Loading...
HomeMy WebLinkAbout31 - Status Report on Development Agreements Nos. 4,5,6,7,8, and 9c�FWp�Rl CITY OF N ?,T BEACH COMMUNITY AND ECONOMIC DEVELOPMENT u = PLANNING DEPARTMENT 33oo NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (P4) 644-3200; FAX (714) 644-5250 Hea, .. )ate: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL October 28, 1996 No. 31 Genia Garcia 644-3208 SUBJECT: Status Report on Development Agreements Nos. 4, 5, 6, 7, 8, and 9 PURPOSE: To conduct an annual review of current Development Agreements to review the applicants' good faith and substantial compliance with each agreement in addition to those terms and conditions required of the City of Newport Beach. REQUIRED ACTION: Hold hearing; if desired, approve, modify or terminate: Development Agreement No. 4 The Irvine Company, Library Exchange Agreement Development Agreement No. 5 Hoag Memorial Hospital Presbyterian Development Agreement No. 6 The Irvine Company, Circulation Improvement and Open Space Agreement Development Agreement No. 7 Pacific View Memorial Park Development Agreement No. 8 Ford Motor Land Development Corporation C -- 30 (o I Development Agreement No. 9 Fletcher Jones Motor Cars Background This report contains the formal performance review of development agreements approved by the City of Newport Beach. The first three agreements are not included in this review for the reasons described below. Development Agreement No. 1 between the City of Newport Beach and Park Lido, Ltd. was approved by the City Council (Ordinance No. 83-7) on January 24, 1983. This agreement required that Park Lido Ltd. advance 50% of the cost of the installation of a traffic signal at the intersection of Hospital Road and Placentia Avenue in exchange for the approval of the development of a r0- 65,269 square foot two-story medical office building located at 351 Hospital Road. The specific project approved was never pursued and all approvals sunsetted after 24 months. Subsequently, a second project was approved and constructed without a development agreement. The traffic signal which was addressed in the original agreement has been installed. Development Agreement No. 2 between the City of Newport Beach and the Irvine Company was approved by the City Council on April 22, 1985. This agreement was to allow the construction of 888 residential dwelling units and 50,000 square feet of conunercial development in the North Ford Planned Community, and 295,000 square feet of office development in the Koll Center Newport Planned Community. This project has been completed and the terms and conditions of Development Agreement No. 2 have been satisfied. Development Agreement No. 3 between the City of Newport Beach and the J. M. Peters Co. was approved by the City Council (Ordinance No. 85-24) on September 23, 1985. This agreement established specific development rights and related obligations pursuant to the annexation of the Bayview site to the City of Newport Beach. This project has been completed and the terms and conditions of Development Agreement No. 3 have been satisfied. Discussion The City of Newport Beach has entered into six development agreements in conjunction with the approval of several development projects within the City in order to achieve maximum utilization of resources to the owners, while minimizing the economic cost to the public. The development agreements represent certain assurances to the owners that they may proceed with development of certain properties in accordance with existing policies, rules and regulations, and subject to conditions of approval. In approving these development agreements, the City provided the opportunities for strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. The approval process has provided the City with the opportunity to gain from the applicants certain public benefit improvements such as streets, sewer facility improvements, public facilities, drinking water, utility facilities and open space. Individual development agreements specify the duration of the agreement, the duration for the completion of total build -out, circulation improvements, or dedication of open space. In some cases, terms of the agreement proceed over a 20-25 year time frame. The development agreements specify permitted uses of the properties, density, intensity of use, maximum height and size of proposed land uses and buildings and provisions for reservation or dedication of land for public purposes, which may also be included in the respective Planned Community Texts (PC's) for each development. The development agreements, in some cases, provide that construction be commenced and completed within a specified time period or accomplished in phases. Pursuant to the requirements of Section 15.45.070 of the Municipal Code, Article 2.5, Section 65865.1 of the California Government Code, and stated conditions of each development agreement, the attached status reports have been prepared for each development agreement between the City and the above stated applicants. The purpose of this review is to establish the status of each development agreement and to assess the terms and conditions that have been accomplished or are to be accomplished within certain time frames. 2 The Development Agreements included in this annual review and their dates of adoption are listed below: Develop. Agrmt Applicant No. 4 The Irvine Company, Library Exchange 5 Hoag Memorial Hospital Presbyterian 6 The Irvine Company, Circulation Improvement and Open Space Agreement 7 Pacific View Memorial Park 8 Ford Motor Land Development Land Corporation 9 Fletcher Jones Motor Cars Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: GENIA GARCIA Associate Planner Date of Adoption 1/13/92, ORD 91-46 5/26/92, ORD 92-3 Amended 2/14/94 9/14/92, ORD 92-35, Amended 9/11/95, ORD 95-42 7/10/95, ORD 95-26 7/24/95, ORD 95-27 9/11/95, ORD 95-43 3 HOAG HOSPITAL DEVELOPMENT AGREEMENT NO. 5 Project Status Report Annual Review of the Development Agreement by and between The City of Newport Beach and Hoag Memorial Hospital I. Introduction On May 11, 1992, the City of Newport Beach certified Final Environmental Impact Report No. 142 for the Hoag Hospital Master Plan and adopted a Planned Community Development Plan and District Regulations for Hoag Hospital. On May 26, 1992, the City of Newport Beach approved Development Agreement No. 5 between the City and Hoag Memorial Hospital Presbyterian. It was recorded in the Recorder's office in the County of Orange on August 4, 1993. On February 14, 1994, the Development Agreement was amended by the City Council to incorporate revisions requested by the staff of the California Coastal Commission. The revised Development Agreement was recorded on March 23, 1994. The California Coastal Commission approved the revised Development Agreement on April 14, 1994, and amended the Coastal Development Permit on July 21, 1995. II. Purpose The purpose of Development Agreement No. 5 is to enable Hoag Hospital to develop the hospital property consistent with a Master Plan and Planned Community Development Plan and within the approvals set forth by the Coastal Development Permit issued by the California Coastal Commission. The future development of the Hoag Hospital property will allow the hospital to offer additional and needed services for the community by responding to the ever changing health and medical care technologies and delivery systems. The Development Agreement spells out strict, binding limits on the amount and height of permitted development and insures compliance with conditions related to density, location, and timing of construction to minimize, to the extent feasible, any environmental impacts of the proposed expansion. The Development Agreement includes requirements for dedication of property, construction of public improvements and/or the installation of landscaping visible to the public, which, when considered in conjunction with the public services provided by Hoag, benefit the general public. 8 Pursuant to the requirements of Chapter 15.45 of the Municipal Code and Section 5 of the Development Agreement, Hoag Memorial Hospital or its successor(s) in interest is to submit an annual report for review by the City Council demonstrating good faith substantial compliance with the terms of the Agreement. The attached project status report is for the year April 15, 1995 to October 1, 1996. The annual review includes a review of the folloNN ing: Development Agreement obligations and Environmental Document Mitigation Measures. For this review period, the conditions and mitigation measures that are required per the Development Agreement are listed below with an explanation as to how the requirements were or are being met. DEVELOPMENT AGREEMENT NO. 5 3.2. Compliance with Master Plan Conditions/Mitigation Measures: See attached table. 8. Public Benefits/Exactions: 8.2 Exactions: Hoag shall, as a condition to the right to develop, do the following: (a) Irrevocable Offer to Dedicate and Grade the Proposed Linear and Consolidated View Park. The Offer to Dedicate has been made and recorded. The two parks are part of the approved grading plan for the lower campus parking lot, which is under construction. (b) Public Improvement Funds ($250,000.00). Hoag Hospital is to pay the amount to the City to fund the following improvements: (i) The construction of a sidewalk and installation of landscaping in the CalTrans right-of-way along the west side of Newport Boulevard southerly of Hospital Road., and, if funds remain, (ii) The construction of facilities necessary to bring reclaimed water to West Newport and/or the Property. This amount has been paid to the City by Hoag Hospital during the second annual review period. See attached documentation (c) Study of possible future improvement in and around the easterly end of Semeniuk Slough. City staff and the P.B.&R Commission studied the use of this area and no improvements were found to be feasible. 9 r, Mitip,ation Measure No.42 This measure requires that the City of Newport Beach send a letter to each emergency vehicle company serving Hoag requesting that they turn off their sirens upon entering hospital property in order to minimize the noise impacts to adjacent residents. Hoag has provided the City with a list of emergency vehicle companies, and letters are being sent by staff to the listed companies. 10 Project Status Report April 15, 1995 - April 15, 1996 Annual Review of the Development Agreement between the City of Newport Beach and Hoag Memorial Hospital Presbyterian (Amended October 2, 1996) I. Introduction On August 4, 1993, the Development Agreement between the City of Newport Beach and Hoag Memorial Hospital Presbyterian was recorded. As specified by the Development Agreement (Section 2.12), the "effective date" of the Development Agreement refers to the date that the Development Agreement is approved by the California Coastal Commission. On February 14, 1994, the City Council amended the Development Agreement to incorporate revisions requested by the staff of the California Coastal Commission, and the revised Agreement was subsequently recorded on March 23, 1994. On April 14, 1994, the California Coastal Commission approved Hoag Hospital's Development Agreement with the City. Section 5 of the Development Agreement requires an annual review to be conducted by the City of the Hospital's good faith substantial compliance with the Development Agreement. Documentation from Hoag Hospital substantiating good faith compliance with the Development Agreement was submitted to the City on June 27, 1995 for the first annual review. This project status report is for the year April 15, 1995 to April 15, 1996 and was prepared for use by the City for its second annual review. The project status report has been amended since its original submittal on May 8, 1996 for the second annual review period to include activities undertaken from April 15, 1996 to October 1, 1996. The project status report for the first annual review documented the following projects: A Cardiac Serviges Addition This 5,990 square -foot structure is located on the Upper side of the existing Hospital and was completed in 1 95. T e C ty issueda est certificate of occupancy for the Cardiac Services Addition on June 7, 1995. All required mitigation measures were completed. B Qrgency Care Unit Parking Lot/Entre Reconfiguration The plans for the emergency care unit parking lot/entry reconfiguration were under review by the City during the first annual review period. On May 12, 1995 the City issued permits for the construction of the project. At the end of the annual review period, the project had been completed. All required mitigation measures were completed 1250.16-36.31-96DEV.AGREE.REV2 .1 October 2, 1996 A "61IMMIRM.U. AWMM. On April 14, 1994 the California Coastal Commission granted a Coastal Development Permit (CDP) to Hoag Hospital for a mass grading plan consisting of 387,100 cubic yards of cut to accommodate future expansion of Hoag Hospital. On July 24, 1995, the California Coastal Commission issued CDP 5- 93-253 for the first phase of the mass grading plan to include 30,300 cubic yards of cut and 400 cubic yards of fill. Phase one grading was anticipated to include grading for and dedication of a 0.28 -acre public, slopetop linear view park and a 0.52 -acre public, slopetop consolidated view park. Because of the time requirements involved in adhering to the conditions of the Coastal Development Permit for phase one grading, Hoag Hospital proceeded with plans to develop a parking lot on its Lower Campus, and the phase one grading plans were withdrawn from the City. The parking lot project is discussed below (Section II -A). D. Flare Relocation/Scrubber Installation During the first annual review period, Hoag Hospital submitted plans to the City for the relocation of the existing methane gas collection/burnoff system and the installation of two gas scrubber facilities. The City of Newport Beach issued grading and building permits on November 4, 1994. Subsequent to permit issuance, and during construction, the City of Newport Beach halted construction and requested significant modifications to the approved plans. The current status of the flare relocation/scrubber installation project is discussed below (Section II -B). As stated above, during the 1995 - 1996 annual review period, Hoag Hospital completed the Cardiac Services Addition and the Emergency Care Unit Parking Lot/Entry Reconfiguration. Hoag withdrew its application for phase one mass grading, which was subsequently resubmitted as part of its application for the Lower Campus Parking Lot. The Flare Relocation project is in process. A Lower Campus Parking Lot The California Coastal Commission granted a Coastal Development Permit (CDP 5-95-204) on October 11, 1995 for the construction of a 351 -space ancillary parking lot on Hoag Hospital's Lower Campus, to be located northwest of the intersection of West Coast Highway and Hoag Drive. A 148 -space parking lot Is currently located on the Lower Campus, northeast of the intersection of West Coast Highway and Hoag Drive. This parking lot has served as a staging area for development activities associated with other Lower Campus development projects. It also functions as an auxiliary parking lot. 1250.16-36.31.96DEV.AGREE.REV2 -2 . October 2, 1996 As part of the development of the proposed parking lot, the existing parking lot will be demolished at a later date in conjunction with future development on the Lower Campus. Until usage of the proposed parking lot is warranted by parking demand, a portion of the proposed parking lot will also be used as a staging area for future Lower Campus development. On March 7, 1996, the parking lot plans were submitted to the City. On June 28, 1996, the City issued a partial grading permit to Hoag for installation of drainage improvements in order to dry out the slope to a point where earthquake fault mapping could be undertaken. This mapping was required as part of the fault study to comply with Mitigation Measure #3. The fault mapping was completed and did not reveal any active or potentially active faults. On September 17, 1996, the City issued all permits to Hoag Hospital for the construction of the 351 -space parking lot. Grading activities associated with the parking lot, as well as grading required for the City to subsequently undertake construction related to the 0.8 -acre viewpark at the top of the slope, are currently underway. B. Flare Relocation/Scrubb r Installation At the start of the second annual review period, the Hospital was working with the City to incorporate features that were requested by the City after it had issued a building permit and construction was underway. On November 15, 1995, the City gave its final approval to the project. Hoag did not proceed with the completion of the flare relocation/scrubber installation project at that tir ospital, in conjunction with the City, was in the process of pursuing state legislation for funding to relocate the flare and to install a system that will more efficiently extract the methane gas. The legislation was subsequently withdrawn by the City because the California Department of Transportation (Caltrans) agreed to fund $750,000 for the flare project. On July 21, 1996, the City and Caltrans entered into a Memorandum of Understanding for disbursement of the funds for the flare project. On September 9, 1996 the City Council approved a Cooperative Agreement between the City and Caltrans to formalize funding commitments and fund disbursement procedures/requirements. The City, Hoag Hospital and Caltrans are currently exploring options for the relocation of the flare and the installation of an upgraded system. As part of the approval of the Development Agreement by the City, and its subsequent approval by the California Coastal Commission, the City was required to formally adopt a mitigation monitoring plan. On June 13, 1994, the City adopted the Hoag Hospital Master Plan Mitigation Monitoring Plan. Section 5.4 of the Development Agreement requires that the annual review include a detailed report of compliance with various conditions and mitigation measures contained within the mitigation monitoring plan. The mitigation annual review is included as the Appendix to the project status report. 1250.16.36.31.96DEV.AGREE.REV.2 -3 - October 2, 1996 �`2 r. APPENDIX r m HOAG MEMORIAL HOSPITAL PRESBYTERIAN DEVELOPMENT AGREEMENT MITIGATION ANNUAL REVIEW April 15, 1995 - April 15, 1996 (Amended October 2, 1996) Prepared For: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659-1768 HOAG HOSPITAL DEVELOPMENT AGREEMENT MITIGATION SECOND ANNUAL REVIEW April 15, 1995 - April 15, 1996 (Amended October 2, 1996) Introduction On May 11, 1992, the City of Newport Beach certified Final Environmental Impact Report No. 142 for the Hoag Hospital Master Plan and adopted a Planned Community Development Plan and District Regulations for Hoag Hospital. At the same time, the City entered into a Development Agreement with Hoag Hospital. The Development Agreement was amended (on February 14, 1994) to incorporate changes requested by the California Coastal Commission in conjunction with their review of a mass grading permit application by Hoag Hospital. Section 5 of the Development Agreement requires that the City conduct an annual review of the Development Agreement in order to evaluate Hoag Hospital's good faith substantial compliance with the Development Agreement. As part of that annual review, a review of compliance with the mitigation monitoring plan (adopted by the City of Newport Beach on June 13, 1994) for Hoag Hospital is also required. Specifically, Section 5.4 of the Development Agreement states: Mitigation Review. The annual review shall include a detailed report of compliance with the various conditions and mitigation measures contained within the mitigation monitoring plan. The report shall include an analysis of the view impacts of buildings constructed in comparison to the anticipated views as depicted in the EIR. For the five year monitoring period imposed by the Department of Fish and Game Streambed Alteration Agreement entered into between the Department of Fish and Game and Hoag, the annual review shall also assess the success of any off-site wetlands mitigation. Five years after the completion of the Department of Fish and Game monitoring period, Hoag shall submit a final report assessing the success of the off-site wetlands mitigation in its annual review. If the survival and cover requirements set forth in the Streambed Alteration Agreement have not been met, Hoag shall be responsible for replacement planting to achieve these requirements. Hoag shall be found in compliance with this Agreement unless the City Council determines, based upon the evidence presented at the Annual Review, that Hoag has not complied with all mitigation measures and conditions including those imposed as a result of subsequent environmental analysis, applicable to the grading of, or building on, the Property as of the date of the Annual Review. 1250.16-36.31-96DEV.AGREE.REV2 -I - October 2, 1996 This document Is being submitted in compliance with the Development Agreement requirement stated above for the year April 15, 1995 to April 15, 1996. It has been amended since its original submittal on May 8, 1996 for the second annual review period to include activities undertaken from April 15, 1996 to October 1, 1996. Format/Contents of the Mitigation Review There are three categories of mitigation measures included in the adopted mitigation monitoring program -- measures that need be complied with only once, measures that relate to individual development projects undertaken by Hoag Hospital, and mitigation measures which are required to be implemented and reviewed each year. The 'Hoag Hospital Development Agreement - Mitigation Annual Review' (Table 1) summarizes, in matrix format, the applicability of all mitigation measures to each of the three categories of mitigation measures. Project -specific mitigation measures are further broken down for individual projects undertaken and in process during the annual period of April 15, 1995 to April 15, 1996 (as amended to include the period from April 15, 1996 to October 1, 1996). All three mitigation categories are further, discussed below. A complete listing of all mitigation measures for FOR No. 142 is provided in Appendix A. Also, as stated above, Section 5.4 requires that for the "five year monitoring period imposed by the Department of Fish and Game Streambed Alteration Agreement entered into between the Department of Fish and Game and Hoag, the annual review shall also assess the success of any off-site wetlands mitigation." During the annual review period, Hoag Hospital graded the 6.08 -acre wetlands mitigation site and installed raptor perches. Further, 3,600 plants for installation at the mitigation site were gathered within the San Joaquin Freshwater Marsh and a planting plan was approved. Since the end of the second annual review period, the wetlands site has been planted and is being monitored on a monthly basis. A formal evaluation of the status of the wetlands will be submitted for review to the California Department of Fish and Game, the United States Fish and Wildlife Service, and the California Coastal Commission in January of 1997 in compliance with their permit requirements. During the third annual review period, detailed information related to the success of the off-site wetlands mitigation will be provided. Protect-Spestft.. rsmpli_ Project -specific mitigation measures in process for the second annual review period relate to the following projects: flare relocation/scrubber installation and Lower Campus parking lot. Individual matrices which identify each mitigation measure's applicability, as well as its status, are provided as Tables 2 and 3. Thorough documentation for each mitigation measure that has been completed has been provided to the City. The status of specific projects in process during this annual review period is summarized below: f Flare Relocation/ rubb r InStallati.,,, building ( 21 All grading permit level and g permit level mitigation measures were deemed to be complete by the Planning Department in September 1994. Mitigation measures required to be 1250.16-36.31-96DEV.AGREE.REV.2 - 2 - October 2, 1996 implemented during construction were being Implemented when the flare relocation/scrubber installation project began construction on November 14, 1994. However, subsequent to building permit issuance, and during construction, the City requested a number of project modifications. These modifications were underway during the annual review period. Hoag Hospital, in conjunction with the City and Caltrans, is pursuing options to relocate the flare and to further mitigate the methane gas/hydrogen sulfide problems in West Newport. Once construction recommences, it will be determined how the mitigation measures that are required to be adhered to during construction will be implemented. One-time mitigation measures which were required to be implemented as part of the flare relocation/scrubber installation project (i.e., mitigation measures 57, 58, 60, 61, 65, 75, 76, 77, 78, 80 and 81) were discussed in the 1994 - 1995 annual review report. ' Lower Campus Parking Lot (Table, 3) • Hoag Hospital submitted plans to the City on March 7, 1996 for the construction of the 351 -space Lower Campus parking lot. On September 17, 1996, the City determined that all mitigation measures required for the Lower Campus Parking Lot had been complied with (pending receipt of the formal fault study results), and permits were issued by the City. Mitigation measures related to the removal of the on-site wetlands (i.e., 16 - 20), however, were separately reviewed and approved by the City prior to submittal of the Lower Campus Parking Lot plans, and the wetlands were removed during the 1995 - 1996 annual review period. One-time mitigation measures which are required to be implemented as part of the Lower Campus Parking Lot project (i.e., 6, 7, 8, 16, 17, 18, 19, 20, 47, 51, 52, 53, 56, 63 and 67) are individually discussed under "One -Time Compliance Mitigation" below. As part of the Mitigation Monitoring Program adopted for the Hoag Master Plan by the City of Newport Beach on June 13, 1994, several mitigation measures were required to be implemented on an on-going basis and to be monitored for compliance on an annual basis. These mitigation measures and a summary of the compliance with these measures is provided below: Mitigation Mpmure # 1 1 requires routine vacuuming of parking lots/structures. All parking lots/structures are vacuumed by Hoag Hospital on at least a monthly basis. Mitigation Measure # 15 requires that master plan development comply with the Hospital's Hazardous Material and Waste Management Program and its Infectious Control Manual. As part of Hoag's internal review of the Flare Relocation/ Scrubber Installation and Lower Campus Parking Lot projects, Hoag analyzed the projects to ensure compliance with the above -referenced documents. The documents were amended and new protocols were adopted in order to response to concerns related to hazardous materials, waste management and infectious control, as appropriate. 1250.16-36.31.96DEV.AGREE.REV.2 -3 . October 2, 1996 , ry Mlitiaation Mea ire # 2 8 requires adherence to South Management District (SCAQMD) regulations that pertain to trip eductAir io�ualiaty, January 22, 1995, Hoag submitted its biannual Trip Reduction Plan to the SCAQMD. This document specifies Hoag's policies/programs that are designed to reduce vehicle trips. During the annual review period, the SCAQMD eliminated Regulation 15, which required the trip reduction plan. The SCAQMD subsequently adopted Regulation 2205, which allows the Hospital to continue implement its trip reduction plan or to reduce air Plution in other ways. Hoag Hospital has elected to continue to implement its trip eduction planspecified. Mitigation Meaai,r # 1 requires adherence to measures that were a part of Hoag's pilot program to monitor and manage usage of the Upper Campus service roads during non -working hours. Since 1991 Fp and bower implementing measures to reduce usage of West Hoag has been ng hours. These measures include signage controls, aR�ldlettersnoto vendors defining when West Hoag Road can be used, and an annual note .in the Hoag Times, the newsletter for Hoag Hospital employees. At the City's request, in order to monitor traffic volumes on West Hoag Hoag has been taking periodic traffic counts for several years. ffic counts were taken in June 1995. Updated traffic Below is a table identifying traffic counts for 1995 and previous years for which traffic volumes were taken. As shown on the table, traffic volumes on West Haag Road continue to decrease. WESTSIDE ROADWAY - OFF HOUR (9 P.M. - 5 A.M.) TRAFFIC REDUCTION SUMMARY 1995 1993 June 21-23 June 23 25 1992 Dec. 14-16 1991 Dar. O.tt 1990 Dec. 10-12 Day 1 22 20 28 35159 Day 20 35 45 36 158 Day 3 a 1-3 Total 62 68 112 120 441 Counts not taken in 1994 due to closure of West Hoag goad for realignment work and construction of the Cardiac Services Addition. Mitigation Measure #3 S requires that on rideshare services and programs. IItalalso rorequires that vide new pneweto em lore information included in updates to the Trip Reduction Plan for the SCAQMD. Hoag P yes be provide all new employees rideshare service/program information continues w , and new 1250.16-36,31-96DEVAGREE.REV.2 _4 _ October 2, 1996 employees were included in the January 22, 1995 update to the Hospital's Trip Reduction Plan. Mitigation Measure # 4-2 requires that the City of Newport Beach send a letter to each emergency vehicle company serving Hoag requesting that they turn off their sirens upon entering hospital property in order to minimize noise impacts to adjacent residents. Hoag is required to provide the City with a list of all emergency vehicle companies serving Hoag Hospital. Table 4, Emergency Units Responding to Hoag Hospital, provides a current list of those companies. Mitigation Measure #8_4 requires that Hoag continue compliance with its Hazardous Material and Waste Management Program and its Infectious Control Manual. As stated under Mitigation Measure 15, above, Hoag continues to comply with the above -referenced documents, as well as continues to comply with all new regulations that have been adopted since the Hoag Master Plan Final Environmental Impact Report was certified. Mitigation Measure # 1 17 requires that usage of the Hospital's heliport/helipad be limited to emergency medical purposes or the transportation of critically i I I patients in immediate need of medical care not available at Hoag. Further, this measure requires that, to the extent feasible, helicopters shall arrive at, and depart from, the helipad from the northeast, to mitigate noise impacts on adjacent residences. Hoag continues to comply with Mitigation Measure #117. Mitigation Measure # 1 12 requires that non -vehicular activities, such as the operation of the trash compactor, which occur in the vicinity of West Hoag Road shall be operated only between the hours of 7:00 a.m. and 7:00 p.m. daily. Hoeg continues to comply with Mitigation Measure #119. Some of the mitigation measures required as part of the mitigation monitoring program for the Hoag Hospital Master Plan are specialized studies or clearances from the City and other governmental agencies that may or may not be related to a specific building or building site. The adopted mitigation monitoring program also contains standards for determining compliance with each of these one-time compliance mitigation measures. Several one-time compliance mitigation measures were completed prior to the current annual review period. These have been documented in previous annual review reports, and include mitigation measures 23, 41, 50, 51, 53, 67, 77, 81, 90, 114, 115, 116, 120 and 123. Additionally, some one-time measures were fulfilled during the current annual review period. These are discussed below: Mitigation M -mores 6 - 8 require a soil corrosivity analysis and a construction material compatibility evaluation prior to Lower Campus development. These analyses were completed and submitted to the City on March 7, 1996 as part of the permit application process for the Lower Campus parking lot project. The soils were not found to be hazardous based on the severeness of their corrosivity; however, the soils were found to be corrosive in terms of the effect of the soils on construction materials. 1250.16-36.31-96DEV.AGREE.REV.2 -5 - October 2, 1996 ^ r. Mitigation Measures 1-o - 20 relate to the on-site wetlands and include requirements for a wetlands mitigation plan and clearance through the approval process from agencies outside the City of Newport Beach. The standard of compliance for mitigation measures 16 and 18 are to obtain a U.S. Army Corps of Engineers Section 404 Permit, a California Department of Fish and Game 1603 Streambed Alteration Agreement and a California Coastal Commission Coastal Development Permit for the removal of the wetlands. These permits were obtained and provided to the City for their review and were subsequently approved by the City on August 7, 1995. The on-site wetlands have since been removed. ' Mitigation Measure # 4 7 requires an offer of dedication for the linear and consolidated viewpark. On October 4, 1994, the City Council approved the form and content of the irrevocable offer to dedicate the 0.8 -acre viewpark. This offer was reviewed by the California Coastal Commission as part of their permit review process for Hoag's mass grading of the Lower Campus. to July 24, 1995, Hoag Hospital received its Coastal Development Permit for mass grading (phase one) the Lower Campus. One of the special conditions to the permit required that the irrevocable offer be reviewed by the Commission staff, which was completed prior to issuance of the Coastal Development Permit. The irrevocable offer was subsequently recorded on June 24, 1995. ' Mitigation Measure # 5 2 requires a soil gas sampling and monitoring program, which is to include methane and hydrogen sulfide. This report was submitted to the City on March 7, 1996 as part of the Lower Campus parking lot application. ' Mitigation Mesiure # 5 6 requires a study of potential hazardous constituents on- site. This report was submitted to the City on March 7, 1996 as part of the Lower Campus parking lot application. Mitigation Measure # 6 3 requires collection and analysis of soil samples for BTEC and priority pollutants. This study was submitted to the City on March 7, 1996 as part of the Lower Campus parking lot application. Mitigation Measure # 1 1 a requires Hoag Hospital to pay $250,000 to the City for the construction of a sidewalk and installation of landscaping in the Caltrans right-of-way along the west side of Newport Boulevard southerly of Hospital Road and (if funds remain) for the construction of facilities necessary to bring reclaimed water to West Newport and/or the Hospital. Hoag Hospital $250,000 to the City during the second annual review period. p Paid the 1250.16-36.31.96DEV.AGREE.REV.2 -6 - October 2, 1996 Table 1 HOAG HOSPITAL DEVELOPMENT AGREEMENT MITIGATION ANNUAL REVIEW April 15, 1995 to April 15, 1996 1250.16-36.31-96DEV.AGREE.REV.2 October 2, 1996 One -Time Compliance Annual Compliance Project Specific Compliance ' Flare Lower Campus Relocation/ScrubberParking Lot '• Installation 1 X X 2 X X 3 X 4 5 X 6 X X 7 X X 8 X X 9 X 10 X X 11 X 12 X 13 14 EEE 15 X 16 X X 17 X X 18 X X 19 X X 20 X X 21 X 22 X 23 X 24 X X 25 X 26 27 X 28 X 29 30 31 X 32 X 33 34 35 X 36 X 37 1250.16-36.31-96DEV.AGREE.REV.2 October 2, 1996 Table 1, continued HOAG HOSPfTAL DEVELOPMENT AGREEMENT MITIGATION ANNUAL REVIEW April 15, 1995 to April 15, 1996 1250.16-36.31-96DEV.AGREE. REV.2 October 2, 1996 'A12 Table 1, continued HOAG FIOSPI TAL DEVELOPMENT AGREEMENT MITIGATION ANNUAL REVIEW April 15, 1995 to April 15, 1996 X 1250.16-36.31-96DEV.AGREE.REV.2 October 2, 1996 h [� One -Time Compliance Annual Compliance Project Specific Compliance ' Flare Lower Campus Relocation/Scrubber Parking Lot " Installation 75 X X 76 X X 77 X X 78 X X 79 X X 80 X X 81 X X 82 X 83 X 84 X 85 86 X 87 88 89 90 X 91 X X 92 93 94 95 96 97 98 99 100 101 X 102 X 103 X X 104 X 105 X 106 X X 107 X X 108 X 109 110 X X X 111 X X 1250.16-36.31-96DEV.AGREE.REV.2 October 2, 1996 h [� 112 113 114 115 116 117 118 119 120 121 122 123 Table 1, continued HOAG HOSPITAL DEVELOPMENT AGREEMENT MITIGATION ANNUAL REVIEW April 15, 1995 to April 15, 1996 One -Time Annual Project Specific Compliance • Compliance Compliance Flare Lower Campus Relocation/Scrubber Parking Lot " Installation X X X X X X X X 1 1 X 9 One-time compliance measures may be required to be implemented as part of a specific project. Some of the mitigation measures required for the Lower Campus Parking Lot project were completed or underway as part of the Phase I Mass Grading Plan project that was subsequently made a part of the Lower Campus Parking Lot project. 1250.16-36.31.96DEV.AGREE.REV.2 October 2, 1996 Table 2 Project: Flare Relocation/Scrubber Installation APPLIES AMR ' N/A APPLIES AMR ' N/A 1 COMPLETE 2 3 X 2 COMPLEI-E 24 COMPLETE 3 X 25 X 4 X 26 X 5 X 27 X 6 X X 28 7 X X 29 8 X 30 X X 9 X 31 10 COMPLETE 32 X 11 X 33 X 12 X 34 X 13 X 35 X 14 X 3 6 COMPLETE 15 X 37 X 16 X 38 X 17 X 39 X 40 X 41 X 42 X 18 X 19 X 20 X 21 X 4 3 COMPLETE X 22 X 44 1250.16-36.31-96DEV.AGREE.REV.2 October 2, 1996 i APPLIES Table 2, continued Project: Flare Relocation/Scrubber Installation APPLICABILITY OF MITI ATION MFASt 1RFc AMR ' N/A APPLIES 46 i 50 51 i i i i i 0 Table 2, continued Project: Flare Relocation/Scrubber Installation APPLICABILITY OF MITI ATION MFASt 1RFc AMR ' N/A APPLIES AMR ' N/A 1250.16-36.31.96DEV.AG REE.REV.2 October 2, 1996 i i i i 0 i AMR ' N/A 1250.16-36.31.96DEV.AG REE.REV.2 October 2, 1996 r Table 2, continued Project: Flare Relocation/Scrubber Installation APPLICABILITY OF MITIGATION EAS RES APPLIES AMR ' N/A APPLIES AMR N/A ' AMR = Annual Monitoring Report for Development Agreement Compliance Note: Status of Mitigation Measures reflects status as of November 15, 1995 (the date / the City gave final approval to the plans) and does not reflect changes to the project that may occur as a result of the ongoing work with the City and Caltrans. These changes may necessitate the resubmittal of some of the mitigation measures to the City for review and approval. 1250.16-36.31-96DEV.AG REE.REV.2 October 2, 1996 ,� p Table 3 Project: Lower Campus Parking Lot 1250.16-36.31-96DEV.AGREE.REV.2 October 2, 1996 1) 9 APPLIES AMR ' N/A APPLIES AMR ' N/A 1 COMPLETE 23 X 2 COMPLETE 24 COMPLETE 3 COMPLETE~ 25 X 4 X 26 X 5 27 COMPLETE X 6 COMPLETE 28 X 7 COMPLETE 29 8 COMPLETE 3 0 EEIE COMPLETE COMPLETE 31 3 2— X 9 10 X COMPLETE 33 34 COMPLETE x 1 1 12 X 13 COMPLETE COMPLETE 3 5 36 X 14 X COMPLETE COMPLETE 37 -38 3 9 COMPLETE CGtVtPtFTE X 15 16 17 COMPLETE 4 0 X 18 X 19 COMPLETE 41 COMPLETE COMPLEZE COMPLETE 4 2 43 4 4 X COMPLETE T:: X 20 21 22 X 1250.16-36.31-96DEV.AGREE.REV.2 October 2, 1996 1) 9 APPLIES 45 i 46 48 50, I—M - 5 1 � i :5 5 e. e Table 3, continued Project: Lower Campus Parking Lot APPLICABILITY OF MITI ,A-0ON MEASURES AMR ' N/A APPLIES X 69 X 7 0 COMPLETE 171 72 AMR ' N/A X x x X X X 1250.16-36.31-96DEV.AGREE. REV.2 October 2, 1996 .fin i i e. e AMR ' N/A X x x X X X 1250.16-36.31-96DEV.AGREE. REV.2 October 2, 1996 .fin Table 3, continued Project: Lower Campus Parking Lot APPLIES AMR ' N/A APPLIES AKAR * .,,. r%lvin = Hnnuai Monitoring Report for Development Agreement Compliance " Pending formal sGbmittal of fault study results to the City. 1250.16-36.31-96DEV.AGREE.REV2 October 2,1996 Table 4 EMERGENCY UNITS RESPONDING TO HOAG HOSPITAL APRIL 15, 1996 Newport Beach Fire Department Santa Ana Fire Department NM -2 SAM -4 475 32nd Street 1427 South Broadway Newport Beach, California 92660 Santa Ana, California 92707 Newport Beach Fire Department NM -3 868 Santa Barbara Avenue Newport Beach, California 92660 Costa Mesa Fire Department MM81 2803 Royal Palm Costa Mesa, California 92626 Costa Mesa Fire Department MM83 1865 Park Avenue Costa Mesa, California 92627 Costa Mesa Fire Department MM85 Civic Center Station 2450 Vanguard Way Costa Mesa, CA 92626 Costa Mesa Fire Department MM82 800 Baker Street Costa Mesa, California 92626 Costa Mesa Fire Department MM84 2300 Placentia Costa Mesa, California 92626 Orange County Fire Department ORCO 1-4 2 California Irvine, California 92715 Huntington Ambulance Service P.O. Box 145 Sunset Beach, California 90742 Med Trans Ambulance Company 2131 Placentia Avenue Costa Mesa, California 92627 Schaefer Ambulance Company 2215 South Bristol Santa Ana, California 92704 Doctor's Ambulance Company 23095 Terra Drive Laguna Hills, California 92653 Medix Ambulance Company 310 West 18th Street Tustin, California 92680 Careline Ambulance Company P.O. Box 70014 Anaheim, California 92825 Mercy Air Ambulance P.O. Box 2532 Fontana, California 92334-2532 Search and Rescue (SAR) MCAS EI Toro Air Force Base Santa Ana, California 92709-5020 Newport Beach Police Department P.O. Box 7000 Newport Beach, California 92660 Laguna Beach Fire Department LM -2 Costa Mesa Police Department 285 Agate Street 99 Fair Drive Laguna Beach, California 92651 Costa Mesa, California 92626 The emergency units provided in Table 4 frequent Hoag Hospital on a regular basis. Additional emergency service units also serve Hoag Hospital on a less frequent basis. 1250.16-36.31-96DEV.AGREE.REV.2 October 2, 1996 .� APPENDIX A HOAG HOSPITAL MASTER PLAN PROJECT AMENDMENT NO. 744 MITIGATION MEASURES AS ADOPTED BY THE CITY OF NEWPORT BEACH MAY 11, 1992 MITIGATION MEASURE SUMMARY 1. Prior to the issuance of a grading permit, the Project Sponsor shall document to the City of Newport Beach Building Department that grading and development of the site shall be conducted in accordance with the City of Newport Beach Grading Ordinance and with plans prepared by a registered civil engineer. These plans shall incorporate the recommendations of a soil engineer and an engineering geologist, subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans shall Building Department by the Project Sponsor. be furnished to the 2. Prior to the issuance of a grading permit, the Project Sponsor shall submit documentation to the City of Newport Beach Building Department confirming that all cut slopes shall be monitored for potential instabilities by the project geotechnical engineer during all site grading and construction activities and strictly monitor the slopes in accordance with the documentation. 3. Prior to the issuance of a grading permit, the Project Sponsor shall provide to the City of Newport Beach a comprehensive soil and geologic investigation and report of the site prepared by a registered grading Engineer and/or engineering geologist. This report shall also identify construction excavation techniques which ensure no damage and minimize disturbance to adjacent residents. This report shall determine if there are any faults on site which could render all or a portion of the property unsafe for construction. All recommendations contained in this investigation and report shall be incorporated into project construction and design plans. This report shall be submitted to the City for review and approval. 4. Prior to the completion of the final design phase, the Project Sponsor shall demonstrate to the City of Newport Beach Building Department that all facilities will be designed and constructed to the seismic standards applicable to hospital related structures and as specified in the then current City adopted version of the Uniform Building Code. 5. Prior to the issuance of grading or building permits Building Department shall ensure that geotechnical recommendations develoine included ment,t i n "Report of Geotechnical Evaluation for Preparation of Master Plan and Environmental Impact Report, Hoag Memorial Hospital Presbyterian Campus, 301 Newport Boulevard, Newport, California" as prepared by LeRoy Crandall Associates, June, 1989, and in the report prepared pursuant to Mitigation Measure 3, are followed. 6. Prior to the issuance of a grading permit, the Project Sponsor shall conduct a soil corrosivity evaluation. This evaluation shall be conducted by an expert in the field of corrosivity. The site evaluation shall be designed to address soils to at least the depth to which excavation is planned. At a minimum, at least one sample from each soil type 1250.16-36.31-MMSUM Page 1 10/1/96 —� should be evaluated. Appropriate personnel sic personnel during the field evaluation. In the event soils eare found on Ito be corrosive, l be worn field source and extent of the corrosive soils shall be determined the infrastructure shall be designed to control the potential impact got orrrosi buildings Ilsoilss over time. 7. Based on the corrosion assessment and source determination, a soils and construction material compatibility evaluation shall also be undertaken, concluding with the appropriate mitigation measures and design criteria. Corrosion resistant construction materials are commonly available and shall be used where the evaluation/assessment concludes that corrosive soils conditions could adversely impact normal construction materials or the materials used for the mitigation of subsurface gas example, there are many elastomers and plastics, like PVC, which a endresistantFor tto corrosion by up to 70 percent sulfuric acid at 140 degrees Fahrenheit. 8. Should the soil be identified as hazardous due to the severeness of their corrosivit i, a pH less than 2.5), on-site remediation by neutralization shall be undertaken prior to construction. Appropriate regulatory agency approvals and permits shall also be obtained. 9. Prior to issuance of grading permits, the Project Sponsor shall ensure that a construction erosion control plan is submitted to and approved by the City of Newport Beach that is consistent with the City of Newport Beach Grading Ordinance and includes Procedures to minimize potential impacts of silt, debris, dust and other water Pollutants. These procedures may include: • the replanting of exposed slopes within 30 days after grading or as required by the City Engineer. • the use of sandbags to slow the velocity of or divert stormflows. • the limiting of grading to the non -rainy season. The Project Sponsor shall strictly adhere to the approved construction erosion plan and compliance shall be monitored on an on-going basis by the Newpocon Beach Building Department. 10• Prior to the issuance of grading permits the Project Sponsor shall submit a landsca e plan which includes a maintenance program to control the use of fertilizers p Pesticides, and an irrigation system designed to minimize surface runoff and overwatering. This plan shall be reviewed by the Department of Parks, Beaches d Recreation and approved by the City of Newport Beach Planning Department. The Project Sponsor shall install landscaping in strict compliance with the approved plan. 1 1 • The Project Sponsor shall continue the current practice of routine vacuuming of all existing parking lots and structures and shall also routinely vacuum all future parking lots and structures at current frequencies. Upon implementation of the County of Orange Storm Water Master Plan, routing vacuuming shall be done in accordance with athe requirements specified in the plan. 1250.16-36.31-MMSUM Page 2 10/1/96 2 117 12. Upon completion of final building construction plans, and prior to the issuance of a i grading permit for each phase of development, the Project Sponsor shall ensure that site hydrological analyses are conducted to verify that existing drainage facilities are adequate. The applicant shall submit a report to the City of Newport Beach Building Department for approval, verifying the adequacy of the proposed facilities and documenting measures for the control of siltation and of erosive runoff velocities. A copy of this report shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 13. Prior to the completion of final construction plans, the Project sponsor shall submit a comprehensive geotechnical/hydrologic study to the City of Newport Beach Building Department, which includes data on groundwater. This study shall also determine the necessity for a construction dewatering program and subdrain system. 14. Prior to the completion of final building construction plans for each phase of Lower Campus development, the Project Sponsor shall submit an application to the Regional Water Quality Control Board for an NPDES permit if a construction dewatering or subdrain program . is determined necessary by the Building Department based on the design and elevation of the foundation structures. Also, if dewatering is required by RWQCB, the Project Sponsor shall also conduct groundwater sampling and analysis, and submit it to the California Regional Water Quality Control Board Santa Ana Region. The results of this testing will assist in determining the specifications for the NPDES permit. The Project Sponsor shall strictly comply with all conditions of any NPDES permit. 15. Project Sponsor shall strictly comply with its Hazardous Material and Waste Management Program and its Infectious Control Manual for all new activities associated with the proposed Master Plan, as well as strictly comply with all new regulations enacted between now and completion of the proposed Master Plan development. 16. The federal wetland regulations and requirements shall be reviewed by the City and the Project Sponsor at the time the proposed work is undertaken, and the project shall comply with all applicable- laws concerning removal and mitigation of wetland at that time, as required by the U.S. Army Corps of Engineers and the California Coastal Commission. If this review results in a finding by the Resources Agencies involved in the permit processes that mitigation is required for impacts to the 1.07 acres of wetlands dominated by pampas grass, such mitigation will be accomplished as part of the mitigation required for impacts to sensitive wetland plant communities (Mitigation Measures 17 and 18). 17. The Project Sponsor shall prepare a comprehensive restoration and management plan for the wetland mitigation site as required by law. This plan will be submitted to the following agencies for their review and approval/concurrence prior to issuance of grading and/or building permits for Master Plan development. l 1250.16-36.31-MMSUM Page 3 10/1/96 • U.S. Army Corps of Engineers' • U.S. Fish and Wildlife Service' • California Department of Fish and Game • City of Newport Beach 18. The resulting final mitigation plan shall be approved as part of the Coastal Development Permit for the project. The plan shall also be approved as part of the Corps Section 4 0 4 Permit and Streambed Alteration Agreement, if applicable. A wetland mitigation plan approved by the appropriate agencies shall be submitted to the City of Newport Beach prior to issuance of grading and/or building permits for Master Plan development in any areas affecting wetlands. 19. The plan will be consistent with the following provisions: • The amount of new wetlands created under the mitigation plan shall be at least of equal size to the area of sensitive wetland communities impacted by the project. • The wildlife habitat values in the newly created wetlands shall no be less than those lost as the result of removal of sensitive wetland communities impacted by the project. • The wetlands created shall not decrease the habitat values of any area important to maintenance of sensitive plant or wildlife populations. • The wetland mitigation planning effort will take into consideration creation of 0.2 acre of salt grass habitat suitable for use by wandering skipper; such consideration would be dependent on the nature of the mitigation plan undertaken and whether wandering skipper could potentially occur in the mitigation area. • The plan will constitute "an agreement between the applicant and the resource agencies involved. The plan shall be written so as to guarantee wetland restoration in accordance with stated management objectives within a specified time frame. The plan shall describe the applicant's responsibilities for making any unforeseen repairs or modifications to the restoration plan in order to meet the stated objectives of the plan. 1 Under the existing regulations, the Corps and USFWS would be consulted as part of the Section 404 permitting process. However, if proposed changes to the regulations result in removal of the project site from Corps Jurisdiction, these agencies would not be required to review the wetland mitigation plan. 2 Regardless of other considerations, CDFG will review the wetland mitigation plan for the City of Newport Beach as part of the Coastal Development Permitprocess; CD be provided as part of a Streambed Alteration Agreement, it equired.FG review would also 1250.16.36.31•MMSUM Page d 20. The following detailed Information will be provided by the Project Sponsor in the final mitigation plan: • Diagrams drawn to scale showing any alterations to natural landforms; • A list of plant species to be used; • The method of plant introduction (i.e., seeding, natural succession, vegetative transplanting, etc.); and • Details of the short-term and long-term monitoring plans, including financing of the monitoring plans, 21. Prior to the issuance of a grading permit, an Orange County certified archaeologist shall be retained to, and shall, monitor the grading across the project area. The archaeologist shall be present at the pre -grading conference, at which time monitoring procedures acceptable to and approved by the City shall be established, including procedures for halting or redirecting work to permit the assessment, and possible salvage, of unearthed cultural material. 22. Prior to the issuance of grading permits, an Orange County certified paleontologist shall be retained to, and shall, monitor the grading activities. The paleontologist shall be present at the pregrading conference, at which time procedures acceptable to and approved by the City for monitoring shall be established, including the temporary halting or redirecting of work to permit the evaluation, and possible salvage, of any exposed fossils. All fossils and their contextual stratigraphic data shall go to an Orange County institution with an educational and/or research interest in the materials. 23. The Project Sponsor shall construct, if feasible and by mutual agreement, and maintain a fence along the common property line west of the Upper Campus. The proposed design of the fence shall be reviewed and approved by the City Engineering Department. 24. The proposed project is subject to all applicable requirements 'of the City of Newport Beach General Plan, Zoning Code and Local Coastal Program (LCP). Those requirements that are superseded by the PCDP and District Regulations are not considered applicable. The following discretionary approvals are required by the City of Newport Beach: EIR certification, adoption of the Master Plan, adoption of the Planned Community Development Plan and District Regulations, approval of a Development Agreement, approval of a zone change to Planned Community District, grading permits, and building permits for some facilities. The California Coastal Commission has the discretionary responsibility to issue a Coastal Development Permit for the Lower Campus and a Local Coastal Program Amendment for the Lower Campus. 25. Subsequent to completion of Phase I of the project, the Project Sponsor shall conduct a Traffic Phasing Ordinance (TP) (sic) analysis for Phase II and II (sic) Master Plan development. The analysis shall identify potential intersection impacts, the proposed project traffic volume contributions at these impacted intersections, and the schedule rr for any intersection improvements identified as necessary by the study to insure a 1_ satisfactory level of service as defined by the TPO. This report shall be approved by the City prior to commencement of Phase II or III construction. 1250.16.36.31-MMSUM Page 5 10/1/96 ,�?,Q 26. Prior to issuance of building permits for Phase I of the project, the Project Sponsor shall conduct a project trip generation study which shall be reviewed and approved by the City Traffic Engineer. This study shall determine if the traffic to be generated by existing plus Phase I development will not exceed 1,338 PM peak hour traffic trips. In generate more than 1,338 PM peak hour trips, the project shall be reduthe event the Traffic Engineer determines that existing plus Phase I developmeI ced in size o nt w i I the mix of land uses will be altered to reduce the PM peak hour trips to d or below 1,338. 27. Subsequent to completion of Phase I Master Plan development, the Project Sponsor shall conduct a project trip generation study to be reviewed and approved by the City Traffic Engineer. This study shall analyze whether the traffic to be generated by the subsequent phases of development (Phases II and III) will exceed 1,856 PM peak hour trips when added to the trips generated by existing (including Phase 1) Hoag Hospital development. This study shall be conducted prior to the issuance of any grading or building permits for Phase II or III development. 28. The Project Sponsor shall continue to comply with all applicable regulations adopted by the Southern California Air Quality Management District that pertain to trip reductions such as Regulation 15. 29• The project shall comply with the City of Newport Beach Transportation Demand Management Ordinance approved by the City Council pursuant to the County's Congestion Management Plan. 30. In order to ensure accessibility to the available transit services for employees, visitors and patrons of the Hospital, the following transit amenities shall be incorporated into the Master Plan project: Bus turnouts shall be installed if, and as required, by the City Traffic Engineer at a I I current bus stop locations adjacent to the project site. Bus turnouts shall be installed in accordance with standard design guidelines as indicated in OCTD's Design Guidelines for Bus Facilities. 31. Prior to issuance of a grading permit for any of the proposed Master Plan facilities, the Project Sponsor shall implement a pilot program approved by the City Traffic Engineer that monitors and manages usage of the Upper and Lower Campus service roads during non -working hours. Such controls may include requesting that the majority of vendors deliver products (other than emergency products) during working hours (i.e., 7:00 a.m. to 8:00 p.m.), signage to restrict use of the road by hospital employees, physicians, patients and visitors during non -working hours, and other methods by which to restrict use. The hospital shall also request that vendors not deliver (i.e., scheduled and routine deliveries) on the weekends. This restriction specifically applies to scheduled and routine deliveries. The results of this program shall be submitted to the City for review prior to issuance of the grading permit. If the results indicate that such controls do not significantly impact the operations of the hospital, and provided that requests for specified vendor delivery times is consistent with future Air Quality Management Plan procedures, the City may require 1250.16-36.31-MMSUM Page 6 10/1'96 .,a that the program be implemented as hospital policy. If operation impacts are significant, other mitigation measures would be investigated at that time to reduce service road impacts to the adjacent residential units. 32. Prior to issuance of approvals for development P phases subsequent to Phase I, the applicant shall submit to the City Traffic Engineer for his/her review and approval a study that identifies the appropriate parking generation rates. The findings of this study shall be based on empirical or survey data for the proposed parking rates. 33. Prior to the issuance of precise grading permits for the ase of Master lan development that includes new, or modifications to existing, internal roadways (other than service roads), the Project Sponsor will prepare an internal circulation plan for submittal to and approval by the Director of Public Works that identifies all feasible measures to eliminate internal traffic congestion and facilitates ingress and egress to the site. All feasible measures identified in this study shall be incorporated into the site plan. 34. Depending on actual site buildout, intersection improvements may be required at the Hospital Road (Upper Campus access) Placentia Avenue Intersection and at the WCH (Lower Campus access) intersection. The need for these improvements shall be assessed during subsequent traffic studies to be conducted in association with Mitigation Measure 25. 35. As each phase of the Master Plan is constructed, the Project Sponsor shall provide each new employee a packet outlining the available ridesharing services and programs and the number of the Transportation Coordinator. All new employees shall be included in the yearly update of the trip reduction plan for Hoag Hospital, as required by Regulation XV. 36. Prior to issuance of grading and building permits for each phase of development, the Project Sponsor shall provide evidence for verification by the Planning Department that the necessary permits have been obtained from the SCAQMD for regulated commercial equipment incorporated within each phase. An air quality analysis shall be conducted prior to each phase of development for the proposed mechanical equipment contained within that phase that identifies additional criteria pollutant emissions generated by the mechanical equipment to be installed in that phase. If the new emissions, when added to existing project emissions could result in impacts not previously considered or significantly change the land use impact, appropriate CECA documentation shall be prepared prior to issuance of any permits for that phase of development. Each subsequent air quality analysis shall be reviewed and approved by the SCAQMD. 37. Prior to the issuance of grading and building permits for each project proponent shall provide evidence for verification by thesopmen Planning ID pat' the that energy efficient lighting has been incorporated into the project design. rt ment 38. Prior to the issuance of grading and building permits for each phase of Master Plan development, the Project Sponsor shall provide evidence that site plans incorporate the site development requirements of Ordinance No. 91-16, as appropriate, to the Traffic Engineering Division and Planning Department for review and Planning Commission approval. Requirements outlined in the Ordinance include: 1250.16-36.31 •MMSUM Page 7 10'1196 i 1) A minimum of five percent of the provided parking at new facilities shall be reserved for carpools. These parking places shall be located near the employee entrance or at other preferential locations. 2) A minimum of two bicycle lockers per 100 employees shall be provided. Additional lockers shall be provided at such time as demand warrants. 3) A minimum of one shower and two lockers shall be provided. 4) Information of transportation alternatives shall be provided to all employees. 5) A rideshare vehicle loading area shall be designated in the parking area. 6) The design of all parking facilities shall incorporate provisions for access and parking of vanpool vehicles. 7) Bus stop improvements shall be required for developments located along arterials where public transit exists or is anticipated to exist within five years. The exact number of each of the above facilities within each phase of the Master Plan shall be determined by the City during review of grading and building permit applications for each phase. The types and numbers of facilities required of each phase will reflect the content of the Ordinance at the time that a permit application is dem complete by the Planning Department. 39. If noise levels in on-site outdoor noise sensitive use areas exceed 65 CNEL, the Project Sponsor shall develop measures that will attenuate the noise to acceptable levels for proposed hospital facilities. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating traffic noise impacts. 40. Prior to occupancy of Master Plan facilities, interior noise levels shall be monitored to ensure that on-site interior noise levels are below 45 CNEL If levels exceed 45 CNEL, mitigation such as window modifications shall be implemented to reduce noise to acceptable levels. 41. Prior to issuance of a grading and or building demonstrate to the City that existing noise levels associated with the on sitepexhaust fanl are mitigated to acceptable levels. Similarly, the Project Sponsor shall demonstrate to the satisfaction of the Building Department that all noise levels generated by new mechanical equipment associated with the Master Plan are mitigated in accordance with applicable standards. 42. The City of Newport Beach shall send a letter to each emergency vehicle company that delivers patients to Hoag Hospital requesting that, upon entrance to either the Upper or Lower Campus, emergency vehicles turn off their sirens to help minimize noise impacts to adjacent residents. Hoag Hospital will provide the City with a list of all emergency vehicle companies that deliver patients to Hoag Hospital. 1250.16.36.31 •MMSUM Page 8 1011/96 r, r- 43. Prior to issuance of grading and building permits, the Project Sponsor shall ensure that a landscape and irrigation plan is prepared for each building/improvement within the overall Master Plan. this (sic) plan shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. The plan shall be subject to review by the Parks, Beaches and Recreation Department and approval by the Planning Department and Public Works Department. 44. Prior to issuance of a building permit, the Project Sponsor shall submit plans to, and obtain the approval of plans from, the City Planning Department which detail the lighting system for all buildings and window systems for buildings on the western side of the Upper Campus. The systems shall be designed and maintained in such a manner as to conceal light sources and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that, in his or her opinion, this requirements (sic) has been met. 45. Prior to issuance of a building permit, the Project Sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets, alleys and adjoining properties. 46. Prior to issuance of building permits, the Project Sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the rooftop of any structure on the Lower Campus. Rather, such buildings will have clean rooftops. Minor rooftop equipment necessary for operating purposes will comply with all building height criteria, and shall be concealed and screened to blend into the building roof using materials compatible with building materials. 47. Prior to issuance of building or grading permits, the Project Sponsor shall make an irrevocable offer to dedicate and grade the proposed linear and consolidated view park as identified in the project description (Figure 3.2.1). The Project Sponsor will dedicate land for a 0.28 acre consolidated view park and a 0.52 acre linear view park. 48. Prior to issuance of a building permit for any lower campus structure, the Project Sponsor shall prepare a study of each proposed building project to assure conformance with the EIR view impact analysis and the PCDP and District Regulations, to ensure that the visual impacts identified in the EIR are consistent with actual Master Plan development. This analysis shall be submitted to and approved by the City Planning Department. 49. In the event that hazardous waste is discovered during site preparation or construction, the Project Sponsor shall ensure that the identified hazardous waste and/or hazardous materials are handled and disposed in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code Division 20, Chapter 6.5), standards established by the California Department of Health Services, Office of Statewide Planning and Development, and according to the requirements of the California Administrative Code, Title 30, Chapter 22. 50. Prior to construction of structures over or near the Wilshire oil well, Project Sponsor shall ensure that the Wilshire oil well, or any abandoned, unrecorded well or pressure 1250.16-36.31 •MMSUM page 9 10/1/96 relief well, is reabandoned to the current standards. Abandonment plans will be submitted to the State Division of Oil and to abandonment procedures. The City's building (DO) shallforapbeonoltif notified rthat the reabandonment was carried out according to DOG procedures. e 51. To further determine the source of the gas on the Lower Campus site, prior to issuance of a grading permit on the Lower Campus, Project Sponsor shall collect gas the nearest fire flooding wells and at Newport Beach Townhomes and compa el thefrom samples to samples taken from the Hoag gas collection wells prior to site grading and construction. 52. A soil gas sampling and monitoring program shall include methane and hydrogen sulfide gas. Samples shall be taken just below the surface, at depth intervals within the removal zone, and at a depth below the depth of actual disturbance. performing this initial study may be at risk of exposure to significant --and 'v�dssi ly lethal --doses of hydrogen sulfide, and shall be appropriately Possibly protected as required.) 53. A site safety plan shall be developed that addresses the risks associated with exposures to methane and hydrogen sulfide. Each individual taking monitoring program shall receive training on the Part in the sampling and on proper personal protective equipment. This training shall be at le slt at thedleveell required by CFR 2910.120. 54. If the analysis of the initial soil gas samples show unacceptable levels of hazardous constituents that have the potential to pose a health risk during construction activities, additional gas collection wells shall be drilled to contain and collect the gas. 55. Continuous monitoring for methane and hydrogen sulfide shall be conducted during the disturbance of the soils and during any construction activities that may result in an increase in the seepage of the gases. The Project Sponsor shall maintain a continuous monitor in the immediate vicinity of the excavation, and a personal monitor, with an alarm, shall be worn by each worker with a potential for exposure. 56. A study of other hazardous constituents that may be present in quantities that pose a health risk to exposed individuals shall be prepared and evaluated prior to the initiation of the project. The constituents studied shall include compounds that are directly related to petroleum, such as benzene and toluene. 57. A study shall be conducted that characterizes the wells, the influent gas, and the effluent of the flare. This study shall characterize the gas over a period of time, to allow f o r potential fluctuations in concentration and rate. 58. A scrubber system shall be required to reduce the concentration of hydrogen sulfide in the influent gas. 59. In the event additional gases are to be collected from newly constructed collection wells as part of a measure to reduce exposures during construction, an evaluation of the capacity and efficiency of the present flare system shall be conducted prior to connecting any new sources. 1250.16-36.31 •MMSUM Page 10 10/1/96 60. An automatic re -light system shall be installed on the flare system to reduce the risk of a potential release of high concentration of hydrogen sulfide. The system shall be designed with an alarm system that notifies a remote location which is manner (sic) 2 4 hours per day. 61. A continuous hydrogen sulfide monitor that would give warning of a leak of concentrations in excess of acceptable levels shall be installed in the vicinity of the flare. 62. A study of the concentration of potential hazardous constituents shall be conducted prior to initiation of the project to characterize the wastewater and any risks it may pose to human health prior to development. A stormwater pollution prevention plan shall be developed to reduce the risk of the transport of hazardous constituents from the site. The Hospital shall apply for coverage under the State Water Resources Control Board's General Permit for Storm Water Discharges Associated with Construction Activity and shall comply with all the provisions of the permit, including, but not limited to, the development of the SWPPP, the development and implementation of Best Management Practices, implementation of erosion control measures, the monitoring program requirements, and post construction monitoring of the system. 63. Soil samples shall be collected from appropriate locations at the site and analyzed for BTEX and priority pollutants; if the soils are found to contain unacceptable levels of hazardous constituents, appropriate mitigation will be required, including a complete characterization of both the vertical and horizontal extent of the contamination, and a remedial action plan shall be competed and approved by the California Regional Water Quality Control Board. The Project Sponsor must demonstrate to the City of Newport Beach compliance with this measure prior to issuance of any permits for Phase I construction activities. 64. Prior to the issuance of grading or building permits, the Project Sponsor shall evaluate all existing vent systems located on the lower campus and submit this data to the City Building and Fire Departments, the State Department of Conservation, Division of Oil and Gas, and the 'Southern California 'Air Quality Management District for comment. Additionally, any proposed new passive vents shall be evaluated by these agencies prior to the issuance of grading or building permits. If the vents are emitting detectable levels of hydrogen sulfide and/or toxins, the emitted gases must be treated prior to discharge in a manner acceptable to these agencies. 65. If required by the Southern California Air Quality Air Management District, an air dispersion model shall be required in order to predict the cumulative effects of the emissions. Compliance with any additional requirements of the AQMD shall be verified through a compliance review by the district with written verification received by the Newport Beach Building Department. 66. Before the issuance of building permits, the Project Sponsor shall submit plans to the Building Department, City of Newport Beach, demonstrating that continuous hydrogen sulfide monitoring equipment with alarms to a manner (sic) remote location have been provided in building designs. This monitoring equipment must be the best available monitoring system, and the plans must include a preventative maintenance program for the equipment.and a calibration plan and schedule. 1250.16.36.31-MMSUM Page 11 10'1/96 67. Prior to issuance of a grading permit, the Project Sponsor shall ensure that the inferred fault traversing the site is trenched and monitored for gas prior to site grading and construction. If gas monitoring indicates a potential risk during grading, additional gas collection wells will be drilled to collect and contain the gas. 68. Prior to issuance of building permits, Project Sponsor shall submit plans to the City of Newport Beach ensuring that all structures built on the Lower Campus are designed for protection from gas accumulation and seepage, based on the recommendations of a geotechnical engineer. 69. Project Sponsor shall submit plans to the City of Newport Beach indicating where gas test boring will be drilled under each proposed main building site once specific building plans are complete. Such testing shall be carried out, and test results submitted to the City's building official, prior to issuance of grading permits. If a major amount of gas Is detected, a directionally drilled well will be permanently completed and put into the existing gas collection system. 70. Project Sponsor shall submit plans to the Grading Engineer, City of Newport Beach, with passive gas collection systems under the foundations. indicating that all buildings and parking lots on the Lower Campus will be constructed Such a system typically consists of perforated PVC pipes laid in parallel lengths below the foundation. Riser type vents will be attached to light standards and building high points. Additionally, parking lots on the Lower Campus will contain unpaved planter areas and vertical standpipes located at the end of each length of PVC pipe. The standpipes will serve to vent any collected gas to the atmosphere. A qualified geotechnical firm shall be retained to design such systems. 71. Prior to issuance of building permits, Project Sponsor shall submit plans to the Building Department, City of Newport Beach, demonstrating that all buildings on the Lower Campus are sealed from gas migration. Such sealing may be installed by the use of chlorinated polyethylene sheeting or similar approved system. All materials of construction including the PVC piping and the ground lining must be evaluated for compatibility with the existing environmental conditions of the soils and/or potential gases. 72. Prior to issuance of building permits, Project Sponsor shall submit plans to the City of Newport Beach Building and Fire Departments demonstrating that all buildings on the Lower Campus will be equipped with methane gas sensors. Such sensors will be installed in areas of likely accumulation, such as utility or other seldom used rooms. Sensors can monitor on a continuous basis, and can be tied into fire alarm systems for 24 hour surveillance. 73. To avoid possible accumulation of gas in utility or other seldom used service or storage rooms, Project Sponsor shall submit plans to the City of Newport Beach Building Department prior to issuance of building permits indicating that such rooms are serviced by the build's (sic) central air condition system (or an otherwise positive ventilation system that circulates and replaces the air in such rooms on a continu basis). ous 1250.16-36.31-MMSUM Page 12 10/1/96 74. During construction, Project Sponsor shall ensure that an explosimeter is used to monitor methane levels and percentage range. Additionally, construction contractors shall be required to have a health and safety plan that includes procedures for worker/site safety for methane. If dangerous levels of methane are discovered, construction in the vicinity shall stop, the City of Newport Beach Fire Department shall be notified and appropriate procedures followed in order to contain the methane to acceptable and safe levels. 75. The Project Sponsor may remove the flare system, contain the gas and utilize the gas f o r Lower Campus facilities. During the containment process and removal of the flare, the Project Sponsor shall ensure that methane levels are monitored throughout the project area to ensure that this transition does not create an upset in methane levels or create odors or risk of explosion. 76. Prior to development on he (sic) Lower Campus, the Project Sponsor shall submit to the City of Newport Beach within one year of May, 1992, plans to install a scrubber system to remove hydrogen sulfide from the influent gas to the flare. The design and construction of the system should be in accordance with the Best Available Control Technologies, and must be in compliance with SCAQVO (District) Regulation XIII, emission offsets and New Source Review. 77. As required by the District, the Project Sponsor shall develop a sampling and analysis protocol for District approval to evaluate the impact the existing and post -scrubber emissions will have on the ambient air quality and on possible receptor populations. The required evaluation shall include analysis for criteria and toxic pollutants, and an evaluation of the potential risks associated with the emission of these pollutants (Rule 1401). Included in the plans for the design of the scrubber system should be a make-up gas source. 78. The plans for the design of the new system will include a calibration and maintenance plan for all equipment, if required by the District as a permit condition, automatic shutdown devices, sensors and charts for continuous recording of monitoring, and flame arresters. The project sponsor shall evaluate enclosing or placing new equipment underground. 79. The Project Sponsor shall submit plans to the City of Newport Beach Building Department that demonstrate that the flare operation will be shut down within four years of August, 1992. The project sponsor must prepare and obtain approval from the SCAQMD to implement a sampling and analysis protocol for evaluation of the existing emissions from the flare after scrubbing (Mitigation Measures 75 & 76), and the effect of flare shutdown on ambient air quality. The methane gas source should be used, i f engineering design allows, as a supplemental source of fuel for the Hospital's boilers. I f the gas is not usable, the flare shall be relocated 80. The plans for the design of the new system will include a calibration and maintenance plan for all equipment, and if required by the District as a permit condition, automatic shutdown devices, sensors and charts for continuous recording of monitoring, and flare arresters. The project sponsor shall evaluate enclosing or placing new equipment underground. 1250.16-36.31•MMSUM Page 13 10/1/96 �//� 81. Prior to Installation of the scrubber system, the Project Sponsor shall develop a protocol for a study to evaluate the integrity of the control equipment and piping, The Project Sponsor must obtain agreement from the District on the protocol prior to initiating the study. 82. Before the issuance of building permits, the Project Sponsor shall submit plans to the Building Department, City of Newport Beach, demonstrating compliance with all applicable District Rules, including Rule 402, Public Nuisance, and Rule 403, Fugitive Dust. 83. Before the issuance of building permits, the Project Sponsor must submit plans to the City of Newport Beach demonstrating that its Hazardous Materials and Waste Management Plan and its Infectious Control Manual have been modified to include procedures to minimize the potential impacts of emissions from the handling, storage, hauling and destruction of these materials, and that the Project Sponsor has submitted the modified plans to the City of Newport Beach, Fire Prevention Department, and the Orange County Health Care Agency, as required by the Infections Waste Act and andAB2the/2 ran 87. 84. Project Sponsor shall continue compliance with its Hazardous Material and Waste Management Program and its Infectious Control Manual for all new activities associated with the proposed Master Plan, as well as comply with all new regulations enacted between now and completion of the proposed Master Plan. 85. To the satisfaction of the City building official, the Project Sponsor shall expand existing hazardous infectious, radiological disposal facilities to add additional storage areas as necessary to accommodate the additional waste to be generated by the expanded facilities. 86. The Project Sponsor shall provide evidence to the Planning Director that measures to ensure implementation and continued compliance with all applicable SCAQMD, Air Toxic Rules, specifically Rules 1401, 1403, 1405 and 1415, are being carried out. 87. The Project Sponsor shall submit plans to the City Building Department verifying that all roadways associated with the development of the Master Plan will be paved early in the project, as a part of Phase I Master Plan development construction activities. 88. The Project Sponsor shall submit plans to the City Building Department prior to the issuance of a building permit for each phase of development, verifying that energy efficiency will be achieved by incorporating appropriate technologies and systems into future structures, which may include: • High efficiency cooling/absorption units • Thermal storage and ceramic cooling towers • Cogeneration capabilities • High efficiency water heaters • Energy efficient glazing systems 1250.16.36.31 •MMSUM Page 14 10/1/96 /—�.7 • Appropriate off -hour heating/cooling/lighting controls • Time clocks and photovoltaic cells for lighting controls • Efficient insulation systems • Light colored roof and building exteriors • PL lighting and fluorescent lighting systems • Motion detector lighting controls • Natural interior lighting - skylights, clerestories • Solar orientation, earth berming and landscaping 89. The Project Sponsor shall demonstrate to the City Building Department that methods and materials which minimize VOC emissions have been employed where practical, available and where value engineering allows it to be feasible. 90. In conjunction with the Critical Care Surgery addition, he (sic) Project Sponsor will place the overhead power lines located west of the Upper Campus underground if feasible. 91. Prior to the issuance of grading permits, emergency fire access to the site shall be approved by the City Public Works and Fire Department. 92. Prior to the issuance of building permits, the Project Sponsor shall demonstrate that final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water -using facilities. The Project Sponsor will also comply with any other City adopted water conservation policies. 93. Prior to issuance of grading permits, a master plan of water and sewer facilities shall be prepared for the site. The Project Sponsor shall verify the adequacy of existing water and sewer facilities and construct any modifications or facilities necessitated by the proposed project development. 94. Prior to the issuance of building permits, the Project Sponsor shall demonstrate, to the satisfaction of the City Fire Department, that all buildings shall be equipped with fire suppression systems. 95. Prior to issuance of building permits, the Project Sponsor shall demonstrate to the City Fire Department that all existing and new access roads surrounding the project site shall be designated as fire lanes, and no parking shall be permitted unless the accessway meets minimum width requirements of the Public Works and Fire Departments. Parallel parking on one side may be permitted if the road is a minimum 32 feet in width. 96. Prior to issuance of a building permit, the Project Sponsor shall demonstrate to the City that the thermal integrity of new buildings is improved with automated time clocks or ` occupant sensors to reduce the thermal load. 1250.16.36.31-MMSUM Page 15 10/1/96 �� n 97. Prior to issuance of a building permit, the Project Sponsor shall demonstrate to the City that window glazing, wall insulation, and efficient ventilation methods have been incorporated into building designs. 98. Prior to issuance of a building permit, the Project Sponsor shall demonstrate that building designs incorporate efficient heating units and other appliances, such as water heater, cooking equipment, refrigerators, furnaces and boiler units. 99. Prior to the issuance of a building permit, the Project Sponsor shall incorporate into building designs, where feasible, passive solar designs and solar heaters. 100. Sponsor shall ensure that all cut material is disposed of at either an environmentally cleared development site or a certified landfill. Also, all material exported off site shall be disposed of at an environmentally certified development cleared landfill with adequate capacity. 101. In conjunction with the application for a grading permit, the Project Sponsor shall submit a construction phasing and traffic control plan or (sic) each phase of development. This plan would identify the estimated number of truck trips and measures to assist truck trips and truck movement in and out of the local street system (i.e., flagmen, signage, etc.). This plan shall consider scheduling operations affecting traffic during off-peak hours, extending the construction period and reducing the number of pieces of equipment used simultaneously. The plan will be reviewed and approved by the City Traffic Engineer prior to issuance of the grading permit. 102. The Project Sponsor shall ensure that all haul routes for import or export materials shall be approved by the City Traffic Engineer and procedures shall conform with Chapter 15 of the Newport Beach Municipal Code. Such routes shall be included in the above construction traffic plan. 103. The Project Sponsor shall provide advance written notice of temporary traffic disruptions to affected areas, business and the public. This notice shall be provided at least two weeks prior to disruptions. 104. The Project Sponsor shall ensure that construction activities requiring more than 16 truck (i.e., multiple axle vehicle) trips per hour, such as excavation and concrete pours, shall be limited between June 1 and September 1 to avoid traffic conflicts with beach and tourist traffic. At all other times, such activities shall be limited to 25 truck (1.e., multiple axle vehicle) trips per hour unless otherwise approved by the City traffic engineer. Haul operations will be monitored by the Public Works Department and additional restrictions may be applied if traffic congestion problems arise. 105. The Project Sponsor shall ensure that all trucks used for hauling material shall covered to minimize material loss during transit. be 106. Project Sponsor shall ensure that all project related grading shall be performed in accordance with the City of Newport Beach Grading Ordinance which contains procedures and requirements relative to dust control, erosion and siltation control, noise grading related activities. , and other 1250.16-36.31-MMSUM Page 16 10/1/96 107. Prior to issuance of grading permits, the Project Sponsor shall demonstrate compliance with SCAQMD Rule 403 which will require watering during the morning and evening prior to or after earth moving operations. To further reduce dust generation, grading should not occur when wind speeds exceed 25 miles per hour (MPH), and soil binders on SCAQMD approved chemical stabilizers should be spread on construction sites or unpaved areas. Additional measures to control fugitive dust include street sweeping of roads used by construction vehicles, reduction of speeds on all unpaved roads to 15 miles per hour, suspension of operations during first and second stage smog alerts, and wheel washing before construction vehicles leave the site. 108. Prior to issuance of any grading and building permit, the Project Sponsor shall submit a Trip Reduction Plan for construction crew members. This plan shall identify measures, such as ride -sharing and transit incentives, to reduce vehicle miles traveled by construction crews. The plan shall be reviewed and approved by the City Traffic Engineer. 109. Prior to issuance of a grading permit for each phase of construction, the Project Sponsor shall submit an analysis to the City Building Department that documents the criteria emissions factors for all stationary equipment to be used during that phase of construction. The analysis shall utilize emission factors contained in the applicable SCAQMD Handbook. The analysis shall also be submitted to the City of Newport Beach Planning Department for review and approval. 110. The Project Sponsor shall ensure that low emission mobile and stationary equipment is utilized during construction, and low sulfur fuel is utilized in stationary equipment, when available. Evidence of this fact shall be provided to the City of Newport Beach prior to issuance of any grading or building permit. 1 1 1. The Project Sponsor shall ensure that all internal combustion engines associated with construction activities shall be fitted with properly maintained mufflers and kept in proper tune. 112, The Project Sponsor shall ensure that 'construction activities are conducted in accordance with Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 a.m. to 6:00 p.m. on weekdays, and 8:00 a.m. to 6:00 p.m. on Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner that produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any holiday. 113. Subsequent to the approval of this Agreement by the Coastal Commission and the expiration of any statute of limitation for filing a legal challenge to this Agreement, the Master Plan, or the EIR, Hoag shall deposit Two Hundred and Fifty Thousand Dollars ($250,000) in an account, and at a financial institution, acceptable to City. The account shall be in the name of the City provided, however, Hoag shall have the right to access the funds in the event, but only to the extent that, Hoag constructs or installs the improvements described in (i) or (ii). Funds in the account shall be applied to the following projects (in order of priority upon notice to proceed served by City on Hoag); 1250.16-36.31-MMSUM Page 17 10/1/96 The construction of a sidewalk and installation of landscaping In the CalTrans right-of-way along the west side of Newport Boulevard southerly of Hospital Road; The construction of facilities necessary to bring reclaimed water to West Newport and/or the Property; Any funds remaining in the account after completion of the projects described in (i) and (ii) shall be used by the City to fund, in whole or in part, a public improvement in the vicinity of the property. 114. Rooftop mechanical equipment screening on the emergency room expansion shall not extend closer than fifteen feet from the west edge of the structure and no closer than ten feet from the edge of the structure on any other side. 115. Noise from the emergency room expansion rooftop mechanical equipment shall not exceed 55 dBA at the property line. 116. The Project Sponsor shall pay 75% of the cost of planting thirty 24 -inch ficus trees (or the equivalent) in the berm between the service road and Villa Balboa southerly tennis courts. Planting shall occur on Villa Balboa property. 117. Use of the heliport/helipad shall be limited to emergency medical purposes or the transportation of critically ill patients in immediate need of medical care not available at Hoag Hospital. Helicopters shall, to the extent feasible, arrive at, and depart from the helipad, from the northeast, to mitigate noise impacts on residential units to the west and south. 118. For any building subject to the issuance of the building permit by the Office of the State Architect, Hoag Hospital shall submit to the State Architect a letter from the City of Newport Beach indicating that review of the construction plans has been competed and that the plans are in compliance with all City requirements. 1 1 9. Non -vehicular activities, such as the operation of the trash compactor, which occur in the vicinity of the service/access road shall be operated only between the hours of 7:00 a.m. and 7:00 p.m. daily. 120. Within one year from the date of final approval of the Planned Community District Regulations and Development Plan (sic) by the California Coastal Commission, as an interim measure, the Project Sponsor shall implement an acoustical and/or landscape screen to provide a visual screen from and reduce noise to adjoining residences from the loading dock area. The design process for the Critical Care Surgery Addition shall include an architectural and acoustical study to insure the inclusion of optimal acoustical screening of the loading dock area by that addition. Subsequent to the construction of the Critical Care Surgery Addition, an additional acoustical study shall be conducted to assess the sound attenuation achieved by that addition. If no significant sound attenuation is achieved, the hospital shall submit an 1250.16.36.31-MMSUM Page 18 10/1/96 architectural and acoustical study assessing the feasibility and sound attenuation implications of enclosing the loading dock area. If enclosure is determined to be physically feasible and effective in reducing noise impacts along the service access road, enclosure shall be required. Any enclosure required pursuant to this requirement may encroach into any required setback upon the review and approval of a Modification as set forth in Chapter 20.81 of the Newport Beach Municipal Code. 121. Prior to issuance of a grading permit for each individual phase of development (i.e., I, 11 or III) the Project Sponsor shall conduct a CO hot spot analysis for the subject phase of development. This analysis shall utilize the EMFAC7EP emission factor program for the buildout year of the subject phase of development and the CALINE4 CO hot spot model or the model recommended for such analysis at that time. The results of this analysis shall be submitted to the City of Newport Beach Planning Department for review. City staff will verify consistency with the results of the project buildout CO analysis. 122. The methane gas facility and all building on the lower campus shall be subject to all laws and regulations applicable, including, but not limited to, the Federal Regulation contained in 29 CFR 1910, the State Health and Safety Code, Division 20, Chapter 6.905 (sic), and the regulations of OSHA and the National Fire Protection Association. Prior to the issuance of building permits on the lower campus, the Project Sponsor shall submit to the Newport Beach Fire Department a compliance review report of all the above referenced laws and regulations. 123. The design of the critical care/surgery addition shall incorporate screening devices for the windows which face the Villa Balboa area for the purpose of providing privacy f o r residents, so long as these screening devices can be designed to meet the Hospital Building Code requirements regarding the provision of natural light to the facility. 250.16-36.31-MMSUM Page 19 10/1/96 FLETCHER JONES MOTOR CARS DEVELOPMENT AGREEMENT NO. 9 Project Status Report Review of the Development Agreement between The City of Newport Beach, The Irvine Company and Fletcher Jones Motor Cars Introduction On September 11, 1995, the City Council approved the Development Agreement between the City of Newport Beach, Fletcher Jones Motorcars, Inc., and the Irvine Company. As part of the agreement between Fletcher Jones and the City, a sharing of entitlement and development costs was agreed to in a Memorandum of Understanding executed on March 10, 1995. The MOU provided for the City to offset certain development costs which were extraordinary, due to the highly constrained nature of the proposed development site. The Development Agreement includes the provision that the Irvine Company would dedicate the San Diego Creek North property to the City of Newport Beach by a Dedication Agreement. A Declaration of Special Land Use Restrictions provides for The Irvine Company to maintain some control over the use and improvements on the property. In approving Development Agreement No. 9 for the Fletcher Jones site, the City Council approved an amendment of Development Agreement No. 6. The previously approved CIOSA Agreement included the San Diego Creek North site. The Planned Community District Regulations for the San Diego Creek North required an amendment deleting the permitted park- and-ride facility and fire station for this site and changed the land use designation for a portion of the site from Open Space to Retail and Service Commercial to allow the Fletcher Jones Mercedes Benz Dealership project to be constructed on this site. Also included in the amendment to the CIOSA agreement was: a change of the development acreage on San Diego Creek North from 0 acres to 9.6 acres; the amendment of the "Category 2" provisions for San Diego Creek North; the deletion of the requirement for the Irvine Company to dedicate 8.6 acres of land on San Diego Creek North for open/space public facilities; and the allowance for the remaining 5.1 acres to be used for a wetland mitigation site and Bayview Way street. At the same meeting on September 11, 1995, the City Council approved several related documents: General Plan Amendment No. 95-1(D) and Local Coast Program Amendment No. 39 to designate the property for Retail and Service Commercial use and establish the permitted intensity of development; Amendment No. 823 to amend the San Diego Creek North/Jamboree MacArthur Planned Community District Regulations; Use Permit No. 3565 to allow the establislunent of an automobile dealership on the property; Traffic Study No. 108; and an amendment to Development Agreement No. 6 (CIOSA). 86 On November 16, 1995, the California Coastal Commission granted a Coastal Development Permit to the City of Newport Beach and Fletcher Jones Motorcars, co -applicants, for the San Diego Creek North site. II. Purpose The purpose of the Development Agreement is to allow for the development of a previously undeveloped site known as the "San Diego Creek North" with the Fletcher Jones Mercedes Benz automobile dealership that is successfully operating in another area of the city. The City, in wishing to retain the Fletcher Jones dealership that is the single largest sales tax generator in the City of Newport Beach, has agreed to certain terms and conditions to secure interest in and entitlements of the development site. Pursuant to Section 7.04 of the Development Agreement and Chapter 15.45 of the Municipal Code, the city shall conduct an annual review of Development Agreement No. 9, to review the parties' good faith and substantial compliance with the agreement in addition to those terms and conditions required of the City of Newport Beach. For this review period, the conditions and mitigation measures that are required, are listed below with an explanation as to how the requirements were or are being met. Current Status The subject property is currently being developed. Building Permits were issued for the construction of the auto dealership on July 29, 1996. DEVELOPMENT AGREEMENT NO. 9 The City is to acquire three parcels of land located at 3300 Jamboree Road which are owned by the Irvine Company, Transportation Corridor Agency and CalTrans. The Dedication Agreement: required the City to determine that the Irvine Company has satisfied all of its "CIOSA" obligations with respect to the San Diego Creek North parcel. The City is to perform all of its obligations under the Dedication Agreement dated December 11, 1995. The three parcels of land generally located at 3300 Jamboree Road have been acquired as follows: a. The Irvine Company parcel was deeded to the City of Newport Beach on February 9, 1996. b. The Cal -Trans parcel was deeded to the City of Newport Beach on February 9,1996. C. The TCA parcel was deeded to the City of Newport Beach on March 18, 1996. 87 r`\ There was no monetary payment for either the Irvine Company, or the TCA parcels. However, the City of Newport Beach paid Cal -Trans $230,000.00 to purchase the Cal -Trans owned parcel. The purchase price was based on an appraisal. Pursuant to the provisions of Development Agreement No. 9, Fletcher Jones Motorcars reimbursed the City the same amount. The El Paseo storm drain is currently under construction with an anticipated completion date of October 31, 1996. 2. The City is to obtain all non-City_permits in cooperation with Fletcher Jones. All non - City permits, such as California Coastal Commission, Southern California Edison, Mesa Consolidated Water District, etc. have been obtained. The Mouth of Big Canyon Coastal Sage Mitigation Program is in progress. An area -wide (approximately 20.5 acres) invasive and exotic weed removal contract was recently completed and initial planting of the revegetation sites will begin shortly and will be complete by December. Both the area wide weed removal and revegatation work are being completed under private contracts paid by Fletcher Jones Motorcars, and inspected by a biological consultant under contract to the City. 3. The City is to construct the Bayview Drive extension 600 feet east of Jamboree Road at an estimated cost of $400,000 and Fletcher Jones has agreed to reimburse the City $80,000 for the next five years to pay for those costs. The Newport Beach City Council awarded a construction contract for Bayview Way on August 12, 1996. 4. The City is to convey the Irvine Company parcel to Fletcher Jones at a cost equal to the purchase price paid by the City to Cal -Trans, and to lease the Transportation Corridor Agency parcel to Fletcher Jones for $1.00 per year. The Cal -Trans parcel has been deeded to Fletcher Jones Motor Cars and the purchase price has been paid to the City of Newport Beach by Fletcher Jones Motor Cars; the TCA parcel has been leased to Fletcher Jones Motor Cars and the Irvine Company parcel has been deeded to Fletcher Jones Motor Cars, as previously indicated. Deeds for the foregoing transfers were recorded on May 28, 1996. 5. The City is to split the cost of the entitlement process 50-50. (Fletcher Jones has agreed to pay for all costs to construct the new dealership) and to prepare all the plans and specifications for theproject. 88 Fletcher Jones Motor Cars has paid on one-half of the entitlement costs as they have been incurred and as evidenced by two invoices issued by the City of Newport Beach which Fletcher Jones Motor Cars paid totaling $143,291.24. Construction of the dealership is ongoing and Fletcher Jones Motor Cars has borne all costs thereof. All plans and specifications of the project have been previously prepared, submitted and approved by all relevant entities. 6. CIOSA Financing District: Special Improvement District No. 95-1 approved by the City Council on June 12, 1995. 7. Fair Share Fees: Fletcher Jones Motor Cars has paid its fair share fees and City staff is to determine if the Irvine Company has received their 50% as required under the Dedication Agreement. 8. Block 500: The Dedication Agreement confirms that the City has approved an amendment to the PC Text for Block 500, which established that the current parking supply for all uses within Block 500 and satisfies the requirements of the Zoning Code. 9. CIOSA Obligations: The minutes of the City Council meeting of December 11, 1995 reflect the Council's finding that The Irvine Company has fully satisfied all of its obligations pursuant to CIOSA with respect to the San Diego Creek North parcel. 10. Directional Sign: Pending. Fletcher Jones Motor Cars' architect and the Irvine Company are working to determine the final location of the sign. 11. Obtaininp, of contipauous parcels sale of the CalTrans Parcel to the City of Newport Beach. (Quitclaim Deed and Easement). All parcels relative to the site have been acquired and/or transferred, quitclaimed, or leased to Fletcher Jones Motor Cars as required under the Development Agreement. All easements required to be obtained have been granted. 12. Declaration of Special Land Use Restrictions and Right of First Refusal: The Declaration of Special Land Use Restrictions and Right of First Refusal was executed by all parties and recorded on February 27, 1996. 89 13. Lease Agreement: The lease agreement for the TCA parcel was executed by the City of Newport Beach and Fletcher Jones Motor Cars on May 20, 1996, and a Memorandum of Lease was recorded with the Orange County Recorder on July 19, 1996. 14. Environmental Impact Report No. 155 and Use Permit No. 3565- Conditions of Approval: EIR No. 155 and Use Permit No. 3565 were approved by the City Council in August, 1995. All mitigation measures and conditions of approval have been satisfied. 15. Landscape Plans, Lighting and Noise: Appropriate "Holds" have been placed on the building permits to allow for final acoustical and lighting reports from engineers. Preliminary reports have been submitted. 16. Archeology and paleontology: Reports to be submitted upon completion of grading activities. 90 0 0 CIOSA AGREEMENT DEVELOPMENT AGREEMENT NO.6 Project Status Report Review of the Development Agreement between the City of Newport Beach and the Irvine Company Involving the Proposed Circulation Improvement and Open Space Agreement I. Introduction On September 14, 1992, the City Council adopted Ordinance No. 92 -35 adopting Development Agreement No. 6., through which the City of Newport Beach and the Irvine Company entered into the Circulation Improvement and Open Space Agreement ( CIOSA), which involves eleven parcels owned by the Irvine Company within the City of Newport Beach. Of the eleven, nine are within the coastal zone boundary. The nine parcels are known as San Diego Creek South, San Diego Creek North, Jamboree/MacArthur, Upper Castaways, Bay View Landing, Newporter North, Newport Knoll, Newporter Resort and Corporate Plaza West. Seven of the nine parcels are adjacent to Upper Newport Bay. The CIOSA was authorized pursuant to Government Code Section 65867 and Chapter 15.45 of the Newport Beach Municipal Code. The agreement was recorded as Document No. 93- 0479122 of the Official Records of Orange County, California. Pursuant to California Government Code Section 65869, a development agreement is not valid for a development project located in an area for which a local coastal program is required to be prepared and certified unless the Commission approves such development agreement by formal commission action. Since the Development Agreement involves nine sites in the coastal zone, the City of Newport Beach and the Irvine Company submitted the development agreement to the California Coastal Commission for their approval. The Coastal Commission identified a number of issue areas which needed resolution prior to approval. In an attempt to resolve these issues, the Irvine Company prepared an addendum to the CIOSA development agreement in order to clarify the authorities of the City and Coastal Commission and resolve the concerns of the Coastal Commission. On May 24, 1993, the City Council adopted Ordinance 93 -8 amending the Development Agreement and on June 10, 1993, the California Coastal Commission gave final approval to the Circulation Improvement and Open Space Agreement ( CIOSA). The agreement was then executed and recorded. In December of 1993, the City Council formed an ad hoc committee to develop an implementation strategy for CIOSA. As a result of the 53 0 0 committee's suggestion, a CIOSA Implementation District was approved by the City Council on April 25, 1994. The City of Newport Beach Special Improvement District Financing Code (the "Act") was enacted by the City Council, pursuant to its charter city powers to provide a method of financing certain public capital facilities and services in the City. Once duly established, a special improvement district is a legally constituted governmental entity within defined boundaries, with the City Council acting on its behalf. Subject to approval by a two- thirds vote of qualified electors and compliance with the provisions of the Act, the City Council may issue bonds for a special improvement district and may levy and collect a special tax within such district to repay such indebtedness. On May 8, 1995, the City Council of the City began the formal proceedings to establish its Special Improvement District No. 95- 1(CIOSA) (the "District ") when it adopted its Resolution Declaring Intention to Establish a Special Improvement District and to Authorize the Levy of Special Taxes, under the provisions of the Act. Following a duly noticed public hearing on June 12, 1995, the City adopted its Resolution of Formation of Special Improvement District No. 95 -1 ( CIOSA), Authorizing the Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District (the "Resolution of Formation "), and its Resolution Calling Special Election for Special Improvement District No. 95 -1 ( CIOSA). Thereafter an election was held within the District, at which election authorized representatives of the Irvine Company (the "Company "), as the then sole landowner of all the taxable property within the District, cast 100% of the ballots in favor of the proposition of approving formation of the District, authorizing the incurring of indebtedness, the levying of a special tax, and establishing an appropriations limit within the District. Following the election, on June 26, 1995, the City Council adopted its Resolution Declaring Results of Special Election and Directing Recording of Special Tax Lien. Pursuant to such Council direction, the Notice of Special Tax Lien was recorded in the official records of the County Recorder of the County of Orange. As a result of these proceedings, taken pursuant to the Act, authority has been conferred upon the City Council to annually levy a special tax against parcels of land within the District and to issue special tax bonds in amounts not to exceed a total of $26,750,000 to finance certain costs and expenses relating to the construction and acquisition of public capital improvements as specified in Exhibit A to the Notice of Special Tax Lien. On December 1., 1995, the CIOSA Bonds were issued in the principal amount of $7,500,000. On September 11, 1995, the Newport Beach City Council approved an amendment to Development Agreement No. 6 to allow for the possible future use of an automobile dealership on the San Diego Creek North site, which is comprised of 14.7 acres. The amendment deleted the permitted park -and -ride facility and fire station from the PC Texts for this site and changed the land use designation for a portion of the site from Open Space to Retail and Service Commercial to allow for the development of the Fletcher Jones Mercedes Benz Dealership project. Also included in the amendment to CIOSA was a change of the development acreage on San Diego Creek North from 0 acres to 9.6 acres, M,I 0 1 • an amendment of the "Category 2" provisions for San Diego Creek North, deletion of the requirement for the Irvine Company to dedicate 8.6 acres of land on San Diego Creek North for open space /public facilities, and allowing the remaining 5.1 acres to be used for a wetland mitigation site and Bayview Way street. In November 1995, the California Coastal Commission approved the amendment to CIOSA. The City and Fletcher Jones Motor Cars entered into Development Agreement No. 9, which was approved by the City Council on September 11, 1995 involving the San Diego Creek North site. The status report for Development Agreement No. 9 has been submitted as a separate report from Development Agreement No. 6. II. Purpose The City of Newport Beach and the Irvine Company negotiated a Development Agreement pertaining to eleven parcels in the City. The agreement resulted in building entitlement for the Irvine Company, in exchange for which the City of Newport Beach will receive pre - payment of required "fair- share" road improvement fees, a commitment to construct road improvements adjacent to the proposed projects, and an interest free loan. These benefits total approximately 20 million dollars. Further public benefit arising from the Development Agreement is more public open space than what was currently required in the City's Land Use Element for the subject parcels. The Land Use Element designates 67 acres of open space at the sites. As a result of the amendment to Development Agreement No. 6 and the approval of the Fletcher Jones auto dealership, the open space being dedicated decreased by 8.6 acres. However, the Development Agreement still requires the preservation or dedication of land for park and open space purposes to a greater extent, and more rapidly, than required by the City's Park Dedication Ordinance or the Recreation and Open Space Element. This represents at least 76.17 acres more land than would be required under the City's General Plan, and Park Dedication Ordinance. The Irvine Company entitlement provided by the development agreement is to be effectuated through Planned Community District Regulations (PC Texts). The PC texts are incorporated into Development Agreement No. 6. A separate PC text has been developed for nine of the subject sites. The PC texts include the amount, location and intensity of use allowed at the respective sites. CURRENT DEVELOPMENT STATUS San Diego Creek South - The site is located on the easterly side of Jamboree Road between San Diego Creek and University Drive. The site is designated for "Multi- Family Residential" land use in both the General Plan and the Local Coastal Program. A 300 unit 55 apartment complex known as The Baypoint Apartments is currently under construction on this site. San Diego Creek North - The site is located on the easterly side of Jamboree Road between San Diego Creek and the Corona Del Mar Freeway corridor. This site is designated for Retail and Service Commercial use and the Fletcher Jones Mercedes Benz Dealership is currently being constructed on this site. The dealership is scheduled to open in May, 1997. The Bayview Way extension is currently under construction by the City and is scheduled to be completed by December, 1996. The auto dealership occupies 9.63 acres of the total 14.7 acres. The balance of the San Diego Creek North site is occupied by the San Diego Creek Salt Water Marsh and residual open space. The Salt Water Marsh was a required mitigation site for the San Joaquin Hills Transportation Corridor. Construction (including planting and temporary irrigation) of the Salt Water Marsh is complete, and the maintenance and monitoring period is in progress. The residual open space consists of an undisturbed fresh water marsh and some graded areas adjacent to the Corridor. Jamboree/MacArthur - Open Space, no change. Upper Castaways - The site is located on the Bay side of Dover Drive at 16th Street and Dover Drive. The site is designated for residential land use in the Upper Castaways Planned Community District Regulations, the General Plan, and the Local Coastal Program. Entitlement for the Upper Castaways is approved for 151 dwelling units although the developer, Taylor Woodrow Homes California Ltd., is constructing only 119 single family dwellings on the site. The models for this development are currently under construction in addition to a public park, the Bob Henry Park, which was dedicated on Final Map No. 15012, a passive View Park and bluff top trail, which provide both public and private open space. Bavview Landing - no construction to date. Newporter North - The site is located westerly of Jamboree Road at San Joaquin Hills Road. The site is designated for residential land use in the Newporter North Planned Community District Regulations, the General Plan, and the Local Coastal Program. Entitlement for the Newporter North site is approved for 212 dwelling units. The developer, Standard Pacific Homes is currently constructing 149 single family detached homes at the site and is referred to as "Harbor Cove ". Block 800 - The site is located on San Clemente Drive in Newport Center, across from the former City library site and Newport Harbor Art Museum; across Santa Maria, is the Pacific Mutual office building and related parking. The site is designated for "Multi - Family Residential" uses and is part of the Block 800 Planned Community. The site is entitled for 245 dwelling units and is currently being developed by Irvine Apartment Communities as The Colony Apartment Project with 245 residential condominium units, a clubhouse, guardhouse and subterranean parking garages. KI • Corporate Plaza West - No construction to date. Freeway Reservation - The South area has been developed with 12 new single family dwellings located in the Harbor View Hills Planned Community. The new development is completed. No construction to date, on the proposed 36 units planned for the North site located at Ford Road and MacArthur Boulevard.. Newporter Knoll - Open space mitigation activities in progress. Newporter Resort - no construction to date. Newport Village - Open Space, no change. 57 • • DEVELOPMENT AGREEMENT NO. 6 58 # PROPERTY ENTITLEMENT CURRENT DEVELOP- OPEN DEVELOPMENT MENT SPACE ACRES ACRES TO BE DEDI- CATED I San Diego Creek Residential-300 D.U. Residential-300 18.4 2.4 South D.U. 2. San Diego Creek Retail and Service Retail and Service 9.6 -0- North Commercial Commercial 3. Jamboree/MacArthur Open Space Open Space -0- 4.7 4. Upper Castaways Residential-151 D.U. Residential -119 26.0 30.6 D.U. 5. Bayview Landing Restaurant 10,000 Restaurant - 10,000 5.0 11.1 S.F.or Health Club- S.F.or Health Club- 40,000 S.F. or Senior 40,000 S.F. or Res. -120 D.U. Senior Res. -120 D.U. 6. Newporter North Residential-212 D.U. Residential-149 S.F. 30.0 47.2 7. Block 800 Residential-245 D.U. Residential-245 6.4 D.U. 8. Corporate Plaza West Office-94,000 S.F. Office-94,000 S.F. 9.0 -0- 9. Freeway Reservation north area Residential-36 D.U. Residential-36 D.U. 7.5 17.3 south area Residential -12 D.U. Residential-12 D.U. 3.5 -0- 10. Newporter Knoll Open Space Open Space -0- 12.0 11. Newporter Resort Hotel-Add'l- 68 rooms Hotel-Add'l- 68 onsite -0- rooms 12. Newport Village Open Space Open Space -0- 12.8 (from Library to San Miguel) FT TOTAL 115.4 138.1 58 i STATUS OF DEVELOPMENT AGREEMENT Circulation Improvement and Open Space Agreement Frontage Improve ments• Frontage Improvements to be Constructed or Bonded for with Project Development San Diego Creek South Jamboree Road/University Drive frontage and intersection improvements. Currently under construction. San Diego Creek North Bayview Way extension. Currently under construction. Jamboree/MacArthur No change required. Upper Castaways - Provide R.W. and grade for ultimate width of Dover along property frontage. Right -of -way dedicated on the Parcel Map and improvements have been modified to comply with required permits. A 50% funding of . the ClifVDover Drive improvements are a condition of the Final Tract Map. Newnorter North Construct frontage improvements along Jamboree at access to property. Under construction by the City, nearly complete. Block 800 Install traffic signal at Santa Cruz/San Clemente intersection. Bonded. First bond issue provided funds for construction. Freeway Reservation Construct 1/2 section of MacArthur to ultimate width along frontage of developed portion of property. The developer is providing a bond to cover the construction of the frontage improvements to be approved by City Council. Other Projects A. Construct 1/2 section of MacArthur to ultimate width along frontage of the Irvine Company owned property at Newport Village. Under construction by the City. 59 i 1 .0 B. Construction of 112 section of MacArthur to ultimate width along frontage of Big Canyon Area 16. Presently bonded for and in design stage. The developer gave the city a bond to cover construction of frontage improvements and improvements being designed by the City. 2. Circulation Improvement Funding 2.1 Fair Share Fees - Paid. 2..2 Frontage Improvements. In progress. A. Comnletion/Bonding B. Dedication C. Acceleration of MacArthur Boulevard Right of Way Dedication. This is currently under construction by the Irvine Company 2..3 MacArthur Boulevard Improvements Northerly of Ford Road - Complete. 2..4 Company Advance The City created the CIOSA Finance District. Pursuant to that, bonds were issued to fund the improvements on the developed properties in the principal amount of $7,500,000. f 3. Terns and Conditions of the Advance. The Irvine Company has complied with the terms of the Advance. The first Bond Issue is in place and the City has not requested a second issue. The city will request a second issue as the dollars are needed. 5. Open Space and Public Facility Dedications 5..1 Dedication of open soace/public facilities. The Irvine Company has complied with the required dedications to date. 5..2 Dedications. The Irvine Company has complied with the required dedications to date. 5..3 Mouth of Big Canyon. No compliance required. 6.3 Mello Roos Community Facilities District. CIOSA Financing District established in place of the above. mini] 0 FINDINGS AND CONDITIONS FOR APPROVAL FOR CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT ENVIRONMENTAL IMPACT REPORT NO. 148 DEVELOPMENT AGREEMENT NO.6 TRAFFIC STUDY NO. 82 AMENDMENT NO. 763 AMENDMENT NO. 764 AMENDMENT NO. 765 AMENDMENT NO. 766 AMENDMENT NO. 767 AMENDMENT NO. 768 AMENDMENT NO. 769 AMENDMENT NO.770 Mitigation Measures Aesthetics/Light and Glare 1. Temporary and final grading /landscape plans for the bluff top setback area for the purpose of minimizing bluff erosion: Upper Castaways Detailed final grading and landscape plans have been submitted, reviewed and approved by city staff. Improvements under construction. Newporter North Temporary and final landscape plans approved. Freeway Reservation -South Area Completed. Transportation /Circulation 2. Circulation improvement monitoring program to direct expenditures of funds received under the Development Agreement to make improvements and to monitor the status of those improvements. Annual review of the improvements priority and implementation status. San Diego Creek South Street improvements under construction. San Diego Creek North Improvements under construction. 61 Upper Castaways Dover Drive frontage improvements between Castaways Lane (formerly 16th Street) to Westcliff, are under construction. Newporter Nort h Street improvements under construction. Block 800 Street improvement under construction. Freeway Reservation The 12 units constructed in the south area have been completed and do not show measurable impacts at this time. 3. Construct or post bond for all frontage improvements identified in the Development Agreement: San Diego Creek South Pending. Upper Castaways Pending. Newporter North Pending. Block 800 Pending. Freeway Reservation Completed. Other Proiects A & B Pending. Air Ouality 4. Grading in accordance with SCAQMD Rule 403. 5 -6. Fugitive Dust Control. Will he made a condition of all grading permits. San Diego Creek South In progress. Included in grading plans. 62 0 Upper Castaways In progress. Measure being complied with during grading activities (grading is now 95% completed). Newporter North In progress. Included in grading plans. Block 800 In progress. Measure being complied with during grading. Freeway Reservation Completed. 7. Corporate Plaza West and Bay View Landing- No development has been proposed at this time. 8. Bicycle racks. N/A 9. Bus turnouts and shelters on frontage improvements. San Diego Creek South Relocating existing bus turn -out on Jamboree Road. Under construction. Unger Castaway Bus turn-outs are included as part of the street frontage improvements under construction between Castaways Lane (formerly 16th Street) and Westcliff Drive. Newporter North None required. Block 800 None required. 10. Energy Conserving street and security lighting (in parking lots and pedestrian walkway areas). San Diego Creek South Letter received from electrical engineer. Upper Castaways Lighting plans submitted and being reviewed. Newporter North Included in street improvement plans. Block 800 In the process of being upgraded. 63 • • Freeway Reservation Completed. 1 I. Landscape Plans- emphasis on drought resistant plant species. San Diego Creek South General Services, Public Works approved Upper Castaways Formal submittal of plans pending. Newporter North General Services, Public Works approved. Block 800 Plans have been submitted and approved. Freeway Reservation Completed. Noise 12 -13. A- D)Sound attenuation, interior and exterior. Prior to the issuance of grading and building permits, an acoustical report is to be submitted to the City, incorporating noise standards as specified in the agreement. San Diego Creek South Report received. Upper Castaways Report received August 14, 1996. Newporter North Report received. Preliminary report. Block 800 Report received June, 1996. Freeway Reservation Completed. 14. Freestanding acoustical barriers to be a berm, wall or combination berm and wall. San Diego Creek South Perimeter walls have been constructed. M 6 • • Upper Castaways Perimeter walls under construction. Newporter North Approved plan incorporates Noise Report recommendations to mitigate level of traffic noise to acceptable levels. Block 800 Pending plans submitted for review. Freeway Reservation Completed. Biological Resources 15. Streambed habitats and alterations. Pursuant to Section 1601 -1603 of the State of California Fish and Game Code, the California Department of Fish and Game shall be notified of any alterations to streambed habitats and such notification to be provided to the City. San Diego Creek South No alterations to streambed habitats. Approvals received by Department of Fish and Game. Upper Castaways No alterations to streambed habitats. Newoorter North Approval letter received from Department of Fish and Game. Trails under construction. City responsibilities related to public improvements (e.g. trails, recreational facilities, roads, drainage facilities, etc.) in areas designated for open space, public facility, and/or parks which would alter streambed habitats. City to notify Department of Fish and Game. San Diego Creek South Approval received by Department of Fish and Game. Upper Castaways N/A Newporter North Received acknowledgment by Army Corp of Engineers, letter of verification, Department of Fish and Game notified. 65 0 0 16. Wetland delineation studies in accordance with California Department of Fish and Game and U.S. Army Corps of Engineers permitting processes to be provided to the City. San Diego Creek South Wetland delineation studies completed by LSA and approved by the Department of Fish and Game. No grading is planned in area delineated as wetlands. Upper Castaways Wetland delineation completed by John M. Tettamer and Associates and approved by State Department of Fish and Game. Written notification provided to the City. Newporter North Wetland delineation completed by John M. Tettamer and Associates and approved by State Department of Fish and Game. Written notification provided to the City. City responsibilities related to public improvements (e.g. trails, recreational facilities, roads, drainage facilities, etc) in areas designated for open space, public facility, and/or parks which will encroach into wetlands. City to conduct studies and notify the DFG and USACE. San Diego Creek South N /A. No public use and related facilities designated for this site. Upper Castaways N/A Newporter North Trails are designated along bluff top and partially constructed bordering the upper wetlands. 17. City responsibility: Public use and related facility development for areas proposed for natural open space and passive park uses, plans prepared to include design sensitive to biological resources. Upper Castaways For the passive park, there was no impact to previously identified sensitive resources (wetlands, coastal sage scrub). Newporter North Coastal sage scrub revegetation submitted by LSA and approved by Department of Fish and Game. Bluffside pedestrian path. ILI . 0 18. Grading, earthmoving, and any related construction activities related to residential development. Upper Castaways: Restricted to no grading (except that necessary for trail establishment and improvements, erosion control or bluff stabilization), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. The requirement is being complied with during grading activities. San Diego Creek South No grading, stockpiling of soils, or operation of equipment shall encroach in to the area of Bonita Creek beyond the existing 15 foot elevation contour. Item shown on rough grading plan. Newporter North No grading, stockpiling of soils or operation of equipment shall take place below the existing 60 foot elevation contour surrounding the John Wayne Gulch freshwater marsh. Shown on rough grading plan. 19. Public facility construction; freshwater marsh. San Diego Creek North No encroachment into wetlands, no mitigation needed. 20. Residential development which will encroach into the on -site freshwater marsh; offset plan. Upper Castaways There was an encroachment, but no loss of wetlands resulted in this encroachment. This was reviewed by California Department of Fish and Game. 21. Residential development which will encroach into the on -site freshwater marsh; offset plan. Newporter North Wetland delineation plan studies plan completed in accordance and conjunction with California Department of Fish and Game and U.S. Army Corp of Engineers permitting process. 22. Light and Glare Reduction Plan 67 San Diego Creek South A site lighting plan has been submitted with certification from engineer that design meets specified goals. 23. Fencing of wetlands habitat areas. San Diego Creek South Wetland perimeter line is delineated on rough grading plan with a specification for temporary fencing to be placed in that location. San Diego Creek North Wetlands were fenced by the San Joaquin Hills Transportation Corridor contractor. Upper Castaways It was determined that fencing would not be necessary. Newporter North Wetland perimeter line has been delineated by temporary fencing and noted as part of the rough grading plan. 24. Revegetation plan. San Diego Creek South Habitat and wetlands enhancement plans have been reviewed and approved by U.S. Department of Fish and Wildlife and State Department of Fish and Game as part of Coastal Commission approval. Upper Castaways Revegetation has been completed and growth is being monitored. Newporter Nort h A revegetation plan and report completed by LSA and Associates and approved by State Department of Fish and Game submitted to the City. Newporter Knoll Near completion. San Diego Creek North The off -site mitigation area located at the Mouth of Big Canyon is cleared and ready for planting. 25. Gnatcatcher season. 68 Newoorter North Received written acknowledgment of condition. Listed on grading plans. Earth Resources - Faulting and Seismicity 26. Ground Response Spectrum Study. Buildings 4- stories in height or higher. Block 800 Plans submitted and pending approval 27. Seismic Requirements - Buildings less than four stories in height. San Diego Creek South Building Department approved plans. Upper Castaway Building Department approved plans. Newporter North Building Department approved plans. Freeway Reservation Completed. 28. Bluff tops and slopes- seismic failure studies. San Diego Creek South No habitable buildings are placed on or adjacent to existing slopes or bluffs. Upper Castaways Reviewed and approved by the Building Department. Newporter North No structures are placed adjacent to existing slopes or bluffs. Freeway Reservation Building Department approved. Liquifaction 30. Geotechnical Report. San Diego Creek South Geotechnical report received and recommendations included in grading plans. Upper Castaways Geotechnical report received and recommendations included in grading plans. Nenorter North Geotechnical report received and recommendations included in grading plans. Block 800 Geotechnical report received by Law /Crandall, Inc. and recommendations included in grading plans. Freeway Reservation Complete. Included recommendations in grading plans. Erosion 31. Sheet Flow runoff - catchment devices. 32. Fill slopes replanted with vegetation 33. Berms, brow ditches, top -o -slope soil berms 34. Reduction of surface erosion - use of artificial substances until permanent landscaping is well established. San Diego Creek South Erosion control plan is on rough grading plan. Upper Castaways Included on grading plan. Nenorter North Erosion control plan incorporated in rough grading plan. Block 800 Included on grading plan. Freeway Reservation Included on grading plan. 35. Drainage control devices of surface and subsurface water over or toward the bluffs. Unner Castaway Plans submitted. Installation of drainage devices under construction. Newporter North 70 L Planting and irrigation plan submitted and approved. Approved on rough grading plan. Bluff and Slope Instability 36. Report addressing all salient geotechnical issues related to bluff and slope stability. Upper Castaways Included in geotechnical report. Newporter North Report received from Leighton and Associates. Block 800 Included in geotechnical report. Freeway Reservation Included in geotechnical report. 37. Recommendations for manufactured slope stabilization. 38. Bluff top setback recommendations. 39. Slope stability mitigation recommendations. Upper Castaways Geotechnical report recommendations included in grading permit. Newporter North Approval of rough grading. Geotechnical consultant addressed relevant conditions in his report. Block 800 Geotechnical report recommendations included in grading permit. Freeway Reservation Geotechnical report recommendations included in grading permit. 40. As- Graded Geotechnical map summarizing and documenting compliance with all mitigation measures. Upper Castaway Included in grading plans. Final reports pending completion of grading. Newporter North 71 Included in grading plans. Final reports pending completion of grading. Block 800 Included in grading plans. Final reports pending completion of grading. Freeway Reservation Included in grading plans. Compressible /Collapsible Soil 41. Recommendations for the mitigation of compressible /collapsible soil potential. 42. Recommendations for mitigation of expansive and corrosive soil potential. 43. Reports addressing all salient geotechnical issues, including groundwater. Upper Castaways Included in geotechnical reports and grading plans. Newporter North Included in geotechnical reports and grading plans. Block 800 Included in geotechnical reports and grading plans. Freeway Reservation Included in geotechnical reports and grading plans. Water Resources/Water Ouality 44. Haul Route Plans - watering and sweeping program. Upper Castaways Included in grading plans. Newporter North Included in rough grading plans. Block 800 Included in grading plans. Freeway Reservation Included in grading plans. 45. Erosion Control Methods a -d. Upper Castaways 72 Erosion Control plan approved. Ongoing monitoring. Newnorter North Included in rough grading plans. Block 800 Included in grading plan. Freeway Reservation Completed 46. Diversion of Stormwater Plan. Upper Castaways Included in erosion control plan. Newoorter North Included in erosion control plan. Block 800 Included in grading plans. Freeway Reservation Completed. 47 -48. Temporary gravel entrance. • Upper Castaways Completed. No longer necessary due to subsequent construction. Newnorter North Included as part of rough grading plan. Temporary gravel entrance located off San Joaquin Hills road per city standards. Block 800 Completed Freeway Reservation No longer required, project completed. 49. Temporary sediment basin. Upper Castaways In progress and being monitored by the Building Department. 73 Newnorter North Included on rough grading plan. Block 800 Included on rough grading plans. Freeway Reservation Completed. Drainage Patterns 0 50. Master plans of water, sewer and storm drain facilities. Upper Castaways Completed. Newporter North Completed. Block 800 Completed. Freeway Reservation Completed. Cultural Resources /Archaeology 51 -53. Council Policy K -5. Upper Castaways In progress, final report from RMW Paleo and Associates pending. Coastal Development Permit Approved. Newporter North Macko, Inc. has conducted archeological studies of the site and have provided site monitoring during grading and construction activities. Block 800 In progress. Macko, Inc. has conducted archeo /paleo studies for the site and is continuing to monitor grading construction activities. Freeway Reservation Completed. 74 { 54. Upper Castaways- Cultural Resources compliance. Completed. 55 -57. N/A 58 -61. Newporter North -CA- Ora -51 and CA- Ora -518 compliance. Macko, Inc. preparing final report. 62. N/A 63. Block 800 -CA -Ora -136 compliance. Macko, Inc. preparing final report. 64 -65. N/A 66. Freeway Reservation -CA- Ora -216 compliance. Complete. Paleontology 67 -70. Collection Plan for fossil localities. Newporter North Macko, Inc. prepared site monitoring plan and final report is pending. Upper Castaways Completed, final report pending. Law Enforcement Upper Castaways Reviewed and approved as part of plan review for Tentative Map. Newporter North City reviewed and approved as part of plan review for Tentative Map. Block 800 Reviewed and approved as part of plan review for Tentative Map. Freeway Reservation Reviewed and approved. Water 75 0 0 72 -73. Inclusion in Master Plan of Utilities. Upper Castaways Completed. Newporter North Completed. Block 800 Completed. Freeway Reservation Completed. TRAFFIC STUDY NO. 82 - CONDITIONS 1. Monies provided by the Irvine Company for circulation system improvements. San Diego Creek North Bonded and under construction. Jamboree/MacArthur N/A Upper Castaways Bonded. Bavview Landing N/A Newaorter North Bonded and constructed by developer. Block 800 Bonded. Corporate Plaza West N/A Freeway Reservation Bonded. Newporter Knoll 76 A N/A Newporter Resort N/A Newport Village N/A lJ 77 PACIFIC VIEW DEVELOPMENT AGREEMENT NO. 7 Project Status Report First Annual Review of the Development Agreement between the City of Newport Beach and Pacific View Memorial Park I. Introduction On October 13, 1995, the Development Agreement between the City of Newport Beach and Pacific View Memorial Park was recorded. As specified by the Development Agreement (Section 2.12), the "effective date" of the Development Agreement refers to the date of the Adopting Ordinance. On July 10, 1995, The City Council adopted Ordinance No. 95-26 approving this Agreement and authorizing the City to enter into this Agreement. The adopting Ordinance became effective on August 9, 1995. As part of the City Council's approval of General Plan Amendment No. 94-1(F), Development Agreement No. 7, Site Plan Review No. 69, and Use Permit No. 3518 on June 12, 1995, the project is subject to compliance with numerous conditions and mitigation measures which are designed to mitigate to less -than -significant -levels or eliminate development that may result in a negative impact on the surrounding vicinity. II. Purpose The purpose of the Development Agreement is to enable Pacific View Memorial Park to update its master plan for the build -out of the property with additional facilities, consistent with the currently anticipated internment and funeral service needs of the community, while minimizing the impact of the build -out on the adjoining residences. To accomplish this purpose, the agreement establishes strict binding limits -on the amount, height, and location of permitted development, as well as a requirement to insure compliance with numerous conditions on the timing of construction, the design of structures and landscaping of the property. Future development of the cemetery is subject to substantial conformance with the approved Technical Site Plan. Pursuant to Chapter 15.45 of the Municipal Code, Section 65865.1 of the Government Code, State of California, and Section 6 of the Development Agreement, an annual review is to be conducted by the City of Newport Beach in order for Pacific View Memorial Park to demonstrate good faith substantial compliance with the terms of the Development Agreement. If, as a result of such periodic review, the City finds and determines, on the basis of substantial evidence, the Pacific View Memorial Park has not complied in good faith with terms or conditions of the agreement, the City may terminate or modify the agreement. This project status report is for the review period of August 10, 1995 to August 10, 1996. 78 The annual review includes a review of the following: Development Agreement Conditions and Stipulations, the Mitigation Monitoring Plan and the Restrictive Covenant governing the buffer area. The conditions and mitigation measures that are required per the Development Agreement are listed below with an explanation detailing how the requirements were or are being met. CURRENTSTATUS Grading plans and landscape plans for the buffer area/mausoleum have been approved by city staff but have not been issued. Pacific View expects to obtain grading permits in October for the buffer area and the pad for the Sunset Court addition, to be followed by the construction of the mausoleum addition to Sunset Court. DEVELOPMENT AGREEMENT NO. 7 3.1 Negative Declaration Mitigation Measures 1. Buffer Area Requirements: a. Provision of landscape buffer. The buffer areas have been defined by legal covenant and no uses within the area have taken place inconsistent with the requirements. The installation of the required buffer zone improvement will begin in the fall of 1996 and will be completed within six months of the commencement of the mausoleum construction. b. Covenant and Agreement: This item is completed and recorded in the County Clerk's office on October 13, 1995. In connection with the Approval of the Master Plan, Pacific View Memorial Park has agreed to provide and maintain a permanent landscaped buffer area (the "Buffer Area") within the area described on Exhibit "A" within Pacific View Memorial Park by recording a covenant and agreement to ensure that the Buffer area is maintained in perpetuity. c. Buffer Area Landscaping and Irrigation System. The final Technical Landscape and Irrigation Plans are consistent with the requirements of the Development Agreement including the preliminary landscape plan Exhibit "D". The quantity of plant material shown in the final plan exceeds the requirements of the preliminary plans. The plants have also been selected and located to respect the 430 foot elevation limitation. This plan has been submitted to and reviewed by the Planning Department for consistency with the Development Agreement. d. Installation of Landscaping and Irrigation System. This work (as per 3.1.1a above) is expected to commence this fall upon completion of the buffer zone grading. The work will be executed as quickly as possible and within the time frame required. e. Slopes 1. Slope behind Building Site G, See Exhibit E. The grading plans submitted and currently in final review for permit issuance depict the final slope profile as required in the Development Agreement per Exhibits "E" and "F". The 79 Ir- plans have been reviewed by the Planning Department for compliance with the Development Agreement. Pacific View anticipates obtaining the grading permit and commencing grading of the buffer zone slopes by this fall. 2. Slope behind Building, Site "E" adjacent to Lots 6,7 and 8, See Exhibit "F". Same as above. 3. Slopes behind Building Site "H", See Exhibit "F". Same as above 3.6 Maintenance of Undeveloped Areas Pacific View has continued to maintain the undeveloped areas on a twice yearly basis. Occasionally calls are received from adjacent residents on specific issues. The concerns are immediately addressed by Pacific View. Recently, clean grave site dirt has been disposed of in Area II of the park. This will be leveled out as part of the buffer zone grading. 3.10 Drilling and Engraving To our knowledge, no complaints have been received by Pacific View on the drilling and engraving of crypt markers due to Pacific View's compliance with the Development Agreement. 3.2 Use Permit No. 3518 Conditions of Approval 3.2.1. Family Mausolea permitted in Building "F". A Family Mausoleum was approved under Plan Check No. 609-96 for 200 square feet and is currently under construction. 2.2.d. Garden of Valor Screening. The required element buffering at the Garden of Valor has been installed by Pacific View and has been reviewed and approved by the City as conforming to the intent of the Development Agreement. 3.3 Entitlement Allowed and RemainipZ. First year of Development Agreement: Total Built Allowed Remaining 1995-96 Administration Building 30,000 s.f. 10,317 s.f. -0- Community Mausoleum 121,000 s.f. 102,164 s.f. -0- *Anticipate the construction of 5,200 sq. ft. in 1996-97. Family Mausoleum 12,000 s.f. 11,800 s.L 200 s.f. *Anticipate the construction of 400 s.f. of Family Mausolea or Columbarium in 1996-97. M 4.0 Public Benefit Conditions 4.4. Increased Screening of Sunset Court: The following items were completed by November 8, 1995, per the Development Agreement: a. Installation of shrubs on the existing slopes. Thirty (30) 15-gallon shrubs were added to slopes behind Sunset Court. b. Trees in court yard. Ten (10) 36-inch box trees were added to the court yard at Sunset Court. c. Roof enhancements. Colored rock as well as paint were added to the existing mausoleum roof. Adjacent homeowners selected the rock color. 4.5 Phasiny, a. Minimum of 30 months between phases and 9 months maximum to complete - No major construction has yet occurred on site. 4.6 Buffer Zone Grading and Landscaping. a. All buffer zone grading, landscape and irrigation shall be completed within six (6) months of the commencement of construction (i.e., issuance of building permit) for the next phase of Sunset Court Community Mausoleum Pacific View anticipates completing this work well in advance of this six month period, and anticipates commencement of grading, irrigation and landscaping in the fall of 1996. b. Within 6 months of Effective Date, Pacific View shall plant twenty-six 26) fifteen gallon trees in Area 8. Twenty six (26) 15 gallon trees were planted within Area 8 per the Development Agreement prior to February 7, 1996. c. Within 6 months of Effective Date, Pacific View shall plant five (5) twenty- four inch box trees along the northeasterly boundary of BuildingSite ite D. Five (5) 24" box trees were planted along building Site "D" per the Development Agreement by February 7, 1996. 4.4 Off -site Landscaping a. Reimbursement of costs for nurchasinp- and plantinia within the common homeowner's association landscape area along the southeast boundary of Building Site E. The Spyglass Hill Community Master Association has been reimbursed earlier this year for costs associated with landscaping their property along the southerly Pacific View boundary. They have recently begun this work. 4.5 430' Covenant Pacific View has prepared grading, landscaping and irrigation plans consistent with the 430 foot elevation limitation within the 125 foot setback area. Existing plant material was placed by homeowners as a courtesy since they planted these shrubs. 81 4.10 Ground Burial a. BuildingSte E. Building Site E remains undeveloped and is not anticipated for cemetery development for several years. b. Other Building Sites. Pacific View is in full compliance with the provisions of this section. e. Ground Burial Outside of Building Sites. (1) Developed Areas (1-10). Pacific View is in full compliance with this section. A portion of Area 10 was developed into lawn area in early 1996. (2) Undeveloped Areas (Area 11). This area remains in an undeveloped condition. Development is not anticipated in 1996-97. 82 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the annual review of Development Agreements No. 4, 5, 6, 7, 8 and 9. Annual review of Development Agreements between the City of Newport Beach and: (No.4) The Irvine Company involving the Library Exchange Agreement; (No.5) Hoag Memorial Hospital Presbyterian; (No.6) The Irvine Company, Circulation Improvement and Open Space Agreement; (No.7) Pacific View Memorial Park; (No.8) Ford Motor Land Development Corporation; (No.9) Fletcher Jones Motor Cars, to review the parties' compliance with the terms and conditions of the agreements with the City of Newport Beach. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 28th day of October, 1996, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. City Melt Dist ution: Legal Adv. [t' File t� owt. postfn U11 in Bohr d ids City Clerk Q SEW Pp�T CITY HALL U X 3300 Newport Boulevard e.. `9G/FOaN�" P.O. Box 1768 Newport Beach, California 92659-1768 LaVonne M. Harkless, CMC/AAE City Clerk LaVonne Harkless, City Clerk City of Newport Beach 3300 Newport Boulevard _ Post Office Box 1768 Newport Beach, California 92663-3884 I PPORTAW Public Hearing Notice The Irvine Company Attention: General Counsel 550 Newport Center Drive Newport Beach, CA 92660-0015 Latham & Watkins Attention: Robert K. Break 650 Town Center Drive Costa Mesa, CA 92626-1918 Fletcher Jones Motorcars Attention: Fletcher Jones, Jr. 1301 Quail Street Newport Beach, CA 92660 ✓ Fletcher Jones Management Group Attention: Fletcher Jones, Jr. 175 E. Reno, C-6 Las Vegas, Nevada 89109 0 The Irvine Company - Residential Properties Attention: Senior Vice President 550 Newport Center Drive Newport Beach, California 92660-0015 The Irvine Company ✓ Carol Hoffman, Vice President of Entitlement and Community Relations 550 Newport Center Drive, 8th Floor Newport Beach, CA 92660-0015 City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: Kevin Murphy, City Manager City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: Robert Burnham, City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: LaVonne Harkless, City Clerk Hoag Memorial Hospital Presbyterian President 301 Newport Boulevard Newport Beach, CA 92663 Paone, Callahan, McHolm & Winton Tim Paone 19100 Von Karman, 8th Floor �'"_► P.O. Box 19613 Irvine, CA 92713-9613 City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: Kevin Murphy, City Manager The Irvine Company Carol Hoffman, Vice President of Entitlement and Community Relations 550 Newport Center Drive, 8th Floor Newport Beach, CA 92660-0015 City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: Kevin Murphy, City Manager City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: Robert Burnham, City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: LaVonne Harkless, City Clerk Clark and Green Associates Mr. Michael Green 150 Paularino Avenue Suite 160 Costa Mesa, CA 92626 Pacific View Memorial Park L11 Mr. Steve Schacht 3500 Pacific View Drive Newport Beach, CA 92663 Allan J. Abshez, Esq. Irell & Manella 1880 Avenue of the Stars, Suite 900 Los Angeles, CA 90067-4276 d Pacific Bay Homes Attn.; Karin T. Krogius 18400 Von Karman, Suite 900 Irvine, CA 92715 Paone, Callahan, McHolm & Winton Tim Paone 19100 Von Karman, 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 Belcourt Terrace Homeowners Association c/o Professional Management Associates 17300 Redhill Avenue, Suite 210 Irvine, CA 92714 EnvironmentalServicesConsortium Incorp. Lynn Hethrington, REA, CHMM 4401 Atlantic Avenue Suite 200 Long Beach, CA 90807 City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: Kevin Murphy, City Manager City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: Robert Burnham, City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: LaVonne Harkless, City Clerk The Irvine Company General Council 50 Newport Center Drive Newport Beach, California 92660-0015 The Irvine Company dA -1 Carol Hoffman, Vice President of Entitlemen and Community Relations 550 Newport Center Drive, 8th Floor Newport Beach, CA 92660 City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: Kevin Murphy, City Manager City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: Robert Burnham, City Attorney LaVonne Harkless, City Clerk City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: Kevin Murphy, City Manager City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: Robert Burnham, City Attorney LaVonne Harkless, City Clerk City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attention: Robert Burnham, City Attorney LaVonne Harkless, City Clerk City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Authorized to Publish Advertisements of all kim ng public notices by Decree of the Superior Court of Orange County, California. Number A-6214, September 29, 1961, and A-24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of .eighteen years, and not a party to or interested in the below entitled macer. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City. of Costa Mesa, County of- Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: October 11, 1996 declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 11 at Costa Mesa, California. _/, `) 1/1 Signature 199 6 PUBLIC NOTICE i NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the annual re. view of Development Agreements No. 4, 5, 6, 7, 8, and 9. Annual review of Develop- ment Agreements between the City of Newport Beach and: (No. 4) The Irvine Company involving the. Li- brary Exchange Agree- ment; (No. 5) Hoag Memo- rial Hospital Presbyterian, (No. 6) The Irvine Com- pany, Circulation Improve- ment and Open Space Agreement; (No. 7) Pacific View Memorial Park; (No. 8) Ford Motor Land Devel- opment Corporation; (No. 9) Fletcher Jones Motor Cars, to review the parties' compliance with the terms and conditions of the agreements with the City of 1 Newport Beach. NOTICE IS HEREBY FUR- THER GIVEN that said pub- lic hearing will be held on the 28th day of October, 1996, at the hour of 7:00 p.m. in the Council Cham. bers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all per. sons interested may ap- pear and be heard thereon. If you challenge these projects in court, you may be limited to raising only those issues you or some- one else raised at the pub lic hearing described in this notice or in written cor- respondence delivered to the City at, or prior to, the public hearing. For infor. mation call (714) 644.3200. LaVonne M. Hark. less, CIVIC/AAC-, City Clerk Published Newport Beach -Costa Mesa Daily Pilot October 11, 1996. F837 / 68 J�