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Home My WebLink About20200116_ApplicationCommunity Development Department Planning Permit Application 1. Check Permits Requested: D Approval-in-Concept -AIC # D Lot Merger D Coastal Development Permit D Limited Term Permit - 0 Waiver for De Minimis Development O Seasonal O < 90 day 0>90 days D Coastal Residential Development D Modification Permit D Condominium Conversion D Off-Site Parking Agreement D Comprehensive Sign Program D Planned Community Development Plan D Development Agreement D Planned Development Permit D Development Plan D Site Development Review -O Major O Minor D Lot Line Adjustment D Parcel Map 2. Project Address(es)/Assessor's Parcel No(s) 20361 Irvine Ave Unit 81 Newport Beach APN 936-80-153 CffV OF Nl:WPOlff BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment ,f A-2o 2o--oo4' f { (' f Zo D Staff Approval D Tract Map D Traffic Study Iii Use Permit -□Minor i]Conditional D Amendment to existing Use Permit D Variance □ Amendment -□Code □PC □GP 0LCP D Other: 3. Project Description and Justification (Attach additional sheets if necessary): conditional use permit for non-surgical medical office 4. Applicant/Company Name .:...:1-s ___ u_c_ha_n~n ___ on ....... _s_tre ____ e_t ___ P __ a __ rtn_e .... rs ___ • ~~--~---------~--~-..... -...... ----_ ...... ----........... -~---__ .... _----__._I Mailing Address j 1300 Bristol Street North . Suite/Unit J suite 100 j City J Newport Beach State J California I Zip ...... , ...... 9-2-66 __ 0 ............... ~~j Phone I (949) 640-8911 Fax·.,_' -~---~~~__.I Email I surflaw@aoLcom j ·I Phillip B Greer I 5. Contact/Com pany~·---N~a_m_e_ '--_ ~-·· :::.· =·· ~·-...... ______ ...... _____ ...... ___ ~----_______ -~ ________ -~ --_________ ...... _______ ---~ ............ ~--...... ____ ---~~~--...... -___ -_-___ ~_ --...... _ ...... ___ -~~"""'I Mailing Address J1300 Bristol Street North . Suite/Unit j suite 100 j City ~' ~N-e .... w_p __ o __ rt~B-e_ac ...... h~~~~----~~~-~~~~ State j California I Zip .,_, ...... 92 __ fi_6 ...... 0 ~~~__.I Phone j (949) 640-8911 Fax __ I_~--~~___.) Email j surflaw@aoLcom j 0 N I .. Buchannon Street Partners · 1 6. wner ame ~-'-:;-~ ~~ _~ ~~ _~ .._~ _~ ~-_-_~ ~~ _-~-~~ _-_~ ...... -_-_-_~ _-_-_~ ~= ~~ _~ ~~-~ _-_~ _-_-_'-:_~ _~ -~--_~ --~~ _~ ___ ~ _-~~-~ -~~~---~~;:.==:::::.==:::::.=:::::.====;- Mailing Address J 1300 Bristol Street North Suite/Unit .,_J-~~s~u-=-it_e __ ~1-o~o.::::.::::::::::==::::'.' City I Newport Beach State., ..... -C---al---ifo.._r ___ n-ia~-------1 Zip I 92660 I Phone j (949) 640-8911 Fax,-~--.......... --...... , Email I surf;aw@aol.com j · 7. Property Owner's Affidavit*: (I) (We)~--~-~~--~~~~----~~~--~-~~-~ depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. A ___, ~ T"itle·.1 Vice P.res.iden·t· Signature(s): --"-~----------...<:::;a,.__ __ -:_-_-_-_-___ _ I •1 JAnuary7, 2020 Date: "-'-· --------~~~~__, DD/MO/YEAR Signature(s): ______________ Title: ~' -------~-~---__.I Date: ~' ~---------' *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Planning Permit Application -CDP added.docx Rev: 01/24/17 PA2020-009 I:\Users\CDD\Shared\Admin\Planning_Division\Current_Templates\Office Use Only Form Updated 01/27/2020 2700-5000 Acct. Deposit Acct. No. ________________________ For Deposit Account: Fee Pd: _______________________________________ Receipt No: ____________________________ FOR OFFICE USE ONLY Date Filed: _______________________ APN No: __________________________ Council District No.: _________________ General Plan Designation: ____________ Zoning District: _____________________ Coastal Zone: Yes No Check #: __________ Visa MC Amex # ____________ CDM Residents Association and Chamber Community Association(s): _______________________ Development No: __________________________ _____________________________________________ Project No: ________________________________ _____________________________________________ Activity No: _______________________________ Related Permits: ___________________________ Remarks: ________________________________________________________________________________________ PA2020-009 PROJECT DESCRPTION Owner proposes to utilize the unit for general, non-surgical dentistry. Hours of operation will be from 9:00 am to 5:00 pm, Monday thru Friday. Patients may be seen by appointment only of Saturday. Applicant will be making no structural changes to the exterior of the building, will require no special access and, pursuant to the attached parking study, has sufficient parking to accommodate the anticipated business. PA2020-009 FROM PA2019-025. Highlight added for emphasis. of net floor area, and the next 75,000 square feet of office requires one space per 300 square feet of net floor area. Medical offices, if not more than 20 percent of the total net floor area of the office park, share identical parking requirements. The existing office park has a net floor area of 80,289 square feet. The proposed surgery center, combined with a previously approved chiropractor office, totals 7,196 square feet of net floor area, which is approximately 9 percent net floor area of the entire office park. Therefore, the proposed surgery center shares an identical parking requirement as an office use and no additional parking is required for the change in use. The existing office park, including existing and proposed medical offices, contains 77,354 square feet of office net floor area, which requires 292 parking spaces. Additionally, there is an existing 2,935-square-foot learning center within the office park, which was approved by a use permit (UP2015~015). The learning center requires 27 spaces based on the requirement of one space per peak staff. However, 18 required spaces were waived as part of the approval. Parking is sufficient for the entire office park, as 301 spaces are required and 301 spaces are provided, as illustrated by Table 1 below: Table 1: Parkin Land Use Floor Area (Net) Parking Rate Office First 50,000 s . ft. 50,000 s . ft. 1 Next 75,000 s . ft. 27,354 s . ft. 1 Total 80,289 s . ft. Number of required spaces waived by UP2015-015 · Total Spaces Re uired 200 92 27 319 18 301 301 *Not rnore th~n 2dperc~ntmedical officeU$!S··= 1.6,098 sq. ff' ofa)ro~ecl mfJdica/· offic<:J. f/por afea) 'T<?t~I ~xisting andprop9sed m~dical offit?e floor area· == • 7~ 19.6 sq;. tt· f 9%) '. . Given the relatively small size of the space and the operational characteristics (one physician with appointment-only visits) staff believes the parking demand for the space will be similar to other office uses. Staff observations of the site indicate that adequate parking will be available within the 301-space parking pool. Use Permit Findings In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits), the Planning Commission must make the following findings for approval for a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan. PA2020-009 The Jetty BLDG Business Name 20371 Irvine Ave A 100 liolas 120 lioakins 140 jrl capital 150 vacant 160 Newport Psychology group 170 lindamoode bell 200 vacant 210 Generations healthcare 220 orange county clinical psyc 230 vacant 240 Studio 88 250 Veracity 270 vacant B 20361 Irvine Ave 81 Vacant B2 Shiloh enterprises 83 Basi Pilates C 20351 Irvine Ave C 1/2 Hitchman Fiduciary C3 Ruben Martinez C4 Alexis Meshi CS Studio 88 C6 Vacant D 20341 Irvine Ave 01 ET Chiropractic 02 Aperion D3-4 Nutshell Wifi E 20331 Irvine Ave El Paul Decampo E2 Watson legal group E3/4/5 P11 creative E6 Subject property £7 Subject property Desc. office-finance office-finance office-finance office psych atri st/office Office-tutoring office corp office psychatrist/ office office interior design video mktg/office office Office Architecural/Consulting Firm training/ office financial consulting/office Financial consulting/office OFFICE Interior design office Chiropractor Graphic Design/office Office Office Legal/office Graphics/Marketing/Office medical medical Gross SF 3,102 5,310 1,365 2,335 2,088 3,642 4,171 2,841 2,138 1,469 1,329 4,030 2,852 5,978 2,832 3,480 2,226 1,590 1,609 2,686 1,571 :····.·······•·.··, .. . ,, 2,4~~;.:l 2,478 2,653 1,367 1,465 4,510 ... /lt!~2 •· ·3A2.8 ...... -··--·----·••<- PA2020-009 First 50,000 sf Nest 75,000 sf Learning Center PARKING ANALYSIS 1:250 net floor area (50,000 sf) 1:300 net floor area (27,354 sf) (2,935 sf) Spaces Required Spaces waived pursuant to UP2015-015 Total spaces required Total spaces provided 200 spaces 92 spaces 27 spaces 319 spaces 18 spaces 301 spaces 301 spaces PA2020-009 The Jetty BLDG Business Name Desc. A 20371 Irvine Ave 100 liolas office-finance 120 lioakins off i ce-fi na nee 140 jrl capital office-finance 150 vacant office 160 Newport Psychology group psychatrist/office 170 lindamoode bell Office-tutoring 200 vacant office 210 Generations healthcare corp office 220 orange county clinical psyc psychatrist/ office 230 vacant office 240 Studio 88 interior design 250 Veracity video mktg/office 270 vacant office Common Area/Restrooms/Hallways Storage units B 20361 Irvine Ave Bl Vacant B2 Shiloh enterprises B3 Basi Pilates C 20351 Irvine Ave C 1/2 Hitchman Fiduciary C3 Ruben Martinez C4 Alexis Meshi CS Studio 88 C6 Vacant D 20341 Irvine Ave D1 ET Chiropractic D2 Aperion D3-4 Nutshell Wifi E 20331 Irvine Ave El Paul Decampo E2 Watson legal group E3/4/5 P11 creative E6 Subject property El Subject property F 20321 Irvine Ave Office Architecural/Consulting Firm training/office financial consulting/office Financial consulting/office OFFICE Interior design office Chiropractor Graphic Design/office Office Office Leg a I/ office Graphics/Marketing/Office medical medical Fl Garrido Fitness office F2 vacant F3 vacant Total SF Office SF : Medical office office NET SF 2500 4279 1111 1885 1850 2935 3250 2545 1582 1235 983 2982 2110 5585 1670 5058 2565 2968 1779 1141 1553 2498 974 2054 2121 2073 1260 1150 4389 2475 2667 2822 2067 2173 80289 -,sir,-& 73093 91% 7196 9% Y.7..)..\ PA2020-009 OJI] OPEN BAY ~ HALL [JQI] RECEPTION lliD DR. OFFICE ~ WAITING PA2020-009 •~ First American ~ u/# ~: .. -..~~ .. ALTA Commitment for Title Insurance ISSUED BY Commitment First American Title Insurance Company File No: NCS-981620-SAl COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end . . First American Title Insurance Company gr/~,£_ 0~1mis J, Gilnlor1s Pros.ident ~~~ Jeffrey S. Robinson Secretory If this jacket was created electronically, it constitutes an original document, This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Polley; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 1 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009 COMMITMENT CONDITIONS 1. DEFINITIONS (a) \\Knowledge" or \\Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) \\Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term \\Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) \\Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. ( d) \\Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) \\Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) \\Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) \\Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) \\Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; ( c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I-Requirements; and (f) Schedule B, Part II-Exceptions. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. S. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I-Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II-Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition S(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. ( c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions S(a)(i) through S(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part JI-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 2 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION Arbitration provision intentionally removed. This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part JI-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 3 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009 ,; ~ ,11 ;II: II'~' ,C:· ~ First American Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-981620-SAl Transaction Identification Data for reference only: Issuing Agent: First American Title Insurance Company National Issuing Office: 18500 Von Karman Ave, Suite 600, Commercial Services Irvine, CA 92612 Commitment No.: NCS-981620-SAl Issuing Office File No.: NCS-981620-SAl Property Address: 20361 Irvine Avenue Suite Bl-100, Newport Escrow Officer/Assistant: Ryan Hahn/May Marquez Beach, CA 92660 Revision No.: 01 Phone: (949)885-2472/(949)885-2474 Email: rhahn@firstam.com/maymarquez@firstam.com Title Officer/ Assistant: Michael Brinkman/Candyce Vega Phone: /(949)885-2443 Email: mbrinkman@firstam.com/CVega@firstam.com SCHEDULE A 1. Commitment Date: October 29, 2019 at 8:00 AM 2. Policy to be issued: (a) l8l 2006 ALTA® Standard Owner Policy Proposed Insured: Dr. Dean Azzeh, DDS Proposed Policy Amount: $ 1,482,945.00 (b) □ 2006 ALTA® Policy Proposed Insured: Proposed Policy Amount: $ (c) □ 2006 ALTA® Policy Proposed Insured: Proposed Policy Amount: $ 3. The estate or interest in the Land described or referred to in this Commitment is Fee as to Parcels 1 and 2; Easement as to Parcels 3 and 4 4. The Title is, at the Commitment Date, vested in: The Jetty Newport Beach, LLC, a Delaware limited liability company 5. The Land is described as follows: See Exhibit "A" attached hereto and made a part hereof This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 4 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009 Schedule Bl & BIi Commitment No.: NCS-981620-SAl AL TA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-981620-SAl SCHEDULE B, PART I Requirements All of the following Requirements must be met: A. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. B. Pay the agreed amount for the estate or interest to be insured. C. Pay the premiums, fees, and charges for the Policy to the Company. D. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. E. Releases(s) or Reconveyance(s) of Item(s): 29 F. other: None G. You must give us the following information: a. Any off record leases, surveys, etc. b. Statement(s) of Identity, all parties. c. other: None The following additional requirements, as indicated by "X", must be met: [X] H. Provide information regarding any off-record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. The Company's Owner's Affidavit form (as provided by the company) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [] I. An ALTA/NSPS survey of recent date, which complies with the current minimum standard detail requirements for ALTA/NSPS land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part JI-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association, Form 50003700 (8-23-18) Page 5 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009 [X] J. The following LLC documentation is required from: (i) a copy of the Articles of Organization (ii) a copy of the Operating Agreement, if applicable (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Company Consent to the current transaction [] K. The following partnership documentation is required : (i) a copy of the partnership agreement, including all applicable amendments thereto (ii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iii) express Partnership Consent to the current transaction [] L. The following corporation documentation is required: (i) a copy of the Articles of Incorporation (ii) a copy of the Bylaws, including all applicable Amendments thereto (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Corporate Resolution consenting to the current transaction [X] M. Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. [] N. A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary. [X] 0. Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. [] P. Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: [] Q. The Company's "Indemnity Agreement I" must be executed by the appropriate parties. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part JI-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form ( or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 6 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009 [] R. Financial statements from the appropriate parties must be submitted to the Company for review. [] S. A copy of the construction contract must be submitted to the Company for review. [] T. An inspection of the Land must be performed by the Company for verification of the phase of construction. [] U. The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 7 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009 First American Schedule Bl & BIi (Cont.) Commitment No.: NCS-981620-SAl ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: NCS-981620-SAl SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I-Requirements are met. 2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 3. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 4. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 5. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 7. General and special taxes and assessments for the fiscal year 2019-2020, a lien not yet due or payable. 8. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 8 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009 9. The restrictions that none of said land shall be sold to be used for the purpose of oil refining or any other purpose which would constitute a nuisance or be effective or be offensive to the senses, health or safety of persons residing on any said land or adjoining lands, as provided in the Deed from the Irvine Company to Title Guarantee and Trust Company, recorded in Book 437, Page 231 of Deeds, in the office of the County of Recorder of said Orange County. Note: Said Covenants, Conditions and Restrictions have been modified by an Instrument recorded in Book 5296, Page 239 of Official Records. 10. An easement for water pipe lines, ditches and other conduits for the distribution of water and incidental purposes, recorded January 31, 1927 as Book 9, Page 416 of Official Records. In Favor of: Santa Ana Heights Water Company Affects: As described therein 11. Rights of way over and across said property for electric lights, power and telephone lines, which said lines shall follow as nearly as practicable the property lines, as reserved in the deed from Title Guarantee and Trust Company, a corporation, to Dennison Elmer Lieb, dated May 26, 1927 and recorded in Book 53, Page 315 of Official Records. Note: A Quitclaim Deed recorded January 25, 1982 as Instrument No. 82-028649 of Official Records. Reference is hereby made to the record thereof for full particulars. Rights of way for the benefit of the Santa Ana Heights Water Company across and along said land for pipelines and ditches, which shall follows as nearly as practicable the property lines, as reserved in the above mentioned deed. 12. Covenants, conditions, restrictions and easements in the document recorded as Book 53, Page 315 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: A Quitclaim Deed recorded January 25, 1982 as Instrument No. 82-028649 of Official Records. Reference is hereby made to the record thereof for full particulars. 13. An easement for sewer lines and incidental purposes, recorded January 28, 1959 as Book 4566, Page 61 of Official Records. In Favor of: Affects: Costa Mesa Sanitary District of Orange County, California As described therein 14. An easement for polelines and conduits and incidental purposes, recorded as Book 5886, Page 546 of Official Records. 15. In Favor of: Affects: Southern California Edison Company as described therein An easement for street and incidental purposes, recorded as Book 6904, Page 331 of Official Records. In Favor of: Affects: County of Orange as described therein This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 9 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009 16. An easement for street purposes and incidental purposes, recorded July 27, 1967 as Book 8324, Page 14 of Official Records. 17. 18. In Favor of: Affects: County of Orange as described therein An easement for sanitation and incidental purposes, recorded November 17, 1972 as Book 10432, Page 653 of Official Records. In Favor of: Affects: Costa Mesa Sanitation District As described therein An easement and right-of-way to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, on, over and across that portion of Orchard Drive vacated by Resolution of the Board of Supervisors of Orange County, California, dated March 22, 1988 and recorded April 4, 1988 as Instrument No. 88-153514 of Official Records of Orange County, and pursuant to any existing Franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of gas pipelines, telegraphic and telephone lines and for transportation or distribution of electrical energy, petroleum, and its products, ammonia, water and incidental purposes, including access to protect the property from all hazards in, on and over said street or part thereof vacated. 19. An easement for street, highway and incidental purposes, recorded May 25, 1988 as Instrument No. 88-245776 of Official Records. In Favor of: Affects: The County of Orange As described therein 20. An easement for underground electrical supply systems, communication systems and incidental purposes, recorded July 05, 1988 as Instrument No. 88-320780 of Official Records. In Favor of: Southern California Edison Company, a corporation Affects: As described therein Document re-recorded December 14, 1988 as Instrument No. 88-648550 of Official Records. 21. The terms and provisions contained in the document entitled 11Declaration and Notice Concerning Aircraft Environmental Impacts11 recorded August 15, 1988 as Instrument No. 88-401957 of Official Records. 22. An easement for aircraft operations, aircraft sound and noise, aircraft avigation and flight, hazard and air space, referred to hereinafter, one word for the entirety, as a perpetual, nonexclusive avigation easement and incidental purposes, recorded August 22, 1988 as Instrument No. 88-415040 of Official Records. In Favor of: Affects: The County of Orange As described therein 23. The terms, provisions and easement(s) contained in the document entitled "Quitclaim Deed" recorded March 07, 1989 as Instrument No. 89-118405 of Official Records. 24. The terms and provisions contained in the document entitled "Agreement" recorded April 05, 1989 as Instrument No. 89-177098 of Official Records. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part JI-Exceptions. Copyright 2006-2016 American Land Title Association, All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 10 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009 25. An easement for underground electrical supply systems, communication systems and incidental purposes, recorded August 08, 1989 as Instrument No. 89-419615 of Official Records. In Favor of: Southern California Edison Company, a corporation Affects: As described therein 26. Covenants, conditions, restrictions and easements in the document recorded September 11, 1989 as Instrument No. 89-484297 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 27. Covenants, conditions, restrictions and easements in the document recorded May 04, 1990 as Instrument No. 90-235869 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 28. Abutter's rights of ingress and egress to or from Irvine Avenue and Orchard Drive, have been dedicated or relinquished on the map of Parcel Map No. 89-128 on file in book 269, page 39, 40 and 41, of Parcel Maps. 29. A Deed of Trust to secure an original indebtedness of $14,320,000.00 recorded May 02, 2016 as Instrument No. 2016000192379 of Official Records. Dated: May 02, 2016 Trustor: BSP Workscapes, LLC, a Delaware limited liability company Trustee: First American Title Insurance Company Beneficiary: ZB, N.A. dba California Bank & Trust Affects: The land and other property. The terms and provisions contained in the document entitled "Assignment of Rights under Covenants, Conditions and Restrictions, Sales Agreements, Permits, and Development Documents" recorded May 02, 2016 as Instrument No. 2016000192380 of Official Records. The Deed of Trust/Mortgage was Partially reconveyed as to property described in partial reconveyance by instrument recorded March 10, 2017 under recording no. 2017000098710. The Deed of Trust/Mortgage was Partially reconveyed as to property described in partial reconveyance by instrument recorded November 09, 2017 under Instrument No. 2017000475416. The Deed of Trust/Mortgage was Partially reconveyed as to property described in partial reconveyance by instrument recorded January 31, 2018 under Instrument No. 2018000034334. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part JI-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form ( or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 11 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009 A document recorded May 22, 2018 as Instrument No. 2018000186464 of Official Records provides that ZB, N.A. dba California Bank & Trust was substituted as trustee under the deed of trust. The effect of a document entitled "Substitution of Trustee and Full Reconveyance", recorded May 22, 2018 as Instrument No. 2018000186464 of Official Records. Note: The Company will require satisfactory proof of full payment of the debt secured by said mortgage or deed of trust prior to removing this exception or insuring the contemplated transaction. 30. Covenants, conditions, restrictions and easements in the document recorded December 22, 2016 as Instrument No. 2016000651685 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604( c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded January 31, 2017 as Instrument No. 2017000041895 of Official Records. Document(s) declaring modifications thereof recorded August 11, 2017 as Instrument No. 2017- 341024 of Official Records. The terms and provisions contained in the document entitled "Assignment of Declarant's Rights for The Jetty At Newport Beach" recorded October 05, 2017 as Instrument No. 2017000425073 of Official Records. Document(s) declaring modifications thereof recorded July 16, 2019 as Instrument No. 2019000253886 of Official Records. 31. Rights of parties in possession. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by Arst American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 12 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009 INFORMATIONAL NOTES ALERT -CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of recording on certain transactions effective January 1, 2018. Please contact your First American Title representative for more information on how this may affect your closing. 1. Taxes for proration purposes only for the fiscal year 2018-2019. First Installment: Second Installment: Tax Rate Area: APN: $2,362.47, PAID $2,362.47, PAID 07-114 936-801-13 2. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Condominium known as 20361 Irvine Avenue #Bl, Newport Beach, CA. 3. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded February 28. 2018 as Instrument No. 2018000072467 of Official Records. From: BSP Workscapes, LLC, a Delaware limited liability company To: The Jetty Newport Beach, LLC, a Delaware limited liability company 4. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. The map attached, if any, may or may not be a survey of the land depicted thereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of this Commitment or the Policy, if any, to which the map is attached. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form ( or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 13 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009 "'~ .. ""' ~ f ~- ISSUED BY ~ First American First American Title Insurance Company Exhibit A File No: NCS-981620-SAl File No.: NCS-981620-SAl The Land referred to herein below is situated in the City of Newport Beach, County of Orange, State of California, and is described as follows: A CONDOMINIUM COMPRISED OF: PARCEL 1: UNIT NO. Bl AS SHOWN AND DESCRIBED ON THIRD AMENDED AND RESTATED CONDOMINIUM PLAN -THE JETTY AT NEWPORT BEACH RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, ON JULY 16, 2019 AS DOCUMENT NO. 2019000253887 ("CONDOMINIUM PLAN"), WHICH IS LOCATED WITHIN PARCEL 1 OF PARCEL MAP NO. 89-128, AS SHOWN ON A MAP FILED IN BOOK 269, PAGES 39, 40 AND 41 OF PARCEL MAPS, AS MAY HAVE BEEN AMENDED BY THAT CERTIFICATE OF CORRECTION EXECUTED BY PAUL A. CUOMO, DATED MARCH 05, 1992, RECORDED ON MARCH 05, 1992 AS INSTRUMENT NO. 1992-133376 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA (11MAP11). ALL DEFINED TERMS USED HEREIN SHALL HAVE THE SAME MEANINGS SET FORTH IN THE DECLARATION REFERENCED BELOW AND IN THE CONDOMINIUM PLAN. PARCEL 2: FOR EACH UNIT DESCRIBED ABOVE, AN UNDIVIDED FEE SIMPLE INTEREST AS A TENANT IN COMMON IN AND TO THE COMMON AREA WITHIN THE BUILDING ENVELOPE IN WHICH THE UNIT DESCRIBED ABOVE IS LOCATED, EQUAL TO THE RECIPROCAL OF THE NUMBER OF UNITS WITHIN SUCH BUILDING ENVELOPE, AS SHOWN ON THE CONDOMINIUM PLAN. PARCEL 3: AN EXCLUSIVE EASEMENT OVER THE PORTION OF THE COMMON AREA DESIGNATED IN THE CONDOMINIUM PLAN AS AN EXCLUSIVE USE AREA APPURTENANT TO THE UNIT DESCRIBED ABOVE, AS APPLICABLE. PARCEL 4: NON-EXCLUSIVE, APPURTENANT EASEMENTS IN AND TO THE ASSOCIATION PROPERTY SHOWN ON THE CONDOMINIUM PLAN, FOR USE THEREOF PURSUANT TO THE TERMS OF THE DECLARATION, SUBJECT TO ANY RESERVATIONS AND EASEMENTS SET FORTH IN THE DECLARATION. For conveyancing purposes only: APN 936-801-13 This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 14 of 14 ALTA Commitment for Title Insurance (8-1-16) California PA2020-009