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HomeMy WebLinkAbout93-8 - Amending a Development Agreement Between the City of Newport Beach and the Irvine Company for the Circulation Improvement and Open Space Agreement (Development Agreement No. 6)ORDINANCE NO. 93- 8 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (DEVELOPMENT AGREEMENT NO. 6) • The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The City Council finds and declares that: a. The State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and b. Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will • strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and C. California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property; and d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the amendment of development agreements; and e. The amendment to Development Agreement No. 6 has been prepared in compliance with state law and the Newport Beach Municipal Code; and L In compliance with state law and city ordinance, a duly noticed public hearing was held by the City Council to consider an amendment to Development Agreement 40 No. 6; and g. The City Council finds that said amendment to Development Agreement No. 6 is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder; and h. The City Council finds that said amendment to Development • • • Agreement No. 6 is in conformance with the Newport Beach General Plan. SECTION 2. Development Agreement No. 6 (Ordinance No. 92 -35) is hereby amended to add the following language to Section 6..4, as follows: "Further, the City of Newport or the California Coastal Commission retain discretion in the review and approval of Coastal Development Permits as set forth in the Addendum to this agreement attached as Exhibit "I." SECTION 3. Development Agreement No. 6 (Ordinance No. 92 -35) is also amended to add Exhibit "I," attached hereto as Exhibit "A." SECTION 4. Copies of said Development Agreement and the amendment thereto are on file in the offices of the City Clerk and Planning Department of the City of Newport Beach and said Development Agreement is made a part hereof by this reference. SECTION 5. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of May . 1993, and was adopted on the 24th day of May , 1993, by the following vote, to wit: AYES, COUNCIL MEMBERS HEDGES. WATT TURNER, SANSONE HART, COX. DEBAY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE Exhibit "A": Exhibit "I ", an addendum to Development Agreement No. 6 PLT:.. \CC \DA \2DA6.ORD • City Council Meeting May 24, 1993 Agenda Item No. 33 SUPPLEMENTAL REPORT CITY OF NEWPORT BEACH TO: Mayor and Members of the City Council FROM: Planning Department SUBJECT: Circulation Improvement and Open Space Agreement ( CIOSA) - Development Agreement No. 6 Request to amend Development Agreement No. 6 to incorporate an addendum to the agreement which sets forth clarifying language, including the scope of future discretionary actions of the City and the California Coastal Commission, and adds exhibits with a higher level of detail which were prepared subsequent to the original adoption of the agreement. INITIATED BY: The City of Newport Beach Attached to this report is the final wording of the proposed addendum to the CIOSA Development Agreement which has been accepted by the staff of the California Coastal Commission. Some typographical and grammar changes have been made to the Ordinance exhibit distributed with the original report for this item. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Patricia L. Temple Advance Planning Manager Attachment: 1. Development agreement addendum. PLP..%DA6 -SR4 EXHIBIT "I" • NEWPORT BEACH CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT ADDENDUM Pursuant to California Government Code Section 65869, a development agreement for property located in the coastal zone, without a certified local coastal program, must be approved by the California Coastal Commission. On June _, 1993, the California Coastal Commission approved the Newport Beach Circulation Improvement and Open Space Agreement and this Addendum. The Addendum language shall'take precedence over the Development Agreement and Planned Community text language and where there is a conflict, the Addendum shall supersede. The Addendum comprises the following: 1. Text that correlates two categories of site maps representing two levels of development specificity and text defining the scope of future discretionary review under CEQA, the Coastal Act and other state and federal environmental laws. 2. Site maps identifying development parameters and sensitive habitat. • fnmbcio .519 Definition. Category 1 sites have: (1) specifically defined principal permitted uses; (2) specifically delineated "development envelopes" and (3) specifically defined "maximum extent of grading for non - public uses" lines. They are specifically delineated on the Development Agreement Addendum site maps (A through E): Sites included in this category are: • A. B. C. D. E. Future Discretion, Upper Castaways Newporter North/Newporter Knoll San Diego Creek South Bay View Landing Corporate Plaza West uY Review: The following provisos apply: a. The Development Agreement specifically provides for future CEQA review in connection with the City discretionary site permit process; b. Future Coastal Act discretionary review (Coastal Development Permit through Coastal Commission or the City) may result in further limitations on the mapped development area based on new /more specific biological or geotechnical information, provided that the landowner may relocate development within the "maximum extent of grading area for non - public uses" shown on the Development Agreement Addendum map so long as: (i) City of Newport Beach height, lot coverage, setback and other similar requirements are met; • (ii) the alternative location is not in conflict with specific environmental resource protection siting criteria resulting from future CEQA /Coastal Act or other regulatory agency requirements; and (iii) the intensity and type of development and the total amount of development acreage are consistent with the Development Agreement PC regulations and maximum extent of grading maps in the Addendum; C. Site specific erosion and urban runoff control measures and other impact mitigation measures (e.g. light and glare) are subject to full CEQA, Clean Water Act, Coastal Act and other applicable state and federal environmental law discretionary review; d. Public facility and open space uses requiring site alteration and /or providing access in close proximity to sensitive habitat areas are subject to the same discretionary review provisions as development uses; fn:nbck�.sis • • e. Development effecting the habitat of any species listed as threatened or endangered under the state and federal endangered species acts or affecting "waters of the United States' is subject to the full regulatory authority of those endangered species acts and Corps 404 requirements, as indicated in the Development Agreement EIR, under federal law supremacy and under Government Code Section 65869.5. f. Site specific coastal development permit applications shall include approvals from the California Department of Fish and Game and U.S. Fish and Wildlife Service, where applicable. g. Wetland encroachment is limited to that necessary for the expansion of Dover Drive on the Upper Castaways site. The access road for the Newporter North site shall avoid wetland encroachment; if such access is later determined to be infeasible, the applicant may, through a coastal development permit application, propose that alternative means of ingress and egress meet the requirements of Chapter 3 of the Coastal Act. All wetland encroachment shall be subject to the following criteria: Wetland encroachment shall be the absolute minimum necessary for construction of the improvement. The encroachment shall be approximately .8 acres of wetland fill at Upper Castaways. The site specific coastal development permit shall include an analysis of the least environmentally damaging Dover Drive construction alternative. 2. All wetland encroachment shall be mitigated at a ratio of 4 square feet of wetlands created for each square foot lost. Encroachment mitigation may occur onsite or offsite so long as it is within the vicinity of the Upper Newport Bay ecological reserve and within the coastal zone boundary. 3. The site specific coastal development permit request shall include a detailed wetland mitigation plan which includes phasing, planting and monitoring /maintenance provisions. Wetland buffers of 100 feet shall be maintained; however, the buffer width may be reduced to 50 feet if the California Department of Fish and Game finds such reduction will not adversely impact the wetland resource. Nothing in this section relieves Company of its obligation to make, and pay for, the improvements described in Exhibit "C ". h. Any bluff stabilization necessary to resolve existing erosion problems shall involve: The least amount of work necessary to eliminate, or to reduce to a level of insignificance, the existing erosion problem. • 2. No significant land form alteration of the bluff face shall be allowed in order to rectify existing and potential geologic instability for the residential development area; non - engineered solutions shall be utilized such as greater setbacks if necessary. Minor grading and filling or erosion gullies shall be permitted to stabilize public use areas. 3 fn:nbcima.519 Eif .. C-2-45- W co m z ls5wx W H w IM cm w I'llifil I fit N ? " nv. A it 3 w Z c O I �, Q i � I Eif .. C-2-45- W co m z ls5wx W H w IM cm w I'llifil I fit N ? " nv. A it 3 w Z c O I �, w Z c O I �, :\ I =;,. .1\ il' ;♦ ` . . - ... ;, 1, NOTE: Development area denotes the portion .I of the site identified for development of residential uses in the proposed PC Teat. ., to Grading could also occur for roads. "•T open space naw, traib, and bluff 4 �� restoration. outside of areas deaignated • for development. .... i Sf,1 . "�`' VEGETATIVE COMMUNITIES ;y FRESHWATER MARSH w`,':: INTRODUCED ANNUAL GRASSLAND �'' ,'tii '�;l�i• %• COASTAL SAGE SCRUB SALT MARSH • .•a�:r : T�Y-.t :•.•.::rte DEVELOPMENT AREA NOTE: uses, trails, bluff t restoration. etc. outside of areas designated for development. Source: Steven Nelson PROPOSED DEVELOPMENT AREAS sminc. BIOLOGICAL RESOURCES UPPER CASTAWAYS no scale CIRCULATION IMPROVEMENT & OPEN SPACE AGREEMENT 6 1 City of Newport Beach z O co r , k iRif M I t kt €kk O Z Z S ..a • � rl € 1 CS Aj. D ' e , z'I;I D =cif,' '� .�� i �'. � ;•�� e a s F 9 N to gII Lij e 9 Pg z F q m O 9° gBL9 m O •• 6� w w O 9 p V ww •_Y a ev u a cc w > �avwwo$ yy :w W O Z i y ?:r.` .:�ry�L• +: i j!! .1 �/ / • W a Z W a 0 .1 uj W w 0- E, S N S a W S ui W Q a Z w 4 Z Q 0 C N d Z d N U O U) //oo� M N U N O C =. 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Category 2 sites have either a range of principal permitted uses or no specific delineation of a "development envelope" and "maximum extent of grading for non - public uses." (F through H) Sites included in this category are: F. Jamboree/MacArthur G. San Diego Creek North H. Newporter Resort Future Discretionary Review: All uses on Jamboree/MacArthur and San Diego Creek North would be subject to future CEQA/Coastal Development Permit review. Thus, for purposes of future Coastal Act and LCP review of Jamboree/MacArthur and San Diego Creek North, approval of the Development Agreement and Development Agreement Addendum provides the following: - Deletion of office uses allowed by the approved Newport Beach LUP; - Other public facility uses identified for each site in the Development Agreement PC text as found to be within the scope of the approved Newport Beach LUP but, due to absence of analysis of potential impacts and absence of development envelopelmaximum grading maps, such uses are subject to full future discretionary review; - No encroachment or loss of wetlands is approved and no other habitat - related findings are made other than that the habitat protection/restoration designation for the San Diego Creek North area bordering San Diego Creek is consistent with and in furtherance of Coastal Act Sections 30231 and 302233. 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