HomeMy WebLinkAbout26 - Status Report on Development Agreements Nos. 4, 5, 6, 7, 8, 9, and 10�EwPp,q� CITY OF NEw ?2T BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
u r PLANNING DEPARTMENT
«q.�� uoo NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(74) 644.3200; FAX (714) 644-3250
SUBJECT:
Hearinr, Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
January 26, 1998
26
Eugenia Garcia
644-3208
BY THE CITY C(:E:
TY OF NEWPORF -
A 2 6
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, determine compliance, modify or terminate:
Development Agreement No. 4
' The Irvine Company, Library Exchange Agreement
Development Agreement No.
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
Development Agreement No. 9
Fletcher Jones Motor Cars
Development Agreement No. 10
Newport Harbor Lutheran Church
Background .
This report contains the annual performance review of development agreements approved by the
City of Newport Beach. Development Agreements 1, 2, and 3 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
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 commercial 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 ofDevelopmentAgreement No. 3 have been satisfied.
Discussion
The City of Newport Beach has entered into seven 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 agreements span 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
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,
2
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 compliance with the terms and conditions that have not been
accomplished since the last annual review. Those terms and conditions that were noted as
completed on the last annual review are not included in this report.
The Development Agreements included in this annual review and their dates of adoption are listed
below:
Develop. Applicant
Agrmt. 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
10 Newport Harbor Lutheran Church
Conclusion
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
6/23/97, ORD 97-22
The decision before the City Council is whether to determine compliance with the terms of
Development Agreements 4 though 10, to modify any of the Agreements, or, if there is not
substantial compliance with the terms of an Agreement, to terminate the Development
Agreement.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
EUGENIA GARCIA
Associate Planner
3
LIBRARY EXCHANGE
DEVELOPMENT AGREEMENT NO.4
Project Status Report
Review of the Development Agreement
by and between
The City. of Newport Beach
and The Irvine Company
I. Introduction
V
On January 13, 1992, a Development Agreement between the City of Newport Beach and
The Irvine Company was approved by City Council Ordinance No. 91 -46. The
Development Agreement and the approval of a series of actions allowed the City to
exchange a two -acre library site in the Civic Plaza area for a four -acre site in the Newport
Village area.
In order to facilitate development of the new Central Library in the Newport Village
Planned Community, on April 27, 1992, the City Council amended the entitlements
approved as part of the original Library Exchange Agreement by transferring 30,000 sq.
ft. of allowable office development from Corporate Plaza West Planned Community to
Civic Plaza Planned Community. This transfer was necessary in order to maintain
consistency with the existing Local Coastal Program Land Use Plan for Corporate Plaza
West. Due to conditions unacceptable to the City and The Irvine Company, Local
Coastal Program Amendment No. 24 and the Library Development Agreement were
withdrawn from Coastal Commission consideration on April 9, 1992. As a result, the
City Council approved revisions to Development Agreement No. 4 and initiated Local
Coastal Program Amendment. No. 26, General Plan Amendment 755, and General Plan
Amendment No. 756. The changes also amended the Districting Maps so as to reclassify
the Corporate Plaza West Planned Community District to the "Open Space" and
"Unclassified" Districts.
II. Purpose
The purpose of Development Agreement No. 4 was to allow the City to exchange a two -
acre existing library site in the Civic Plaza Planned Community for a four -acre site owned
by The Irvine Company in the Newport Village Planned Community. The term of the
Development Agreement is to continue until all permits required for the construction,
occupancy, and operation of the project have been issued, not to exceed 20 years.. The
adoption of Development Agreement No. 4 does not preclude the City of Newport Beach
from conducting future discretionary reviews in connection with the project, in
compliance with the plans, ordinances and policies in effect as of the effective date of the
agreement, nor does it prevent the City from imposing conditions or requirements to
1
• •
mitigate significant effects identified in such reviews provided that the measures do not
render the project infeasible.
Pursuant to the requirements of Chapter 15.45 of the Municipal Code, a condition of
approval is included in Development Agreement No. 4 requiring the applicant or his
successor(s) in interest to submit an annual report for review by the City Council
demonstrating compliance with the terms of the Agreement. Staff requested information
regarding compliance with the agreement, but has not received a reply to date from the
Irvine Company.
The annual review includes a review of the following: Development Agreement
exchange and obligations, Environmental Document Mitigation Measures, and Traffic
Study No. 72 Conditions of Approval.
The current status of the main library facility is that library construction has been
completed and is currently open and operating. The library site has complied with the
required Mitigation Measures.
This review is for the period of September, 1996 to December, 1997. 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. All numbering is
consistent with number sections of the Development Agreement.
COMPLIANCE
(1) Newport Village Development Anarovals
TPO Requirements:
B. (3) Double right turn lane from westbound San Joaquin Hills Road to northbound
MacArthur. This work has been completed.
ENVIRONMENTAL DOCUMENT - Mitigation Measures
Traffic and Circulation:
1. Participation in the Newport Center Transportation Management Association.
The City and The Irvine Company are currently participating.
2. Transportation Management System. The Agreement requires participation upon
the completion of new construction. The City and The Irvine Company are
currently participating.
Air Quality:
5. Secure bicycle facilities. The City Library has facilities on site. This does not
include The Irvine Company, as there has been no construction per this
Agreement.
8. Participation in rideshare programs in Newport Center. The City is currently
participating.
2 i!�
10. Alternative work schedules. The City is currently participating.
Water Resources:
13. Maintenance responsibility of desilting basins. Completed and maintained by
City.
TRAFFIC STUDY NO. 72
Conditions:
1. Participation in the Newport Center Transportation Management Association.
The City and The Irvine Company are currently participating.
3 1D
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 and 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.
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
1
i
submit an annual report for review by the City Council demonstrating good faith
substantial compliance with the terms of the Agreement.
Documentation submitted by Hoag Hospital substantiating good faith compliance with
the Development Agreement was submitted to the City on June 25, 1995, for the first
annual review and on May 8, 1996 (as amended on October 2, 1996, at the City's request)
for the second annual review. City staff subsequently requested that the reporting period
for the Development Agreement annual review be changed from April 15 ending date to a
July 1 ending date to correspond with City Council's review of all Development
Agreements with the City of Newport Beach. The attached project status report is for the
third annual review, July 1, 1996 to July 1, 1997.
Hoag Hospital submitted a detailed status report which divides the annual review between
compliance with the requirements of the Development Agreement (public benefits,
exactions), and compliance with the requirements of the Mitigation Measures.
Since July, when the project status report was submitted by Hoag Hospital, the hospital
received a "Permit to Construct" the flare relocation/scrubber installation project from the
South Coast Air Quality Management District (on September 19, 1997). An amendment
to the Coastal Development Permit from the California Coastal Commission for the flare
relocation project was issued on October 27, 1997. The City Council approved the
design and relocation of the methane gas mitigation system on December 8, 1997. The
flare design plans are in final review with the City and building permits are pending.
The annual review includes a review of the following: 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:
Mitigation Measure No. 42
This Mitigation Measure requires that City staff, on an annual basis, send a letter
to each emergency vehicle company serving Hoag Hospital, requesting that they
turn off their sirens upon entering the hospital property. This request is in order to
minimize the noise impacts to adjacent residents. Hoag has provided the City
with a list of emergency vehicle companies, and letters have been sent by staff
to the listed companies. See Table 2 in the Appendix.
2
M
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
recorded and the Dedication has been accepted by the City.
The two parks are part of the approved grading plan for the
lower campus parking lot which has been completed. The
linear park has been completed and the view park (Sunset
View Park) is in the process of completion.
(b) Public Improvement Funds ($250,000.00). Hoag Hospital is to pay
the amount to the City to fund the following improvements:
(i) The constriction of a sidewalk and installation of landscaping
in the CalTrans right-of-way along the west side of Newport
Boulevard southerly of Hospital Road. This amount was paid to
the City by Hoag. New sidewalks are planned to be
constructed in conjunction with the Arches Interchange
construction.
(ii) and, if funds remain, 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. The total amount of
money that was paid by Hoag will be spent on the construction
of sidewalks in conjunction with the Arches Interchange
project. There will not be any remaining funds available for a
reclaimed water project due to the costs of improvements
associated with the Arches Interchange construction.
(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.
3
0
Notices and staffs report sent to:
Hoag Memorial Hospital Presbyterian
301 Newport Boulevard
Newport Beach, CA 92663
Attention: President
Tim Paone
Paone, Callahan, McHolm & Winton
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, CA 92663-3884
Attention: Kevin Murphy, City Manager
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663-3884
Attention: Robert Burnham, City Attorney
City Clerk
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663-3884
L
16
Project Status Report
July 1, 1996 - July 1, 1997
Annual Review of Development Agreement
between the City of Newport Beach
and Hoag Memorial Hospital Presbyterian
I. Introduction
On August 4, 1993, the Development Agreement between the City of Newport Beach and
Hoag Memorial Hospital Presbyterian was recorded. 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 Development 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. Based on the California Coastal Commission's approval of the Development
Agreement on April 14, 1994, the annual review period was, therefore, established as
April 15 of each year following the approval of the Development Agreement by the
California Coastal Commission.
Documentation from Hoag Hospital substantiating good faith compliance with the
Development Agreement was submitted to the City on June 25, 1995, for the first annual
review and on May 8, 1996 (as amended on October 2, 1996, at the City's request) for the
second annual review. City staff subsequently requested that the reporting period for the
Development Agreement annual review be changed from an April 15 ending date to a
July 1 ending date to correspond with City Council's review of all Development
Agreements within the City of Newport Beach. Therefore, this project status report, for
the third Development Agreement annual review, is for the year July 1, 1996 to July 1,
1997.
The project status report for the first annual review documented Hoag Hospital's
compliance with the Development Agreement as related to three development projects
undertaken during that annual review period: the 5,990 -square -foot Cardiac Services
Addition on the Upper Campus, the Emergency Care Unit Parking Lot/Entry
Reconfiguration (also located on the Upper Campus), and the Flare Relocation/Scrubber
Installation project, located on the Lower Campus. The Cardiac Services Addition and
the Emergency Care Unit Parking Lot/Entry Reconfiguration were completed during the
1995-1996 annual review period. The plans for the Flare Relocation/Scrubber
Installation project, which were originally approved by the City on November 4, 1994,
Hoag Development k- cement
Third Annual Review
July 8, 1997
were not implemented, based on subsequent modifications to the project, which are
discussed further below.
During the second annual review period, the Lower Campus Parking Lot project was
documented for compliance with the Development Agreement. A Coastal Development
Permit for the construction of the 351 -space ancillary parking lot " was received on
October 11, 1995. On March 7, 1996, plans for the Lower Campus Parking Lot -were
submitted to the City. The implementation of the parking lot project is discussed under
the current year's project status report.
The Flare Relocation/Scrubber Installation project plans were revised during the second
annual review period, based on City plan check comments, and the City re -approved the
project on November 15, 1995. However, these plans were not implemented, as the City
and Hoag Hospital initiated legislation to fund the relocation of the flare and to install a
system that would -better meet the needs of the West Newport area by more efficiently
extracting 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 Relocation/Scrubber Installation project.
This project status report includes a review of projects initiated or in process during the
third annual review period, July 1, 1996 to July 1, 1997.
On September 17, 1996, the City issued permits for the construction of the Lower
Campus Parking Lot project. During the bulk of the third annual review period, the
Lower Campus Parking Lot was under construction. The project was completed and final
City approval was received on June 11, 1997.
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 for the Flare Relocation/Scrubber Installation project. During
the third annual review period, the City and Hoag explored options for the relocation of
the flare and the installation of an upgraded system. On October 23, 1996, the South
Coast Air Quality Management District issued a Permit to Construct the project. Based
on additional revisions to the plans, to include additional monitoring and safety devices,
the plans were resubmitted to the South Coast Air Quality Management District on June
17, 1997, for a new permit. At the end of the third annual review period, the plans were
under review by the South Coast Air Quality Management District.
Plans for the flare project were also submitted on June 20, 1997, to the California Coastal
Commission for a revision to the existing Coastal Development Permit which allowed
OA
/12
Hoag Development Age-,-,ment
Third Annual Review
July 8, 1997
modifications to the existing flare system. At the end of the third annual review period,
the plans were under review by the California Coastal Commission.
The plans for the upgraded flare project were submitted to the City on June 10, 1997, and
are in the process of being reviewed by City staff. The mitigation measures related to the
original flare project were all completed and approved by City staff in 1994. As part of
the upgraded flare project, the Planning Department reviewed all mitigation measures
completed for the originally -proposed project to determine which measures would be
required to be readdressed as part of the upgraded project. Based on that review, a
revised mitigation monitoring plan was prepared and submitted to the Planning
Department for the City's use in its review of the project plans.
Hoag Hospital also processed plans for an addition to its central plant to include
emergency generators. The Planning Department determined that a separate mitigation
monitoring plan would not be requited for the generator project, due to the narrow scope
of the project. However, the Planning Department did identify several mitigation
measures that were required to be fulfilled. These mitigation measures were satisfied
during the third annual review period, and permits are expected to be issued for the
project within the next month.
IV. Mitigation Monitoring Program
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 the
mitigation measures identified in the mitigation monitoring plan. The mitigation annual
review is included as the Appendix to the project status report.
3
13
APPENDIX
PROJECT STATUS REPORT
ANNUAL REVIEW OF DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH
AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN
Hoag Memorial Hospital Presbyterian
Development Agreement Mitigation Annual Review
July 1, 1996 to July 1, 1997
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 the implementation of the Master Plan.
At the same time, the City entered into a Development Agreement with Hoag Hospital.
The Development Agreement was subsequently amended to incorporate changes
requested by the California Coastal Commission in conjunction with its 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 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.
1
15
Hoag Development Agreement
Mitigation Annual Review
July 8, 1997
This document is being submitted in compliance with the Development Agreement
requirement stated above for the year July 1, 1996 to July 1, 1997.
There are three categories of mitigation measures included in the adopted mitigation
monitoring program - measures that need to 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 on an ongoing basis and documented
annually. 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. During annual review periods when
mitigation monitoring plans completed for specific projects are being reviewed by the
City, the "project -specific mitigation measures" are further broken down to include these
individual projects.
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." The first year of the five year
monitoring period for the off-site wetlands occurred during the third annual review period
for the Development Agreement.
On January 22, 1997, the "First Annual Monitoring Report for 6.08 -Acre Freshwater
Marsh Creation at the San Joaquin Freshwater Marsh Reserve Pursuant to California
Department of Fish and Game Streambed Alteration Agreement Number 5-306-93 and
United States Army Corps of Engineers Authorization Number 93 -00858 -BH" was
submitted to the reviewing agencies. This report documented the mitigation
requirements, methodology for documenting compliance with the performance standards
for vegetative growth, results from the field measurements of plant growth, and ongoing
site maintenance.
The Department of Fish and Game and the United States Army Corps of Engineers
require that the annual report be submitted on January of each year subsequent to the
initiation of the mitigation project. Since the planting was not completed until May of
1996, the first annual report documents seven, rather than twelve, months of plant
growth. According to the First Annual Monitoring Report, the one-year success criteria
for percent vegetative cover is thirty percent. The field measurements undertaken as part
of the First Annual Monitoring Report found that while "...the project has not yet reached
its twelfth month, the transect data shows that the first-year 30 -percent cover standard has
been satisfied: native plant species cover 30.77 percent of the non -open water portions of
the project site."
2
Hoag Development Agi.,,;ment
Mitigation Annual Review
July 8, 1997
Project -specific mitigation measures relate to individual projects processed under the
Master Plan. These measures may be applicable to only one specific project, or they may
be applicable to more than one project. Two projects were in process during the third
annual review period: the generator project and the upgraded flare project.
The generator project, which included an addition to the Hoag central plant to contain
emergency generators, did not have a separate mitigation monitoring plan prepared, due
to its narrow scope, although the Planning Department did require that several of the
mitigation measures in the adopted mitigation monitoring plan be addressed. These
mitigation measures were completed during the third annual review period.
The upgraded flare project was under review by the City, the California Coastal
Commission and the South Coast Air Quality Management District during the third
annual review period. Table 1, "Hoag Hospital Development Agreement Mitigation
Annual Review" identifies the mitigation measures that are applicable to the upgraded
flare project. This list of applicable mitigation measures does not include all of those
contained in the original flare project, only those that were determined by the Planning
Department to require additional review as part of the upgraded flare project. City staff is
currently reviewing documentation prepared to comply with the mitigation measures as
part of its plan review process.
IV. Annual Review
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 Measure #11 requires routine vacuuming of parking lots/structures.
All parking lots/structures are cleaned/swept by Hoag Hospital on a weekly 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. No amendments were required of the above -referenced
documents and no new protocols were adopted in order to respond to concerns
related to hazardous materials, waste management and infectious control as a result
of projects processed during the third annual review period.
*
Mitigation Measure #28 requires adherence to South Coast Air Quality
Management District (SCAQMD) regulations that pertain to trip reductions. On
3
)I
Hoag Development Ar,,eement
Mitigation Annual Review
July 8, 1997
January 15, 1997, Hoag Hospital submitted its Triennial Employee Commute
Reduction Program to SCAQMD. This document specifies Hoag's
policies/programs that are designed to reduce vehicle trips.
* Mitigation Measure #31 requires adherence to measures that were a part of
Hoag's pilot program to monitor and manage use of the Upper and Lower Campus
service roads during non -working hours. Since 1991, Hoag has been implementing
measures to reduce usage of West Hoag Road during non -working hours. These
measures include signage controls, annual letters to vendors defining when West
Hoag Road can be used, and an annual note in the Hoag Times, the newsletter for
Hoag Hospital employees. These measures were again implemented for the third
Development Agreement annual review period.
In order to monitor traffic volumes on West Hoag Road, Hoag has been taking
periodic traffic counts. Updated traffic counts were last taken in June 1995. Prior
to the implementation of the pilot program, traffic volumes (taken from 9:00 p.m.
to 5:00 a.m.) ranged from 124-159 trips (over a three-day period). Since the
implementation of the pilot program in 1991, traffic volumes have dramatically
reduced, with 1995 counts averaging 21 trips per day over a three-day period.
Traffic volumes will be taken again by Hoag Hospital when its next building is
developed, to ensure that the pilot program remains effective as the Lower Campus
is developed.
* Mitigation Measure #35 requires that Hoag provide new employees information
on rideshare services and programs. It also requires that new employees be
included in updates to the trip reduction plan (the Triennial Employee Commute
Reduction Program) for the SCAQMD. Hoag continues to provide all new
employees rideshare service/program information, and new employees were
included in the January 15, 1997, update to the Hoag Hospital Triennial Employee
Commute Reduction Program.
* Mitigation Measure #42 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 2, Emergency Units Responding
to Hoag Hospital, provides a current list of those companies.
* Mitigation Measure #84 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
12
1.1
Hoag Development A& _, ment
Mitigation Annual Review
July 8, 1997
all new regulations that have been adopted since the Hoag Master Plan Final
Environmental Impact Report was certified.
* Mitigation Measure #117 requires that the usage of the Hospital's
heliport/helipad be limited to emergency medical purposes or the transportation of
critically ill patients in immediate need of medical care not available at Hoag.
Further, this mitigation 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 #119 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. Hoag
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. Although these mitigation measures are required to be satisfied only once
to fulfill the requirements of mitigation monitoring program, some of the one-time
measures may be required to be implemented as part of a specific project(s). Further, the
documentation prepared to fulfill these one-time mitigation measures may be amended
from time to time, as warranted by project site conditions or proposed development
projects.
The majority of these one-time compliance mitigation measures were completed during
the first and second annual review periods. During the third annual review period, no
additional one-time mitigation measures were completed. Table 1, "Hoag Hospital
Development Agreement Mitigation Annual Review", identifies the status of all one-time
compliance mitigation measures.
5
Table 1
HOAG HOSPITAL DEVELOPMENT AGREEMENT
MITIGATION ANNUAL REVIEW
July 1, 1996 to July 1, 1997
mommusne rA-&TI MR 0400090-747m
memmIlEvivill 0 Of -��WNIHI'jlq
6 COMPLETE
7 COMPLETE
8 COMPLETE
16 COM LETE
17 COMPLETE
18 COMPLETE
19 COMPLETE
20 COMPLETE
23 COMPLETE
IS
Table 1, Continued
HOAG HOSPITAL DEVELOPMENT AGREEMENT
MITIGATION ANNUAL REVIEW
July 1, 1996 to July 1, 1997
MWINON • �� - • •� ._� -
41 COMPLETE
47 COMPLETE
48 X X
50 COMPLETE
51 COMPLETE
52 COMPLETE
53 COMPLETE X
56 COMPLETE
61 X X
1?1
Table 1, Continued
HOAG HOSPITAL DEVELOPMENT AGREEMENT
MITIGATION ANNUAL REVIEW
July 1, 1996 to July 1, 1997
62 COMPLETE
63 COMPLETE
81 COMPLETE
82 X
90 COMPLETE
Table 1, Continued
HOAG HOSPITAL DEVELOPMENT AGREEMENT
MITIGATION ANNUAL REVIEW
.�Ue I - I
wMaNNELW611. -
pi
113 COMPLETE
114 COMPLETE
115 COMPLETE
116 COM LETE
123 COMPLETE
July 1, 1996 to July 1, 1997
Annual Pro-ject-Specific
Compliance Compliance
0
a3
r
Table 2*
EMERGENCY UNITS RESPONDING TO HOAG HOSPITAL
Newport Beach Fire Department
NM -2
475 32nd Street
Newport Beach, CA 92660
Newport Beach Fire Department
NM -3
868 Santa Barbara Avenue
Newport Beach, CA 92660
Costa Mesa Fire Department
MM81
2803 Royal Palm
Costa Mesa, CA 92626
Costa Mesa Fire Department
MM 83
1865 Park Avenue
Costa Mesa, CA 92627
Costa Mesa Fire Department
MM 85
Civic Center Station
2450 Vanguard Way
Costa Mesa, CA 92626
Costa Mesa Fire Department
MM 82
800 Baker Street
Costa Mesa, CA 92626
July 1, 1997
Santa Ana Fire Department
SAM -4
1427 South Broadway
Santa Ana, CA 92707
Huntington Ambulance Service
P.O. Box 145
Sunset Beach, CA 90742
Med Trans Ambulance Company
2131 Placentia Avenue
Costa Mesa, CA 92627
Schaefer Ambulance Company
2215 South Bristol
Santa Ana, CA 92704
Doctor's Ambulance Company
23095 Terra Drive
Laguna Hills, CA 92653
Medix Ambulance Company
310 West 18th Street
Tustin, CA 92680
Careline Ambulance Company
P.O. Box 70014
Anaheim, CA 92825
Mercy Air Ambulance
P.O. Box 2532
Fontana, CA 92334-2532
* The emergency units provided in Table 2 frequent Hoag Hospital on a regular basis:
Additional emergency service units also serve Hoag Hospital on a less frequent basis.
1H
Table 2, Continued
EMERGENCY UNITS RESPONDING TO HOAG HOSPITAL
Costa Mesa Fire Department
MM 84
2300 Placentia
Costa Mesa, CA 92626
Orange County Fire Department
ORCO 1-4
2 California
Irvine, CA 92715
Laguna Beach Fire Department
LM -2
285 Agate Street
Laguna Beach, CA 92651
July 1, 1997
Search and Rescue (SAR)
MCAS
El Toro Air Force Base
Santa Ana, CA 92709-5020
Newport Beach Police Department
P.O. Box 7000
Newport Beach, CA 92660
Costa Mesa Police Department
99 Fair Drive
Costa Mesa, CA 92626
* The emergency units provided in Table 2 frequent Hoag Hospital on a regular basis.
Additional emergency service units also serve Hoag Hospital on a less frequent basis.
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 twelve parcels owned by The Irvine Company within the City
of Newport Beach. Of the twelve, 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
I o7
PACIFIC VIEW
DEVELOPMENT AGREEMENT NO. 7
Project Status Report
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, that 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
1
M_ I
report is for the review period of August 10, 1996 to November 10, 1997. A status report was
provided to the City by Pacific View.
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 have been approved and the work has been
completed. The Sunset Court Community mausoleum addition has been completed with final
landscaping around the building currently being installed. Pacific View expects to begin minor
construction of small garden and family mausolea sites in late 1997 in Building Site D.
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 is
complete with the exception of the landscaping behind the recent Sunset
Court mausoleum addition.
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. The landscaping has been installed
inthe buffer area consistent with the Development Agreement.
d. Installation of Landscaping and Irrigation System. This work (as per 3.1.1a
above) has been completed. The work has been executed within the time
frame required.
e. Slopes
1. Slope behind Building Site G, see Exhibit E.
This work has been completed within the time frame required.
2
53
2. Slope behind Building Site "E" adjacent to Lots 6, 7 and 8 see Exhibit "F."
This work has been completed within the time frame required.
3. Slopes behind Building Site "H," see Exhibit "F."
This work has been completed within the time frame required.
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.
3.10 Drilling and Engraving
To our knowledge, no complaints have been received by Pacific View on the drilling
and engraving of crypt markers.
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 it has been
completed.
3.2.d. Garden of Valor Screening. The required landscape 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.
3.2.8 Temporary Sales Offices. The temporary sales offices were allowed for a period
of two years from the Effective Date, unless otherwise extended by the Modifications
Committee. The temporary buildings have been removed from the site.
3.3 Entitlement Allowed and Remaining:
Administration Building
Community Mausoleum
Family Mausoleum
Total
Built
Allowed
Remaining 1996-97
30,000 s.f.
10,317 s.f. -0-
121,000 s.f.
102,164 s.f. 5,200 s.f.
12,000 s.f. 11,800 s.f. 200 s.f.
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.
3
'�-q
r-, r
4.5 Phasing
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.
a. Minimum of 30 months between phases and 9 months maximum to complete -
No new community mausolea can be constructed until the year 2000 at the
earliest due to the recently completed construction of the Sunset Court.
4.6 Buffer Zone Grading and Landscaping.
a. Pacific View has completed all buffer zone grading, landscape and
irrigation.
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 purchasing and planting within the common
homeowner's association landscape area along the southeast boundary of Building
Site E. The Spyglass Hill Community Master Association was reimbursed
this year for costs associated with landscaping their property along the
southerly Pacific View boundary. They have completed 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 placed by homeowners in past years is pruned
upon the request of the affected homeowners as a courtesy since they planted
these shrubs.
4.10 Ground Burial
a. BuildingSite Building Site E remains undeveloped and is not anticipated
for cemetery development for 1997-98.
b. Other Building Sites. Pacific View is in full compliance with the provisions
of this section.
0
55'
c. 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 1997-98.
5
5�
Notices to be sent to:
Mr. Michael Green
Clark and Green Associates
150 Paularino Avenue
Suite 160
Costa Mesa, CA 92626
Pacific View Memorial Park
3500 Pacific View Drive
Newport Beach, CA 92663
Attention: Mr. Steve Schacht
Allan J. Abshez, Esq.
Irell & Manella
1880 Avenue of the Stars,
Suite 900
Los Angeles, CA 90067-4276
City Clerk
City of Newport Beach
3300 Newport Boulevard
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
31
6-1
PACIFIC VIEW
DEVELOPMENT AGREEMENT NO. 7
Project Status Report
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, that 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
1
S0a
2. Slope behind Building Site "E" adjacent to Lots 6, 7 and 8, see Exhibit "F."
This work has been completed within the time frame required.
3. Slopes behind Building Site "H," see Exhibit "F."
This work has been completed within the time frame required.
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.
3.10 Drilling and Engraving
To our knowledge, no complaints have been received by Pacific View on the drilling
and engraving of crypt markers.
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 it has been
completed.
3.2.d. Garden of Valor Screening. The required landscape 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.
3.2.8 Temporary Sales Offices. The temporary sales offices were allowed for a period
of two years from the Effective Date, unless otherwise extended by the Modifications
Committee. The temporary buildings have been removed from the site.
3.3 Entitlement Allowed and Remaining:
Administration Building
Community Mausoleum
Family Mausoleum
Total
Built
Allowed
Remaining 1996-97
30,000 s.f.
10,317 s.f. -0-
121,000 s.f.
102,164 s.f. 5,200 s.f.
12,000 s.f. 11,800 s.f. 200 s.f.
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.
3
5q
c. 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 1997-98.
5
5�
9
FORD/LORAL
DEVELOPMENT AGREEMENT NO.8
Project Status Report
Review of the Development Agreement
between The City of Newport Beach
and Ford Motor Land Development Corporation
I. Introduction
On July 24, 1995, the City Council adopted Ordinance No. 95 -27, approving Development
Agreement No. 8 for the Ford Land Development Project to redesignate the former Ford
Aeronutronic /Loral property from an industrial site to a residential site for a maximum of 500
single- family attached or detached dwelling units.
A provision of that Agreement required Ford Land to participate in a "Task Team" to identify,
evaluate and implement one or more affordable housing projects to satisfy Ford Land's
affordable housing requirement. The Task Team was subsequently established by resolution of
the City Council on August 28, 1995.
Subsequent to the approval of Development Agreement No. 8 and related approvals, Ford Motor
Land Development identified the builder /developer for the project, Pacific Bay Homes, who
began discussions with City staff on changes to the original project approval. The new plan
consisting of all detached, single family dwellings, resulted in an amendment to the Development
Agreement and Planned Community District Regulations. Minor changes to the Development
Agreement were necessary to incorporate language recognizing the proposed changes to the
Planned Community Development Plan.
On July 22, 1996, the City Council approved an amendment to Development Agreement No. 8 to
revise and refine the definitions and development standards for planning area 4 (Ford Land
Development). The revisions included a reduction in the permitted number of dwelling units
from 500 to 450 and the provision of development standards for detached single - family
development. .
On August 8, 1996, the Planning Commission approved Tentative Tract Map No. 15332, a
subdivision of a parcel of land into 404 numbered lots, 50 lettered lots, and a parcel for roadway
dedication in conjunction with the residential development of the Ford Aeronutronic property.
II. Purpose
The purpose of Development Agreement No. 8 is to provide for an orderly transition of the land
use on the Ford/Loral site from commercial /industrial uses to less intense residential use. The
1
51
0 •
significant adverse impacts on the environment and provides for greater certainty that the
development will provide the City with the projected substantial economic benefit. 0
In addition, Development Agreement No. 8 will provide public benefits to the City with financial
assistance from Ford in resolving traffic circulation issues in the Eastbluff community, financing
by Ford of extraordinary environmental monitoring of site remediation, and assurances by Ford
for funding and/or the provision of affordable housing units within the City.
Pursuant to the requirements of Chapter 15.45 of the Municipal Code, a condition of approval is
included in Development Agreement No. 8 requiring the applicant to submit to an annual review
of the terms of the Development Agreement by the City Council which demonstrates compliance
with the terms of the Agreement. A status report was provided by Pacific Bay Homes.
Current Status
Rough grading permits for the Ford Site have been approved by the Building and Planning
Departments and the grading is 80% complete. Three of the six Tract Maps (15387, 15390, and
15391) for the site, are scheduled to go before the City Council for approval in January, 1998.
There are 21 model homes and 15 production homes under construction. Street improvements
and utilities are 75% complete. Construction of 85 homes will begin by December 31, 1997.
Pacific Bay Homes plans to construct an additional 75 to 100 new dwellings by December, 1998.
This report will address requirements of the Development Agreement that must be completed at
this stage of development. For this review period, the conditions and mitigation measures that
are required to be satisfied per the Development Agreement are listed below with an explanation
as to how the requirements were or are being met.
DEVELOPMENT AGREEMENT NO.8
3.2 Compliance with Development Plan Conditions /Mitigation Measures
All mitigation measures required for approval of grading permits and construction
permits issued have been satisfied.
5. Public Benefits
5.3 Affordable Housing
b. Task Team Participation. Ford participated on the Task Team until May,
1997, when Ford paid $2,020,000.00 to the City of Newport Beach as a fee
to satisfy the affordable housing provisions.
5.4 Environmental Monitorin
Reports have been received from Geraghty and Miller, Inc., Environmental
Consultants retained by Ford Motor Land Development Company
acknowledging that the removal of the regulated building materials and
2 •
59
9 !
building decontamination for the site have been completed consistent with
the FML Demolition Specifications dated October 25, 1994. These reports
gave clearance for building -by- building demolition permits issued by the
City to Ford Motor Land Development in June and July of 1995.
The site clean -up and remediation has been completed by Environmental
Services Consortium, Incorporated, and continues to be monitored through
the construction phase.
The Regional Water Quality Control Board (RWQCB) approved the
groundwater Remedial Action Plan that was implemented during 1995 and
1996. In a letter dated November 4, 1996, the RWQCB approved closure of
the groundwater remediation system. The system was subsequently
decommissioned and post - development groundwater remediation has not
been required by the RWQCB.
Soil and groundwater remediation activities were completed in 1996 and the
environmental data were used to prepare Pre - Development Health Risk
Assessments. The City of Newport Beach's consultant and the Orange
County Health Care Agency ( OCHCA) independently reviewed these health
risk assessments. Approval of the health risk assessments allowed the
Planning Department to approve the Final Subdivision Map for residential
development.
All appropriate remedial actions have been completed to the satisfaction of
the OCHCA and the RWQCB. Groundwater monitoring will continue at the
request of the RWQCB.
It is anticipated that no remedial actions will occur after commencement of
residential construction and residential building permits have been issued.
5.5 Eastbluff Traffic
Pacific Bay Homes has set aside monies ($75,000) for Traffic Studies and
improvements. The community did not vote to gate the project. An
agreement between the Eastbluff community and the City has been extended
twice (6 months, 12 months) upon East Bluffs request and currently by
Pacific Bay Homes, and expires on December 31, 1997. Proposed changes to
traffic patterns at Jamboree Road and Bison will be implemented in
January, 1998, in order to reduce cut - through traffic in this area.
5.7 Belcourt Terrace Landscape Screen
Per the Development Agreement, a landscape screen along the boundary of
the Ford property and the Belcourt Terrace project was to be installed by
Ford. A subsequent "Landscape Screening Agreement" between the two
3
,
0
9
parties satisfied this condition, with the installation of the landscape screen
by the Belcourt Terrace Homeowners Association.
4
E
W
U
i
N
W E
S
1 MILE
Upper Castaways
Newporter North
Newporter Knoll
Newporter Resort
0
11
Landing
Jamboree/Macarthur
'! � San Diego Creek North
J, San Diego Creek South
�a
a
TNewport Village
11
Corporate Plaza West
0
0
CIOSA SITE LOCATIONS
Circulation Improvement
and
Open Space Agreement
Freeway Reservation
CIOSA SITE LOCATIONS
an CITY BOUNDARY
aq A
0
E
DEVELOPMENT AGREEMENT NO. 6
0
So
. ..........
#
PROPERTY
ENTITLEMENT
CURRENT
DEVELOP-
OPEN
DEVELOPMENT
MENT
SPACE
ACRES
ACRESTO
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
-0-
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
-0-
12.8
(from Library to San
Miguel)
TOTAL
115.4
138.1
0
So
0
STATUS OF DEVELOPMENT AGREEMENT 0
Circulation Improvement and Open Space Agreement Frontage Improvements:
Frontage Improvements to be Constructed or Bonded for with Project
Development.
San Diego Creek South
Jamboree Road/University Drive frontage and intersection improvements.
Completed
San Diego Creek North
Bayview Way extension.
Completed
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 Cliff/Dover Drive traffic
signal is a condition of the Final Tract Map. Completed.
Newnorter North
Construct frontage improvements along Jamboree at access to property.
Completed.
Block 800
Install traffic signal at Santa Cruz/San Clemente intersection.
Under construction.
Freeway Reservation
Construct 1/2 section of MacArthur to ultimate width along frontage of developed portion
of property.
Under construction.
Other Projects
A. Construct 1/2 section of MacArthur to ultimate width along frontage of The Irvine
Company owned property at Newport Village.
Completed.
3►
0
0
B. Construction of 1/2 section of MacArthur to ultimate width along frontage of Big
Canyon Area 16.
Under Construction.
2. Circulation Improvement Funding
2.1 Fair Share Fees
Paid.
2.2 Frontage Improvements. In progress.
A. Completion/Bonding
B. Dedication
C. Acceleration of MacArthur Boulevard Right of Way Dedication.
Phase I is completed. The Dedication is completed for the
roadway construction.
2.3 MacArthur Boulevard Improvements Northerly of Ford Road
Complete.
2.4 Company Advance
The City created the CIOSA Financing District in order to fund the
Advance. Pursuant to that, two in a series of bonds were issued to
fund the improvements on the developed properties. -Future bonds
may be issued, although the City has not requested an additional issue
to date.
3. Terns and Conditions of the Advance.
The Irvine Company has complied with the terms of the Advance.
5. Open Space and Public Facility Dedications
5.1 Dedication of open space /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.
7
3�
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 are completed.
Newporter Nort h
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 are completed and are pending acceptance by the City.
San Diego Creek North
Street improvements are completed.
0
.33
. Upper Castaways
Dover Drive frontage improvements between Castaways Lane (formerly 16th Street)
to Westeliff have been completed and are pending acceptance by the City.
Newporter North
Street improvements have been completed and are pending acceptance by the City.
Block 800
Street improvements have been completed with the exception of the traffic signal at
San Clemente and Santa Cruz Drives. The construction of the signal is expected to
begin in Spring, 1998.
Freeway Reservation
Street improvements have been completed and have been accepted by the City.
3. Construct or post bond for all frontage improvements identified in the
Development Agreement:
San Diego Creek South
Improvements have been completed and pending acceptance by the City.
Upper Castaways
Improvements have been completed and pending acceptance by the City.
Newporter North
Improvements have been completed and pending acceptance by the City.
Block 800
Improvements have completed with the exception of the traffic signal.
Freeway Reservation
Street improvements are under construction.
Other Projects A & B
N/A
Air Ouality
4. Grading in accordance with SCAQMD Rule 403.
5 -6. Fugitive Dust Control.
Has been and will be made a condition of all grading permits.
San Diego Creek South
Completed.
0
34
0
0
Upper Castaways
In progress. Measure being complied with during grading activities (grading is now
95% completed).
Newporter North
Completed.
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. Applicable to new non - residential development projects.
9. Bus turnouts and shelters on frontage improvements.
San Diego Creek South
Relocated existing bus turn -out on Jamboree Road. Under construction.
Upper Castaways •
Bus turn -outs are included as part of the street frontage improvements have been
completed between Castaways Lane (formerly 16th Street) and Westeliff 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
Approved by the City, installed and maintained by the Developer.
Upper Castaways
Approved by the City, installed and maintained by the Developer.
Newporter North
Approved by the City, installed and maintained by the Developer.
10
J
. Block 800
In process by the Developer.
Freeway Reservation
Completed and accepted by the City.
11. Landscape Plans- emphasis on drought resistant plant species.
San Dieeo Creek South
General Services, Public Works approved. Completed.
Upper Castaways
Bluff Top Trail under construction. Blue Gum landscape improvements (area
north of the Castaways Tract) is complete.
Nenorter North
Completed. Pending acceptance by the City.
Block 800
Under construction.
Freeway Reservation
Completed and accepted by the City.
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. Completed.
Upper Castaways
Report received August 14, 1996. Completed.
Newporter North
Report received. Completed.
Block 800
Report received June, 1996. Pending completion.
Freeway Reservation
Completed.
11
3(p
0 0
14. Freestanding acoustical barriers to be a berm, wall or combination berm and wall.
San Diego Creek South
Perimeter walls have been constructed. Completed.
Upper Castaways
Perimeter walls are completed.
Newporter North
Approved plan incorporates Noise Report recommendations to mitigate level of
traffic noise to acceptable levels. Completed.
Block 800
Pending plans submitted for review.
Freewav 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.
Newporter North
Approval letter received from Department of Fish and Game. Trails completed, .
pending acceptance by 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 would alter streambed habitats. City to notify Department of Fish and Game.
San Diego Creek South
Approval received by Department of Fish and Game.
12
3�
Upper Castaways
N/A
Newporter North
Received acknowledgment by Army Corp of Engineers, letter of verification,
Department of Fish and Game notified.
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
USAGE.
San Diego Creek South
N /A. No public use and related facilities designated for this site.
Upper Castaways
NA
Newporter North
Trails are designated along bluff top bordering the upper wetlands and have been
completed. Pending acceptance by the City.
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.
13
in
Upper Castaways
For the passive park, there was no impact to previously identified sensitive .
resources (wetlands, coastal sage scrub).
Newporter Nort h
Coastal sage scrub revegetation submitted by LSA and approved by Department of
Fish and Game. The Bluffside pedestrian path has been completed.
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 and complied with.
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 and complied with.
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 Castaway
There was an encroachment, but no loss of wetlands resulted in this encroachment.
This was reviewed and approved by California Department of Fish and Game.
21. Residential development which will encroach into the on -site freshwater marsh;
offset plan.
14
0
PA
• 0
NeyTorter 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
San Diejzo 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 completed.
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
Completed.
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 North
A revegetation plan and report completed by LSA and Associates and approved by
State Department of Fish and Game has been submitted to the City.
NeyMorter Knoll
Completed.
15
yo
0 9
San Diego Creek North
The off -site mitigation area located at the Mouth of Big Canyon is cleared and has
been planted.
25. Gnatcatcher season.
NeWorter 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 Castaways
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.
Newoorter North
No structures are placed adjacent to existing slopes or bluffs.
Freeway Reservation
Building Department approved.
Irl
qI
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.
Newporter Nort h
Geotechnical report received and recommendations included in grading plans.
Block 800
Geotechnical report received by 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 grading plan and continues in place until vegetation is
well established.
Upper Castaways
Included on grading plan and continuing through construction.
Newporter North
Erosion control plan incorporated in grading plan and continues in place until
vegetation is well established.
Block 800
Included on grading plan. Construction in progress.
Freeway Reservation
Included on grading plan and continues in place until vegetation is well established.
17
y12
• 1 •
35. Drainage control devices of surface and subsurface water over or toward the
bluffs.
Upper Castaways
Plans submitted. Complete.
Newporter North
Planting and irrigation plan submitted and approved. Approved on rough grading
plan. Completed.
Bluff and Slone Instability
36. Report addressing all salient geotechnical issues related to bluff and slope
stability.
Upper Castaways
Included in geotechnical report.
Newporter North
Included in geotechnical report.
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 Nort h
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.
18
M
9
9
40. As- Graded Geotechnical map summarizing and documenting compliance with all
mitigation measures.
Upper Castaways
Included in grading plans. Final reports pending completion of grading.
Newporter North
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 grading plans.
0
19
0
Block 800
Included in grading plans.
Freeway Reservation
Included in grading plans.
45. Erosion Control Methods a -d.
Upper Castaways
Erosion Control plan approved. Ongoing monitoring.
Newporter North
Included in grading plans. Completed.
•
Block 800
Included in grading plan and continuing through construction.
Freeway Reservation
Completed
46. Diversion of Stormwater Plan.
Upper Castaways
Included in erosion control plan.
NeLyporter 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.
Newporter Nort h
Included as part of rough grading plan. Temporary gravel entrance located off San
Joaquin Hills road per city standards.
Block 800
Completed
•
20
5
9 0
. Freeway Reservation
No longer required, project completed.
49. Temporary sediment basin.
Under Castaways
In progress and being monitored by the Building Department.
Neymorter North
Included on rough grading plan.
Block 800
Included on rough grading plans.
Freeway Reservation
Completed.
Drainage Patterns
50. Master plans of water, sewer and storm drain facilities.
Upper Castaways
Completed.
Newoorter North
Completed.
Block 800
Completed.
Freeway Reservation
Completed.
Cultural Resources /Archaeolou
51 -53. Council Policy K -5.
Upner Castaways
Completed.
Newoorter Nort h
Completed.
21
ti lO
0
Block 800
Completed. •
Freeway Reservation
Completed.
54. Upper Castaways- Cultural Resources compliance.
Completed.
55 -57. Bay View Landing
No construction to date.
58 -61. Newporter North -CA- Ora -51 and CA- Ora -518 compliance.
Macko, Inc. preparing final report.
62. Newporter Knoll
No construction to date.
63. Block 800 -CA- Ora -136 compliance.
Macko, Inc. preparing final report.
64 -65. Corporate Plaza West
No construction to date.
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.
22
qq
F- -1
U
0
Block 800
Reviewed and approved as part of plan review for Tentative Map.
Freeway Reservation
Reviewed and approved.
Water
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 Dieeo Creek North
Completed and pending acceptance by the City.
Jamboree /MacArthur
No construction to date.
Upper Castaways
Completed and pending acceptance by the City.
Bayview Landing
No construction to date.
Newporter North
Completed and pending acceptance by the City.
Block 800
Under construction.
0
23
W
r1
U
Corporate Plaza West
No construction to date.
Freeway Reservation
Bonded.
Newporter Knoll
No construction to date.
Nenbrter Resort
No construction to date.
Newport Village
Bonded for improvements and is under construction.
n
U
24
0
40
•
4q
Notices and staff's report to be sent to:
The Irvine Company
550 Newport Center Drive
Newport Beach, CA 92660 -0015
Attention: General Counsel
Latham & Watkins
650 Town Center Drive
Costa Mesa, CA 92626 -1918
Attention: Robert K. Break
The Irvine Company - Residential Properties
550 Newport Center Drive
Newport Beach, California 92660 -0015
Attention: Senior Vice President
The Irvine Company
Carol Hoffman, Vice President of Entitlement
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 City Clerk
3300 Newport Boulevard City of Newport Beach
Post Office Box 1768 P.O. Box 1768
Newport Beach, California 92663 -3884 Newport Beach, CA 92663
Attention: Robert Burnham, City Attorney -3884
25
6-6
uz
Z
O
F
Q
U
A
�7
O
u
Q
CL.
C6
z
LTJ
CL.
O
Q
O
Lo
u
•m OU
0 c
s s
o` o`
v H
E°1
g �
c =
� O
> d
`o
m �
c 3
0
� m
c =
c
E a
V
� O
v y
0
P n
6 4
v
n
n
d
V �
�o S'
•VO N
9
V
0
O
v
_6 y
N
3 °1
c o
v
A E
E m A
ors E
E m
o •- E
U � o
C 9 �
A j C
� � N
s a U
@ m
rl y t
q
a n
9 y 9
O = >
cO
Q
A N
O O
u D U
v s
QF
5►
V L
r O •O C
�-• �-•
L
d v
-9 2
A
p
V
T N C
N R
.V°
y U y C E U
N
M
E
UR
Cc
O
i N L
3
O E
•-
r
N R
_T
�
R
L
T L
'O 'U U O
V y v
O
•p O
v
9 L •p
Q .Ai O
C U •N
U L N
L
C
•p
v
d u
O❑
c
v u�¢ r .`
E
'c d A 2
u
3 u o
E
�_
`-' � �_
OF
>
E
C d T d v C
coa
9
N` 9 N
N
N w F
•O
V
`U N
`"
nn U ',
2-'
c ^�
-
> �w
Q
.E d
g" >. •� A y°
r
L`°e
F�
u�'E
�� °V3 �•Ev
E0A
E 0
v
n
AnC
E
4- °moo. �a
Q
¢
€
¢
E a
vFiO
F•°oF
v- n � E oV
Z
ANO°. v[i
Ov�.c- -ZZZ
ti
Z[iU
o
N N A
Q V
vNi '„J d
a V o>
o
a U y
U
0 A
C
A
U
A
A 9
V
A 7
d
:a
v
O A
v
O
vE iw =
o
o
o L L
o vi
o 9 3
06 LO)
ci Q
fr` ' y u
E A�
.O 'O v
N d
N d
N d
d L
d d
y °• T
a9i
zz °
[-° o u E
F.n
[- °QE°
-�
z
I-°3O
F°Qz�a'U
�mL1
06
a
`^
O
O
O
LID
Z w
N
r M
N
O
N
0
i U
rOi
—
pQG
r
L
O
`n
�
O
A
O
❑
❑
D
y
.j
6
Y
L t
6
d
o.� �
Q
co
z
0]
U
w c °
z
z
z'��
F
—
N
t•'f
0
I.,
1p
1,:
O
—
N
u
•m OU
0 c
s s
o` o`
v H
E°1
g �
c =
� O
> d
`o
m �
c 3
0
� m
c =
c
E a
V
� O
v y
0
P n
6 4
v
n
n
d
V �
�o S'
•VO N
9
V
0
O
v
_6 y
N
3 °1
c o
v
A E
E m A
ors E
E m
o •- E
U � o
C 9 �
A j C
� � N
s a U
@ m
rl y t
q
a n
9 y 9
O = >
cO
Q
A N
O O
u D U
v s
QF
5►
n
Notices and staff report to be sent to
Pacific Bay Homes
Attention: Karin T. Krogius
18400 Von Karman, Suite 900
Irvine, CA 92715
Tim Panne
Paone, Callahan, McHolm & Winton
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
Environmental Services Consortium Incorporated
Lynn Hethrington, REA, CHMM
4401 Atlantic Avenue
Suite e
Long Beach, CA 90807
(310) 984 -2079
(310) 988 -0129 FAX
0
City of Newport Beach City Clerk
3300 Newport Boulevard City of Newport Beach
Post Office Box 1768 3300 Newport Boulevard
Newport Beach, California 92663 -3884 P.O. Box 1768
Attention: Kevin Murphy, City Manager Newport Beach, CA 92663 -3884
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attention: Robert Burnham, City Attorney
4
61
P
0
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
I. 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 ( CIOSA). This 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 were the following: 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
establishment of an automobile dealership on the property, Traffic Study No. 108, and an
amendment to Development Agreement No. 6 ( CIOSA).
1
n
U
0
NEWPORT HARBOR LUTHERAN CHURCH
DEVELOPMENT AGREEMENT NO. 10
Project Status Report
First Annual Review of the Development Agreement
between the City of Newport Beach
and the Newport Harbor Lutheran Church
I. Introduction
On August 8, 1997, the Development Agreement between the City of Newport Beach and the
Newport Harbor Lutheran Church was recorded. As specified by the Development Agreement
(Section 2.17), the "effective date" of the Development Agreement refers to the date of the
Adopting Ordinance. On June 23, 1997, the City Council adopted Ordinance No. 97 -22
approving this Agreement and authorizing the City to enter into this Agreement. The adopting
Ordinance became effective on July 24, 1997.
As part of the City Council's approval of Development Agreement No. 10, General Plan
Amendment No. 95 -2(E), Local Coastal Program Amendment No. 47, Amendment No. 860, and
the adoption'of Planned Community District Regulations for the church were approved on June
23, 1997.
II. Purpose.
The purpose of the Development Agreement is to grant vested development rights to the
Newport Harbor Lutheran Church for the future expansion of its facilities and uses on site; to
provide for the Church's conveyance to the City of approximately 0.65 acres of Church property
for use as a public parking facility to serve the Bob Henry Park and the Castaways Park, in
consideration of the City's conveyance to. the Church of at least .65 acres of City property; to
provide for the construction of parking areas and other improvements on the Church property to
replace existing parking spaces located on the property conveyed to the City; and.to restore or
replace other Church improvements impacted by the City's project and/or consideration for the
exchange of property.
To accomplish this purpose, the Development Agreement sets forth the fights and responsibilities
of both the Church and the City not only as the land exchange is implemented, but as the
improvements to both the Church property and the City property are implemented. The Planned
Community Text establishes a development limit of 40,000 sq. ft. (an increase of 30,000 sq. ft.)
to allow the Church to be able to expand its existing facilities for the purpose of offering
additional uses that are associated with religious institutions. In addition, the Planned
Community Text provides for development standards for all new construction and establishes a
list of permitted uses for the church site.
1
N
Authorised —tw Publish Adv riisemenU of all ki,D,cluding public notices by
Decree of the Superior Court of Orange County, California. Number A -6214,
September 29, 1961, and A -24831 June 11, 1967.
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 matter. 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:
January 17, 1998
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on January 19 It 199 8
at Costa Mesa, California.
( /V,o% AI< J
Signature
PUBLIC NOTICE
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 Devel-
opment Agreements Nos.
a, 5, 6, 7, B, 9, and 10.
Annual review of Devel-
apment Agreaments be-
^ween the City of Newport
Beach and: (No.4) The Ir.
vine Company involving the
(No.6) The Irvine Company,
Circulation Improvement
and Open Space Agree-
ment; (No.7) Pacific View
Memorial Park; (No.B) Ford
Motor Land Development
Corporation; IN0.9)
Fletcher Jones Motor Cars.
and (No.10) Newport Han
bor Lutheran Church, to re.
view the parties' compli.
ance with the terms antl,
conditions of the agree-
ments with the City of New.
port Beach.
Notice Is hereby further
given that said public hear.
ing will be held on the 26th
day of January, 1996, at
the hour of 7:00 p.m. In the
Council Chambers of the
Newport Beach, California,
at which time and place
any and all persons inter.
ested, may appear and be
heard thereon. It you chal-
lenge these projects In
court, you may be limited
to raising only those Issues
you or someone brae
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.
/s/ LaVDnne M. Hark.
loss, City Clark, City of
Newport Beach
Published Newport
Beach -Costa Mesa Daily
Pilot January 17, 1998
Sa050
Ot :0