HomeMy WebLinkAbout1880 - RECOMMEND APPROVAL OF GPA, CA, PC, MP, NT, AH, AND TS FOR A 401-GROSS-ACRE PC_ BANNING RANCHA RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF
GENERAL PLAN AMENDMENT NO. GP2008 -008, CODE
AMENDMENT NO. CA2008 -004, PLANNED COMMUNITY
DEVELOPMENT PLAN NO. PC2008 -002, MASTER
DEVELOPMENT PLAN NO. MP2008 -001, TENTATIVE TRACT
MAP NO. NT2008 -003, AFFORDABLE HOUSING
IMPLEMENTATION PLAN NO. AH2O08 -001, AND TRAFFIC
STUDY NO. TS2008 -002 FOR A 401 - GROSS -ACRE PLANNED
COMMUNITY LOCATED AT BANNING RANCH (PA2008 -114)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
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1. An application was filed by Newport Banning Ranch, LLC, with respect to a 401.1- gross-
acre property generally located north of West Coast Highway, south of 19th Street, and
east of the Santa Ana River and legally described Exhibit A and depicted in Exhibit K
requesting approval of a Development Agreement; General Plan Amendment to the
Circulation Element; Code Amendment; a Pre - annexation Zone Change; Planned
Community Development Plan; Master Development Plan; Tentative Tract Map;
Affordable Housing Implementation plan; and Traffic Phasing Ordinance Traffic Study.
2. The applicant proposes a planned community, which may include the development of
up to 1,375 residential dwelling units, a 75 -room resort inn and ancillary resort uses,
and up to 75,000 square feet of commercial uses, and would provide approximately
51.4 gross acres of parklands, and the preservation of approximately 252.3 gross
acres of permanent open space.
3. The subject property is located within the City of Newport Beach Planned Community
(PC -25) Zoning District and the County of Orange Zoning Suburban Multi - family
Residential (R -4), Local Business Commercial (C -1), Light Industrial (M -1) with Oil
Production (0), Sign Restriction (SR), and Floodplain Zone (FP -2) Overlays.
4. The City of Newport Beach General Plan Land Use Element category is Open
Space /Residential Village (OS /RV).
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
(CLUP) designates this property as a Deferred Certification Area; therefore, the policies
of the CLUP do not govern the development of the project site.
6. Study sessions were held on January 19, 2012, February 9, 2012, February 23, 2012,
and March 8, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard,
Newport Beach, California.
Planning Commission Resolution No. 1880
_ Page 2 of 6
7. Public hearings were held on March 22, 2012, April 19, 2012, and June 21, 2012, in the
City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of these meetings was given in accordance with the
Newport Beach Municipal Code. Evidence, both written and oral, was presented to,
and considered by, the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. A draft Environmental Impact Report (SCH No. 2009031061) (DEIR) has been
prepared in compliance with the California Environmental Quality Act (CEQA), the
State CEQA Guidelines, and City Council Policy K -3.
2. The DEIR was circulated for a 60 -day comment period beginning on September 9,
2011, and ending on November 8, 2011. The Final EIR (FEIR), consisting of the DEIR,
comments, responses to the comments, and Mitigation Monitoring and Report
Program, was considered by the Planning Commission in its review of the proposed
project.
3. On the basis of the entire environmental review record, the proposed project will have
a less than significant impact upon the environment with the incorporation of mitigation
measures, with the exception of the following significant and unavoidable impacts:
A. Lan d Use and Related Programs. There would be land use incompatibility with
respect to long -term noise frorn proximity to Bluff Road, and night illumination
predominately from the Community Park on those Newport Crest residences
immediately contiguous to the project site. Though mitigation is proposed that
would reduce the noise impacts to less than significant, noise impacts would
rernain significant for the identified residences on 17Th Street and the Newport Crest
units closest to the road if they elect not to permit the implementation of mitigation
measures on their property which would reduce the increased interior noise levels.
B. Aesth etics and Visual Resources. The proposed project would introduce nighttime
lighting into a currently unlit area.
C. Transportation and Traffic. The proposed project would have impacts on
intersections in the City of Costa Mesa. Implementation of Mitigation Measure MM
4.9 -2 would mitigate the project's impact to a level considered less than significant.
However, the City of Newport Beach cannot impose mitigation on another
jurisdiction. Therefore, if the applicant is unable to reach an agreement with the
City of Costa Mesa that would ensure that the project impacts occurring in Costa
Mesa would be mitigated concurrent with or preceding the impact, the impacts to
be mitigated by the improvements would remain significant and unavoidable. If the
applicant and the City of Costa Mesa have reached an agreement to ensure the
implementation of traffic improvements, then this impact would be considered
within the responsibility and jurisdiction of another public agency (Costa Mesa),
such measures can and will be adopted by that agency and the impact woiuld be
reduced to less than significant.
Planning Commission Resolution No. 1880
Paae 3 of 6
D. Air Quality. Without mitigation, regional (mass) emissions of oxides of nitrogen
(NOx) are forecasted to exceed applicable thresholds in some construction years.
Though Mitigation Measure MM 4.10 -1 would reduce the emissions to less than
significant levels, the availability of sufficient Tier 4 diesel engine construction
equipment cannot be assured. Therefore, the impacts are found to be significant
and unavoidable.
Long -term operational emissions of criteria pollutants would not exceed the South
Coast Air Quality Management District (SCAQMD) mass emissions thresholds from
initial occupancy through 2020. However, as project development continues
beyond 2020, emissions of volatile organic compounds (VOC) and carbon
monoxide (CO) would exceed the significance thresholds, principally due to vehicle
operations. Therefore, the impacts remain significant and unavoidable.
The proposed project would have cumulatively considerable contributions to
regional pollutant concentrations of ozone (03).
E. Greenhouse Gases. The proposed project would emit quantities of greenhouse
gases that would exceed the City's 6,000 metric tons of Carbon Dioxide Equivalent
(CO2e) per year significance threshold. Feasible mitigation measures have been
identified to reduce this impact, however, even after implementation of all feasible
measures, the proposed project would make a cumulatively considerable
contribution to the global greenhouse gases inventory affecting global climate
change.
F. Noise. The increased traffic volumes on 17th Street west of Monrovia Avenue in
Costa Mesa would expose sensitive receptors to noise levels that would exceed
City of Costa Mesa significance thresholds. Mitigation Measure MM 4.12 -5 requires
the applicant to provide funds to the City of Costa Mesa to resurface the street with
rubberized asphalt; however, the City of Newport Beach has no ability to assure
that the mitigation would be implemented. Therefore, the forecasted impact to the
residences on 17th Street west of Monrovia Avenue is considered significant and
unavoidable.
For portions of the Newport Crest development, there would be a significant
increase in the ambient noise level due to the projected traffic volumes in the build -
out condition. Mitigation Measure MM 4.12 -6 would reduce impacts to levels within
the "Clearly Compatible" or "Normally Compatible" classifications but would remain
above the 5 decibels (dBA) significance criterion in the General Plan. Mitigation
Measure MM 4.12 -7 would provide interior noise attenuation but because the City
of Newport Beach does not have the authority to mandate the implementation of
mitigation on private property that is not on the project site, the impact would be
significant and unavoidable.
Use of construction equipment would result in a substantial temporary increase in
ambient noise levels to nearby noise - sensitive receptors in the vicinity of the
Planning Commission Resolution No. 1880
Page 4 of 6
proposed project. The temporary noise increases would be significant and
unavoidable due to the low existing ambient noise levels, the proximity of the
noise - sensitive receptors, and duration of construction activities.
4. The mitigation measures identified are feasible and reduce potential environmental
impacts to a less than significant level, with the exception of those impacts identified
above. The mitigation measures would be applied to the project through the Mitigation,
Monitoring, and Report Program.
5. On March 22, 2012, the Planning Commission adopted Resolution No. 1873
recommending to the City Council of the City of Newport Beach certification of the
Newport Banning Ranch Final Environmental Impact Report (SCH No. 2009031061).
6. On June 21, 2012, the Planning Commission adopted Resolution No. reaffirming
their recommendation to the City Council of the City of Newport Beach certification of
the Newport Banning Ranch Final Environmental Impact Report (SCH No.
2009031061).
7. The record supports a Statement of Overriding Considerations pursuant to CEQA in
that the project includes benefits that outweigh the land use, nighttime lighting, traffic,
greenhouse gas emissions, and noise impacts of the proposed project.
8. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages
which may be awarded to a successful challenger.
SECTION 3. FINDINGS.
1. The proposed project is consistent with the goals and policies of the General Plan. The
Planning Commission concurs with the conclusions of the consistency analysis of the
proposed project with these goals and policies provided in the environmental impact
report.
2. The land use incompatibility identified in the FEIR associated with the impacts of
vehicular noise from Bluff Road on those Newport Crest residences immediately
contiguous to the project site is acceptable because the proposed alignment is
consistent with the Circulation Element and the landform and biological resource
protection policies of the General Plan.
3. The land use incompatibility identified in the FEIR associated with the impacts on
nighttime lighting from the North Community Park on those Newport Crest residences
immediately contiguous to the project site is acceptable because it would allow the
development of active community park pursuant to the Land Use Element and
Planning Commission Resolution No. 1880
Paqe 5 of 6
Recreation Element while furthering biological resource protection policies of the
General Plan.
4. Extension of 15th Street west of Bluff Road to West Coast Highway is not needed to
accommodate the projected traffic accessing West Coast Highway. Deleting this
roadway segment from the Master Plan of Streets and Highways would not result in
any inconsistencies between the Circulation Element and other elements of General
Plan and would avoid alteration of bluffs and disturbance of Southern Coastal Bluff
Scrub vegetation adjacent to West Coast Highway.
5. The certified CLUP designates the Banning Ranch as a Deferred Certification Area
due to unresolved issues relating to land use, public access, and the protection of
coastal resources. Therefore, no other CLUP policies are directly applicable to the
Banning Ranch property.
6. Pursuant to City Council Policy D -2, a fiscal impact analysis of the proposed
annexation on City finances and related City services and facilities was prepared. The
fiscal impact analysis concludes that based on the revenue and cost projections, the
proposed project would have a net fiscal benefit of nearly $2.0 million per year at full
build -out.
7. Findings and facts in support of such findings for the approval of Tentative Tract Map
No. NT2008 -003 in accordance with Section 19.12.070 of the Newport Beach
Municipal Code are provided in Exhibit C.
8. Findings and facts in support of such findings for the approval of Traffic Study No.
TS2008 -002 in accordance with Section 15.40.030 of the Newport Beach Municipal
Code are provided in Exhibit D.
9. Findings and facts in support of such findings for the approval of Affordable Housing
Implementation Plan No. AH2O08 -001 in accordance with Section 19.54.070.D of the
Newport Beach Municipal Code are provided in Exhibit E.
10. Recommended Findings and Facts in Support of Findings and Statement of Overriding
Considerations for the Final Environmental Impact Report are provided in Exhibit F.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission hereby recommends to the City Council approval of:
1. General Plan Amendment No. GP2008 -008;
2. Code Amendment No. CA2008 -004;
Planning Commission Resolution No. 1880
Paqe 6 of 6
3. Planned Community Development Plan No. PC2008 -002, attached hereto as Exhibit G
and incorporated herein by reference;
4. Master Development Plan No. MP2008 -001, attached hereto as Exhibit H and
incorporated herein by reference;
5. Tentative Tract Map No. NT2008 -003, attached hereto as Exhibit I and incorporated
herein by reference, and subject to the conditions set forth in Exhibit B, which is attached
hereto and incorporated by reference;
6. Affordable Housing Implementation Plan No. AH2008 -001, attached hereto as Exhibit
J and incorporated herein by reference; and
7. Traffic Study No. TS2008 -002.
Section 2. The Planning Commission hereby recommends that the City Council adopt a
Statement of Overriding Considerations specifically identifying the project benefits identified in
Exhibit F that outweigh the land use, nighttime lighting, traffic, greenhouse gas emissions, and
noise impacts of the proposed project.
PASSED, APPROVED AND ADOPTED THIS 21s` DAY OF JUNE, 2012.
AYES: Brown, Hillgren, Kramer, Myers, Toerge, and Tucker
NOES: None
ABSTAIN: None
ABSENT: Ameri
AN
ry
EXHIBIT A
Legal Description
Real property in the unincorporated area of the County of Orange, State of California, described as follows:
PARCELI:
A PORTION OF LOTS "B ", "C" AND "D ", ALL IN THE BANNING TRACT, AS SHOWN ON A MAP OF
SAID TRACT FILED IN THE CASE OF HANCOCK BANNING AND OTHERS VS. MARY 1-I. BANNING,
FOR PARTITION, BEING CASE NO. 6385 UPON THE REGISTER OF ACTIONS OF THE SUPERIOR
COURT OF LOS ANGELES COUNTY, CALIFORNIA, AND A PORTION OF RANCHO SANTIAGO DE
SANTA ANA, DESCRIBED IN BOOK 3, PAGE 387 OF PATENTS, RECORDS OF LOS ANGELES
COUNTY. CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE BOUNDARY LINE BETWEEN LOTS "A" AND "B" OF SAID
BANNING TRACT, WHICH POINT IS THE POINT OF INTERSECTION OF THE CENTER LINE OF
NINETEENTH STREET AND THE NORTHWESTERLY LINE OF THE FIRST ADDmON TO THE
NEWPORT MESA TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 61 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89
DEGREES 26'55" WEST ALONG THE NORTHERLY LINE OF SAID LOT "B ", 3315.29 FEET TO THE
NORTHWESTERLY CORNER OF LOT "B" OF SAID BANNING TRACT; THENCE SOUTHERLY ALONG
THE WESTERLY BOUNDARY LINE OF LOT "B" OF SAID BANNING TRACT, THE FOLLOWING
COURSES AND DISTANCES: SOUTH 1 DEGREE 45' WEST 462.00 FEET; THENCE SOUTH 34
DEGREES IS' WEST 462.95 FEET; THENCE SOUTH 6 DEGREES IS' EAST 1058.48 FEET; THENCE
SOUTH 19 DEGREES 45' WEST 529.21 FEET; THENCE SOUTH 34 DEGREES 30' WEST 463.08
FEET; THENCE SOUTH 42 DEGREES 45' WEST 397.00 FEET; THENCE SOUTH 4 DEGREES 45'
WEST 462.00 FEET; THENCE SOUTH 21 DEGREES IS' WEST 198.50 FEET TO THE SOUTHWEST
CORNER OF LOT "B ", AS SHOWN ON SAID MAP OF THE BANNING TRACT, WHICH CORNER IS
ALSO STATION NO. 149 OF THE BOUNDARY LINE OF RANCHO SANTIAGO DE SANTA ANA, AS
DESCRIBED IN BOOK 3, PAGE 387 OF PATENTS, RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA; THENCE SOUTH 72 DEGREES 51'36" EAST 807,47 FEET TO A POINT WHICH
BEARS NORTH 20 DEGREES 32'44" EAST 606.79 FEET FROM THE POINT OF INTERSECTION OF
THE CENTER LINE OF THE SANTA ANA RIVER, AS SHOWN ON THE MAP FILED IN AND
ANNEXED TO THE COMPLAINT IN THE CASE OF J. B. BANNING JR. VS. SMITH AND OTHERS,
BEING CASE NO. 22797 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR
ORANGE COUNTY, A COPY OF THE JUDGMENT OF SAID CASE NO. 22797 HAVING BEEN
RECORDED JULY 19, 1929 IN BOOK 297, PAGE 76 OF OFFICIAL RECORDS, WITH THE
SOUTHEASTERLY LINE OF SUMMIT STREET, 30 FEET IN WIDTH, AS SHOWN ON A MAP OF EL
MORO TRACT RECORDED IN BOOK 8, PAGE 75 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY, NORTHEASTERLY AND SOUTHEASTERLY,
PARALLEL WITH THE SAID CENTER LINE OF THE SANTA ANA RIVER AND 600.00 FEET DISTANT
THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING COURSES AND
DISTANCES: SOUTH 78 DEGREES 02' EAST 486.60 FEET; THENCE SOUTH 66 DEGREES 42' 20"
EAST 517.33 FEET; THENCE NORTH 20 DEGREES 06' IS" EAST 539.49 FEET; THENCE NORTH 51
DEGREES 48' EAST 405.76 FEET; THENCE NORTH 74 DEGREES 07' EAST 722.86 FEET; THENCE
SOUTH 45 DEGREES 20'28" EAST 740.97 FEET; THENCE SOUTH 27 DEGREES 46' EAST 498.37
FEET; THENCE SOUTH 13 DEGREES 35'40" EAST 820.19 FEET; THENCE SOUTH 1 DEGREE 38'
25" WEST 871.22 FEET TO A POINT IN A LINE 600.00 FEET NORTHERLY OF AND PARALLEL
WITH THE NORTHERLY LINE OF THE 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE
HIGHWAY, AS DESCRIBED IN DEED RECORDED APRIL 20, 19361N BOOK 822, PAGE 48 OF
OFFICIAL RECORDS; THENCE SOUTHEASTERLY, PARALLEL WITH THE NORTHERLY AND
NORTHEASTERLY LINE OF SAID CALIFORNIA STATE HIGHWAY, THE FOLLOWING COURSES
AND DISTANCES: THENCE SOUTH 83 DEGREES 18' EAST 328.62 FEET TO THE BEGINNING OF A
CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE
SOUTHWEST, HAVING A RADIUS OF 1650.00 FEET AND TANGENT TO THE LAST MENTIONED
COURSE, A DISTANCE OF 500.12 FEET; THENCE SOUTH 65 DEGREES 56' EAST, TANGENT TO
SAID CURVE, 667.15 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF
1650.00 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 48.34 FEET
TO A POINT IN THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF WHInIER
AVENUE (60 FEET IN WIDTH), AS SHOWN ON A MAP OF THE NEWPORT MESA TRACT
RECORDED IN BOOK 5, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, A RADIAL LINE FROM SAID POINT BEARS SOUTH 25 DEGREES 44'43" WEST;
THENCE NORTH 0 DEGREES 36' 01 "WEST ALONG THE SAID PROLONGATION OF WHInIER
AVENUE, 3061.05 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID FIRST ADDITION
EXHIBIT A
Legal Description
TO NEWPORT MESA TRACT, THENCE NORTH 29 DEGREES 24'45" WEST ALONG THE
SOUTHWESTERLY LINE OF SAID FIRST ADDITION TO THE NEWPORT MESA TRACT, 2706.70
FEET TO THE MOST WESTERLY CORNER OF SAID FIRST ADDITION TO THE NEWPORT MESA
TRACT; THENCE NORTH 19 DEGREES 01'55" EAST ALONG THE NORTHWESTERLY LINE OF THE
LAST MENTIONED TRACT, 1065.62 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION OF LOT "B" OF SAID BANNING TRACT DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF THE 300 -FOOT STRIP OF LAND
FOR SANTA ANA RIVER CHANNEL, AS DESCRIBED IN THE DEED TO THE NEWBERT
PROTECTION DISTRICT, RECORDED JUNE 22, 1911 IN BOOK 197, PAGE 300 OF DEEDS,
ORANGE COUNTY, WHICH POINT IS NORTH 71 DEGREES 20' EAST 510.47 FEET FROM THE
SOUTHWEST CORNER OF SAID LOT "B ", WHICH LAST MENTIONED CORNER IS ALSO STATION
149 OF THE RANCHO SANTIAGO DE SANTA ANA; THENCE NORTH 13 DEGREES 25' EAST ALONG
THE EASTERLY LINE OF SAID 300 -FOOT STRIP OF LAND, 660 FEET; THENCE SOUTH 76
DEGREES 35' EAST 660 FEET; THENCE SOUTH 13 DEGREES 25' WEST 660 FEET; THENCE
NORTH 76 DEGREES 35' WEST 660 FEET TO THE POINT OF BEGINNING, AS CONDEMNED BY
THE CITY OF NEWPORT BEACH IN THE ACTION ENTITLED "CITY OF NEWPORT BEACH, A
MUNICIPAL CORPORATION, PLAINTIFF VS. TOWNSEND LAND COMPANY AND OTHERS,
DEFENDANTS ", BEING CASE NO. 34747 OF THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA,. IN AND FOR ORANGE COUNTY, A CERTIFIED Copy OF THE FINAL JUDGMENT
HAVING BEEN RECORDED AUGUST 20, 1937 IN BOOK 910, PAGE 19 OF OFFICIAL RECORDS OF
ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, THAT PORTION OF LOT "B" IN SAID BANNING TRACT
CONVEYED BY THE TOWNSEND LAND COMPANY TO THE NEWBERT PROTECTION DISTRICT
FOR A RIVER CHANNEL, 300 FEET WIDE, BY DEED RECORDED JUNE 22, 1911 IN BOOK 197,
PAGE 300 OF DEEDS, ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT "B" OF THE BANNING
TRACT, SOUTH 84 DEGREES 45' EAST 135.84 FEET DISTANT FROM THE SOUTHWESTERLY
CORNER OF SAID LOT "B ", WHICH CORNER IS ALSO STATION 149 OF THE RANCHO SANTIAGO
DE SANTA ANA; THENCE NORTH 13 DEGREES 25' EAST ALONG THE WESTERLY SIDE OF SAID
300 -FOOT RIGHT OF WAY, 946.75 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT "B ";
THENCE ALONG THE WESTERLY LINE OF SAID LOT "B ", NORTH 42 DEGREES 45' EAST 38.70
FEET TO AN ANGLE IN SAID WESTERLY LINE; THENCE NORTH 34 DEGREES 30' EAST 462.00
FEET TO AN ANGLE IN SAID WESTERLY LINE; THENCE NORTH 19 DEGREES 45' EAST 528.00
FEET TO AN ANGLE IN SAID WESTERLY LINE; THENCE STILL ALONG SAID WESTERLY LINE,
NORTH 6 DEGREES 15' WEST 723.17 FEET TO A POINT IN THE WESTERLY LINE OF SAID 300 -
FOOT RIGHT OF WAY; THENCE NORTH 13 DEGREES 25' EAST ALONG THE WESTERLY LINE OF SAID RIGHT
OF WAY, 607.27 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT "B ";
THENCE ALONG THE WESTERLY LINE OF SAID LOT "B ", NORTH 34 DEGREES 15' EAST 148.48
FEET TO AN ANGLE IN SAID LINE; THENCE NORTH 1 DEGREE 45' EAST 436.44 FEET TO THE
NORTHWEST CORNER OF SAID LOT "B'; THENCE ALONG THE NORTHERLY LINE OF SAID LOT
"B ", NORTH 89 DEGREES 28' EAST 346.14 FEET TO A POINT IN THE EASTERLY LINE OF SAID
300 -FOOT RIGHT OF WAY; THENCE SOUTH 13 DEGREES 25 WEST 3831.55 FEET TO THE
SOUTHERLY LINE OF SAID LOT "B ", THENCE ALONG THE SOUTHERLY LINE OF SAID LOT "B ",
NORTH 84 DEGREES 45' WEST 303.08 FEET TO THE POINT OF COMMENCEMENT.
ALSO EXCEPTING THEREFROM, THE PORTIONS THEREOF INCLUDED WITHIN A STRIP OF LAND
30 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT
THE POINT WHERE THE EASTERLY BOUNDARY LINE OF THE RANCHO LAS BOLSAS BETWEEN
STATIONS 78 AND 79 OF THE SAID BOUNDARY LINE IS INTERSECTED BY THE LINE WHICH
BEARS NORTH 13 DEGREES 26'3D" EAST FROM THE POINT ON THE SOUTH LINE OF SECTION
18, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, 2294.92
FEET NORTH 89 DEGREES 38' EAST FROM THE SOUTH QUARTER SECTION CORNER OF SAID
SECTION, SAID BEGINNING POINT BEING ON THE SURVEYED CENTER LINE OF THE SANTA
ANA - ANAHEIM JOINT OUTFALL SEWER; THENCE FROM SAID POINT OF BEGINNING, SOUTH 13
DEGREES 26'3D" WEST ALONG SAID CENTER LINE TO STATION 187 +74.49, BEING THE POINT
ON THE SOUTH LINE OF SAID SECTION 18, 2294.92 FEET NORTH 89 DEGREES 38' EAST FROM
THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUING SOUTH 13 DEGREES
26'3D" WEST ALONG SAID SURVEYED CENTER LINE, 2795.66 FEET TO STATION 215 +70.15;
THENCE SOUTH 16 DEGREES 27'3D" WEST ALONG SAID CENTER LINE, 1050.35 FEET TO A
EXHIBIT A
Legal Description
POINT 15.30 FEET SOUTH 84 DEGREES 45' EAST FROM STATION 68 OF THE RANCHO LAS
BOLSAS, TOGETHER WITH THE STRIP OF LAND OF VARYING WIDTHS LYING BETWEEN THE
EASTERLY LINE OF THE ABOVE DESCRIBED 3D -FOOT STRIP AND THE WESTERLY LINE OF THE
RIGHT OF WAY OF THE SANTA ANA RIVER THROUGH THE NEWBERT PROTECTION DISTRICT,
AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 14, 1934 IN BOOK 670,
PAGE 147 OF OFFICIAL RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, THAT PORTION OF SAID LAND INCLUDED WITHIN A STRIP OF
LAND 180 FEET WIDE, DESCRIBED AS PARCELS D3 -121.1 AND D3 -122.1 IN THE FINAL ORDER
OF CONDEMNATION RENDERED JANUARY 26, 1962 IN THE SUPERIOR COURT OF THE STATE
OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, IN THE ACTION ENTITLED "ORANGE
COUNTY FLOOD CONTROL DISTRICT VS. CITY OF NEWPORT BEACH, AND OTHERS" (CASE NO.
77399), A CERTIFIED COPY OF WHICH DECREE WAS RECORDED JANUARY 3D, 1962 IN BOOK
5993, PAGE 441 OF OFFICIAL RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, THAT PORTION OF SAID LAND INCLUDED WITHIN THE
FOLLOWING DESCRIBED LAND:
THAT PORTION OF BLOCK C OF THE BANNING TRACT, AS SHOWN ON A MAP ATTACHED TO
REPORT OF THE REFEREES FILED APRIL 14, 18901N CASE NO. 6385 IN THE SUPERIOR COURT
OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, AND THAT
PORTION OF LOTS 1111 AND 1112 AND PORTION OF SIXTEENTH STREET AND WHITTIER
AVENUE ADJOINING, AS SHOWN ON THE MAP OF NEWPORT MESA TRACT RECORDED IN BOOK
5, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA;
DESCRIBED AS WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SAID SIXTEENTH STREET WITH
THE SOUTHWESTERLY BOUNDARY LINE OF FIRST ADDITION TO NEWPORT MESA TRACT, AS
SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 61 OF MISCELLANEOUS. MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89 DEGREES 21'50" WEST 16.50 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF
500.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 28 DEGREES
48'33". A DISTANCE OF 251.41 FEET TO A LINE TANGENT; THENCE SOUTH 60 DEGREES 33'
17" WEST ALONG SAID LINE TANGENT, A DISTANCE OF 404.60 FEET; THENCE NORTH 29
DEGREES 26'43" WEST 804.50 FEET; THENCE NORTH 60 DEGREES 33'17" EAST 300.00 FEET;
THENCE SOUTH 88 DEGREES 48'26" EAST 316.57 FEET TO A POINT IN A CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE FROM SAID POINT
BEARS NORTH 89 DEGREES 2V50" EAST; THENCE NORTHERLY ALONG SAID CURVE, THROUGH
AN ANGLE OF 44 DEGREES 24'55". A DISTANCE OF 38.76 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 44 DEGREES 24' 55 ", A DISTANCE
OF 69.77 FEET TO A LINE TANGENT; THENCE NORTH 0 DEGREES 38'10" WEST ALONG SAID
LINE TANGENT, A DISTANCE OF 11.11 FEET TO THE SAID SOUTHWESTERLY BOUNDARY LINE
OF FIRST ADDITION TO NEWPORT MESA TRACT; THENCE SOUTH 29 DEGREES 26'43" EAST
ALONG SAID SOUTHWESTERLY BOUNDARY LINE, A DISTANCE OF 789.32 FEET TO THE POINT
OF BEGINNING.
AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RENDERED AUGUST 4, 19651N THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE,
ENTITLED "COSTA MESA UNION SCHOOL DISTRICT OF ORANGE COUNTY, CALIFORNIA VS.
SECURITY FIRST NATIONAL BANK, ETC., AND OTHERS" (CASE NO. 123141), A CERTIFIED COPY
OF WHICH ORDER WAS RECORDED AUGUST 5, 1965 IN BOOK 7620, PAGE 215 OF OFFICIAL
RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, THAT PORTION DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT B OF THE BANNING TRACT, AS SHOWN ON A MAP FILED IN THE CASE
OF HANCOCK BANNING AND OTHERS VS. MARY H. BANNING, FOR PARTITION, BEING CASE
NO. 6385 UPON THE REGISTER OF ACTIONS OF THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT B; THENCE SOUTHERLY ALONG
EXHIBIT A
Legal Description
THE WESTERLY BOUNDARY OF SAID LOT B, SOUTH 01 DEGREE 45'00" WEST 462.00 FEET TO
RANCHO LAS BOLSAS, STATION 75, AND SOUTH 34 DEGREES 15' 00" WEST 462.95 FEET TO
RANCHO LAS BOLSAS, STATION 74, BEING THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WESTERLY BOUNDARY, SOUTH 06 DEGREES 1600" EAST TO THE
WESTERLY LINE OF THE STRIP OF LAND DESCRIBED IN DEED TO THE CITY OF SANTA ANA,
RECORDED APRIL 14, 1934 IN BOOK 670, PAGE 147 OF OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE
INTERSECTION WITH THAT CERTAIN COURSE HEREINABOVE CITED AS "SOUTH 34 DEGREES
1600" WEST 462.95 FEET "; THENCE ALONG SAID CERTAIN COURSE, SOUTH 34 DEGREES 15'
00" WEST TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS PARCELS 100, 103,106 AND
108 IN THE NOTICE OF LIS PENDENS, UNITED STATES DISTRICT COURT FOR THE CENTRAL
DISTRICT OF CALIFORNIA CASE NO. CV 91- 3991 -Ili, A CERTIFIED OF WHICH WAS RECORDED
AUGUST 23, 1991 AS INSTRUMENT NO. 91- 455338 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY, WHICH INCLUDES A DECLARATION OF TAKING.
ALSO EXCEPTING THEREFROM, THE TITLE AND EXCLUSIVE RIGHT TO ALL OF THE MINERALS,
INCLUDING, BUT NOT LIMITED TO, ALL PETROLEUM, OIL, NATURAL GAS, AND OTHER
HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, TOGETHER WITH THE
RIGHT OF INGRESS AND EGRESS, UPON, OVER AND BENEATH THE SURFACE OF SAID LAND, ATALL
TIMES TO EXPLORE FOR, EXTRACT AND REMOVE ANY OF SAID MINERALS LOCATED
BELOW A DEPTH OF 6200 FEET, BUT WITHOUT THE RIGHT TO USE THE SURFACE OF SAID
LAND DOWN TO A DEPTH OF 500 FEET, AS RESERVED IN THE DEED EXECUTED BY HANCOCK
BANNING JR. AND OTHERS, DATED AUGUST I, 1958, RECORDED AUGUST 29, 1955 IN BOOK
441111. PAGE 532. AND RE- RECORDED OCTOBER 6. 1958 IN BOOK 4437. PAGE 225. AS
AMENDED BY THE DEED AND AGREEMENT EXECUTED BY HANCOCK BANNING JR. AND OTHERS,
RECORDED DECEMBER 27. 1961 IN BOOK 5957, PAGE 665. ALL IN OFFICIAL RECORDS,
ORANGE COUNTY.
PARCEL2:
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN LAND AS DESCRIBED IN PARCEL
I IN DEED FROM HANCOCK BANNING JR. AND OTHERS, DATED AUGUST I, 1955, RECORDED
AUGUST 29. 1958 IN BOOK 4400, PAGE 532 OF OFFICIAL RECORDS, ORANGE COUNTY, AND
RE- RECORDED OCTOBER 6, 1958 IN BOOK 4437. PAGE 228 OF OFFICIAL RECORDS, ORANGE
COUNTY, ALSO BEING THE SOUTHWEST CORNER OF LOT "B" OF THE BANNING TRACT, AS
SHOWN ON THE MAP ATIACHED TO THE REPORT OF THE REFEREES FILED APRIL 14. 18901N
CASE NO. 6385 IN THE SUPERIOR COURT OF THE STATE. OF CALIFORNIA, IN AND FOR THE
COUNTY OF LOS ANGELES, CALIFORNIA, WHICH CORNER IS ALSO STATION 149 OF THE
BOUNDARY LINE OF RANCHO SANTIAGO DE SANTA ANA, AS DESCRIBED IN BOOK 3. PAGE 387
OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE ALONG THE
SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 72 DEGREES 51' 36" EAST 807.47 FEET TO A
POINT WHICH BEARS NORTH 20 DEGREES 32'44" EAST 606.79 FEET FROM THE POINT OF
INTERSECTION OF THE CENTER LINE OF THE SANTA ANA RIVER, AS SHOWN ON THE MAP
FILED IN AND ANNEXED TO THE COMPLAINT IN THE CASE OF J. B. BANNING JR. VS. SMITH
AND OTHERS, BEING CASE NO. 22797 OF THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR ORANGE COUNTY, A COPY OF THE JUDGMENT OF SAID CASE NO.
22797 HAVING BEEN RECORDED JULY 197 1929 IN BOOK 297, PAGE 76 OF OFFICIAL RECORDS,
WITH THE SOUTHEASTERLY LINE OF SUMMIT STREET, 30 FEET IN WIDTH, AS SHOWN ON A
MAP OF EL MORO TRACT RECORDED IN BOOK 8, PAGE 75 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY, NORTHEASTERLY AND
SOUTHEASTERLY, PARALLEL WITH THE SAID CENTER LINE OF THE SANTA ANA RIVER AND
600.00 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING
COURSES AND DISTANCES: SOUTH 78 DEGREES 02' EAST 486.611 FEET, SOUTH 66 DEGREES
,12'20" EAST 517.33 FEET; NORTH 20 DEGREES 06 15" EAST 539.49 FEET; NORTH 51
DEGREES 48' EAST 405.76 FEET; NORTH 71 DEGREES 11T EAST 722.86 FEET; SOUTH 45
DEGREES 20 28" EAST 740!97 FEET; SOUTH 27 DEGREES 46' EAST 498.37 FEET; SOUTH 13
DEGREES 35'40" EAST 820.19 FEET; SOUTH I DEGREE 38' 25" WEST 871.22 FEET TO A POINT
IN A LINE 600.00 FEET NORTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF THE
100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN DEED
RECORDED APRIL 20, 1936 IN BOOK 922. PAGE 48 OF OFFICIAL RECORDS, ORANGE COUNTY;
THENCE SOUTHEASTERLY, PARALLEL WITH THE NORTHERLY AND NORTHEASTERLY LINE OF
EXHIBIT A
Legal Description
SAID CALIFORNIA STATE HIGHWAY, THE FOLLOWING COURSE=S AND DISTANCES: SOUTH 83
DEGREES I S' EAST 323.62 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF
1650.1111 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 51111.12 FEET;
THENCE SOUTH 65 DEGREES 56' EAST, TANGENT TO SAID CURVE, 667.15 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE
TO THE SOUTHWEST AND HAVING A RADIUS OF 1650.00 FEET, AND TANGENT TO THE LAST
MENTIONED COURSE, A DISTANCE OF,18.34 FEET TO A POINT IN THE SOUTHERLY
PROLONGATION OF THE EASTERLY LINE OF WHITIIER AVENUE (60 FEET IN WIDTH), AS
SHOWN ON A MAP OF THE FIRST ADDITION TO NEWPORT MESA TRACT RECORDED IN BOOK
8. PAGE 61 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, A RADIAL LINE
FROM SAID POINT BEARS SOUTH 25 DEGREES 44' 43" WEST, WHICH POINT IS THE
SOUTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH I) DEGREES 36'01" EAST ALONG THE
SAID PROLONGATION OF WHITTIER AVENUE, 404.46 FEET TO AN INTERSECTION WITH THE
NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 250 FEET IN WIDTH, AS DESCRIBED
IN PARCEL 1. ARTICLE II OF SAID DEED RECORDED AUGUST 29. 1958 IN BOOK 4400, PAGE
532 OF OFFICIAL RECORDS, ORANGE COUNTY, AND RE- RECORDED OCTOBER 6. 1958 IN BOOI(
4437. PAGE 228 OF OFFICIAL RECORDS, ORANGE COUNTY, A RADIAL LINE FROM SAID
INTERSECTION BEARS SOUTH 33 DEGREES 40'54" WEST; THENCE ALONG THE
NORTHEASTERLY, NORTHERLY, NORTHWESTERLY AND NORTHERLY LINE OF SAID PARCEL 1,
ARTICLE 11, THROUGH THE FOLLOWING COURSES AND DISTANCES: NORTHWESTERLY ALONG
A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1300.00 FEET, THROUGH AN
ANGLE OF 9 DEGREES 36'54", A DISTANCE OF 218.16 FEET TO A LINE TANGENT THERETO;
THENCE NORTH 65 DEGREES 56' WEST, . TANGENT TO SAID CURVE, 667.15 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT; THENCE WESTERLY ALONG A CURVE CONCAVE TO THE
SOUTHWEST AND HAVING A RADIUS OF 1300.00 FEET, AND TANGENT TO THE LAST
MENTIONED COURSE, A DISTANCE OF 394.04 FEET; THENCE NORTH 83 DEGREES 13' WEST,
TANGENT TO SAID CURVE, 646.66 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE WESTERLY ALONG A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF
700.00 FEET, AND TANGENT TO THE LAST MENTIONED COURSE, A. DISTANCE OF 2.34 FEET TO
A POINT IN A LINE PARALLEL WITH THE SAID CENTER LINE OF THE SANTA ANA RIVER, AND
250.00 FEET DISTANT EAST THEREFROM, MEASURED AT RIGHT ANGLES THERETO, A RADIAL
LINE FROM SAID POINT BEARS NORTH 6 DEGREES 53'29" EAST; THENCE NORTHERLY,
NORTHWESTERLY AND SOUTHWESTERLY, PARALLEL WITH THE SAID CENTER LINE OF THE
SANTA ANA RIVER, AND 250.00 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES
THERETO, THE FOLLOWING COURSES AND DISTANCES: NORTH 1 DEGREE 38'25" EAST
1141.77 FEET; NORTH 13 DEGREES 35',10" WEST 729.87 FEET; NORTH 27 DEGREES 46' WEST
4110.76 FEET; NORTH 45 DEGREES 20'29" WEST 482.58 FEET; SOUTH 74 DEGREES 07' WEST
449.53 FEET; SOUTH 51 DEGREES 48' WEST 237.37 FEET; SOUTH 20 DEGREES 06,15" WEST
319.00 FEET TO A POINT IN A LINE PARALLEL WITH THE NORTHWESTERLY LINE OF TRACT
NO. 772. AS SHOWN ON A MAP RECORDED IN BOOK 23, PAGES 5 AND 6 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND 250 FEET DISTANT WEST
THEREFROM, MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTHWESTERLY AND
WESTERLY, PARALLEL WITH THE NORTHWESTERLY AND NORTHERLY LINE OF SAID TRACT NO.
772. AND 250.00 FEET DISTANT WESTERLY AND NORTHWESTERLY THEREFROM, MEASURED
AT RIGHT ANGLES THERETO, THE FOLLOWING COURSES AND DISTANCES: SOUTH 29
DEGREES O6' WEST 253.16 FEET; SOUTH 42 DEGREES OG WEST 131.37 FEET; SOUTH 72
DEGREES 45' WEST 153.65 FEET; NORTH 88 DEGREES 25' WEST 16.5.1 FEET TO A POINT IN A
LINE PARALLEL WITH THE SAID CENTER LINE OF THE SANTA ANA RIVER AND 2511.110 FEET
DISTANT NORTHERLY THEREFROM, MEASURED AT RIGHT ANGLES THERETO; THENCE
WESTERLY, PARALLEL WITH THE SAID CENTER LINE OF THE SANTA ANA RIVER AND 250.00
FEET DISTANT NORTHERLY THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE
FOLLOWING COURSES AND DISTANCES: NORTH 66 DEGREES 42'20" WEST 620.94 FEET;
NORTH 79 DEGREES 02' WEST 501.69 FEET TO A POINT IN A LINE PARALLEL WITH THE
NORTHERLY LINE OF BLOCK C, EL MORO TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 8,
PAGE 75 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND 250.00
FEET DISTANT NORTHERLY THEREFROM, MEASURED AT RIGHT ANGLES THERETO; THENCE
WESTERLY, PARALLEL WITH THE SAID NORTHERLY LINE OF BLOCK C, EL MORO TRACT, AND
250.00 FEET DISTANT NORTHERLY THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE
FOLLOWING COURSES AND DISTANCES: NORTH 60 DEGREES 52'34" WEST 120.39 FEET;
NORTH 64 DEGREES 06' 50" WEST 216.59 FEET TO A POINT IN THE EASTERLY LINE OF THE
EASEMENT FOR THE PURPOSE OF MAINTAINING A RIVER CHANNEL OVER A STRIP OF LAND
EXHIBIT A
Legal Description
3110 FEET WIDE, IN FAVOR OF NEWBERT PROTECTION DISTRICT, AS DESCRIBED IN THE
INTERLOCUTORY DECREE OF PARTITION DATED JULY 19. 1729, A CERTIFIED COPY OF WHICH WAS
RECORDED JULY 19,1929 IN BOOK 297, PAGE 76 OF OFFICIAL RECORDS, ORANGE
COUNTY, SAID POINT BEING THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 1,
ARTICLE II; THENCE SOUTH 13 DEGREES 25' WEST ALONG SAID EASTERLY LINE OF THE RIVER
CHANNEL, 256.04 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 1, ARTICLE
II; THENCE NORTH 64 DEGREES 06'50" WEST ALONG THE NORTHERLY LINE OF SAID BLOCK C
OF EL MORO TRACT, 16.02 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF
THE 100 -FOOT RIGHT OF WAY OF CALIFORNIA STATE HIGHWAY; THENCE NORTH 54 DEGREES
02' WEST ALONG SAID HIGHWAY RIGHT OF WAY LINE, 145.48 FEET TO THE CENTER LINE OF
SAID 300 -FOOT RIVER CHANNEL EASEMENT; THENCE NORTH 13 DEGREES 25' EAST ALONG
SAID CENTER LINE, 390.57 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED
DATED DECEMBER 30, 1929 FROM JOSEPH BANNING JR. AND OTHERS, TO JAMES H. MACKLIN,
RECORDED JANUARY 29, 1930 IN BOOK 356, PAGE 31 OF OFFICIAL RECORDS, ORANGE
COUNTY; THENCE NORTH 74 DEGREES 17' WEST 289.47 FEET TO A POINT IN THE SOUTHERLY
EXTENSION OF THE WESTERLY BOUNDARY LINE OF SAID RANCHO SANTIAGO DE SANTA ANA,
WHICH POINT IS ALSO THE NORTHWEST CORNER OF SAID LAND DESCRIBED IN SAID DEED
RECORDED IN BOOK 356, PAGE 31 OF OFFICIAL RECORDS, ORANGE COUNTY; THENCE NORTH
15 DEGREES 43' EAST ALONG THE SAID SOUTHERLY EXTENSION OF THE WESTERLY
BOUNDARY LINE OF RANCHO SANTIAGO DE SANTA ANA, 119.00 FEET TO THE POINT OF
BEGINNING.
EXCEPT ANY PORTION OR PORTIONS OF SAID ABOVE DESCRIBED LAND WHICH IS OR ARE
NOT INCLUDED EITHER WITHIN THE EXTERIOR BOUNDARIES OF THE RANCHO SANTIAGO DE
SANTA ANA, OR WITHIN THE EXTERIOR BOUNDARY LINES OF GOVERNMENT LOT 1, SECTION
19; GOVERNMENT LOT 1, SECTION 20; AND GOVERNMENT LOT 1, SECTION 29, ALL IN
TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN.
ALSO EXCEPTING THEREFROM, THAT PORTION OF SAID LAND INCLUDED WITHIN A STRIP OF
LAND 180 FEET WIDE, DESCRIBED AS PARCEL D3 -122.1 IN THE FINAL ORDER OF
CONDEMNATION RENDERED JANUARY 26, 1962 IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, IN THE ACTION ENTITLED "ORANGE
COUNTY FLOOD CONTROL DISTRICT VS. CITY OF NEWPORT BEACH AND OTHERS" (CASE NO
77399), A CERTIFIED COPY OF WHICH DECREE RECORDED JANUARY 20, 1962, BOOK 5993,
PAGE 441, OFFICIAL RECORDS, ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS PARCELS 100, 103,106 AND
108 IN THE NOTICE OF LIS PENDENS, UNITED STATES DISTRICT COURT FOR THE CENTRAL
DISTRICT OF CALIFORNIA CASE NO. CV 91- 3991 -I1-1, A CERTIFIED OF WHICH WAS RECORDED
AUGUST 23, 1991 AS INSTRUMENT NO. 91- 455338 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY, WHICH INCLUDES A DECLARATION OF TAKING.
ALSO EXCEPTING THEREFROM, THE TITLE AND EXCLUSIVE RIGHT TO ALL OF THE MINERALS,
INCLUDING, BUT NOT LIMITED TO, ALL PETROLEUM, OIL, NATURAL GAS AND OTHER
HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, IN OR UNDER, OR
PRODUCIBLE FROM SAID LAND AT ANY DEPTH OR DEPTHS 6200 FEET OR MORE BELOW THE
SURFACE OF SAID LAND, TOGETHER WITH THE FREE AND UNLIMITED RIGHT TO MINE, DRILL,
BORE, OPERATE AND REMOVE FROM BENEATH THE SURFACE OF SAID LAND, AT ANY LEVEL OR
LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, FOR THE PURPOSE OF
DEVELOPMENT OR REMOVAL OF SAID RESERVED SUBSTANCES, AS RESERVED IN THE DEED
AND AGREEMENT FROM HANCOCK BANNING JR. AND OTHERS, RECORDED DECEMBER 27, 1961
IN BOOK 5957, PAGE 665 OF OFFICIAL RECORDS, ORANGE COUNTY, SUBJECT TO CERTAIN
LIMITATIONS AND CONTINGENCIES CONTAINED IN SAID DEED.
Jt\Ciyg1c!
A STRIP OF LAND 250 FEET WIDE, DESCRIBED AS FOLLOWS'
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF BLOCK C OF EL
MORO TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 75 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND THE EASTERLY LINE OF THE
EASEMENT FOR THE PURPOSE OF MAINTAINING A RIVER. CHANNEL OVER A STRIP OF LAND
300 FEET WIDE, IN FAVOR OF NEWBERT PROTECTION DISTRICT, AS DESCRIBED IN THE
INTERLOCUTORY DECREE OF PARTITION DATED JULY 19, 1929, A CERTIFIED COpy OF WHICH
EXHIBIT A
Legal Description
WAS RECORDED JULY 19, 1929 IN BOOK 297, PAGE 76 OF OFFICIAL RECORDS; THENCE SOUTH
64 DEGREES 06'50" EAST, ALONG THE NORTHERLY LINE OF SAID EL MORO TRACT, 154.24
FEET; THENCE CONTINUING ALONG THE LAST MENTIONED NORTHERLY LINE, SOUTH 60
DEGREES 52'34" EAST 151.04 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SUMMIT
STREET, 30.00 FEET IN WIDTH, AS SHOWN ON THE MAP OF SAID EL MORO TRACT, SAID
POINT BEING IN THE CENTER LINE OF THE SANTA ANA RIVER, AS SHOWN ON A MAP FILED IN
AND ANNEXED TO THE COMPLAINT IN CASE OF J. B. BANNING JR. VS. SMITH AND OTHERS,
CASE NO. 22797 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR
ORANGE COUNTY, A COPY OF THE JUDGMENT OF SAID CASE NO. 22797 HAVING BEEN
RECORDED JULY 19, 19291N BOOK 297, PAGE 76 OF OFFICIAL RECORDS, ORANGE COUNTY;
THENCE SOUTH 78 DEGREES 02' EAST ALONG THE SAID CENTER LINE OF THE SANTA ANA
RIVER, 517.61 FEET; THENCE CONTINUING ALONG THE SAID CENTER LINE OF THE SANTA ANA
RIVER, SOUTH 66 DEGREES 42' 20" EAST 644.09 FEET TO A POINT IN THE NORTHERLY LINE
OF TRACT NO. 772, AS SHOWN ON A MAP RECORDED IN BOOK 23, PAGES 5 AND OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY AND
NORTHEASTERLY ALONG THE NORTHERLY AND NORTHWESTERLY LINE OF SAID TRACT
NO.772, THE FOLLOWING COURSES AND DISTANCES: SOUTH 88 DEGREES 25' EAST 105.91
FEET; NORTH 72 DEGREES 45' EAST 268.62 FEET; NORTH 42 DEGREES 06' EAST 228.36 FEET;
NORTH 29 DEGREES 06' EAST 306.31 FEET TO A POINT IN THE SAID CENTER LINE OF THE
SANTA ANA RIVER; THENCE ALONG THE SAID CENTER LINE OF THE SANTA ANA RIVER, THE
FOLLOWING COURSES AND DISTANCES: NORTH 20 DEGREES 06'15" EAST 267.71 FEET;
NORTH 51 DEGREES 48' EAST 117.09 FEET; NORTH 74 DEGREES 07' EAST 254.30 FEET; SOUTH
45 DEGREES 20'28" EAST 298.02 FEET;. SOUTH 27 DEGREES 46' EAST 331.04 FEET; SOUTH 13
DEGREES 3640" EAST 665.36 FEET; SOUTH 1 DEGREE 38'25" WEST 1205.19 FEET; SOUTH 10
DEGREES 47'30" EAST 116.85 FEET TO A POINT IN THE NORTHERLY LINE OF THE 100 -FOOT
RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN DEED RECORDED
APRIL 20,1936 IN BOOK 822, PAGE 48 OF OFFICIAL RECORDS, ORANGE COUNTY, A RADIAL
LINE FROM SAID POINT BEARS NORTH 19 DEGREES 20'43" EAST; THENCE ALONG THE
NORTHERLY AND NORTHEASTERLY LINE OF SAID CALIFORNIA STATE HIGHWAY, THE
FOLLOWING COURSES AND DISTANCES: EASTERLY ALONG A CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 950.00 FEET, A DISTANCE OF 209.67 FEET; SOUTH 83
DEGREES 18' EAST, TANGENT TO SAID CURVE, 646.66 FEET TO THE BEGINNING OF A CURVE
TO THE RIGHT, SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST AND
HAVING A RADIUS OF 1050.00 FEET, AND TANGENT TO THE LAST MENTIONED COURSE, A
DISTANCE OF 318.26 FEET; SOUTH 65 DEGREES 56' EAST, TANGENT TO SAID CURVE, 667.15
FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, SOUTHEASTERLY ALONG A CURVE
CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1050.00 FEET, AND TANGENT TO
THE LAST MENTIONED COURSE, A DISTANCE OF 216.09 FEET; SOUTH 54 DEGREES 08,30"
EAST 387.05 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, SOUTHEASTERLY ALONG A
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 950.00 FEET, AND TANGENT TO
THE LAST MENTIONED COURSE, A DISTANCE OF 264.46 FEET; SOUTH 70 DEGREES OS' 30"
EAST, TANGENT TO SAID CURVE, 527.80 FEET TO THE SOUTHEASTERLY BOUNDARY LINE OF
LOT D OF THE BANNING TRACT, AS SHOWN ON THE MAP ATIACHED TO THE REPORT OF THE
REFEREES FILED APRIL 14, 1980 IN CASE NO. 6385 IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, CALIFORNIA; THENCE LEAVING
SAID CALIFORNIA STATE HIGHWAY, NORTH 39 DEGREES 43' 45" EAST, ALONG THE
SOUTHEASTERLY BOUNDARY LINE OF SAID LOT D OF BANNING TRACT, 265.74 FEET TO A
POINT, BEING 250.00 FEET NORTH, MEASURED AT RIGHT ANGLES FROM THE
NORTHEASTERLY LINE OF SAID 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE
HIGHWAY; THENCE NORTH 70 DEGREES OS' 3D" WEST, PARALLEL WITH THE NORTHEASTERLY
LINE OF SAID STATE HIGHWAY, 49.03 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF
THAT CERTAIN 2.7827 -ACRE PARCEL OF LAND AS DESCRIBED IN DEED FROM FARMERS AND
MERCHANTS NATIONAL BANK OF LOS ANGELES, TRUSTEE FOR ANNE 0. BANNING AND
OTHERS, TO A.E.S. CHAFFEY AND OTHERS, RECORDED. MARCH 14, 1958 IN BOOK 4228, PAGE
191 OF OFFICIAL RECORDS, ORANGE COUNTY, A RADIAL LINE FROM SAID POINT BEARS
NORTH 26 DEGREES 10'42" WEST: THENCE ALONG THE BOUNDARY LINE OF THE LAST
MENTIONED PARCEL OF LAND, THE FOLLOWING COURSES AND DISTANCES: SOUTHWESTERLY
ALONG A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 373.48 FEET, A
DISTANCE OF 176.40 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL OF LAND,
NORTH 5 DEGREES 44'28" WEST 104.32 FEET TO A POINT IN A LINE PARALLEL WITH THE
NORTHEASTERLY LINE OF SAID STATE HIGHWAY, AND 250.00 FEET DISTANT THEREFROM,
MEASURED AT RIGHT ANGLES THERETO; THENCE NORTHWESTERLY, PARALLEL WITH THE
EXHIBIT A
Legal Description
SAID NORTHEASTERLY AND NORTHERLY LINE OF SAID STATE HIGHWAY, AND 250 FEET
DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING COURSES
AND DISTANCES: NORTH 70 DEGREES OS' 3 -" WEST 376.41 FEET TO THE BEGINNING OF A
CURVE TO THE RIGHT, NORTHWESTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST AND
HAVING A RADIUS OF 700.00 FEET, AND TANGENT TO THE LAST MENTIONED COURSE, A
DISTANCE OF 194.87 FEET; NORTH 54 DEGREES 08' 3D" WEST, TANGENT TO SAID CURVE,
387.05 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, NORTHWESTERLY ALONG A
CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1300.00 FEET, AND
TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 267.55 FEET; NORTH 65
DEGREES 56' WEST, TANGENT TO THE SAID CURVE, 667.15 FEET TO THE BEGINNING OF A
CURVE TO THE LEFT, WESTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST AND HAVING
A RADIUS OF 1300.00 FEET, AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE
OF 394.04 FEET; THENCE NORTH 83 DEGREES 18' WEST, TANGENT TO SAID CURVE, 646.66
FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, WESTERLY ALONG A CURVE CONCAVE
TO THE NORTH AND HAVING A RADIUS OF 700.00 FEET, AND TANGENT TO THE LAST
MENTIONED COURSE, A DISTANCE OF 2.34 FEET TO A POINT IN A LINE PARALLEL WITH THE
SAID CENTER LINE OF THE SANTA ANA RIVER, AND 250.00 FEET DISTANT THEREFROM, .
MEASURED AT RIGHT ANGLES THERETO, A RADIAL LINE FROM SAID POINT BEARS NORTH 6
DEGREES 53'29" EAST; THENCE NORTHERLY, NORTHWESTERLY AND SOUTHWESTERLY,
PARALLEL WITH THE SAID CENTER LINE OF THE SANTA ANA RIVER, AND 250.00 FEET
DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING COURSES
AND DISTANCES: NORTH 1 DEGREE 38'25" EAST 1144.77 FEET; NORTH 13 DEGREES 35,40"
WEST 729.87 FEET; NORTH 27 DEGREES 46' WEST 400.76 FEET; NORTH 45 DEGREES 20,28"
WEST 482.58 FEET; SOUTH 74 DEGREES 07' WEST 449.53 FEET; SOUTH 51 DEGREES 48' WEST
237.37 FEET; SOUTH 20 DEGREES 06'15" WEST 319.00 FEET TO A POINT IN A LINE PARALLEL
WITH THE SAID NORTHWESTERLY LINE OF TRACT NO. 772, AND 250 FEET DISTANT
THEREFROM, MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTHWESTERLY AND
WESTERLY, PARALLEL WITH NORTHWESTERLY AND NORTHERLY LINE OF SAID TRACT NO.
772, AND 250.00 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE
FOLLOWING COURSES AND DISTANCES: SOUTH 29 DEGREES 06 WEST 258.16 FEET; SOUTH 42
DEGREES O6' WEST 131.37 FEET; SOUTH 72 DEGREES 45' WEST 158.65 FEET; NORTH 88
DEGREES 25' WEST 16.51 FEET TO A POINT IN A LINE PARALLEL WITH THE SAID CENTER LINE
OF THE SANTA ANA RIVER, . AND 250.00 FEET DISTANT THEREFROM, MEASURED AT RIGHT
ANGLES THERETO; THENCE WESTERLY, PARALLEL WITH THE SAID CENTER LINE OF THE
SANTA ANA RIVER, AND 250.00 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO,
THE FOLLOWING COURSES AND DISTANCES: NORTH 66 DEGREES 42'20" WEST
620.94 FEET; NORTH 78 DEGREES 02' WEST 504.69 FEET TO A POINT IN A LINE PARALLEL
WITH THE SAID NORTHERLY LINE OF BLOCK C. EL MORO TRACT, AND 250.00 FEET DISTANT
THEREFROM, MEASURED AT RIGHT ANGLES THERETO; THENCE WESTERLY, PARALLEL WITH
THE SAID NORTHERLY LINE OF BLOCK C, EL MORa TRACT, AND 250.00 FEET DISTANT
THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING COURSES AND
DISTANCES: NORTH 60 DEGREES 52'34" WEST 120.39 FEET, AND NORTH 64 DEGREES 06,50"
WEST 216.59 FEET TO A POINT IN THE EASTERLY LINE OF SAID EASEMENT 300.00 FEET
WIDE, FOR PURPOSE OF MAINTAINING THE SANTA ANA RIVER CHANNEL; THENCE SOUTH 13
DEGREES 25' WEST ALONG SAID EASTERLY LINE OF THE RIVER CHANNEL, 256.04 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING GENERALLY SOUTHERLY OF THE
AGREED BOUNDARY LINE DESCRIBED IN EXHIBIT "E" ATTACHED TO THAT CERTAIN
SETTLEMENT AND BOUNDARY LINE AGREEMENT, STATE AND CITY DEEDS AND CORPORATION
DEED REGARDING CERTAIN LANDS IN THE COUNTY OF ORANGE, CALIFORNIA, BLA. NO. 260
RECORDED AUGUST 30, 1989 AS INSTRUMENT NO. 89- 466419 OF SAID OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM, THE PORTION OR PORTIONS OF SAID LAND WHICH IS OR ARE
NOT INCLUDED EITHER WITHIN THE EXTERIOR BOUNDARIES OF THE RANCHO SANTIAGO. DE
SANTA ANA, THE PATENT FOR WHICH WAS RECORDED JUNE 28, 1884 IN BOOK 3, PAGE 387
OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND AS ESTABLISHED BY
SAID HEREINABOVE DESCRIBED SETTLEMENT AND BOUNDARY LINE AGREEMENT, OR WITHIN
THE EXTERIOR BOUNDARIES OF LOT 1 OF SECTION 19, TOWNSHIP 6 SOUTH, RANGE 10
WEST; LOT 1 OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 10 WEST; AND LOT 1 OF SECTION
29, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, THE
PATENT FOR WHICH LOTS WAS RECORDED APRIL 19, 1893 IN BOOK 1, PAGE 66 OF PATENTS,
EXHIBIT A
Legal Description
RECORDS OF ORANGE COUNTY, CALIFORNIA, OR WITHIN ACCRETIONS OF SAID RANCHO OR
SAID LOTS.
ALSO EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN THE PARCEL OF LAND
DESCRIBED AS PARCEL D3 -122.1 IN THE= FINAL ORDER OF CONDEMNATION RENDERED
JANUARY 26, 1962 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE
COUNTY OF ORANGE, IN THE ACTION ENTITLED "ORANGE COUNTY FLOOD CONTROL
DISTRICT VS. CITY OF NEWPORT BEACH AND OTHERS' (CASE NO. 77399), A CERTIFIED COPY
OF WHICH FINAL ORDER WAS RECORDED JANUARY 30, 1962 IN BOOK 5993, PAGE 449 OF
OFFICIAL RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, THE PORTION INCLUDED WITHIN THE LAND DESCRIBED IN
DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 14, 1966 IN BOOK 7839, PAGE 739
OF OFFICIAL RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCEL 73170 -1 IN THAT
CERTAIN FINAL DECREE OF CONDEMNATION, SUPERIOR COURT CASE NO. 667539, A
CERTIFIED COPY OF WHICH WAS RECORDED JANUARY 14, 1994 AS INSTRUMENT NO. 94-
0032786 OF SAID OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS PARCELS 100, 103.106 AND
108 IN THE NOTICE OF LIS PENDENS, UNITED STATES DISTRICT COURT FOR THE CENTRAL
DISTRICT OF CALIFORNIA CASE NO. CV 91- 3991 -IH, A CERTIFIED OF WHICH WAS RECORDED
AUGUST 23, 1991 AS INSTRUMENT NO. 91- 455338 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY, WHICH INCLUDES A DECLARATION OF TAKING.
ALSO EXCEPTING THEREFROM, AN UNDIVIDED 30% INTEREST IN AND TO THE IDLE AND
EXCLUSIVE RIGHT TO ALL OF THE MINERALS, INCLUDING, BUT NOT LIMITED TO, ALL
PETROLEUM, OIL, NATURAL GAS, AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS
DERIVED FROM SAID LAND LOCATED BELOW A DEPTH OF 6200 FEET, BUT WITHOUT THE
RIGHT TO USE THE SURFACE OF SAID LAND DOWN TO A DEPTH OF 500 FEET, AS RESERVED
IN THE DEED FROM HANCOCK BANNING JR. AND OTHERS, DATED AUGUST 1, 1958, RECORDED
AUGUST 29, 1958 IN BOOK 4400, PAGE 532 OF OFFICIAL RECORDS, ORANGE COUNTY, AND
RE- RECORDED OCTOBER 6, 1958 IN BOOK 4437, PAGE 228 OF OFFICIAL RECORDS, ORANGE
COUNTY, AS AMENDED BY THE DEED DATED NOVEMBER 29, 1961 FROM HANCOCK BANNING
JR. AND OTHERS, RECORDED DECEMBER 27, 1961 IN BOOK 5957, PAGE 665 OF OFFICIAL
RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, AN UNDIVIDED 70% INTEREST IN AND TO THE TITLE AND
EXCLUSIVE RIGHT TO ALL OF THE MINERALS, INCLUDING, BUT NOT LIMITED TO, ALL
PETROLEUM, OIL, NATURAL GAS, AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS
DERIVED THEREFROM, IN OR UNDER, OR PRODUCIBLE FROM SAID LAND AT ANY DEPTH OR
DEPTHS 6200 FEET OR MORE BELOW THE SURFACE OF SAID LAND, TOGETHER WITH THE
FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE AND REMOVE FROM BENEATH
THE SURFACE OF SAID LAND, AT ANY LEVEL OR LEVELS 500 FEET OR MORE BELOW THE
SURFACE OF SAID LAND, FOR THE PURPOSE OF DEVELOPMENT OR REMOVAL OF SAID
RESERVED SUBSTANCES, AS RESERVED IN THE DEED AND AGREEMENT FROM HANCOCK
BANNING JR. AND OTHERS, RECORDED DECEMBER 27, 1961 IN BOOK 5957, PAGE 665 OF
OFFICIAL RECORDS, ORANGE COUNTY, SUBJECT TO CERTAIN LIMITATIONS AND
CONTINGENCIES CONTAINED IN SAID DEED.
7\391011c,
THOSE PORTIONS OF LOTS C AND D OF THE BANNING TRACT; AS SHOWN ON THE MAP
ATIACHED TO THE REPORT OF THE REFEREES FILED APRIL 14, 1890 IN CASE NO. 6385 IN THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES,
BEING ALSO .A PORTION OF LOT 1 OF 1RACT NO. 463, AS SHOWN ON A MAP RECORDED IN
BOOK 32, PAGES 2 AND 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, AND A PORTION OF TRACT NO. 2250, AS SHOWN ON A MAP RECORDED IN BOOK
104, PAGES 6 AND 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS A WHOLE AS FOLLOWS:
EXHIBIT A
Leal Description
BEGINNING AT THE MOST EASTERLY CORNER OF TRACT NO. is, AS SHOWN ON A MAP
RECORDED IN BOOK 9, PAGE 19 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, WHICH CORNER IS IN THE CENTER LINE OF SUPERIOR AVENUE, FORMERLY
NEWPORT AVENUE, AS SAID NEWPORT AVENUE IS SHOWN ON SAID MAP OF TRACT NO. 15,
AND ALSO IN THE SOUTHEASTERLY LINE OF SAID LOT DIN THE BANNING TRACT; THENCE
NORTH 29 DEGREES 24' 45' WEST ALONG THE NORTHEASTERLY LINE OF SAID TRACT NO. is.
AND ALONG THE SOUTHWESTERLY LINE OF FIRST ADDITION TO NEWPORT MESA TRACT, AS
SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 61 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, 3691.50 FEET TO A POINT IN THE EASTERLY LINE OF
WHITTIER AVENUE, 60 FEET IN WIDTH, AS SHOWN ON SAID MAP OF FIRST ADDITION TO
NEWPORT MESA TRACT; THENCE SOUTH 0 DEGREES 36'01" EAST ALONG THE SOUTHERLY
PROLONGATION OF THE SAID EASTERLY LINE OF WHITTIER AVENUE, SAID PROLONGATION
BEING THE EASTERLY LINE OF PARCEL 1 AS DESCRIBED IN DEED EXECUTED BY HANCOCK
BANNING JR. AND OTHERS, DATED AUGUST 1, 19S8, RECORDED AUGUST 29, 19581N BOOK
4400, PAGE 532 OF OFFICIAL RECORDS, ORANGE COUNTY, AND RE- RECORDED OCTOBER 6,
1958 IN BOOK 4437, PAGE 228 OF OFFICIAL RECORDS, ORANGE COUNTY, 3465.51 FEET, MORE
OR LESS, TO AN INTERSECTION WITH A LINE ON A CURVE CONCAVE TO THE SOUTHWEST, 250.00 FEET
NORTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF THE
100-FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN DEED
RECORDED APRIL 20, 1936 IN BOOK 822, PAGE 48 OF OFFICIAL RECORDS, ORANGE COUNTY,
A RADIAL LINE FROM SAID POINT OF INTERSECTION BEARS SOUTH 33 DEGREES 40'54"
WEST; THENCE SOUTHEASTERLY, PARALLEL WITH THE NORTHEASTERLY LINE OF SAID STATE
HIGHWAY, AND 250,00 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO,
THE FOLLOWING COURSES AND DISTANCES: THENCE SOUTHEASTERLY ALONG A CURVE
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1300.00 FEET, 49.39 FEET; THENCE
SOUTH 54 DEGREES 08' 30" EAST, TANGENT TO SAID CURVE, 387.05 FEET TO BEGINNING OF
CURVE TO THE LEFT; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 700.00 FEET, AND TANGENT TO THE LAST MENTIONED
COURSE, 194.87 FEET; THENCE SOUTH 70 DEGREES OS' 30" EAST, TANGENT TO SAID CURVE,
376.41 FEET TO A POINT IN THE WESTERLY LINE OF THAT CERTAIN 2.7827 -ACRE PARCEL OF
LAND AS DESCRIBED IN DEED FROM THE FARMERS AND MERCHANTS NATIONAL BANK OF LOS
ANGELES, TRUSTEE FOR ANNE O. BANNING AND OTHERS, TO A. E. S. CHAFFEY AND OTHERS,
RECORDED MARCH 14, 1958IN BOOK 4228, PAGE 191 OF OFFICIAL RECORDS, ORANGE
COUNTY; THENCE ALONG THE WESTERLY, NORTHERLY AND NORTHEASTERLY BOUNDARY LINE
OF SAID 2.7827 -ACRE PARCEL, THE FOLLOWING COURSES AND DISTANCES: NORTH 5
DEGREES 44'28" WEST 160.43 FEET TO THE MOST WESTERLY CORNER OF SAID 2.7827 -ACRE
PARCEL, FROM WHICH A RADIAL LINE BEARS NORTH 20 DEGREES 20'15" WEST; THENCE
NORTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
450.00 FEET, 235.10 FEET; THENCE NORTH 39 DEGREES 43'45" EAST, TANGENT TO THE LAST
MENTIONED CURVE, 75.42 FEET TO THE MOST NORTHERLY CORNER OF SAID 2.7827 -ACRE
PARCEL, FROM WHICH A RADIAL LINE BEARS SOUTH 29 DEGREES 3D'33" WEST; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF
730.00 FEET, A DISTANCE OF 130.21 FEET; THENCE SOUTH 50 DEGREES 16' 15" EAST,
TANGENT TO THE LAST MENTIONED CURVE, 122.00 FEET TO A POINT IN THE
NORTHWESTERLY LINE OF SUPERIOR AVENUE, 60 FEET IN WIDTH, FORMERLY NEWPORT
AVENUE, AS SAID NEWPORT AVENUE IS SHOWN ON SAID MAP OF TRACT NO. 15, WHICH
POINT BEARS NORTH 39 DEGREES 43'45" EAST 35.24 FEET FROM THE MOST EASTERLY
CORNER OF LOT 1 IN BLOCK 1 OF SAID TRACT NO. 15; THENCE SOUTH 50 DEGREES 16,15"
EAST 30.00 FEET TO THE CENTER LINE OF SAID SUPERIOR AVENUE; THENCE ALONG THE
CENTER LINE OF SAID SUPERIOR AVENUE, NORTH 39 DEGREES 43' 45" EAST 705.55 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN THE FOLLOWING DESCRIBED
LAND: THAT PORTION OF BLOCK COF THE BANNING TRACT, AS SHOWN ON A MAP ATTACHED
TO THE REPORT OF THE REFEREES FILED APRIL 14, 1890 IN CASE NO. 6385 IN THE SUPERIOR
COURT OF THE STATE OF CALIFORNIA; IN AND FOR THE COUNTY OF LOS ANGELES, AND THAT
PORTION OF LOTS 1111 AND 1112 AND PORTION OF SIXTEENTH STREET AND WHITTIER
AVENUE ADJOINING, AS SHOWN ON THE MAP OF NEWPORT MESA TRACT RECORDED IN BOOK
5, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SAID SIXTEENTH STREET WITH
10
EXHIBIT A
Legal Description
THE SOUTHWESTERLY BOUNDARY LINE OF FIRST ADDITION TO NEWPORT MESA TRACT, AS
SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 61 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA: THENCE SOUTH 89 DEGREES 21'50" WEST 16.50 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF
500.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 28 DEGREES
48' 33 ", A DISTANCE OF 251.41 FEET 1'0 A LINE TANGENT; THENCE SOUTH 60 DEGREES 33'
17" WEST ALONG SAID LINE TANGENT, A DISTANCE OF 404.60 FEET; THENCE NORTH 29
DEGREES 26'43" WEST 804.50 FEET; THENCE NORTH 60 DEGREES 33'17" EAST 300.00 FEET; THENCE
SOUTH 88 DEGREES 48' 2(i' EAST 316.57 FEET TO A POINT IN A CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE FROM SAID POINT
BEARS NORTH 89 DEGREES 21'50" EAST; THENCE NORTHERLY ALONG SAID CURVE, THROUGH
AN ANGLE OF 44 DEGREES 24'55". A DISTANCE OF 38.76 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 44 DEGREES 24'55". A DISTANCE
OF 69.77 FEET TO A LINE TANGENT; THENCE NORTH 0 DEGREES 38' 10" WEST ALONG SAID
LINE TANGENT, A DISTANCE OF 11.11 FEET TO THE SAID SOUTHWESTERLY BOUNDARY LINE
OF FIRST ADDITION TO NEWPORT MESA TRACT; THENCE SOUTH 29 DEGREES 2(i 43" EAST
ALONG SAID SOUTHWESTERLY BOUNDARY LINE, A DISTANCE OF 789.32 FEET TO THE POINT
OF BEGINNING.
ALSO EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN THE FOLLOWING: THAT
PORTION OF LOT I AND ALL OF LOT 2 OF TRACT NO. 463 AS SHOWN ON A MAP RECORDED IN
BOOK 32. PAGES 2 AND 3 OF MISCELLANEOUS. MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF FIFTEENTH STREET WITH THE
CENTER LINE OF MONROVIA AVENUE, AS SHOWN ON A MAP RECORDED IN BOOK 65, PAGES
31 THROUGH 36 INCLUSIVE OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 0 DEGREES 37,24" EAST,
ALONG THE CENTER LINE OF SAID MONROVIA AVENUE, 440.93 FEET TO THE NORTHEASTERLY
LINE OF SAID TRACT NO. 463; THENCE NORTH 29 DEGREES 26'43" WEST ALONG SAID
NORTHEASTERLY LINE, 272.61 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE SOUTH 29 DEGREES 26'43" EAST ALONG SAID NORTHEASTERLY LINE,
1288:13 FEET TO THE CENTER LINE OF SUPERIOR AVENUE; THENCE SOUTH 39 DEGREES 41'
15" WEST, ALONG SAID CENTER LINE OF SUPERIOR AVENUE, 705.55 FEET; THENCE NORTH 50
DEGREES 18'45" WEST, ALONG THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN A
DEED TO A. E. S. CHAFFEY AND OTHERS, RECORDED IN BOOK 4228, PAGE 191 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY; AND THE SOUTHEASTERLY PROLONGATION THEREOF,
152.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 730.00 FEET; THENCE NORTHWESTERLY 130.21 FEET ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 10 DEGREES 13' 12" TO A POINT IN THE
NORTHEASTERLY LINE OF PARCEL I, AS DESCRIBED IN A DEED RECORDED IN BOOK 7839,
PAGE 739 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG SAID
NORTHEASTERLY LINE, NORTH 63 DEGREES 11' 16" WEST 1160.70 FEET TO A POINT IN A LINE
PARALLEL WITH AND DISTANT 100.00 FEET EASTERLY, AS MEASURED AT RIGHT ANGLES
FROM THE WESTERLY LINE OF THE LAND DESCRIBED IN ANNEXATION NO. 54 TO THE CITY OF
NEWPORT BEACH, DECEMBER 30. 1963; THENCE ALONG SAID PARALLEL LINE, NORTH 0
DEGREES 38' 10" WEST 734,93 FEET TO A LINE THAT BEARS SOUTH 77 DEGREES 45' 00" WEST
FROM THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID PARALLEL LINE, NORTH 77
DEGREES 45'00" EAST 1110.58 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION.
ALSO EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN
THE DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY I4. 19661N BOOK 7839.
PAGE 739 OF OFFICIAL RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, ANY PORTION INCLUDED WITHIN WHITTIER AVENUE AND
SIXTEENTH STREET, AS SHOWN ON THE MAP OF NEWPORT MESA TRACT RECORDED IN BOOK
5, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED IN THE LAND DESCRIBED IN THE DEED TO THE
CITY OF NEWPORT BEACH, RECORDED JUNE 6, 1995 AS INSTRUMENT NO. 95-
0237652 OF OFFICIAL RECORDS.
11
EXHIBIT A
Legal Description
ALSO EXCEPTING THEREFROM, THE TITLE AND EXCLUSIVE RIGHT TO ALL OF THE MINERALS,
INCLUDING, BUT NOT LIMITED 1.0, ALL PETROLEUM, OIL, NATURAL GAS AND OTHER
HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, IN OR UNDER, OR
PRODUCIBLE FROM SAID LAND, AT ANY DEPTH OR DEPTHS 6200 FEET OR MORE BELOW THE
SURFACE OF SAID LAND, TOGETHER WITH THE FREE AND UNLIMITED RIGHT TO MINE, DRILL,
BORE, OPERATE AND REMOVE FROM BENEATH THE SURFACE OF SAID LAND AT ANY LEVEL OR
LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, FOR THE PURPOSE OF
DEVELOPMENT OR REMOVAL OF SAID RESERVED SUBSTANCES, AS RESERVED IN THE DEED
AND AGREEMENT FROM HANCOCK BANNING JR. AND OTHERS, RECORDED DECEMBER 27, 1961
IN BOOK 5957, PAGE 665 OF OFFICIAL RECORDS, ORANGE COUNTY, SUBJECT TO CERTAIN
LIMITATIONS AND CONTINGENCIES CONTAINED IN SAID DEED.
ALSO EXCEPTING THEREFROM ALL THE MINERALS, INCLUDING WITHOUT LIMITATION ALL
OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER THE HEREINAFTER
DESCRIBED LAND LYING 500 VERTICAL FEET BELOW THE SURFACE OF SAID LAND WAS
QUITCLAIM TO ARMSTRONG PETROLEUM CORPORATION, A CALIFORNIA CORPORATION BY AN
INSTRUMENT RECORDED MAY 5, 1997 AS INSTRUMENT NO. 19970206789 OF OFFICIAL
RECORDS.
APN: 114 - 170 -24, 114 - 170 -43, 114 - 170 -49, 114 - 170 -50, 114 - 170 -52, 114 - 170 -56, 114 - 170 -72,
114 - 170 -73, 114 - 170 -75, 114- 170 -77, 114 - 170 -79, 114 - 170 -83 and 424 - 041 -04
12
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
Note:
The following is a list of acronyms used in the Conditions of Approval for Tentative Tract Map
No. 17308:
• DA — Development Agreement
• FEIR SCH No. 2009031061- Newport Banning Ranch Final Environmental Impact
Report, State Clearinghouse Number 2009031061.
• MM — Mitigation Measure, project specific measures recommended by the FOR and
adopted as part of the approval of the project to reduce potentially significant
environmental effects to a level considered less than significant and stated at the end
Of a condition as a reference between the condition and a mitigation measure
recommended in the FEIR.
• MMRP— Mitigation Monitoring and Reporting Program, the monitoring and reporting
procedures for the Mitigation Measures identified in the FOR and adopted as Bart of
project approval pursuant to Section 21081.6(a)(1) of the California Environmental
Quality Act.
• NBMC — Newport Beach Municipal Code.
• NBR- Newport Banning Ranch.
• OCLAFCO- Orange County Local Agency Formation Commission, the agency
responsible for reviewing and approving proposed jurisdictional boundary changes
• PDF— Project Design Feature, specific design elements proposed by the applicant
that have been incorporated into the project to prevent the occurrence of, or reduce
the significance of, potential environmental effects and stated at the end of a condition
to reference a PDF in the FEIR.
• SC- Standard Condition, a condition of approval based on local, State, or federal
regulations or laws that are frequently required independent of the California
Environmental Quality Act review to offset or prevent specific impacts and stated at the
end of a condition to reference a Standard Condition in the FEIR.
General Conditions
City Council approval of Tentative Tract Map No. 17308 is in conjunction with its
approval of Development Agreement No. DA2008 -003 for the same project (the
"DA "). Pursuant to Sections 2.2 and 2.4 of the DA and the terms used therein that are
defined in Section 1 of the DA, the "Tenn" of the DA becomes effective on the
"Effective Date" of the DA. Tentative Tract Map No. 17308 and the DA comprise
parts of a single integrated action and are not severable from one another.
Accordingly, notwithstanding any other provision set forth in Tentative Tract Map No.
17308 to the contrary, in no event shall the owner, lessee, or other occupant or any
person or entity holding any interest in the subject property acquire any right to
develop or use the subject property as authorized or provided herein unless and until
the Effective Date in the DA occurs and the Term of the DA commences. In the event
the DA is terminated for any reason before the Effective Date of the DA occurs,
including without limitation as a result of the mutual termination of the DA by the
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
Parties thereto, the occurrence of an uncured material default under the DA by either
Party and a termination of the DA by the non - defaulting Party, or the failure of the
Effective Date of the DA to occur prior to the deadline set forth in the DA, as said
deadline may be extended by mutual agreement of the Parties to the DA, then in such
event Tentative Tract Map No. 17308 automatically shall become null and void and of
no further force or effect, without any need or requirement for the City to schedule any
public hearings or take any affirmative action or actions to revoke or rescind the
same.
2. Notwithstanding any provision expressly or impliedly to the contrary, in the event of
any conflict or inconsistency between any of the terms or conditions of Tentative Tract
Map No. 17308 and the DA, the terms and conditions of the DA shall control. In the
event of any conflict or inconsistency between or among the conditions of Tentative
Tract Map No. 17308, the Director of Community Development shall determine the
controlling condition.
3. The applicant shall comply with all applicable provisions of NBMC Chapter 19.40,
General Dedication Requirements.
4. The applicant shall comply with all applicable provisions of NBMC Chapter 15.38, Fair
Share Traffic Contribution Ordinance, pursuant to the requirements of the
Development Agreement.
5. The applicant shall comply with all applicable provisions of NBMC Chapter 15.40,
Traffic Phasing Ordinance (TPO), but not limited to the following conditions:
a. Pursuant to NBMC Section 15.40.030(B)(2), construction of the TPO required traffic
mitigation improvements shall be completed no more than 60 months from the date
of final approval of the Project (as defined in General Condition 8, below). (PDF 4.9-
2)
b. The traffic study as a part of FEIR SCH No. 2009031061 shall be valid for the
duration of the term of the Development Agreement. This approval shall be deemed
exercised by the issuance of a grading permit to construct the proposed project.
6. The applicant shall comply with all applicable provisions of NBMC Chapter 15.42,
Major Thoroughfare and Bridge Fee Program.
7. The applicant shall comply with all applicable provisions of NBMC Chapter 19.44,
General Reservation Requirements, including but not limited to the following
conditions:
a. Subdividers are required to reserve sites, appropriate in area and location, for
the North and Central Community Park including a water quality management
basin, and other public facilities to be offered for dedication to the City including
but not limited to roadways, water and sewer facilities, and storm drains.
Subdividers are required to set aside sites appropriate in area and location for
2
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
the open space preserve, the South Community Park, Bluff Parks, Interpretive
Parks, trails, drainage devices for bluff restoration and protection, water quality
management facilities, storm drains, water and sewer facilities, roadways, and
other public facilities consistent with the NBR Planned Community Development
Plan, NBR Master Development Plan, and the MMRP. The requirement is
based on the adopted policies and standards for the above listed uses and
facilities and the required reservations are in accordance with those policies
and standards. (PDF 4.1 -1, 4.1 -2, 4.1 -3, 4.1.4, 4.6 -1, 4.8 -1)
8. Tentative Tract Map No. 17308 shall expire 24 months from the date of approval
pursuant to NBMC Chapter 19.16.010, which date of approval shall be the date of
completion and approval of annexation of the project site to the City of Newport Beach
by OCLAFCO, as set forth in Government Code Section 56658 and summarized in
OCLAFCO's Project Processing Policies and Procedures Manual, unless:
a. A Final Map is recorded; or
b. An extension is otherwise granted by the City for the period of time provided for in
the Development Agreement pursuant to the provisions of California Government
Code 66452.6 (a).
9. The development of the project is subject to compliance with all applicable submittals
approved by the City and all applicable City ordinances, policies, and standards,
subject to modification by these Conditions of Approval.
10. Development of the project shall comply with the requirements of the NBR Planned
Community Development Plan and be in substantial conformance with the approved
NBR Master Development Plan and Tentative Tract Map 17308 dated June 30, 2011,
except as modified by applicable conditions of approval and the DA. (PDF 4.1 -5, 4.7 -1,
4.8 -1, PDF 4.9 -1, PDF 4.9 -3)
11. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to the City's approval of the
Newport Banning Ranch project including, but not limited to, the approval of the
Tentative Tract Map No.17308, NBR Master Development Plan No.MP 2008 -001,
NBR Planned Community Development Plan No. PC 2008 -002, General Plan
Amendment No. GP2008 -008, and /or the City's related California Environmental
Quality Act determinations, the certification of the Final Environmental Impact Report
SCH No.2009031061, and the adoption of a Mitigation Monitoring and Reporting
Program, and /or statement of overriding considerations adopted for the project. This
indemnification shall include, but not be limited to, damages awarded against the City,
3
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
if any, costs of suit, attorneys' fees, and other expenses incurred in connection with
such claim, action, causes of action, suit or proceeding whether incurred by applicant,
City, and /or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand, from time to time, any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
The provisions herein shall not apply to the extent such damage, liability or claim is
caused by the willful misconduct or sole active negligence of the City or the City's
officers, officials, agents, employees, or representatives.
12.The applicant shall comply with all project design features, mitigation measures, and
standard conditions contained within the approved MMRP of FEIR SCH No.
2009031061 for the project.
13.The applicant shall have the sole obligation to fund or arrange funding for the
planning, design, engineering, construction, supervision, inspection and all other
costs associated with site remediation, oil field consolidation, open space and habitat
restoration, construction of the Community Park, Bluff Park, Interpretive Parks, and
Open Space Interpretive Trails and all public infrastructure, as further described in
subsequent conditions of approval, including but not limited to roads, water and sewer
facilities, storm drain, and water quality management facilities including facilities to
treat on -site and off -site flows, to serve residential, resort and commercial
development and the open space preserve as defined within the NBR Master
Development Plan.
14. Within 10 years following the completion of annexation of the project site into the City,
all continuing surface oil operations shall be consolidated into Lots 190, 6,7, and 226
comprising the OF land use district as designated in the NBR Planned Community
Development Plan. (PDF4.5 -1)
15. New development within the project site shall be subject to the same General
Obligation bond tax rate as already applied to other properties within the Newport -
Mesa Unified School District for Measure F (approved in 2005) and Measure A
(approved in 2000) based upon assessed value of the residential and commercial
uses. (SC 4.14 -7)
16. The applicant shall pay to the City upon demand, from time to time, a deposit in an
amount acceptable to the Community Development Director for the preparation of
documentation necessary to reconcile the NBR General Plan Amendment, NBR -
Planned Community Development Plan, the NBR Master Development Plan, and
Tentative Tract Map No. 17308 with the Newport Banning Ranch Coastal Development
Permit. Documentation shall be in a form acceptable to the Director of Community
Development and City Attorney, and said document shall be approved by the City prior
to issuance of the first grading permit for the project.
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
17. All improvements to Lots 194 -196 (North Community Park) and Lots 231 and 232
(Central Community Park) shall be constructed by the applicant and approved by the
City. Completion of these improvements shall be in accordance with the terms and
schedule stated in the Development Agreement.
18. Prior to commencement of construction of the Central Community Park, the applicant
shall seek approval from the Newport Crest Homeowners Association to install a gate
at the terminus of the westerly sidewalk on Ticonderoga to provide pedestrian access
from Newport Crest to a trail connection through the Central Community Park to the
intersection of 15th StreeUBluff Road. Pursuant to approval by the Newport Crest
Homeowners Association, the applicant shall modify or replace the existing fence at
the terminus of Ticonderoga to provide secure pedestrian movement to and from
Newport Crest.
19. Full width improvement of North Bluff Road from the northern boundary of Lot 1 to
191" Street and improvements to 19th Street from North Bluff Road to the easterly
boundary of the project, as determined by the Director of Public Works, shall be
constructed by the applicant and completed pursuant to the terms and schedule
stated in the Development Agreement.
Prior to Final Map Approval
Note: Multiple final Tract reaps may be prepared by the applicant and submitted for
approval by the City. Unless otherwise noted, conditions 20 through 27 apply to the
project area included on the applicable reap.
20. Prior to Final Map approval the applicant shall obtain written verification of the
availability of sufficient water supply from the City Municipal Operations Department
consistent with the requirements of Section 66473.7 (b) of the Subdivision Map Act.
The applicant shall provide a deposit of funds as identified by the Director of the
Municipal Operations Department in an amount sufficient to cover the costs of any
studies required by the Municipal Operations Department as part of the preparation of
the written verification of water availability.
21. Prior to Final Map approval, the applicant shall submit for review by the Director of
Community Development and shall obtain City Attorney approval of Covenants,
Conditions and Restrictions (CC &Rs) prepared by an authorized professional and
which generally provide for the following:
a. Creation of a Master Association, and/or Sub - associations, for the purpose of
providing for control over and maintenance of common area improvements not
otherwise offered for dedication to the City, which include but are not limited to
the following unless otherwise approved by the Director of Public Works:
5
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
Community walls and fencing, slopes, fuel modification zones within the interior
of the tract, the South Community Park, bluff parks and interpretive parks
including all park facilities, maintenance buildings and offices, trails and
pedestrian paths within the bluff parks and interpretive parks, me than and
parkway landscaping and irrigation, pedestrian paseos and greenbelts,
bioswales, common area landscaping, irrigation and sidewalks, exterior lighting,
walls and fencing within the interior of the tract, off - street parking areas, trash
areas and structures, private alleys, slope drains, sewer laterals, water laterals,
private residential park and recreational facilities within the interior of the
project, and reciprocal access areas within the cluster courtyard single family
detached homes, multifamily attached homes, the resort inn and commercial
uses.
b. A statement that all homeowners and residents will be provided, upon purchase
closing or signing of rental agreement, the information and requirements for
water conservation pursuant to NBMC Chapter 14.16, Water Conservation and
Supply Level Regulations. ( refer to SC 4.15 -1)
c. A statement that the Master Association and /or responsible Sub - Association will
be responsible for funding the City's maintenance of the pedestrian bridge
spanning West Coast Highway, if constructed.
d. A statement that all horeowners be provided educational information upon
purchase closing and annually after the close of escrow on mobile source
emission reduction techniques, including but not limited to, alternative modes of
transportation and use of zero or low emission vehicles. As part of this
statement provisions shall be made that the Association provide to the Director
of Community Development an annual report of conservation educational
materials distributed to homeowners. (refer to MM 4.10 -11)
e. A statement that all homeowners shall be provided educational information
upon purchase closing on the positive benefits of using consumer products with
low or no- volatile organic compounds (VOCs) such as paint thinners and
solvents.
f. A statement that all homeowners be provided educational information upon
purchase closing and annually thereafter regarding the energy saving benefits
of using solar heating, automatic pool and spa covers, and efficient pumps and
motors for pools and spas.
g. A statement that all common area yards, pedestrian paseos, South Community
Park, bluff parks, interpretive parks, median and parkway landscaping,
greenbelts, bioswales, walls and fencing within the interior of the tract, off - street
parking areas, fuel modification areas within the interior of the tract, trash areas,
maintenance buildings and office structures, exterior lighting, sewer and water
laterals, alleys, slopes, slope drains, reciprocal access areas within the cluster
courtyard single family detached homes, multifamily attached homes, the resort
inn and commercial uses and private residential park and recreation areas
within the interior of the tract are private and shall be maintained by the Master
Association, or Sub- Association(s) unless otherwise approved by the Director of
Public Works.
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
h. A statement that the Association shall be required to advise residents that
complaints about offensive odors may be reported to the City using the Quest
online format on the City web site and /or to the South Coast Air Quality
Management District at 1- 800 - CUT -SMOG (1 -800- 288 - 7664).
i. Information to be provided to homeowners on the established setback and
height requirements for additions and accessory structures conforming to the
requirements of the approved NBR Planned Community Development Plan.
j. A statement that all homeowners and residents within 100 feet of open space
areas shall be provided written information upon close of purchase or signing of
rental agreement, regarding the applicable requirements of Mitigation Measure
MM 4.2 -1 regarding the "dark sky" lighting prograrn for the project. (PDF 4.6 -4)
k. A statement indicating that Lots 8, 189,191- 193,199, 203,224,227,229,230,
233, and Lettered Lot F shall be retained by deed restriction as designated
public park in perpetuity and maintained by a Master Association, a Sub -
Association and /or other approved and appropriate agency, and that no
structures, development or encroachment shall be permitted within the
designated park area except as shown on the Final Map, approved Site
Development Review, approved landscape and park improvement plans, or as
otherwise approved by the City.
I. Provisions that following recordation of each Final Map, each Association
formed for the subdivision shall submit to the Director of Community
Development a list of all current Officers of the Association.
m. A statement indicating that proposed amendments to the CC &Rs shall be
submitted for review to the Director of Community Development or designee,
and shall be approved by the City Attorney prior to the amendments being valid.
n. A statement that the City has the right, but not the obligation, to enforce any of
the provisions of the CC &Rs.
o. An agreement between the applicant and the Association that on an annual
basis by June 1 of each year reports will be furnished to the Director of Public
Works in compliance with the reporting requirements of codes and ordinances
adopted by the City with respect to the NPDES program.
p. A reference to the plan for maintenance of fuel modification zones in
accordance with the approved Fire and Life Safety Program for the project.
22. Prior to Final Map approval the applicant shall reflect on the Final Map or prepare
separate instruments to the satisfaction of the Director of Public Works all public
access easements, deed restrictions or other instruments including but not limited to
those providing for permanent public access to the open space interpretive trails
including the Bluff Toe Interpretive Trail, the Southern Arroyo Interpretive Trail, the
Upland Interpretive Trail, and the Lowland Interpretive Trail and those providing City
access for maintenance of storm drains. (PDF 4.8 -2)
23. Prior to Final Map approval, the applicant shall submit an open space management
plan for approval by the Director of Community Development, for the long term
funding and management of Lettered Lot Q. the Talbert Trailhead Interpretive Park,
and the open space preserve within the Open Space District of the NBR Planned
7
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
Community Development Plan which includes the right -of -way reservation for 19th
Street, Lettered lots A through E, Lettered Lots G through P and R, and all public
interpretive trail easements. The open space management plan shall also include
provisions for the inclusion of Lots 6,7,190, and 226, which comprise the interim oil
facilities area, at such time that oil operations on these lots cease and the lots are
remediated and restored as permanent open space. The open space management
plan shall identify all entities responsible for ownership, management and
maintenance of the open space preserve and their credentials which qualify the entity
as capable of management and maintenance of the open space preserve and able to
implement all applicable mitigation measures identified in the MMRP. The open space
management plan shall specify the timeline for commencement of implementation of
the management plan by the management entity for the open space preserve.
Approval by the City of the long term management plan is a condition precedent to
recordation of a final map. (PDF4.6 -2) The open space management plan shall
include but not be limited to identification of funding, management responsibilities,
and maintenance activities in perpetuity for but not limited to the following:
a. Maintenance and periodic repair and replacement of park facilities in the Talbert
Trailhead Interpretive Park, all open space interpretive trails, and associated
appurtenances including but not limited to landscaping, restrooms, trail routes
and surfaces, fences, benches and other facilities.
b. Maintenance of all repaired and restored bluff slopes pursuant to the NBR Bluff
Restoration Plan as described in the NBR Master Development Plan. (PDF 4.3-
3)
c. On -going habitat protection, restoration, and maintenance, including on -site
supervision of trail and habitat areas by qualified personnel, operation of
interpretive trails, signs and displays, and funding for any public outreach
programs.
d. Maintenance of drainage systems, water quality management systems, and
other devices required to protect on -site habitat and water quality within the
open space preserve. The drainage system maintenance program shall include
a statement that prior to conducting any maintenance activities for the water
quality treatment basin located in Lot I, the open space preserve management
entity shall post a written notification of temporary trail closure dates and times
at key points along the Upland Interpretive Trail to accommodate maintenance
vehicles using the right of way adjacent to the trail. The written notice shall be
posted at least 48 hours prior to the scheduled maintenance and shall state the
hours and duration of the trail closure.
e. Maintenance of fuel modification zones within the open space preserve in
accordance with the NBR Fire and Life Safety Program approved for the
project.
f. The five year Maintenance and Monitoring Program for all restored habitat
areas pursuant to the Standard Vegetation Monitoring Procedures outlined in
the project FOR SCH No. 2009031061. (PDF4.6 -3)
0
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
24. Prior to Final Map approval, the applicant shall pay all applicable development and
Final Map fees associated with but not limited to Community Development
Department, Public Works Department, and City Attorney review of CC &Rs, map and
plan check, hydrology review, geotechnical and soils reports review, park
improvement plan review, grading plan review, traffic and transportation, and
construction inspection.
25. Prior to Final Map approval, the applicant shall submit to the Director of Community
Development for review and shall obtain City Attorney approval of, a buyer's
notification disclosure form, to be given to all buyers upon purchase closing, which
indicates the location, if applicable, of any abandoned oil production facility within 10
feet of the residential lot and the existence, operations, and characteristics of
continuing oil production activities within the boundaries of the project as well as
notification of potential exposure to nuisance, noise, risk of upset and hazards, and /or
objectionable odors of continued oil production activities.
26. Prior to Final Map approval for residential, resort, and /or commercial development the
applicant shall provide separate labor and material improvement bonds or irrevocable
letters of credit in a form and amount acceptable to the Director of Public Works for
100% of estimated improvement cost, as prepared by a Registered Civil Engineer and
approved by the Director of Public Works, for each, but not limited to, the public and
private improvements for the each of the following separately:
a. Street improvements, monuments, sidewalks, traffic signal, striping and signage,
trail and park improvements, street lights, sewer systems, water systems, storm
drain and water quality management systems, erosion control landscaping and
irrigation in public rights of way, private slopes and common area recreational
areas; and off -site improvements required as part of the project.
27. Prior to Final Map approval, the applicant shall complete geotechnical trenching and
field investigations, consistent with all adopted state codes in effect at the time, by a
qualified geologist, and shall submit a geotechnical report for review and approval by
the Director of Community Development to confirm the adequacy of any proposed
project development fault setback limits in accordance with the mandates of the
Alquist - Priolo Earthquake Fault Zoning Act. (MM 4.3 -2)
Prior to Recordation of Final Map
Note: Multiple Final Maps may be prepared by the applicant and submitted for approval
by the City. Unless otherwise noted, conditions 28 through 34 apply to the project area
included on the applicable map.
28. Prior to recordation of the Final Map(s), the applicant shall submit for review, and
shall obtain County Surveyor approval of, a digitized map pursuant to applicable
Orange County ordinance. The applicant shall pay for all costs of said digital
E
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
submittals, including supplying digital copies to the City of the final County Surveyor
approved digital map.
29. Prior to recordation of the Final Map, the applicant shall make an irrevocable offer of
dedication of all fire protection access easements consistent with Tentative Tract Map
17308, to the City of Newport Beach.
30. Prior to recordation of the Final Map, the applicant shall submit for review and shall
obtain the Director of Public Works approval of all utility maintenance easements and
make an irrevocable offer of dedication of the appropriate easements to the City of
Newport Beach.
31. Prior to applicable Final Map recordation the applicant shall provide documentation of
acquisition or option to acquire the full right of way width of North Bluff Road between
161" Street and the southerly boundary of Lot 2 and of 16I" Street between North Bluff
Road and the easterly boundary of the project as identified on Tentative Tract Map
No. 17308.
32. Prior to applicable Final Map recordation, the applicant shall either provide
documentation of acquisition or option to acquire adequate right of way width of 15th
Street from the easterly project boundary to a point east of the project boundary, as
determined by the Director of Public Works or shall enter into an agreement with City
pursuant to the terms of the DA for the City's acquisition of the right -of -way and
applicant's payment of the entire cost of acquisition.
33. Prior to Final Map recordation the applicant shall provide an irrevocable offer of
dedication to the City for the following as identified on Tentative Tract Map No. 17308:
a. Full right of way for Bluff Road and North Bluff Road from West Coast Highway
to the northern boundary of Lot 1, right of way adjacent to the project site at
West Coast Highway, and the full right of way for 15'" Street, 16th Street, and
171" Street within the project boundaries.
b. Partial right of way as determined by the Director of Public Works for North Bluff
Road from the northern boundary of Lot 1 to 191" Street (from North Bluff Road
to the eastern terminus of the existing roadway.)
c. Lots 231 and 232 (Central Community Park), and Lots 194 -196 (North
Community Park).
34. Prior to applicable Final Map recordation the applicant shall establish right way
reservations as identified on Tentative Tract Map No. 17308 for the southerly half
section of 191" Street from the Santa Ana River to the eastern terminus of the existing
roadway.
10
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
Prior to Issuance of Demolition or Grading Permits
Note: Grading permits as noted in this section do not apply to grading activities required
for oil field remediation.
35. Prior to the issuance of grading permits, the applicant shall pay any unpaid City
administrative costs and unpaid costs incurred by City retained consultants
associated with the processing of this application to the City.
36. Prior to issuance of grading permits for improvements permitted by the Director of
Community Development to commence pursuant to approval of Tentative Tract Map
No. 17308, the applicant shall provide separate labor and material improvement
bonds or irrevocable letters of credit in a form and amount acceptable to the Director
of Community Development for 100% of estimated grading cost, as prepared by a
Registered Civil Engineer and approved by the Director of Community Development.
37. Prior to the issuance of grading permits the applicant shall pay all applicable City fees
which may include but are not limited to map and plan check, water connection,
sewer connection, hydrology review, geotechnical and soils reports review, grading
plan review, traffic and transportation, and construction inspection.
38. Prior to the issuance of grading permits, the City of Newport Beach shall be provided
the authority by the County of Orange to issue grading permits in the unincorporated
area of the project site. If said authorization is not provided to the City, prior to
issuance of grading permits, the annexation of the unincorporated area of the project
site to the City of Newport Beach shall be completed and approved by OCLAFCO as
set forth in Government Code Section 56658 and summarized in OCLAFCO's
Processing Policies and Procedures Manual.
39. Prior to the issuance of grading permits the applicant shall obtain all necessary
permits required by the California Coastal Commission pursuant to the requirements
of the California Coastal Act.
40. Prior to the issuance of grading permits the applicant shall demonstrate to the
satisfaction of the Director of Community Development that consultation with the U.S.
Fish and Wildlife Service has been completed.
41. Prior to the issuance of grading permits within areas subject to the jurisdiction of the
California Department of Fish and Game, the applicant shall demonstrate to the
satisfaction of the Director of Community Development that a Section 1600
Streambed Alteration Agreement, pursuant to Section 1602 of the California Fish and
Game Code, has been obtained.
11
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
42. Prior to the issuance of grading permits within areas subject to the jurisdiction of the
US Army Corps of Engineers, the applicant shall demonstrate to the satisfaction of
the Director of Community Development that a Section 404 permit has been obtained.
43. Prior to the issuance of grading permits within areas subject to the jurisdiction of the
Santa Ana Regional Water Quality Control Board, the applicant shall demonstrate to
the satisfaction of the Director of Community Development that the Santa Ana
Regional Water Quality Control Board has issued a Water Quality Certification
pursuant to Section 401 of the federal Clean Water Act.
44. Prior to the issuance of demolition or grading permits, whichever is first, the applicant
shall demonstrate to the satisfaction of the Director of Community Development that
the Orange County Health Care Agency (OCHCA) has approved a final Remedial
Action Plan for the project with the concurrence of the Regional Water Quality Control
Board - Santa Ana Region.
45. Prior to the issuance of grading permits within Caltrans right of way, the applicant
shall demonstrate to the satisfaction of the Director of Public Works that all Caltrans
encroachment permits have been obtained for the widening and improvement of
West Coast Highway as indicated on Tentative Tract Map No. 17308.
46. Prior to the issuance of grading permits the applicant shall demonstrate to the
satisfaction of the Director of Public Works that all existing survey monuments are
located in the field in compliance with AB 1414 for restoration by the Registered Civil
Engineer or Land Surveyor in accordance with Section 8771 of the Business and
Professions Code.
47. Prior to the issuance of grading permits the limits of grading shown on Tentative Tract
Map No. 17308 must be verified by a Geotechnical Engineer. Grading shall not be
permitted to extend beyond the limits as indicated on Tentative Tract Map No. 17308
without approval of the Director of Community Development.
48. Prior to issuance of grading permits a list of "good housekeeping" practices,
consistent with the approved Water Quality Management Plan, shall be submitted by
the contractor for incorporation into the long -term post- construction operation of the
site to minimize the likelihood that pollutants would be used, stored, or spilled on the
site that could impair water quality. These may include frequent parking area vacuum
truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or
pesticides, and the diversion of storm water away from potential sources of pollution
(e.g.. trash receptacles and parking structures). The WQMP shall list and describe all
structural and non - structural BMPs. In addition the WQMP must also identify the
entity responsible for the long term inspection, maintenance, and funding for all
structural (and if applicable treatment- control) BMPs.(SC 4.4 -5)
49, Prior to issuance of grading permits, the applicant shall submit documentation in a
form and of a content determined by the Director of Community Development that any
12
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
hazardous contaminated soils or other hazardous materials removed from the project
site shall be transported only by a Licensed Hazardous Waste Hauler to approved
hazardous materials disposal site, who shall be in compliance with all applicable State
and federal requirements, including the U.S. Department of Transportation regulations
under 49 CFR (Hazardous Materials Transportation Act), California Department of
Transportation (Caltrans) standards, Occupational Safety and Health Administration
(OSHA) standards, and under 40 CFR 263 (Subtitle C of Resource Conservation and
Recovery Act). The Director of Community Development shall verify that only
Licensed Haulers who are operating in compliance with regulatory requirements are
used to had hazardous materials. (SC 4.5 -2)
50. Prior to the issuance of any grading permits, the Director of Community Development
shall review the grading plan for conformance with the grading shown on the
approved tentative map. The grading plans shall be accompanied by geological and
soils engineering reports and shall incorporate all information as required by the City.
Grading plans shall indicate all areas of grading, including remedial grading, and shall
extend to the limits outside of the boundaries of an immediate area of development as
required by the City. Grading shall be permitted within and outside of an area of
immediate development, as approved by the City, for the grading of public roads,
highways, park facilities, infrastructure, and other development- related improvements.
Remedial grading for development shall be permitted within and outside of an
immediate development area, as approved by the City, to adequately address
geotechnical or soils conditions. Grading plans shall provide for temporary erosion
control on all graded sites scheduled to remain unimproved for more than 30 days.
Grading plans shall incorporate contour grading techniques to minimize impacts to
existing public view points from West Coast Highway. (PDF 4.2 -1) If the applicant
submits a grading plan that deviates from the grading shown on the approved
tentative map (specifically with regard to slope heights, slope ratios, pad elevations or
configurations), as determined by the Director of Community Development, the
Director of Community Development shall review the plan for a finding of substantial
conformance. If the Director of Community Development finds the plan not to be in
substantial conformance, the applicant shall process a revised tentative map or, if a
final map has been recorded, the applicant shall process a new tentative map. A
determination of CEQA compliance shall also be required. (SC 4.3 -1)
51. Prior to issuance of grading permits the applicant shall provide evidence satisfactory
to the Director of Community Development, that the applicant shall provide for
monitoring of grading activities to comply with Section 7050.5 of the California Health
and Safety Code, regarding the discovery of human remains. If human remains are
found, the County Coroner shall be notified within 24 hours of the discovery. No
further excavation or disturbance of the site or any nearby area reasonably suspected
to overlie adjacent remains shall occur until the County Coroner has determined,
within two working days of notification of the discovery, the appropriate treatment and
disposition of the human remains. If the County Coroner determines that the remains
are or are believed to be Native American, s /he shall notify the Native American
Heritage Commission (NAHC) in Sacramento within 24 hours. In accordance with
13
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
Section 5097.98 of the California Public Resources Code, the NAHC must
immediately notify those persons it believes to be the most likely descended from the
deceased Native American. The designated Native American representative shall
complete their inspection within 48 hours of being granted access to the site. The
designated Native American representative would then make recommendations to the
applicant on the disposition of the human remains. (SC4.13 -1)
52. Prior to the issuance of the first grading permit and /or action that would permit project
site disturbance, the applicant shall provide written evidence to the Director of
Community Development that the applicant has retained a qualified Archaeologist to
observe grading activities and to salvage and catalogue archaeological and historic
resources, as necessary. The Archaeologist shall be present at the pre -grade
conference; shall establish procedures for archaeological resource surveillance; and
shall establish, in cooperation with the applicant, procedures for temporarily halting or
redirecting work to permit the sampling, identification, and evaluation of the artifacts,
as appropriate. If archaeological and /or historic resources are found to be significant,
the Archaeologist shall determine appropriate actions, in cooperation with the City
and applicant, for exploration and /or salvage. These actions, as well as final
mitigation and disposition of the resources, shall be subject to the approval of the
Director of Community Development. Based on their interest and concern about the
discovery of cultural resources and human remains during project grading, a qualified
Native American Monitor(s) shall be retained to observe the grading activities for
which an archaeological monitor is present. Nothing in this condition precludes the
retention of a single cross - trained observer who is qualified to monitor for both
archaeological and paleontological resources. (MM 4.13 -1)
53. Prior to the issuance of the first grading permit and /or action that would permit project
site disturbance, the applicant shall provide written evidence to the Director of
Community Development that the applicant has retained a qualified Paleontologist to
observe grading activities and to conduct salvage excavation of paleontological
resources as necessary. The Paleontologist shall be present at the pre - grading
conference; shall establish procedures for paleontological resources surveillance; and
shall establish, in cooperation with the City, procedures for temporarily halting or
redirecting work to permit the sampling, identification, and evaluation of the fossils as
appropriate. Any earth - moving activity associated with development, slope
modification, or slope stabilization that requires moving large volumes of earth shall
be monitored according to the paleontological sensitivity of the rock units that underlie
the affected area. All vertebrate fossils and representative samples of
megainvertebrates and plant fossils shall be collected. Productive sites that yield
vertebrates should be excavated, and approximately 2,000 pounds (Ibs) of rock
samples should be collected to be processed for microvertebrate fossil remains. If
any scientifically important large fossil remains are uncovered during earth - moving
activities, the Paleontologist shall divert heavy equipment away from the fossil site
until s /he has had an opportunity to examine the remains. If warranted, a rock sample
shall be collected for processing. The Paleontologist shall be equipped to rapidly
14
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
remove fossil remains and /or matrix (earth), and thus reduce the potential for any
construction delays. If scientifically important fossil remains are observed and if
safety restrictions permit, the Construction Contractor shall allow the Paleontologist to
safely salvage the discovery. At the Paleontologist's discretion, the Grading
Contractor may assist in the removal of the fossil remains and rock sample to reduce
any construction delays. All fossils shall be documented in a detailed Paleontological
Resource Impact Mitigation Report. Fossils recovered from the field or by processing
shall be prepared; identified; and, along with accompanying field notes, maps and
photographs, accessioned into the collections of a designated, accredited museum
such as the Natural History Museum of Los Angeles County (LRCM) or the San Diego
Natural History Museum. Because of slope modification, fossil- bearing exposures of
the Quaternary marine deposits may be destroyed. If feasible, a few stratigraphic
sections with fossil- bearing horizons shall be preserved for educational and scientific
purposes. (MM 4.13 -3)
54. Prior to the issuance of the first grading
project site disturbance, the applicant
paleontological survey has been conducted
Measure 4.13 -4 of the FEIR..(MM 4.13. 4)
permit and /or action that would allow for
shall provide written evidence that a
pursuant to the requirements of Mitigation
55. Prior to the issuance of the first grading permit and /or action that would permit project
site disturbance, the applicant shall provide evidence to the City of Newport Beach
Police Department that a construction security service or equivalent service shall be
established at the construction site along with other measures, as identified by the
Police Department and the Public Works Department, to be instituted during the
grading and construction phase of the project. (SC4.14 -5)
56. Prior to issuance of applicable grading permits the applicant shall submit for review
and approval by the Director of the Municipal Operations Department, a V =200'
Utilities Master Plan prepared by a Registered Civil Engineer consistent with the NBR
Master Development Plan showing all existing and proposed public and private sewer
pump stations, force mains, laterals, mains and manholes, domestic water service
facilities including gate and butterfly valves, pressure reducing stations, pressure
zones, fire hydrants, meters, storm drain facilities to include storm drain mains,
laterals, manholes, catch basins, inlets, detention and retention basins, water quality
basins and energy dissipaters, outlets, pipe sizes, pipe types fiber optics, electricity,
gas and telephone /telecommunications and any other related facilities as identified by
the Director of the Municipal Operations Department. The Master Utilities Plan shall
provide for the following:
a. All public utilities shall be constructed within dedicated public rights of way
and /or easements or as approved by the Director of Public Works.
b. The water quality basin and diffuser basin within the development as described
on lots I and L respectively shall be maintained by the entity identified in the
open space management plan. The water quality basin within the Community
15
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
Park as described on lot 194 shall be constructed as part of the Community
Park, offered for dedication to the City as part of the Community Park, and upon
acceptance by the City shall be publicly maintained.
c. Domestic water plans shall be designed to take advantage of existing City of
Newport Beach water transmission facilities that connect to the project site to
minimize off -site impacts. (PDF4.15 -3)
d. Domestic water plans shall provide a level of redundancy by making a
connection between the City of Newport Beach Zone 1 and Zone 2 water lines.
(PDF 4.15 -2)
57. Prior to issuance of applicable grading permits the applicant shall submit a Park and
Trails Implementation Plan to be reviewed and approved by the Director of Community
Development, Director of Public Works, and Recreation and Senior Services Director.
The Park and Trails Implementation Plan shall include at a minimum:
a. Community Park Improvement Plans for the North and Central Community Park.
b. A project schedule describing the sequencing of construction of park and trail
improvements and the timing for the design, construction, and dedication or
recordation of public easements of all parks and trails within the project.
58. Prior to issuance of applicable grading permits, the applicant shall submit a
construction management and delivery plan for each phase of construction to be
reviewed and approved by the Director of Public Works. Upon approval of the plan,
the applicant shall be responsible for implementing and complying with the
stipulations set forth in the approved plan. (SC 2.12 -1) The construction management
plan shall include, at a minimum, the following:
a. Construction phasing plan.
b. Parking plan for construction vehicles and plan for equipment storage.
c. Construction area traffic management plan for the project for the issuance of a
haul route permit. The traffic management plan shall be designed by a
registered Traffic Engineer. The traffic management plan shall identify
construction phasing and address traffic control for any temporary street
closures, detours, or other disruptions to traffic circulation and public transit
routes. The traffic management plan shall identify the routes that construction
vehicles shall use to access the site, the hours of construction traffic, traffic
controls and detours, vehicle staging areas, and parking areas for the project.
Advanced written notice of temporary traffic disruptions shall be provided to
emergency service providers and the affected area's businesses and the
general public. This notice shall be provided at least two weeks prior to
disruptions. The applicant shall ensure that construction activities requiring
more than 16 truck (i.e., multiple axle vehicle) trips per hour on West Coast
Highway, such as excavation and concrete pours, shall be prohibited between
June 1 and September 1 to avoid traffic conflicts with beach and tourist traffic.
At all other times, such activities on West Coast Highway shall be limited to 25
truck (i.e., multiple axle vehicle) trips per hour unless otherwise approved by the
Director of Public Works. Haul operations shall be monitored by the Department
16
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
of Public Works, and additional restrictions may be applied if traffic congestion
problems arise. A staging area shall be designated on -site for construction
equipment and supplies to be stored during construction. (SC 4.9 -3)
d. A construction and equipment staging area plan which shall be located in the
least visually prominent area on the site and shall be properly maintained
and /or screened to minimize potential unsightly conditions.
e. A construction fencing plan to include installation of a six - foot -high screen and
security fence to be placed around the construction site during construction.
f. A 24 hour hotline number shall be provided at all construction sites for
complaints or questions regarding construction activities. (refer to MM 4.10 -9)
g. Construction mitigation measures as required by the MMRP.
h. A statement that all grading and construction shall comply with NBMC Section
10.28.040 (Noise Ordinance). (SC 4.12 -1)
i. A statement requiring construction contractors to sweep paved roads within and
adjacent to the project site if visible soil materials are carried to the streets.
Street sweepers or roadway washing trucks shall comply with SCAQMD Rule
1186 and shall use reclaimed water if available.
j. A statement that all grading plans and specifications include temporary noise
barriers for all grading, hauling, and other heavy equipment operations that
would occur within 300 feet of sensitive off -site receptors and occur for more
than 20 consecutive working days. The noise barriers shall be 12 feet high, but
may be shorter if the top of the barrier is at least one foot above the line of sight
between the equipment and the receptors. The barriers shall be solid from the
ground to the top of the barrier and have a weight of at least 2.5 pounds per
square foot, which is equivalent to 3/ inch thick plywood. The barrier design
shall optimize the following requirements: (1) the barrier shall be located to
maximize the interruption of line of sight between the equipment and the
receptor, which is normally at the top of slope when the grading area and
receptor are at different elevations. However, a top of slope location may not be
feasible if the top of slope is not on the project site; (2) the length and of the
barrier shall be selected to block the line of sight between the grading area and
the receptors; (3) the barrier shall be located as close as feasible to the
receptor or as close as feasible to the grading area; a barrier is least effective
when it is at the midpoint between noise source and receptor. If preferred by
the applicant or contractor, the construction of a temporary earth berm may be
used as the noise barrier. Earth berms provide greater noise reduction than
wood or masonry walls of the same height. A temporary noise barrier shall not
be required when it is demonstrated to the Director of Community Development
that a barrier would not be feasible. Reasons may include, but not be limited to
(1) the barrier would cause impacts more severe than the construction noise,
(2) the barrier would interfere with the construction work, and (3) a property
owner refuses to allow the barrier. (MM 4.12 -1)
k. A statement that contractors be required to implement the following measures:
i. Construction waste diversion will be increased by 50 percent from
2010 requirements.
17
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
ii. To the extent practical, during the oilfield clean -up and
remediation process, the contractors will be required to recycle
and reuse materials on site to minimize off -site hauling and
disposal of materials and associated off -site traffic. (PDF4.11 -5)
I. A statement to be provided to all construction contractors that requires all
construction contractors to comply with South Coast Air Quality Management
District's (SCAQMD's) Rules 402 and 403 in order to minimize short -term
emissions of dust and particulates. SCAQMD Rule 402 requires that air
pollutant emissions not be a nuisance off site. SCAQMD Rule 403 requires that
fugitive dust be controlled with Best Available Control Measures so that the
presence of such dust does not remain visible in the atmosphere beyond the
property line of the emission source. This requirement shall be included as
notes on the contractor specifications. Table 1 of Rule 403 lists the Best
Available Control Measures that are applicable to all construction projects. The
measures include, but are not limited to, the following:
i. Clearing and grubbing: Apply water in sufficient quantity to
prevent generation of dust plumes.
ii. Cut and fill: Pre -water soils prior to cut and fill activities and
stabilize soil during and after cut and fill activities.
iii. Earth- rnoving activities: Pre -apply water to depth of proposed
cuts; re -apply water as necessary to maintain soils in a damp
condition and to ensure that visible emissions do not exceed 100
feet in any direction; and stabilize soils once earth - moving
activities are complete.
V. Importing /exporting of bulk materials: Stabilize material while
loading to reduce fugitive dust emissions; maintain at least six
inches of freeboard on haul vehicles; and stabilize material while
transporting to reduce fugitive dust emissions.
V. Stockpiles /bulk material handling: Stabilize stockpiled materials;
stockpiles within 100 yards of off -site occupied buildings must not
be greater than 8 feet in height, must have a road bladed to the
top of the pile to allow water truck access, or must have an
operational water irrigation system that is capable of complete
stockpile coverage.
m. Traffic areas for construction activities: Stabilize all off -road traffic and parking
areas; stabilize all haul routes; and direct construction traffic over established
haul routes. Rule 403 defines large operations as projects with 50 or more
acres of grading or with a daily earth - moving volume of 5,000 cubic yards at
least 3 times in 1 year. The project is considered a large operation. Large
operations are required to implement additional dust - control measures (as
specified in Tables 2 and 3 of Rule 403), provide additional notifications,
signage, and reporting, and appoint a Dust Control Supervisor. The Dust
Control Supervisor is required to:
Be employed by or contracted with the applicant;
O Be on the site or available on site within 30 minutes during
iu;
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
working hours;
Have the authority to expeditiously employ sufficient dust
mitigation measures to ensure compliance with all Rule 403
requirements; and
O Have completed the AQMD Fugitive Dust Control Class and have
been issued a valid Certificate of Completion for the class.
(SC4,10 -1)
n. A statement that all construction vehicles or equipment, fixed or mobile, shall be
equipped with properly operating and maintained mufflers; mufflers shall be
equivalent to or of greater noise reducing performance than manufacturer's
standard. Stationary equipment, such as generators, cranes, and air
compressors, shall be located as far from local residences and the Carden Hall
School as feasible. Where stationary equipment must be located within 250 feet
of a sensitive receptor, the equipment shall be equipped with appropriate noise
reduction measures (e.g. silencers, shrouds, or other devices) to limit the
equipment noise at the nearest sensitive residences to 65 dBA L.Q. Equipment
maintenance, vehicle parking, and material staging areas shall be located as far
away from local residences and the Carden Hall School as feasible. (MM 4.12-
2)
o. A statement that contractors shall be required to provide a minimum two week
notification to affected residents within 300 feet and the Carden Hall school of
the start date, duration, and nature, and noise abatement measures of any
grading operation or similar noise generating activity. (MM 4.12 -3)
p. A notification for contractors that the operation of large bulldozers, vibratory
rollers, and similar heavy equipment is prohibited within 25 feet of any existing
off -site residence. (MM 4.12 -4)
59. Prior to the issuance of a grading permit for Bluff Road and /or 151" Stre et, the
applicant shall provide written notice to affected residents of an offer of a program
(Program) for the retrofit and installation of dual pane windows /sliding doors on the
fagade facing the Newport Banning Ranch property. The Program offer shall only
apply to the owners of the residences (Owners) with rear elevations directly adjacent
to the Newport Banning Ranch property in the western and northern boundaries of
Newport Crest Condominiums impacted by significant noise levels (significant being a
cumulative increase over existing conditions greater than 5 dBA) associated with the
Project as determined by a licensed Acoustical Engineer. Improvements shall be
subject to the approval of the Newport Crest Homeowners Association (Association)
and Owners. The applicant shall be responsible for the implementation of the
Program pursuant to the following provisions and guidelines: (i) in order to participate
in the Program and receive new windows /sliders, each participating Owner must
provide written notice to the applicant within 45 days following receipt of the proposed
Program from the applicant, that the owner wants to participate in the program; (ii)
failure to respond within such time period shall mean the Owner desires not to
participate; (iii) following receipt of written notice from participating Owners, the
applicant shall obtain a cost estimate and submit written specifications from a
I&*
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
licensed and bonded window contractor to the Owners and the Association for
design /architectural approval; (iv) following receipt of design /architectural approval
from the Owners and the Association of written specifications, the applicant shall
enter into a contract with a qualified, licensed and bonded contractor for the
installation of windows /sliders to the participating Owners' condominiums as part of
one overall program pursuant to the contract between the applicant and the
contractor; (v) the total cost of the Program shall be paid by the Applicant on behalf of
the Owners in an amount not exceed the total cost identified in the cost estimate
approved by the applicant. (MM 4.12 -7) Nothing in this condition shall prohibit the City
from issuing a grading permit for Bluff Road or 151h Street in the event any or all
Owners decline to participate in the Program.
60. Prior to issuance of applicable grading permits for roadway improvements, the
applicant shall submit a "dark sky" lighting plan consistent with the requirements of
the NBR -PC to be reviewed and approved by the Director of Public Works. The "dark
sky" lighting plan shall indicate the location of street lights which may only be utilized
at key intersection locations as approved by the Public Works Department. (PDF 4.6-
4)
61. Prior to issuance of grading permits, i f determined necessary by the Director of
Community Development , the applicant shall record a Letter of Consent from any
affected property owners permitting off -site grading, cross lot drainage, drainage
diversions, and /or unnatural concentrations. This process will ensure that construction
activities requiring encroachment permits or having temporary effects on adjacent
parcels are properly noticed and coordinated. (SC 4.3.2)
62. Prior to the issuance of grading permits, the applicant shall prepare a Storm Water
Pollution Prevention Plan ( SWPPP) and Notice of Intent (NOI) to comply with the
Construction General Permit and submit the above to the State Water Quality Control
Board for approval and made part of the construction program. The applicant shall
provide the City with a copy of the NOI and their application check as proof of filing
with the State Water Quality Control Board. The SWPPP shall detail measures and
practices that will be in effect during construction to minimize the project's impact on
water quality.
63. Prior to issuance of grading permits, the applicant shall prepare and submit a Final
Water Quality Management Plan (WQMP) for the proposed project, subject to the
approval of the Director of Community Development and Director of Public Works.
The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure
that no violations of water quality standards or waste discharge requirements occur.
The WQMP must also identify the entity responsible for the long -term inspection,
maintenance, and funding for all structural (and if applicable Treatment Control)
BMPs.
20
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
64. Prior to issuance of precise grading permits for any residential, commercial, resort or
park development area the applicant shall commence implementation of the NBR
Habitat Restoration Plan as described in the NBR Master Development Plan which
includes designation of a minimum of 220 gross acres as wetland restoration /water
quality areas, habitat conservation, and restoration mitigation areas. (PDFs 4.6. -1 and
4.6 -2)
65. Prior to the issuance of grading permits, the applicant shall submit a planting plan for
the arroyos for review and approval by a qualified biologist designated by the Director
of Community Development. The arroyos planting plan shall identify the use of native
riparian vegetation consistent with the NBR Master Development Plan, Appendix A,
Habitat Restoration Plan. (PDF4.4 -4)
66. Prior to issuance of applicable grading permits adjacent to bluff slopes the applicant
shall submit for review and approval by the Director of Community Development, a
grading plan to implement the Bluff /Slope Restoration Plan as described in the NBR
Master Development Plan that identifies eroded portions of bluff slopes to be repaired
and stabilized and identifies a planting plan utilizing native vegetation that does not
require permanent irrigation. (PDF- 4.3 -3)
Prior to Issuance of Demolition and Building Permits
67. Prior to issuance of building permits for applicable portions of the project, subject to
grading permits, site remediation activities consistent with the Final RAP shall be
completed to the satisfaction of all state and local agencies with oversight
responsibility as identified in the Final RAP.
68. Prior to the issuance of a building permit for the construction of residential and
commercial uses, the applicant shall pay the required Property Excise Tax to the City
of Newport Beach, as set forth in its Municipal Code ( §3.1.2 et seq.) for public
improvements and facilities associated with the City of Newport Beach Fire
Department, the City of Newport Beach Public Library, and City of Newport Beach
public parks. (SC 4.14 -1)
69. Prior to the issuance of building permits the applicant shall obtain approval of a plan
stating that water for firefighting purposes and an all weather fire access road shall be
in place before any combustible materials are placed on site. Fire access roads shall
be designed to support the 75,000 pound load of fire apparatus for year round
weather conditions.
70. Prior to the issuance of any residential building permit, the applicant shall submit for
review and shall obtain the approval of the Director of Community Development,
plans indicating the location and type of unit address lighting to be installed.
71. Prior to the issuance of building permits, the applicant shall complete that portion of
the approved fuel modification plan determined to be necessary by the City of
21
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
Newport Beach Fire Department prior to the introduction of any combustible materials
into the area. This generally involves removal and thinning of plant materials indicated
on the approved fuel modification plan(s). (SC 4.14 -3)
72. Prior to the issuance of building permits, the applicant shall pay applicable fees to the
Newport -Mesa Unified School District Pursuant to Section 65995 of the Califomia
Government Code Payment of the adopted fees would provide full and complete
mitigation of school impacts. (SC 4.14 -6)
73. Prior to the issuance of building permits for any residential unit, the applicant shall pay
the City of Newport Beach the applicable portion of a fire facilities impact fee equal to
its fair share of the need for a relocated Fire Station Number 2, as may be further
defined in the DA. The fair share fee shall be based on total number of project
dwelling units as a ratio of the total number of dwelling units within the service area of
relocated Fire Station Number 2. (MM 4.14 -2)
74. Prior to issuance of any demolition permit testing for all structures for presence of
lead -based paint (LBP) and /or asbestos - containing materials (AGMs) shall be
completed. The Asbestos - Abatement Contractor shall comply with notification and
asbestos removal procedures outlined in the South Coast Air Quality Management
District's (SCAQMD's) Rule 1403 to reduce asbestos - related air quality health risks.
SCAQMD Rule 1403 applies to any demolition or renovation activity and the
associated disturbance of ACMs. This requirement shall be included on the
contractors' specifications and verified by the Director of Community Development.
All demolition activities that may expose construction workers and /or the public to
ACMs and /or LBP shall be conducted in accordance with applicable regulations,
including, but not limited to Title 40 of the Code of Federal Regulations (CFR),
Subchapter R (Toxic Substances Control Act); CalOSHA regulations (Title 8 of the
California Code of Regulations §1529 [Asbestos] and §1532.1 [Lead]); and SCAQMD
Rule 1403 (Asbestos Emissions from Demolition /Renovation Activities). The
requirement to adhere to all applicable regulations shall be included in the contractor
specifications, and such inclusion shall be verified by the Director of Community
Development prior to issuance of the first grading permit. (SC 4.5 -1)
75. Prior to issuance of applicable building permits, the applicant shall submit to the
Director of Community Development for review and approval, architectural plans and
an accompanying noise study that demonstrates that interior noise levels in the
habitable rooms of residential units due to exterior transportation noise sources would
be 45 dBA CNEL or less. Where closed windows are required to achieve the 45 dBA
CNEL limit, project plans and specifications shall include ventilation as required by the
California Building Code. (SC4.12 -3)
76. Prior to issuance of applicable building permits, the applicant shall submit for review
and approval by the City of Newport Beach Police Department, development plans for
22
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
the incorporation of defensible space concepts to reduce demands on police services.
Public safety planning recommendations shall be incorporated into the project plans.
The applicant shall prepare a list of project features and design components that
demonstrate responsiveness to defensible space design concepts. (SC 4.14 -4)
77. Prior to the issuance of building permits plans shall be submitted to the satisfaction of
the Director of Community Development to include requirements that all contractor
specifications include a note that architectural coatings shall be selected so that the
VOC content of the coatings is compliant with SCAQMD Rule 1113. (SC 4.10 -2)
78. Prior to the issuance of building permits the applicant shall submit for review and
approval by the Director of Community Development building plans designed to meet
or exceed all State Energy Insulation Standards and City of Newport Beach codes in
effect at the time of application for building permits. Commonly referred to as Title 24,
these standards are updated periodically to allow consideration and possible
incorporation of new energy efficiency technologies and methods. Title 24 covers the
use of energy - efficient building standards, including ventilation; insulation;
construction; and the use of energy- saving appliances, conditioning systems, water
heating, and lighting. Plans submitted for building permits shall include written notes
or calculations demonstrating compliance with energy standards. (SC 4.15 -3)
79. Prior to the issuance of building permits for any residential, commercial, visitor
serving, or park and recreation use, annexation of the unincorporated area of the
project site approved for residential, commercial, visitor serving and park and
recreation purposes to the City of Newport Beach shall be completed and approved
by the OCLAFCO as set forth in Government Code Section 56658 and summarized in
OCLAFCO's Processing Policies and Procedures Manual.
80. Prior to the issuance of building permits for any residential, commercial, visitor
serving, or park and recreation use, the applicant shall provide evidence satisfactory
to the Fire Department that adequate permanent or temporary fire protection facilities
are in place on the job site and are tested prior to placing any combustible material on
the job site.
81. Prior to the issuance of each building permit for multi - family residential dwelling units
with subterranean parking and the resort inn, the applicant shall submit plans for
approval by the Director of Community Development, that provide for the following:
e. The designation of a minimum of three percent of the total parking spaces
provided as electric or hybrid vehicle parking spaces; and
f. Installation of facilities for Level 2 electric vehicle recharging, unless it can be
demonstrated to the satisfaction of the Director of Community Development that
the technology for these facilities or availability of the equipment current at the
time renders installation of these facilities infeasible. (MM 4.11 -5)
23
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
82. Prior to the issuance of each building permit for residential dwelling units with
attached garages, the applicant shall submit plans for approval by the Director of
Community Development that provide for the following:
g. Identification of a specific place or area within each residential dwelling unit
where a Level 2 electric vehicle charging station could be safely installed by the
homeowner after purchase;
h. The installation by the residential builder of the conduit necessary for the future
installation of a Level 2 charging station in each residential dwelling unit; and
i. Evidence that the electrical load of each residential dwelling unit is designed to
accommodate a Level 2 charging station. (MM 4.11 -5)
Prior to Issuance of Certificates of Use and Occupancy
83. Prior to issuance of certificates of use and occupancy for any residential dwelling unit,
the resort inn, or any commercial structure in Site Planning Area 10a (northerly block
only), Site Planning Area 10b (northerly block only), and Site Planning Area 12b, Fire
Station Number 2 shall be complete and operational at the existing City Hall site at
3300 Newport Boulevard or at another location that the Newport Beach Fire
Department has determined is sufficient to provide fire response within the Fire
Department's established response time standards. (MM 4.14 -1) In the event the
replacement station for Fire Station 2 is not operational in time for issuance of use
and occupancy for the above stated Site Planning Areas, then prior to issuance of
building permits for any combustible structure in the above Site Planning Areas, the
applicant shall provide and improve a site, as defined by the Development Agreement
within the Community Park, areas for a temporary facility of sufficient size to
accommodate one engine company and one paramedic ambulance of at least three
firefighters on a 7- day /24 -hour schedule. The temporary fire station site shall be within
the project limits of disturbance approved as a part of the project such that no new
environmental effects would occur. (MM 4.14 -3)
84. Prior to issuance of certificate of use and occupancy for any residential, resort or
commercial use, the applicant shall complete construction of all applicable roadways,
parkways, median and median landscaping, sidewalks, intersection street lights,
streets, alleys, traffic signals and signage and utilities including but not limited to
water, water quality management, sewer, storm drain, fiber optics, gas, electricity,
telephone and telecommunications necessary to serve the use and the above
facilities shall be operational to serve the use, the extent of which shall be determined
by the Director of Public Works and the Director of the Municipal Operations
Department.
85. Prior to the issuance of a certificate of use and occupancy for the 3501h residential
dwelling unit in the North Family Village, i) the park improvements shall be completed
24
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
by the applicant for the Vernal Pool Interpretive Park within Lot F and for the Nature
Center Interpretive Park within Lot 233, and ii) CC &Rs, deed restrictions, access
easements, or other instruments providing for public access and use of the facilities in
perpetuity, and including the timing for opening of the facilities for public use, shall be
recorded to the satisfaction of the Director of Community Development.
86. Prior to the issuance of the 3501h certificate of use and occupancy for any residential
use in either the North Family Village or Urban Colony, the construction of
improvements to the Talbert Trailhead Staging Area Interpretive Park ( "Talbert
Trailhead ") within Lot Q shall be completed by the applicant, and public access
easements, CC &Rs, deed restrictions or other instrument providing for public access
and permanent maintenance for the Talbert Trailhead in perpetuity, and including the
timing for opening of the facility for public use, shall be recorded to the satisfaction of
the Director of Community Development.
87. Prior to the issuance of the first certificate of use and occupancy for Lot 1, Urban
Colony the construction of all improvements to North Bluff Park, Lot 189, including all
trail and recreational improvements shall be completed by the applicant, and deed
restrictions, access easements, or other instruments providing for public access and
use of this portion of North Bluff Park in perpetuity, and including the timing for
opening of the facility for public use, shall be recorded to the satisfaction of the
Community Development Director.
88. Prior to the issuance of the a certificate of use and occupancy for the 3501h
residential dwelling unit in either the North Family Village or the Urban Colony
whichever is first, the construction of the Lowland, Upland, and Bluff Toe Interpretive
Trails shall be completed by the applicant, and CC &Rs, deed restrictions, access
easements, or other instruments providing for public access and use of the facilities in
perpetuity, and including the timing for opening of the facilities for public use, shall be
recorded to the satisfaction of the Director of Community Development.
89. Prior to the issuance of a certificate of use and occupancy for the 2091h residential
dwelling unit in the North Family Village, the construction of the Southern Arroyo Trail
shall be completed by the applicant, and CC &R's, deed restrictions, access
easements, or other instruments providing for public access and use of the facility in
perpetuity, and including the timing for opening of the facility for public use, shall be
recorded to the satisfaction of the Director of Community Development.
90. Prior to the issuance of certificates of use and occupancy, applicable fuel modification
shall be installed and completed by the applicant and inspected by the Fire
Department. This includes physical installation of features identified in the approved
NBR Fire and Life Safety Program (including but not limited to plant establishment,
thinning, irrigation, zone markers, and access easements, among others). If
satisfactory, a Newport Beach Fire Department Official shall provide written approval
of completion at the time of this final inspection. If applicable, a copy of the approved
plans shall be provided to the Homeowners Association (HOA). Fuel modification
25
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
shall be maintained as originally installed and approved The applicable Property
Owner, HOA, or other party that the City deems acceptable shall be responsible for all
fuel modification zone maintenance. All areas shall be maintained in accordance with
the approved Fuel Modification Plan(s). This generally includes a minimum of two
growth reduction maintenance activities throughout the fuel modification areas each
year (spring and fall). Other activities include maintaining irrigation systems, replacing
dead or dying vegetation with approved materials, removing dead plant material, and
removing undesirable species. The Fire Department shall conduct regular inspections
of established fuel modification areas. Ongoing maintenance shall be conducted
regardless of the date of these inspections to ensure that the landscape palette will be
maintained as approved. (SC 4.14 -3)
91. Prior to the issuance of certificates of use and occupancy the applicant shall
demonstrate to the satisfaction of the Director of Public Works that applicable street
name signs have been installed.
92. Prior to the issuance of certificates of use and occupancy permits the applicant shall
demonstrate to the satisfaction of the Director of Public Works that all street
improvements damaged during construction have been repaired or replaced.
93. Prior to the issuance of a certificate of use and occupancy for any model home
complex, the applicant shall complete construction of roadway improvements
adequate to serve the model home complex to the satisfaction of the Director of
Public Works and the Director of Community Development.
94.Prior to the issuance of the first certificate of use and occupancy, (excepting model
home complexes) for the South Family Village or Resort Colony, whichever is first,
the construction of the following roadways shall be complete, consistent with the
roadway sections indicated on Tentative Tract Map No. 17308:
a. West Coast Highway improvements within the full length of right of way
adjacent to the project to include median reconstruction, design and
installation of the traffic signal at Bluff Road and West Coast Highway,
construction of full roadway improvements including sidewalk along the
inland half section, and restriping of the intersection of West Coast
Highway and Newport Boulevard to provide for one southbound right turn
lane, one shared right turn/ left turn lane, and one left turn lane.
b. Full width right of way improvements for Bluff Road and North Bluff Road
from West Coast Highway to 161" Street.
c. Full width right of way improvements for 151h Street from Bluff Road to
the point approved by the Director of Public Works where 15'h Street
tapers to meet road improvements existing at the easterly project
boundary.
d. Partial improvements for 151' Street from the easterly project boundary to
Monrovia Avenue sufficient to provide at a minimum, a functional two
lane roadway as determined by the Director of Public Works.
26
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
e. Full improvements if feasible, or partial improvements providing at a
minimum a functional two lane roadway as determined by the Director of
Public Works, for 16th Street between North Bluff Road and the existing
terminus at the easterly project boundary.
f. Construction of a traffic signal at the intersection of 151h Street and Bluff
Road.
95. Prior to the issuance of the first certificate of use and occupancy for the North Family
Village and /or Urban Colony, (excepting model home complexes) whichever is first,
the applicant shall complete construction of the following roadways consistent with
the sections indicated on Tentative Tract Map No. 17308:
a. Full width improvement of North Bluff Road from 16'h Street to 171h
Street.
b. Partial improvement to North Bluff Road from 17'h Street to the
northern boundary of Lot 1, including establishment of the eastern
curb line in a location compatible with implementation of a full Primary
Arterial with the extent of remaining improvements to be determined
by the Director of Public Works.
c. Full width improvement of 16th Street from North Bluff Road to the
easterly boundary of the Project.
d. Full width improvement of 171h Street from North Bluff Road to a point
at the easterly boundary of the Project where 17°i Street tapers to
meet existing off -site improvements as determined by the Director of
Public Works.
e. Construction of a traffic signal at the intersection of North Bluff Road
and 17th Street.
96. Prior to the issuance of the first certificate of use and occupancy for any residential,
commercial, or resort use in the project all applicable master infrastructure
improvements identified in the Final SWPPP and WQMP including debris basins, bio-
swales, energy dissipaters, drainage pipes, water quality basins and other
improvements shall be constructed and the applicant shall provide all necessary
dedications, deed restrictions, covenants or other instruments for the long term
maintenance of the facilities in a manner meeting the approval of the Director of
Public Works.
97. Prior to the issuance of the certificate of use and occupancy for the 101st residential
dwelling unit in the South Family Village and Resort Colony combined, or prior to the
issuance of the first certificate of occupancy for the Resort Inn facility, whichever
comes first, the applicant shall complete construction of all improvements to South
Bluff Park including all trail and recreational improvements, and deed restrictions,
access easements, or other instruments providing for public access and use of the
South Bluff Park , in perpetuity, and including the timing for opening of the South Bluff
Park for public use, shall be recorded to the satisfaction of the Director of Community
Development.
27
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
98. Prior to the issuance of the certificate of use and occupancy for the 150°i residential
dwelling unit in the South Family Village and Resort Colony combined, the applicant
shall complete construction of all improvements to the South Community Park
including all recreational improvements, and CC &R's, deed restrictions, access
easements, or other instruments providing for public access and use of South
Community Park in perpetuity, and including the timing for the opening of South
Community Park for public use, shall be recorded to the satisfaction of the Director of
Community Development.
99. Prior to the issuance of the certificate of use and occupancy for the 2091" residential
dwelling unit in the North Family Village, the applicant shall complete construction of
all improvements to North Bluff Park adjacent to the North Family Village including all
trail and recreational improvements, and CC &R's, deed restrictions, access
easements, or other instruments providing for public access and use of the North Bluff
Park in perpetuity, and including the timing for opening of the North Bluff Park for
public use, shall be recorded to the satisfaction of the Director of Community
Development.
100. Prior to issuance of certificates of use and occupancy for Lots 1, 10 -88, 128 -162,
184, 185, and 187 the applicant shall construct the water quality basin located in Lot
I and this facility shall be operational to the satisfaction of the Director of Public
Works. (PDF 4.4 -2)
101. Prior to issuance of certificates of use and occupancy for Lots 89 -125, 163 -183, 186
and 188 the applicant shall construct the water quality basin and a diffusing basin
located in Lot L and these facilities shall be operational to the satisfaction of the
Director of Public Works. (PDF4.4 -2)
102. Prior to issuance of certificates of use and occupancy for the resort inn within Lot
228, the applicant shall demonstrate to the satisfaction of the Director of Public
Works that the applicant has submitted an application to Caltrans for approval of all
required Caltrans permits for the construction by the applicant of the
pedestrian /bicycle bridge spanning West Coast Highway as indicated on Tentative
Tract Map No. 17308. If the applicant receives approval from Caltrans for
construction of the pedestrian bridge, the applicant shall subsequently submit
improvement plans for review and approval by the Director of Public Works, Director
of Community Development and Director of Recreation and Senior Services for the
construction of the pedestrian bridge. (PDF4.8 -3) In the event all approvals are
obtained for construction of the pedestrian /bicycle bridge, the applicant shall
complete construction of the bridge prior to issuance of the final certificate of use
and occupancy for the resort inn. Nothing in this condition shall prohibit the City
from issuing a certificate of use and occupancy for the resort inn in the event that
CalTrans does not approve the applicant's request for permit approval for
construction of the pedestrian bridge. Nothing in this condition shall prohibit the City
from issuing a certificate of use and occupancy for Lot 228 in the event the resort
28
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
inn is not developed, pursuant to the provisions of the NBR Planned Community
Development Plan, and subsequently, applications for a pedestrian /bicycle bridge
are not submitted to Caltrans.
103. Prior to the issuance of the first certificate of use and occupancy including for the
first model home complex, the applicant shall submit an application for a Master
Sign Program to the Director of Community Development. Approval of the Master
Sign Program by the Planning Commission pursuant to the provisions of NBR
Planned Community Development Plan Section 4.13, "Community Master Sign
Program," is required prior to issuance of the first certificate of use and occupancy.
104. Prior to the issuance of certificates of use and occupancy for any residential,
commercial, visitor serving, or park and recreation use, fire hydrants shall be
installed and tested.
Subdivision Improvement Plans
105. All subdivision improvement plans shall identify the use of best management
practices (BMPs) for erosion control, sediment control, wind erosion control, storm
water and non -storm water management, and waste management/pollution control.
The BMP's identified for implementation shall demonstrate that potential effects on
local site hydrology, runoff, and water quality remain in compliance with all required
permits, City policies, and the Project's Water Quality Management Plan and Storm
Water Pollution Prevention Plan. (PDF4.4 -6)
106. The applicant shall design and /or construct all required onsite and offsite
improvements to permanent line and grade in accordance with NBMC Chapter
19.24 (Subdivision Design), with the exception of the deviations from this Chapter
as described on TTM No. 17308 and approved by the Director of Public Works.
107. The applicant shall design and /or construct all required onsite and offsite
improvements to permanent line and grade in accordance with NBMC Chapter
19.28 (Subdivision Improvement Requirements), with the exception of the
deviations from this Chapter as described on TTM No. 17308 and approved by the
Director of Public Works.
108. The applicant shall design and /or construct all required onsite and offsite
improvements to permanent line and grade in accordance with Chapter
19.32(Improvement Plans).
109. Approval of improvement plans shall in no way relieve the applicant or the
applicant's engineer of responsibility for the design of the improvements or frorn
any deficiencies resulting from the design, nor from compliance with any tentative
map condition of approval.
W
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
110. The applicant shall design and /or construct all required onsite and offsite
improvements to permanent line and grade in accordance with NBMC Chapter
19.36 (Completion of Improvements).
111. All subdivision improvement plans for arterial roadways within the Project and all
off -site City of Newport Beach roadways shall include the use of rubberized
asphalt, or pavement offering equivalent or better acoustical properties in
accordance with City standards. (SC4.12 -4)
112. All new utility lines to serve the project shall be installed in underground trenches.
113. Intersection design shall be approved by the Director of Public Works and comply
with City's sight distance standards.
114. All subdivision improvement plans shall include the use of light emitting diode
(LED) lights for street lights.
115. Subdivision improvement plans shall provide for the design and construction of
Ethernet traffic signal communication network improvements linking the new traffic
signal locations to the existing City traffic signal management system.
116. Subdivision improvement plans for roadway systems within the Project shall be
coordinated with the Orange County Transit Authority OCTA and the City to identify
locations, as applicable, for bus stops within the internal roadway system. If bus
turnout locations are identified during consultation with OCTA, the subdivision
improvement plans shall be designed to include the bus turnouts. (PDF 4.11 -3)
117. Subdivision improvement plans for Streets A, B, C, E, F, G, I and K shall be
designed to incorporate "Green Street" and other Low Impact Development
features such as bioswales and bio- cells, canopy street trees, traffic calming
features and minimal use of street lighting consistent with the requirements of the
NBR Master Development Plan, Appendix D, "Green and Sustainable Program."
(PDF4.4 -3)
118. All subdivision improvement plans shall include a drainage plan approved by the
Director of Public Works and Director of Community Development which is
designed to ensure that runoff systems from the Project to West Coast Highway
and the Semeniuk Slough will be stabilized and maintained through the Project's
drainage system. (PDF 4.4 -5)
119. Prior to approval of improvement plans for the pedestrian /bicycle bridge spanning
West Coast Highway, the applicant shall provide separate labor and material
improvement bonds or irrevocable letters of credit in a form and amount acceptable
to the Director of Public Works for 100% of estimated improvement cost, as
prepared by a Registered Civil Engineer and approved by the Director of Public
Works, for the construction of the pedestrian bridge.
30
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
120. All subdivision improvement plans shall conform to the following Fire Department
requirements:
a. Detailed plans of underground fire service mains shall be submitted to the Fire
Department for approval prior to installation. These plans shall be a separate
submittal to the Fire Department.
b. Blue hydrant identification markers shall be placed with new hydrants.
c. All weather access roads designed to support the 75,000 pound imposed load
of fire apparatus for year round weather conditions shall be installed and made
serviceable prior to and during time of construction for emergency personnel.
d. Fire apparatus access roads designed to support the 75,000 pound imposed
load of fire apparatus for year round weather conditions shall be maintained
and identified as per Newport Beach Guideline C.01 Emergency Fire Access
and C.02 Fire Lane Identification.
e. All security gates shall have knox locks for after hours emergency personnel
access to the construction site.
Release of Financial Securit
121. Prior to the release of financial security, the applicant shall demonstrate to the
satisfaction of the Director of Public Works and the Director of Community
Development that the Project CC &Rs have been approved by the City Attorney and
the appropriate Association(s) has been formed.
122. Prior to the release of financial security, the applicant shall demonstrate to the
satisfaction of the Director of Public Works that all survey monuments damaged or
destroyed are restored.
123. Prior to the release of financial security, the applicant shall submit as -built plans
prepared by a Registered Civil Engineer depicting all street, traffic signal, sewer,
water, and storm drain improvements and street signage and signage placements,
traffic markings and painted curbing, and all other required improvements shall be
completed to the satisfaction of the Director of Public Works.
124. Prior to the release of financial security, all domestic water and sewer systems shall
be fully tested in the presence of a City staff representative, to verify system
performance in accordance with design specifications.
125. Prior to the release of financial security the applicant shall execute an agreement to
the satisfaction of the Director of Public Works and the Director of Community
Development which designates the maintenance responsibilities for all landscaping
and irrigation systems in the Project.
126. Prior to the release of financial security the applicant shall submit as built plans at
an appropriate scale to the Director of Recreation and Senior Services showing as-
31
Exhibit B
Conditions of Approval
Tentative Tract Map No. 17308
built grading, trails, park improvements, and pedestrian bridge landing areas on
both sides of West Coast Highway (if the bridge is constructed).
127. Prior to the release of financial security the applicant shall demonstrate to the
satisfaction of the Director of the Municipal Operations Department that all
underground public utilities necessary for the construction of residential, resort, park
or commercial uses to proceed as indicated on Tentative Tract Map No. 17308 have
been completed in accordance with the approved Utilities Master Plan and that the
as -built plans for said improvements, prepared by a Registered Civic Engineer have
been submitted and approved by the Director of the Municipal Operations
Department.
128. Prior to the release of financial security, Sheet 1 of Tentative Tract Map No. 17308
shall be revised to indicate the home owner association (HOA) as responsible for
the maintenance of Lot 230 (South Community Park), indicating only the HOA as
responsible for the maintenance of Lot 233, and to indicate the proposed land use
for Lots F and Q as "Interpretive Park."
32
EXHIBIT C
Required Findings
Tentative Tract Map No. NT2008 -003
In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps)
of the Newport Beach Municipal Code, the following findings and facts in support of
such findings are set forth:
Finding:
A. That the proposed map and the design or improvements of the subdivision are
consistent will? the General Plan and any applicable specific plan, and with
applicable provisions of the Subdivision Map Act and this Subdivision Code.
Facts in Su000rt of Findin
A -1. The proposed tentative tract map provides lot configurations consistent with the
land uses, densities, and intensities of the Open Space /Residential Village
(OS /RV) land use designation established by the General Plan.
A -2. The proposed tentative tract map allows the development of a residential village,
containing a mix of housing types, limited supporting retail, visitor
accommodations, and active community parklands, with a majority of the
property preserved as open space.
A -3. The proposed tentative tract map provides for the development of a cohesive
planned community with a connective street system, pedestrian walkways and
trails.
A -4. The proposed tentative tract map provides public bluff top parks, which sets
development back from bluff faces and provides public views of the ocean,
wetlands, and surrounding open spaces.
A -5. The arterials and streets on the proposed tentative tract map are consistent with
the roadway specifications of the Master Plan of Streets and Highways of the
Circulation Element of the General Plan.
A -6. The proposed tentative tract map provides for the dedication of 21.8 gross acres
(18 net acres) of community parkland, which exceeds the project's obligation
under the Park Dedication Fee Ordinance and contributes towards the 20 to 30-
acre community park specified by the Land Use Element and Recreation
Element of the General Plan.
Finding:
B. That the site is physically suitable for the type and density of development.
1
EXHIBIT C
Required Findings
Tentative Tract Map No. NT2008 -003
Facts in Support of Finding:
B -1. The project site contains topographic and natural habitat constraints. However,
the proposed tentative tract map provides for development that is sited away of
buffered from the arroyos and bluffs and wetlands and other habitat areas.
B -2. There are no designated Alquist- Priolo Fault Zones within the project site and the
proposed tentative map provides of all habitable structures to be excluded from
fault setback zones.
B -3. The project site is a producing oil field. However, the project site would be
remediated and all the existing oil operations will be consolidated into two
locations.
B -4. There are no geologic or physical constraints that would prevent the
development of the site at the density proposed, or require variances or
deviations from the applicable City development standards.
Finding:
C. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure
fish or wildlife or their habitat. However, notwithstanding the foregoing, the
decision making body may nevertheless approve such a subdivision if an
environmental impact report was prepared for the project and a finding was made
pursuant to Section 21081 of the California Environmental Quality Act that
specific economic, social or other considerations make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Finding:
C -1. The design of the subdivision locates the majority of the development in the
eastern portion of the project site and adjacent to the developed areas, which
preserves larger, intact areas of high value habitat.
C -2. The proposed project would have direct and indirect impacts on habitat that
supports special status species. However, the draft environmental impact report
prepared for the project concluded that significant impacts to these habitats can
be mitigated to a less than significant level through mitigation measures. Even
though the project has no significant impacts to biological resources, the City has
identified specific project benefits and will adopt a statement of overriding
considerations if it decides to approve the project.
EXHIBIT C
Required Findings
Tentative Tract Map No. NT2008 -003
Finding
D. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems
Facts in Support of Finding:
D -1. There are no designated Alquist - Priolo Fault Zones within the project site and the
proposed tentative map provides of all habitable structures to be excluded from
fault setback zones.
D -2. While the project site is currently impacted primarily by petroleum hydrocarbons,
following testing, no contaminant levels were found to exceed the hazardous
concentration levels defined by State and federal guidelines.
D -3. The project site will be remediated and all the existing oil operations will be
consolidated into two locations.
D -4. The project is conditioned to comply with all Building, Public Works, and Fire
Codes, which are in place to prevent serious public health problems. Public
improvements will be required of the developer per Section 19.28.010 of the
Municipal Code and Section 66411 of the Subdivision Map Act.
Finding:
E. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision. In this connection, the decision making
body may approve a roap if it finds that alternate easements, for access or for
use, will be provided and that these easements will be substantially equivalent to
ones previously acquired by the public. This finding shall apply only to
easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or
use of property within a subdivision.
Facts in Support of Finding:
E -1. The project site contains existing public utilities easements. However, the design
of the subdivision and the type of improvements proposed present no conflict
with these easements. Existing easements will remain in their current
designated locations or will be modified to be substantially equivalent to ones
previously acquired by the public.
EXHIBIT C
Required Findings
Tentative Tract Map No. NT2008 -003
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision
Map Act, if the land is subject to a contract entered into pursuant to the California
Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or
the subdivision will result in residential development incidental to the commercial
agricultural use of the land.
Facts in Support of Finding:
F -1. The project site does not contain prime farmland, unique farmland, or farmland of
statewide importance and no portion of the project site is covered by a
Williamson Act contract.
Finding:
G. That, in the case of a 'land project' as defined in Section 11000.5 of the
California Business and Professions Code: (1) There is an adopted specific plan
for the area to be included within the land project; and (2) the decision making
body finds that the proposed land project is consistent with the specific plan for
the area.
Facts in Support of Finding:
G -1. The project is not located in a specific plan area.
Finding:
H. That solar access and passive healing and cooling design requirements have
been satisfied in accordance with Sections 66473.1 and 66475.3 of the
Subdivision Map Act.
Facts in Support of Finding:
H -1. The proposed tentative tract map and improvements are subject to Title 24 of the
California Building Code that requires new construction to meet minimum heating
and cooling efficiency standards depending on location and climate. The Newport
Beach Building Department enforces Title 24 compliance through the plan check
and inspection process.
H -2. Single- family detached residential roofs, commercial building roofs, and
homeowners association -owned public building roofs, which have adequate solar
orientation shall be designed to be compatible with the installation of photovoltaic
panels or other current solar power technology.
0
EXHIBIT C
Required Findings
Tentative Tract Map No. NT2008 -003
Finding:
1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map
Act and Section 65584 of the California Government Code regarding the City's
share of the regional housing need and that it balances the housing needs of the
region against the public service needs of the City's residents and available fiscal
and environmental resources.
Facts in Support of Finding:
1 -1 The Affordable Housing Implementation Plan (AHIP) for the proposed project
proposes the construction of a minimum of 50 percent of the required affordable
housing on the project site. The remaining affordable housing obligation may be
met through the payment of in -lieu fees; the construction of off -site affordable
housing including the rehabilitation of existing off -site housing that would
contribute to meeting the City's Regional Housing ' Needs Assessment (RHNA)
requirements; land dedication for affordable housing; or a combination thereof.
Finding:
J. That the discharge of waste from the proposed subdivision into the existing
sewer system will not result in a violation of existing requirements prescribed by
the Regional Water Quality Control Board.
Facts in Su000rt of Findin
J -1. The City has adequate sewer system capacity to serve the requirements of the
proposed project. The proposed project would be able to tie into the existing
sewer system without adversely affecting the system or causing any water quality
affects or violating existing requirements prescribed by the Regional Water
Quality Control Board.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the
subdivision conforms with the certified Local Coastal Program and, where
applicable, with public access and recreation policies of Chapter Three of the
Coastal Act.
Facts in Support of Finding:
K -1. The project site is entirely within the Coastal Zone, but is not located within a
certified Local Coastal Program. The City has a certified Coastal Land Use Plan
5
EXHIBIT C
Required Findings
Tentative Tract Map No. NT2008 -003
(CLUP), but not a certified Implementation Plan. The CLUP designates the
project site as a Deferred Certification Area; therefore, the policies of the CLUP
area not applicable to the project site.
K -2. The proposed subdivision design conforms with the public access and recreation
policies of the Chapter Three of the Coastal Act.
a. The proposed project would provide several miles of off- street multi -use
public trails, on- street public bike trails, and pedestrian paths for pedestrians
and bicyclists.
b. The trails would provide connections to on -site land uses and habitat areas
and would connect to the existing regional trail system, other parks, and open
space areas.
c. The proposed pedestrian and bicycle bridge over West Coast Highway would
provide access to bike lanes and pedestrian sidewalks on the south side of
West Coast Highway and to the beach.
d. The public parks, trails, and interpretive areas would be available for active
and passive recreation uses by residents and visitors.
e. To facilitate public access, public parking areas will be provided at park and
recreational areas and along most streets within the project site.
A
EXHIBIT D
Required Findings
Traffic Study No. TS2008 -002
In accordance with Section 15.40.030 (Traffic Phasing Ordinance) of the Newport
Beach Municipal Code (NBMC), the following findings and facts in support of such
findings are set forth:
Finding:
A. That a traffic study for the project has been prepared in compliance with this
chapter and Appendix A [Chapter 15.30 NBMC].
Facts in Support of Finding:
A -1. A traffic study, entitled Traffic Impact Analysis for Newport Banning Ranch in the
City of Newport Beach, prepared by Kimley -Horn and Associates, Inc.,
2011(traffic study), was prepared for the project in compliance with Municipal
Code Chapter 15.40 (Traffic Phasing Ordinance and Appendix A).
Finding:
B. Thal, based on the weight of the evidence in the administrative record, including
the traffic study, one of the findings for approval in subsection (B) [Section
15.40.030.13 NBMC] can be made.
Facts in Support of Finding:
B -1. Based on the weight of the evidence in the administrative record, including the
traffic study, mitigation measures, and the conditions of approval, all of the
findings for approval in Section 15.40.030.B.2 can be made. Section
15.40.030.B.2 NBMC states:
2. The project is a Comprehensive Phased Land Use Development and
Circulation System Improvement Plan with construction of all phases not
anticipated to be complete within sixty (60) months of project approval; and
a. The project is subject to a development agreement which requires the
construction of, or contribulions to, circulation improvements early in the
development phasing program, and
b. The traffic study contains sufficient data and analysis to determine if that
portion of the project reasonably expected to be constructed and ready for
occupancy within sixty (60) months of project approval satisfies the
provisions of subsections (B)(1)(a) or (B)(1)(b), and
c. The Land Use and Circulation Elements of the General Plan are not made
inconsistent by the impact of project trips (including circulation
improvements designed to mitigate the impacts of project Gips) when
1
EXHIBIT D
Required Findings
Traffic Study No. TS2008 -002
added to the trips resulting from development anticipated to occur within
the City based on the Land Use Element of the General Plan and Zoning
Ordinance, and
d. The project is required, during the sixty (60) month period immediately after
approval, to construct circulation improvement(s) such that:
(1) Project trips will not cause or make worse an unsatisfactory level of
traffic service at any impacted primary intersection for which there is a
feasible improvement,
(2) The benefits resulting from circulation improvements constructed or
funded by, or contributions to the preparation or implementation of a
traffic mitigation study made by, the project proponent outweigh the
adverse impact of project trips at any impacted primary intersection for
which there is (are) no feasible improvement(s) that would, if
implemented, fully satisfy the provisions of Section 15.40.030
(B)(1)(b). In balancing the adverse impacts and benefits, only the
following improvements and /or contributions shall be considered with
the greatest weight accorded to the improvements and /or
contributions described in subparagraphs (a) or (b):
(a) Contributions to the preparation of, and /or irnplennentation of
some or all of the recommendations in, a traffic mitigation study
related to an impacted primary intersection that is initiated or
approved by the City Council,
(b) Improvements, if any, that mitigate the impact of project trips at
any impacted primary intersection for which there is (are) no
feasible improvement(s) that, if implemented, would fully satisfy
the provisions of Section 15.40.030 (B)(1)(b),
(c) Improvements that mitigate the impacts of project trips on any
impacted primary intersection in the vicinity of the project,
(d) Improvements that mitigate the impacts of project trips on any
impacted primary intersection operating, or projected to operate,
at or above 0.80 ICU.
B -2. The proposed project meets the requirements for a Comprehensive Phased Land
Use Development and Circulation System Improvement Plan as the project is
subject to conditions of approval that require the construction of, or contributions
to, circulation improvements early in the development phasing program.
EXHIBIT D
Required Findings
Traffic Study No. TS2008 -002
B -3. The traffic study analyzed the worst -case scenario where the proposed project
would be completed within 60 months, which was considered in the study as
being 2016.
B -4. The traffic study found that the following intersection is projected to exceed the
Level of Service (LOS) " D' standard in the City of Newport Beach:
O Newport Boulevard at West Coast Highway (AM LOS E: project Impact
0.024)
and the following intersections are projected to exceed the LOS D standard in the
City of Costa Mesa:
• Newport Boulevard at Victoria StreeU22nd Street (AM: LOS F; no project
impact)
• Monrovia Avenue at 19 °i Street (AM: LOS E; project impact to
unsignalized intersection)
• Newport Boulevard at 191" Street (AM: LOS E; project impact: 0.051)
• Newport Boulevard at Harbor Boulevard (PM: LOS F; project impact:
0.079)
• Newport Boulevard at 181" Street/Rochester Street (PM: LOS F; project
impact: 0.080)
• Pomona Avenue at 171" Street (PM: LOS E; project impact to unsignalized
intersection)
• Superior Avenue at 17 °t Street (PM: LOS E; project impact: 0.165)
• Newport Boulevard at 171h Street (PM: LOS E; project impact: 0.036)
B -5. The traffic study found the following improvements to the intersection of Newport
Boulevard at West Coast Highway would result in the project not causing or
making worse an unsatisfactory level of service at this intersection:
O Restripe southbound approach to provide one exclusive right -turn lane,
shared right/left-turn lane, and one exclusive left -turn lane on Newport
Boulevard.
B -6. The traffic study found the following improvements to the intersections identified
as being significantly impacted by the proposed project in Costa Mesa would
41
EXHIBIT D
Required Findings
Traffic Study No. TS2008 -002
result in the project not causing or making worse an unsatisfactory level of
service at these intersections:
4 Monrovia Avenue /19th Street: Install signal
• Newport Boulevard /19th Street: Add a second southbound left -turn lane
on Newport Boulevard
• Newport Boulevard /Harbor Boulevard: Add fourth southbound through
lane on Newport Boulevard
• Newport Boulevard /18th Street (Rochester St): Convert southbound right -
turn lane to a shared through /right lane on Newport Boulevard
C Pomona Avenue /17th Street: Install signal
U Superior Avenue /17th Avenue: Convert westbound approach to provide
one left, one shared /left, one through, and one dedicated right -turn lane
O Newport Boulevard /17th Street: Add fourth southbound through lane and
one dedicated northbound right -turn lane
B -7. Mitigation Measure MM 4.9 -2 of the Mitigation, Monitoring, and Reporting
Program requires the applicant to make best efforts to negotiate in good faith to
arrive at fair and responsible arrangements to either pay fees and /or construct
the required improvements for the seven intersections within Costa Mesa that
were identified as being significantly impacted by the proposed project.
Furthermore, Mitigated Measure MM4.9 -2 is intended to require the applicant to
either pay fees and /or construct the required improvements during the 60 months
immediately following final approval of the proposed project. However, because
the City cannot impose improvements to the Costa Mesa intersections, for
purposes of the City's Traffic Phasing Ordinance, the subject intersections are
being treated as though there are not feasible improvements.
B -8. The proposed restriping the southbound approach of Newport Boulevard at West
Coast Highway to provide a right -turn lane, shared right/left turn lane and left -turn
lane is an improvement identified in the Circulation Element of the General Plan,
and therefore a feasible improvement under the Traffic Phasing Ordinance. The
conditions of approval require the restriping occur in the early phase of
development, upon issuance of a certificate of occupancy for the first building
constructed in the South Family Village or Resort Colony areas of the project.
The traffic study determined, based on sufficient data and analysis, that the
proposed project under a worst -case scenario of full build -out by 2016, when
taken together with the circulation improvement, will not cause nor make worse
Ill
EXHIBIT D
Required Findings
Traffic Study No. TS2008 -002
an unsatisfactory level of traffic service at Newport Boulevard and West Coast
Highway.
B -9. The proposed project does not result in an inconsistency between the Land Use
Element and the Circulation Element of the General Plan by the impact of project
trips (inclu ding circulation improvements designed to mitigate the impacts of
project trips) when added to the trips resulting from development anticipated to
occur within the City based on the Land Use Element of the General Plan and
Zoning Code. The development included in the proposed project is consistent
with the General Plan. Off -site mitigation improvements proposed within the City
of Newport Beach are also included in the Circulation Element.
B -10. Based on the public benefits outlined in the Statement of Overriding
Considerations, the proposed project will result in benefits that outweigh the
project's impact on the City's circulation system
Finding:
C. That the project proponent has agreed to make or fund the improvements, or
make the contributions, that are necessary to make the findings for approval and
to comply with all conditions of approval.
Facts in Support of Findin
C -1. Concept plans depicting the recommended on -site arterial improvements are
included in the resolution of approval and conditions of approval for the Tentative
Tract Map for the proposed project.
C -2. Mitigation Measure MM 4.9 -1 the Mitigation, Monitoring, and Reporting Program
requires the applicant to implement the City transportation improvement
mitigation program for the project and identifies the applicant's fair -share
responsibility for the improvements.
C -3. Mitigation Measure MM 4.9 -2 of the Mitigation, Monitoring, and Reporting
Program require that the applicant make best efforts to negotiate in good faith to
arrive at fair and responsible arrangements to either pay fees and /or construct
the required improvements in lieu of the payment of fees to be negotiated with
the City of Costa Mesa.
EXHIBIT E
Required Findings
Affordable Housing Implementation Plan No. AH2008 -001
In accordance with Section 19.54.070.D (Alternatives to On -Site Construction) of the
Newport Beach Municipal Code (NBMC), the following findings and facts in support of
such findings are set forth:
Finding:
A. The purpose of this chapter (Chapter 19.54) would be served by the
implementation of the proposed alternative.
Facts in Support of Finding:
A -1. The applicant has submitted an Affordable Housing Implementation plan (AHIP)
that contains alternative methods to on -site construction of affordable units.
A -2. The AHIP proposes the construction of a minimum of 50 percent of the required
affordable units on the project site. The remaining affordable housing obligation
may be met through the payment of in -lieu fees; the construction of off -site
affordable housing including the rehabilitation of existing off -site housing that
would contribute to meeting the City's Regional Housing Needs Assessment
(RHNA) requirements; land dedication for affordable housing; or any combination
these methods.
A -3. The AHIP serves the purpose of the City's Inclusionary Housing Ordinance by
providing a range of strategies, including on -site new construction, off -site new
construction, rehabilitation of existing units, payment of in -lieu fees, and /or land
dedication to provide a variety of housing types and opportunities for all social
and economic segments, including very low -, low -, and moderate- income
households.
Finding:
B. The units provided are located within the City and are consistent with the
requirements of this chapter [Chapter 19.54 NBMC).
Facts in Support of Finding:
B -1. The project site is proposed to be annexed to the City and the project will not be
implemented unless the annexation occurs.
B -2. The AHIP requires any affordable units provided off -site, either through new
construction or through renovation and restriction of existing housing units, to be
located within the boundaries of the City of Newport Beach.
B -3. The AHIP complies with the affordability requirement of Section 19.54.040.A
NBMC by providing that 15 percent of all new housing units constructed by the
EXHIBIT E
Required Findings
Affordable Housing Implementation Plan No. AH2O08 -001
project be affordable to moderate income households. Section 19.54.040.A.1
provides that a lower percent of affordable units may be approved as part of an
AHIP, if the project includes units for very low- income households. The AHIP
provides that the affordable units be comprised of either 5 percent Very Low
Income or 10 percent Low Income or 15 percent Moderate Income or a
combination of all of these income levels.
B -4. The AHIP requires all affordable units provided will be restricted, as enforced
though a Affordable Housing Implementation Agreement with the City, to ensure
that the unit remains affordable to very low -, low -, or moderate - income
households for a 30 -year period.
B -5. Affordable Housing Implementation Agreements will be executed and recorded at
each phase of development for affordable units to be constructed within that
phase, or for land proposed to be dedicated, or for any in -lieu fees to be paid.
B -6. The AHIP requires that renovation of existing off -site units to affordable units to
comply with the requirements of Section 19.54.070.B NBMC.
B -7. The AHIP requires that any land dedications for affordable housing to comply
with requirements of Section 19.54.070.0 NBMC.
Finding:
C. It would not be feasible or practical to construct the units 017 site.
Facts in Support of Finding:
C -1. The AHIP requires that a minimum of 50 percent of the required affordable units
be construction on site.
C -2. The project site is constrained by the topography and sensitive habitat areas.
Furthermore, policies of the General Plan require that a majority of the project
site be preserved as open space. Therefore, the project site has limited area for
residential development.
C -3. Implementation of the AHIP will be evaluated at each development phase which
will include consideration of off -site affordable units, dedication of land or the
payment of in -lieu fees. The conclusion of this evaluation will be subject to an
Affordable Housing Implementation Agreement between the applicant and the
City of Newport Beach.
Poewpod Banning Ranch
Slalemenl of Overriding Considemlions
EXHIBIT F
STATEMENT OF OVERRIDING CONSIDERATIONS
Introduction
The City is the Lead Agency under CEQA for preparation, review, and certification of the Final
EIR for the Newport Banning Ranch Project. As the Lead Agency, the City is also responsible
for determining the potential environmental impacts of the proposed action and which of those
impacts are significant, and which can be mitigated through imposition of mitigation measures to
avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead
Agency to balance the benefits of a proposed action against its significant unavoidable adverse
environmental impacts in determining whether or not to approve the proposed Project. In
making this determination the City is guided by State CEQA Guidelines Section 15093 which
provides as follows:
CEQA requires the decision- making agency to balance, as applicable, the
economic, legal, social, technological, or other benefits, including region -wide or
statewide environmental benefits, of a proposed project against its unavoidable
environmental risks when determining whether to approve the project. If the
specific economic, legal, social, technological, or other benefits, including region -
wide or statewide environmental benefits, of a proposal (sic) project outweigh the
unavoidable adverse environmental effects, the adverse environmental effects
may be considered "acceptable."
When the lead agency approves a project which will result in the occurrence of
significant effects which are identified in the final EIR but are not avoided or
substantially lessened, the agency shall state in writing the specific reasons to
support its action based on the final EIR and/or other information in the record.
The statement of overriding considerations shall be supported by substantial
evidence in the record.
If an agency makes a statement of overriding considerations, the statement
should be included in the record of the project approval and should be mentioned
in the notice of determination. This statement does not substitute for, and shall
be in addition to, findings required pursuant to Section 15091.
In addition, Public Resources Code Section 21081(b) requires that where a public agency finds
that specific economic, legal, social, technological, or other considerations, including
considerations for the provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or alternatives identified in an EIR and thereby leave
significant unavoidable effects, the public agency must also find that overriding economic, legal,
social, technological, or other benefits of the project outweigh the significant effects of the
project.
Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section
15093, the City has balanced the benefits of the proposed Project against the following
unavoidable adverse impacts associated with the proposed Project and has adopted all feasible
mitigation measures with respect to these impacts. The City also has examined alternatives to
the proposed Project, none of which both meet the Project objectives and is environmentally
preferable to the proposed Project for the reasons discussed in the Findings and Facts in
Support of Findings.
Newpod Banning Ranch
Slalement of Overriding Considerations
The Newport City of Beach City Council, the Lead Agency for this Project, and having reviewed
the Final EIR for the Newport Banning Ranch Project, and reviewed all written materials within
the City's public record and heard all oral testimony presented at public hearings, adopts this
Statement of Overriding Considerations, which has balanced the benefits of the Project against
its significant unavoidable adverse environmental impacts in reaching its decision to approve
the Project.
Significant Unavoidable Adverse Environmental Impacts
Although most potential Project impacts have been substantially avoided or mitigated, as
described in the Findings and Facts in Support of Findings, there remain some Project impacts
for which complete mitigation is not feasible. For some impacts, mitigation measures were
identified and adopted by the Lead Agency, however, even with implementation of the
measures, the City finds that the impact cannot be reduced to a level of less than significant.
The impacts and alternatives are described below and were also addressed in the Findings.
The EIR identified the following unavoidable adverse impacts of the proposed Project:
Land Use. The City of Newport Beach Zoning Code (October 2010) defines compatibility as
"The characteristics of different uses of activities that permit them to be located near each other
in harmony and without conflict. Elements affecting compatibility include: intensity of occupancy,
pedestrian or vehicular traffic generated, volume of goods handled, and environmental effects
(e.g., air pollution, glare, hazardous materials, noise, vibration, etc.) ". Therefore, land use
incompatibility can occur where differences between nearby uses result in significant noise
levels and significant traffic levels, among other factors, such that project - related significant
unavoidable direct and indirect impacts impede use of the existing land uses as they were
intended. The proposed Project would result in a land use incompatibility with respect to long-
term noise and night illumination on those Newport Crest residences immediately contiguous to
the Project site. The City of Newport Beach General Plan Final EIR found that the introduction
of new sources of lighting associated with development of the site would be considered
significant and unavoidable. In certifying the General Plan Final EIR and approving the General
Plan project, the City Council approved a Statement of Overriding Considerations which notes
that there are specific economic, social, and other public benefits that outweigh the significant
unavoidable impacts associated with the General Plan project. In addition, there would be a
potential long -range noise impacts for residents on 17'h Street west of Monrovia Avenue. For
noise, though mitigation is proposed, noise impacts would remain significant if the residents of
Newport Crest elect not to implement the mitigation measures to reduce the increased interior
noise levels and if the City of Costa Mesa does not implement the recommended measure of
resurfacing the street with rubberized asphalt.
Aesthetics and Visual Resources. The proposed Project would include "dark sky" lighting
regulations set forth in the Newport Banning Ranch Development Planned Community (NBR-
PC) zoning regulations that would apply to businesses (e.g., resort inn and neighborhood
commercial uses) and Homeowners Association -owned and operated land uses within 100 feet
of the Open Space Preserve. However, the Project would introduce nighttime lighting into a
currently unlit area. The Project would result in night lighting impacts that are considered
significant and unavoidable. The City of Newport Beach General Plan Final EIR found that the
introduction of new sources of lighting associated with development of the site would be
considered significant and unavoidable. In certifying the General Plan Final EIR and approving
the General Plan project, the City Council approved a Statement of Overriding Consideration
which noted that there were specific economic, social, and other public benefits which
outweighed the significant unavoidable impacts associated with the General Plan project.
69
Newport Banning Ranch
statement of Overdoing Considerations
Transportation and Circulation, The Project would have impacts on select intersections in the
City of Costa Mesa. Implementation of Mitigation Measure (MM) 4.9 -2 would mitigate the
Project's impact to a level considered less than significant. However, the City of Newport Beach
cannot impose mitigation on another jurisdiction or agency. Therefore, if the Applicant is unable
to reach an agreement with the City of Costa Mesa and the California Department of
Transportation (Caltrans) that would ensure that Project impacts occurring in Costa Mesa and
Slate highways would be mitigated concurrent with or preceding the impact, for purposes of this
EIR, the impacts to be mitigated by the improvements would remain significant and
unavoidable. The following impacts were identified with the various traffic scenarios evaluated:
— Existing Plus Project— Intersections identified as deficient are: (1) Newport Boulevard
at Harbor Boulevard; (2) Newport Boulevard at 18'h Street/Rochester Street; and (3)
Superior Ave at 17'h Street. (This scenario assumes all development occurs at once,
which is not an accurate reflection of the timing of development for the proposed
Project.)
— Year 2016 With Project Transportation Phasing Ordinance (TPO) — Intersections
identified as deficient are: (1) Monrovia Avenue at 19" Street; (2) Newport Boulevard at
19" Street; (3) Newport Boulevard at Harbor Boulevard; (4) Newport Boulevard at 18't'
Street/Rochester Street; (5) Pomona Avenue at 17'h Street; (6) Newport Boulevard at
17'h Street; (7) Superior Avenue at 17'h Street; and (8) Newport Boulevard at West Coast
Highway.
— Year 2016 With Phase 1 Project TPO — Intersections identified as deficient are: (1)
Newport Boulevard at Harbor Boulevard; (2) Newport Boulevard at 18'h Street/Rochester
Street; and (3) Newport Boulevard at West Coast Highway.
— Year 2016 Cumulative With Project — Intersections identified as deficient are:
(1) Monrovia Avenue at 19'h Street; (2) Newport Boulevard at 19'h Street; (3) Newport
Boulevard at Harbor Boulevard; (4) Newport Boulevard at 18'h Street/Rochester Street;
(5) Pomona Avenue at 17'h Street; (6) Newport Boulevard at 17'4 Street'; (7) Superior
Avenue at 17'h Street; and (8) Newport Boulevard and West Coast Highway.
— Year 2016 Cumulative With Phase 1 Project — Intersections identified as deficient are:
(1) Newport Boulevard at Harbor Boulevard and (2) Newport Boulevard at 18'h
Street/Rochester Street.
— General Plan Buildout with Project — Intersections identified as deficient are:
(1) Newport Boulevard at Harbor Boulevard and (2) Newport Boulevard at
18 "' Street/Rochester Street.
Air Quality. During periods of grading, localized large and fine particulate matter (PM10 and
PM2.5) concentrations may exceed the South Coast Management District's (SCAQMD's) CEQA
significance thresholds at the property lines but would not likely exceed ambient air quality
standards. Localized concentrations of carbon monoxide (CO) and nitrogen dioxide (NOO due
to construction activities would not exceed the applicable CEQA thresholds. Regional (mass)
emissions of criteria pollutants during construction activities would not exceed the applicable
thresholds.
The Newport Boulevard at 17 Street intersection has a Project - related impact using the Highway Capacity
Manual (Caltrans methodology), as well as an impact using the Intersection Capacity Utilization methodology:
70
Newpon Banning Ranch
Slalenwnl of Overridino Considetalions
Long -term operational emissions of criteria pollutants would not exceed the SCAQMD mass
emissions thresholds from initial occupancy through 2020. However, as Project development
continues beyond 2020, emissions of volatile organic compounds (VOCs), CO, and PM10 would
exceed the significance thresholds, principally due to vehicle operations. Feasible mitigation
measures would be implemented to reduce operational emissions, although the effects of such
mitigation are not quantifiable. Localized concentrations of CO at congested intersections world
not exceed ambient air quality standards or CEQA significance thresholds.
The Project would have a significant cumulative air quality impact because its contribution to
regional pollutant concentrations would be cwnulatively considerable.
Greenhouse Gas Emissions. The Project would emit quantities of GHGs that would exceed
the City's 6,000 metric tons of carbon dioxide equivalent per year (MTCO2e /yr) significance
threshold. The Project would make a cumulatively considerable contribution to the global GHG
inventory affecting Global Climate Change.
Noise. For the Existing Plus Project, 2016 with Project, and General Plan Buildout scenarios,
the increased traffic volumes on 17'h Street west of Monrovia Avenue in Costa Mesa, would
expose sensitive receptors to noise levels that would also exceed significance thresholds in the
City of Costa Mesa. MM 4.12 -5 requires the Applicant to provide funds to the City of Costa
Mesa to resurfacing the street with rubberized asphalt; however, the City of Newport Beach has
no ability to assure that the mitigation would be implemented. Therefore, the forecasted noise
impact to residents of 17'h Street west of Monrovia is considered significant and unavoidable.
For portions of the Newport Crest condominium development, there would be a significant
increase in the ambient noise level due to the projected traffic volumes in the buildout condition.
MM 4.12 -6 would reduce impacts to levels within the "Clearly Compatible" or "Normally
Compatible" classifications. However, the long -tern noise increases at some Newport Crest
residences from vehicular traffic noise from Bluff Road due to Project and cumulative traffic
levels would remain above the General Plan's 5 A- weighted decibels (dBA) significance
criterion. MM 4.12 -7 would provide interior noise attenuation, but because the City of Newport
Beach does not have the authority to mandate the implementation of mitigation on private
property that is not on the Project site, the impact would be significant and unavoidable.
Use of construction equipment would result in a substantial temporary increase in ambient noise
levels to nearby noise - sensitive receptors in the vicinity of the Project. Due to the low existing
ambient noise levels, the proximity of the noise - sensitive receptors, and duration of construction
activities, the temporary noise increases would be significant and unavoidable.
In addition, the EIR identified six alternatives to the Project and analyzed whether these
alternatives could avoid or substantially lessen the unavoidable environmental impacts of the
proposed Project. While some of the alternatives could lessen or avoid some of the unavoidable
impacts of the proposed Project, some of the alternatives also resulted in different and in some
cases, increased environmental impacts, consequently, for the reasons set forth in Section 6 of
these Findings, none of the alternatives were determined to be feasible:
C Alternative A: No Action /No Development Alternative (Continuation of Existing Land
Uses).
• Alternative B: Newport Beach General Plan /Open Space Designation.
• Alternative C: Proposed Project with Bluff Road Extending to 17" Street
• Alternative D: Reduced Development and Development Area.
71
Newport Banning Ranch
Statement of
G Alternative E: Reduced Development Area.
G Alternative F: Increased Open Space/Reduced Development Area.
The City, after balancing the specific economic, legal, social, technological, and other benefits
including region -wide or statewide environmental benefits, of the proposed Project, has
determined that the unavoidable adverse environmental impacts identified above may be
considered acceptable due to the following specific considerations which outweigh the
unavoidable, adverse environmental impacts of the proposed Project, each of which standing
alone is sufficient to support approval of the Project, in accordance with CEQA Section 21081(b)
and State CEQA Guideline Section 15093.
Long -term protection of over 50 percent of the Project site as natural open space
and habitat consistent with the City's General Plan
The City's General Plan Policy LU 3.4 prioritizes the acquisition of Banning Ranch as an
open space amenity for the community and region, to enhance wetlands and other
habitats and provide parkland amenities to serve nearby neighborhoods. In order to
Implement this policy, LU 6.3.2 recognizes the need to obtain sufficient funds through
private fundraising, State bonds, environmental mitigation fees, or other financing
mechanisms, none of which have been identified to date. As the General Plan
acknowledges, "due to the significant cost of purchasing the site and habitat restoration,
a large amount of revenue would need to be generated to help fund preservation of the
majority of the property as open space ". (Housing Element at page 5 -43)
Consistent with General Plan Policy LU 3.4, the Project will implement a comprehensive
Habitat Restoration Plan that encompasses approximately 235 gross acres of the
Project site and would provide for the restoration of wetlands and other habitat areas,
and the preservation and long -term maintenance of existing open space, sensitive
habitats and additional restored and created habitats at no cost to the public.
2. New public and coastal access will be provided
The Project would make available to the public a site that has been privately -owned and
closed to the public since the 1940s. It would provide new public and coastal access
through construction of a road connection to West Coast Highway and the beach and
access to open space and trails,. The Project would also provide approximately 475 new
public parking spaces in the coastal zone.
3. Dedication and improvement of land for public park, recreational, and open space
purposes in excess of the requirements of California law and City ordinances
In addition to the restoration and long -term preservation of natural open space and
habitat areas described above in #1, above, the City's General Plan also contemplates
the provision of parkland amenities to serve nearby Neighborhoods and City residents in
general. Under the General Plan's Primary Use as open space, in addition to the costs
of property acquisition, the City and its residents would be responsible for funding the
cost of park improvements. The Project provides approximately 21.8 gross acres of
public community parkland and improvements. As described below, the Project's
parkland dedication and improvements exceed the parkland dedication requirements
under State law and provide significant open space and recreational benefits to the City
and its residents.
Newport Banning Ranch
Statement or Oveinding Consideialions
Government Code Section 66477 (commonly known as the "Quimby Act ") allows a city
to require the dedication of land or require the payment of fees for park and recreational
purposes as a condition to the approval of a tentative map. The Quimby Act establishes
limits on the amount of land that is required to be dedicated. Based on the number of
dwelling units proposed, the Project would be required to dedicate approximately 15
acres of parkland only. The Project would both dedicate land and provide improvements
to the following parks and recreational trails. The public parks, recreational and open
space provided by the Project are as follows:
• The improvement of the North Community Park and the Central Community
Park, totaling 21.8 gross acres (18 net acres);
• The improvement of Bluff Park and the Interpretive Parks in accordance with the
Newport Banning Ranch Master Development Plan, totaling 24.6 gross acres;
• The improvement of a trail system through open space areas in accordance with
the Newport Banning Ranch Master Development Plan, totaling approximately
seven miles of trails throughout the Project site; and
• The improvement of coastal public access via a Pedestrian and Bicycle Bridge
from the Project site across West Coast Highway to the beach.
4. Comprehensive oilfield abandonment which expedites habitat restoration and
protection
The Newport Banning Ranch property is an active, operating oilfield. In addition, as an
active, operating oilfield, and as detailed in the City's General Plan, if acquisition of the
property were pursued through public funds, additional funds would have to be identified
by the City to pay for the costs of habitat restoration and parkland improvements.
Further, the City and public would be required to either allow the oil operator to continue
its operations until oil operations cease, or pay for the consolidation, clean up and
remediation of the oilfield to implement the habitat and parkland goals of the City's
General Plan. The Project provides for the consolidation of the existing oil operations
into two areas thereby permitting oilfield abandonment and clean up to commence on
the remainder of the Project site in advance of when they would have occurred. The
costs of the comprehensive oilfield abandonment and remediation would not have to be
funded by the City or the public. In addition, the oil operation consolidation would allow
for habitat restoration activities to occur in advance of when it would have absent the
Project's ability to require consolidation.
Provision of areawide water quality benefits
The Project is designed to include water quality basins that are proposed to be sized to
treat off -site urban run -on from areas of the Cities of Costa Mesa and Newport Beach
developed with commercial, industrial and residential uses. These areas currently drain
through the Project site and flow untreated into the Project's lowland areas and to the
Semeniuk Slough. The water quality basin would also capture and treat on -site urban
runoff from within the Project. The 103 -acre Semeniuk Slough is identified in the City's
Coastal Land Use Plan as an Environmental Study Area which is characterized by open
estuarine, southern coastal salt marsh, and ornamental plant communities. Potential
impacts to the Semeniuk Slough include water quality degradation and sediment build-
up. (Coastal Land Use Plan at pages 4 -15 and 4 -16) By capturing and treating this urban
runoff, the Project would provi de significant water quality benefits to the Semeniuk
Slough.
73
Newpoil Banning Ranch
Slalemenf or Overriding Considomlions
6. Payment to City of a public benefit fee
In addition to any other fee or charge to which the Project would be required to pay, the
Project would to the City a public benefit fee of approximately $30,909 for each market
rate residential unit constructed on the property
Net fiscal benefits to the City
The Fiscal Impact Analysis of the Proposed Newport Banning Ranch Annexation to the
City of Newport Beach prepared by Applied Development Economics concluded that the
Project would have a net fiscal benefit of nearly $2 million per year if all of the proposed
land uses are fully developed. Furthermore, even if the resort Inn and retail and service
commercial uses are not developed, the Project would have a net fiscal benefit of nearly
$1.4 million per year.
Provide a variety of housing opportunities within the City consistent with the
City's General Plan
The City's Housing Element establishes as a goal: A balanced residential community,
comprised of a variety of housing types, designs, and opportunities for all social and
economic segments. (Housing Element Goal H2) The Project would provide a wide
range of housing types from single - family detached to higher density attached and multi-
family units that would provide a variety of housing opportunities within one site — a
feature not available in many other areas of the City or new developments elsewhere in
the City due to the limited number of sites and the sizes of parcels available for new
residential development. In addition, the Project would provide a minimum of 50 percent
of its affordable housing requirements on site which would provide greater opportunities
for all segments of the City's population to enjoy living on the Project site.
9. Fire station improvements
The Project would contribute up to $700,000 towards the redevelopment of Newport
Beach Fire Station No. 2, and in the event the redevelopment of a station is not
completed by the City prior to development of certain areas of the Project site, the
Project would make available an on -site location for a temporary fire station.
10. Sustainable Design
In addition to its emphasis on a mix of uses and housing opportunities, the Newport
Banning Ranch Project is designed to be a sustainable and green community that
provides energy efficiency and resource conservation to reduce the Project's
greenhouse gas emissions, consistent with AB 32. The following Project components
implement sustainability:
The Project would provide a network of public pedestrian and bicycle trails to
reduce auto dependency by connecting proposed residential neighborhoods to
parks and open space within the Project site and to off -site recreational
amenities, such as the beach and regional parks and trails. The Project would
coordinate with the Orange County Transportation Authority to allow for transit
routing through the Project site.
The Project is registered under the Leadership in Energy and Environmental
Design- Neighborhood Development (LEED -ND) Program, and will be consistent
74
11
Newpod Banning Ranch
Statement or Ovevidine Considerations
with the program's green building requirements
The Project provides compact development patterns by concentrating
development in two main clusters which minimize habitat fragmentation and
provides larger, more contiguous areas for open space protection, habitat
restoration and parkland.
The Project would implement a "dark sky" lighting program to minimize light
spillage into adjacent native habitat areas.
The Project would exceed adopted 2008 Title 24 energy conservation
requirements by a mininIUM of 5 percent.
C The Project would require that all residential development incorporate low water
use appliances; Smart Controller irrigation systems; Freon -free air conditioning
units; multimetering "dashboards' in each dwelling unit to visualize real -time
energy use; and solar orientation of structures to promote compatibility with the
installation of photovoltaic panels or other current solar power technology.
Y The Project has provisions for parking spaces for electric or hybrid vehicles and
installation of facilities for Level 2 electric vehicle recharging.
The Project would implement remediation and cleanup of the oilfield, which
includes the ability to recycle and properly dispose on -site oilfield materials.
Additionally, the treatment and cleaning of impacted soils would be done on site
which significantly reduces the potential export of oil field materials and impacted
soils.
G The Project would also increase construction waste diversion by 50 percent from
2010 requirements; and recycle and reuse construction materials onsite to
minimize off -site hauling and disposal of materials.
Circulation Improvements
The Project, through an agreement with the City of Costa Mesa, will fund intersection
improvements for intersections in that City. Although outside of the City of Newport
Beach, these traffic improvements will provide benefits to City of Newport Beach
residents who use these streets. The Applicant will incrementally fund the City of Costa
Mesa for intersections improvements. At Project build out, the Project will have provided
approximately $4.3 million in contributions to intersection improvements which is more
than double the Project's fair share requirements based upon the traffic analysis in the
Final EIR.
75
Exhibit G
Newport Banning Ranch
Planned Community Development Plan
Exhibit G is available for review at the offices of the Community Development Department,
Planning Division or at vdww ncwl,urtbe,achcamov.
Exhibit G
NBR Planned Community Development Plan Revisions and Errata
Page 2 -2
Revise Section 2.2.1.3 as follows:
2.2.1 Planned Community Districts
3. Visitor - Serving Resort/Residential District, to allow for a maximum 75 -room resort inn to
include ancillary uses such as restaurants, ass spas, fitness centers, meeting and banquet
facilities, retail shops, and other similar complementary visitor - serving commercial uses or free
standing visitor serving retail uses without a resort inn component. Bars and cocktail lounges
shall be permitted in the Visitor Serving Resort/Residential District only when ancillary to a
restaurant, inn, or hotel. This district also allows for resort- oriented residential units of up to 40.0
dwelling units per gross acre if developed in conjunction with the resort inn. In the event a
resort inn is not developed this land use district allows the development of residential land uses
of up to 9.0 dwelling units per gross acre within the entire district, with or without visitor - serving
commercial uses or visitor serving commercial uses alone.
-1-.-5. Mixed - Use /Residential District, to allow for the mixed use development of residential
uses of up to 40.0 dwelling units per gross acre and a maximum of 75,000 square feet of
neighborhood serving commercial uses as vertical mixed use with commercial uses on the
ground floor and residential above, or as horizontal mixed use with commercial uses and
residential uses in separate buildings designed as a cohesive and unified development. The
residential component of mixed use development may include residential single family attached
or multi - family residential dwelling units and ancillary private recreational facilities to serve the
residents of the development. The neighborhood serving commercial component of mixed use
development may include a grocery market (s), restaurants, personal services, and professional
offices. Other allowable uses in the Mixed Use /Residential District include hotels and inns
which could include a restaurant. Bars and cocktail lounges shall be permitted only when
ancillary to a restaurant, inn, or hotel.
Page 2 -4
Change the acreage assigned to Community Park as follows:
2.4.1 Community Park District (CP)
Approximately 26.8 gross acres designated as CP shall be developed as a public Community
Park as part of the Project. Approximately 21.8 gross acres of the CP district comprising the
public Community Park shall be offered for dedication to the City to serve the active recreational
needs of the Project residents and the community at large. The remaining approximately 5.0
gross acres of the CP district comprising the public Community Park shall be privately
maintained by the Project and made permanently available for public use through a deed
restriction and /or recorded public easement.
Page 2 -5
Add the following text to Section 2.5, Visitor Serving Resort/Residential District (VSR/R), first
paragraph as follows:
The purpose of the Visitor - Serving Resort/Residential District is to designate approximately
11.3 gross acres to allow for development of a resort inn and resort oriented residential uses
within the NBR -PC. In the event a resort inn is not developed in this land use district pursuant
to NBR -PC Sections 4.4.4 "Findings for Approval of a Master Development Plan," or 4.5.3 (Site
Development Review) "Application Review," the NBR -PC allows for development of residential
uses and /or visitor serving commercial uses within the land use district subject to the provisions
of NBR -PC Section 4.18.13. "Transfer of Residential Dwelling Units."
Page 2 -5
Revise Section 2.5.1 as follows:
3-1. Resort Inn and Resort Oriented Residential Uses
A resort inn of �;ip to with a maximum of 75 overnight accommodations (guest rooms) with a
lobby and related guest areas, along with support commercial uses ancillary to a resort, such
as, restaurant(s), afld bafs gift and sundry shops, business center(s), fitness center(s),
spa /salon /treatment rooms, swimming pools and recreation facilities, banquet and meeting
rooms, areas for food and beverage preparation, administrative offices, housekeeping areas,
maintenance areas, and employee facilities. Ancillary commercial uses are those uses
customary and proportional to the resort. V'°' gCommercial uses iaeIuded as partef
ancillary to resort inn development shall not be counted as part of the maximum 75,000 square
feet of commercial area permitted within the NBR -PC.
Page 2 -5
Add the following text to Section 2.5.3 referencing the NBR -PC provisions for transfer of
residential dwelling units into the VSR/R district as follows:
2. Residential Uses
tde-te In the event a resort inn is not developed in the VSR /R district, pursuant to NBR -PC
Sections 4.4.4 "Findings for Approval of a Master Development Plan," or 4.5.3 (Site
Development Review) "Application Review," development of a maximum of 100 conventionally -
owned residential dwelling units is allowed pursuant to the provisions Section 4.18, "Transfer of
Residential Dwelling Units," of the NBR- PC., 'R the ^ eRt ^ °^4'^ Rat developed iR the
NISRIo�d ;tr At. These residential dwelling units shall be counted as part of the maximum 1,375
residential dwelling units permitted within the NBR -PC. An application for Site Development
Review for residential development within the entire VSR /R district shall not be permitted to be
submitted any earlier than two years from the effective date of an approved Development
Agreement for the Project Site.
Page 2 -5
Add the following text to Section 2.5.4 referencing the NBR -PC provisions allowing for transfer
of visitor serving commercial uses to the VSR/R district and-delete clarify "bars" as a visitor
serving commercial use:
3. Visitor Serving Commercial Uses
In the event a resort inn is not developed in the VSR/R district pursuant to NBR -PC Sections
4.4.4 "Findings for Approval of a Master Development Plan," or 4.5.3 (Site Development
Review) "Application Review, ", development of visitor - serving commercial uses independent of
a resort use inn Suehas, to include but not limited to restaurant(s)_ ^mss gift and sundry
shops, business centers, fitness centers, spas and salons, swimming pools and recreation
facilities and similar uses are permitted subject to the provisions of Section 4.19, "Transfer of
Commercial Area from MU /R District to VSR/R District," of the NBR -PC. Bar and cocktail
lounges shall- be permitted only when ancillary to a restaurant. T� ", ,rs� All visitor serving
commercial use developed independently of a resort inn shall be counted as part of the
maximum 75,000 square feet of commercial area permitted within the NBR -PC.
Page 3 -1, Add the following text to the last sentence of the second paragraph of Section 3.2.1,
"Oil Operations," as follows:
All surface oil production facilities located in areas outside of the OF District in existence after
the effective date of the NBR -PC shall be legal non- conforming structures, arm subject to NBMC
Chapter 20.38, "Nonconforming Uses and Structures," and s bjeet solely to the provisions of
NIRM Sections 20.38.010 through 20.38.050 of Chapter 38 and may continue for a
maximum period of ten years following completion of annexation of the unincorporated County
areas of the Project Site to the City .
Page 3 -3
Add the following requirement:
Retaining walls over 8 feet in height shall incorporate strategies to visually soften and /or
minimize their appearance from public views. Strategies for visual softening may include the
use of stepped retaining walls, the use of crib walls, and /or landscape screening.
Page 3 -4
Delete the following text from Section 3.3 Landscape Regulations:
The design and irnpFavepnent of a" developer installed publiG pa*G, inGluding landsGape and
Page 3 -12
Revise Section 3.9.7, "Legal Non - Conforming Uses, "as follows:
3.9.7 Legal Non - Conforming Uses
Any use within the Project Site lawfully existing at the time of the effective date of the NBR -PC
including, without limitation, surface and subsurface oil and natural gas production operations,
maintenance and operation of existing easements and pipelines, surface leases for storage
yards, and other oil- related buildings, structures, and maintenance areas shall be considered
legal non - conforming uses and may be continued subject to NBMC Chapter 20.38.010 through
20.38.050, "Nonconforming Uses and Structures," for up to ten years following the completion of
annexation of areas located in the unincorporated County to the City, notwithstanding any
omission of a particular such use in Table 3 -1, "Allowable Uses. "Legal ^^^ ^^ ^fGFMiR9 uses ape
Pages 3 -14 and 3 -15
Revise Table 3 -1, Allowable Uses as follows:
1. Delete Bars and Nightclubs
2. Add Bars and cocktail lounges when ancillary to a hotel, resort inn, or restaurant as
conditionally permitted in VSR /R and MU /R.
3. Delete Breweries, micro
4. Delete Residential Care Facilities 6 or fewer unlicensed as a conditionally permitted use
in the RL, RUM and RM districts.
5. Delete "Eating and drinking establishments sit down dining" and "Eating and drinking
establishments, sit down dining no alcohol service ".
6. Add "Restaurants with alcoholic beverage service and /or live entertainment' as
conditionally permitted.
7. Add "Restaurants" as permitted.
Page 4 -5
Revise Section 4.4.6, "Requirement for Site Development Review" as follows:
4.4.6 Development Activities Pursuant to Approved MDP and Recordation of Final Ma
4.4.6.1 Activities Subiect to Communitv Park Improvement Plan Aooroval
The following development activities are permitted pursuant to approval of the MDP for the
Proiect Site, subject to recordation of a final subdivision map, approval of a Community Park
Improvement Plan, and approval of all required permits from local, State (including Coastal
Commission), and Federal agencies:
1. Construction of public park and recreational facilities in the CP district that are to be
offered for dedication to the City.
4.4.6.2 Activities Subiect to m Site Development Review Approval
The following development activities are permitted pursuant to approval of the MDP for the
Project Site subject to recordation of a final subdivision map, City approval of Site Development
Review, as described in Section 4.5, "Site Development Review," of the NBR -PC, , and
approval of all required permits from local, State (including Coastal Commission), and Federal
agencies:
1. Development of land uses within the Residential Districts, Visitor Serving Resort and
Residential District, Mixed Use and Residential District, .
Bluff Park District, Interpretive Park District, and areas of the Community Park District
not offered for public dedication.
Page 4 -7
Add a new Section 4.6, Community Park Improvement Plan, and renumber subsequent sections
accordingly.
4.6 Community Park Improvement Plan
4.6.1 Purpose and Intent
The purpose of a Community Park Improvement Plan is to provide for the review of specific
park design prior to construction of public park and recreational facilities within areas of the
CP district that are to be offered for public dedication.
4.6.2 Applicabilit
Approval by the City of a Community Park Improvement Plan is required as described in
Section 4.4.6 "Development Activities pursuant to Approved MDP and Recordation of Final
Map" prior to any construction activity within the portion of the CP District to be offered for
dedication to the City.
4.6.3 Review and Approval
A Community Park Improvement Plan shall include, a comprehensive site plan for the
community park, floor plans and elevations for any community facility buildings and
restrooms, landscape and irrigation plans, lighting plans, plans for play fields and passive
recreation areas, parking layout, and other public facilities to be located within the
Community Park, grading plans, infrastructure improvement plans, and any other
information deemed necessary for review by the Director of Recreation and Senior
Services. The Community Park Improvement Plan shall be reviewed and approved by the
Director of Recreation and Senior Services.
Page 4 -8
Revise the last paragraph in Section 4.8 "Coastal Development Permit," as follows:
When any CDP(s) or MCDP is approved by the Coastal Commission that varies from the
approval granted by the City for the same application, Said GIDP(S) BF MGQ- P ShAll ti^
rpm;- and reviewed by the G" y as ppka"^^. the applicant shall submit a request
for determination of substantial conformance to the Director. The Director has the authority to
refer any request for substantial conformance to the City Council for consideration and final
action on the reauest.
J
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"Minor Page 4-14 through 4-17
Delete Section 4.16," Land Use Acreage Refinement, Transfer of Residential Dwelling Units,
and Transfer of Commercial Area," Delete Section 4.17, Modifications,"
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Page 4 -14
Add a new Section 4.17, "Substantial Conformance," as follows:
4.17 Substantial Conformance
Changes in the Land Use District boundary lines as illustrated on Exhibit 2 -1, "Planned
Community Development Plan," and a corresponding change in the Gross Acres for the
respective Land Use District as described on Exhibit 2 -2, "Planned Community Development
MIMMOM
:-
- -- - - - -- -- --
-
- -- -- - -
- - ...
-„
Page 4 -14
Add a new Section 4.17, "Substantial Conformance," as follows:
4.17 Substantial Conformance
Changes in the Land Use District boundary lines as illustrated on Exhibit 2 -1, "Planned
Community Development Plan," and a corresponding change in the Gross Acres for the
respective Land Use District as described on Exhibit 2 -2, "Planned Community Development
Table," as part of the approval of either a Master Development Plan, Site Development Review,
or subdivision map application submitted for the Project Site, is considered to be in substantial
conformance with the NBR -PC provided the change complies with the following:
1. Any resulting increase in gross acres or gross density is no more than fifteen percent
(15 %) of the land use district for which the change is requested:
2. There is no resulting reduction in the total area designated as Open Space District:
3. There is no resulting reduction in the total area allocated to the Public Parks /Recreation
District: and
4. The total area within the Project Site boundary does not exceed 401.1 gross acres.
Page 4 -15
Add a new Section 4.18, "Transfer of Residential Dwelling Units," as follows:
4.18 Transfer of Residential Dwelling Units
4.18.1 General Requirements
A request for a change in the planned number of residential dwelling units for any Land Use
District as described on Exhibit 2 -2, "Planned Community Development Table," resulting from a
transfer of residential dwelling units from one Residential Land Use District to another, may be
approved as part of the review of either a Master Development Plan, Site Development Review,
or subdivision map application submitted for the Project Site, provided the requested change
complies with the following:
1. The requested transfer does not result in an increase of more than fifteen percent (15 %) in
the total number of planned dwelling units described on Exhibit 2 -2, "Planned Community
Development Table." for the Land Use District receiving additional dwelling units:
2. The total number of dwelling units for the Proiect Site does not exceed 1,375:
3. All dwelling units planned within the Land Use District can be developed pursuant to the
applicable development regulations established in NBR -PC Chapter 3, "Land Use and
Development Regulations," for the residential land use planned for development;
4. A traffic analysis performed by the City's Traffic Engineer evaluating the total number of PM
peak hour trips that would be generated by development allowed with and without the
transfer concludes that there would not be any greater traffic impact generated as a result
of the transfer than would be generated without the transfer. Trip generation rates shall be
based on standard trip generation values in the current version of ITE's "Trip Generation,"
unless the Traffic Engineer determines that other rates are more valid for the uses involved
in the transfer.
5. The total number of dwelling units within the MU /R Land Use District does not exceed 730;
6. A corresponding subdivision map is approved by the City if the transfer results in a change
to any previously approved subdivision map.
4.18.32 Review Requirements
1. A request to transfer residential dwelling units shall be subject to the following requirements:
a. The request for a transfer of residential dwelling units from one land use district to
another shall be submitted as part of an application for approval of either a Master
Development Plan for the Project Site or as part of an application for approval of a
subdivision map or a Site Development Review:
b. The request for a transfer of residential dwelling units from one land use district to
another shall be accompanied by a revised Planned Community Development Table
reflecting the proposed changes and any additional background and /or supporting
information as determined necessary by the Director. Unless determined otherwise by
the City, the revised NBR -PC document shall serve as the reference document for any
future revisions to Exhibit 2 -1, "Planned Community Development Plan," and Exhibit 2 -2,
"Planned Community Development Table," as they may be approved from time to time.
Such revisions shall be located in an appendix to the NBR -PC.
Page 4 -16
Add a new Section 4.19, "Transfer of Commercial Area from MU /R to VSR /R," as follows:
4.19 Transfer of Commercial Area from MU /R District to VSR /R District
4.19.1 General Requirements
In the event a resort inn is not developed in the VSR/R District, a request to transfer a portion of
the total commercial area as described in Exhibit 2 -2, "Planned Community Development
Table," from the MU /R District to the VSR/R District for development of ancillary visitor - serving
commercial uses such as restaurants visitor and tourist oriented retail shops, a fitness facility, a
full service health spa, park and recreation facilities, and similar uses may be approved as part
of the review of either a Master Development Plan, Site Development Review, or subdivision
map application submitted for the Project Site, provided:
The total area of commercial uses developed within the Proiect Site does not exceed
75,000 square feet.
2. A traffic analysis performed by the City's Traffic Engineer evaluating the total number of PM
peak hour trips that would be generated by development allowed with and without the
transfer concludes that there would not be any greater traffic impact generated as a result
of the transfer than would be generated without the transfer. Trip generation rates shall be
based on standard trip generation values in the current version of ITE's "Trip Generation,"
unless the Traffic Engineer determines that other rates are more valid for the uses involved
in the transfer. The visitor servinq commercial uses can be developed pursuant to the
applicable development regulations established in NBR -PC Chapter 3, "Land Use and
Development Regulations." for commercial development within in the VSR /R land use
district.
3. All commercial uses planned for development within the VSR /R district can be developed
pursuant to the applicable development regulations established in NBR -PC Chapter 3,
"Land Use and Development Regulations," for the type of commercial use planned for
development.
in addition te the Fea&ement of Seetmen 4.19.1 the 11c�o°m�r°roi'StfIet shall ••.•n— vvmq!N, wig" "'i'`th the- 5;�+;s�lef3S- nioo or e,.,.Fi,... 4-44 er NBR 1�-G
Seetion 4.5.3. as
4.19.32 Review Requirements
A request for transfer of commercial square footage from the MU /R District to the VSR/R District
shall be subject to the following requirements.
a. The request shall be submitted as part of an application for approval of either a Master
Development Plan for the Project Site or as part of an application for approval of a
subdivision map or a Site Development Review;
approved from time to time. Such revisions shall be located in an appendix to the NBR -
PC.
Page 4 -17
Add a new Section 4.20, "Transfer of Commercial Area from MU /R District to RUM or RM
District," as follows:
4.20 Transfer of Commercial Area from MU /R District to RUM or RM District
A request to transfer a maximum of 2,500 square feet of commercial square footage to either
the RUM or RM district may be approved as part of the review of a Site Development Review or
subdivision map application submitted for the Project Site, in accordance with the following
provisions:
1. The requested transfer is for the development of convenience commercial uses to serve
the residential community.
2. Approval of the requested transfer of square footage to either the RUM or RM district is
a one -time allowable transfer and no additional transfers may be approved for any other
residential district.
3. The total area of commercial uses developed within the Project Site does not exceed
75.000 square feet.
4. The commercial uses planned for development within either the RUM or RM district
can be developed pursuant to the applicable development regulations established in
Section 3.14. "Commercial Regulations." of the NBR -PC.
A request for transfer of commercial square footage from the MU /R District to the RUM or RM
District shall be subject to the following requirements.
a. The request shall be submitted as part of an application for approval of either a
subdivision map or a Site Development Review.
b. The request shall be accompanied by a revised Planned Community Development
Page 4 -17, Renumber Section 4 -18 to Section 4 -20 and revise text as follows:
4.49 20 Amendments
All proposed changes to the NBR -PC other than those identified in Section 4.17, "PAIR9
Medifisatiea 4.18. "Transfer of Residential Dwelling Units, Section 4.19. "Transfer of
Commercial Area from MU /R to VSR /R District," and /or Section 4.20 "Transfer of Commercial
Area from MU /R to RUM or R/M District," of the NBR -PC, or as otherwise provided for within the
NBR -PC, shall be considered amendments to the NBR -PC and shall be reviewed pursuant to
the provisions of NBMC Chapter 20.56.050 "Planned Community District Application
Procedures."
Chapter 5 — Definitions
Add the following new definitions to Chapter 5:
Restaurants: Establishments principally engaged in serving prepared food or beverages for
consumption on or off the premises.
Bars and Cocktail Lounges: Establishments licensed by the California Department of Alcohol
Beverage Control and principally engaged in selling or serving alcoholic beverages for
consumption on the premises and with all of the following characteristics:
1. Is ancillary to a primary use such as a restaurant, resort, inn, hotel, or other visitor
accommodation as defined in the NBMC, and is limited in area to no more than thirty
percent (30 %) of the floor area of the primary use.
2. Provides an area for sales, service, and consumption of alcoholic beverages that is
operated during the same hours as the primary use.
1. Master Devf
2. Appendix A:
3. Appendix B:
4. Appendix C:
5. Appendix D:
6. Appendix E:
Exhibit H
Newport Banning Ranch
Master Development Plan
Consists of:
flopment Plan
NBR Habitat Restoration Plan (HRP)
NBR Fire and Life Safety Program (FLSP)
NBR Plant Palette
NBR Green and Sustainable Program (GSP)
Tentative Tract Map No. 17308
Exhibit H is available for review at the offices of the Community Development
Department, Planning Division or at �,%tivw.newportbeachca.dov.
Exhibit H
NBR Master Development Plan Revisions and Errata
Page 3 -3
Revise Section 3.2.2 as follows:
3.2.2. Parklands
Public Community Park comprising approximately 2" 21.8 gross /21 -718.0 net
acres in SPAS 7-a-, 7b, and 7c, which shall be developed for public active and passive
recreation as part of the Project and offered for dedication to the City and Public
Community Park comprising approximately 5.0 gross /3.7 net acres in SPA 7a, which
shall be developed for public park purposes, privately maintained, and made
permanently available for public use through deed restriction and /or recorded
easement.
Page 3 -29
Change Section 3.5.2 as follows:
3.5.2 Public Community Park Development Plans
As part of the Project, a 2" 21.8 gross -1244 18.0 net -acre Community Park North
Community Park and Central Community Park) will be developed and offered for dedication
to the City of Newport Beach. The development plan for the Community Park (SPAs 7-a-,
7b, and 7c) is a Project Development Plan providing a sufficient level of design detail for
Coastal Commission approval of a Coastal Permit for this park. The Public Community
Park site to be offered for dedication to the City is comprised of the tree two subareas as
described below:
• The North Community Park Project Development Plan, illustrated in Exhibit 3 -6a,
contains 15.9 gross /13.5 net acres and will be improved as an active park to include
lighted turf sports fields, lighted hard courts, picnic facilities, age- specific playground,
restrooms, off - street public parking, and may include synthetic turf.
• The Central Community Park Project Development Plan, illustrated in
Exhibit 3 -6b, contains 5.9 gross /4.5 net acres and will be improved as a passive
recreational area, including picnic areas, informal open play turf areas, and off -
street public parking. The Development Plan for the Central Community Park
Road to provide
pedestrian access through the
park from the boundary of the
Newport Crest residential community. The trail
connection will be constructed
subject to
the approval
by the Newport Crest
Homeowners Associate of the
provision
of a
gate at the boundary of Newport
Crest at the terminus of
Ticonderoga
to provide
secure pedestrian movement to and from Newport Crest.
Exhibit 3 -6b, Central Community Park Development Plan — Replace with new park
plan exhibit included as Attachment 1.
As part of the Project, a 5.0 gross/ 3.7 net acre Community Park (South Community
Park) will be developed, privately maintained, and made permanently available for
public use -. The development plan for the Community Park (SPA 7a) is a Project
Development Plan providing a sufficient level of design detail for Coastal
Commission approval of a Coastal Permit for this park. The South Community Park
is described below.
The South Community Park Project Development Plan, illustrated in
Exhibit 3 -6c, contains 5.0 gross /3.7 net acres and _will be improved as a
passive natural recreation area to complement the City's Sunset Ridge Park
site to the east and will include park access, native habitat, and interpretive
opportunities.
Section 3.5
Page 10 -3
Revise Section 10.6.2 as follows:
10.6.2 Activities Requiring Subsequent Site Development Review Approval
Following approval by the City of the NBR -MDP the following development activities are
permitted within the Project Site subject to recordation of Final Map No. 17308 and any
subsequent subdivision map(s), approval by the City of Site Development Review pursuant
to NBR -PC Section 4.5, "Site Development Review," any additional local required permits,
and any permits from State (including Coastal Commission), and Federal agencies with
permitting jurisdiction over the activity:
1. Construction of residential, commercial, and visitor serving resort uses in all Villages and
Colonies;
2 . Construction of Bluff Parks and Interpretive Parks; and
3. Construction of South Community Park
Page 10 -3
Add new Section 10.6.3 as follows:
10.6.3 Activities Requiring Community Park Improvement Plan
Following approval by the City of the NBR -MDP the following development activities are
permitted within the Proiect Site subiect to recordation of Final Map No. 17308 and any
subsequent subdivision map(s), approval by the City of a Community Park Improvement
Plan, pursuant to NBR -PC Section 4.4.6.1 " Activities Subject to Community Park
Improvement Plan Approval," any additional local required permits, and any permits from
State (including Coastal Commission), and Federal agencies with permitting jurisdiction
over the activity:
1. Construction of the public Community Park (North and Central Community Park).
Page 10 -5
Revise Section 10.7.3 as follows:
10.7.3 Authorization for City to Issue Construction -Level Permits as part of MCDP
The MCDP shall authorize the City to be the final review authority for any subsequent
planning development permits and construction level permits, as required by the NBR -PC,
for implementation of those activities described in Section 10.6 of the NBR -MDP and within
the areas illustrated on Exhibit 10 -1, without additional Coastal Development Permits,
provided the subsequent permits are consistent with the NBR -MDP Project Development
Plans. Subsequent required planning development permits and construction level permits
shall include, but are not limited to, Site Development Review, Community Park
Improvement Plan Approval, Use Permits, Final Tract Maps, final grading permits, model
home permits, building permits, and other required permits.
Page 10 -10
Add new Section 10.12, "Community Park Improvement Plan," as follows:
i[��ilb� . oaZ7"lilllil[i�1�7i7 a .. - u - � ,F1i
Approval by the Director of Recreation and Senior Services of a Community Park
Improvement Plan, in accordance with the provisions of NBR -PC Section 4.6, "Community
Park Improvement Plan," shall be required prior to construction of the public Community
Park.
Page 10 -10
Renumber Section 10.12 and revise text as follows:
10.13 Substantial Conformance
The following aFe GORsideFed rniRAF modifingfien constitute substantial conformance
with the NBR -MDP including Exhibit 1 -4, "Site Planning Areas Map," Exhibit 3 -1, "Master
Development Plan," and Exhibit 3 -2, "Master Development Table."
Land Use Acreage Refinements
A change in the Site Planning boundary lines as illustrated on Exhibit 1 -4 "Site Planning
Areas Map," and corresponding change in the Gross Acres for the respective Site Planning
Area as described on Exhibit 1 -5, "Site Planning Areas Table," of up to fifteen percent
(15%) are as approved permitted as part the approval of either a Site Development Review,
or subdivision map application submitted for the Site Planning Area, provided the
refinement(s) to Gross Acres does not result in:
A reduction in the total acreage allocated to Open Space;
A reduction in the total area allocated to the Parklands;
3. The total area within the Project Site boundaries exceeding 401.1 gross acres;
4. Less than two roadway access points from North Bluff Road into the North
Family Village; and /or
5. Less than two roadway access points into both the South and North Family
Village.
Page 10 -10
Renumber and Revise Section 10.12.2 as follows:
10.12.2 10_14 Transfer of Residential Dwelling Units
A change in the number of residential dwelling units for any Site Planning Area as
described on Exhibit 1 -5, "Site Planning Areas Table," resulting from a transfer of
residential dwelling units from one Site Planning Area to another, and as approved
pursuant to the provisions of NBR -PC Section 4.18, " Transfer of Residential Dwelling
Units," is permitted as part of the approval of a Site Development Review provided:....
Page 10 -11
Renumber and Revise Section 10.12.14 as follows:
10.15 Modifications to Approved Project Development Plans
The following constitute additieaal allewal3le n;iaer modifications to the NBR -MDP Project
Development Plans which may be approved as part of Site Development Review or
subdivision review, and not requiring an amendment to the NBR MDP:
1. Change in utility or public service provider as described in NBR -MDP Chapter 8,
"Master Roadway and Infrastructure Plans;"
2. Change in roadway alignment of any roadway illustrated on the "Master Roadway
Plan" of the NBR -MDP when the change results in a centerline shift of 150 feet or less;
3. Change to roadway sections as described in NBR -MDP Chapter 8, "Master
Roadway and Infrastructure Plans as approved by the Director of Public Works;
4. Refinements to the Architectural Design Guidelines pursuant to Section 10.10;
5. Refinements to the mix, distribution, and design of architectural products with as a
provided that:
a. The character and style of the architecture remains consistent with the intent of the
Project's architectural style;
b. The nominal lot size dimensions and nominal building square footages do not
exceed 20% of the original architecture proposed within the Site Planning Area; and
c. All applicable development regulations and standards set forth in the NBR -PC are
complied with.
Page 10 -12
Delete the following text:
Page 10 -13
Renumber and revise Section 10.13 as follows:
10 13 10.16 Amendments to the NBR -MDP
All proposed changes to the NBR -MDP other than those identified in Section 10.4 G
w
""e�'fl mfie tmeaT' 10.14 Transfer of Residential Dwelling Units and Section 10_15
"Modifications to Approved Project Development Plans," shall be considered amendments
to the NBR -MDP and shall be reviewed in accordance with the provisions of NBR -PC
Section 4.4 "Master Development Plan." When any CDP(s) or MCDP is approved by the
Coastal Commission that varies from the approval granted by the City for the NBR -MDP or
any approved amendment, the applicant shall submit a request for determination of
substantial conformance to the Director or Community Development. The Director of
Community Development has the authority to refer any request for substantial conformance
to the City Council for consideration and final action on the request.
Page 10 -13
Renumber and revise Section 10.14 as follows:
10.17 Amendments to the Master CDP
Amendments to the MCDP are considered to be those changes considered as
amendments to the NBR -MDP pursuant to NBR -MDP Section 481310.16. Following City
approval of any amendment to the NBR -MDP a corresponding application for an
amendment to the MCDP shall be submitted for approval to the California Coastal
Commission.
Exhibit 10 -1, Master Entitlements and Subsequent Approvals Map
Add the following text to the notations:
Land Use Development per City- approved Master Development Plan and CCC- approved
Master Coastal Development Permit. Additional Site Development Review, and /or
Community Park Improvement Plan Approval, by City is required, but additional Coastal
Development Permit is not required, prior to Land use Development and construction
permits.
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Exhibit J
Newport Banning Ranch (NBR)
Affordable Housing Implementation Plan (AHIP)
Revised April 2012
1.0 Introduction
1.1 Backaround
This Affordable Housing Implementation Plan (AHIP) has been prepared in order to comply
with the Housing Element of the Newport Beach General Plan as well as Chapter 19.54 of the
Newport Beach Municipal Code, Inclusionary Housing, which provides that an AHIP must be
prepared by Applicant to set forth a plan for meeting the City's goal of providing a balanced
residential community comprised of a variety of housing types and opportunities for all social
and economic segments of the community including very low, low and moderate income
households. This AHIP is provided in fulfillment of those requirements and details Applicant's
approved strategies for meeting City requirements.
Chapter 19.54.060 of the Municipal Code provides that "Residential subdivision projects of 51
dwelling units or more shall be required to submit an AHIP." Tentative Tract Map (TTM) 17308
is an element of Applicant's entitlement package. This map provides for a maximum of 1,375
dwelling units and meets the minimum threshold for submittal of a mandatory AHIP for City
review and adoption.
1.2 Protect Description
The Newport Banning Ranch (NBR) is a 401 -acre master planned community regulated by the
City of Newport Beach (City) and other stakeholder governments. The master plan, following
extensive community outreach and facilitation, was crafted by a multi - disciplinary team of
architects, engineers, planners, and environmental specialists to implement the entitlement
standards provided under the Alternative Use option of the Newport Beach General Plan as
approved by voters in November, 2006.
1
The Alternative Use option provides for 1,375 dwelling units, 75,000 square feet of retail and
convenience commercial, and a 75 -room coastal inn with spa facilities and services. More
than half of the property is to be set aside for open space for public parks and playgrounds as
well as protected areas for environmentally sensitive and other habitats. Oil production
facilities now on the site will be consolidated into two drilling and production areas.
2.0 Affordable Housing Plan
2.1 Definitions
The Inclusionary Housing Ordinance provides further guidance on the preparation of an AHIP
and the City's published housing guidelines and rules including definitions. A number of those
definitions, especially definitions about rentals, are relevant to the NBR AHIP including:
A. Affordable Housing Agreement. The Agreement entered into is to be in
compliance with Section 19.54.080, which provides legal restrictions by which the
affordable units shall be restricted to ensure that the unit remains affordable to
very low -, low -, or moderate- income households, as applicable. With respect to
rental units, rent restrictions shall be in the form of a regulatory agreement
recorded against the applicable property. With respect to owner - occupied units,
resale controls shall be in the form of resale restrictions, deeds of trust, and /or
other similar documents recorded against the applicable property;
B. Affordable Housing Cost. Affordable housing cost for very low income
households shall not exceed 30 percent of 50 percent of area median income
adjusted for family size. Affordable housing cost for low income households shall
not exceed 30 percent of 70 percent of area median income adjusted for family
size. Affordable housing cost for moderate income households shall not be less
than 28 percent of the gross income of the household, nor exceed 35 percent of
110 percent of area median income adjusted for family size. In determining the
maximum household income for a given affordable unit, it shall be assumed that
each bedroom is occupied by two persons, except for efficiency units (one
person).
V
C. Affordable Rent. An annual rent that does not exceed 30 percent of maximum
income levels for very low -, low -, and moderate - income households, as adjusted
for household size. In determining the maximum household income for a given
affordable unit, it shall be assumed that each bedroom is occupied by two
persons, except for efficiency units (one person).
D. Affordable Unit. An ownership or rental housing unit, including senior housing,
affordable to households with very low -, low -, and moderate income as defined in
Section 9.54.020 of the Newport Beach Municipal Code.
E. Applicant. Newport Banning Ranch LLC, including any successors) -in - interest.
F. Cam. The City of Newport Beach.
G. Low - Income. Income between 50% and 80% of the Orange County median
income, adjusted for actual household size, as established annually by the
California Department of Housing and Community Development.
H. Moderate Income. Income between 80% and 120% of the Orange County
median income, adjusted for actual household size as established annually by
the California Department of Housing and Community Development.
I. Very Low Income. Income 50% or less of the Orange County median income,
adjusted for actual household size, as established annually by the California
Department of Housing and Community Development.
2.1 Affordable Housing Obligation
A. Number of Units /Income Levels. The City's Housing Element includes a goal
that 15% of all new housing units in the City be affordable to very low, low and
moderate income households. A maximum of 1,375 units are proposed'. The
Affordable Units shall be comprised of either:
i The unit count may vary based on final project approvals. The relative percentage of affordable units shall remain the
same.
3
1. Five Percent Very Low Income (69 units); or
2. Ten Percent Low Income (138 units); or
3. Fifteen Percent Moderate Income (206 units); or
4. A combination of the above.
For the purpose of calculating the number of affordable units in the event a
combination of units is to be provided, a Very Low Income Unit shall be deemed
to be the equivalent of three Moderate Income Units and two Low Income Units.
A Low Income Unit shall be the equivalent of 1.5 Moderate Income Units. For
example if 20 Very Low Income Units are provided either 146 Moderate Income
Units or 98 Low Income Unit would be required to complete the affordability
requirement.
B. If for any reason the number of approved market rate units authorized is not
constructed, or cannot be constructed due to the operation of law or economic
conditions, then the number of affordable units provided or the fees paid in -lieu of
providing rentals shall be reduced proportionally so that Applicant's obligation
does not exceed the percentage requirement.
C. Excess Affordable Units. In the event that Applicant constructs affordable units
in excess of the maximum required amount, Applicant may be entitled to such
additional incentives pursuant to the City's Density Bonus ordinance codified in
Newport Beach Municipal Code Chapter 20.32, as the same may be amended
from time to time. Such incentives shall be proposed and approved through an
Affordable Housing Implementation Agreement (See Section 2.5.A).
2.2 Methodology
A. Options. Applicant shall comply with its affordable housing obligation by any
combination of the following:
1. Constructing the new Affordable Units on -site or offsite.
4
2. The renovation and restriction of existing housing units.
3. The payment of the City's In -lieu Fee.
4. The dedication of land for affordable housing.
B. Minimum Onsite Requirement. A minimum of 50% of Affordable Housing
Obligation shall be provided on Site. Applicant and City agree that regardless of
the permissible measures employed by Applicant to meet Affordable housing
objectives and the mandates of the AHIP, including fee payments and /or land
dedications. Applicant will insure that at least 50% of the AHIP affordable
housing will be constructed on site as either for sale housing or rentals.
C. Off -site Location. Affordable units provided off -site, either through new
construction or through renovation and restriction of existing housing units, shall
be located within the boundaries of the City of Newport Beach.
D. Off -Site Renovation. Renovation of existing off -site units to affordable units shall
meet the following requirements:
1. The interiors and exteriors of the units shall be substantially renovated to
improve the livability and aesthetics of the units for the duration of the
affordability period.
2. The units shall be returned to the City's housing supply as decent, safe and
sanitary housing and meet all applicable Housing and Building Code
requirements.
3. Renovations shall include energy conserving retrofits that will contribute to
reduced housing costs for future occupants of the units.
4. The units shall not already be subject to affordability income restrictions
unless such restrictions are set to expire in three years or less. In such
cases, the affordability covenant shall provide for thirty (30) years in
addition to any existing covenant time.
s
E. In -Lieu Fee. Applicant shall, at Applicant's election, be permitted to pay an in-
lieu fee for each unit constructed in order to fulfill up to 50% of the Inclusionary
Housing Program requirements.
1. The per dwelling unit in -lieu fee will be paid at the time each dwelling unit
building permit for market rate housing units is otherwise ready to issue.
2. The per dwelling unit in -lieu fee will be paid in the amount in effect at the
time each dwelling unit building permit for market rate housing units is
otherwise ready to issue.
3. There shall be no such Inclusionary Housing Program fees required for
Commercial, Institutional, or Resort buildings, including lodging buildings.
F. Land Dedication. In addition to the provision of on -site affordable units for
eligible households provided by Applicant or Applicant's agents, Applicant may
also propose to dedicate land to the City or to a City- designated housing
developer for the provision of affordable units in lieu of constructing any or all of
the affordable units required by City regulations.
1. The land offered for dedication shall be of sufficient size to construct the
number of affordable units that Applicant would otherwise be required to
construct.
2. In the event that Applicant cannot dedicate such land in time to fulfill City
requirements for a particular sequence of market rate housing, then
Applicant shall post improvement security subject to approval by City
guaranteeing such dedication by a time certain.
3. Any land offered for dedication shall be assumed to accommodate 40
units per acre.
4. Any land offered for dedication shall have suitable topography and
sufficient vehicular access and infrastructure to accommodate 40 units per
acre.
5. The location and size of the land to be dedicated shall be subject to the
approval of the City Council, which approval shall not be unreasonably
withheld.
2.3 Term
City and Applicant understand and acknowledge that any affordable units provided as qualified
Inclusionary Housing Prograrn units shall be restricted for a period of not less than thirty (30)
years; and, that such the Affordable Housing Cost or Affordable Rent can be adjusted annually
to reflect any changes to the Median f=amily Income for Orange County as determined by
California HCD. Such requirements shall be recorded in a rental agreement or affordable
housing covenant against the applicable property as provided in the Municipal Code.
2.4 Regional Housing Needs Assessments (RHNA)
A. Requirements. City and Applicant agree that any units constructed and or
renovated to meet City Inclusionary Housing Ordinance Requirements shall also
meet Southern California Association of Governments (SCAG) Regional Housing
Needs Assessments (RHNA) specifications for qualified affordable housing.
B. Income Limits for California. The California Department of Housing and
Community Development (HCD) publishes income limits for California counties
adjusted for family size. The most recent edition of the Income limits was
published June 13, 2011 and established an Orange County Area Median
Income of $84, 200 for a family of four (4) persons. HCD further adjusted
permissible income limits for the various income categories defined by HCD
including:
O Extremely Low $27,700
Very Low Income $46,150
Lower Income $73,850
0 Median Income. $84,200
7
Moderate Income $101,050
2.5 Implementation
A. Affordable Housing Implementation Agreement. An Affordable Housing
Implementation Agreement (AHIA) will be executed and recorded at each
development phase of development for any affordable units to be constructed
within that phase, or for land proposed to be dedicated, or for any in -lieu fees to
be paid, or for any other permissible measure or measurers for compliance with
City's Inclusionary Housing Program.
B. Authority. Each AHIA shall be approved by the Community Development
Director in conjunction with the approval of any Tract Map and /or Site
Development Review for NBR development phases.
C. Timing. AHIA shall be executed and recorded at each appropriate final map.
2.6 SegUencinq
A. The affordable units provided or arranged for to be phased as follows:
1. Certificate of use and occupancy for Fifty percent of market rate units:
commence construction on, or payment for fees /dedication of lands for
one -third of required units.
2. Certificate of use and occupancy for Seventy Five percent of the market
rate units commence construction on, or payment of fees /dedication of
lands for the next one -third of required units.
3. After issuance of certificate of occupancy for Seventy Five percent of the
market rate unit, a reconciliation process will be created to determine the
final number of affordable housing units required to be constructed and /or
payment of fees /dedication of land
4. At the earlier to occur of certificate of use and occupancy for the last
market rate: commence construction on, or payment of fees /dedication of
lands for final required units.
9
3.0 Administration
3.1 Modification of Requirements
If the requirements of Chapter 19.54 of the Newport Beach Municipal Code are modified by the
City Council during the term of the AHIP agreement to eliminate the requirement for the
payment of in lieu affordable housing fees for the privilege of constructing market rate housing,
then Applicant shall be entitled to a waiver of any further fee obligations for the provision of
affordable housing units for fees not already paid, or for buildings not already constructed
and/or renovated and occupied.
3.2 Amendments
This AHIP may be amended by mutual agreement of the City and Applicant. Such an
amendment, so long as it is consistent with the Housing Element of the General Plan and with
the Development Agreement, shall not require an amendment to the General Plan itself, the
Coastal Development Permit or to the Development Agreement.
10
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Exhibit K
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Newport Banning Ranch
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Project Boundary
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