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HomeMy WebLinkAbout12 - Final Tract Map No. 17763 for Residential and Commercial Development located at 4311 Jamboree RoadTO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: CITY OF NEWPORT BEACH City Council Staff Report March 24, 2015 Agenda Item No. 12 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeachca.gov David Keely, Senior Civil Engineer (949) 644 -3349 Final Tract Map No. 17194 for 24 -Unit Residential Condominium Development located at 5515 River Avenue Consider whether the City Council should approve Final Tract Map No. 17194 for Condominium Purposes of the Echo 56 residential development located at 5515 River Avenue. RECOMMENDATION: a) Review and approve Final Tract Map No. 17194 located at 5515 River Avenue (Staff Report Attachment B) pursuant to Section 19.60.010 of the Municipal Code; b) Review and approve the Subdivision Agreement (Staff Report Attachment E) for Final Tract No. 17194 pursuant to Section 19.36.010 of the Municipal Code, and authorize the City Manager and City Clerk to execute the Subdivision Agreement; and c) Review and approve the required construction securities for Final Tract No. 17194 (Staff Report Attachment F) pursuant to Section 19.36.030 of the Municipal Code, and authorize the Public Works Director to execute and release securities. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Taylor Morrison of California, LLC, a California Limited Liability Company (Property Owner), is proposing a residential condominium development located at 5515 River Avenue. The Echo 56 residential development consists of a 24 -unit condominium subdivision on approximately 1.495 acres of land in the West Newport area at the westerly end of River Avenue adjacent to West Newport Park. 12 -1 Tentative Tract Map No. NP 2007 -001 for the proposed development was approved by City Council on June 10, 2008 (City Council Resolution No. 2008 -53, attached). On June 10, 2014, the City Council approved a modification to the site plan finding that the modified site plan was in substantial conformance with the originally approved design (City Council Resolution No. 2014 -51, attached). The applicant has now submitted the Final Tract Map 17194 for approval and filing in order to construct the residential condominium development. City Council Resolution No. 2008 -53, Condition 32 requires that the applicant provide a construction surety or letter of credit in the form acceptable to the City, guaranteeing the completion of the various required public and private improvements. The applicant has provided bonds in the amount consistent with the Public Works Department's approved cost estimate for the required public and private improvements (attached). The bonds have been reviewed and approved by the City Attorney's Office and Public Works Department. The applicant has also satisfied all applicable Tract Map conditions of approval for the residential condominium development. Per Section 19.60.010 of the Municipal Code, the City Council shall review Final Tract maps. Final Tract map No. 17194 (attached) 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 (attached) to ensure the completion of all required improvements. The map also conforms to all requirements of the Subdivision Map Act and the City's Subdivision Regulations. ENVIRONMENTAL REVIEW: The environmental impacts of the approved project have been addressed in a previously adopted Mitigated Negative Declaration (SCH No. 2008 - 021075) for the project by the City Council on June 10, 2008. An addendum to the Mitigated Negative Declaration was also prepared, in accordance with the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, and adopted by the City Council on June 10, 2014. The final map is within the scope of the previously adopted Mitigated Negative Declaration considering the addendum. Copies of the Adopted Mitigated Negative Declaration and addendum, and supporting documents are available for review online at: www. newportbeachca.gov /cegadocuments NOTICING: This agenda item has been publicly noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Map Attachment B - Final Tract Map No. 17194 Attachment C - City Council Resolution No. 2008 -53 Attachment D - City Council Resolution No. 2014 -51 Attachment E - Subdivision Agreement Attachment F - Securities 12 -2 Tract Map 17194 Location Map e AGA ATTACHMENT '4.,P moo CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 03/24/2015 oil 12-3 ATTACHMENT SHEET 1 OF 4 SHEETS TRACT NO. 17194 AccEPtEO QUD FILED AT THE WEST OF FIR51 A4ERIf.AN TITLE COMPANY LOTS: IN THE CITY OR NEWPORT BEACH, 109so F AREA: 65,109 50. FT. L49$ AC. DaTE of SURVEY BARRY 2014 COUNTY OF ORANGE, STATE OF CALIFORNIA TUBE Glue FEE s ALL OF TENTAIVn TRACT MAP N0, 17194 INSTRUMENT NO BEING A SUBDIVISION OF LOT 104 OF TRACT N0. 3813, IN THE CITY OF BOOK PAGE NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS PER MAP FIND HGUYEN FILED IN BOOK 162, PAGES 11 THROUGH 19, INCLUSIVE OF MISCELLANEOUS COUNTY CLERK- BECORDEB MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BY RALPH W. GUIDA, IV P.L.S. 7076 MARCH 2014 DEPUTY FOR CONDOMINIUM PURPOSES OWNERSHIP CERTIFIC A£, RE IM®LBSIGKD, GRANT ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN HIS LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION ADD DECLARATION CF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LANE AS GREECE SENIOR IS TO TILE CITY AT NEWPORT RECOIL 1. AN EASEMENT FOR INGRESS EGRESS, WATER LINE, SEWER LINE TRASH PICK -OP, EMERGENCY ACCESS AND PUBLIC SEANCE VEHICULAR INGRESS AND EGRESS PURPOSES AS SHOWN AN THIS MAP, 2. AN EASEMENT FAR PEDESTRIAN ACCESS MASSAGES 15 SHOWN ON THIS MAP TRYING ANNOYING O° CALIVNEEWA. LAC, A CALIFORNIA LIMITED LIABILITY COMPANY BV' IT TEE Br NAME: IT TEE A NOTARY PI,PL IC OR OTHER OFFICER COAMLETIDG THIS CERTIFICATE VERIFIES OfLY THE IDENTITY NF THE INDIVIDUAL TWO STAVED THE OCGVNENT TO WHICH THIS CERTfFICTE IS ATTACHED, AND NOT THE IMIR.v LLNESS. ACCURACY, NR VALIDITY OF THAT DOC(MRNT. AD IT CF CALIFORNIA I SO RICH, OF ON BEFORE Mk, A NOTARY FDIC, PERSONALLY APPEARED WON PROVED TO W AN THE PASTS OF SATISFACTORY FACILITY TO BE TIE PERSONAS) KNOWS NAME(S) IS /ARE COLERIDGE TO THE WITHIN INSTRUMENT ITS AIXNOWLEDTEO TO ME THAT AROGE /PROY EXECUTED THE SAME IN INS/ICRI71CIR AUTHWIZ£D CAPACI TY(LES), HER THAT BY H6/1RG/THEIR SALOATWE(S) AN THE INSTRUMENT THE FORENSICS), PR HIS ENTITY UNCEN BEHALF CF WHICH THE PERSONAS) ACTED, EXECUTED THE RESTRICTIONS. I CERTIFY HEADER PENALTY CF ALREADY N4J£R THE LAWS OF THE STATE IN' CALIFORNIA THAT TOP FOREGOING PARAGRAPH IS THUS AND CORRECT. WITNESS MY HAW, CHAIR AGREE MY RiAMALL PLAll OF BI6'WED IS NOTARY BALTIC IN AND FOR SAID STATE m COSMIC MY CAAAAMPE DEN-- _ (NAAk'PRINTEC) MY CONFESSOR N0- NOTARY ACKNOWLEDGMENT A ERA ARCTIC AN OTHER OFFI cR COMPLETING THIS CERTIFICATE FOR "T'S M4Y THE HUNTI TV AF THE OMAN VINVAL WAS SIGNED THE MONSANTO TO WANT THIS -111 IGffi IS ATTACHED. AMC ACT RK TRUTCN.N£SS, ASSOPEACY, OR VALIDITY CF IHAT DTUMENT. STATE OF CAL [FINNISH S DISNEY I ON . BEFORE NS A NOTARY F &.IG PERSONALLY APPEARED WHY PROVED TO A2' IN THE BASIS OF SATISFACTORY EVIDENCE TO BE Tl ASSIS (s) AGUE MAMF(S) IS /ARE SR.SGS= TO RE WITHIN INSTRU!ENT AND ACKNCESSA ST TO MR THAT HOOTE /THEY EXACCALD THIS SAME IN ws /HER /RErR AN UNITIZED CA FACT TY(rE5). AND FLAT BY Hr5/HENTECTTR SIGNOURE(S) INN THE DEPARTMENT THE PERSSORS). OR THE ENTITY ANN BEHALF OF ABACI THE PERSCN(S) ACTED, EXECUTED RR INSTRUMENT. I STAGILY UNDER PENALTY OF FERTILITY PASSAGE THE LAWS OF THE STATE OF CALIFORNIA RAT RE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WI ASTER MY HAND: SLOVP THREE MY SCHOOL DAYS OF LIBRARY AS NDrgrer PUBLIC IN AN) FAR SAID suI£ n Mr couMimwN Exvrcs (NAME GALAXIES) MY CNAAMECW NO NOTE SEE SHEET 2 FOR GAS CONTROL, BASIS OF BEARINGS, DATUTA SEA PARENT, PINAFORE OMISSIONS, EXLSRNG AND NEW EASEMENT NOTES, AND LEGEND SEE SHEET 3 FOR BOUNDARY ESTABLISHMENT AND LOT DETAIL SEE SHEET 4 FOR NEW EASEMENT DETAIL AND PE DETAIL SURVEYOR'S STATEMEN THIS MAP WAS PREPARED BY M£ OR LATER MY DIRECTION AND IS BASED LEON A FIELD SLR✓EY IN LOD40RMAD'CE WITH THE R£CUIREIAENiS OF THE SUPPORTING MAP ACT AND LOCAL NAINANCES AT THE SPOUSAL OF DAVID C. MLGLER OF LORNM & WAR ING ALP, IN AIARCfI 2014. f CAREER, STATE THAI ALL MCMn1ffNI5 AR£ CF THE CHARACTER ADD OCCUPY THE PART ANY INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN 365 DAYS DF LIBERIATLO9 AND THAT SAID ASPERITIES ARE EFFICIENT TO ENABLE RR SURVEY TO BE ABDOMEN. I HEREBY STATE" THAT THIS FINAL MAP SUBSTANTIALLY FINISHED TO TH£ APPR/OLVVVEEEDDD AD CCOAMOOSTRNALLYYAAPPPROVED TENTATIVE MAP. DAP SG9P, 2112175 XI'll 0 Gwmw�s RALPH W. GI TV P.L.S. 7016 DATE YEA PC OF cA'ITA COUNTY SURVEYOR'S STATEMENT: I KR£BY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND PAT ALL MAPPING PROVISIONS OF THE SUBDIVISION TRY ACT HAVE BEEN COMPLIED WITH ADD I AM SATISFIED SAID MAP IS TECHNICALLY CGRR£CT. DATED THIS_G)AY OF 2015. KEVIN R. HILLS, CgAITY SCATNEYOR LS. 660, EXPIRATION DATE 12 -31 -15 SAN CRAIG S. WEHRMAN CHIEF DISPUTE SLPVEYOIE CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP ADD HAVE FIXMD IT TO BE E STANTIALLY IN COMPARABLE WITH THE TENTATIVE MAP, IF REWIRES, AS FILED WIRT AMENDED ATE APPROVED BY THE CITY PLAMSING CdMMISSIDEA THAT ALL PROVISIONS CF TOY CARTIVISIAM MAP ACT ADD CITY SLEOIVISIQN ALTERATIONS HAVE BEEN CYAUD IEC WITH. THIS STATEMENT ACT BE EFFECTIVE AN THE DATE AWAY WHICH TIC STARTS AT GRANGE APPROVES THE MAP AS TICEPACALLY CORRECT. DATED TMS _VAY CF , 2015. MAKER. VL %OSVIC, R.C.£, 61527, EXVIRATIONDATE 6 13012015 CITY ENGINEER CITY OF NEWPORT BEACH CITY CLERK'S CERTIFICA STATE CF CALIFO`NIA ) COUNTY OF ORANGE ) CITY CF NEWPo.4T EEAGH ) PIARSJANT TO SECTION 19.60.010 OF TM" CITY SUBDIVISION DOOR, ADS PHOUi/ANT TO THE PROVISIONS CF SECTILW 664J6(o)OKES NO THE SI/BCIVISION MAP ACT, I HEREBY CERTIFY TINT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY CCLM1WYL OF TM CITY OF ASPAGAT REACH AT A REGULAR ATTITUDE REREDF M1D ON ADD THAI TIERSTMEM SAID CIXTNCIC DID, SY AN MINER ALLY PASSED AND FNTEIkD, APPROVE SAID MAP NW DID ALSO ACCEPT ON PEROT AD THE CITY OF NRW9CRT PEACH 1. AN EASEMENT FOR INGRESS EGRESS, WATER LINE SEWER LINE TRASH PICK -UP, EMERGENCY ACCESS AND PUBLIC SLANDER HERODIAS INGRESS AND EGRESS PI/RPOSES AS CEOICATAT A. AN EASEMENT FOR PEDESTRIAN ACCESS PLgFOSES AS DEDICATED. AND 010 ALSO APPROVE SUB„f0I MAP PASSAGE 70 BHP7 PROVISIONS LF LOCATION 66435 (.)(,)(A) OF THE S,SOrvmPM MAP ACT. DATED THIS DAY CF 2013, LEILATE I. BROWN CITY CIEW, CITY CF NEWPORT SOCIAL DEPUTY COUNTY TREASURER - TAX COLLECTOR'S CERTIFICATE: STATE OF CAL IFO2VIA town OF MANGE I GER£BY CERTIFY THAT ACCORD INCA TO THE RECORDS CF MY OFFICE, THERE ARE AN LIENS AGAINST TIC LAN) SENORITA BY THIS MAP OR ANY PART THEREOF PAN SAID STATE, COUNTY, PAROCHIAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXIS, EXCEPT TAXES CH SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYAT E. AND DO CERTIFY TO THE RECORDER CF CHANGE COw1Y THAT THE PROVISIONS DF THE SUBDIVISION MAP ACT MUST PEEN CaMPLIED WITH REGARDING C£POSITS TO S£ll&£ PAYMENT GF TAXES DR SPECIAL ASSESSMENTS COLLECTED AS TAXES AN PC LAND COVERED BY THIS MAP. SHARI L FASCINATION BC' CINNTY TREAT AE - TAX COLLECTOR DEPUTY TREASURER - TAX INDICTER PURPOSE STATEMENT: THE PASSAGE CF THIS MAP IS TO SURGIVICE 0^k EXISTING PARCEL INTO MC (1) HAPPENED LOT FLAT ANACHRONISM PURCHASE fI SHEET 2 OF 4 SHEETS TRACT NO. 17194 LOTS: 1 NUMBERED IN THE CITY OF NEWPORT BEACH, AREA 65,109 SO. FT. 1.495 AC, DATE OF SURVEY: MARCH 2014 COUNTY OF ORANGE, STATE OF CALIFORNIA ALL OF TENTALVE TRACT MAP NO. 17194 RALPH W. GUIDA, IV P.L.S. 7076 MARCH 2014 FOR CONDOMINIUM PURPOSES BASIS OF BEARINGS LEGEND THE BEARINGS SHOWN HEREON ARE BASED SFN SEARCHED. FOUND NOTHING UPON THE BEARING BETWEEN O.0 S. HORIZONTAL (RI) RECORD DATA OR CALCULATED RECORD DATA CONTROL STATION UPS NO. 6259 AND STATION PER RD DATA 4400. ULA ED 162120-26 . CPS N0. 6286 BEING NORTH 08 17'16" WEST, PER RECORDS ON FILE IN THE OFFICE OF THE (F2) RECORD DATA OR CALCULATED RECORD DATA COUNTY SURVEYOR. PER TRA AT NO. 3EIJ MM. 162111 -i9_ (R3) RECORD DATA PER RECORD OF SURVEY 2007 -7204, R.SE 235147 DATUM STATEMENT (R4) RECORD DATA HER CORNER RECORD 2008 -0794 COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM ACCESS), ZONE N. 1983 HAD (2007,00 EPOCH ROD PUPS ADJUSTMENT), ALL DISTANCES SHOWN ARE GROUND. UNLESS OTHERWISE NOI£0. TO OBTAIN GRID DISTANCES MULTIPLY (,ROUND O /STANCE BY 09999]220 (GPS NO 6286)_ EXISTING EASEMENTS- El A 6,00' WDE EASEMENT TO THE CITY OF NEWPORT BEACH FOR PUBLIC UTILITY, WALKWAY AND INCIDENTAL PURPOSES PER DOCUMENT RECORDED JULY 6, 1972 IN BOOK 10209, PAGE 66, OF OFFICIAL RECORDS (SHOWN ON SHEET 3) Ul A &00' WDE EASEMENT TO SOUTHERN CALIFORNIA £DISON COMPANY FOR PUBLIC UPS'nCS AND INCIDENTAL PURPOSES PER DOCUMENT RECORDED NOVEMBER 25, 1974 IN BOOK 11293. PAGE 1618, OF OFFICIAL RECORDS (SHOWN ON SHEET 3) NEW EASEMENTS' © A VA MARTS WIT EASEMENT FOR INGRESS EGRESS WATER LINE SEWER LINE, TRASH PICK -UP, EMERGENCY ACCESS AND PUBLIC SEROGE VEHICULAR INGRESS AND EGRESS PURPOSES OEWCAT£D TO THE CITY OF NEWPORT BEACH HEREON. (SHOWN ON SHEET 4) 00 A 500 WOE EASEMENT FOR PEDESTRIAN ACCESS PURPOSES DEDICATED TO THE CITY OF NEWPORT BEACH HEREON (SHOW ON SHEET 4) QE A 4.00' WE EASEMENT FOR PEDESTRIAN ACCESS PURPOSES DEDICATED TO THE 0 FY OF NEWPORT BEACH HEREON (SHOWN ON SHEET 4) so%IOZZ PA .1 a _ NOTE: SEE SHEET 3 FOR BOUNDARY ESTABLISHMENT AND LOT DETAIL SEE SHEET 4 FOR NEW EASEMENT DETAIL AND PE DETAIL (RS) RECORD DATA PER RECORD OF SURVEY, ADS, 2J /4J (FE,) RECORD DATA OR CALCULATED RECORD DATA PER TRACT NO. 3162, MM. 9516 -I8 (R7) RECORD DATA PER P.M.B. 45172 (RA) RECORD DATA PER BOOK 11293, PAGE 1618, OF OFFICIAL RECORDS. RECORDED NOVEMBER 25, 1924 0 FOUND MONUMENT AS NOTED A IRRIGATED O CS GAS CONTROL STATION MONUMENT PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR 0 SET 2" I,H TAGGED "LS 7076 ". OR LEAD, TACK & TAG STAMPED 'L .S 7076 OR AN B' SPIKE & WASHER STAMPED "LS, 7076 ". ❑ SET 8" SPIKE & WASHER STAMPED "LS 7076', OR LEAD, TACK & TAG STAMPED "LS 7076 ". ALL MONUMENTS TO HE SET WR N 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTE BOUNDARY OT LINE lw CAN TRICKS D SEMEN TS SIGNATURE OMISSIONS: FORECAST TD SHE PROVISIONS OF SECTION 66436 (a)(J)(A)(0) OF R£ SUBDIVISION MAP ACT. PE FOLLOWING SIGNATURES HAVE SEEN OIAITTER 1, THE CITY OF NEWPORT BEACH, A MUNICIPAL CGPPORATICN DROPS OF AN £ASMENi FOR ALSO IC UTILITY, WALKWAY ADD INCIDENTAL PURPOSES, PREOR EO . y O5, 1972 AS BOOK 1020.9, PACE 66 OF OFFICIAL RECOVER. 2. SGUTIEAV GAL IFOINRA EDIEPN O"PANY, A Cd4PoRATIPN. MYD£R AR AN EASEMENT FOR P1 BLIC UTILITIES ADD INCIDENTAL PROPOSES, RECORDS NOVEMBER 25, 1974 AS SOCK 11293. PACE 1618 CF OFFICIAL RETURNS. J. SF PACIFIC ENTREATIES INC., A DELAWARE TURNRATION HOLDER CF MINERAL RIGHTS PER DEED RECORDED DECEMBER 23, 1992 AS INSTRLNkNT N0. 92- 877302, CF OFFICIAL REC0.PoS. GPS CONTROL MAP NO SCALE Y 1 1 1 1 - - -� RIVER AVENUE -- - 4t --- _ N Is9 wll�9,p5(P� _ ,IS W J (lro1M 31(N 3/4 0/33E) W II /6I1-6GOL aJ 51(AB 03i40BV(Sl ¢ JMH(ON LMNpJ 03/!Ja✓E (ra.zoo0 n =(za wsu J.a[srm xJ 1332115 1332115 HibS 3J� .�ni _ ,rosu3 izezxry H1.4S �� (ra.rzry 3.ocscrr xJ �^°iM�n�-ni Sin$°'1gp J „3 E3g`Y n ^n °�u =$sN� lva6 -ZZ'�3m 3 g eB a$ z 'ID'® 6�' Bbd °Z8'p31 d &M] AI[ xa oz R $ S g (ta "'o l.Or.mY rvf ,11113 ak "zlrry '0 � F�3 <��a tcrog 'mJAAI'wl _ (aa,mce)'caa,'ov a I h ° V A\ \V 1 11 li �Iw _ 133a1S \ m .� tiles `uCg I c. HISS 3JJ 7-1 a i s b y�O m �oPgO°d .il �- p 3 o* poW O61 R �O •F`2_ _ _ _ i..m. °° gdso \D 0 to `3' a1 W F'_ ry p ui Z ad'"�et 00-1 �� 133S Fy O V e °a r Hles �T Zz a �x U yl o &3 P r r 50 O e° p $ O ro 3 F WE w 133a s „ ry/ i a/& o�c"i p M � 8U wwa i W oho \ p W�n y w a 0 gg / 03 yy 'w g x an ueis ul Wk g w v '" wSa ������yl laay wzQw 3� J2 Fell ke w h�v x (CVi/ M1 ng 3nN3AV 3Nflld3N Z � I O U 3p' ].SS9l.SN� ii � to i Q e� OL fi_O(_3'6 N U� 2i U N all � F N a O �rc �I ow I I o E n a q znv 1 Z JZ I 13 6i BLOC N`lu nl C-Y \\ I \IX\ li .UAy yy�..III Q Q J``gb9 3.61,1 N_11 vv�I i' G'Y'I W U O ao W O 5 w > - i r1 -I Hl- V I I r / w' .x �aasase��.�anaaw r�neaaa� i xz x z x x z z z xz w w �ry��n�ak�ah�nry y p,Hn ^^ �M,mah aakkkaaaaaa$aa • ATTACHMENT C FILE COPY RESOLUTION NO. 2008- 53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION (SCH NO. 2008 -021075) & APPROVING TENTATIVE TRACT MAP NO. 2007 -001, MODIFICATION PERMIT NO. 2007 -044, USE PERMIT NO. 2007 -011 AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2007- 001 FOR PROPERTY LOCATED AT 5515 RIVER AVENUE (PA 2007 -100) WHEREAS, an application was filed by Seashore Village, LLC requesting approval of Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No. 2007 -011 and Coastal Residential Development Permit No. 2007 -001, with respect to property located at 5515 River Avenue; and legally described as Lot 105 of Tract 3812, to develop 12 detached, single -unit residential structures and 6 detached, two -unit (duplex) residential structures (24 units total). The site is currently developed with a 54 -unit apartment complex that would be demolished to accommodate the proposed development. Project implementation requires the approval of the following applications: 1) Tentative Tract Map No, 2007 -001 to create a 24 -unit condominium subdivision; 2) Modification Permit No. 2007 -044 to allow encroachments into the required front and side yard setback areas and a reduction in the required distance between detached buildings; 3) Use Permit No. 2007 -011 to allow each of the 6 duplex structures to exceed the City's base height limit; and 4) Coastal Residential Development Permit No. 2007 -001 to ensure compliance with Government Code Section 65590 (Mello Act), which regulates the demolition of low and moderate income (affordable) dwelling, units in the Coastal Zone; and WHEREAS, at a noticed public hearing held on April 17, 2008, the Planning Commission considered the application, plans and evidence, both written and oral, and adopted. a Mitigated Negative Declaration (Sch. No. 2008021075) and approved Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No. 2007 -011 and Coastal Residential Development Permit No. 2007 -001, subject to findings and conditions of approval; and WHEREAS, on April 29, 2008, Mrs. Lennie DeCaro, an adjacent property owner, appealed the Planning Commission's approval citing three main reasons for the appeal: 1) improper notice; 2) improper public hearing; and 3) improper approval; and WHEREAS, a public hearing was held on June 10, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, the Land Use Element of the General Plan sets forth objectives, policies and limitations for development in the City and designates the general 12 -8 • i distribution and location of land uses and residential and commercial densities. The Land Use Element designates the project site as Multiple -Unit Residential (RM) with a maximum development limit of 51 dwelling units. The RM designation is intended. to provide primarily for multi - family residential development and for development containing attached or detached dwelling units. The proposed subdivision is- consistent with this designation; and WHEREAS, the proposed subdivision is consistent with Land Use Policy 5.1.9 that requires multi - family dwellings be designed to convey a high quality architectural character. The project has been designed to be compatible with the development pattern and character of the surrounding neighborhood, which generally consists of two - and three -story, single -unit and two -unit dwellings. Each unit will feature either a "Craftsman" or "Plantation" architectural style. Architectural details and enhancements (i.e, batt and board wood siding, louvered window shutters, decorative trim, and stone veneer) will be provided on all building elevations. The 2nd floor facades are setback from the 1st floor on the rear elevations and cantilevered over the 952 floor on the front elevations, providing articulation and modulation to the building mass. The 3`d floor of each building is setback from the front and rear elevations, towards the interior portion of each building envelope, to reduce the visual mass of the structures as viewed from the streets; and WHEREAS, the proposed subdivision is consistent with Land Use Policy 6.2.9 that requires open space and recreational facilities to be integrated into and preserved in private residential development. A majority of the units have been designed with small (approx. 300 sq. ft.) front patio areas, which are comparable in size to the outdoor living areas of the surrounding residential development within the neighborhood. All units are provided useable and functional 2nd level and 3`d level deck spaces (ranging between 48 and 154 -sq. ft.). West Newport Park, an active recreational park, is located immediately west of the project site and the beach is located approximately 120 feet south of the site; both the park and the beach will provide additional recreational opportunities. A condition of project approval has been included that prohibits any floor area additions to the approved building envelopes, which will preserve open patio and deck areas proposed for each unit and the common landscaped and open space areas; and WHEREAS, the Housing Element of the General Plan sets forth goals and policies to facilitate the attainment of the City's Regional Housing Needs Allucations and to foster the availability of affordable housing to all income levels to the greatest extent feasible. The demolition of the older, non- conforming, 54 -unit apartment complex and development of 24 condominiums, will result in a total reduction of 30 dwelling units. As discussed in the Population and Housing section of the Initial Study prepared for the project, there are approximately 43,851 housing units in the City, of which approximately 5,462 units are vacant. The rental vacancy rate is estimated at 7.7 percent, with approximately 3,337 rental units vacant (American Community Survey 2006). Therefore, the reduction and change in housing type is not considered significant, as there are sufficient existing, rental units available to absorb the displaced 12 -9 0 • rental units. Additionally, Housing Program 1.1.3 requires the replacement of housing demolished within the Coastal Zone when housing is, or has been, occupied by low - income or moderate- income households. A total of 6 rental units have been identified to have been occupied by low - income and moderate- income households, which the applicant will be required to replace at an off -site location with restrictions to maintain their affordability for a minimum of 30 years; and WHEREAS, the Coastal Land Use Plan (CLUP) of the Local Coastal Program sets forth goals, objectives, and policies that govern the use of land and water in the coastal zone and addresses land use and development, public access and recreation, and coastal resources protection in accordance with the California Coastal Act. The proposed subdivision is consistent with the CLUP for the following reasons: The subject property is located within an existing developed area of the coastal zone and the proposed project density of 16.1 units per acre is below the maximum density limit of 30 units per acre established for the RH -A designation of the CLUP. 2. Public services and infrastructure are currently available and serve the proposed development (8" sewer and water lines are located in both the Seashore Drive and River Avenue rights -of -way), and all applicable improvements required by Section 19,28 (Subdivision Improvements) of the Subdivision Code are required to be constructed by the applicant. 3. The proposed development has been designed to comply with all applicable Multi - Family Residential (MFR) development regulations of the City's Zoning Code, including density, floor area, open space, and parking, to insure design compatibility with the surrounding neighborhood. Although deviations from the required setbacks and the base height limit are proposed, these deviations will not result in a site plan that is inconsistent with the character and development pattern of the surrounding residential neighborhood. 4. The proposed project will not impact coastal resources nor the ability of the public to reach, use or view the shoreline of coastal waters or inland coastal recreation areas and trails. 5. The project includes 63 parking spaces; which exceeds the minimum parking requirements of the Zoning Code. 6. Gated vehicular access is prohibited, and as a result, the internal roadway 'will provide unrestricted vehicular access through the project from River Avenue and Neptune Avenue and will not inhibit public access to the beach. The project site is not located near the vicinity of a designated public view point or coastal view road requiring view protection and will not impact any public views or degrade the visual qualities of the coastal zone. 12 -10 0 WHEREAS, subject property is located 'within the Mufti- Family Residential (MFR) Zoning District . The proposed detached, single -unit and two -unit residential structures are permitted uses within this zoning designation. With the exception of the increased setback encroachments, reduction in the minimum distance between buildings, and building height increase, all of the applicable development regulations of the MFR zoning regulations have been met; and WHEREAS, Section 20.93.030 (Modification Permits) of the Newport Beach Municipal Code requires findings and facts in support of such findings for approval of a modification permit for the encroachments into the required 20 -foot front yard setbacks and 25 -foot side yard setbacks, and deviation from the minimum 10 -foot building separation. Such findings and facts to support such findings are as follows: Finding: The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding:. a. While the MFR District permits the proposed single -unit and two -unit residences, the development setback and building separation standards were intended to apply to larger, multiple -unit buildings, such as the 3 -story, 54 -unit apartment building that exists on -site today. The legislative intent of required setbacks is to ensure adequate light, air, privacy and open space for each dwelling unit. Given that a larger, single structure building would result in more visual and physical massing, a larger setback would be preferred for that development type. b. The applicant has proposed 24 single -unit and two -unit residences designed to appear as if they were situated on individual 30- foot -wide lots and setbacks comparable to surrounding R -1 and R -2 lots. Utilizing the R -1 and R -2 development standards as a guide for determining acceptable setbacks and building separation is appropriate in this case. c. Given that the MFR District permits the proposed detached development, but doesn't provide corresponding development standards, strict application of the Code would result in a physical hardship that is inconsistent with the intent of the Code. 2. Finding:. The requested modification will be compatible with the existing development in the neighborhood. Facts in Support of Finding; The proposed project has been designed to appear as if each unit is situated on a 30- foot -wide lot with setbacks comparable to the surrounding R -1 and R -2 lots. Those reductions in the setbacks and, building 12 -11 separation to accommodate the smaller detached, residential units arguably results in a site plan that is more compatible and consistent with the historic development pattern of the area rather than a single, larger apartment - complex. The following facts support compatibility of the proposed project.with the existing neighborhood: R -1, R -2, and 30 to 40- foot -wide MFR lots only require 3 to 4 -foot side yard setbacks. The proposed 6 -foot separation between buildings within the project is consistent with the required 3 -foot side yard setbacks of many of the 30 -foot wide lots in the surrounding neighborhood, which results in a total distance of 6 feet between buildings: b. The proposed project is designed to appear as if each unit is situated on a 30- foot -wide lot, the setbacks provided to the east property line are consistent and compatible with the required 3 -foot side yard setbacks of the surrounding 30- foot and 40- foot -wide lots in the neighborhood. The single -unit building fronting. Seashore Drive that is proposed to encroach 21 feet into the required side yard setback adjacent to the east property line will maintain a 4 -foot setback. The duplex unit fronting River Avenue that encroaches 17.5 feet into the required side yard setback adjacent to east property line will maintain a 7:5 -foot setback. c. The 6 single -unit structures adjacent to West Newport Park are proposed to ,encroach 15 feet into the required side yard setback, maintaining a 10 -foot setback to the property line. Due to the orientation of these units, this setback area is equivalent to their front yards and is consistent with the majority of the front yard setbacks in the immediate vicinity of this project that range between 0 and 10 feet. The 6 units fronting Seashore Drive are proposed to encroach 10 feet into the required 20 -foot setback, maintaining a 10 -foot setback to the property line. The proposed 10- foot.setback exceeds the required 0 to 5 400t front yard setbacks that are required on a majority of the properties fronting Seashore Avenue in the immediate vicinity of this project. e. The 6 duplex structures and 1 single -unit structure adjacent to River Avenue are proposed to encroach between 5 and 10 feet into the required 20 -foot setback; maintaining a minimum 10 to 15 -foot setback to the property line. These proposed setbacks are consistent with, or exceed, the required 5 to 10 -foot front yard setbacks that are required on a majority of the other existing properties fronting River Avenue in the immediate vicinity of this project. 3. Finding: The granting of such an application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. 12 -12 • i Facts in Support of Finding: a. The project has been designed to include setbacks comparable to the setback requirements of the surrounding R -1 and R-2 lots. Similar setback and distancing requirements are common throughout the City and have not proven detrimental. b. To minimize the impact of building heights on the neighboring R -2 properties, a condition of project approval has been included requiring the two structures that encroach into the side yard setback area immediately adjacent to the east property line to incorporate hip roof features. WHEREAS, the site is located in the 28/32 -foot height limitation zone that permits buildings and structures to exceed the 28 -foot height limit up to a maximum of 32 -feet through the approval of a use permit. Ridges of pitched roofs are permitted to exceed the height limit by 5 additional feet. The proposed project exceeds the 28 -foot base height limit. The proposed roof midpoints of the 6 duplex buildings are at 28 feet 10 inches, as measured from the •finished pad elevation. The ridges of the buildings are comforming with a height of approximately 31 feet 4 inches measured from the finished pad elevation. Section 20.65.055 of the Zoning Code requires the Planning Commission to make certain mandatory findings in order to approve a use permit to exceed the base height limit. Such findings and facts to support such findings are as follows: Finding: The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, the percentage of ground cover, and the treatment of all setback and open areas. Facts in Support of Finding: a. The 6 duplex units that are proposed to exceed the 28 -foot base height limit have been designed with low- pitched gable roof lines, resulting in a maximum midpoint elevation of 28 feet 10 inches (10 inches over the maximum limit) and a maximum ridge elevation of 31 feet 4 inches (1 foot 8 inches under the maximum ridge limit). b. A conforming roof plan can easily be accomplished by designing a taller structure with longer roof spans, thereby lowering the midpoint below the 28- foot limit. This quirk in the City's method of measuring roof midpoints results in conforming roof midpoints but increases the overall height of the building to the maximum 33- foot.ridge limit. Therefore, the 10 -inch height increase to the midpoint allowance actually results in a 1 -foot 8 inch overall height reduction of the proposed buildings, resulting in increased public visual open space and views than could otherwise be afforded with a conforming roof plan. 12 -13 • • c. A single, large multiple -unit building that conforms to the minimum setbacks and maximum height could be constructed, which would likely result in a more visually massive and bulky structure. Such a project could result in a 63 percent total maximum lot coverage. The proposed project, with 18 smaller detached single -unit and two -unit structures results in a substantially smaller 36 percent lot coverage. This reduction in lot coverage not only increases the public visual open space and view opportunities through 'the site, but also allows for increased landscaping of the site, which is proposed at 28 percent of the lot (the existing development of the site provides only 14.4 percent landscaping). 2. Finding: The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone, Facts in Support of Finding: a. The low- pitched gable roof lines result in building heights that are generally more compatible with the heights and architectural styles of the development in the surrounding neighborhood. b. The design of a conforming roof plan results in increased overall building heights and visual massing as viewed from the street elevation and also results in less desirable architectural treatment of the side elevations, with more drastic roof lines that are less visually appealing. 3. Finding: The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. Facts in Support of Finding: a. The proposed street facing elevations will be scaled down by concentrating the highest portions of the building mass away from the street frontages.. Through this design, the front and rear masses of the buildings are minimized and allow more light and ventilation to the immediate neighbors. I b: With the exception of the existing R -2 properties to the east, the project site is separated from other uses by River Avenue, Seashore Drive, and the West Newport Park. This separation, in conjunction with the design of the buildings to limit the bulk and mass of the third floor to the center of the lots, eliminates any undesirable or abrupt scale relationships between the project and existing developments. 12 -14 • i c. A condition of approval has been included to minimize the impact of building heights on the neighboring R -2 properties, requiring the roofs of the two structures that encroach into the side yard setback area, immediately adjacent to the east property line, to slope away from the R -2 properties with use of hip roof features. 4. Finding: The structure shall have no more floor area than could have been achieved without the use permit. Facts in Support of Finding: a. The proposed floor area ratio for the project is 1.23 FAR, which is below the maximum of 1.75 FAR; therefore the project does not achieve any additional floor area due to the additional height: b. The additional allowance in height only affects roof lines and results in an architecturally superior product than would be achieved through a roof design that conforms to the height limit. WHEREAS, the applicant is requesting the approval of a tentative tract map, for condominium purposes, to create 24 airspace condominium units Pursuant to Section 19.12.070 of the City Subdivision Code, certain findings and facts in support of such findings shall 'be made for approval of a tentative tract map. Such findings and facts to support such findings are as follows: 1. Finding: That the proposed map and the design or improvements of the subdivision are consistent with 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: a, The project is consistent with the Multiple Unit Residential General. Plan designation of the site. b. The Public Works Department has reviewed the proposed tentative map and believes it is consistent with the Newport. Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. c. Conditions of approval have been included to ensure compliance with Title. 19. 2. Finding: That the site is physically suitable for the type and density of development. 12 -15 • Facts in Support of Finding: a. The existing site is entirely developed and does not support any environmental resources. b- The site is relatively flat and based on the geologic investigation performed for the site, no signs of unstable or expansive soils are evident, nor is the site subject to erosion. c. The geologic investigation revealed that the underlying soil of the site has a significant liquefaction potential if subject to heavy vibration; however, mitigation measures have been incorporated, as recommended by the site - specific geotechnical investigation, that will reduce impacts to a less than significant level. d. The site is currently developed with multiple- family dwelling units at a density greater than that proposed. I Finding: 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 Califomia 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: A Mitigated Negative Declaration has been prepared and concludes that no significant environmental impacts will result with proposed development of the site in accordance with the proposed subdivision map. 4. Finding: 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 a. The project consists of 24 residential units as permitted by the Zoning Code and the General Plan. b. No evidence is known to exist that would indicate that the planned subdivision pattern will generate any serious public health problems. c. All mitigation measures will be implemented as outlined in the Mitigated Negative Declaration to ensure the protection of the public health. 12 -16 • 5. Finding: 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: a. An easement through the site will be retained by the City to ensure access rights for public emergency and security ingress /egress, public utility purposes; and weekly trash pick -up. b. .A 6 -foot sidewalk easement currently exists along the Seashore Drive frontage and the applicant is required to construct full -width sidewalks. c. No other ,public easements for access through or use of the property have been retained for use by the public at large. Public utility easements for utility connections that serve the project site are present and will be .modified, if necessary, to serve the proposed project. 6. Finding: That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: The site is not subject to a Williamson Act contract. 7. Finding: 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. Facts in Support of Finding: The subject property is not located within the boundaries of a specific plan. 12 -17 • 11 8. Finding: That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: a. Title 24 of the Uniform Building Code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. b. The Newport Beach Building Department will enforce Title 24 compliance through the plan check and field inspection processes for the construction of any future proposed residences. 9. Finding: That the subdivision is consistent with Section 6641.2.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the Citys share of the regional housing need and that it balances the housing needs of the, region against the public service needs of the City's residents and available fiscal ,and environmental resources. Facts in Support of Finding: a. To compensate for the demolition of 6 units currently occupied by persons of lower or moderate income, the applicant will be required to replace the units at an off -site location within the City for a minimum period of 30 years. b. Public services are available to serve the proposed development of the site and the Mitigated Negative Declaration prepared for the project indicates that the project's potential environmental impacts are expected to be less than significant. 10. Finding: 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: a. Waste discharge into the existing sewer system will be consistent with the existing residential use of the property and does not violate Regional Water Quality Control Board (RWQCB) requirements. b. Sewer connections have been conditioned to be installed per City Standards, the applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the latest, revision of the Uniform Plumbing Code. 12 -18 • • 11. Finding: 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 Finding: a. The project has been designed and conditioned for consistency with the City's Local Coastal Program Land Use Plan. b. The project site is not located adjacent to the shoreline of the Pacific Ocean and is not presently developed with coastal - related uses, coastal- dependent uses or water - oriented recreational uses. WHEREAS, Chapter 20.86 of the Zoning Code (Low and Moderate Income Housing within the Coastal Zone) requires the processing of a coastal residential development permit (CRDP) to ensure compliance with Govemment Code Section 65590 (commonly known as the 1982 Mellow Act). The Mellow Act prohibits the City from approving the demolition or conversion of existing housing units occupied by low - or moderate- income households located within the Coastal Zone, unless provisions are made for their replacement with new affordable units. If feasible, all or any portion of the replacement units must be located on the site of the demolished structure or elsewhere in the Coastal Zone. If location on -site or within the Coastal Zone is not feasible; the units must be located within three miles of the Coastal Zone's inland boundary; and WHEREAS, based on an income survey performed in June of 2007 by the Las Brisas property manager, Allen Properties, it was determined that a total of 6 units in the existing apartment complex are occupied by low- and moderate - income households. It has been determined to be feasible for the applicant to commit $1.35 million which the applicant will use to provide a minimum of 6 affordable housing units at an off -site Iodation, or locations, for a minimum period of 30 years; and WHEREAS, an Initial Study and Mitigated Negative Declaration. (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines; and, City Council Policy K -3. The Draft MND was circulated for public comment between February 21 and March 21, 2008. Comments were received from the Southern California Gas Company, Native American Heritage Commission, Lennie DeCaro, California Department of Transportation, and Department of Toxic Control Substances. The contents of the environmental document, including comments on the document,, have been considered in the various decisions on this project; and WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally;. there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigated Monitoring and Reporting 12 -19 • • Program are feasible and reduce potential environmental impacts to a less than significant level; and WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger; and NOW THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis. The City Council hereby adopts. Mitigated Negative Declaration SCH No. 2008- 021075, including the Mitigation Monitoring and Reporting Program attached as Exhibit "A ". The document and all material, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California Section 2. Based on the aforementioned findings, the City Council hereby approves Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No. 2007 -011 & Coastal Residential Developm94 Permit No. 2007 -001, all subject to the Conditions of Approval in Exhibit "B" attached Oreto and mooereof. PASSED, APPROVED AND ADOPTED THIS CITY CLERK MAYOR 12 -20 • • Exhibit "A" SEASHORE VILLAGE RESIDENTIAL PROJECT MITIGATION MONITORING PROGRAM (SCH# 2008021075) CITY OF NEWPORT BEACH Seashore Village 1. The construction contractor for the property During construction City's Project ownerldeveloper shall implement additional dust Manager in control measures during demolition as follows: coordination with The project contractor shall apply nontoxic the Project chemical dust suppressants (e.g., polymer Construction emulsion) to buildings being demolished to Contractor reduce fugitive dust from active demolition activities. The project contractor shall prohibit demolition activities when wind speed exceeds 25 miles per hour. The project contractor shall install a temporary construction fence and silt barrier around the construction site as shown in the Construction Staging and Water Quality Control Plan submitted to the City of Newport Beach for approval. The project contractor shall install construction tire wash areas at the entrance to the project site on River Avenue and Neptune Avenue. All construction clean -up shall be done in construction sediment basins. The co nstruction tire wash area shall be installed in accordance with the Construction Staging and Water Quality Control Plan submitted to the City of Newport Beach for approval. The contractor will sweep adjacent streets and roadsa minimum of once per week. Material haul trucks leaving the project site will have their loads either covered or maintain a freeboard distance of two feel from the stacked load to the top of the trailer. cultural Resources 2. Prior to approval of a grading plan, the property Preconstruction City's Project owner /developer shall submit a letter to the Manager in Planning, Department, Planning Division, coordination with showing that a qualified archaeologist has been the Project hied to ensure that the following actions are Construction implemented: Contractor The archaeologist must be present at the pregrading conference in order to establish procedures for temporarily halting or 12 -21 Mitigation Monitoring Mitigation Measure Phase of Implementation Responsible Monitoring Party Completion Datellnitials redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, . grading shall be diverted around the area until the monitor can survey the area. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to When the final report will be submitted - 3. The property owner /developer shall submit a Preconstruction City's Project letter to the Public Works /Engineering Manager in Department,. Development Division, and the coordination with Planning Department, Planning Division, the Project showing that a certified paleontologist has been Construction hired to ensure that the following actions are Contractor implemented: The paleontologist must be present at the pregrading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils. If potentially significant materials are discovered, the paleontologist shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. tf any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. 12 -22 L Seashore Village Mitigation Monitorinv Proaram Miti ation Measure Phase of implementation Responsible Monitoring Party, Completion Datellnitials Afinal report detailing the findings and Manager in disposition of the specimens shall be coordination with submitted. Upon the completion of the the Project grading,,the paleontologist shall notify the Construction City as to when the final report will be Contractor submitted. Geology and Solis 4. During construction, the construction manager During construction City's Project shall ensure that measures listed in the Manager in geotechnical investigation (EGA Consultants, coordination with 2007) or equivalent measures are implemented the Project to minimize the effects of liquefaction. The Construction measures shall include but are not limited to: Contractor Tie all pad footings with grade beams. All footings should be a minimum of 24 inches deep, below grade. Continuous footings should be reinforced with two No. 5 rebar (two at the top and two at the bottom). Concrete slabs cast against properly compacted fill materials shall be a minimum of 6 inches thick (actual) and reinforced with'No: 4 rebar at 12 inches on center in both directions. The reinforcement shall be supported on chairs to insure positioning of the reinforcement at mid-center in the slab.. • Dowel all footings to slabs with No. 4 bars at 24 inches on center. Hazards and Hazardous Materials 5. Prior to demolition activity, a certified and Prior to demolition City's Project licensed asbestos abatement contractor shall Manager in perform any removal of asbestos containing coordination with material (ACM). Also, an industrial hygienist the Project must be present to perform engineering control Construction and regulatory asbestos air monitoring during Contractor any abatement activity. Noise 6. Demolition of the existing asphalt with a During construction City's Project jackhammer within eight feet of the existing Manager in residential strictures to the southeast of the site coordination with shall be prohibited. The construction contractor the Project shall utilize alternative asphalt demolition Construction methods such as a concrete saws and other Contractor nonvibralory construction equipment to remove the pavement. 12 -23 Exhibit "B" Conditions of Approval Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No. 2007 -011 & Coastal Residential Development Permit No. 2007 -001 (Project- specific conditions are in italics) Planning Department 1. The development shall be in substantial conformance with the plans stamped with the date of this approval, except as modified by other conditions. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3; The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. Project approvals shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. 5. The applicant shall obtain a Coastal Development Permit from the California Coastal Commission prior to the issuance of any building or grading permit for the project: 6. With the exception of the height modifications required per Condition No. 7, the floor plans and building envelopes for each unit are approved as precise plans and future floor area additions to the building envelopes shall be prohibited. The proposed open patio and deck areas for each unit shall not be permitted to be enclosed and the landscape and open space areas proposed throughout the development site shall be preserved. 7. The two structures that encroach into the side yard setback area immediately adjacent to the east property line shall be modified to incorporate design features (hip features) to minimize building height impacts on the adjacent properties. The applicant shall replace at least 6 affordable units within 3 years of the date of issuance of a demolition permit. The units may be provided off -site at an approved location, or locations, within the City. An amount not to exceed $1.35 million shall be provided by the applicant and the applicant shall use such funds to replace at least 6 affordable units and to achieve a mix of income levels and bedroom counts, as determined appropriate by the Planning Director.. The applicant shall enter into an agreement with the City to provide said units. The agreement shall be reviewed and approved by the City Attorney and shall be executed and recorded prior to the issuance of a demolition permit for the project. 12 -24 • • 9. Any very-low and low - income units provided in accordance with Condition No. 8 shall be maintained as rental units for minimum period of 30 years. Any moderate income units should be provided as "for - sale" units with a. covenant maintaining the affordability for a minimum period of 30 years. 10. Gated vehicular access through the site shall be prohibited. 11.. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" tpe fixtures are not permitted. Parking area lighting .shall have zero cut -off fixtures and light standards shall not exceed 24 feet in height. 12. 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 Planning Director, the illumination creates an unacceptable . negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 13. Prior to the issuance of a building permits, the applicant shall prepare photometric study in conjunction with a. final lighting plan for approval by the Planning Department. 14. Prior to issuance of the certificate of occupancy or final of' building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare specified in conditions of approval Nos. 12,& 13. 15.All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 16: Trash container storage for the individual units shall be screened from view of neighboring properties and public places, except when placed for pick -up.by refuse collection agencies. Trash containers shall nut be located within the required parking areas. 17.AII landscape materials and landscaped areas shall be installed and 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. 12 -25 • 0 18. 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 Department and the General Services Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 19. Reclaimed water shall be used whenever available, assuming it is economically feasible. 20. To the fullest extent permitted by law, applicant shall indemnity, 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 Seashore Village Residential Development Project including, but not limited to, the approval of Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No. 2007 -011 & Coastal. Residential Development Permit No. 2007 -001; and /or the City's related California Environmental Quality Act determinations, the certification of the Mitigated Negative Declaration and /or the adoption of a Mitigation Monitoring Program for the project. 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. Building Department 21.The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. 22.The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. 12 -26 23. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 24. Prior to the issuance of the grading permit, the applicant shall obtain a NPDES permit. The applicant shall incorporate storm water pollutant control into erosion control plans using BMPs to the maximum extent possible. Evidence that proper clearances have been obtained through the State Water Resources Control Board shall be given to the Building Department prior to issuance of grading permits. 25. Prior to issuance of grading permits, the applicant shall prepare and submif a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department 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. 26.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 trick 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. Fire Deoartment 27. The internal roadway shall be marked as a fire lane, per the direction and approval of the Fire Department. Public Works Department 28. A Final Tract Map (Map) shall be filed with the Public Works Department. 29.The Map shall be prepared on the California coordinate system (NAD88). 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 12 -27 • • to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 30. Prior to recordation of the Mao, the surveyor /engineer preparing the Map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer: Monuments shall be protected in place if installed prior to completion of construction project. 31. All applicable City fees shall be paid prior to the processing of the Map. 32. Construction surety in a form acceptable to the City, guaranteeing the completion of the various required public improvements, shall be submitted to the Public Works Department prior to issuance of the Public Works Department approval of building plans. 33. Easements for weekly trash pick -up by City crews shall be dedicated as part of the Map. 34. Easements for public emergency and security ingress /egress, and public utility purposes on private streets shall be provided to the City. 35.All improvements shall be constructed as required by Ordinance and the Public Works Department. 36.A new full -width sidewalk shall be constructed within the limits of the existing Utilities and Sidewalk easements along Seashore Drive fronting the project site. Existing City street trees shall be removed to accommodate the sidewalk construction.. 37. New City- designated street trees shall be planted along the River Avenue frontage. All street trees shall be planted per City Standards and guidelines provided by the City General Services Department. 38. All existing drainage facilities in the public right -of -way shall be retrofitted to comply with the City's on -site non -storm runoff retention requirements. 39. On-site runoff shall be retained on -site. 40. Private storm drain piping shall not connect directly to the City's storm drain catch basin. 41.All on -site utilities shall be owned, operated, and maintained by the community/association. 12 -28 L] 42. Each unit shall be served by its individual water cleanout. Each water meter and sewer cleanout in be installed with.a traffic -grade box and cover. • meter and sewer lateral and the vehicular traveled -way shall 43. Individual water services per City Standards shall be provided in lieu of manifolds. 44. All on -site parking, vehicular and pedestrian circulation systems shall be reviewed by the City Traffic Engineer. 45. The parking layout shall be in conformance with City Standard 805 -L -A and 805 -L -B. 46.An ADA compliant public pedestrian pathway, from River Avenue to Seashore Drive, shall be provided through the development site. 47. The vehicular pathways shall be designed to support a fully loaded large trash truck. 48.Adequate turning radii and width shall be provided for large trash truck travel paths. 49.All improvements (including,, but not limited to, the landscaping in the parking lot area and ingress /egress points to the development site) shall comply with the City's sight distance requirement (City Standard 110 -L). 50. All abandoned driveway approaches shall be removed per City Standard 165 -L 51.AI1 new driveway approaches shall comply with Council Policy L -2 and constructed per City Standards. 52. Reconstruct any existing broken /damaged sidewalk, curb and gutter fronting the development per City Standards. 53. No permanent structures can be built within the limits of the Utilities and Sidewalk easement. 54. The construction work cannot impact the free flow of pedestrian and vehicular traffic between Memorial Day and Labor Day. The staging and parking of all construction- related equipment and vehicles shall take place on -site, and NOT in the public right - of -.way or, City property. 55.A# utility service connections, serving this development shall be made underground. 56. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way may be required at the discretion of the Public Works Inspector. 12 -29 57. The streets surrounding the project site is on the City's street/alley-cut Moratorium List. Any damage done to said roadways by the project will require substantial pavement repair work to be fully paid for by the Developer. 58.An encroachment permit is required for all work activities within the public right -of- way. 59.An encroachment agreement shall be applied for and approved by the Public Works Department for all non- standard private improvements within the public right -of -way. 60. The intersection of the internal roadways with River Avenue shall be designed to provide adequate sight distance per City of Newport Beach Standard Drawing STD- 11 O-L. Slopes, landscaping, walls, signs and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height and the monument identification sign must be located outside the line of sight cone. The sight distance may be modified at non- critical locations, subject to approval by the Traffic Engineer. 61. The internal roadway shall be a minimum of 26 feet wide, unless otherwise approved by the Traffic Engineer. The internal roadway shall align with Neptune Avenue. The internal roadway curb cut on River.Avenue shall be 26 feet wide minimum and modified to comply with current ADA standards. 62. Guest parking stalls shall be 8.5 feet by 17 feet minimum. Parking stalls adjacent to walls or other obstructions shall be 9- foot -wide minimum. 63:0n -site parking, vehicular circulation and pedestrian circulation system shall be subject to further review by the City Traffic Engineer. 64. The California Vehicle Code shall be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 65. Prior to recordation of the Map: park dedication fees for 24 dwelling units shall be paid in accordance with Chapter 19.52 of the Newport Beach Municipal Code. This fee shall be paid at the time the map is submitted to the Public Works Department for plan check. Mitigation Measures 66. The applicant shall comply with all mitigation measures and standard conditions contained within the approved Mitigation Monitoring and Reporting Program of the adopted Mitigated Negative Declaration (SCH No. 2008 - 021075) for the project. 12 -30 0 STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2008 -53 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of June 2008, and that the same was so passed and adopted by the following'vote, to wit: Ayes: Henn,, Rosansky, Daigle, Webb, Curry, Gardner, Mayor'Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this I Ith day of June 2008. (Seal) City Clerk Newport Beach; California 12 -31 ATTACHMENT D RESOLUTION NO. 2014 -51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND FINDING MODIFIED PLANS TO BE IN SUBSTANTIAL CONFORMANCE WITH THE DESIGN APPROVED BY TENTATIVE TRACT MAP NO. NT2007 -001 (COUNTY TENTATIVE TRACT MAP NO. TTM 17194), MODIFICATION PERMIT NO. MD2007 -044, USE PERMIT NO. UP2007 -011 AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. CR2007 -001 FOR THE ECHO PROJECT LOCATED AT 5515 RIVER AVENUE BEACH (FORMERLY SEASHORE VILLAGE) (PA2014 -005) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On June 10, 2008, the City Council adopted Resolution No. 2008 -53 approving the Seashore Village project, a 24 residential condominium development located on a 1.49 -acre site at 5515 River Avenue, and legally described as Lot 105 of Tract No. 3812; and 2. The site is currently developed with a 54 -unit apartment complex that would be demolished to accommodate the proposed development. Project approvals included the following: a. A tentative tract map to create a 24 -unit condominium subdivision; b. A modification permit to allow encroachments into the required front and side yard setback areas and a reduction in the required distance between detached buildings; c. A use permit to allow the 6 duplex structures to exceed the City's base height limit; and d. A coastal residential development permit (CRDP) to ensure compliance with Government Code Section 65590 et seq. (Mello Act), which regulates the conversion and /or demolition of low and moderate income (affordable) dwelling units in the coastal zone. 3. The applicant seeks to change the approved Seashore Village project to: 1) reconfigure the site plan and landscape plan; 2) eliminate the duplex product type; and 3) change the floor plans and architecture to a contemporary design. The applicant requests the determination that the proposed modifications consist of minor changes and are within substantial conformance with the 2008 approval; and 12 -32 City Council Resolution No. 2014 -51 Paoe 2 of 10 4. The subject property was previously located within the MFR (Multi - Family Residential) Zoning District. The current Zoning Code designates the site RM (Multi -Unit Residential). The General Plan Land Use Element category RM (Multiple -Unit Residential). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RM -D (Multiple Unit Residential). 6. A public hearing was held by the Planning Commission on April 3, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; and 7. The Planning Commission unanimously voted to adopt Resolution No. 1941 finding that the modified plans are in substantial conformance with the project approved. 8. On April 17, 2014, Mrs. Lennie DeCaro, an adjacent property owner, filed an appeal of the Planning Commission's decision. 9. A public hearing was held by the City Council on June 10, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing; and SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. A Mitigated Negative Declaration (SCH No. No. 2008021075) (Adopted MND) was prepared for the project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The document was made available for public review and comment during a 30 -day review period beginning on February 20, 2008, and ending on March 20, 2008, and subsequently approved by the City Council on June 10. 2008. 2. Pursuant to CEQA Guidelines Sections 15162(b), 15164(b), if changes occur to a project or its circumstances, or if new information becomes available after the negative declaration was adopted, an addendum to a negative declaration may be prepared when the City, is not required to prepare a subsequent negative declaration or environmental impact report to review the changes or new information. 3. Upon receipt of the application for a substantial conformance determination, the City of Newport Beach prepared' an Addendum to the Adopted MND for the project, consistent with the requirements of CEQA. 4. After thoroughly considering the Adopted MND, and the public testimony and written submissions, if any, of all interested persons desiring to be heard, the City Council finds the following facts, findings, and reasons to support adopting the Addendum: 12 -33 City Council Resolution No. 2014 -51 Paqe 3 of 10 a. The modified project is consistent with and implements the General Plan. b. The Adopted MND reviews the existing conditions of the City and project vicinity; analyzes potential environmental impacts from implementation of the development; and identifies mitigation measures to reduce potentially significant impacts from implementation of the development. C. The modified project does not increase development density or associated impacts beyond the levels considered in the Adopted MND. d. Since the adoption of the MND in 2008, no substantial changes have occurred with respect to the circumstances under which the MND was adopted for the project. e. Since the adoption of the MND in 2008, no substantial changes to the environmental setting of the project site have occurred. f. Since the adoption of the MND in 2008, no new information of substantial importance has become available that was not known and that could not have been known with the exercise of reasonable diligence at that time of adoption. Thus, no new information indicates that: (A) The project will have one or more significant effects not discussed in the Adopted MND; (B) Significant effects from the project will be substantially more severe than identified in the Adopted MND; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the City declines to adopt the mitigation measures or alternatives; or (D) Mitigation measures or alternatives that are considerably different from those analyzed in the Adopted MND would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measures or alternative. g. Since no substantial changes to the circumstances or environmental setting have occurred, and since no new information relating to significant effects, mitigation measures, or alternatives has become available, the project does not require additional environmental review, consistent with CEQA Guidelines Section 15162. h. Based on these findings, the Adopted MND and Addendum, the City Council has determined that no subsequent MND or environmental impact report is required or appropriate under CEQA Guidelines sections 15162 and 15164. 12 -34 City Council Resolution No. 2014 -51 Pace 4 of 10 The Addendum therefore satisfies CEQA's environmental review requirements for the project as proposed by the applicant. i. The Addendum, which the City prepared to evaluate whether the modified project would cause any new or potentially more severe significant adverse effects on the environment, specifically analyzed, in addition to several other potential impacts, potential impacts related to aesthetics and climate change. Based on the facts and analysis contained in the Addendum, the City Council finds that the modified project will not have, when compared to the Adopted MND, any new or more severe adverse environmental impacts, including, without limitation, no new or more severe significant adverse impacts related to aesthetics or climate change. k. The modified project will not result in any new or more severe significant impacts which are individually limited, but cumulatively considerable, when viewed in connection with planned or proposed development in the immediate vicinity. These factual findings are based on the Adopted MND, Addendum, and all documents referred in or attached to it, the submissions of the applicant, the records and files of the City's Community Development Department related to the project, and any other documents referred to or relied upon by the City Council during its consideration of the project on June 10, 2014. M. The City Council has considered the Adopted MND and the Addendum, and has concluded that the Addendum reflects the independent judgment of the City. n. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. The applicant has proposed revisions to the approved plans for the project. Pursuant to Condition of Approval No. 1, the project design changes shall be in substantial conformance with the approved plans. Pursuant to Section 20.54.070 (Changes to an Approved Project), the Community Development Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use, without a public hearing, and waive the requirement for a new permit application. In this case, the Community Development Director referred the determination as to whether the proposed changes are minor to the Planning Commission for review and final action. The City Council held a public hearing to review an 12 -35 City Council Resolution No. 2014 -51 Paqe 5 of 10 appeal of the Planning Commissions' decision and finds that the proposed 24 -unit condominium development remains in substantial conformance with the approved plans of Tentative Tract Map No. NT2007 -001 (County .Tentative Tract Map No. TTM 17194), Modification Permit No. MD2007 -044, Use Permit No. UP2007 -011 and Coastal Residential Development Permit No. CR2007 -001 because the changes: Finding: A. Are consistent with all applicable provisions of this Zoning Code Facts in Support of Finding: A -1. The project was originally approved under the previous Zoning Code and located within the MFR (Multi - Family Residential) Zoning District. The current Zoning Code designates the site RM (Multi -Unit Residential). The proposed 24 -unit detached condominium development continues to be consistent with the permitted land uses identified in the previous MFR and current RM Zoning Districts and with the approved number of units pursuant to Tentative Tract Map No. NT2007 -001. The project also remains below the maximum 54 -unit development limit and the 1.75 floor area limit (FAL) applicable to the site. The approved project maintained a 1.23 FAL (50,706 square feet) and the revised project maintains a 1.24 FAL (50,916 square feet). A -2. The previous Zoning Code limited heights of flat roofs, deck rails, and midpoint of sloping roofs to a maximum of 28 feet and a ridge height for sloping roofs to a maximum of 33 feet. The approved project required a use permit to allow the midpoint of the 6 duplex units to exceed the maximum 28 -foot midpoint height limit; however, midpoint limitations have been eliminated from the current Zoning Code and replaced with a minimum 3:12 pitch requirement for sloping roofs. The current Zoning Code limits heights of flat roofs and deck rails to 28 feet and sloping roofs with a minimum 3:12 pitch to a 33 feet. The revised project plans comply with allowed building heights of the current Zoning Code; therefore, Use Permit No. UP2007 -011 is no longer applicable. A -3. The previous Zoning Code required a front setback of 20 feet adjacent to River Avenue, a front setback of 20 feet adjacent to Seashore Drive, and side setbacks of 25 feet adjacent to the east and west property lines. The previous Zoning Code also required a minimum building separation of 10 feet between structures. Modification Permit No. MD2007 -044 authorized a reduction of the minimum building separation to 6 feet between structures and reduced setbacks as follows: front setbacks of 10 feet on River Avenue and Seashore Drive, a side setback of 10 feet to the west property line and a side setback of 4 feet to the east property line. The current Zoning Code no longer requires a minimum building separation between units and now requires a front setback of 5 feet adjacent to Seashore Drive, a rear setback of 10 feet adjacent to River Avenue, and side setbacks of 15 feet. Despite the changes in Zoning Code setback and separation standards, the revised project plans continue to comply with the setbacks and building separations as approved under Modification Permit No. MD2007 -044. 12 -36 City Council Resolution No. 2014 -51 Page 6 of 10 A -4. Pursuant to Chapter 20.86 of the previous Zoning Code and Chapter 20.34 of the current Zoning Code, the demolition of three or more units within the coastal zone shall be reviewed to ensure compliance with Government Code Section 65590 (commonly known as the 1982 Mello Act) and to replace, if feasible, the demolition of any units occupied by low- or moderate - income tenants. In this case, Coastal Residential Development Permit No. CR2007 -001 authorized the demolition of the 54 -unit apartment building conditioned upon the replacement of six dwelling units affordable to low- and /or moderate - income tenants within three years of demolition. The applicant remains committed to implementing CR2007 -001 and providing the replacement units. A -5. With the exception of the increased setback encroachments, reduction in the minimum distance between buildings, and building height increase, all of the previous MFR zoning regulations were met by the previous project design. The proposed project plans also continue to comply with all other applicable previous MFR and the current RM zoning standards. Finding: B. Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project. Facts in Support of Finding: B -1. The Adopted MND was prepared and analyzed all potential environmental impacts associated with the approved project. The changes in the project plans do not involve features that were the basis for findings or exemption in the adopted MND in that the density and intensity of the project has not changed. Although changes in the architectural design, product type, and site plan are proposed, these changes are considered minor and when taken into account, the conclusions of the environmental analysis in the. Adopted MND do not change. B -2. An Addendum to the Adopted MND has been prepared to evaluate the net effect of the proposed project changes and any changes to the existing conditions that have occurred since the Adopted MND was adopted. The Addendum also reviews any new information of substantial importance that was not known and could have been known with exercise of reasonable diligence at the time the Adopted MND was adopted. Furthermore, it examines whether, as a result of any changes or any new information, a subsequent environmental review may be required. The Addendum concludes that the impacts from the modified project would be similar to those analyzed under the Adopted MND and that no changes or new significant information would change the significance conclusions of the Adopted MND or result in additional mitigation measures. 12 -37 City Council Resolution No. 2014 -51 Paqe 7 of 10 Finding: C. Do not involve a feature of the project that was specifically addressed or "was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval. Facts in Support of Finding: C -1. The modified plan demonstrates the ability to comply with all required conditions of approval, and said conditions will continue to be required through project implementation. C -2. The approved project consisted of a Tentative Tract Map to establish 24 condominium units. The changes to the site plan do not affect the approval of Tentative Tract Map No. NT2007 -001 and the related facts in support of the findings. The site remains physically suitable for the type and density proposed. An easement through the 26- foot -wide internal roadway will be retained by the City to ensure public access rights for emergency and security ingress /egress, public utility purposes, and weekly trash pick -up. A 6 -foot sidewalk easement currently exists along the Seashore Drive frontage and the applicant will be required to construct full -width sidewalks. An additional 4- foot -wide ADA accessible walkway connecting River Avenue and Seashore Drive, consistent with Condition No. 46, would also be provided. Public utility easements for utility connections that serve the project site are present and will be modified, as necessary, to serve the proposed project. C -3. Since the project was approved as airspace condominiums, Condition No. 6 was added to address potential expansion or modification requests from future individual property owners. The Condition specifically states that the floor plans and building envelopes for each unit are approved as precise plans and future area additions to the building envelopes shall be prohibited, the patio and deck areas shall not be permitted to be enclosed, and the landscape and open space areas through the site shall be preserved. Although the site plan has changed, the Condition remains relevant and necessary in order to preserve the density, massing, open space, and landscape characteristics of the constructed project from future modifications. C-4. Condition No. 46 required a minimum 4 -foot -wide publicly accessible walkway connecting River Avenue to Seashore Drive. The revised project now includes two publically accessible walkways bisecting the project site and providing a connection between the two streets: 1) the project "paseos" with enhanced landscaping bisect the site near the center of the site; and 2) an ADA accessible 4- foot -wide path connects the street along the western parcel boundary adjacent to the park. C -5. Condition No. 7 required the two structures (north and south of the project driveway) that encroach into the side setback area immediately adjacent to the east property line to be modified to incorporate design features to minimize building height impacts on the adjacent properties. The modified plans implement the intent of this Condition by separating the bulk and mass of the previous duplex units on the north side of project 12 -38 City Council Resolution No. 2014 -51 Page 8 of 10 roadway into two individual structures, creating more light and open space and increasing the compatibility with existing adjacent duplexes to the east. For the structure south of the project roadway, the side setback has been increased from 4 feet to 6 feet to provide additional light and open space to the adjacent structure. C -6. While the MFR and RM Zoning Districts permit the proposed single -unit residences, the development setback and building separation standards were intended to apply to larger, multiple -unit buildings, such as the 3 -story, 54 -unit apartment building that exists on -site today. The legislative intent of required setbacks is to ensure adequate light, air, privacy and open space for each dwelling unit. Given that a larger, single structure building would result in more visual and physical massing, a larger setback would be preferred for that development type. In this case, the proposed project has been designed to appear as if each unit is situated on a 30- foot -wide lot with setbacks comparable to the surrounding R -1 and R -2 lots. These reductions in the setbacks to accommodate the smaller detached, residential units result in a site plan that is more compatible and consistent with the historic development pattern of the area than a single, larger apartment- complex. C -7. The approved project was designed to appear as if each unit is situated on a 30 -foot- wide lot with setbacks comparable to the surrounding R -1 and R -2 lots. The approved 6 -foot separation between buildings is consistent with the required 3 -foot side setbacks of the surrounding 30 -foot and 40- foot -wide lots in the neighborhood, which results in a total distance of 6 feet between buildings. Although the modified project reconfigures the layout of units within the site, the overall concept remains similar with all units providing a minimum 6 -foot separation. As viewed from the Seashore Drive frontage, the units will remain fronting the street as in the approved plan and similar to the development pattern of the adjacent R -1 and R -2 lots along the street. The street elevations of these units will be enhanced with front door identity now facing the street versus the side yard as in the approved plan. As viewed from River Avenue, the unit layout has been modified to eliminate the duplex structures and create clusters of individual single -unit detached structures. The units fronting River Avenue now either front the street with the front or side elevations, consistent with the lots directly across River Avenue to the north. Therefore, the modified plan is compatible and consistent with the development pattern of the immediate area. C -8. Consistent with Condition No. 16, the modified plan now includes trash container storage for individual units outside of their required garages and that would be screened from view. C -9. Access to the project site would continue to be provided via a driveway on River Avenue and one driveway from Neptune Avenue. A total of 62 parking spaces are proposed: 48 dedicated residential spaces in garages and 14 open guest spaces, exceeding the 60 space minimum required by both the previous and current Zoning Codes. Although the approved plan included one additional on -site guest parking space, the plan also included an additional western driveway on River Avenue to exclusively serve one single -unit structure that resulted in the reduction of on- street parking. The modified site plan eliminates the need for the additional driveway and results in the creation of additional on- street parking on the street in exchange. In 12 -39 City Council Resolution No. 2014 -51 Paqe 9 of 10 addition, the revised project plans provide enhanced resident parking in that all 24 resident parking spaces are now located with garages, as opposed to 12 garages and 12 carports as originally approved. Overall, the modified plans enhance site access and continue to exceed Code - required parking standards. C -10. The modified project slightly reduces the total building footprint from coverage of 35.9 percent to 34.6 and reduces pavement area from 35.4 percent to 27.3 percent. Conversely, the modified project significantly increases landscape area from 28.2 percent to 37.1 percent and incorporates design features such as turf block, pervious paving, and water conserving plants. Findinq: D. Do not result in an expansion or change in operational characteristics of the use. Facts in Support of Finding; D -1. The approved project consisted of the subdivision of 24 airspace condominium units; therefore, the elimination of the duplex product type and changes to the site plan do not affect the approval of Tentative Tract Map No. NT2007 -001. D -2. The modified project design maintains the same minimum setbacks as previously approved under Modification Permit No. MD2007 -044 and minimum building separation of six feet between units. D -3. The proposed 24 -unit detached condominium development continues to be consistent with the permitted land uses identified in the previous MFR and current RM Zoning Districts and with the approved number of units pursuant to Tentative Tract Map No. NT2007 -001. The project also remains below the maximum 54 -unit development limit and the 1.75 floor area limit (FAL) applicable to the site. The approved project maintained a 1.23 FAL (50,706 square feet) and the revised project maintains a 1.24 FAL (50,916 square feet), a negligible difference of 210 square feet. D -4. Although the modified plans include ridge elevations of up to 32 feet 11 inches, an increase of 1 -foot 5- inches above the structure heights of the approved plans, the difference in height is nominal and remains below the maximum 33 -foot height limit for sloping roofs with a minimum 3:12 pitch. The midpoints of the modified roof plans also exceed the midpoint heights of the approved plans, with a difference of up to 3 feet 11 inches; however, it should be noted the midpoints of the approved plans are artificially lower due to the ability to project the imaginary roof lines over a longer distance based on the architectural design of the structures. The actual midpoint heights (without the use of imaginary projections) of the structures in the approved plans would result in midpoint heights closer to those of the modified plans. Ultimately, the modified project plans comply with allowed building heights of the current Zoning Code; therefore, Use Permit No. UP2007 -011 is no longer applicable. 12 -40 City Council Resolution No. 2014 -51 Paae 10 of 10 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby upholds the decision of the Planning Commission and finds that the modified plans for the Echo Beach (formerly Seashore Village) project are in substantial conformance with the project approved by Tentative Tract Map No. NT2007 -001 (County Tentative Tract Map No. TTM 17194), Modification Permit No. MD2007 -044, Use Permit No. UP2007 -011 and Coastal Residential Development Permit No. CR2007 -001 and that the environmental analysis of the modified plans is included in the Adopted Mitigated Negative Declaration (SCH2008021075) and the Addendum consistent with the requirements of CEQA and the CEQA Guidelines. 2. This resolution shall take effect immediately upon its adoption by the City Council, and the, City Clerk shall certify the vote adopting the resolution. 3. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 4. This resolution was approved, passed and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 10th day of June, 2014. ATTEST: d4 Leilani I. Brown City Clerk I ?- � I ';�T Rush N. Hill, II Mayor 12 -41 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2014 -51 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 101h day of June, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11'h day of June, 2014. a City Clerk / Newport Beach, California (Seal) 12 -42 ATTACHMENT E SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT BEACH AND TAYLOR MORRISON OF CALIFORNIA,LLC FOR TRACT NO. 17194 THIS AGREEMENT ( "Agreement ") is entered into this ?h day of A6K 20 K by and between CITY OF NEWPORT BEACH, a municipal corporation of the State of California, hereinafter- referred to as "CITY," and Taylor Morrison of California, LLC, hereafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to make certain private and public improvements for the completion of 24 single family condominium residences, and is about to file with CITY a map of the tract of land known as Tract No. 17194; and As a condition of the approval of and prior to the recordation of this subdivision map., SUBDIVIDER is required to complete the extension of Neptune Avenue; provide two public access points; provide WQMP and infrastructure to accommodate drainage; install street trees and adjustments to sidewalk located at Seashore Drive; utility (sewer, water, and dry utilities); curb and gutter„ and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain portions of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code, and Chapter 19.36.030 Improvement Security (66499 et seq.) of the City's Municipal Ordinance. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS 1 of 11 12 -43 SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to, the construction of: streets, including excavation, paving, curbs, gutters, sidewalks, parking spaces, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; and domestic water systems, including the construction of water mains, services and installation of meters, storm drain, dry utilities (SCE, gas, Cable TV, Telephone, etc.) and public park, paseo, and pedestrian walkways]. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof,unless the conditions of approval of the subdivision map require an earlier completion date, or the CITY and SUBDIVIDER enter into a written agreement to extend this time based on good cause unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefore shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. 2. 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 City's Council acceptance of same. 3. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be 2of11 ifFri! inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. 4. NO WAIVER BY CITY Inspection of the work and /or materials, or approval of work and /or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and /or materials, or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER'S failure to comply with any of the terms and conditions hereof. 5. 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 by the conditions of approval. 6. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 7. 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 SIX HUNDRED SIXTY NINE THOUSAND FIVE HUNDRED EIGHTEEN DOLLARS and 00/100 ($669,518.00), which is one hundred percent (100 %) of the estimated cost of the work. SUBDIVIDER shall present such additional security 3of11 if�A1 in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of SIX HUNDRED SIXTY NINE THOUSAND FIVE HUNDRED EIGHTEEN DOLLARS and 00/100 ($669,518.00), which is one hundred percent (100 %) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 8. 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 improvements or for injury to or death of any person as a result of SUBDIVDER's performance of the improvements required hereunder; or for 4of11 Crary damage to property from any cause arising from the performance of the improvements by SUBDIVIDER, or its subcontractors, or its workers, or anyone employed by either of them. SUBDIVIDER shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from SUBDIVDER's Work on the improvements, or the Work of any subcontractor or supplier selected by SUBDIVIDER To the fullest extent permitted by law, SUBDIVIDER shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or SUBDIVDER's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of SUBDIVIDER, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require SUBDIVIDER to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER SUBDIVIDER shall perform all Work in a manner to minimize public 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 5of11 RAF MA Work by SUBDIVIDER or its agents. To the extent authorized by law, as much of the money due SUBDIVDER under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INSURANCE Any insurance required by the City pursuant to any permit issued to City including but not limited to, any encroachment permits, shall be obtained by SUBDIVIDER. The requirement for carrying the insurance coverage shall not derogate from SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in prompt and timely manner, the premium on all insurance hereinabove required. 10. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed to complete and /or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including SUBDIVDERs, in the event CITY proceeds to complete and /or maintain the work. Once action IS taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 11. RECORD MAP 6of11 RAM-1 In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map for the Subdivision. 12. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U.S. certified mail- return receipt requested: TO CITY: City of Newport Beach ATTN: Director of Public Works 100 Civic Center Drive Newport Beach, CA 92660 13. CONSENT TO SUBDIVIDER: Taylor Morrison of California LLC 100 Spectrum Center Dr. #100 Irvine, CA 92618 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. 14. MODIFICATION AND ASSIGNMENTS No waiver, modification of any language in this Agreement or assignment shall be valid unless in writing and duly executed by both parties. 15. CITYAPPROVALS 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. 16. SECTION HEADINGS 7of11 RAP 001 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 17. 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. 18. 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. 19. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and 8of11 RAWS] naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 20. 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. 21. 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. 22. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 23. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 24. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow 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. 25. ENTIRETY 9of11 12 -51 The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. [SIGNATURES ON NEXT PAGE] 10 of 11 12 -52 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 Date: ?J 1 121 l S CITY OF NEWPORT BEACH, a California municipal corporation By� " ` W y L--- By. Aaron C. Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk Edward Selich Mayor SUBDIVIDER: Taylor Morrison of Californi LLC Date: By 11 of 11 Taylor Morrison Owner 12 -53 CALIFORNIA • • WLEDGMENT CIVIL COD 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 , / Y')A a County 'ofT ( On / to Date personally appeared Name(s) of Signers) 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W. CORDI Commission N 2088325 Notary Public • California Orange County My Comm. Es Tres Oct 31, 2018 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 OlAd i Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator • Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 12 -54 Liberty Mutual. SURETY SUBDIVISION BOND Bond Number: 024060626 KNOWALL MEN BY THESE PRESENTS, that we Taylor Morrison of California, LLC ATTACHMENT Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 -1644 Ph. (610) B32 -8240 as principal (the "Principal "), and UbeAy Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the "Surety'), are held and firmly bound unto sum of Six Hundred Sbdy Nine Thousand, Five Hundred Eighteen as Obligee (the "Obligee "), in the penal Dollars ($ 669,518.00 for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. V*FREAS, the Principal has proposed to make certain improvements (the "Contract'l described as follows: Echo 56, Tract 17194 VMEREAS, the Obligee has approved said improvements upon the execution and delivery of this bond. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, if the Principal shall promptly and faithfully complete said improvements in accordance with the present standard specification of the Echo 56 Project, 5515 River Avenue, Newport Beach, CA - Tract 17194 then this obligation shall be null and void; otherwise, it shall remain in full force and effect. PROVIDED AND SUBJECTTO THE CONDITIONS PRECEDENT: I . No right of action shall accrue upon or by reason hereof, to or for the use or benefit of any person other than the Obligee named herein; furthermore, this Bond cannot be assigned absent the express written consent of the Surety. 2. The Surety's liability hereunder shall be commensurate with the extent of the building development that has taken place in the subdivision 3. Notwithstanding any other provision of this bond or the Contract, or otherwise, the Surety is not responsible for and shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held liable to, or in any other respect be responsible to, the Obligee by way of indemnity, claims or otherwise, or to any public authority or to any other person, firm or corporation, for or on account of any fines or claims by any public authority or for bodily injury or property damage to any person or thing, including, but not limited to, injury or damage due to the release or threat of release of hazardous substances of any kind or damage to real estate or to the environment or clean -up costs to other damages of whatever kind or nature arising out of any act of commission or omission by the Principal, the Principal's agents, servants, employees, subcontractors or suppliers or any other person in connection with the performance of the Contract. This limitation applies regardless of when any such fine is assessed, claim is made, or injury, damage, release or threat of release occurs and without regard to any term or condition of the Contract. 4. The Surety hereby waives notice of any alteration or extension of time made by the Obligee. 5. Any claims must be presented in writing to Liberty Mutual Insurance Company to the attention of The Surety Law Department at the address indicated above. DATED as of this 20th day of February 20 15 , IMTNFSS /ATTEST: 41 A ?ROATKO AS TO "A ORK LMIC -54Qty�K' AttorneV Taylor Morrison of California, LLC (P all / B prvv a�/f. (Seal) J4triz5 A I_Q ILIA- Title: N P. LIBERTY MUTU,4 INSURANCE CON ANY (Surety) By: (� (Seal) mey -ii i ad ee L. Tolentino Rev. 03104 12 -55 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 9 6 On before me, to e, . Here Insert Name an Itle of the Officer personally appeared Names) of Signer(s) 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. O=IN. CORDI ... ,Ion t 20CE325 Notary Public - CNBornh Orange Cowry Comm. Ex olras Oct 31 2018 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 —V ( dL Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 12 -56 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 San Francisco On FEBRUARY 20, 2015 Date personally appeared before me, Janet C. Rojo, Notary Public Betty L. Tolentino Here Insert Name and Title of the Officer Name(s) of Signers) 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/theirsignature(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. JANET C. ROJO t COW #2041020 Signature b NOTARY PUBLIC - CALIFORNIA O Signature of Notary Public a SAN FRANCISCO COUNTY M' Mt Comm. Expires Oct. 9, 2017 Place Notary Seal Above OPTIONAL Though this section is optional, 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.Nationa[Notary.org - 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 12 -57 Y V :6 m 01 U w O� > —a C 'y 0 O � 60 O � C ` Ad ymd V �c E w � THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. e>ea53i American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWNALL PERSONS BY THESE PRESENTS: That American Fire 8 Casualty Company and The Ohio Casually Insurance Company are corporations duty organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized underthe laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized underthe laws of the State of Indiana (herein collectively called the `Companies "), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Betty L. Tolentino: Brian F. Cooper: Janet C. Roio: K. Zerounian: Kevin Re: M. Moodv: Maureen O'Cnnnell Rnhert Wri,vnn- Fincan Horo-ar- all of the city of San Francisco , stale of CA each individually if there be more than one named, its true and lawful attomey -in -fact to make, execute, seal, acknowledge an and deliver, for d on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances 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 secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of October' , 2014 STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: ww.; David M. Care Assistant Secretary On this 29th day of October 2014 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instmmem for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my new and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first �-above ®written. - Teresa Pastella , Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and Authorizations ofAmmican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS- Section 12. Power of Attorney. 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 prescdbe, shall appoint such aaomeys -in -fact, 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 attomeys -in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or ahomey -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION S. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president. and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behaff of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such aaomeys -in -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 signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys -m- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizanoes and other surety obligations. Authorization - By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same tome and effect as though manually affixed. I, Gregory W. Davenport, the undersigned. Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true 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 hard and affixed the seals of said Companies this 20th day of l S IW3 122013 FEBRUARY 20 15 By: %°a6P►t Gregory W. Davenport, Assistant Secretary N N m c .N c R c — 0 �Ni yW c E o` 0. Q M 0 `* 7 d C 3� aof ro !� o Yo of O C N H �3 ma yo N Ec? � N w C1 co 00 U , Fr uo 12 -58 527 of 800 SUBDIVISION IMPROVEMENT BOND LABOR AND MATERIAL (CALIFORNIA) Bond 024060626 mdvma n Premium $ Pefl ren. Bona KNOW ALL BY THESE PRESENTS, That Taylor Morrison of California, LLC as Principal, and the Liberty Mutual Insurance Company , a Corporation organized and existing under the laws of the State of MA and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of Newport Beach or the use and benefit o any and all persons entitled to rile claim under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, in the sum of Six Hundred Sixty Nine Thousand, Five Hundred Eighteen and No1100ths - -- —..— -- __— _- - - - - -- ($ 669,518.06,-), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal entered into a certain Agreement or Contract with the Obligee, dated the day of I , wherein the Principal has agreed to complete the following improvements: Echo 56 Project, 5515 River Avenue, Newport Beach, CA - Tract 17194 as more fully set forth in said agreement. NOW THEREFORE, if the Principal shall pay all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the Agreement, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, then this obligation shall be null and void; otherwise, to remain in full force and effect. Provided, however: (1) That said Surety will pay the same in an amount not exceeding the amount hereinafter set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including attorney's fees, incurred by County (or City) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered; (2) That 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. (3) That the time for filing suit on this bond shall be limited to six (6) months from date of completion of said improvements as "completion" is defined under applicable sections of the Civil Code of The State of California. Signed and sealed this 20th day of February Taylor Morrison of California, LLC Principal S- Da221GE 10199 2015 Liberty Mutual Insurance Company Surety By Bett olentino Attorney -in -Fact 790 The City Drive South, Suite 200 Orange, CA 92868 Address xop AP"PkOWED AS TO n•GWA —, 3r2', I IT 12 -59 ^;�, A44nrnav CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 / �/t�n p County of l9,rd / //I I l 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(tes), 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. W. CORDI Commtaalon 1 2088325 z z Rotary ►uletic • California Orange County Mv Comm. Ex Ives Oct 31 2018+ Place Notary Seal 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 d LL..f'/lL. i Signature of Notary Public OPTIONAL Though this section is optional, 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Titla(s): ❑ Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator F­1 0thec Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1 -800-876-6827) Item #5907 12 -60 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 San Francisco On February 20. 2015 before me,_ Date personally appeared Betty L. Tolentino Janet C. Rojo, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) 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(es), 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. JANET C. ROJO p� COMM. #2041020 p , NOTARY PUBLIC - CALIFORNIA o 0. SAN 5RANCISCO COUNTY Fns .oma., fxpr6a Oct. 9, 2017 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. Sig ture Si ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: ❑ Corporate Officer — TRIe(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 12 -61 Y V m d is v d O N d > d 3 C'N O do .+ d C R o m Cd O S E w � 9 > V > d O Zv THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. Thir Power of Attomey limits the ads of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No 67at539 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire 8 Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire. that Liberty Mutual Insurance Company is a corporation duly organized 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 (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and a000int. Beth L. Tolentino: Brian F. C000er. Janet C. Roio: K. Zerounian: Kevin Re: M. Moadv: Maureen O'Connell Rnhert Wrirnrr .1i Harkar all of the city of San Francisco , slate of CA each individually if there be more than one named, its We and lawful attomey -in -tact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances 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 secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 291h dayof October , 2014 STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: e ^ David M. Care Assistant Secretary On this 291h day of October 2014 , before me personalty appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance 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 WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Teresa Pastella , Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS- Section 12. Power of Attorney. 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 such attomeys -in -tact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliveras surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -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 signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys4n- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true 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 20th day of February 20 15 By: %►' �a Gregory W. Davenport, Assistant Secretary lid -YA N N m c y a T is E CL M V L c cu E m 0 0 of c Q) 31 d 0 N 00 N M 00 0 cD WARRANTY BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. 024060626 -M That we, Taylor Morrison of California. LLC as Principal, and Liberty Mutual Insurance Company, a Corporation organized and existing under the laws of the State of MA and authorized to do business as a Surety in the State of California, as Surety, are held and firmly bound unto the City of Newport Beach as Obligee, in the amount of Sixty Six Thousand, Nine Hundred Fifty One Dollars and 80l100ths ($66.951.80) good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrator, executors and assigns, jointly and severally, firmly by these presents. Signed and Sealed this 20th day of February. 2015. WHEREAS, the above bounded Principal has agreed to provide a One (1) year warranty for all workmanship at Echo 56, Tract 17194. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounded Principal shall well and truly keep, do and perform, each and every, all and singular, the matter and things provided in the one -year warranty and shall pay over, make good and reimburse to the above -named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise, to be and remain in full force and effect for a period of one (1) year from the date of Final Acceptance by Obligee. Taylor Morrison of California, LLC Principal By: 6AAAA Liberty Mutual Insurance Company Surety By: ✓ �I Betty L o n ino Attorney -in -Fact As %ity Atiomey 7'� 12 -63 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE _<.W<.A 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 ,,, ---��� ,,,���jjj��, ///���,��� {-� , j /' On before me, W ��� /Wrb/1 v e I �� Here Insert Name an itle of the Officer personally appeared Names) of Signer(s) 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 signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W.CORDI Commission N 2088325 Z -� Notary Public - California = Orange County M Comm. Ex Tres Oct 31, 2018 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 Place Notary Seal Above OPTIONAL Though this section is optional, 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 12 -64 �ALIFORNIIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 San Francisco On FEBRUARY 20, 2015 before me, Date personally appeared Betty L. Tolentino Janet C. Rojo, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JANET G. ROJO COMM. #20A1020 U s NOTARY PUBLIC- CALIFORNIA p 0 SAN ; gANCI5C0 COUNTY + in P1 Fxplre_s Ort. 9, 2017 Place Notary Seal 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. Ignature C Ignature of Notary Public OPTIONAL Though this section is optional, 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: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator • Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 12 -65 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No 67ea530 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the Stale of New Hampshire. that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Betty L. Tolentino: Brian F. Cooper: Janet C. Roio: K. Zerounian: Kevin Re: M. Moody Maureen O'Connell Robert Wrixom Susan Hecker Virginia L. Black all of the city of San Francisco , state of CA each individually if there be more than one named, its true and lawful allomay -in -fad to make, execute, seal, acknowledge and deliver; for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances 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 secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 291h dayof October 2014 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West A merican Insurance Company / STATE OF PENNSYLVANIA as David M. Care ; Assistant Secretary COUNTY OF MONTGOMERY On this 29th day of October 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casuahy Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and WeslAmerican 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 WITNESS WHEREOF, I have hereunto subscribed my new and affixed my notarial seal a Plymouth Meefing, PennsyNania, on the day and year first above written. Teresa Pastels , Notary Public This PowerofAttomey is made and executed pursuant to and by authority of the following By -laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full tome and effect reading as follows: ARTICLE IV- OFFICERS - Section 12. Power of Attomey. Any of oeror 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 such attomeys -in -fad, 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 surely obligations. Such attomeys -in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or affomey -in -lad under the provisions of this article may be revoked at any fime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fad, as may be necessary to ad in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such ahomeys -in -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 signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys -in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reagnizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and Mat Amedcan Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, We 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 20th day of FEBRUARY , 20 ]S . By:ir'J Gregory W. Davenport, Assistant. Secretary 12 -66 1-148-12673- 122013 526 of 800