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HomeMy WebLinkAbout16 - Development Agreement 6 CIOSA Status ReportSEW GORT CITY OF NEWPORT BEACH Hearing Date: p" o� COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: In PLANNING DEPARTMENT Staff Person: 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL September 13, 1999 16 Eugenia Garcia 644 -3208 SUBJECT: Status Report on Development Agreement Number 6 (The Irvine Company, Circulation Improvement and Open Space Agreement [CIOSA]) ACTION: Hold hearing; determine compliance, modify or terminate: • Development Agreement No. 6 This item was continued from the City Council meeting of August 9, 1999. Staff's complete report and minutes of the City Council meeting are attached. Staff was directed to meet with the project developer, Taylor Woodrow, to resolve issues concerning the replanting of the bluff top with native vegetation, the timing of the acceptance of the maintenance responsibility by the City, and the replacement of the fencing along the public trail. As a result of meetings with the developer, they have agreed to correct problem "growth areas," specifically, the overgrowth of the saltbush, and removal of ice plant recently planted by some residents along the bluff top. This will be accomplished by removing, trimming and replacing with native plant species. The replanting will take place in late October or early November, 1999. The developer has agreed to replace the existing fence along the public trail with similar materials as the City fence along the passive park trail. In order to eliminate the problems associated with replanting, (the ongoing trampling of the vegetation by residents and pets) in the area outside of the fence along the trail, the developer has agreed to relocate the fence closer to the public trail. The Public Works Department and General Services Department are to approve the fence specifications and location prior to installing the new fence. The fence will be replaced in September or October, prior to the replanting of the bluff top in order to replant the areas where the fence was removed. After the replanting, the City will "walk" the site with the project developer and their consultant for final inspection of the site. If the replanting is acceptable, Taylor Woodrow has requested that the City accept the maintenance responsibility for the bluff -top. The site will be monitored for 180 days by the environmental consultant, the landscape contractor, and the City, to insure the continued growth and maintenance of the revegetated areas. The developer has agreed to bear the expense of the consultant's costs and the landscape contractor's costs for the 180 days. Staff believes this is a reasonable request since the replanting will meet the requirements in the 0 mitigation measures and Development Agreement, and in light of Taylor Woodrow's agreement to the replace the fence. The developer is required to draft an agreement for the future maintenance of the "inboard" side • of the public trail to be reviewed by the City. As a condition of approval of Tentative Tract Map No. 15012 for the Upper Castaways, all landscaping inland of the bluff top trail is to be planted and maintained by the developer/homeowners's association. The agreement is currently being drafted and will be submitted to the City for review and approval prior to the acceptance of the maintenance responsibility of the bluff top. The project developer has worked with the City to resolve the issues that have been problematic for this development. Additionally, because the developer is replanting the bluff top areas with continued monitoring, and replacing the existing fence along the trail, staff is of the opinion that the Upper Castaways project is in compliance with the Mitigation Measures of the EIR, the Coastal Development Permit, and the requirements of Development Agreement No. 6. Submitted by: Prepared by: SHARON Z. WOOD EUGENIA GARCIA Assistant City Manager Associate Planner Attachments: 1. Project site map 2. Map of trail, island, and bluff areas 3. August 9, 1999 City Council minutes 4. August 9, 1999 City Council staff report Page 2 0 ■ if 04 IT �s�ll'1 �y° =? Sj � /''Y'y�3 .YV��F i� � , r �, l,� t.-?7 .0 w RI cr) 0 0 L. w RI I� �J i� 0 ( 1 � r CL Q Ca U CO C Cu J .O i Cu O C U) cz Cn cz U a� CL CL �-J City of Newport Beach City Council Minutes August 9, 1999 INDEX 17. STATUS REPORT ON DEVELOPMENT AGREEMENT NO. 6 (THE C -2920 i IRVINE COMPANY, CIRCULATION IMPROVEMENT AND OPEN Development SPACE AGREEMENT [CIOSAI (contd. from 7/12/99). Agreement No. 6 CIOSA Mayor O'Neil opened the public hearing. (38) Assistant City Manager Wood stated that the CIOSA development agreement was carried over because of some questions regarding the landscaping and fence work at the Castaways. She indicated that staff has worked with the project developer and that a number of things have been done to correct some of the problems. She reported that there is compliance with the development agreement. Referencing page 3 of the staff report, Council Member Glover expressed the opinion that the fence is inferior and asked if the City will accept such a fence from Taylor Woodrow. Ms. Wood reported that none of the conditions for approval specified the type of fence to use and that the City approved the fence that was installed. Council Member Glover believed that the assumption was that Taylor Woodrow would give an appropriate fence that meets City standards and that they should respect the community enough to provide decent fencing. City Attorney Burnham indicated that the City cannot deny the development agreement based on the fence issue. However, he noted that the City has not yet accepted the maintenance responsibility for all improvements and landscaping and indicated that it is the City's intent to discuss the fence issue with Taylor Woodrow. City Manager Bludau recommended that this item be tabled until the City can have discussions with Taylor Woodrow. In response to Council Member Glover's statement that she will not support this until Taylor Woodrow provides decent fencing, Council Member Ridgeway indicated that the City has not yet accepted this and that the City has until 2001 before it accepts the improvements. He clarified that tonight's action is to indicate that Taylor Woodrow is in compliance with the landscaping. A.J. Jarvis, Development Manager for Taylor Woodrow, 20466 Ridge Route Drive, Laguna Hills, stated that they have commenced the remedial work along the bluff top for the removal of saltbush, as recommended by their environmental consultant, and that they will continue to do this over the next three to four weeks. He indicated that Taylor Woodrow is in agreement with staffs recommendations regarding the revegetation of the Castaways bluff top. However, he took issue with the recommendation that Taylor Woodrow maintain responsibility until the overgrowth of the saltbush is under control and replanting has been successful, noting that it could take about two years before the plants grow. Mr. Jarvis stated that Taylor Woodrow requests that the maintenance responsibilities be immediately transferred to the City following the trimming of the saltbush and the replanting of the new specie. He explained that Taylor Woodrow has met, and sometimes exceeded, the revegetation planting; tLerefore, is in compliance with the Coastal Development Permit (CDP) and the EIR mitigation measures. He noted that much of the trampling /damage that occurred was a result of the City's request to have the chain link fence removed. He indicated that he sent correspondence and a report from LSA Volume 52 - Page 654 �J City of Newport Beach City Council Minutes August 9, 1999 'A to Development Engineer Hoffstadt that stF strongly opposed to the removal of that fence. was Mr. Jarvis stated that Taylor Woodrow erected a fence that was designed to be viewed through and was not intrusive. He stated that they spent $14,000 to $20,000 to replace the fence, but indicated that he will go back to Taylor Woodrow to let them know what Council Member Glover's views are and then meet with Public Works later in the week. Council Member Glover stated that she has been receiving emails and calls regarding the fence from people who purchased Taylor Woodrow homes and expressed concern for those who are looking at these fences. She indicated that she understands the problem with the trampling of the vegetation, but stated that, until the area establishes itself, everyone is needing to replant.. Mr. Jarvis reported that the titles for those areas have been conveyed to the City. Further, the City accepted the trail and that the fence probably falls under the definition of the trail. He indicated that he is the President of the Castaways Homeowners Association and that he has not received any calls. Council Member Ridgeway referenced page 3 and stated that Taylor Woodrow technically does not have to provide a new fence and reiterated that Mr. Jarvis indicated that they will work to provide an adequate fence. He pointed out that Taylor Woodrow has not provided fencing to the island area and, therefore, are not in full compliance and the City cannot receive the dedication. Council Member Ridgeway noted that the saltbush has not been eradicated and that this also shows that they are working towards compliance even though they are not currently in compliance. There being no further testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Ridgeway to continue this item for 30 days. The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: None BLOCKBUSTER VIDEO SIGN (MARK FRANK, CONTACT PERSON), 007 EAST COAST HIGHWAY — REQUEST TO PERMIT THE I LATION OF A ROOF SIGN ON A NEW PARAPET WALL WHER HE CODE LIMITS ROOF SIGNS TO BUSINESS LOCATION AT PRECLUDE THE EFFECTIVE USE OF A POLE SIGN, GROUND 516<Z PROJECTING SIGN. Planning Director Temple sta�htk meeting, the applicant offered a reds Planning Commission approved the size limitation of 4 -feet by 8 -feet. at the July 22 Planning Commission L.kign size as one of the options. The epos ogo/broken ticket sign with a In response to Council Member Debay's questions, Ms. Temple Aatcdthat the zoning code does not have good definitions to determine if this was a INDEX Modification 4879 Blockbuster Video Sign (94) Volume 52 - Page 655 lO 1� �J �F,VI�RT CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200: FAX (949) 644.3250 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL August 9, 1999 17 Eugenia Garcia 644 -3208 SUBJECT: Status Report on Development Agreement Number 6 (The Irvine Company, Circulation Improvement and Open Space Agreement [CIOSA]) SUGGESTED ACTION: Hold hearing; determine compliance, modify or termi>t� Q • Development Agreement No. 6 Background This item was continued from the City Council meeting of July 12, 1999 for further review of issues concerning open space requirements at Upper Castaways. Staff was requested to provide information regarding the status of the dedication of open space, plantings located on the bluff side . of the public trail, fencing and vegetation adjacent to the trail, and the replacement of native vegetation with other types of plantings in the "circle" areas adjacent to the trail. The City Council approved Final Tract Map No. 15012 for the Upper Castaways on April 8, 1996 and on July 27, 1998, by Resolution No. 98 -56, accepted the dedication of the bluff top trail and passive park parcels for public use. However, the City has not accepted the maintenance responsibility pending completion of all conditions of the Development Agreement and CIOSA. Discussion The bluff top and park parcel is divided by a paved pedestrian trail shown on Attachment 2. The "outboard" side of the trail has specific conditions and guidelines for revegetation contained in the Development Agreement and the Coastal Development Permit. This area is to be planted with only native vegetation between the bluff face and public trail. The EIR required stabilization of eroded portions of the bluff edge of the Castaways site and required that the repaired areas be replanted with native vegetation. On June 28, 1995, a "Habitat Mitigation and Monitoring Plan for the Upper Castaways" was approved by the California Department of Fish and Game and California Coastal Commission, and a landscape plan was subsequently approved by the City. The principal objective of the plan was to establish at least 0.25 acre of native coastal sage scrub on the portions of the bluff top in need of repair from erosion, using a palette of representative shrubs and herbs that would be compatible with the adjacent natural habitat. The goal of the plan was 60 percent coverage at the end of a five year period. Although the mitigation requirement originally addressed only the erosion repair areas, I the final landscaping plans also included an additional 0.75 acre area in need of revegetation. This was in the bluff top area between the new public trail edge and the undisturbed coastal sage scrub . and annual grassland habitat on the bluff face, and resulted in a total of 1.0 acre of replanted native vegetation. In January, 1996, the implementation of the mitigation/landscaping plans involved the completion of the bluff edge repairs and seeding to encourage plant development that would inhibit erosion and loss of topsoil. In December 1996, after the completion of the public trail, the area between the trail edge and bluff face was planted and seeded. According to a report prepared this year by LSA, the consultant for the developer, and accepted by the Public Works Department, the eroded areas along the bluff edge that were repaired and revegetated with native species have met or exceeded the five year growth criterion within three years. The remaining area of the site, between the trail edge and the preexisting natural vegetation (approximately .75 acres), has exceeded the goal of 60 percent coverage by desired native species. Notwithstanding the 60 percent coverage, there has been a recent overgrowth by Brewer's saltbush (included in the approved plant palette), which has reduced the otherwise satisfactory results observed earlier in 1999. Concerns have been raised by both the residents and the City regarding the prevalence of the saltbush along the top of the bluff which has overtaken many of the other native species in this area and is affecting views to the bay for many adjacent homeowners. This has resulted in several of the homeowners trimming the high brush cover down to the level of the top of the rail fence (about three feet) to retain their views. In a few areas, some plantings have • been cut down entirely, with debris left behind. In one area in particular, virtually all the native shrubs were recently removed and the area was replanted with iceplant seedlings. The iceplant is not native to California and is quite invasive and may encroach into natural habitat areas, thus diminishing habitat values by displacing appropriate native plants. Staff has had several recent conversations with both the developer and their consultant for possible solutions to the saltbush overgrowth. Since Brewer's saltbush is not considered a sensitive species, and removal, trimming or thinning of this plant will not be considered an adverse impact on the revegetated coastal sage scrub habitat, specific recommendations by the consultant for its removal are now being implemented and will continue for the next several months. Specifically, the saltbush on the slope will be trimmed to a height of 2 �/2 feet and thinned out to within six feet of the fence railing and wherever other native shrubs in otherwise good condition are currently being overshadowed. Thinning should be accomplished by the end of September 1999. An estimated time for completion of the revegetation of the saltbush areas is approximately through the next growing season (June, 2000). The developer is also in the process of removing the iceplant and replanting the areas with native plant species. It is the City's position that accepting the maintenance of both the bluff top trail and the passive park parcel should be deferred until the saltbush overgrowth is under control and native vegetation well established. The "inboard" side of the pedestrian trail is a 12 -foot strip of landscaping between the paved trail and the backyard retaining walls of the residential properties. CIOSA and Condition No. 14 of . Tentative Tract Map No. 15012 included this area in the requirement for a plant palette containing f' d Page predominantly native species. Landscape plans approved by the City indicate a mixture of native and ornamental species, which complied with this provision. The condition also requires that all landscaping and irrigation inland of the bluff top trail shall be planted and maintained by the developer /association. Per phone conversations with staff on July 28, 1999, the developer is in the process of drafting an agreement for the future maintenance of this area, to be reviewed by the City. The responsibility for the maintenance of this area is with the developer, Taylor Woodrow, until it passes to the homeowners association. Another issue of concern is the 3 foot wide strip of land located between the paved trail edge and the rail fence, and the small trail islands.' These areas have not performed well primarily due to trampling and dog traffic, which has become an ongoing problem. These areas were not required to be included in the revegetation plan, although the developer has planted these areas with native species. Specific recommendations by the consultant are to place a barrier or screen fence around the perimeters of the islands and the trail edge to prevent excessive incursion by pedestrians, cyclists and canines while newly planted native plant material become established. Fences or screening is estimated to be in place through the second growing season (June, 2001). There were no specific requirements in the development approvals for the type of fencing to be installed along the pedestrian trail. The existing fence that separates the revegetation area and the pedestrian trail was approved by the City on the landscape plans and installed by the developer. • The time frame for the completion of the habitat mitigation and monitoring plan is approximately five years beginning in December, 1996. Completion of the project is projected to be at the end of the growing season in June, 2001. The City is not expected to accept the maintenance responsibility until such time as the overgrowth of the saltbush is under control by the developer and the replanting has been successful. Because the revegetation plan achieved the expected standards to date, and the developer is correcting problems that were out of their control, staff is of the opinion that the Upper Castaways project is in compliance with the Coastal Development Permit, the Mitigation Measures of the EIR, and the requirements of Development Agreement No. 6. A Submitted by: SHARON Z. WOOD Assistant City Manager Attachments: 1. Project site map 2. Map of trail, island, and bluff areas Prepared by: EUGENIA GARCIA Associate Planner E. - final trail alignment configuration created three small islands of bare ground. Pagp3' 9