IS SUCI3 UTAT: Whereas the obllgee and Principal have entered Into an agreement whereby Principal agrees to install and complete certain deelgnated subdivision improvements, which agreement. Indentified as 410 and 412 29th Stroot Tract 18108 Map NT2017-001 Ullman Sails Lofts Mlxod-Use and ResWenliai (PA2017-059) WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of? r .. „ - . year(s): NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that obligee may sustain by reason of any defective materials or worlcmansl* which become apparent during the period of 1 year(s) from the effective date of this bond, then this obfig0on sell be void; otherwise to remain in full force and effect, IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its only authorized.Attorney-in-Fact. day of August Cannery,'.All House, LP (Principal) +-lv-Vid 1pc&yul1gctJt& ID -1799 Wanuii(yA)Pcrlbrtnamscc(RQV.019) 2019 Year Indemnity eun1pAay of Callfornia (Surely) .........__.,.,,..-.W ..._� BY: UUCAVOL/ Rach aw& Attorney -in -Fact 14-29 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Rox 19725, IRVINE, CA92623 (949) 2$3-3WO KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, conalltute and appoint: ***Joan E. McLaughlin, Sonya E. Silva, Rachel flawk, Jointly or severally*** as their true and lawful Allorney(s)-in-Fact, to make, execute, deliver and admowledge, for and on behalf of said cotporallmo, as sureties, bonds, undertakings and contracts of sur*shlp giving and granting unto said Attomey(s)•In-Fact full power and authority to do and toperfurm every act necessary, requisite or proper to be done in connection therewith as each of sald corporations could do, but reseefing to each of said corporatlons full powerof substitution and revocation, and all of the acts of saldAttomeq(s)[49-Fact, purauard to these presents, are hereby rattled and canflr od, This Pmar of Attorney is granted and Is signed by facsimile under and by authority of the following fesoluilons adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1 sl, 2008. RESOLVED, that a corrbinatioa of any two of ting Chapman of the Board, rho Presfdertt, Executive Ace•PreWent, Senior Vice -President oranyVice Prealdent of fie corporations be, and that each of them hereby Is, authorized to execute this Power of Altortioy, qualifying the altorney(s) named in the Power of Attorney to execute, on behalf of the oorporalons, ponds, undertakings and contracts of suretyship; and trat the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby Is, authorized to atlesl the execution of any auoh Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers maybe affixed to any such Pouter ofAttomeyor to any certiffcale relating thereto by facsimile, and any such Power of Altorney or corfificate bearing such fimimile signatures shall be valid and binding upon the corporations when so offixod and in the future with respect to any bond, undertaking or contract of suretyship to which It is attached. IN WITNESS WHEREOF, DEVELOPERS SURE'TYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be sl�ltred by their respectivenflaero and attestad by thskmopeetve Secretary orAwWant ,Secretary this 4th day of 00obor, 20111. By; aNn, +,PAAVYO Daniel'Young,Seenior ce 'resldont •`` 1936 4- Sy'SOX s�y *.4..aa�,r= o'R�AFos�� Mark Lansdon, Vice -President ., �elINAlA1H{ � - - IA notary public or other officer completing this certifioate verifies only the identity of the Individual who sEgried the document to which thls cortlfioate Is attached, and not'tho truthfulness, accuraev. or vaildIN ofthal document. State of California Countyof 0rango on ___t)ctoper4,2G18 __ before me, Lucille RamendNotary Public nate Hare Ir mit Name and Title or ne officer pereabally al}peered Daniel Young and Mark Lansdon Namof{tor sdoner(sl Mrnplr�rJMr�Mta LUCLL E PAYMON0 10"111 C • Gali"Inle OulttyCorroonN225ia5 �iy Camm. lrxplr�s Ikt 1 �, RQ2� Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(vE whose name(s) Islere subscribed to the within instrument and aftowfodged to me that helshellhoy executed the some in hisfher/lhoir authorized capaclty(ies), and that by hisfhorhhelrsignature(s) on the instrument the porson(s), or the enlily upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJU RY under the laws of the State of California that the foregoing paragraph Is true and correct WITNESS my hand and official seal. . Slgnatura Luuill N nd,NotatyPublic CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Poworof Attorney remains in full forco and has not been revoked and, fuithermors, that the provisions of fro resolutions of the respective Boards of Directors of said eorpomtlons set forth in tho Power of Attamoy are In farce an of the date of this Oertilcale. This Certificate is executed in the City of Irvine, California,tris dRy of {!,+lA!{►l,,, O 30th August 2019 sra,t.iaea.A+°,aS'�d+7,�fi By: = u1(_ 1936,a VST Cassie J: rris[ord,Assistant Se tart' s v�, � _ �tB�� } too. bas d , . 0 ta~gY� ATS -1100200118) •'`!tip Nj okWo4, k 14-30 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ON VCounty of I .i On . Q - 1 Q 101 before me, &VO4 Public - Date Here Insert Name and Title 0 the Officer personally appeared Name{s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. LAURA E. PARRA Notary Public • California Granp County commfsslon 0 2271171 emy Camr. Expires Dec 15,202Z ww+aaawrrrwi. Place !Votary Seal and/or Stamp Above 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. Sigi.ature oSlognot'rof Notary Public . AmsL—A kL:11 Completing this Informatlorl can deter alteration of the document or fraudulent reattachment of this form to an unIntencled document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _- rA Corporate Officer - Title(s): - ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator * Other: Signer Is Representing: 02017 National Notary Association Number of Mages: µ. Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner.- Ll Limited EI General n Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: _ 14-31 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 12, On', iE3. ?E3Ir before me,���' , Date personally appeared Here Insert Name and Title of Ke Officer Norm*) of Slgneghp who proved to me on the basis of satisfactory evidence to be the persons) whose name(*) Is/@fe subscribed to the within Instrument and ocknowiedged to me that helsfiftthey executed the same in his/hefA4eir authorized capacitytf , and that by hislhen`tii-relr slgnatur*) on the instrument the personf: j, or the entity upon behalf of which the persoW(s)"acted, executed the instrument. CHAKI£ CHO Notary Public, California ,.. = orangeCmUnty it Commission # 2255353 My comm. Expires Sep 18, 2022 Place Notary Seal andlor Stamp Above 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 soal. Signature Signature of Notary Public Completing this lnforrnatfon can defer alteration of the document or fraudulent reattachment of this form to an unintended document Descriptlon of Attached document ` Tule or Type of Document:G Document Date: --- Signers) Other Than Named Above: Capacity(fes) Claimed by Signers) Signer's Name;- ❑ Corporate Officer — Title(s): - ❑ Partner — u Limited r7 General a Individual ❑ Attorney in Fact Ci Trustee CI Guardian of Conservator El Either: Signer Is Representing: 02017 National Notary Association Number of Pages: — Signer's Name: L1 Corporate Offlcor — Title(s): D Partner -- ❑ Limited D General ❑ Individual ❑ Attorney In Fact ❑ Trustee Q Guardian of Conservator D Other: Signer is Representing: M1304-09 (09117) 14-32 ATTACHMENT D RESOLUTION NO. 2063 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-025, CONDITIONAL USE PERMIT NO. UP2017-005, MINOR SITE DEVELOPMENT REVIEW NO. SD2017-003, AND TENTATIVE TRACT MAP NO. NT2017-001 FOR A MIXED-USE STRUCTURE (RETAIL/OFFICE AND ONE RESIDENTIAL DWELLING UNIT) AND THREE RESIDENTIAL DWELLING UNITS LOCATED AT 410 AND 412 29TH STREET (PA2017-059) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Berk Properties (Applicant), with respect to property located at 410 and 412 29th Street, and legally described as Lots 17, 18, and 19 of Block 225 of the Landscasters Addition of Newport Beach. 2. The Applicant requests a coastal development permit, conditional use permit, minor site development review, and tentative tract map to demolish an existing 9,600 -square -foot commercial building to construct: (1) a new mixed-use structure with 1,145 square feet of retail/office floor area and one 2,360 square foot dwelling unit; and (2) three residential dwelling units ranging from 2,485 square feet to 2,515 square feet. A conditional use permit approval is necessary to reduce the required retail/office parking requirement by four spaces. A deviation of the subdivision design standards is necessary in conjunction with the tentative tract map to allow a lot width of less than 40 feet. 3. The subject property is located within the MU-CV/1 5th St. (Mixed -Use Cannery Village115th Street) Zoning District and the General Plan Land Use Element category is MU -H4 (Mixed - Use Horizontal). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-CV/1 5th St. (Mixed -Use Cannery Village115th Street). 5. A public hearing was held on July 20, 2017 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2, CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 32 (Infill Development 14-33 Planning Commission Resolution No. 2063 Paae 2 of 27 Projects). This exemption applies to in -fill development projects in urban areas that are consistent with the General Plan and applicable development standards. In addition, the proposed development must occur on a site of no more than five acres, have no value as habitat for endangered, rare or threatened species, be adequately served by all utilities and public services, and must not result in any significant effects relating to traffic, air quality, water quality, or any other significant effect on the environment due to an unusual circumstance. 2. An analysis and exemption determination was prepared for this project. CEQA Class 32 consists of projects characterized as in -fill development meeting the conditions described above. The project site is 0.18 acres in size, is located within an urban area, and can be adequately served by all required utilities and public services. Potential development of the project site was considered and analyzed in the City's 2006 General Plan Environmental Impact Report (EIR) for potential environmental impacts. Based on that analysis, there is no reasonable probability that the project will have a significant effect on the environment due to unusual circumstances, nor will the project result in any short-term or long-term impacts that were not previously considered in the Newport Beach General Plan and General Plan EER. Implementation of the project will not result in any adverse effects on sensitive biological resources, traffic, air quality, noise or water quality. The project is consistent with the General Plan designations and policies, and can be found consistent with all applicable zoning regulations upon approval of the requested applications. A geotechnical report, preliminary Water Quality Management Plan, and water/waste-water generation memorandum have been prepared. An analysis of the currently vacant property indicates that the project site and adjacent areas have no value as habitat for endangered, rare, or threatened species. The project is expected to have less than significant impacts related to traffic, noise, air quality, and water quality. The project site does not exceed five acres in area, is located in an urban area, and can be adequately served by all required utilities and public services. Therefore, the project meets all of the conditions described above for in -fill development and qualifies for a Class 32 exemption. SECTION 3. REQUIRED FINDINGS. Coastal Development Permit A coastal development permit is required to allow nonresidential development within the coastal zone. In accordance with NBMC Section 21.52.015(F) (Coastal Development Permits, Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. 01-43-17 14-34 Planning Commission Resolution No, 2063 Page 3 of 27 a. The project complies with the FAR limitations for mixed-use development and multi- unit residential development (0.5 FAR maximum for nonresidential portion of the mixed-use component, 1.0 FAR maximum for residential component of mixed-use, and 1.5 maximum for residential). The project complies with 0.47 FAR for the non- residential portion of mixed-use, 0.97 FAR for the residential portion of mixed-use, and 1.43 FAR for the multi -family residential component. b. The development complies with the required setbacks, which are 0 feet along the front and side property lines and 10 feet along the rear property line abutting the alley. c. The highest guardrail is less than 26 feet from established grade and the highest ridge is approximately 31 feet from established grade, which comply with the maximum height requirements. d. The project includes residential garage and carport parking for a total of 10 vehicles, complying with the minimum two -car garage parking requirement for residential dwelling units and 0.5 space guest parking for residential units. e, The project includes one American's with Disabilities Act (ADA) nonresidential parking space where a total of five parking spaces are required under the Zoning Code. Local Coastal Program Section 21.40.110.D (Impact to Coastal Access Prohibited) prohibits a reduction in required off-street parking that impacts public parking available for coastal access. The reduction will not significantly impact the supply of parking available for coastal access. The project results in a net decrease in nonresidential parking demand on the street where the current parking demand is 39 spaces and the proposed nonresidential parking demand on the street will be four parking spaces. Additionally, the project will add two public street spaces to the parking supply in the area, street parking is available throughout the Cannery Village area, and there are two municipal parking lots within the vicinity of the project site. The nearest shoreline (Rhine Channel) is primarily a navigation channel with little recreational and visual value. The nearest sandy beach is over 1,000 feet away, which is served by public parking that is closer and more convenient to beach goers than the public parking in Cannery Village, 2. The neighborhood is predominantly developed with a mix of nonresidential uses, mixed- use structures, and multi -unit dwellings. The design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3, The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 01-03-17 14-35 Planning Commission Resolution No. 2063 Page 4 of 27 4. The property is not located within 200 feet of coastal waters. A construction erosion control plan has been provided to implement temporary Best Management Practices (BMPs) during construction and minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. 5. Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), since the project area replaces more than 5,000 square feet of impervious surface area on an already developed site, a Water Quality Management Plan (WQMP) is required. A WQHP prepared by CORE Structure Inc, dated May 15, 2017, has been reviewed by the City's Engineer Geologist. The WQMP includes a project description, potential stormwater pollutants, post -development drainage characteristics, Low Impact Development (LID) BMP selection and analysis, structural and non-structural source control BMPs, site design, and drainage, GIS coordinates for LID and Treatment Control BMPs, and a long term operation and maintenance plan. Construction plans will be reviewed for compliance with the approved WQMP prior to building permit issuance. 6. The property is not located near designated Public View Points or Coastal View Roads and will not impact public coastal views. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: The project site is not located between the nearest public road and the sea or shoreline; the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. Vertical access to the bay front is available near the project site at the street ends of 29th Street, 30th Street, and Villa Way. Conditional Use Permit A conditional use permit is required to reduce the on-site parking requirement. In accordance with NBMC Section 20.52.020(F) (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding C. The use is consistent with the General Plan and any applicable specific plan: 01-03-17 14-36 Planning Commission Resolution No. 2063 Paae 5 of 27 Facts in Support of Finding The General Plan Land Use Element designates the site as MU -H4 (Mixed -Use Horizontal), which is intended to establish the character of a distinct and cohesively developed district or neighborhood containing multi -family residential with clusters of mixed-use and/or commercial buildings. Mixed-use or commercial buildings are required on parcels at street intersections and are permissible but not required on other parcels. Development of the site will be consistent with General Plan policies as discussed below. The proposed mixed-use development at the corner parcel and multi- family residential development at the interior parcel are consistent with the land use intent for the subject properties. 2. Land Use Policy LU6.10.1 (Priority Uses) allows multi -family residential and mixed-use buildings that integrate residential above retail or live -work units throughout Cannery Village. Mixed-use, live -work, or commercial buildings are required on corner parcels. The proposed development matches the priority uses for the Cannery Village area by providing a mixed-use development on the corner parcel with multi -family residential units on the interior parcel. The retail/office uses are intended to serve local residents and will provide a visitor -serving use to the community. The residential dwelling units will further support the retail/office uses and provide a customer base in the neighborhood. The design of the buildings complement the marine and nautical character of the area, which is evocative of the prior sail loft building on-site. 3. Land Use Policy 5.3.6 (Parking Adequacy and Location) requires adequate parking be provided and that it is conveniently located to serve tenants and customers. All required parking garages and carports for the residential component are provided on-site, are readily accessible from the rear alley, and are screened from Villa Way by the proposed building. Adequate parking will be provided to serve the retail/office tenants and customers where a four parking space reduction is necessary for the retail/office component. Overall, the project reduces the nonresidential parking demand on the surrounding streets compared to the existing building on-site. The project adds two additional on -street public parking spaces, street parking is generally available throughout the Cannery Village neighborhood, and two City metered parking facilities are available in the area. 4. The subject properties are not part of a specific plan area. Finding D. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code: Facts in Support of Finding 1. The proposed retail use on the ground floor and office and residential unit at the second floor level within the mixed-use component are consistent with the MU-CV115th St zoning district. 01-03-17 14-37 Punning Commission Resolution No. 2063 Page 6 of 27 2. Multi -unit residential condominiums are permitted uses within the MU-CV/1 5th St zoning district along interior parcels as proposed. 3. A parking management plan is necessary to mitigate impacts associated with a four space reduction in the number of required parking spaces for the nonresidential portion of mixed-use where five parking spaces are required. The development results in a net reduction in parking demand compared to the existing use, street parking is available on the adjacent streets in Cannery Village, and two municipal parking facilities are available in the vicinity. 4. All required residential parking is provided on-site. Finding E. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity: Facts in Support of Finding 1. The project incorporates a variety of features to ensure neighborhood compatibility. The proposed retailloffice portion of the mixed-use component are consistent with the City's goals and objectives for Cannery Village. The design incorporates building materials that are consistent with other buildings in the Cannery Village community and are compatible with the nautical and marine uses of the area. The mixed-use entry and residential structures along the 29th Street and Villa Way frontages are designed with a zero setback at to enhance pedestrian connections with the street frontage. 2. All residential parking is provided on-site. 3. In a dense mixed-use environment with multiple uses within close proximity, each building may not need a full supply of parking. The location of land uses within walking distance of one another generates the opportunity for shared trips and there is a component of walk-in patronage from nearby areas. The retail/office uses would be compatible with the surrounding uses and parking demand would be lower due to shared trips. 4. Cannery Village contains on -street parking along 29th Street and Villa Way that is available to patrons. The project will also add two on -street parking spaces with the closure of existing driveways along Villa Way. Land uses in Cannery Village are within close proximity of one another and would generate the opportunity for shared trips. 5. Cannery Village is characterized by a higher level of pedestrian and bicycle traffic than other areas of the city. 6. There are two municipal parking facilities available in the area. The first is the metered City lot at 426 30th Street located one block to the north of the subject property. The second is the metered City lot at the intersection of 30th Street and Newport Boulevard 01-03-17 14-38 Planning Commission Resolution No. 2063 Paae 7 of 27 located two blocks to the west. The proximity of these parking facilities provides the opportunity for patron parking in the area. 7. The project has been reviewed and found t requirements and landscaping standards (Development Standards for Parking Areas) Section 20.30.070 (Outdoor Lighting). Finding o be compliant with the parking area as provided in Section 20.40.070 and the outdoor lighting standards in F. 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: Facts in Support of Finding 1. The parking configuration provides adequate vehicle access and parking spaces for patrons and residents. 2. Adequate public and emergency vehicle access, public services, and utilities are provided. 3. The development of the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding G. 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, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support -of Finding 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The project has been conditioned to provide two additional on -street public parking spaces. 2. The mixed-use and residential development will serve the surrounding residential and retail community. This will revitalize the project site and provide an economic opportunity for the property owner to improve the visual character of Cannery Village. Minor Site Development Review A minor site development review is required for the construction of a mixed-use project involving 'I to 4 dwelling units and up to a maximum of 9,999 square feet of gross floor area. D9-43-17 14-39 Planning Commission Resolution No. 2063 Paqe 8 of 27 In accordance with NBMC Section 20.52.080(F) (Site Development Review), the Planning Commission must also make the following findings for approval of a site development review: Finding: H. Allowed within the subject zoning district; Facts in Support of Finding: 1. The property is located in the Mixed -Use Cannery Village/15th Street (MU-CV/15th St) Zoning District, where it is intended to establish a cohesively developed district or neighborhood containing multi -unit residential dwelling units with clusters of mixed-use and/or commercial structures on interior lots of Cannery Village. Mixed-use or nonresidential structures are required on lots at street intersections and are allowed, but not required, on other lots. The mixed-use development at the corner parcel and multi- family residential development at the interior parcel are consistent with the Zoning district for the subject properties. 2. The subject property is not part of a specific plan area. Finding. In compliance with all of the applicable criteria fbelowj.- a. 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; b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the relationship is based on standards of good design; c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and f The protection of significant views from public rights) -of -way and compliance with Section 20.30. 100 (Public View Protections); and Facts in Support of Finding: a-1. The mixed-use and multi -unit residential condominiums are permitted uses within the MU -H4 General Plan land use designation and MU-CV/15th St. zoning district. The 01.03-17 14-40 Planning Commission Resolution No. 2063 Paae 9 of 27 development matches the priority uses for the Cannery Village area by providing a mixed-use development on the corner parcel with multi -family residential units on the interior parcel. a-2 As required by the Zoning Code, a conditional use permit has been requested for a parking management plan and subsequent reduction of four required parking for the nonresidential portion of the mixed-use development and a deviation of design standards has been requested to allow a lot width of less than 40 feet for the corner parcel to accommodate the required parking widths on the site. a-3. Land Use Policy LU6.10.1 (Priority Uses) allows multi -family residential and mixed-use buildings that integrate residential above retail or live -work units throughout Cannery Village. Mixed-use, live -work, or commercial buildings are required on corner parcels. The development matches the priority uses for the Cannery Village area by providing a mixed-use development on the corner parcel with multi -family residential units on the interior parcel. The retail/office uses are intended to serve local residents and will provide a visitor -serving use to the community. The residential dwelling units will further support the retail/office uses and provide a customer base in the neighborhood. The design of the buildings complement the marine and nautical character of the area, which is evocative of the prior sail loft building. a-4. The project is not located in a specific plan area. b-1. The mixed-use and residential components of the project are integrated as a unified development through the use of similar architectural style and design elements. The neighborhood is predominantly developed with a mix of retail/office and residential uses. The design would provide for harmonious relationships with one another and with the adjacent surroundings through site layout and positioning of the two buildings. Both the mixed-use and residential components of the project provide separate and well-defined entries. b-2. The mixed-use entry and residential structures along the 29th Street and Villa Way frontages are designed with a zero setback to enhance pedestrian connections with the street frontage. The residential portion of the building provides modulation of the fapade along Villa Way by varying setbacks at each floor level and incorporating adequate common and private open space areas in the form of large balconies, patio areas, and common corridor areas to provide a pleasant living environment. b-3. The project has been designed to improve the aesthetics of the site and improve the retail presence at the corner of 29th Street and Villa Way. b-4. Land Use Policy 5.3.6 (Parking Adequacy and Location) requires adequate parking be provided and that it is conveniently located to serve tenants and customers. All required parking garages and carports for the residential component are provided on-site, are readily accessible from the rear alley, and are screened from Villa Way by the proposed building. Adequate parking will be provided to serve the retail/office tenants and customers where a four parking space reduction is necessary for the retailloffice 01-03.17 14-41 Planning Commission Resolution No. 2063 Paqe 10 of 27 component. Overall, the project reduces the nonresidential parking demand on the surrounding streets compared to the existing building on-site. The project adds two additional on -street public parking spaces, street parking is generally available throughout the Cannery Village neighborhood, and two City metered parking facilities are available in the area. b-5. All mechanical equipment for the mixed-use and residential components would be screened within mechanical equipment enclosures at the lower levels or in designated equipment areas at the third floor deck area. c-1. The design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. The unified design theme of the mixed-use and residential components of the project provides for an architectural consistency between these uses and other structures in the Cannery Village neighborhood. c-2 The size, density, and character of the residential dwelling units complement the existing land uses in the project area and include design elements consistent with Land Use Element Policy 5.1.9 (Character and Quality of Multi -Family Residential) that requires multi -family dwellings to be designed to convey a high quality architectural character. Consistent with this policy, the architectural treatment of the building includes high quality finishes and incorporates building materials such as large rolling style doors, a painted white concrete masonry unit (CMU) veneer, smooth white stucco, metal panel shed roofs, vertical wood siding, aluminum clad windows, and exposed steel that are consistent with other buildings in the Cannery Village community and are reminiscent of the nautical and marine uses of the area. c-3. The height and bulk of the mixed-use building is consistent in scale with other structures in the Cannery Village neighborhood. The front facade of the mixed-use building utilizes a variation of building materials to provide enhanced visual relief. The residential building is located adjacent to the street frontage and forms a continuous building wall, improving the pedestrian connections with the adjacent streets, thereby implementing the General Plan policies to foster pedestrian activity within Cannery Village. The residential units are designed with both vertical and horizontal off -sets with patio areas at the ground level and pop -outs at the second floor level to provide visual interest along the Villa Way frontage. Likewise, the carports and garages located at the rear alley are consistent with the development pattern for the area and vary the building bulk from the second and third floor levels above. d-1. The parking garages and carports accessed from the rear are designed to maintain privacy for the residential tenants and protection from vehicular impacts. The project provides adequate setbacks at the rear alley and sight distance at the intersection of the alley and 29th Street, as determined by the City Traffic Engineer. d-2. The project would close an existing unused driveway along Villa Way, thereby increasing the number of on -street parking spaces along the project frontage from two spaces to a total of four spaces (two new spaces). 01-a3-17 14-42 Planning Commission Resolution No. 2063 Pane 11 of 27 d-3. Each residential unit has separate and independent access to required garage and/or carport parking for the unit via the rear alley with direct interior access to their units. d-4. The project results in a total code required parking demand of 15 parking spaces (five spaces for the nonresidential retail/office floor area, eight residential parking spaces, and two residential guest parking spaces). All residential parking is provided on-site and the nonresidential component of the mixed-use component provides one ADA handicapped parking stall on-site. A waiver of four parking spaces is requested for the nonresidential portion of the mixed-use development. Overall, the nonresidential parking demand on the street has been reduced compared to the existing use, the presence of street parking in the area, the availability of two municipal parking lots in the neighborhood, and the pedestrian and bicycle character of the neighborhood make the waiver of four parking spaces compatible with the surrounding neighborhood. e-1. The project includes limited landscaped areas to soften the massing along 29th Street and provide additional common area amenities for the condominium units. e-2. The project is subject to the City's Water Efficient Landscape Ordinance (Chapter 14.17 of NBMC). e-3. The residential component of the project includes a common outdoor living corridor of 870 square feet that includes landscape planters, bicycle racks, and bench seating. In addition, each residential unit is afforded private outdoor living space in the form of large balconies and/or private patio areas at the ground level. f-1. The project location is not a designated coastal view road and is not considered a public view corridor. Finding: J, The proposed development is not 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 development. Facts in Support of Finding: The project has been conditioned 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. 2. The project provides separate screened trash enclosures for the mixed-use and residential components, which would be located at the rear of the project site near the parking areas. The size, design, location, and screening of the refuse enclosures comply with the requirements of NBMC Section 20.30.120 (Solid Waste and Recyclable Materials Storage), ensuring compatibility with the on-site and adjacent uses. 01-03-17 14-43 Planning Commission Resolution No. 2063 Paqe 12 of 27 3. The project is subject to the City's Outdoor Lighting requirements contained with NBMC Section 20.30.070 of the Zoning Code. 4. Mechanical equipment would be fully screened and would not be visible from the adjacent streets. All mechanical equipment for the mixed-use and multi -unit residential components would be screened within mechanical equipment enclosures at the lower levels or in designated equipment areas at the third floor deck area. 5. Tenant improvements to the new retail/office portion of the mixed-use component will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Tentative Tract Map A tentative tract map is requested to subdivide three existing legal lots into two legal lots and to create six airspace commercial and residential condominium units. In accordance with NBMC Section 19.12.070(A) (Required Findings for Action on Tentative Maps), the following findings and facts in support of a tentative tract map are set forth: Finding: K. 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. Facts in Support of Finding: The project is consistent with the MU -H4 (Mixed -Use Horizontal) General Plan designation of the project site. 2. The Public Works Department has reviewed the tentative map and found it consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. 3. Conditions of approval have been included to ensure compliance with Title 19. Finding: L. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The 0.18 -acre site is trapezoidal in shape, has a slope of less than 20 percent, and is within an area known for the potential of seismic activity and liquefaction. It is currently developed with a vacant commercial building. 01-43-17 14-44 Planning Commission Resolution No. 2063 Paqe 13 of 27 2. The site where construction will occur is relatively flat and based on the geologic investigation, the development is feasible with appropriate site preparation and construction. The geologic investigation includes recommendations for removal and recommendation of loose surface materials and use of a structural mat foundation system. Finding_ U 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 project site to be developed does not support any environmental resources. As such, there would be no significant impacts to fish or wildlife or their habitat associated with the project. 2. There would be no impacts to wetland vegetation associated with the project. Finding N. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 1. The project consists of two parts: 1) a mixed-use development consisting of one retail unit at the ground floor, one office unit at the second floor, and one residential unit at the second floor level and 2) three residential condominiums. The land uses and development area comply with the maximum floor area ratios for each land use as allowed by the Zoning Code and the General Plan. 2. No evidence is known to exist that would indicate that the planned subdivision pattern will generate any serious public health problems. 3. All construction for the project will comply with Building, Public Works, and Fire Codes. Public improvements will be required of the developer per Section 19.28.10 (General Improvement Requirements) of the Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. 01-03-17 14-45 Planning Commission Resolution No. 2063 Paqe 14 of 27 Finding: 0. 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 Finding: There are no easements on-site so the design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the development. 2. Public improvements will be required of the applicant per the Municipal Code and the Subdivision Map Act. Conditions of approval require the closure of the existing curb cut along Villa Way to accommodate two new street parking spaces, new ADA compliant curb ramps, individual water and sewer connections for each condominium unit, and the dedication of a 10 -foot radius comer cut-off for street purposes at the corner of 29th Street and Villa Way. Fin_ _.ding: P. 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. Fact in Support of Finding: 1. The site is not subject to a Williamson Act contract. Finding: Q. 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. 01-03-17 14-46 Planning Commission Resolution No. 2063 Page 15 of 27 Fact in Support of Finding: The subject property does not qualify as a "land project" and is not located within the boundaries of a specific plan. Finding: R. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 664 73. 1 and 66475.3 of the Subdivision Map Act. Fact in Support of Finding. Title 24 of the Uniform Building Code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division will enforce Title 24 compliance through the plan check and field inspection processes for the construction of the residential units. Finding: S. 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. Fact in Su art of Finding: There are no existing dwelling units on the project site. Rather the project includes the construction of four new condominium units to contribute to the City's share of the regional housing need. The applicant will be responsible for the payment of appropriate fair share, park, and housing in -lieu fees for the development of these new dwelling units. Finding: T. 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: There is adequate sewer system capacity to serve the requirements of the project. The project would be able to tie into the existing sewer system without adversely affecting the system, causing any water quality affects, or violating existing requirements prescribed by the Regional Water Quality Control Board. Wastewater from the project will be generated by residential build -out. 01-03-17 14-47 Planning Commission Resolution No. 2063 Paqe 16 of 27 2. As conditioned, sewer connections will be installed per City Standards, the applicable provisions of Chapter 14.24 (Sewer Connection, Permits) of the Newport Beach Municipal Code, and the latest revision of the Uniform Plumbing Code. 3. The project design addresses water quality with a construction erosion control plan and a post -construction drainage system. The project is required to adhere to the City's grading, erosion control, and drainage requirements that includes percolation features and retention of dry weather and minor rain event run-off on-site. Any water not retained on- site is directed to the City's storm drain system will not violate Regional Water Quality Control Board (RWQCB) requirements. Finding U. 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 Support of Findin The project site is located in the MU -H (Mixed -Use Horizontal) land use category within the Coastal Zone. The MU -H land use category continues to provide opportunities for coastal -related, coastal -dependent, and/or visitor -serving land uses in the Lido Village neighborhood in the retail and office suites. The project is also consistent with this land use designation in that residential units will only be provided at the interior parcel and on the second floor level for the corner parcel. Coastal access is not inhibited as the project site is an inland parcel and is not designated for present or future horizontal or lateral coastal access in the Coastal Land Use Plan. 2. Existing public street parking is maintained and the project will provide two additional public parking spaces along Villa Way. The project results in a net reduction in nonresidential parking demand on surrounding streets. The existing commercial building requires 39 parking spaces that are not provided on-site whereas the project requires four parking spaces that are not provided on-site. Deviation of Subdivision Design Standards A deviation of the design standards is required to allow a lot width of less than 40 feet as required by the MU-CV/1 5th Street Zoning District development standards. In accordance with NBMC Section 19.24.130(C) (Deviation from Design Standards) of the Newport Beach Municipal Code, the following findings and facts in support of the deviation of design standards are set forth: Finding: V. The requested deviations) will create a land plan or development design equal or superior to that under the baseline design standards in this chapter. 01-Q3-17 Planning Commission Resolution No. 2063 Paqe 17 of 27 Facts in Support of Finding 1. The requested lot subdivision would form two lots where three underlying legal parcels currently exist. Lot 1, where the deviation of designs standard is requested, would have a resulting lot width of 27 feet 7 inches where the current lot with is 25 feet 9 inches. The resulting lot width would be closer to achieving the minimum 40 -foot lot width than the current parcel configuration of the underlying tract. 2. Lot 2 has a lot width of 58.3 feet, which complies with the minimum 40 -foot lot width as required by the MU-CV/15th Street zoning district standard. Finding: W The deviations) will not negatively impact the carrying capacity of the local vehicular circulation network; Facts in Support of Finding: The proposed lot widths are compatible with surrounding development and are modified slightly (1 -foot) from the underlying lot pattern in order to accommodate the required parking dimensions for each building. 2. All on-site parking will be accessed from the rear alley in conformance with minimum parking dimensions and setback development standards. 3. The proposed lot configuration will accommodate two additional public parking spaces along the Villa Way frontage and will not negatively impact the local vehicular circulation network. Finding: X. The deviation(s) will not negatively impact pedestrian circulation; Fact in Support of Finding: 1. The reduced parcel width will not negatively impact pedestrian circulation where sidewalks will continue to be available along the 29th Street and Villa Way street frontages. Finding: Y. The resulting subdivision will be compatible with the pattern of surrounding subdivisions; 01-03-17 14-49 Planning Commission Resolution No. 2063 Page 18 of 27 Facts in Support of Finding: The development matches the priority uses for the Cannery Village area by providing a mixed-use development on the corner parcel with a residential dwelling and office unit over retail and multi -family residential units on the interior parcel. 2. The subdivision is compatible with the surrounding development pattern where lot widths vary between less than 30 feet in width at street ends up to 60 feet in width where the underlying 30 -foot wide legal lots in the tract have been combined into a single building site. Finding Z. The resulting subdivision design and improvements will be consistent with the General Plan and any applicable specific plan, and will conform to the Subdivision Map Act and all other provisions of this Subdivision Code; and Facts in Support of Finding: The project results in two parcels that would be developed in accordance with the land uses identified by the General Plan and Zoning Map where mixed-use development is located on the corner parcel and residential development is located at interior parcel. 2. The subdivision design and improvements will conform to all other requirements of the Subdivision Map Act and Subdivision Code. Finding: AA. The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to public health or safety Facts in Su ort of Finding: The improvements will not be detrimental to residents or tenants in the Cannery Village Community. The required improvements will improve the community with the addition of two new street parking spaces, new ADA compliant curb ramps, structures that comply with sight distance requirements at the intersection, and the dedication of a 10 - foot radius corner cut-off for street purposes at the corner of 29th Street and Villa Way. 2. The project will result in the redevelopment of an under-utilized and aging commercial lot with a mixed-use and residential project that implements the goals and policies for Cannery Village. 01-03-17 14-50 Planning Commission Resolution No. 2063 Paqe 19 of 27 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-025, Conditional Use Permit No. UP2017-005, Minor Site Development Review No. SD2017-003, and Tentative Tract Map No. NT2017-001 subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. The Coastal Development Permit, Conditional Use Permit, and Site Development Review actions shall become final and effective 14 days following the date this resolution was adopted and the Tentative Tract Map action shall become final and effective 10 days following the date this resolution was adopted, unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 19, Title 20, and Title 21 of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF JULY, 2017. AYES: Dunlap, Kleiman, Koetting, Kramer, Weigand, Zak NOES: None RECUSED: Lowrey ABSENT: None BY: Peter Koetting, C airman BY:2 v" Erik igand, cretary 01-03-17 14-51 Planning Commission Resolution No. 2063 Paae 20 of 27 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) PLANNING The development shall be in substantial conformance with the approved 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. All proposed signs shall be in conformance with an approved Comprehensive Sign Program for the project site and provisions of NEMC Chapter 20.42 (Signs). 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Coastal Development Permit, Conditional Use Permit, Site Development Review, and Tentative Tract Map or the processing of a new application. 6. 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. 7. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the project file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Site Development Review and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 8. 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. 9. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for four new dwelling units (currently $1,792 per new additional dwelling unit) in accordance with NEMC Chapter 15.35. Q1 -o3-17 14-52 Planning Commission Resolution No. 2063 Paae 21 of 27 10. Prior to the recordation of the Final Tract Ma , a park dedication fee for four dwelling units (currently $26,125.00 per new additional dwelling unit) shall be paid in accordance with NBMC Chapter 19.52. This fee shall be paid upon submittal of the map to the Public Works Department for plan check and deposited into the appropriate Service Area account as identified in the Recreation and Open Space Element of the General Plan. 11, 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. 12. 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.! (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.). 13. A minimum of 11 parking spaces shall be provided on-site (one ADA nonresidential space, eight residential spaces, and two residential guest parking spaces). 14. All mechanical equipment shall be screened in accordance with NBMC Section 20.30.020 (Buffering and Screening). Screening materials shall comply with the Zoning Code height limit (26 feet for flat roof structures and 31 feet for pitched rood. 15. Prior to the issuance of a building permits, the applicant shall submit a 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 Planning Division. 16. 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. 17. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, 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. 01-03-17 14-53 Planning Commission Resolution No. 2063 Paqe 22 of 27 18. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this Coastal Development Permit to the Planning Division. 19. Construction activities shall comply with NBMC Section 10.28.040, 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. 20. No outside paging system shall be utilized in conjunction with this establishment. 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, The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 22. 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. 23. 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 20 feet of the premises. 24. 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). 25. Deliveries and refuse collection for the retail/office suites 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. 26. 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. 27. 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 onsite media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 01-03-17 14-54 Planning Commission Resolution No. 2063 _ Page 23 of 27 28. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 29. 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. 30. 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. 31. 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 Ullman Sail Lofts including, but not limited to, Coastal Development Permit No. CD2017-025, Conditional Use Permit No. UP2017-005, Site Development Review No. SD2017-003, and Tentative Tract Map No. NT2017-001 (PA2017-059). 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. Fire Department Conditions 32. New elevator shall be gurney -accommodating in accordance with Article 30 of the California Building Code (2001 edition). 33. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company. A NFPA 13 system is required due to mixed -occupancy in accordance with CFC 9.3.3.1.1. 34. Prior to the issuance of building permits, the project plans shall remove keynote number four referencing a NFPA 13D system and OCFA notes on Sheet A-2.0. Building Division Conditions 01-03-17 14-55 Planning Commission Resolution No. 2063 Paqe 24 of 27 35. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 36. Prior to the issuance of building permits, the project plans shall reflect a fire rated wall that extends to the furthest projection between the mixed-use and residential buildings at each floor level. 37. 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 car pooling 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. 38. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain, 01-03-17 14-56 Planning Commission Resolution No. 2063 Paae 25 of 27 or result in impacts to environmentally sensitive habitat areas, streams, wetland or their buffers. 39. Best Management Practices (BMPs) and Good Housekeeping Practices (GNP's) shall be implemented prior to and throughout the duration of construction activity as designated in the Erosion Control Plan. 40. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 41. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stock piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 42. Prior to issuance of gradingHermits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed 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. 43. A list of "good house -keeping" 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. Public Works Conditions 44. A Tract Map shall be recorded. The Map shall be prepared on the California coordinate system (NAVD88). 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. 45. 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 Sections 7-9-330 and 7-9-337 of the Orange County 01-03-17 14-57 Planning Commission Resolution No. 2063 Paae 26 of 27 Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (on -inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 46. Prior to the final tract map approval, a subdivision agreement and bonds (Labor and material, performance, and warranty) in the form and amount acceptable to the Director of Public Works for the estimated improvement costs as prepared by a Registered Civil Engineer and approved by the Director of Public Works. 47. The final tract map shall dedicate for street purposes a 10 -foot radius corner cut-off at the corner of 29th Street and Villa Way. 48. All improvements shall be constructed as required by Ordinance and the Public Works Department. 49. Prior to final building permits, the applicant shall reconstruct the concrete sidewalk, curb, and gutter along the 29th Street and Villa Way project frontage per City Standard. 50. Prior to issuance of final building permits, the applicant shall plug unused driveway approaches per City Standard STD -165-L. 51. Prior to issuance of final building permits, curb drains shall be installed per City Standard STD -184-L. 52. Prior to issuance of final building permits, the applicant shall install an ADA compliant curb ramp per City Standard at the corner of 29th Street and Villa Way. 53. Prior to issuance of final building permits, the applicant shall remove the existing power poles along the Villa Way and 29th Street frontages and relocate all overhead utilities underground, unless the utilities companies determine that the removal is infeasible. 54. Prior to issuance of final building permits, all existing overhead utilities shall be undergrounded. 55. No above ground improvements shall be installed within the 10 -foot alleys setback. The 10 -foot alley setback shall be constructed of a drivable surface. 56. Each unit shall be served by its individual water meter, sewer lateral, and cleanout. Each water meter and sewer cleanout shall be installed with a traffic grade box and cover. The water meter and the sewer cleanout shall be located within the public right-of=-way. 57. An encroachment permit is required for all work activities within the public right-of-way. 58. 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. 01-a3-17 14-58 Planning Commission Resolution No. 2063 Paqe 27 of 27 59. All on-site drainage shall comply with the latest City Water Quality requirements. 60. All unused water services to be abandoned shall be capped at the main (corporation stop) and 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 wye. The sewer lateral shall then be capped where the wye used to be. 61. Prior to issuance of final building permits, the applicant shall create a minimum of two new on -street parking spaces along Villa Way, including installation of parking meter posts. 62. County Sanitation District fees shall be paid priorto the issuance of any building permits. 01-03-17 14-59