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HomeMy WebLinkAboutSS3 - Development Agreements Status ReportPpgT CITY OF NEWPORT BEACH Hearing Date: June 28, 1999 4�gW O m COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: SS#3 V _ PLANNING DEPARTMENT Staff Person: Eugenia Garcia 3300 NEWPORT BOULEVARD 644 -3208 NEWPORT BEACH, CA 92658 Supplemental Information (714) 644 -3200; FAX (714) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Status Report on Development Agreements Nos. 4.5.6.7.8,9, 10, and 11 PURPOSE: To conduct an annual review of current Development Agreements to review the applicants' good faith and substantial compliance with each agreement in addition to those terms and conditions required of the City of Newport Beach. REQUIRED ACTION: Hold hearing; determine compliance, modify or terminate: Development Agreements Nos. 4, 5, 6, 7, 8, 9,10 and 11. This report contains supplemental information received by the City regarding the annual performance review for compliance with the above referenced development agreements. The following table is a summary of the compliance status for each development agreement. Development Applicant Agreement No. 4 The Irvine Company, Library Exchange 5 Hoag Memorial Hospital Presbyterian 6 The Irvine Company, Circulation Improvement and Open Space Agreement 7 Pacific View Memorial Park 8 Ford Motor Land Development Land Corporation 9 Fletcher Jones Motor Cars 10 Newport Harbor Lutheran Church Summary of Compliance Status In Compliance In Compliance In Compliance In Compliance In Compliance In Compliance In Compliance 11 The Irvine Company and Irvine Community In Compliance Development Company Concerning Bonita Canyon Development Agreement No.6 Staff has received additional information regarding the CIOSA Open Space Dedications and has included the changes in bold on the attached chart, which replaces handwritten page #38 in the report for June 28. Development Agreement No. 7 As indicated in staffs previous report (handwritten page #65), Pacific View Memorial Park was not in compliance with the landscaping requirement for Area 8 and the northeasterly boundary of Building Site D. On June 28, staff met with the General Manager of Pacific View to address this issue. New landscaping in these two areas has been installed recently, and upon recommendations by staff, additional landscaping was to be installed to comply with the requirements of the development agreement. On July 2, staff visited the site to review the landscaping, and is now of the opinion that the two areas in question are in compliance with the requirements of the Development Agreement. Development Agreement No. 8 Since the initial reporting of compliance, staff has received concerns from a member of the Eastbluff community that there is compliance issues with Section 5.5, Eastbluff Traffic (handwritten page #72). The Eastbluff community in the vicinity of the Ford property has had a historical concern regarding the impact of through traffic on its streets. The EIR had concluded that the development of the Ford property (Pacific Bay Tract) would not contribute sufficient through traffic to constitute a significant impact on this existing problem. Further, Ford had no legal obligation to correct the existing problems and the City had no authority independent of the Development Agreement to impose a condition requiring Ford to correct the existing problem. Pursuant to the Development Agreement, Ford was to contribute to the solution of the existing traffic problem as follows: a. The determination of a solution shall be dependent upon an agreement between the Eastbluff community and the City. b. If the "solution" costs $50,000 or less: i. Ford will pay one - hundred percent of total cost of the capital improvements/traffic studies (as opposed to long -term maintenance) of the solution as actually implemented: or If the "solution" costs more than $50,000: i. Ford will pay one -third of the total cost of the capital improvements/traffic studies as actually implemented with a minimum payment of $50,000 and a maximum payment of $75,000. C. Ford will not be required to make a deposit offunds until a "solution" actually is approved by the City for implementation. Any funds actually deposited but not used to implement the solution shall be returned to Ford. d. If the City and the Eastbluff community have not agreed on a "solution " within one year from the Effective Date (7122196), and the date for agreement has not been extended by Ford, this obligation shall terminate. Pacific Bay Homes (Ford) has made payments to the City for traffic studies and improvements and directly to the Eastbluff Community Association for studies related to the existing problems. The community did not vote to gate the project. The date for agreement on a traffic solution has been extended twice, upon Eastbluffs request the first time and by Pacific Bay Homes the second time, and expired on December 31, 1997. Improvements to traffic patterns at Jamboree Road and Bison were implemented on a trial basis in January 1998, in order to reduce cut - through traffic in this area. The City Council is scheduled to consider making these improvements permanent at their meeting of July 26, 1999. Pacific Bay Homes has made an additional commitment (see attached letter) to fund expenses to mitigate traffic in Eastbluff, extended to December 31, 1999. Staff believes this commitment is an extra effort by Pacific Bay Homes to contribute to the resolution of traffic problems in Eastbluff and is consistent with the intent of the Development Agreement. Development Agreement No. 9 Councilmember Adams requested that the review of this development agreement also include a status report on lighting issues at the dealership. The mitigation measures and conditions of approval related to lighting are attached, as is the action plan to reduce lighting that was approved by the City Council in February 1998. After a 30 -day review period to determine the effectiveness of the lighting improvements, the City Council found the dealership in compliance with all lighting related mitigation measures and conditions of approval on April 13, 1998. The Council also directed staff to budget for landscaping that would screen the lighting from the view of nearby residents. That project was not completed in fiscal year 1998 -99, and the Council re- budgeted the project for 1999 -2000. Fletcher Jones has agreed to match City funds on the project, up to a maximum of $30,000, which brings the total project budget to $65,000. Councilmember Adams and staff have been working with Fletcher Jones and the neighbors on a planting plan that can be accepted by all parties, and believe we have achieved that. Staff is also working with the California Department of Fish and Game and Coastal Commission on permit approvals, and have learned of some biological issues with the landscaping plan, which will require additional research and possible alternatives to the plan. Item #3 on handwritten page #76 of the June 28`h report refers to the funding of the Bayview Drive extension and payments made to the City by Fletcher Jones Motorcars. Further research by staff indicates that the actual costs of the construction of the street were approximately $453,815.13. Fletcher Jones Motorcars made a contribution of $139,875.45 and an agreement was made with the City to make five (5) annual payments for the remainder of the actual construction costs. One payment of $62,787.97 was made on August 1, 1997, and staff cannot verify further invoices. The remaining balance owed to the City is $251,151.71. Staff will send an invoice for the 1998 and 1999 payments in August, 1999. Conclusion The decision before the City Council is whether to determine compliance with the terms of Development Agreements 4,5,6,7, 8,9, 10, and 11, if there is not substantial compliance with the terms of an Agreement, to terminate the Development Agreement, or, to modify any of the Agreements. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: EUGENIA GARCIA Associate Planner Attachments: CIO,t;' pen Space Dedications chart Le rer from Pacific Bay Properties Fletcher Jones Lights Action Plan Excerpt from Planning Commission minutes dated August 24, 1995, for Fletcher Jones Z a U a O Q U C = O p Z. p L O 0 y c H V O V V C p 3 p v` v n � 3 n 0 e c m c V 0 `o `o v v 0 p � a y = V L v V j`n v � jV J v v L O O � c 3 n o h c v 6 H c p v C p V O V n E en p � 9 2 T c v 3 C L T dV 6 O V F U.= u "J c _ T D U y 6�N o '> a c N n ¢ N 050 r ° v F C L y Z C? > p? U C c w n cu,y n I- V O N C O > U `L y O y T 7 e T 9 C G. p 6 G' _S „P� O C n v L u 7' 6 of cc w W ZLV, 5 ¢ N Q m n 7 v U 3 i v o c c y ry .. c = a u - Z a n a? Z H s .T. u a ^c _ m '^ c ry 0 n °°`` c I� V O O c V t O L p F' U O. C D F U 0 0 N A C .°e.�. p L. 3 C o c G `,C t O° y V h J v L L C 0° p C m ci c z V ¢ •� J n 9 D S yc N m V > m r' c J q > O C V V r F 'C v u P L L V O O y m .p. V n D �^� V ''V •T' .n ti e o e n Z U I 3 c a n A c ° c o o Fv v� 72 2 H s` E. Z Vi a= TL ea p in v `tl °� WO c�na�� an_cv�.nv�a a1 0 g o o�'_�Sa0, a Pmo a;N e� �L33;� =� �= vFiG F-F sari 8 F� 6a L O° ° Z Z Z°-� G ti Z LZU UOz U n w O L m E O➢ L CD c mp C 'J c? O V C y yG Z `° U = e a m y Wec o C. c = o v v e 3 G v o ,° .0 ° `o ^ `o c `o ° '-� = v Z i v ? o � Q 0 Z° G Ll o c n L o f c c c p c U s c U `v _ _v v O W WU g U 0 W D 0 or„aroW L L VI O Z j c Z W v O= Oc C E r at 8 9 Z C1 Uf>. ° c ° Z z 2 C = O p Z. p L O 0 y c H V O V V C p 3 p v` v n � 3 n 0 e c m c V 0 `o `o v v 0 p � a y = V L v V j`n v � jV J v v L O O � c 3 n o h c v 6 H c p v C p V O V n E en p � 9 2 T c v 3 C L T dV 6 O V F U.= u "J c _ T D U y 6�N o '> a c N n ¢ N 050 r ° v F pa cif ay PROPERTIES June 28, 1999 Mr. Richard Edmonston, Transportation and Development Services Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 Subject: Eastbluff Traffic Mitigation Dear Mr. Edmonston: Pacific Bay Properties hereby grants to the Eastbluff Homeowners Community Association an extension to December 31, 1999, during which Pacific Bay Properties will continue to fund expenses to mitigate traffic per the Ford Loral Development Agreement. Should you have any questions, please contact me at (949) 440 -7256. Sincerely, fRicjhtwland o Proect Manager cc: Barry Eaton 4041 Sla,Arthur Bottlevard, Suite 500, Newport Beach, CA 92660 10401 440.7200. P:u (940) w33-7557 FLETCHER JONES LIGHTS ACTION PLAN (Revised 2120/98) Item Status Shielding Service entrance lenses Automatic lighting control Lower parking lot complete Upper parking lot complete Complete Independent lighting engineer verifies system is programmed to do the following: • Upper parking lot off at 7:00 p.m. • Lower parking lot off at 10:00 p.m. • LED and most of service entrance off at 7:00 p.m. • Remainder of service entrance off at 10:00 P.M. Interior lighting Metal halide lights to be replaced with incandescent focus lights at night, with automatic control; to be completed by 2/27/98 Landscaping Letter from FJM to cleaning company requiring minimal lights in each area only as it is being cleaned Landscape architect to complete off -site landscaping plan by March 27, 1998. COMMISSIONERS AO 11PIR M, CITY OF NEWPORT BEACH MINUTES . 9I 1M0 ROLL CALL T1 ♦ I 1 Y INDEX Tamarisk (Tamarrx spp.). Permitted Species Some invasive, exotic species are known to be controllable in well managed situations. Such species may be used in project landscaping if a City approved biologist approves the species and proposed use. For example, areas that are separated from existing wetland areas by a substantial area of paving could be planted with hybrid bermuda grass. Non - native, invasive species that could be used under these circumstances include, but are not limited to, the following: Hottentot -fig (Owpobrolus edrdis)r Bermuda grass (Cynodon dactylony Myoporum (Myoporum laelum) Pepper trees (Schimrs spp.) Cape Honeysuckle (Tecomaria capensis)l Periwinkle (Irinca spp.). r Should be prohibited in areas adjacent to natural open spaces. 2 Hybrid Bermuda grass, which is sterile or produces only sterile seed, should be permitted in landscaped areas, when surrounded by an appropriate hardscape buffer or an apron of non - invasive plant species (to prevent vegetative spread into natural areas). 44. The effects of night lighting on adjacent natural areas, including the S=C mitigation site, will be reduced by the design of lighting that is either low intensity or highly directional. Prior to the issuance of building permits, a lighting plan shall be approved by the City, demonstrating that appropriate lighting will be installed for the display area, parking lots and areas adjacent to wetlands to minimize spillage into the habitat areas. The plan will -21- (�Z COMMISSIONERS \�� CITY OF NEWPORT BEACH MINUTES ROLL CALL A11811ST Z-* INDEX include, but not be limited to, lighting directed onto the project site, and the use of soft fight intensity fixtures Prior to the issuance of any certificate of use and occupancy, the project proponent shall provide evidence, meeting the approval of the City, that the installed lighting meets the objectives of the plan. If necessary, shields on the back of lights or other screening shall be placed to cut off light beyond project area. 45. Prior to the issuance of grading permits for the project, a detailed Interim Habitat Loss Mitigation Plan (fliLMP) shall be prepared by the City and submitted to the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) for approval. The purpose of these measures is to increase the amount and quality of scrub habitat that can be utilized by the California gnatcatcher and other species that require this habitat. This will both compensate for the project induced loss of potential breeding habitat and increase the potential for wildlife movement by increasing the size of important populations. The specific habitat replacement and exotic weed removal measures discussed below are to be incorporated into the detailed IHLMP, although they may be modified with the approval of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The detailed IHLMP will include the following elements: Overview /Objective Plant Palettes and Planting Densities Planting Methods and Timing Site Preparation Exotic Weed Removal Irrigation • Maintenance Performance Standards _22_ 103 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES August 24. 1995 ROLL CALL INDEX standards. All handicap parking shall be designated with a sign and pavement marking 22. That the monument signs, slopes, walls and landscaping along the Jamboree Road frontage shall be considered in the site distance requirements. The Bayview Way and Jamboree Road intersection shall be designed to provide sight distance of 50 rules per hour. 23. That all unloading and loading of vehicles shall be done on -site. 24. That site access shall be provided for emergency access per City Fire/Marine and Public Works standards. 25. That on -site fire hydrants shall be provided as required in the Uniform Building Code and Fire(Marine standards. 26. That all buildings shall be fully sprinklered per NFPA 13 and FireMfarine standards unless otherwise determined by the Fire Department and Building Department. 27. That the applicant shall provide fire protection equipment and devices associated with special hazards presented in design of the facility and protect those hazards as prescribed in the Uniform Building Code and nationally recognized standards as approved by the Fire/Marine Departments. 28. That all automobile servicing, repair, washing and detailing shall be conducted within the building. 29. That all wash water shall drain into the sanitary sewer system and that grease traps shall be provided in all drains where petroleum residues may enter the sewer system unless otherwise approved by the Building Department and the Public Works Department 30. That the illumination of any open automobile display area or roof top parking area shall be designed and maintained in such a manner as to -32- COMMISSIONERS AO CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL Cut. INDEX eliminate direct light and glare on adjoining properties southerly and westerly of the site. A timing device shall turn off any light facing towards the residential properties or neighboring properties at 10:00 p.m. every night Said design features shall be incorporated into a lighting plan prepared and signed by a Licensed Electrical Engine with a letter from the engineer stating that, in his opinion. that these requirements have been met. That the lighting and Mu nination plan for the roof top parking area shall be subject to the approval of the Planning Director. . 31; That no outdoor loudspeaker or paging system shah be permitted, in conjunction with the proposed operation unless otherwise approved the Planning Department. 32. That no windshield signs shall be permitted, and that an signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 33. That no banners, pennants, balloons, wind signs, moving signs, or flashing or animated electrical signs shall be displayed. 34. That a Use Permit shall be required for the establishment of a restaurant that is open to the general public, within the facility. 35. That the project comply with the Uniform Building Code, disabled access, and energy regulations. 36. Health Department approval is required for the food establishment located within the project. 37. That where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department. 38. That all employees shalt park on -site. -33- COMMISSIONERS 9\ CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX 39 That the hours of operation shall be limited between 6:00 a.m. and 10 :00 p.m. dairy. 40. That all trash area shall be screened from adjoining properties and streets. That the project shall be designed to eliminate light and glare spillage on adjacent uses. 42. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and the Public Works Department. 43. That Coastal Commission approval shall be obtained prior to issuance of any grading or building permits unless otherwise approved by the Public Works Department and the Planning Department. 44. That the Planning Conunission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 45. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. G. Dervinnnrent Arfeenrent No. 6 (CIOSA); Adopt Resolution No. 1403 recommending City Council approval of Revisions to Development Agreement No. 6. -34- 1 q6