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07 - Newport Coast-Newport Ridge Prezoning & DA
�fygpgr CITY OF NEWPORT BEACH Hearing Date: October 24, 2000 PLANNING DI P. {RIMt'NT Agenda Item NO.: 7 33-9 NEWPORT BOnLrVARD Staff Person: Larry N. Lawrence T .4F WPORT ISEMN. G g2656 (949) 661 -8175 (919)644-37 -. FAX (919)641-3=50 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Prezoning and Development Agreement for the Newport Coast/Ridge Area -- Second Reading SUMMARY: Zoning Amendment No. 902 (PC Nos. 52 and 53), and Development Agreement No. 14: Second reading and adoption of the prczorting ordinancc and development agreement to provide for annexation of the Newport Coast/Ridge area to the City. ACTION: (1) Adopt Ordinance No. 2000 - approving Zoning Amendment No. 902 (PC Nos. 52 and 53); (2) Adopt Ordinance No. 2000 - approving Development Agreement No. 14. BACKGROUND On October 10, Council introduced ordinances to prczone the Newport Coast/Ridge area and to approve a development agreement with the Irvine Company. Attached arc the applicable ordinances for second reading and adoption. fhc final development agreement, including all supporting exhibits, is attached to the applicable ordinance. At the October 10 meeting, a question was raised regarding open space acreage in the annexation area. The totals arc: 5,441 acres in annexation area with 2,844 acres of open space, or 52 %. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: LARRY N. LAWRENCE Project Manager Attachments: I. Prezoning Ordinance; with Exhibits'-ZA -1 ": New Districting Map Nos. 68 and 69," ZA- 2". Adoption of Newport Coast LCP Implementing Actions Program by Reference, and "LA -3 ": Adoption of Newport Ridge Planned Community Program by Reference. 2. Ordinance approving Development Agreement; w/Exhibit "DA -I ". Development Agreement. ORDINANCE, 2000- AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A ZONING AMENDMENT FOR PRE.ZONING OF THE NEWPORT COASTIRIDGE AREA [ZONING AMENDMENT 902 WHEREAS, the City of Newport Beach has initiated actions to annex territory to the City of Newport Beach. including the Newport Coast and Newport Ridge Planned Communities and other area adjacent to. but outside of. these two Planned Communities. The entire area to be annexed is sometimes referred to in this Ordinance as Newport Coast/Ridge. That portion of Newport Coast/Ridge within the Coastal Zone and /or the Newport Coast Planned Communities is sometimes relerred to as Newport Coast and that portion of Newport Coast/Ridge o.rtside of the Coastal Zone and/or within the Newport Ridge Planned Communities is sometimes referred to as Newport Ridge: and WHEREAS, Newport Coast/Ridge has been in the Newport Beach sphere of influence for more than �0 years but the land use planning and development processing for the area has been conducted by the County of Orange with assistance from the Coastal Commission: and WHEREAS, the County and The Irvine Company entered into the initial Newport Coast Development Agreement (Agreement) on May 23rd, 1988. That Agreement was most recently amended on December 3. 1996 and the Coastal Conunission approved the amended Agreement on December 10. 1996: and WHEREAS, the Coastal Commission certified the Newport Coast LCP and First Amendment on January 14. 1988. The Coastal Commission approved a Second Amendment to the LCP and a Master Coastal Development Permit on December 10. 1996: and WHEREAS, Newport Coast development is also governed by a June 27. 1997 "Settlement Agreement- between the County. The Irvine Company. Stop Polluting Our Newport (SPON) and Friends of the Irvine Coast: and WHEREAS, the County. in the course of land use planning the Newport Coast/Ridge. has identified significant portions of land owned by The Irvine Company (Company) that contains valuable habitat and has ensured preservation of that valuable habitat by requiring dedication to public agencies subject to Company's right and ability to develop portions of the Property in accordance with the Development Plans and Development Approvals. The Newport Coast is part of the Natural Communities Conservation Plan (NCCP), a complex agreement administered by the County that involves, among other things, the phased dedication of valuable habitat in the Newport Coast and other portions of the County; and WHEREAS, the NCCP and the land use permits, plans, approvals and agreements governing land use in Newport Coast/Ridge represent an extremely complex and integrated plan (Land Use Plan) for the preservation and development of the property. The administration and implementation of the Land Use Plan requires a level of staffing, expertise, knowledge and experience that can only be found in the County employees and officials that have been intimately involved in the preparation of the documents that comprise the Land Use Plan. The failure to properly administer or implement the NCCP and/or the Development Approvals could deprive the public of the benefits of the proposed dedications of valuable habitat or interfere with the rights of landowners to develop property - development that is a precondition to the dedications; and WHEREAS, the County has prepared all of the documentation required by the California Environmental Quality Act (CEQA) for the Land Use Plan including numerous environmental impact reports (E1R's) and, in the case of the LCP approval, the functional equivalent to an E1R. These environmental documents have fully evaluated all potential impacts related to implementation of the Land Use Plan, have fully informed the decision maker and the public with respect to any significant unavoidable impact, and the County has adopted all feasible mitigation measures; and WHEREAS, prior to annexation, the City intends to enter into a joint powers agreement or similar arrangement with the County of Orange that would, upon annexation, delegate the City's land use authority over the Newport Coast/Ridgc to the County and restore land use jurisdiction to the City upon full implementation of the Land Use Plan. The purpose of the delegation and the joint powers agreement is to ensure that the development and dedication of valuable habitat is processed by the County consistent with the Land Use Plan; and WHEREAS, pursuant to Section 65300 of the California Government Code, the City of Newport Beach has prepared and adopted a comprehensive, long -term General Plan for the physical development of the City and land outside of its boundaries which bears relation to its planning; and is WHEREAS, the California Govemmcnt Codc requires zoning of property to be consistent with a city's General Plan designation of the property; and WHEREAS, the City is required to cstablish zoning and General Plan designations for Newport Coast/Ridgc in conjunction with the proposed annexation; and WHEREAS, the City intends, through this Ordinancc and othcr planning documents, to adopt zoning and General Plan designations for Newport Coast/Ridge that strictly conform to the Land Use Plan that has been approvcd by all public entities with jurisdiction over the property and authorize amendments to the Land Usc Plan such as conversion of uses so long as there is no increase in average daily trips; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City has completed an Initial Study, determined that the impacts of any action taken through this Resolution have been fully evaluated in previously certified Environmental Impact Reports, that the conditions to the preparation of a Subsequent or Supplemental EIR do not exist, and that a Ncgativc Dcclaration is appropriatc; and WHEREAS, on September 21, 2000, the Planning Commission of the City of Newport Bcach held a public hearing rcgarding the proposed amendments and related items and forwarded them to the City Council with a recommendation of adoption; and WHEREAS, on October 10, 2000, the City Council of the City of Ncwport Bcach held a public hearing rcgarding the proposed amendments and related items, and testimony was presented to and considered by the City Council; and WHEREAS, the public was duly notified of the preceding public hearings. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1, ENVIRONMENTAL REVIEW. Pursuant to CEQA Guidelines Section 15063, an Initial Study has been prepared for this project. After reviewing the Initial Study, the proposed Ncgativc Dcclaratior., and all comments received during the public review process, the City Council hereby approves a Negative Declaration reflecting the independent judgment of the City of Newport Beach, and determines that the project is identical to a project approved after certification of numerous environmental documents as described in Exhibit GP -5 and that the 3 circumstances described in Section 15162 and 15163 of the CEQA Guidelines do not exist. SECTION 2: ZONING AMENDMENT. In light of the prcceding findings, the City Council hereby approvcs Amendment 902, consisting of the following: a. Addition of Districting Map Nos. 68 and 69 cstablishing zoning for the Newport Coast/Ridgc annexation area, as shown on Exhibit ZA -I attached hereto. b. Adoption of PC Dcvclopment Plan PC -52, consisting of the Newport Coast LCP's Implcmcnting Actions Program for the Newport Coast arca, and PC Development Plan PC -53, consisting of the Newport Ridge Planncd Community Program for the Newport Ridge area. The Newport Coast Local Coastal Program's Implementing Actions Program is Exhibit ZA -2 of this Ordinance. The Newport Ridge Planned Community Program is Exhibit ZA -3 of this Ordinance. C. The prcccding zoning dcsignations shall constitute prezoning of the annexation area and shall become effectivc upon the approval of the annexation by LAFCO. SECTION 3: EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall attest to the passagc of this Ordinancc. This Ordinancc shall be publishcd once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. 4 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on October 10, 2000 and adopted on October 24, 2000 by the following vote, to wit: A'fTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL. MEMBERS 5 MAYOR EXHIBIT ZA -1: DISTRICTING MAPS NOS. 68 AND 69 EXHIBIT ZA -2: NEWPORT COAST LCP IMPLEMENTING ACTIONS PROGRAM (ADOPTED BY THE COUNTY OF ORANGE DECEMBER 3, 1996) /Distributed separately due to bulk. Available for public inspection at the City Planning Department/ EXHIBIT ZA -3: NEWPORT RIDGE PLANNED COMMUNITY PROGRAM (ADOPTED BY THE COUNTY OF ORANGE MARCH 17, 1998) /Distributed separately due to bulk. Availablejor public inspection at the City Planning Department) ORDINANCE 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY DEVELOPMENT AGREEMENT NO. 141 The City Council of the City of Newport Beach DOES HEREBY 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 the 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. Califomia govcmment Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in 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 C. The Development Agreement has been prepared in compliance with state law and the Newport Beach Municipal Code; and f. On September 21. 2000, the Planning Commission of the City of Newport Beach held a duly- noticed public hearing regarding the proposed Development Agreement and; and g. The Planning Commission found that the Development Agreement is in conformance with the Newport Beach General Plan. as proposed by accompanying General Plan Amendment No. 99 -3(C). and forwarded the Development Agreement to the City Council with a recommendation of adoption, subject to certain amendments; and h. On October 10, 2000, the City Council of the City of Newport Beach held a duly - noticed public hearing regarding the proposed Development Agreement, and testimony was presented to and considered by the City Council; and i. Pursuant to the California Environmental Quality Act (CEQA), the City has completed an Initial Study, determined that the impacts of the subject Development Agreement have been fully evaluated in previously certified Environmental Impact Reports, that the conditions to the preparation of a Subsequent or Supplemental EIR do not exist, and that a Negative Declaration is appropriate; and j. The Development Agreement will preserve the benefits of years of land use planning and open space- habitat preservation efforts, while establishing ultimate City control of the area.. SECTION 2. Development Agreement No. 14, attached hereto as Exhibit DA -1, is hereby adopted. SECTION 3. The Mayor shall sign and the City Council shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become 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 October 10, 2000, and adopted on October 24, 2000 by the following vote, to wit: 2 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS A'1 "I'ES�I CITY CLERK MAYOR EXHIBIT DA -1: DEVELOPMENT AGREEMENT ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE IRVINE COMPANY AND IRVINE COMMUNITY DEVELOPMENT COMPANY CONCERNING THE NEWPORT COAST AND ADJACENT PROPERTIES : Wsers\cat lshared\BumhamWewportCoastOA \101800 doc ANNEXATION AND DEVELOPMENT AGREEMENT This Annexation and Development Agreement (hereinafter "Agreement') is entered into effective as of 2000, (hereinafter the "Effective Date ") by and among the CITY OF NEWPORT BEACH (hereinafter "CITY "), and THE IRVINE COMPANY and IRVINE COMMUNITY DEVELOPMENT COMPANY (hereinafter collectively "OWNER "). RECITALS A. OWNER collectively owns a substantial portion of the real property ('Property ") described on Exhibit "A" and depicted on Exhibit "B," consisting of approximately five thousand, four hundred and forty -one (5441) acres. B. The Property is currently in the unincorporated area of the County of Orange ( "County "). OWNER has obtained development approvals for the majority of the Property from the County, and has commenced subdivision and development of the Property under the jurisdiction of the County. C. The development approvals for the Property have been approved as a result of a lengthy planning process and the preparation of numerous environmental documents (Planning and environmental history is attached as Exhibit "C "). The development approvals include: 1. The Newport Coast Local Coastal Program and Master Coastal Development Permit for that portion of the Property in the Coastal Zone. 2. A Development Agreement with the County (County Development Agreement). 3. The Newport Ridge Planned Community Plan. 4. Subdivision Maps. D. The Property is also part of the Natural Communities Conservation Plan (NCCP) — a complex agreement that requires OWNER to dedicate portions of the Property upon completion of certain phases of development. OWNER is also required to dedicate large portions of the Property pursuant to the development approvals. The NCCP and the Newport Coast Local Coastal Program both include territory that is not to be annexed by the CITY and is not covered by this Agreement \ users \cat\shared\BurnhamW ewportcoast\DA \101800.doc 2 E. OWNER was required, by the development approvals, to make costly infrastructure improvements that far exceed, in terms of size, capacity and cost, the improvements that would have been necessary to mitigate the impacts, or serve the needs, of the development. OWNER was required to make, and has made, these extraordinary improvements prior to development of the Property. F. OWNER has acquired a fully vested right to develop the Property in accordance with the development approvals because of the extraordinary expenditures for public and private improvements made in reliance on the development approvals, the dedications made in reliance on the development approvals and the County Development Agreement. G. CITY and OWNER intend for this Agreement to supplement the County Development Agreement in light of the CITY's intention to delegate to the County all land use authority over the Property until such time as the Project is complete. H. The Property is within CITY's sphere of influence. City is desirous of annexing the Property but recognizes that the development approvals for the Property involve complex and interrelated planning documents and CITY does not have sufficient staff to timely process the permits required for development in compliance with all the development approvals. Moreover, the development approvals and land use plan involve the dedication of valuable habitat and open space within and outside of the boundaries of the Property and City does not have the personnel and expertise to ensure that dedications occur as planned. I. CITY and OWNER have discussed the process and terms and conditions of annexing the Property to CITY, and each has determined that it is in their respective best interests to pursue that annexation pursuant to the terms of this Agreement and the development approvals. In particular: 1. CITY desires assurances that OWNER will support eventual annexation of all of the Property to CITY, in order to: a. facilitate the timely and orderly integration of the Property into the CITY consistent with the CITY's sphere of influence; b. facilitate planning and provision of municipal services to the Property without any adverse fiscal impact on the CITY or adverse impact on the ultimate owners of the Property; and C. ensure consistency with and implement the CITY's General Plan; and \userska1l shared\Bumham WewporlCoasr\DA\101800.doc 3 2. OWNER desires to obtain assurances from CITY that subsequent to annexation: a. OWNER will still be able to develop the Property to the full extent permitted by the development approvals granted by the County and the Coastal Commission and consistent with the City's General Plan; b. development will be processed by the County in accordance with a uniform set of land use and building rules, regulations and requirements, as established by the development approvals given by the County for the Property prior to its annexation; and C. development of the Property will be subject only to costs, fees, processing requirements, conditions or exactions that would have been imposed had the Property not been annexed to CITY,. J. In addition to the authority at common law for annexation agreements, Government Code Sections 65864 et seq. ( "Development Agreement Law "), and Newport Beach Municipal Code Chapter 15.45, authorize CITY to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic costs of such development. K. The City Council has found that this Agreement is in the best public interest of the CITY and its residents, adopting this Agreement constitutes a present exercise of its police power, and prior to and as a condition precedent to annexation of the Property, this Agreement will be consistent with the City's General Plan and with Newport Beach Municipal Code Chapter 15.45. L. Nothing in this Agreement is intended to impair the rights and obligations of OWNER under and pursuant to either or both the Newport Coast Local Coastal Program, Second Amendment, and the Litigation Settlement Agreement entered into June 27, 1997, by and among OWNER, the Friends of the Irvine Coast, Laguna Greenbelt, Inc., and Stop Polluting Our Newport. \ users\ cat\ shared\ BumhamWewportCoaslMA \101800.doc 4 COVENANTS NOW, THEREFORE, the Parties agree as follows: DEFINITIONS AND EXHIBITS 1.1 Definitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized, or all letters capitalized, when used in the Agreement. The defined terms include the following: 1.1.1 "Agreement' means this Annexation and Development Agreement. 1.1.2 "Coastal Zone Area" means that portion of the Property that is subject to the provisions of the California Coastal Act, Public Resources Code section 30000 et seq. 1.1.3 "CITY' means the City of Newport Beach, a California charter city. 1.1.4 "County' means the County of Orange, a political subdivision of the State of California. 1.1.5 "Development' whether or not capitalized means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping and park facilities and improvements. For purposes of this Agreement, however, "Development" does not include any remodeling, reconstruction, or other building or grading activity by any person subsequent to the termination of this Agreement as provided in and pursuant to Section 2.3.3 below. 1.1.6 "Development Approvals" means all permits, licenses, consents, rights and privileges, and other actions subject to approval or issuance by County or CITY in connection with Development of the Property, including but not limited to: General plans and general plan amendments adopted by the County or the CITY; Specific plans and specific plan amendments; C. Zoning and rezoning adopted by the County or the CITY; d. Tentative and final subdivision and parcel maps; :\users\cat\sharedlBumhamW ewporlCoasl\DA\101800.doc 5 e. Variances, conditional use permits, master plans, public use permits and plot plans; and f. Grading and building permits. 1.1.7 "Development Plan" means the plan for Development of the Property, including without limitation the planning and zoning standards, regulations, and criteria for the Development of the Property, contained in and consistent with the Development Approvals. The components of the Development Plan are summarized in Exhibit "D." 1.1.8 "Effective Date" means the date this Agreement is approved by the CITY as shown in the first paragraph.. 1.1.9 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies governing Development and use of land applicable to the Property pursuant to this Agreement, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing: a. the conduct of businesses, professions, and occupations; b. except as provided in Section 4.9 below, taxes and assessments; C. the control and abatement of nuisances; d. the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; and e. the exercise of the power of eminent domain 1.1.10 "OWNER' means individually and collectively The Irvine Company and Irvine Community Development Company, and where appropriate in context their respective successors in interest to all or any part of the Property. 1.1.11 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security - device, a lender and their successors and assigns. \ users \cai\shared\BumhamW ewportcoasi\DA \i Ot BOO.doc 6 1.1.12 "Project' means the Development of the Property consistent with the Development Plan. 1.1.13 "Property' means the real property described in Exhibit "A" and shown on Exhibit "B" to this Agreement. 1.1.14 "Reservation of Authority' means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY. 1.1.15 "Subsequent Development Approvals" means all Development Approvals subsequent to the Effective Date in connection with Development of the Property. 1.1.16 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement, other than the Development Plan. 1.1.17 "Term" shall mean the period of time from the Effective Date until the termination of this Agreement as provided in subsection 10.1, or earlier termination as provided in Section 7. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" 2. GENERAL PROVISIONS. Legal Description of the Property. Map showing Property and its location. Planning and Environmental History. Summary of County Development Approvals. Documents containing Mitigation Measures. Affordable Housing Implementation Plans — Summary. 2.1 Binding Effect of Agreement This Agreement shall be binding on the CITY from and following the Effective Date. However, CITY shall have no right or duty with respect to the Property until annexation of the Property to CITY and CITY intends, through a joint powers agreement or similar arrangement, to delegate to the County all land use jurisdiction and all responsibility for processing Development Approvals. \users\ca1\shared\Bu mhamW ewportCoast\DA \101800.doc 7 2.2 Assignment By OWNER. 2.2.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.), and in so doing assign its rights and obligations under this Agreement as the same may relate to the portion of the Property being transferred, to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement. 2.2.2 Release of Transferring Owner. Upon the sale, transfer or assignment of all or a portion of the Property, the transferring OWNER shall be released of all obligations under this Agreement that relate to the portion of the Property being transferred; provided that the obligations under Sections 4 and 5 of this Agreement that relate to the portion of the Property being transferred are assumed by and enforceable against the transferee. 2.2.3 Termination of Agreement With Respect to Individual Residential Lots On Sale to Public and Completion of Construction. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any residential lot and such residential lot shall be released and no longer be subject to this Agreement upon satisfaction of both of the following conditions: a. The residential lot has been finally subdivided and individually (and not in "bulk ") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and, b. A certificate of occupancy has been issued or a final building inspection has been conducted and approved for the primary dwelling unit on the residential lot. 2.2.4 Termination of Agreement With Respect to Non - Residential Parcels. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any non - residential parcel and such non- residential parcel shall be released and no longer be subject to this Agreement at such time as the parcel has been fully improved and occupied consistent with the allowed intensity of development under the Development Plan. 3. PRE - ANNEXATION OBLIGATIONS AND COMMITMENTS. 3.1 Annexation of Property. Consistent with and subject to the terms and conditions of this Agreement and specifically this Subsection, CITY may, in one annexation proceeding or several annexation proceedings, annex the \ users\ cat \shared\BurnhamWewportCoest\DA \101800 doc 8 Property under such conditions as are imposed by or through the Orange County Local Agency Formation Commission and reasonably acceptable to OWNER. Conditions shall be deemed to be reasonably acceptable to OWNER unless the conditions impair or interfere with OWNER's rights to develop or materially increase the cost of development.: 3.1.1 Annexation Before Project Completion. OWNER will neither oppose nor interfere with CITY's annexation of the Property in its entirety before Project completion, provided that CITY first: a. Obtains from the Coastal Commission and /or the Executive Director of the Coastal Commission, a binding determination that annexation of the Property by CITY subject to the terms of this Agreement and related agreements or arrangements will not alter or affect the validity and enforceability of the Newport Coast Local Coastal Program, Second Amendment, and any related coastal development permits or deprive the County of authority to issue coastal development permits pursuant to the terms of this Agreement and the Newport Coast Local Coastal Program, Second Amendment. ; b. Adopts the applicable general plan provisions, specific plans and zoning for the Property essentially as the same have been adopted by the County, to the extent the annexation covers portions of the Property that are not governed by the Newport Coast Local Coastal Program, Second Amendment; C. Enters into a joint powers or similar agreement with the County preserving with the County all discretionary land use, grading, and building authority over the Property and Project; and 3.1.2 Ultimate Annexation. OWNER will fully support CITY annexation of all or a portion of the Property without satisfying the provisions of Section 3.1.1, to the extent that all annexed lots and /or parcels have received building permits and a certificate of occupancy has been issued or a final building inspection has been conducted and approved for their original improvements. 3.2 Environmental Impacts and Mitigation. The parties acknowledge that Environmental Impact Reports, environmental documents and functional equivalents ( "Environmental Documents - described in Exhibits "C" and "E ") have been prepared and certified for the Project by County and /or approved by the Coastal Commission. CITY has reviewed and evaluated the Environmental Documents to determine if the impacts of the Project, as represented by this Agreement, the Development Plan, and the CITY approvals, were fully analyzed and evaluated. CITY has also reviewed the Environmental Documents and all relevant existing facts and circumstances \ users\ cat\ shared\ BumhamWewporlCoast\DA \101800.doc 9 to determine if any of the events that require preparation of a subsequent or supplemental environmental document have occurred. CITY has determined based on that review that none of the events described in Section 21166 of the Public resources Code or Sections 15162 or 15163 of the CEQA Guidelines have occurred. CITY has specifically determined that the detachment of the Property from County and the annexation of the Property to CITY do not require preparation of any subsequent or supplemental environmental impact report for the Project. CITY has also determined that, subject to incorporation of the mitigation measures identified in the environmental documents referenced in Exhibit "E" and except as specifically provided in this Agreement, there is no current or anticipated deficiency in any municipal service or facility (including without limitation planned community and neighborhood parks, drainage and flood control facilities, circulation system infrastructure, and public safety services) resulting from Development of the Project. The mitigation measures identified in the environmental documents referenced in Exhibit "E" are incorporated by reference into the Development Plan. 3.3 Additional Pre - Annexation Understandings. As a further inducement to OWNER to support the annexation of the Property to CITY, CITY agrees that, as of the date of its approval of this Agreement, CITY acknowledges that all County affordable housing requirements associated with development of the Property have been satisfied. CITY also acknowledges that the OWNER has a vested right to proceed with development pursuant to the County Agreement and that no additional affordable housing requirements shall be imposed on development of the Property pursuant to the CITY's General Plan or otherwise. The Affordable Housing Implementation Plans approved by the County, describing the manner in which affordable housing requirements have been satisfied for development of the Property, are summarized in Exhibit "F." Fees payable upon issuance of any development permit (e.g., building permit or occupancy permit) will be paid to the issuer of the permit in accordance with County Codes, fee schedules and requirements for original improvements. Following annexation, fees shall continue to be paid to the issuer in accordance with the codes and requirements for additions, remodels and rebuilds of the jurisdiction with land use authority. CITY agrees that the Project is in full compliance with, and shall not be further subject to, CITY's Traffic Phasing Ordinance following annexation of the Property, CITY having determined through this Agreement that: a. Development of the Property will not cause or make worse any unsatisfactory level of service at any critical intersection as defined in the Traffic Phasing Ordinance; b. Development of the Property has been considered a committed project which has been incorporated into the CITY's traffic model \ users \cafthared\Bum ham\NewportCoasi\DA \101800.doc 10 and Circulation Element traffic projections and all resulting levels of service have been accepted in the Circulation Element; and C. There is an overall reduction in peak hour ICU at impacted intersections having unsatisfactory levels of service taking into account the circulation improvements constructed or facilitated by OWNER pursuant to conditions imposed for development of the Project, including without limitation construction of Newport Coast Drive, extension of San Joaquin Hills Road, widening of Pack Coast Highway, and facilitation of construction of the San Joaquin Hills Transportation Corridor. 3.4 Cooperation. Subject to and in reliance upon the representations and covenants of the CITY herein, OWNER will support the annexation of the Property by the CITY. 3.5 Termination of Annexation Proceedings. This Agreement may be terminated by OWNER in the event that CITY fails to comply with the requirements of Paragraph 3.1 above with respect to any proposed annexation of the Property to CITY, or if conditions imposed by or through the Local Agency Formation Commission on the annexation are determined by either party to conflict materially with its rights and obligations under any provision of this Agreement 4. DEVELOPMENT OF THE PROPERTY UPON ANNEXATION AND ADOPTION OF THE DEVELOPMENT PLAN. Following annexation of the Property by CITY, the following provisions shall apply: 4.1 Rights to Develop. Subject to the terms of this Agreement, following annexation of the Property OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. Pending annexation to CITY, OWNER shall have the right to seek approvals from County for the Development of the Property, and to develop the Property, consistent with the Development Plan. 4.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to Development of the Property, shall be those contained in the Development Plan and those Land Use Regulations not inconsistent with the Development Plan. :\ users\ cat \shared\Bumham \NewportCoast\DA \101800 doc 11 4.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors that are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties to provide for the timing of Development resulted in a later adopted initiative restricting the timing of Development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment. Nothing in this section is intended to alter the standard durational limits of any applicable permits issued to OWNER. 4.4 Changes and Amendments. The parties acknowledge that Development of the Project will likely require Subsequent Development Approvals, and that in connection therewith OWNER may determine that changes are appropriate and desirable in the existing Development Approvals or Development Plan. In the event OWNER finds that such a change is appropriate or desirable, OWNER may apply in writing for an amendment to Development Approvals or the Development Plan to effectuate such change, which application shall be processed for approval by County. CITY shall expressly permit and authorize modifications of any proposed changes in the Development Approvals or Development Plan unless the proposed modifications: (a) are inconsistent with the then current Land Use Element designations for the Property; or (b) would materially reduce open space intended for dedication to the public; or (c) would materially alter the cost of providing municipal services to the Property subsequent to annexation, or (d) materially reduce the amount of property tax or other revenue available to the CITY after annexation, or (e) materially increase the density and /or intensity of development allowed in the Project as a whole, resulting in unacceptable intersection impacts outside of the Project that cannot be mitigated pursuant to the CITY's Traffic Phasing Ordinance. If approved in a form to which OWNER has consented in writing, any such change in the Development Approvals or Development Plan shall be incorporated herein as an addendum, and may be further changed from time to time as provided in this Section. Any change in the Development Approvals or Development Plan made in accordance with the procedures required by the Land Use Regulations and with the written consent of the OWNER shall be conclusively deemed to be consistent with this Agreement, without any further need for any amendment to this Agreement or any of its Exhibits. \ users\ cat\ shared\ Bumham\Newportcoast\DA \101800.doc 12 4.5 Continuation of Irvine Coast Development Agreement. CITY acknowledges and agrees that the County Development Agreement entered into between OWNER and County shall continue to govern the rights and obligations of OWNER and County with respect to the Coastal Zone Area preceding annexation, and following annexation to the maximum extent permitted pursuant to the joint powers agreement or similar arrangement. If for any reason this Agreement is found to be invalid or unenforceable or OWNER's ability to proceed with the Development Plan is impaired or delayed for any reason, then the Coastal Zone Area shall be and remain subject to the terms and protections of the Irvine Coast Development Agreement. 5. FINANCING OF PUBLIC IMPROVEMENTS AFTER ANNEXATION. 5.1 Formation of Financing Districts. If so requested by OWNER, CITY will cooperate in the formation of any special assessment district, community facilities district or alternate financing mechanism ( "CFD' to pay for the construction, acquisition, and /or maintenance and operation of public and /or quasi - public infrastructure, lighting, landscape, or any other public facilities required as part of the Development Approvals; provided, however, CITY shall have no obligation to authorize or to cause any such CFD to issue debt or sell bonds prior to the completion of the annexation of the Property to CITY. In the event that such a CFD is formed and sells bonds to pay for the construction or acquisition of public or quasi - public facilities which were provided, in whole or in part, by OWNER, OWNER may be reimbursed from such bonds to the extent that OWNER has spent funds or dedicated land for the establishment of such facilities and creation of the CFD. While it is acknowledged that this Agreement cannot require CITY or the City Council to form any such CFD or to issue and sell bonds, CITY represents that it can, and does hereby, agree that it shall not refuse OWNER's request to form such a CFD and to issue and sell bonds following completion of annexation of the Property to CITY, except for good and reasonable cause. In no event shall CITY have any obligation or duty to refinance, repay, reduce the amount of, or assume any financial relationship to, any bonds or other debt issued by any CFD prior to annexation. 5.2 OWNER's Right to Construct Facilities. It is understood and agreed that, subject to CITY or County review and approval of plans and specifications, as appropriate, the OWNER may elect, and reserves the right, to construct, or cause the construction of, any public or quasi - public facility for which the CITY intends to collect a fee, and to dedicate the completed facility to the CITY, in lieu of payment of the fee. : \users\cat\shared\Bu m ham\Newporf Coast\DA \101800.doc 13 6. REVIEW FOR COMPLIANCE FOLLOWING ANNEXATION. 6.1 Periodic Review. Following annexation of all or any portion of the Property, the City Council shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by OWNER with the terms of the Agreement. As part of that review, OWNER shall submit an annual monitoring review statement describing its actions in compliance with this Agreement, in a form acceptable to the City Manager, within 30 days after written notice from the City Manager requesting that statement. The statement shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time at CITY's sole cost. OWNER shall cooperate with the CITY in the conduct of such special reviews. 6.3 Procedure. In connection with any periodic or special review, each party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement, to explain the basis for such assertion, and to receive from the other party a justification of its position on such matters. If on the basis of the parties' review of any terms of the Agreement, either party concludes that the other party has not complied in good faith with the terms of the Agreement, then such party may issue a written "Notice of Non - Compliance" specifying the basis for the alleged noncompliance. The party receiving a Notice of Non - Compliance shall have thirty (30) days to respond in writing to the Notice. If the response to the Notice of Non - Compliance has not been received in the offices of the party alleging noncompliance, the Notice of Non - Compliance shall be conclusively presumed to be valid. If a Notice of Non - Compliance is contested, the parties shall have up to sixty (60) days to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice. In the event that the parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the sixty (60) day period, the party alleging the non - compliance may pursue the remedies provided in Section 7. 6.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review. OWNER is found to be in compliance with this Agreement, CITY shall, upon request by OWNER, issue a Certificate of Agreement Compliance ( "Certificate ") to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and CITY Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The \users\cat\shared\BurnhamW ewportcoast\DA\101800.doc 14 Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder. Additionally, OWNER may at any time request from the CITY a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Property, or any lot or parcel within the Property. 7. DEFAULT AND REMEDIES. 7.1 Specific Performance Available. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance is a particularly appropriate remedy for the enforcement of this Agreement and should be available to OWNER and CITY because due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER and /or CITY may be foreclosed from other choices it may have had to utilize or condition the Property or the Project. OWNER and CITY have invested significant time and resources and performed extensive planning and processing of the Project and this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, such that it would be extremely difficult to determine the sum of money which would adequately compensate OWNER and /or CITY for such efforts. Except as provided in the Section 7.2 below, neither OWNER nor CITY shall be entitled to any money damages, including attorney fees, from the other party by reason of any default under this Agreement. 7.2 Restitution of Improper Development Fees. In the event any Development fees or taxes are imposed by CITY on Development of the Property other than those authorized pursuant to this Agreement, OWNER shall be entitled to recover from CITY restitution of all such improperly assessed fees or taxes, together with interest thereon at the maximum allowable non - usurious rate from the date such sums were paid to CITY to the date of restitution 7.3 Termination of Agreement. 7.3.1 Termination of Agreement for Default of OWNER. CITY in its discretion may terminate this Agreement as to any non - annexed portions of the Property for any failure of OWNER to perform any material duty or obligation of OWNER or to comply in good faith with the terms of this Agreement related to its annexation (referred to as "default'). However, \ users\ cat\ shared tBumhamWewportcoaMOAA01800.doc 15 CITY may terminate this Agreement only after following the procedure set forth in Section 6.3, providing written notice to OWNER of the default and the actions necessary to cure such default, and OWNER's failure to promptly commence cure and diligently pursue the cure to completion. 7.3.2 Termination of Agreement for Default of CITY. OWNER in its discretion may terminate this Agreement by written notice to CITY after the default by CITY in the performance of a material term of this Agreement. However, OWNER may terminate this Agreement only after following the procedure set forth in Section 6.3, providing written notice to CITY of the default and the actions necessary to cure the default, and CITY's failure to promptly commence cure and diligently pursue the cure to completion. 7.3.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement which has occurred prior to said termination, or (iii) obligations that have vested through the annexation of the Property, or any annexed portion thereof. 7.4 OWNER's Right To Terminate Upon Specified Events. Notwithstanding any other provisions of this Agreement to the contrary, OWNER retains the right to terminate this Agreement (but not the provisions of Section 3) upon thirty (30) days written notice to CITY in the event that OWNER reasonably determines that continued Development of the Project consistent with the Development Plan has become economically infeasible due to changed market conditions, increased Development costs, burdens imposed as conditions to future discretionary approvals of the Project consistent with this Agreement, or similar factors. 8. THIRD PARTY LITIGATION. CITY shall promptly notify OWNER of any claim, action or proceeding filed and served against CITY to challenge, set aside, void, annul, limit or restrict the approval and continued implementation and enforcement of this Agreement. CITY and OWNER agree to cooperate in the defense of such action(s). 9. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time \ users\ cat\ shared\ BumhamWewportCoast\DA \101800.doc 16 to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: a. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. b. The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER's obligations under this Agreement. C. If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. d. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER's obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; except that (i) to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Property acquired by such Mortgagee by foreclosure, deed of trust, or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Plan applicable to the Property or such part thereof so acquired by the Mortgagee. users\carishared\ Bumham \NewportCoasl\DA \101800.doc 17 10. MISCELLANEOUS PROVISIONS. 10.1 Term of Agreement. Following completion of the annexation of the Property, or any portion thereof, to the CITY within the preceding time periods, this Agreement shall continue in full force and effect with respect to such annexed land for a period of fifteen (15) years from the effective date of that annexation. 10.2 Recordation of Agreement This Agreement shall be recorded with the County Recorder by the City Clerk upon annexation of the Property to CITY within the period required by Section 65868.5 of the Government Code. Similarly, amendments approved by the parties, and any cancellation, shall also be recorded. 10.3 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld. 10.5 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of CITY shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.7 Singular and Plural. As used herein, the singular of any word includes the plural. :t userskat tshared\BumhamWewportCoastOA \101800 doc 18 10.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.9 Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10 Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement; provided, however, that the fee owners of any non - residential parcels in the annexation area may elect to be covered by this Agreement. 10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 10.13 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.14 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Development of the Project is a private Development, that neither party is acting as the agent of the other in \ users\ cat\ shared\ BumhamWewportCoast \DA \101800.doc 19 any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the Development of private property and the owner of such property. 10.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. Subject to Section 3 above, OWNER will cooperate with the CITY in the processing of the annexation of the Project through the Local Agency Formation Commission including advocating the application of the existing AB 8 Master Property Tax Transfer Agreement. OWNER acknowledges the importance of maintaining the fiscal benefits of the Project assuming that the current method of allocating sales tax revenues (i.e., point of sale) is utilized. OWNER will consult with the CITY regarding legislative proposals to adjust this procedure with the goal of supporting CITY efforts to maintain the fiscal benefits of the Project through the legislative process. 10.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.18 Amendments In Writing /Cooperation. This Agreement may be amended only by written consent of both parties specifically approving the amendment and in accordance with the Government Code provisions for the amendment of Development Agreements. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. 10.19 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he/they have the authority to execute this Agreement on behalf of his /their corporation, partnership or business entity and warrants and represents that he /they has/have the authority to bind OWNER to the performance of its obligations hereunder. Wsers% cat\sharedt BumhamWewportCoast%DA%101800.doc 20 10.20 Notice. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals to CITY shall be addressed to CITY at: City of Newport Beach City Manager's Office 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California, 92658 -8915 All notices, demands, requests or approvals to CITY shall be addressed to OWER at: Vice President of Entitlements The Irvine Company 550 Newport Center Drive Newport Beach, California, 92660 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above. 1� CITY: CITY OF NEWPORT BEACH M Mayor ATTEST: 0 LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robert H. Burnham, City Attorney :\ users\ cat\ shared\ BumhamWewportCoaslMA \101800.doc 21 (SEAL) OWNER: THE IRVINE COMPANY A Title: :\ users \cat\shared\BumhamW ewportCoaslOA \i 01800.doc 22 OWNER: IRVINE COMMUNITY DEVELOPMENT COMPANY Title: [ALL SIGNATURES SHALL BE NOTARIZED. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.] :\ users\ cat\shared\BumhamWewportCoast\DA \101800 doc 23 EXHIBIT A ANNEXATION NO. TO THE CITY OF NEWPORT BEACH "NEWPORT COAST" BEING THOSE PORTIONS OF BLOCKS 91, 95 -98, 128 -134, 161 -164 OF IRVINE'S SUBDIVISION AS SHOWN ON A MAP THEREOF FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN CURV17 DESCRIBED AS HAVING A RADIUS OF 2000.000 FEET AND A CENTRAL ANGLE OF 30053'56" IN THE EXISTING SOUTHWESTERLY BOUNDARY OF THE CITY OF IRVINE AS ESTABLISHED BY THE "INCORPORATION" OF THE CITY OF IRVINE, SAID LINE BEING COMMON TO ANNEXATION NO. 71, "HARBOR VIEWS HILLS - PHASE 3 ", RESOLUTION NO. 7311, CERTIFIED NOVEMBER 30, 1970, TO THE CITY OF NEWPORT BEACH; THENCE ALONG SAID EXISTING CITY BOUNDARY SOUTH 11 058'31" EAST 11.29 FEET TO AN ANGLE POINT IN THE EXISTING CITY BOUNDARY AS ESTABLISHED BY REORGANIZATION NO. RO 97 -04, "SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR ANNEXATION TO THE CITY OF IRVINE INCLUDING DETACHMENT OF TERRITORY FROM THE CITY OF IRVINE ", SAID POINT BEING THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "SOUTH 47 026'49" WEST 245.54 FEET" IN PARCEL 4 OF SAID REORGANIZATION NO. 97 -04, SAID POINT BEING THE TRUE POINT OF THENCE CONTINUING ALONG THE EXISTING CITY BOUNDARY OF THE CITY OF NEWPORT BEACH THE FOLLOWING COURSES, ALONG SAID ANNEXATION NO. 71, "HARBOR VIEW HILLS - PHASE 3 ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHEASTERLY DIRECTION TO THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 58 005'06" WEST 76.64 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 80, "HARBOR VIEWS HILLS SECTOR 4 (NO. 81) ", RESOLUTION NO. 8508, CERTIFIED JULY 18, 1977, TO THE CITY OF NEWPORT BEACH; THENCE LEAVING SAID ANNEXATION NO. 71, ALONG SAID ANNEXATION NO. 80, "HARBOR VIEWS HILLS SECTOR 4 (NO. 81) ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHEASTERLY DIRECTION TO THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "SOUTH 52 046'26" EAST 126.93 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 84, "HARBOR RIDGE ANNEXATION (NO. 89) ", RESOLUTION NO. 83- 242, CERTIFIED APRIL 18, 1983, TO THE CITY OF NEWPORT BEACH; THENCE LEAVING SAID ANNEXATION NO. 80, ALONG SAID ANNEXATION NO. 84, "HARBOR RIDGE ANNEXATION (NO. 89) ", THROUGH THEIR VARIOUS CCURSES IN A GENERAL SOUTHERLY AND WESTERLY DIRECTION TO THE NORTHERLY TERMINUS OF THAT LEG' I M NNEXEX ADOCial*WISH PAGE t OF CERTAIN COURSE DESCRIBED AS "SOUTH 0 °00'17" EAST 310.13 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 81, "HARBOR RIDGE ANNEXATION (NO. 82) ", RESOLUTION NO. 9096, CERTIFIED JUNE 30, 1977, TO THE CITY OF NEWPORT BEACH; THENCE LEAVING SAID ANNEXATION NO. 84, ALONG SAID ANNEXATION NO. 81, "HARBOR RIDGE ANNEXATION (NO. 82) ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHERLY DIRECTION TO THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 15 018'07" WEST 276.97 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY SAID ANNEXATION NO. 71, "HARBOR VIEWS HILLS - PHASE 311, TO THE CITY OF NEWPORT BEACH; THENCE LEAVING SAID ANNEXATION NO. 81, ALONG SAID ANNEXATION NO. 71, "HARBOR VIEWS HILLS - PHASE 3 ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHERLY AND WESTERLY DIRECTION TO THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "SOUTH 9 008'40" EAST 120.00 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 75, "HARBOR VTFW HILLS PHASE 4 ", RESOLUTION NO. 7277, CERTIFIED MARCH 18, 1971, TO THE CITY OF NEWPORT BEACH; THENCE LEAVING SAID ANNEXATION NO. 71, ALONG SAID ANNEXATION NO. 75, "HARBOR VIEW HILLS PHASE. 4 ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHERLY DIRECTION TO A POINT DISTANCE THEREON SOUTH 49 023125" EAST 156.29 FEET FROM THE NORTHERLY CORNER OF THE SOUTHEASTERLY ONE -HALF OF SAID BLOCK 96, AS DESCRIBED IN ANNEXATION NO. 59, "PROPOSED ANNEXATION TO THE CITY OF NEWPORT BEACH NO. 57 (CENTERVIEW ANNEXATION) ", RESOLUTION NO. 6247, CERTIFIED NOVEMBER 17, 1965 TO THE CITY OF NEWPORT BEACH; THENCE LEAVING SAID ANNEXATION NO. 75, ALONG SAID ANNEXATION NO. 59, "PROPOSED ANNEXATION TO THE CITY OF NEWPORT BEACH NO. 57 (CENTERVIEW ANNEXATION) ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHWESTERLY DIRECTION TO THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 1 046'30" EAST 166.20 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 48, "HARBOR VIEW ", ORDINANCE NO. 896, CERTIFIED SEPTEMBER 21, 1959, TO THE CITY OF NEWPORT BEACH; THENCE LEAVING SAID ANNEXATION NO. 59, ALONG SAID ANNEXATION NO. 48, "HARBOR VIEW ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHWESTERLY DIRECTION TO THE MOST EASERLY CORNER OF "CORONA DEL MAR" TRACT NO. 673 AS SHOWN ON A MAP THEREOF FILED IN BOOK 20, PAGES 17 AND 18 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF SAID COUNTY RECORDER, SAID EASTERLY CORNER BEING IN THE BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 8, CITY BOUNDARY 1928 (COURT CASE NO. 23686) INCORPORATED SEPTEMBER 1, 1906; LEG/1111AMTX_FXA DOC (WrN/M)SH PAGE 2 OF 6 THENCE LEAVING SAID ANNEXATION NO. 48, ALONG SAID ANNEXATION NO. 8 AS SHOWN ON SAID "CORONA DEL MAR" TRACT NO. 673, THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHWESTERLY DIRECTION TO THE WESTERLY 'TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "SOUTH 79 000'00" EAST 318.00 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 18, "CORONA HIGHLANDS ", ORDINANCE NO. 585, CERTIFIED JANUARY 12, 1949, TO THE CITY OF NEWPORT BEACH; THENCE LEAVING SAID ANNEXATION NO. 8, ALONG SAID ANNEXATION NO. 18, "CORONA HIGHLANDS ", 'THROUGH THEIR VARIOUS COURSES IN A GENERAL EASTERLY DIRECTION TO THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 59025'00" WEST 32.83 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 87, "SEAWARD 17 ANNEXATION ", RESOLUTION NO. 93 -434, CERTIFIED AUGUST 27, 1993, TO THE CITY OF NEWPORT BEACH; THENCE LEAVING SAID ANNEXATION NO. 18, ALONG SAID ANNEXATION NO. 87, "SEAWARD 17 ANNEXATION ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHEASTERLY DIRECTION TO THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE. DESCRIBED AS "NORTH 71 032'30" WEST 271,93 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 49, "CAMEO HIGHLANDS", ORDINANCE NO. 897, CERTIFIED NOVEMBER 2, 1959, TO THE CITY OF NEWPORT BEACH; THENCE LEAVING SAID ANNEXATION NO. 87, ALONG SAID ANNEXATION NO. 49, "CAME:O HIGHLANDS ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHEASTERLY DIRECTION TO THE SOUTHWESTERLY TERMINUS OF TIiAT CERTAIN COURSE DESCRIBED AS "NORTH 32 045'00" EAST 132.05 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 82, " ANNEXATION NO. 84 ", RESOLUTION NO. 9208, CERTIFIED NOVEMBER 29, 1977, TO THE CITY OF NEWPORT BEACH; THENCE LEAVING SAID ANNEXATION NO. 49, ALONG SAID ANNEXATION NO. 82, "ANNEXATION NO. 84 ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHEASTERLY DIRECTION TO A POINT DISTANCE THEREON NORTH 57 015'00" WEST 53.96 FEET FROM THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 57 015'00" WEST 647.00 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY SAIL) ANNEXATION NO. 49, "CAMEO HIGHLANDS ", TO THE CITY OF NEWPORT BEACH; THENCE LEAVING SAID ANNEXATION NO. 82, ALONG SAID ANNEXATION NO. 49, "CAMEO HIGHLAND ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHEASTERLY AND SOUTHWESTERLY DIRECTION TO THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "SOUTH 39 033'00" WEST 100.00 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 64, "ANNEXATION NO. 64 ", RESOLUTION NO. 7024, CERTIFIED JULY 23, 1969, TO THE CITY OF NEWPORT BEACH; LCG' 111!MNEX_EX A D(X; (N1191M S11 PAGE 3 OF 6 THENCE LEAVING SAID ANNEXATION NO. 49, ALONG SAID ANNEXATION NO. 64, "ANNEXATION NO. 64 ", THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHWESTERLY AND NORTHWESTERLY DIRECTION TO THE EASTERLY COR14ER OF "CAMEO CLIFFS" AND THE SOUTHEASTERLY LINE OF SAID BLOCK 95 IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 44, "CAMEO CLIFFS ", ORDINANCE NO. 843, CERTIFIED MAY 16, 1958, TO THE CITY OF NEWPORT BEACH; THENCE LEAVING SAID ANNEXATION NO. 64, ALONG SAID ANNEXATION NO. 44, "CAMEO CLIFFS ", THROUGH THEIR VAVIOUS COURSES IN A GENERAL SOUTHWESTERLY DIRECTION AND COMMON TO SOUTHWESTERLY LINE OF SAID BLOCK 95 TO THE WESTERLY TERMINUS OF THAT CERTAIN COURSE "NORTH 77 046'30" WEST 264.20 FEET" IN THE EXISTING EASTERLY BOUNDARY OF THE CITY OF NEWPORT BEACH AND BEING THE NORTHWESTERLY BOUNDARY OF "PARK PROPERTY" AS DESCRIBED IN PARCEL 1 PER CORPORATION GRANT DEED TO THE STATE OF CALIFORNIA ON FILE DECEMBER 19, 1979 IN BOOK 13439, PAGE 94 -132 IN THE OFFICE OF THE COUNTY RECORDER; THENCE LEAVING SAID ANNEXATION NO. 44, AND SAID EXISTING CITY BOUNDARY OF THE CITY OF NEWPORT BEACH ALONG SAID "PARK PROPERTY" PARCEL 1 AND ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF PACIFIC COAST HIGHWAY, AS DESCRIBED IN BOOK 487 PAGE 1 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER, THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHEASTERLY DIRECTION TO A POINT DISTANT THEREON SOUTH 37 039'50" WEST 100.00 FEET FROM THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE "NORTH 37 039'50" EAST 104.98 FEET" IN THE WESTERLY BOUNDARY OF PARCEL. 2 OF SAID "PARK PROPERTY "; THENCE LEAVING SAID "PARK PROPERTY" PARCEL 1 AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF PACIFIC COAST HIGHWAY ALONG A LINE PERPENDICULAR TO SAID SOUTHWESTERLY LINE NORTH 37 039'50 EAST 100.00 FEET TO A POINT IN THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID PACIFIC COAST HIGHWAY, SAID POINT BEING THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE "NORTH 37 039'50" EAST 104.98 FEET" IN THE WESTERLY BOUNDARY OF PARCEL 2 OF SAID "PARK PROPERTY "; THENCE LEAVING SAID NORTHWESTERLY RIGHT OF WAY LINE ALONG THE NORTHWESTERLY BOUNDARY LINE OF PARCEL 2 OF SAID "PARK PROPERTY ", THROUGH THEIR VARIOUS COURSES IN A GENERAL NORTHEASTERLY DIRECTION TO THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE "SOUTH 28 044'47" EAST 328.52 FEET" IN THE EXISTING WESTERLY BOUNDARY OF "PARK PROPERTY" AS DESCRIBED IN CORPORATION GRANT DEED TO THE STATE OF CALIFORNIA RECORDED NOVEMBER 17, 1981 ON FILE IN BOOK 14292, PAGE 953 -965 IN THE OFFICE OF THE COUNTY RECORDER; THENCE LEAVING SAID "PARK PROPERTY" PARCEL 2, ALONG THE NORTHERLY BOUNDARY LINE "PARK PROPERTY" OF SAID CORPORATION GRANT DEED, THROUGH THEIR VARIOUS COURSES IN A GENERAL NORTHEASTERLY DIRECTION TO THE NORTHWESTERLY TERMINUS LEG, 1313 ANN EX-EX A DOC(W119M)SH PAGE 4 OF 6 OF THAT CERTAIN COURSE "SOUTH 44 031'21" EAST 678.84 FEET" IN THE EXISTING EASTERLY BOUNDARY OF "PARK PROPERTY" DESCRIBED AS "PARCEL 3" IN CORPORATION GRANT DEED TO THE STATE OF CALIFORNIA RECORDED DECEMBER 19, 1979 ON FILE IN BOOK 13439 PAGE 94 -132 IN THE OFFICE OF THE COUNTY RECORDER; THENCE LEAVING SAID "PARK PROPERTY" ALONG THE EASTERLY BOUNDARY LINE OF PARCEL 3 OF SAID "PARK PROPERTY" THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHEASTERLY DIRECTION TO THE SOUTHEASTERLY LINE OF BLOCK 161 OF SAID IRVINE'S SUBDIVISION, THENCE LEAVING SAID EASTERLY BOUNDARY OF PARCEL 3 ALONG THE SOUTHEASTERLY LINE OF SAID BLOCK 161 TO A POINT ON THAT CERTAIN COURSE HEARING "NORTH 68 022'13" WEST 560.20 FEET" IN THE EXISTING BOUNDARY OF "THE PROPERTY" DESCRIBED IN GRANT DEED TO THE CITY OF LAGUNA BEACH RECORDED JUNE 27, 1991 AS DOCUMENT NUMBER 91- 330557 IN THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE SOUTHERLY BOUNDARY OF "THE PROPERTY" OF SAID GRANT DEED, THROUGH THEIR VARIOUS COURSES, IN A GENERAL NORTHWESTERLY DIRECTION TO A PO1NT IN THE SOUTHEASTERLY BOUNDARY OF SAID CITY OF IRVINE AS ESTABLISHED BY SAID REORGANIZATION NO. RO 97 -04 DISTANCE THEREON SOUTH 64`16'17" EAST 1370.61 FEET FROM THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 64 °16'17" WEST 4468.85 FEET" IN THE CENTEFLINE OF TR- 73 (SAN JOAQUIN HILLS TRANSPORTATION CORIDOR) AS DESCRIBED IN PARCEL 1 OF SAID REORGANIZATION NO. RO 97 -04; THENCE ALONG SAID CENTERLINE OF TR -73 THROUGH THEIR VARIOUS COURSES IN A GENERAL NORTHWESTERLY DIRECTION AS DESCRIBED IN PARCELS 1 THROUGH 4 OF SAID REORGANIZATION NO. RO 97 -04 TO THE CENTERLINE OF NEW FORD ROAD; THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL 4 THROUGH THEIR VARIOUS COURSES IN A GENERAL SOUTHWESTERLY DIRECTION TO THE TRUE POINT OF BEGINNING. CONTAINS 5,310 ACRES, MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF, IS A MAP DESIGNATED AS EXHIBIT B" THIS LEGAL DESCRIPTION WAS PREPARED BY ME, OR UNDER MY SUPERVISION ON FEBRUARY 30, 1998. (Jmuo 11 too ARNOLD L. WHITE JR., PE /PLS 7,F30 ifr iIA )AW4FX_FXANX iMIKngse PAGE. 5 OP 6 -Wo� z7q It Ir . . . . . . . . . . . . EXHIBIT C . PLANNING AND ENVIRONMENTAL HISTORY Date Document I Action/Approval Relationship to Prop2TW Project 1976 -79 Irvine Coastal Community Approved by the County: denied Established a maximum residential build out for General Plan Amendment by the California Coastal Irvine Coast of 12.000 DUs. Acted as County Final EIR No. 134. Commission (as LCP document) General Plan and proposed as first coastal LCP to Coastal Commission. 1982/ Irvine Coast Local Coastal Approved by the County: certified Established as first LCP for Irvine Cc ast 1983 Program 80- 41Land Use by the California Coastal Maximum residential build out of 2.000 units, Element Amendment 80.4: Commission provided other land uses, development policies. Supplemental EIR No. 237. and regulations. Determined Coastal Act LCP Implementation Action Consistency. For PA 3 (similar area to proposed Plan. protect area) established maximum of 85 SF DUs. PA14: 250 overnight accommodations and 25.000 square feet of related cornmeraal uses. 19871 First Amendment to the Irvine Approved by the County. and Established a maximum residential build out of 1988 Coast Local Coastal Program certified by the California Coastal 2.600 units, land uses. intensity of use. Land Use Plan and Commission development policies. and regulations. Implementing Ordinance /br the Determined Coastal Act consistency. Similar land Irvine Coast Planning Unit use designations and build out within proposed project area as was approved in the 1982 LCP. 1988/ FE/R No. 486. Irvine Coast Certified by the County of Serves as an implementing mechanism for the 1996 Planned Community Orange Irvine Coast LCP. Addressed impacts based on Development Agreement build out of project pursuant to the 1988 LCP and Addendum for Development Development Agreement. Agreement First Amendment 1988 FEIR No. 485, Irvine Coast Certified by the County of Addressed environmental impact of backbone Planned Community Master Orange infrastructure. roadways. and subdivision of 2.813 Coastal Development Permit acres. evaluating 23 of 44 Master COP land use MCDP 88-11P and Vesting A' planning areas. EIR analysis included PAs 3A. 3B Tentative Tract Map No. 13337. and 14: addressed construction of Sand Carryon Avenue through PAs 3A and 38: partial widening of PCH along The Irvine Company property; construction of backbone drainage system as recommended in the RMORMP: construction and/or relocation of master utilities and construction of backbone domestic water storage and distribution system and backbone wastewater collection system. FEIR 485 did not address specific development proposals for residential. I tourist commercial. or golf course development Subsequent EIRs. in conjunction with subdivision '8' maps and project Coastal Development Penmrts. have addressed area specific proposals. 1989 Final EIR No. 511, "a Coast Certified by the County of tvaluated construction level impacts for 11 Planned Community, Phase I. Orange individual projects (residential and golf course uses) in addition to the realignment of Lower Loop Road (now named Pelican Hill Road). Included PAs 3A. 38. 14. Proposed development in PAS 3A. 38. and 14, as addressed in FEIR 511. was low density (estate/custom lot) residential units. FEIR 511 addressed the First Amendment to the MCDP and the Second revised Vesting 'A' Tentative Tract map 13337. As part of the First Amendment to the MCDP, planning area boundaries. including those of 3A. 38. and 14, were adjusted from boundaries established in the I Date Document f ActtoNAnaroval Retat n2.n:. e. o.o......ew 0.,.1—# original MCDP and LCP documents and development densities in PAs 3A and 38 were changed from 0-2 du/ac as stated in the certified LCP. to 0.3 du/ac in the MCDP First Amendment. 1969 Refined Master Drainage and Approved by the County of Recommended bacicbone drainage improvement Runoff Management Plan Orange system for the NCPC. Drainage and sedimentation control measures are included as part of each subsequent development project within the MCDP/NCPC. The RMDP.MP addressed facilities to mitigate increased peak runoff volumes and rates due to planned development. The RMDRMP is the master improvement plan from which subsequent site specific storm runoff management plans for NCPC development areas are derived. Each development project must engage a runoff management system that will maintain post - project flow rates to within ten percent of the pre - developed condition. in accordance • ith the I certified LCP 1994 Addendum to FEIR No. 511 -PA , Certified by the County of Site Development Permit to allow mass grading in 940113 Site Development I Orange PA 3A and for a borrow site (in PA 38) in an area PermcthWshbone Hill Gradin previously analyzed for development, j 1995 Mitigated Negative Declaration Approved by the County of Negative Declaration addressed potential No. IP- 95-100. Transportation Orange environmental effects of deleting segments of Element Amendment 95-1 Sand Canyon Avenue and San Joacuin Hills Road . from the County Master Plan of Arterial Highways (MPAH) Most relevant to the proposed project. 1 NC Phase N -2, the approval of the MPAH amendments removed the master planned segment of San Canyon Avenue from its exi3ting terminus just north of PCH to the San Joaquin Hills Transportation—Corridor (SJHTC). and deleted the then planned nterchange of San Canyon Avenue at the SJHTC. The removal of this planned segment was the result of changes in future land i uses in the City of Irvine (PA 22) that would result in more open space/less development and in unincorporated Orange County property/Newport . Coast/Newport Ridge areas. Therefore. San Canyon Avenue north of PCH has teen changed i in name (application in review at County) to Crystal Cove Drive. and will serve as a community access entry street rather than a County arterial. 1996 Second Amendment to the Approved by the County of The LCP Second Amendment further modified rte e Newport Coast Local Coastal Orange. and certified by the LCP by adjusting planning area boundaries and l Program Land Use Plan and California Coastal Commission open space boundaries adjacent to Crystal Cove Implementing Ordinance for the State Park to improve habitat connectivity: the Newport Coast Planning Unit Second Amendment increased the maximum number of dwelling units allowed in undeveloped planning areas to match the low end of density ranges established by the land use categories while maintaining the maximum allowed 2.600 total dwelling units in the NCPC: technical revisions were made to the LCP including name changes to I roads and planned communities. 1996 Natural Commurory Certified by the County of Conservation Plan and Habitat Orange. California Department of Conservation Plan Joint Fish and Game. and U S Fish Addressed NCCP/HCP for Central/Coastal Orange County. Plan includes 37.000 acre reserve system. authorizes incidental take of coastal sage Programmatic FEIR No and Wildlife Service scrub. and provides regulatory coverage for 39 553rFE /S 9626 individual species. The proposed project site is not within the NCCP Reserve since the site was master planned for development. Mitigation II measures prescribed in FEIR 511 and FEIR I 553rFEIS 96 -26 (NCCP) pertain to project impacts to coastal sage scrub and are applied in this EIR Date Document ActlonlApproval Relationship to Proposed Project 1996 Addendum to Final EIR No. Adopted by the County of Addressed proposed amendments to the Central 553 for the County of Orange Orange and Coastal NCCPrHCP to reflect relevant Central and Coastal Subregion provisions of the Second Amendment to the Natural Community Newport Coast Local Coastal Program (LCP). The Conservation Plan and Habitat amendments to the NCCP/HCP included a) Conservation Plan revisions to the Coastal Subarea Reserve to reflect new development and open space configurations provided for in the LCP Second Amendment; b) corresponding elimination of certain Special Linkage Areas. and c) provisions for infrastructure to be located in areas proposed to be added to the Coastal Subarea Reserve. The amendments to the Reserve System boundaries represent an overall increase in total acreage of the Coastal Subarea Reserve, and significant improvements in wildlife connectivity within the Reserve System 1997 Addendum PA 97046 to EIR Certified by the County of Addressed a modified development plan for one- No. 511 Orange half of Planning Area 3A. known as Development Area (DA) 3A -1. The proposed project site is not within DA 3A -1. 1997 Settlement Agreement between Agreement has been executed. Establishes maximum dwelling units by planning The Irvine Company, Friends of area and various other restrictions on the Irvine Coast, Laguna development. which are reflected in the proposed Greenbelt. Inc.. and Stop project. Polluting Our Newport EXHIBIT D SUMMARY OF COUNTY DEVELOPMENT APPROVALS The Components of the Development Plan include: A. Newport Coast Local Coastal Program Second Amendment: Approved by the California Coastal Commission on October 10, 1996; Certified by the County of Orange Board of Supervisors on December 3, 1996 (Resolution No. 96 -861 and Ordinance No. 096 - 3974); and Certified by the California Coastal Commission on January 21, 1997; B. Newport Ridge Planned Community Program: Approved by the County of Orange Board of Supervisors on March 17, 1998 (Resolution Nos. 98 -87 and 98 -88; Ordinance No. 98 -3); C. Newport Coast Master Coastal Development Permit Seventh Amendment (PA 970152): Approved by the County of Orange Planning Commission on July 21, 1998; D. First Amendment to the Irvine Coast Development Agreement: Recorded April 2, 1997 (No. 19970149745); and E. Related secondary implementing approvals, permits and actions pursuant to and consistent with the foregoing (e.g., subdivision maps, individual coastal development permits, grading plan approvals and permits, etc.). EXHIBIT E MITIGATION MEASURES The term Mitigation Measures includes, but is not limited to, the mitigation measures approved in conjunction with the certification or approval of the following environmental and planning documents. This Exhibit is for information only and does not constitute any modification or amendment or any mitigation measure or condition adopted with reference to the Project. The environmental documents listed in this Exhibit are on file in the Planning Department of the City of Newport Beach. Irvine Coastal Community General Plan Amendment, Final EIR No. 134; 2. Irvine Coast Local Coastal Program 80- 4/Land Use Element Amendment 80 -4; Supplemental EIR No. 237; LCP Implementation Action Plan; 3. FEIR No. 486, Irvine Coast Planned Community Development Agreement. Addendum for Development Agreement First Amendment 4. FEIR No. 485, Irvine Coast Planned Community Master Coastal Development Permit MCDP 88 -11P and Vesting "A" Tentative Tract Map No. 13337 Final EIR No. 511, Irvine Coast Planned Community, Phase I 6. Refined Master Drainage and Runoff Management Plan Addendum to FEIR No. 511 -PA 940113 Site Development PermitlWishbone Hill Grading 8. Mitigated Negative Declaration No. IP -95 -100, Transportation Element Amendment 95 -1 9. Natural Community Conservation Plan and Habitat Conservation Plan Joint Programmatic FEIR No. 553IFEIS 96 -26 10. Second Amendment to the Newport Coast Local Coastal Program Land Use Plan and Implementing Ordinance for the Newport Coast Planning Unit 11. Addendum to Final EIR No. 553 for the County of Orange Central and Coastal Subregion Natural Community Conservation Plan and Habitat Conservation Plan 12. Addendum PA 970046 to EIR No. 511 EXHIBIT F AFFORDABLE HOUSING IMPLEMENTATION PLANS The term Affordable Housing Implementation Plans refers to two plans prepared for the Environmental Management Agency of the County of Orange. The plan for that portion of the Property within the Coastal Zone - identified as the "Affordable Housing Implementation Plan - Irvine Coast Planned Community" - was prepared by Affordable Housing Consultants and was approved by the County on October 29, 1991. The plan for the Newport Ridge - identified as the "Affordable Housing Implementation Plan — The San Joaquin Hills Planned Community" - was prepared by FORMA and was approved by the County on November 2, 1995. These Affordable Housing Implementation Plans are available for public inspection in the Planning Department of the City of Newport Beach during normal business hours. CITY OF NEWPORT BEACH (4) Hearing Date: October 10, 2000 PLANNING DEPARTMENT Agenda Item No.: 12 u� NEWPORT BOULEVARD Staff Person: Larry N. Lawrence NEWPORT BEACH, CA 92658 (949) 661 -8175 (949) 644•S -: FAX (949) 644-3250 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: GPA and Prezoning of the Newport Coast/Newport Ridge Area SUMMARY: GPA 99 -3(C), Zoning Amendment No. 902 (PC Nos. 52 and 53), and Development Agreement No. 14: Review of a proposed General Plan Amendment, Prezoning, and Development Agreement necessary to provide for annexation of the Newport Coast/Ridge area to the City. ACTION: (1) Conduct public hearing; (2) Adopt Resolution No. 2000 -_ approving General Plan Amendment 99 -3(C); (3) Introduce Ordinance No. 2000-_ approving Zoning Amendment No. 902 (PC Nos. 52 and 53); (4) Introduce Ordinance No. 2000 -_ approving Development Agreement No. 14; (5) Pass the ordinances to second reading on October 24, 2000; and (6) Direct staff to pursue a joint powers agreement or similar arrangement for delegation of land use authority to the County as described in this report. Description The present agenda item is to provide pre - annexation designations for the Newport Coast/Newport Ridge area. Most of this area has long been included within the City's sphere of influence approved by the Local Agency Formation Commission (LAFCO). The overall Newport Coast/Ridge annexation area contains 5,441 acres (see Exhibit GP -1). Upon buildout (estimated around the year 2015), the Newport Coast portion will contain a maximum of 2,600 dwelling units and 2,150 resort/hotel units, while Newport Ridge will contain up to 2,550 dwelling units. There will also be a maximum of 255,000 square feet of retail commercial development in the annexation area. The remaining `residual' area within the proposed annexation, consisting of the area inland of the Newport Ridge PC, contains the new Sage Hill prep school and passive open space area. In this report, the entire annexation area, including the foregoing residual area, is referred to as the "Newport Coast/Ridge" area. Delegation of Land Use Authority to County Staff is recommending that the City enter into a joint powers agreement or similar arrangement with the County of Orange that would, upon annexation, delegate the City's land use authority over the Newport Coast/Ridge to the County. The City will assume land use jurisdiction upon full implementation of the Newport Coast LCP and the Newport Ridge PC. The purpose of delegating land use jurisdiction to the County is to ensure that the development and dedication of valuable habitat is processed by the County in a manner that is consistent with the existing and complex plans that are the result of years of planning and environmental analysis. (A summary of planning and environmental analyses completed for the area is attached as Exhibit GP -5 of Attachment 1). The joint powers agreement will be brought to the Council at a future date. Development Agreement The pre - annexation package includes a draft development agreement with The Irvine Company which parallels the existing development agreement between the Company and the County. The agreement provides for Company support of the annexation in return for assured continuation of the Company's development entitlements as approved by the County. Company representatives have indicated their support for the annexation under the terms of the agreement. (Note, changes in the draft agreement have been recommended by the Planning Commission, as described below). Planning Commission Recommendation On September 21, 2000, the Planning Commission held a public hearing on the GPA, prezoning, and other items and forwarded them to the City Council with a recommendation of approval. In so doing, the Commission also emphasized and recommended that, (1) language should be added to the development agreement requiring City discretionary approval of any General Plan amendments within the annexation area; and (2) specific land use designations should be shown on the Land Use Element map instead of only a notation referencing the General Plan text. These changes have been incorporated into the attached General Plan map exhibit and draft development agreement. The Planning Commission minutes are included as Attachment 5. Preannexation Package The pre - annexation package consists of the following 1. General Plan Amendment 99 -3(C) — An amendment to: (1) add the Newport Coast/Ridge area to the General Plan with various residential, commercial, and open space designations consistent with the land uses shown in the Newport Coast LCP and the Newport Ridge Planned Community Program; (2) eliminate San Joaquin Hills Road easterly of Newport Coast Drive and eliminate Sand Canyon Road in its entirety from the Circulation Element text and Master Plan of Streets and Highways; and (3) designate the bikeways on Newport Coast Drive and San Joaquin Hills Road as "Backbone Bikeways" on the Circulation Element's Master Plan of Bikeways. 2. Zoning Amendment 902 — Amendment establishing: (1) PC Development Plan PC -52, consisting of the Newport Coast LCP for the Newport Coast area; (2) PC Development Plan PC -53, consisting of the Newport Ridge Planned Community Program for the Newport Ridge area; and (3) conventional OS -P and GEIF zoning for the residual area. These zoning districts will be established through the adoption of new Districting Maps Nos. 68 and 69 and will become effective upon the approval of the annexation by LAFCO. 3. Development Agreement No. 14 — A development agreement between the City and the Irvine Company that is consistent with the existing development agreement between the County and the Irvine Company. 4. Negative Declaration - Adoption of the attached Negative Declaration, finding that the project will not have a significant impact on the environment. (The ND also covers the Bay Knolls GPA- prezoning, approved earlier this year, as well as the present Newport Coast/Ridge amendments.) Newport CowMdge October 10, 2000 Page 2 ANALYSIS Land Use As noted earlier in this report, a joint powers agreement will ensure that planning and development review responsibilities for the area remain with the County until The Irvine Company has developed all of their vested entitlement. Consistent with that provision, the present amendment package replicates the land use and zoning designations currently in effect under the County. Therefore, the changes to the City's General Plan and districting maps consist of the incorporation of text and maps that are consistent with the current PC/LCP documents (see the Exhibits attached to the draft GPA resolution and prezoning ordinance.) Residential areas within the Newport Coast will be designated Single Family Detached and commercial areas will be designated Retail and Service Commercial. Residential areas within the Newport Ridge PC area will be designated Single Family Attached and commercial areas will be designated Retail and Service Commercial. The residential land use designations represent the anticipated predominant dwelling unit type and are not intended to limit development to only that type. Land uses within the remainder of the area inland of the above two planned communities, referred to as the `residual area', will be designated "Governmental, Educational, and Institutional Facilities" for the Sage Hill School and "Recreational and Environmental Open Space" for the remaining area. The General Plan Amendment will also rescind the previously adopted and now outdated "Downcoast Newport Beach — Land Use Plan", Appendix B of the Land Use Element (Resolutions 88 -21 and 88 -22). Public Services Upon annexation of the Newport Coast/Ridge area, fire protection services will transfer from the Orange County Fire Authority to the Newport Beach Fire Department and police services will transfer from the Orange County Sheriff to the Newport Beach Police Department. The City's Plan of Service for the annexation area provides for the maintenance or improvement of existing levels of service for both fire and police protection. Other public services and facilities, such as administrative, recreation, and public works will remain unchanged or possibly improve because of the closer proximity of City offices and facilities to the two annexation areas than is now the case under County jurisdiction. CONCLUSIONS The Newport Coast/Ridge area is within the City of Newport Beach's sphere of influence and annexation of the area is consistent with good planning. The development agreement and the future joint powers agreement will preserve the benefits of years of land use planning and open space- habitat preservation efforts, while establishing ultimate City control of the area. Newport ComAidge October 10, 2000 Page 3 Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: LARRY N. LAWRENCE Project Manager Attachments: I. Draft GPA Resolution; with Exhibits "GP -1 ": Amended Land Use Element Map, "GP -2 ": Amendments to Land Use Element Text, "GP -3 ": Adoption of Newport Coast LCP Land Use Plan by Reference, "GP4": Adoption of Newport Ridge Planned Community Program by Reference, and "GP -5 ": History of Planning and Environmental Analysis. 2: Draft Prezoning Ordinance; with Exhibits "ZA- I ": New Districting Map Nos. 68 and 69, "ZA -2 ": Adoption of Newport Coast LCP Implementing Actions Program by Reference, and "ZA -3 ": Adoption of Newport Ridge Planned Community Program by Reference. 3. Draft Ordinance approving Development Agreement; w/Exhibit "DA -I ": Development Agreement. 4. September 21, 2000 Planning Commission staff report; with attached Negative Declaration. 5. September 21, 2000 Planning Commission minutes. Newport CowvRidge October 10, 2000 Page 4 ATTACHMENT 1: GENERAL PLAN AMENDMENT RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A GENERAL PLAN AMENDMENT FOR THE NEWPORT COAST/RIDGE AREA [GPA 99 -3(C)] WHEREAS, the City of Newport Beach has initiated actions to annex territory to the City of Newport Beach, including the Newport Coast and Newport Ridge Planned Communities and other area adjacent to, but outside of, these two Planned Communities. The entire area to be annexed is sometimes referred to in this Resolution as Newport Coast/Ridge. That portion of Newport Coast/Ridge within the Coastal Zone and/or the Newport Coast Planned Communities is sometimes referred to as Newport Coast and that portion of Newport Coast/Ridge outside of the Coastal Zone and/or within the Newport Ridge Planned Communities is sometimes referred to as Newport Ridge; and WHEREAS, Newport Coast/Ridge has been in the Newport Beach sphere of influence for more than thirty years but the land use planning and development processing for the area has been conducted by the County of Orange with assistance from the Coastal Commission; and WHEREAS, the County and The Irvine Company entered into the initial Newport Coast Development Agreement (Agreement) on May 23`d, 1988. That Agreement was most recently amended on December 3, 1996 and the Coastal Commission approved the amended Agreement on December 10, 1996; and WHEREAS, the Coastal Commission certified the Newport Coast LCP and First Amendment on January 14, 1988. The Coastal Commission approved a Second Amendment to the LCP and a Master Coastal Development Permit on December 10, 1996; and WHEREAS, Newport Coast development is also governed by a June 27, 1997 "Settlement Agreement" between the County, The Irvine Company, Stop Polluting Our Newport (SPON) and Friends of the Irvine Coast; and WHEREAS, the County, in the course of land use planning the Newport Coast/Ridge, has identified significant portions of land owned by The Irvine Company (Company) that contains valuable habitat and has ensured preservation of that valuable habitat by requiring dedication to public agencies subject to Company's right and ability to develop portions of the Property in accordance with the Development Plans and Development Approvals. The Newport Coast is part of the Natural Communities Conservation Plan (NCCP), a complex agreement administered by the County that involves, among other things, the phased dedication of valuable habitat in the Newport Coast and other portions of the County; and WHEREAS, the NCCP and the land use permits, plans, approvals and agreements governing land use in Newport Coast/Ridge represent an extremely complex and integrated plan (Land Use Plan) for the preservation and development of the property. The administration and implementation of the Land Use Plan requires a level of staffing, expertise, knowledge and experience that can only be found in the County employees and officials that have been intimately involved in the preparation of the documents that comprise the Land Use Plan. The failure to properly administer or implement the NCCP and/or the Development Approvals could deprive the public of the benefits of the proposed dedications of valuable habitat or interfere with the rights of landowners to develop property — development that is a precondition to the dedications; and WHEREAS, the County has prepared all of the documentation required by the California Environmental Quality Act (CEQA) for the Land Use Plan including numerous environmental impact reports (EIR's) and, in the case of the LCP approval, the functional equivalent to an EIR. These environmental documents have fully evaluated all potential impacts related to implementation of the Land Use Plan, have fully informed the decision maker and the public with respect to any significant unavoidable impact, and the County has adopted all feasible mitigation measures (See Exhibit GP -5); and WHEREAS, prior to annexation, the City intends to enter into a joint powers agreement or similar arrangement with the County of Orange that would, upon annexation, delegate the City's land use authority over the Newport Coast/Ridge to the County and to restore land use jurisdiction to the City upon full implementation of the Land Use Plan. The purpose of the delegation and the joint powers agreement is to ensure that the development and dedication of valuable habitat is processed by the County and consistent with the Land Use Plan; and WHEREAS, pursuant to Section 65300 of the California Government Code, the City of Newport Beach has prepared and adopted a comprehensive, long -term General Plan for the physical development of the City and land outside of its boundaries which bears relation to its planning; and 2 WHEREAS, the California Government Code requires zoning of property to be consistent with a city's General Plan designation of the property; and WHEREAS, the City is required to establish zoning and General Plan designations for Newport Coast/Ridge in conjunction with the proposed annexation; and WHEREAS, the City intends, through this Resolution and other planning documents, to adopt General Plan designations and zoning for Newport Coast/Ridge that strictly conform to the Land Use Plan that has been approved by all public entities with jurisdiction over the property and authorize amendments to the Land Use Plan such as conversion of uses so long as there is no increase in average daily trips; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City has completed an Initial Study, determined that the impacts of any action taken through this Resolution have been fully evaluated in previously certified Environmental Impact Reports, that the conditions to the preparation of a Subsequent or Supplemental EIR do not exist and that a Negative Declaration is appropriate; and WHEREAS, on September 21, 2000, the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed amendments and related items and forwarded them to the City Council with a recommendation of adoption, subject to the addition of specific land use designations on the Land Use Element's "General Plan Land Use" diagram and provisions requiring City approval of any General Plan Amendments within the annexation area; and WHEREAS, on October 10, 2000, the City Council of the City of Newport Beach held a public hearing regarding the proposed amendments and related items, and testimony was presented to and considered by the City Council; and WHEREAS, the public was duly notified of the preceding public hearings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RESOLVES THAT: 1. Pursuant to CEQA Guidelines Section 15063, an Initial Study has been prepared for this project. After reviewing the Initial Study, the proposed Negative Declaration, and all comments received during the public review process, the City Council hereby approves a Negative Declaration reflecting the independent judgment of the City of Newport Beach, and determines that the project is identical to a project approved after 3 certification of numerous environmental documents as described in Exhibit GP -5 and that the circumstances described in Section 15162 and 15163 of the CEQA Guidelines do not exist. 2. General Plan Amendment 99 -3(C) is hereby approved, consisting of the following: a. The addition of the Newport Coast Planned Community area to the Land Use Element's "General Plan Land Use" diagram, as shown in Exhibit GP -1, and adoption of the text amendment contained in Exhibit GP -2 as the land use designations for the Newport Coast in the Land Use Element of the City of Newport Beach General Plan. The Newport Coast Local Coastal Program's Land Use Plan is Exhibit GP -3 of this Resolution. b. The addition of the Newport Ridge Planned Community area to the Land Use Element's "General Plan Land Use" diagram, as shown on Exhibit GP -1, and adoption of the text amendment contained in Exhibit GP -2 as the land use designations for the Newport Ridge area in the Land Use Element of the City of Newport Beach General Plan. The Newport Ridge Planned Community Program is Exhibit GP -4 of this Resolution. c. The addition of the "residual" area, located within the annexation area but outside the Newport Coast and Newport Ridge PC's, to the Land Use Element's "General Plan Land Use" diagram, with land use designations as shown on Exhibit GP -1. d. The addition of the Newport Coast/Ridge area to the Circulation Element's Master Plan of Streets and Highways and the adoption of the circulation system within the annexation area in conformance with the circulation system as described in the County's Master Plan of Arterial Highways and the Newport Coast LCP. e. Repeal of Resolution Nos. 88 -21 and 88- 22. f. Designation of the bikeways in Newport Coast Drive and San Joaquin Hills Road as "Backbone Bikeways" on the Master Plan of Bikeways map of the Circulation Element. 0 ADOPTED this 8th day of August, 2000, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS ATTEST: CITY CLERK MAYOR EXHIBIT GP -1: AMENDED "GENERAL PLAN LAND USE" DIAGRAM 0 EXHIBIT GP -2: AMENDMENT TO LAND USE ELEMENT TEXT IN SECTION ENTITLED: "Downcoast Newaort Beach Area (Statistical Division N9 ": 1 • Replace the section heading and the first paragraph with the following: "NEWPORT COAST/RIDGE AREA (STATISTICAL DIVISION N) "The Newport Coast/Ridge area, formerly referred to as `Downcoast Newport Beach' contains 5441 acres and is designated as Statistical Division N. The area is composed of the northeasterly portion of the Newport Coast Planned Community (within the Coastal Zone), the Newport Ridge Planned Community, the Sage Hill School, the San Joaquin reservoir area, the Coyote Canyon landfill area, and other open space areas. "Development entitlements for the Newport Coast Planned Community shall be as designated in the Table for Statistical Area N, including the "Special Provisions ", and are intended to be consistent with the Land Use Plan of the Newport Coast Local Coastal Program and the Newport Ridge Planned Community Program adopted by the County of Orange, including any amendments. Residential areas within the Newport Coast Planned Community are designated Single Family Detached and commercial areas are designated Retail and Service Commercial. Residential areas within the Newport Ridge Community Program area are designated Single Family Attached and commercial areas are designated Retail and Service Commercial. The residential land use designations represent the anticipated predominant dwelling unit type and are not intended to limit development to only that type of product. Land uses within the remainder of the area inland of the above two planned communities, referred to as the `residual area', are designated Governmental, Educational, and Institutional Facilities for the Sage Hill School and Recreational and Environmental Open Space for the remaining area. Water storage facilities and ancillary uses are permitted use within the residual area." "The County of Orange may, by joint powers agreement or similar arrangement, continue to administer development in Newport Coast and Newport Ridge and to process PC amendments for those areas. The City's Planning Director shall be responsible for ensuring that all amendments are entered in the General Plan, Zoning Code, and other applicable City documents and regulations." 2. Replace the table labeled, "ESTIMATED GROWTHFOR STATISTICAL DIVISIONN" with the following revised table: ESTIMATED GROWTH FOR STATISTICAL DIVISION N Residential (in du's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 1/1/87 Projection Growth 1/1/87 Projection Growth Newport Coast LCP -0- 2,600 2,600 -0- 100,000* 100,000* Newport Ridge PC -0- 2,550 2,550 -0- 155,000 155,000 Residual Area -0- -0- -0- -0- ** ** TOTAL -0- 5,150 5,150 -0- 255,000 255,000 Population -0- 10,197 10,197 Special Provisions: * Does not include hotel and other transient accommodations. A maximum of 2,150 visitor - serving rooms /units are permitted, with at least 350 rooms developed as a hotel. Any conversion of the transient accommodations (except the 350 hotel units) to residential (Single Family Detached) may be permitted provided there is no net increase in average daily trips. ** Land uses in residual area consist of open space and private Sage Hill school. IN SECTION ENTITLED: "Citywide Growth Projections ": 3. Amend the Table labeled, "ESTIMATED GROWTH FOR THE NEWPORT BEACH PLANNING AREA" to reflect the preceding Newport Coast, Newport Ridge, and residual area dwelling unit, population, and commercial square footage additions. 2 EXHIBIT GP -3: NEWPORT COAST LCP LAND USE PLAN (ADOPTED BY THE COUNTY OF ORANGE DECEMBER 3,1996) /Distributed separately due to bulk. Available for public inspection at the City Planning Department] EXHIBIT GP -4: NEWPORT RIDGE PLANNED COMMUNITY PROGRAM (ADOPTED BY THE COUNTY OF ORANGE MARCH 17,1998) [Distributed separately due to bulk. Available for public inspection at the City Planning Department.] EXHIBIT GP -5: HISTORY OF PLANNING AND ENVIRONMENTAL ANALYSIS SCREENCHECK DRAFT EIR SUBMITTED: DECEMBER 17,1997 DRAFT EIR ACCEPTED: April 27, 1998 FINAL EIR CERTIFIED COMPLETED: July 21, 1998 STATE CLEARINGHOUSE NUMBER: 97111072 VOLUME IV MINUTES/RESOLUTIONS /STAFF REPORTS FINAL ENVIRONMENTAL IMPACT REPORT PHASES IV -3 AND IV -4 OF THE NEWPORT COAST PLANNED COMMUNITY NEWPORT COAST PLANNING AREAS 4A, 4B, 5, 6, 12C, 12E, AND 12G MCDP SEVENTH AMENDMENT EIR NO. 569 LEAD AGENCY: ORANGE COUNTY PLANNING & DEVELOPMENT SERVICES DEPARTMENT ENVIRONMENTAL PLANNING SERVICES 300 N. FLOWER STREET PO BOX 4048 SANTA ANA, CA 92702 -4048 CONTACT PERSONS: RAYMOND H.C. BRANTLEY, CHIEF TELEPHONE: (714) 834 -3763 ROMI ARCHER, EIR PROJECT MANAGER TELEPHONE: (714) 834 -5562 PROJECT SPONSOR: THE IRVINE COMMUNITY DEVELOPMENT COMPANY 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CA 92658 -8904 ENVIRONMENTAL INFORMATION FOR USE BY COUNTY OF ORANGE, CALIFORNIA PLANNING APPLICATION NO. 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OCD � ctl "O O a) _ > o ° o U •V Y Lw Q a) a) Y w Q U Q h Q d Z o, N 'n Q �, A o rCn 000N 0. z o o° o o zi r 0 0. �,r r ? ? U N fir° oU t3 Qh c%tititi� TMIR CC rn u ATTACHMENT 2: PREZONING ORDINANCE ORDINANCE 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A ZONING AMENDMENT FOR PREZONING OF THE NEWPORT COAST/RIDGE AREA [ZONING AMENDMENT 9021 WHEREAS, the City of Newport Beach has initiated actions to annex territory to the City of Newport Beach, including the Newport Coast and Newport Ridge Planned Communities and other area adjacent to, but outside of, these two Planned Communities. The entire area to be annexed is sometimes referred to in this Ordinance as Newport Coast/Ridge. That portion of Newport Coast/Ridge within the Coastal Zone and/or the Newport Coast Planned Communities is sometimes referred to as Newport Coast and that portion of Newport Coast/Ridge outside of the Coastal Zone and/or within the Newport Ridge Planned Communities is sometimes referred to as Newport Ridge; and WHEREAS, Newport Coast/Ridge has been in the Newport Beach sphere of influence for more than 30 years but the land use planning and development processing for the area has been conducted by the County of Orange with assistance from the Coastal Commission; and WHEREAS, the County and The Irvine Company entered into the initial Newport Coast Development Agreement (Agreement) on May 23rd, 1988. That Agreement was most recently amended on December 3, 1996 and the Coastal Commission approved the amended Agreement on December 10, 1996; and WHEREAS, the Coastal Commission certified the Newport Coast LCP and First Amendment on January 14, 1988. The Coastal Commission approved a Second Amendment to the LCP and a Master Coastal Development Permit on December 10, 1996; and WHEREAS, Newport Coast development is also governed by a June 27, 1997 "Settlement Agreement" between the County, The Irvine Company, Stop Polluting Our Newport (SPON) and Friends of the Irvine Coast; and WHEREAS, the County, in the course of land use planning the Newport Coast/Ridge, has identified significant portions of land owned by The Irvine Company (Company) that contains valuable habitat and has ensured preservation of that valuable habitat by requiring dedication to public agencies subject to Company's right and ability to develop portions of the Property in accordance with the Development Plans and Development Approvals. The Newport Coast is part of the Natural Communities Conservation Plan (NCCP), a complex agreement administered by the County that involves, among other things, the phased dedication of valuable habitat in the Newport Coast and other portions of the County; and WHEREAS, the NCCP and the land use permits, plans, approvals and agreements governing land use in Newport Coast/Ridge represent an extremely complex and integrated plan (Land Use Plan) for the preservation and development of the property. The administration and implementation of the Land Use Plan requires a level of staffing, expertise, knowledge and experience that can only be found in the County employees and officials that have been intimately involved in the preparation of the documents that comprise the Land Use Plan. The failure to properly administer or implement the NCCP and/or the Development Approvals could deprive the public of the benefits of the proposed dedications of valuable habitat or interfere with the rights of landowners to develop property — development that is a precondition to the dedications; and WHEREAS, the County has prepared all of the documentation required by the California Environmental Quality Act (CEQA) for the Land Use Plan including numerous environmental impact reports (EIR's) and, in the case of the LCP approval, the functional equivalent to an EIR. These environmental documents have fully evaluated all potential impacts related to implementation of the Land Use Plan, have fully informed the decision maker and the public with respect to any significant unavoidable impact, and the County has adopted all feasible mitigation measures; and WHEREAS, prior to annexation, the City intends to enter into a joint powers agreement or similar arrangement with the County of Orange that would, upon annexation, delegate the City's land use authority over the Newport Coast/Ridge to the County and restore land use jurisdiction to the City upon full implementation of the Land Use Plan. The purpose of the delegation and the joint powers agreement is to ensure that the development and dedication of valuable habitat is processed by the County consistent with the Land Use Plan; and WHEREAS, pursuant to Section 65300 of the California Government Code, the City of Newport Beach has prepared and adopted a comprehensive, long -term General Plan for the physical development of the City and land outside of its boundaries which bears relation to its planning; and 2 WHEREAS, the California Government Code requires zoning of property to be consistent with a city's General Plan designation of the property; and WHEREAS, the City is required to establish zoning and General Plan designations for Newport Coast/Ridge in conjunction with the proposed annexation; and WHEREAS, the City intends, through this Ordinance and other planning documents, to adopt zoning and General Plan designations for Newport Coast/Ridge that strictly conform to the Land Use Plan that has been approved by all public entities with jurisdiction over the property and authorize amendments to the Land Use Plan such as conversion of uses so long as there is no increase in average daily trips; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City has completed an Initial Study, determined that the impacts of any action taken through this Resolution have been fully evaluated in previously certified Environmental Impact Reports, that the conditions to the preparation of a Subsequent or Supplemental EIR do not exist, and that a Negative Declaration is appropriate; and WHEREAS, on September 21, 2000, the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed amendments and related items and forwarded them to the City Council with a recommendation of adoption; and WHEREAS, on October 10, 2000, the City Council of the City of Newport Beach held a public hearing regarding the proposed amendments and related items, and testimony was presented to and considered by the City Council; and WHEREAS, the public was duly notified of the preceding public hearings. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: ENVIRONMENTAL REVIEW. Pursuant to CEQA Guidelines Section 15063, an Initial Study has been prepared for this project. After reviewing the Initial Study, the proposed Negative Declaration, and all comments received during the public review process, the City Council hereby approves a Negative Declaration reflecting the independent judgment of the City of Newport Beach, and determines that the project is identical to a project approved after certification of numerous environmental documents as described in Exhibit GP -5 and that the 3 circumstances described in Section 15162 and 15163 of the CEQA Guidelines do not exist. SECTION 2: ZONING AMENDMENT. In light of the preceding findings, the City Council hereby approves Amendment 902, consisting of the following: a. Addition of Districting Map Nos. 68 and 69 establishing zoning for the Newport CoasURidge annexation area, as shown on Exhibit ZA -1 attached hereto. b. Adoption of PC Development Plan PC -52, consisting of the Newport Coast LCP's Implementing Actions Program for the Newport Coast area, and PC Development Plan PC -53, consisting of the Newport Ridge Planned Community Program for the Newport Ridge area. The Newport Coast Local Coastal Program's Implementing Actions Program is Exhibit ZA -2 of this Ordinance. The Newport Ridge Planned Community Program is Exhibit ZA -3 of this Ordinance. C. The preceding zoning designations shall constitute prezoning of the annexation area and shall become effective upon the approval of the annexation by LAFCO. SECTION 3: EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. 4 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on October 10, 2000 and adopted on October 24, 2000 by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS 5 MAYOR EXHIBIT ZA -1: DISTRICTING MAPS NOS. 68 AND 69 EXHIBIT ZA -2: NEWPORT COAST LCP IMPLEMENTING ACTIONS PROGRAM (ADOPTED BY THE COUNTY OF ORANGE DECEMBER 3,1996) [Distributed separately due to bulk. Available for public inspection at the City Planning Department.] EXHIBIT ZA -3: NEWPORT RIDGE PLANNED COMMUNITYPROGRAM (ADOPTED BY THE COUNTY OF ORANGE MARCH 17, 1998) [Distributed separately due to bulk. Available for public inspection at the City Planning Department.] ATTACHMENT 3: DEVELOPMENT AGREEMENT ORDINANCE 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY [DEVELOPMENT AGREEMENT NO. 141 The City Council of the City of Newport Beach DOES HEREBY 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 the 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 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 Development Agreement has been prepared in compliance with state law and the Newport Beach Municipal Code; and f. On September 21, 2000, the Planning Commission of the City of Newport Beach held a duly- noticed public hearing regarding the proposed Development Agreement and; and g. The Planning Commission found that the Development Agreement is in conformance with the Newport Beach General Plan, as proposed by accompanying General Plan Amendment No. 99 -3(C), and forwarded the Development Agreement to the City Council with a recommendation of adoption, subject to certain amendments; and h. On October 10, 2000, the City Council of the City of Newport Beach held a duly - noticed public hearing regarding the proposed Development Agreement, and testimony was presented to and considered by the City Council; and i. Pursuant to the California Environmental Quality Act (CEQA), the City has completed an Initial Study, determined that the impacts of the subject Development Agreement have been fully evaluated in previously certified Environmental Impact Reports, that the conditions to the preparation of a Subsequent or Supplemental EIR do not exist, and that a Negative Declaration is appropriate; and j. The Development Agreement will preserve the benefits of years of land use planning and open space- habitat preservation efforts, while establishing ultimate City control of the area.. SECTION 2. Development Agreement No. 14, attached hereto as Exhibit DA -1, is hereby adopted. SECTION 3. The Mayor shall sign and the City Council shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become 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 October 10, 2000, and adopted on October 24, 2000 by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS ATTEST: CITY CLERK MAYOR EXHIBIT DA -1: DEVELOPMENT AGREEMENT ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN CITY OF NEWPORT BEACH udf THE IRVINE COMPANY ►o IRVINE COMMUNITY DEVELOPMENT COMPANY CONCERNING THE NEWPORT COAST AND ADJACENT PROPERTIES TABLE OF CONTENTS SECTION & HEADING PAGE 1. DEFINITIONS AND EXHIBITS .................... ..............................5 1.1 Definitions .................................................... ..............................5 1.2 Exhibits ......................................................... ..............................7 2. GENERAL PROVISIONS ............................. ..............................7 2.1 Binding Effect of Agreement ........................ ..............................7 2.2 Assignment By OWNER .............................. ..............................8 3. PRE - ANNEXATION OBLIGATIONS AND COMMITMENTS.....8 3.1 Annexation of Property ................................. ..............................8 3.2 Environmental Impacts and Mitigation ......... ..............................9 3.3 Additional Pre - Annexation Understandings . .............................10 3.4 Cooperation ................................................. .............................11 3.5 Termination of Annexation Proceedings .... .............................11 4. DEVELOPMENT OF THE PROPERTY UPON ANNEXATION AND ADOPTION OF THE DEVELOPMENT PLAN. 11 4.1 Rights to Develop ........................................ .............................11 4.2 Effect of Agreement on Land Use Regulations ........................11 4.3 Timing of Development ............................... .............................11 4.4 Changes and Amendments ......................... .............................12 4.5 Continuation of Irvine Coast Development Agreement ............12 5. FINANCING OF PUBLIC IMPROVEMENTS AFTER ANNEXATION ............................................. .............................13 5.1 Formation of Financing Districts .................. .............................13 5.2 OWNER's Right to Construct Facilities ....... .............................13 6. REVIEW FOR COMPLIANCE FOLLOWING ANNEXATION..13 6.1 Periodic Review ........................................... .............................13 F: \users \cat \sh ared \Bu rn h am \N ewportCoast \DA \091900pcFi na I. do c 7 a 6.2 Special Review ............................................ .............................14 6.3 Procedure .................................................... .............................14 6.4 Certificate of Agreement Compliance .......... .............................14 DEFAULT AND REMEDIES ....................... .............................15 7.1 Specific Performance Available ................... .............................15 7.2 Restitution of Improper Development Fees . .............................15 7.3 Termination of Agreement ........................... .............................15 7.4 OWNER's Right To Terminate Upon Specified Events ............ 16 THIRD PARTY LITIGATION ....................... .............................16 MORTGAGEE PROTECTION .................... .............................17 10. MISCELLANEOUS PROVISIONS .............. .............................18 10.1 Term of Agreement ..................................... .............................18 10.2 Recordation of Agreement .......................... .............................18 10.3 Entire Agreement .................. ......... ......... ..................18 10.4 Severability .................................................. .............................18 10.5 Interpretation and Governing Law ............... .............................18 10.6 Section Headings ........................................ .............................19 10.7 Singular and Plural ...................................... .............................19 10.8 Time of Essence ......................................... .............................19 10.9 Waiver ......................................................... .............................19 10.10 Third Party Beneficiaries ............................. .............................19 10.11 Force Majeure ......... ......... ......... ......... ..................19 10.12 Mutual Covenants ....................................... .............................19 10.13 Counterparts ............................................... .............................19 10.14 Jurisdiction and Venue ................................ .............................19 10.15 Project as a Private Undertaking ................. .............................20 10.16 Further Actions and Instruments ............... ............................... 20 10.17 Eminent Domain .......................................... .............................20 10.18 Amendments in Writing /Cooperation .......... .............................20 10.19 Authority to Execute .................................... .............................20 F:\ users\ cat\ shared \Bu mha m \NewportCoast \DA \091900pcFina I. doc ANNEXATION AND DEVELOPMENT AGREEMENT This Annexation and Development Agreement (hereinafter "Agreement ") is entered into effective as of 2000, (hereinafter the "Effective Date ") by and among the CITY OF NEWPORT BEACH (hereinafter "CITY "), and THE IRVINE COMPANY and IRVINE COMMUNITY DEVELOPMENT COMPANY (hereinafter collectively "OWNER "). RECITALS A. OWNER collectively owns a substantial portion of the real property ( "Property ") described on Exhibit "A" and depicted on Exhibit "B," consisting of approximate[ ) acres. B. The Property is currently in the unincorporated area of the County of Orange ( "County "). OWNER has obtained development approvals for the majority of the Property from the County, and has commenced subdivision and development of the Property under the jurisdiction of the County. C. The development approvals for the Property have been approved as a result of a lengthy planning process and the preparation of numerous environmental documents (Planning and environmental history is attached as Exhibit B). The development approvals include: 1. The Newport Coast Local Coastal Program and Master Coastal Development Permit for that portion of the Property in the Coastal Zone. 2. A Development Agreement with the County (County Development Agreement). 3. The Newport Ridge Planned Community Plan. 4. Subdivision Maps. D. The Property is also part of the Natural Communities Conservation Plan (NCCP) — a complex agreement that requires OWNER to dedicate portions of the Property upon completion of certain phases of development. OWNER is also required to dedicate large portions of the Property pursuant to the development approvals. F: \users\ cat\ shared \Burnham \NewportCoast \DA\ 100400.doc E. OWNER was required, by the development approvals, to make costly infrastructure improvements far in excess of those necessary to mitigate the impacts, or serve the needs, of the development. OWNER was required to make, and has made, these extraordinary improvements prior to development of the Property. F. OWNER has acquired a fully vested right to develop the Property in accordance with the development approvals because of the extraordinary expenditures for public and private improvements made in reliance on the development approvals, the dedications made in reliance on the development approvals and the County Development Agreement. G. CITY and OWNER intend for this Agreement to supplement the County Development Agreement in light of the CITY's intention to delegate to the County all land use authority over the Property until such time as the Project is complete. H. The Property is within CITY's sphere of influence. City is desirous of annexing the Property but recognizes that the development approvals for the Property involve complex and interrelated planning documents and CITY does not have sufficient staff to timely process the permits required for development- perm*Wn compliance with all the development approvals. Moreover, the development approvals and land use plan involve the dedication of valuable habitat and open space within and outside of the boundaries of the Property and City does not have the personnel and expertise to ensure that dedications occur as planned. CITY and OWNER have discussed the process and terms and conditions of annexing the Property to CITY, and each has determined that it is in their respective best interests to pursue that annexation pursuant to the terms of this Agreement and the development approvals. In particular: CITY desires assurances that OWNER will support eventual annexation of all of the Property to CITY, in order to: a. facilitate the timely and orderly integration of the Property into the CITY consistent with the CITY's sphere of influence; b. facilitate planning and provision of municipal services to the Property without any adverse fiscal impact on the CITY or the ultimate owners of the property; and C. ensure consistency with and implement the CITY's General Plan; and 3 F: \users\ cat\ shared \Bu m h am \N ewportCoast \DA \100400.do c 2. OWNER desires to obtain assurances from CITY that subsequent to annexation: a. OWNER will still be able to develop the Property to the full extent permitted by the development approvals granted by the County and the Coastal Commission and consistent with the City's General Plan; b. development will be processed by the County in accordance with a uniform set of land use and building rules, regulations and requirements, as established by the development approvals given by the County for the Property prior to its annexation; and C. development of the Property will be subject only to costs, fees, processing requirements, conditions or exactions that would have been imposed had the Property not been annexed to CITY,. J. In addition to the authority at common law for annexation agreements, Government Code Sections 65864 et seq. ( "Development Agreement Law "), and Newport Beach Municipal Code Chapter 15.45, authorize CITY to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic costs of such development. K. The City Council has found that this Agreement is in the best public interest of the CITY and its residents, adopting this Agreement constitutes a present exercise of its police power, and prior to and as a condition precedent to annexation of the Property, this Agreement will be consistent with the City's General Plan and with Newport Beach Municipal Code Chapter 15.45. L. Nothing in this Agreement is intended to impair the rights and obligations of OWNER under and pursuant to either or both the Newport Coast Local Coastal Program, Second Amendment, and the Litigation Settlement Agreement entered into June 27, 1997, by and among OWNER, the Friends of the Irvine Coast, Laguna Greenbelt, Inc., and Stop Polluting Our Newport. 4 F:\u sers \cat \sh ared \Bu rn h am \N ewportCoast \DA\ 100400. doc COVENANTS NOW, THEREFORE, the Parties agree as follows: 1. DEFINITIONS AND EXHIBITS 1.1 Definitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized, or all letters capitalized, when used in the Agreement. The defined terms include the following: 1.1.1 "Agreement' means this Annexation and Development Agreement. 1.1.2 "Coastal Zone Area" means that portion of the Property that is subject to the provisions of the California Coastal Act, Public Resources Code section 30000 et seq. 1.1.3 "CITY" means the City of Newport Beach, a California charter city. 1.1.4 "County' means the County of Orange, apolitical subdivision of the State of California. 1.1.5 "Development' whether or not capitalized means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping and park facilities and improvements. For purposes of this Agreement, however, "Development" does not include any remodeling, reconstruction, or other building or grading activity by any person subsequent to the termination of this Agreement as provided in and pursuant to Section 2.3.3 below. 1.1.6 "Development Approvals" means all permits, licenses, consents, rights and privileges, and other actions subject to approval or issuance by County or CITY in connection with Development of the Property, including but not limited to: 5 F: \users \cat\s hared \Burnham \N ewportCoast \DA\ 100400. doc a. General plans and general plan amendments adopted by the County or the CITY; b. Specific plans and specific plan amendments; C. Zoning and rezoning adopted by the County or the CITY; d. Tentative and final subdivision and parcel maps; e. Variances, conditional use permits, master plans, public use permits and plot plans; and f. Grading and building permits. 1.1.7 "Development Plan" means the plan for Development of the Property, including without limitation the planning and zoning standards, regulations, and criteria for the Development of the Property, contained in and consistent with the Development Approvals. The components of the Development Plan are more fully described in Exhibit "C." 1.1.8 "Effective Date" means the date this Agreement is approved by the CITY as shown in the first paragraph.. 1.1.9 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies governing Development and use of land applicable to the Property pursuant to this Agreement, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing: a. the conduct of businesses, professions, and occupations; b. except as provided in Section 4.9 below, taxes and assessments; C. the control and abatement of nuisances; d. the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; and e. the exercise of the power of eminent domain 0 F: \users \cal \sh ared \Bu rn h am \NewportC oast \DA\ 100400.doc 1.1.10 "OWNER" means individually and collectively The Irvine Company and Irvine Community Development Company, and where appropriate in context their respective successors in interest to all or any part of the Property. 1.1.11 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security- device, a lender and their successors and assigns. 1.1.12 "Project' means the Development of the Property consistent with the Development Plan. 1.1.13 "Property' means the real property described in Exhibit "A" and shown on Exhibit "B" to this Agreement. 1.1.14 "Reservation of Authority' means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 4.6 of this Agreement. 1.1.15 "Subsequent Development Approvals" means all Development Approvals subsequent to the Effective Date in connection with Development of the Property. 1.1.16 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement, other than the Development Plan. 1.1.17 "Term" shall mean the period of time from the Effective Date until the termination of this Agreement as provided in subsection 10.1, or earlier termination as provided in Section 7. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A" Legal Description of the Property. Exhibit "B" Planning and Environmental History. Exhibit "C" Map showing Property and its location. Exhibit "D" List of County Development Approvals Exhibit "E" Mitigation Measures 7 F: \users \cat \shared \Bum ham \NewportCoast \DA\ 100400. doc Exhibit "F" Affordable Housing Implementation Plans 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. This Agreement shall be binding on the CITY from and following the Effective Date. However, CITY shall have no right or duty with respect to the Property until annexation of the Property to CITY and CITY intends, through a joint powers agreement or similar arrangement, to delegate to the County all land use jurisdiction and all responsibility for processing Development Approvals. 2.2 Assignment By OWNER. 2.2.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seg.), and in so doing assign its rights and obligations under this Agreement as the same may relate to the portion of the Property being transferred, to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement. 2.2.2 Release of Transferring Owner. Upon the sale, transfer or assignment of all or a portion of the Property, the transferring OWNER shall be released of all obligations under this Agreement that relate to the portion of the Property being transferred; provided that the obligations under Sections 4 and 5 of this Agreement that relate to the portion of the Property being transferred are assumed by and enforceable against the transferee. 2.2.3 Termination of Agreement With Respect to Individual Residential Lots On Sale to Public and Completion of Construction. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any residential lot and such residential lot shall be released and no longer be subject to this Agreement upon satisfaction of both of the following conditions: a. The residential lot has been finally subdivided and individually (and not in "bulk ") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and, b. A certificate of occupancy has been issued or a final building inspection has been conducted and approved for the primary dwelling unit on the residential lot. E�] F: \users\ cat \shared \Burnham \N ewportCoast \DA\ 100400. doc 2.2.4 Termination of Agreement With Respect to Non - Residential Parcels. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any non - residential parcel and such non- residential parcel shall be released and no longer be subject to this Agreement at such time as the parcel has been fully improved and occupied consistent with the allowed intensity of development under the Development Plan. 3. PRE - ANNEXATION OBLIGATIONS AND COMMITMENTS. 3.1 Annexation of Property. Consistent with and subject to the terms and conditions of this Agreement and specifically this Subsection, CITY may, in one annexation proceeding or several annexation proceedings, annex the Property under such conditions as are imposed by or through the Orange County Local Agency Formation Commission and reasonably acceptable to OWNER. Conditions shall be deemed to be reasonably acceptable to OWNER unless the conditions impair or interfere with OWNER's rights to develop or materially increase the cost of development.: 3.1.1 Annexation Before Project Completion. OWNER will neither oppose nor interfere with CITY's annexation of the Property in its entirety before p !roject completion, provided that CITY first: a. Obtains from the Coastal Commission and /or the Executive Director of the Coastal Commission, a binding determination that annexation of the Property by CITY subject to the terms of this Agreement and related agreements or arrangements will not alter or affect the validity and enforceability of the Newport Coast Local Coastal Program, Second Amendment, and any related coastal development permits or deprive the County of authority to issue coastal development permits pursuant to the terms of this Agreement and the Newport Coast Local Coastal Program, Second Amendment. ; b. Adopts the applicable general plan provisions, specific plans and zoning for the Property essentially as the same have been adopted by the County, to the extent the annexation covers portions of the Property that are not governed by the Newport Coast Local Coastal Program, Second Amendment; C. Enters into a joint powers or similar agreement with the County preserving with the County all discretionary land use, grading, and building authority over the Property and Project; Agreement has terminated fora lot or narnol; and F: \users\ cat \shared \Burnham \N ewportCoast \DA\ 100400.doc 3.1.2 Ultimate Annexation. OWNER will fully support CITY annexation of all or a portion of the Newpert Geast Pro a without satisfying the provisions of Section 3.1.1, provided-to the extent that all annexed lots and /or parcels have received building permits and a certificate of occupancy has been issued or a final building inspection has been conducted and approved for their original improvements. 3.2 Environmental Impacts and Mitigation. The parties acknowledge that Environmental Impact Reports, environmental documents and functional equivalents ( "Environmental Documents - described in Exhibit B) have been prepared and certified for the Project by County and /or approved by the Coastal Commission. CITY has reviewed and evaluated the Environmental Documents to determine if the impacts of the Project, as represented by this Agreement, the Development Plan, and the CITY approvals, were fully analyzed and evaluated. CITY has also reviewed the Environmental Documents and all relevant existing facts and circumstances to determine if any of the events that require preparation of a subsequent or supplemental environmental document have occurred. CITY has determined based on that review that none of the events described in Section 21166 of the Public resources Code or Sections 15162 or 15163 of the CEQA Guidelines have occurred. CITY has specifically determined that the detachment of the Property from County and the annexation of the Property to CITY do not require preparation of any subsequent or supplemental environmental impact report for the Project. CITY has also determined that, subject to incorporation of the mitigation measures identified in Exhibit "D" and except as specifically provided in this Agreement, there is no current or anticipated deficiency in any municipal service or facility (including without limitation planned community and neighborhood parks, drainage and flood control facilities, circulation system infrastructure, and public safety services) resulting from Development of the Project. The mitigation measures identified in Exhibit "D" are incorporated by reference into the Development Plan. 3.3 Additional Pre - Annexation Understandings. As a further inducement to OWNER to support the annexation of the Property to CITY, CITY agrees that, as of the date of its approval of this Agreement -, CITY acknowledges that all County affordable housing requirements associated with development of the Property have been satisfied. CITY also acknowledges that the OWNER has a vested right to proceed with development pursuant to the County Agreement and that no additional affordable housing requirements shall be imposed on development of the Property pursuant to the CITY's General Plan or otherwise. The Affordable Housing Implementation Plans approved by the County, describing the manner in 10 FAuse rs\cat\sh ared\Bu rn h am\NewportCoast\DA\ 1 00400.doc which affordable housing requirements have been satisfied for development of the Property, are attached to this Agreement as Exhibit "E." Fees payable upon issuance of any development permit (e.g., building permit or occupancy permit) will be paid to the issuer of the permit in accordance with County Codes, fee schedules and requirements for original improvements. Following annexation, fees shall continue to be paid to the issuer in accordance with the codes and requirements for additions, remodels and rebuilds of the jurisdiction with land use authority. CITY agrees that the Project is in full compliance with, and shall not be further subject to, CITY's Traffic Phasing Ordinance following annexation of the Property, CITY having determined through this Agreement that: a. Development of the Property will not cause or make worse any unsatisfactory level of service at any critical intersection as defined in the Traffic Phasing Ordinance; b. Development of the Property has been considered a committed project which has been incorporated into the CITY's traffic model and Circulation Element traffic projections and all resulting levels of service have been accepted in the Circulation Element; and C. There is an overall reduction in peak hour ICU at impacted intersections having unsatisfactory levels of service taking into account the circulation improvements constructed or facilitated by OWNER pursuant to conditions imposed for development of the Project, including without limitation construction of Newport Coast Drive, extension of San Joaquin Hills Road, widening of Pacific Coast Highway, and facilitation of construction of the San Joaquin Hills Transportation Corridor. 3.4 Cooperation. Subject to and in reliance upon the representations and covenants of the CITY herein, OWNER will support the annexation of the Property by the CITY. 3.5 Termination of Annexation Proceedings. This Agreement may be terminated by OWNER in the event that CITY fails to comply with the requirements of Paragraph 3.1 above with respect to any proposed annexation to CITY, or if conditions imposed by or through the Local Agency Formation Commission on the annexation are determined by either party to conflict materially with its rights and obligations under any provision of this Agreement. 4. DEVELOPMENT OF THE PROPERTY UPON ANNEXATION AND ADOPTION 11 F: \users \cat \shared \B urn ham \N ewportCoast \DA \100400. doc OF THE DEVELOPMENT PLAN. Following annexation of the Property by CITY, the following provisions shall apply: 4.1 Rights to Develop. Subject to the terms of this Agreement, following annexation of the Property OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. Pending annexation to CITY, OWNER shall have the right to seek approvals from County for the Development of the Property, and to develop the Property, consistent with the Development Plan. 4.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to Development of the Property, shall be those contained in the Development Plan and those Land Use Regulations not inconsistent with the Development Plan. 4.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of Development resulted in a later adopted initiative restricting the timing of Development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment. Nothing in this section is intended to alter the standard durational limits of any applicable permits issued to OWNER. 4.4 Changes and Amendments. The parties acknowledge that Development of the Project will likely require Subsequent Development Approvals, and that in connection therewith OWNER may determine that changes are appropriate and desirable in the existing Development Approvals or Development Plan. In the event OWNER finds that such a change is appropriate or desirable, OWNER may apply in writing for an amendment to p4er—Development Approvals or the Development Plan to effectuate such change, which application shall be processed for approval by County. F: \users\ cat \shared \Burnham \NewportCoast \DA\ 100400.doc CITY shall expressly permit and authorize modifications of any proposed changes in the exigtiRg Development Approvals or Development Plan unless the proposed modifications, that -Bare inconsistent with the Land Use Element designations for the Property adopted by CITY on unlesG the proposed medifiGatiGRG or would materially (ab) reduce open space intended for dedication to the public, (13c) alter the cost of providing municipal services to the Property subsequent to annexation, (sd) reduce the amount of property tax or other revenue available to the CITY after annexation, or (de) materially increase the density and /or intensity of development allowed in the Project as a whole, resulting in unacceptable intersection impacts outside of the Project that cannot be mitigated pursuant to the CITY's Traffic Phasing Ordinance. If approved in a form to which OWNER has consented in writing, any such change in the Development Approvals or Development Plan shall be incorporated herein as an addendum, and may be further changed from time to time as provided in this Section. Any change in the Development Approvals or Development Plan made in accordance with the procedures required by the Land Use Regulations and with the written consent of the OWNER shall be conclusively deemed to be consistent with this Agreement, without any further need for any amendment to this Agreement or any of its Exhibits. 4.5 Continuation of Irvine Coast Development Agreement. CITY acknowledges and agrees that the Irvine Coast Development Agreement entered into between OWNER and County shall continue to govern the rights and obligations of OWNER and County with respect to the Coastal Zone Area preceding annexation, and following annexation to the maximum extent permitted pursuant to the joint powers agreement or similar arrangement. If for any reason this Agreement is found to be invalid or unenforceable or OWNER's ability to proceed with the Development Plan is impaired or delayed for any reason, then the Coastal Zone Area shall be and remain subject to the terms and protections of the Irvine Coast Development Agreement. 5. FINANCING OF PUBLIC IMPROVEMENTS AFTER ANNEXATION. 5.1 Formation of Financing Districts. If so requested by OWNER, CITY will cooperate in the formation of any special assessment district, community facilities district or alternate financing mechanism ( "CFD ") to pay for the construction, acquisition, and /or maintenance and operation of public and /or quasi - public infrastructure, lighting, landscape, or any other public facilities required as part of the Development Approvals; provided, however, CITY shall have no obligation to authorize or to cause any such CFD to issue debt or sell bonds prior to the completion of the annexation of 13 F: \users \cat \shared \Bu mham \NewportCoast \DA\ 100400.doc the Property to CITY. In the event that such a CFD is formed and sells bonds to pay for the construction or acquisition of public or quasi - public facilities which were provided, in whole or in part, by OWNER, OWNER may be reimbursed from such bonds to the extent that OWNER has spent funds or dedicated land for the establishment of such facilities and creation of the CFD. While it is acknowledged that this Agreement cannot require CITY or the City Council to form any such CFD or to issue and sell bonds, CITY represents that it can, and does hereby, agree that it shall not refuse OWNER's request to form such a CFD and to issue and sell bonds following completion of annexation of the Property to CITY, except for good and reasonable cause. In no event shall CITY have any obligation or duty to refinance, repay, reduce the amount of, or assume any financial relationship to, any bonds or other debt issued by any CFD prior to annexation. 5.2 OWNER's Right to Construct Facilities. It is understood and agreed that, subject to CITY or County review and approval of plans and specifications, as appropriate, the OWNER may elect, and reserves the right, to construct, or cause the construction of, any public or quasi - public facility for which the CITY intends to collect a fee, and to dedicate the completed facility to the CITY, in lieu of payment of the fee. 6. REVIEW FOR COMPLIANCE FOLLOWING ANNEXATION. 6.1 Periodic Review. Following annexation of all or any portion of the Property, the City Council shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by OWNER with the terms of the Agreement. As part of that review, OWNER shall submit an annual monitoring review statement describing its actions in compliance with this Agreement, in a form acceptable to the City Manager, within 30 days after written notice from the City Manager requesting that statement. The statement shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time at CITY's sole cost. OWNER shall cooperate with the CITY in the conduct of such special reviews. 6.3 Procedure. In connection with any periodic or special review, each party shall have a reasonable opportunity to assert matters which it believes 14 F: \users\ cat \shared \Burnham \N ewportCoast \DA\ 100400. doc have not been undertaken in accordance with the Agreement, to explain the basis for such assertion, and to receive from the other party a justification of its position on such matters. If on the basis of the parties' review of any terms of the Agreement, either party concludes that the other party has not complied in good faith with the terms of the Agreement, then such party may issue a written "Notice of Non - Compliance" specifying the grounds therefor and all facts demonstrating such non - compliance. The party receiving a Notice of Non - Compliance shall have thirty (30) days to respond in writing to said Notice. If the response to the Notice of Non - Compliance has not been received in the offices of the party alleging the default within the prescribed time period, the Notice of Non - Compliance shall be conclusively presumed to be valid. If a Notice of Non - Compliance is contested, the parties shall have up to sixty (60) days to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice. In the event that the parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the sixty (60) day period, the party alleging the non - compliance may thereupon pursue the remedies provided in Section 7. 6.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by OWNER, issue a Certificate of Agreement Compliance ( "Certificate ") to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and CITY Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder. Additionally, OWNER may at any time request from the CITY a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Property, or any lot or parcel within the Property. 7. DEFAULT AND REMEDIES. 7.1 Specific Performance Available. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance is a particularly appropriate remedy for the enforcement of this Agreement and should be available to OWNER and CITY because due to the size, nature and scope of the Project, it may not be practical or possible 15 F: \users \cat \sha red \Burnham \N ewportCoast \DA \100400. doc to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER and /or CITY may be foreclosed from other choices it may have had to utilize or condition the Property or portions hereof. OWNER and CITY have invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, such that it would be extremely difficult to determine the sum of money which would adequately compensate OWNER and /or CITY for such efforts. Except as provided in the Section 7.2 below, ,neither OWNER nor CITY shall be entitled to any money damages, including attorney fees, from the other party by reason of any default under this Agreement. 7.2 Restitution of Improper Development Fees. In the event any Development fees or taxes are imposed by CITY on Development of the Property other than those authorized pursuant to this Agreement, OWNER shall be entitled to recover from CITY restitution of all such improperly assessed fees or taxes, together with interest thereon at the maximum allowable non - usurious rate from the date such sums were paid to CITY to the date of restitution 7.3 Termination of Agreement. 7.3.1 Termination of Agreement for Default of OWNER. CITY in its discretion may terminate this Agreement as to any non - annexed portions of the Property for any failure of OWNER to perform any material duty or obligation of OWNER hereunder or to comply in good faith with the terms of this Agreement related to its annexation (hereinafter referred to as "default'); provided, however, CITY may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 6.3 and thereafter providing written notice to OWNER of the default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 30 days after the effective date of such notice or, in the event that such default cannot be cured within such 30 day period, the failure of CITY to commence to cure such default within such 30 day period and to diligently proceed to complete such actions and to cure such default. 7.3.2 Termination of Agreement for Default of CITY. OWNER in its discretion may terminate this Agreement by written notice to CITY after the default by CITY in the performance of a material term of this Agreement and only after following the procedure set forth in Section 6.3 and thereafter providing 16 F:\ users\ cat \shared \Burnham \N ewportCoast \DA\ 100400.doc written notice by OWNER thereof to CITY and, where the default can be cured, the failure of CITY to cure such default within 30 days after the effective date of such notice or, in the event that such default cannot be cured within such 30 day period, the failure of CITY to commence to cure such default within such 30 day period and to diligently proceed to complete such actions and to cure such default. 7.3.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement which has occurred prior to said termination, or (iii) obligations that have vested through the annexation of the Property, or any annexed portion thereof. 7.4 OWNER's Right To Terminate Upon Specified Events. Notwithstanding any other provisions of this Agreement to the contrary, OWNER retains the right to terminate this Agreement (but not the provisions of Section 3) upon thirty (30) days written notice to CITY in the event that OWNER reasonably determines that continued Development of the Project consistent with the Development Plan has become economically infeasible due to changed market conditions, increased Development costs, burdens imposed as conditions to future discretionary approvals of the Project consistent with this Agreement, or similar factors. 8. THIRD PARTY LITIGATION. CITY shall promptly notify OWNER of any claim, action or proceeding filed and served against CITY to challenge, set aside, void, annul, limit or restrict the approval and continued implementation and enforcement of this Agreement. CITY and OWNER agree to cooperate in the defense of such action(s). 9. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation 17 F: \users \cat \shared \Bu rnham \NewportCoast \DA \t 00400.doc or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: a. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. b. The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER's obligations under this Agreement. C. If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. d. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER's obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; except that (i) to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Property acquired by such Mortgagee by foreclosure, deed of trust, or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Plan applicable to the Property or such part thereof so acquired by the Mortgagee. 10. MISCELLANEOUS PROVISIONS. W F: \users\ cat \shared \Burnham \N ewportCoast \DA\ 100400. doc 10.1 Term of Agreement. Following completion of the annexation of the Property, or any portion thereof, to the CITY within the preceding time periods, this Agreement shall continue in full force and effect with respect to such annexed land for a period of fifteen (15) years from the effective date of that annexation. 10.2 Recordation of Agreement. This Agreement shall be recorded with the County Recorder by the City Clerk upon annexation of the Property to CITY within the period required by Section 65868.5 of the Government Code. Similarly, amendments approved by the parties, and any cancellation, shall also be recorded. 10.3 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld. 10.5 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of CITY shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.7 Singular and Plural. As used herein, the singular of any word includes the plural. 10.8 Time of Essence. Time is of the essence in the performance of the 19 F: \users \cat \shared \Burnham \NewportC oast \DA\ 100400. doc provisions of this Agreement as to which time is an element. 10.9 Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10 Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement; provided, however, that the fee owners of any non - residential parcels in the annexation area may elect to be covered by this Agreement. 10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 10.13 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.14 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Development of the Project is a ME F: \users \cat \shared \Bu rnham \NewportCoast \DA \100400.doc private Development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the Development of private property and the owner of such property. 10.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. Subject to Section 3 above, OWNER will cooperate with the CITY in the processing of the annexation of the Project through the Local Agency Formation Commission including advocating the application of the existing AB 8 Master Property Tax Transfer Agreement. OWNER acknowledges the importance of maintaining the fiscal benefits of the Project assuming that the current method of allocating sales tax revenues (i.e., point of sale) is utilized. OWNER will consult with the CITY regarding legislative proposals to adjust this procedure with the goal of supporting CITY efforts to maintain the fiscal benefits of the Project through the legislative process. 10.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.18 Amendments in Writing /Cooperation. This Agreement may be amended only by written consent of both parties specifically approving the amendment and in accordance with the Government Code provisions for the amendment of Development Agreements. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. 10.19 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he /they have the authority to execute this Agreement on behalf of his /their corporation, partnership or business entity and warrants and represents that he /they 21 F: \users \cat \sh ared \Bu rnh am \N ewportCoast \DA\ 100400.doc has /have the authority to bind OWNER to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above. CITY: CITY OF NEWPORT BEACH By: Mayor ATTEST: LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robert H. Burnham, City Attorney (SEAL) OWNER: THE IRVINE COMPANY Title: By: Title: 22 F:\ users\ cat\ shared\ Burnham \NewportCoast \DA \t 00400.doc OWNER: IRVINE COMMUNITY DEVELOPMENT COMPANY By: By: [ALL SIGNATURES SHALL BE NOTARIZED. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.] 23 F:\ users\cal\shared \Burnham \NewportCoasl \DA \t 00400.doc ATTACHMENT 4: SEPTEMBER 21, 2000 PLANNING COMMISSION STAFF REPORT WITH ATTACHED NEGATIVE DECLARATION (other attachments available for public review at the City Planning Department) CITY OF NEWPORT BEACH Hearing Date: September 21, 2000 Agenda Item No.: PLANNING DEPARTMENT Staff Person: Larry Lawrence U 33 o NEWPORT BOULEVARD (949) 661 -8175 �L /FORN�r NEWPORT REACH, Gg2658 (949) 644- -V—; FAX (949) 644'450 REPORT TO THE PLANNING COMMISSION SUBJECT: Annexation of Newport Coast/Ridge Area SUMMARY: GPA 99 -3(C), Zoning Amendment No. 902 (PC Nos. 52 and 53), and Development Agreement No. 14: Proposed General Plan Amendment, prezoning, and development agreement necessary to provide for annexation of the Newport Coast/Ridge area to the City (see vicinity map). ACTION: Conduct the public hearing and adopt Resolution No. 2000- , recommending City Council approval of the General Plan Amendment, prezoning, and development agreement. ZONING DISTRICTS: Existing: Newport Coast LCP and Newport Ridge Planned Community Program under the County of Orange. Proposed: Under City of Newport Beach: Planned Community (PC) for both Newport Coast (utilizing the current County Newport Coast LCP) and Newport Ridge (utilizing the current County Newport Ridge Planned Community Program). GEIF and OS -P for `residual' area inland of Newport Ridge. LAND USE DESIGNATIONS: Existing: Under Newport Coast LCP and County of Orange General Plan: Various residential, commercial, and open space designations for both Newport Coast and Newport Ridge. Proposed: For Newport Coast LCP: Land Use Plan portion of LCP (same as under County). For Newport Ridge PC: (same designations as provided in current NRPC Program. For residual area: "Recreational & Environmental Open Space ", except Sage Hill School site: "Governmental, Educational & Institutional Facilities ". VICINITY MAP '4 t Iii ��. � •_ �. �c(R`til�; c� '�►,; _ (�•�• it � -- �L�. d' September 21, 2000 Page 2 Subject Properties and Surrounding Land Uses The Newport CoasVRidge annexation area is located along the southeast boundary of the City, South of the San Joaquin Hills Transportation Corridor. ADJACENT LAND USE Current Land Use: Developing residential - commercial planned communities with open space To the north San Joaquin Hills Transportation Corridor and City of Irvine To the south: Pacific Ocean To the east: Inland portion of Crystal Cove State Park To the west: City of Newport Beach residential areas and open space BACKGROUND On October 25, 1999, the City Council initiated an application with the Local Agency Formation Commission (LAFCO) to annex the Bay Knolls, Newport Coast/Ridge, and Santa Ana Heights areas. General Plan Amendments and prezoning have been approved for both the Bay Knolls and Santa Ana Heights areas. The present agenda item is to provide such pre - annexation designations for the Newport Coast/Newport Ridge area. This area has long been included within the City's sphere of influence as determined by the Local Agency Formation Commission (LAFCO). The City intends to enter into a joint powers agreement (a copy of the draft agreement is attached as Exhibit JP -1 of the Planning Commission Resolution) or similar arrangement with the County of Orange that would, upon annexation, delegate the City's land use authority over the Newport CoasMdge to the County. The City would assume land use jurisdiction upon full implementation of the Newport Coast LCP and the Newport Ridge PC. The purpose of delegating land use jurisdiction to the County is to ensure that the development and dedication of valuable habitat is processed by the County and in a manner that is consistent with the existing and complex plans that are the result of years of planning and environmental analysis. (Summary of planning and environmental analysis attached as Exhibit PH -1 of the Planning Commission Resolution). POINTS AND AUTHORITY Conformance with the General Plan Newport Coast: The Newport Coast Planned Community comprises that portion of the Newport CoasURidge annexation area that is within the Coastal Zone (see attached Exhibit GP -1). Staff is recommending that text consistent with the Land Use Plan portion of the County's LCP be adopted as the land use designation in the Land Use Element of the Newport Beach General Plan Amendment. (Exhibit GP -2). Staff is also recommending that prior actions establishing land use designations for Newport Coast and Newport Ridge (such as Resolutions 88 -21 and 88 -22) be rescinded. 2. Newport Ridge: The Newport Ridge Planned Community is immediately north of the Newport Coast. and is outside the Coastal Zone (see Exhibit GP -1). This area and the `residual' area described below are not presently included in the City's Land Use Element because they were not Newport CoffitMdge Amendments September 21, 2000 Page3 added to the City's sphere of influence by LAFCO until 1997. Therefore, they must be added to the Land Use Element (to Statistical Division N). 3. Residual Area: The remaining subareas within the Newport Coast/Ridge annexation area are not within either of the above two planned communities. These are the San Joaquin reservoir area, the open space areas just south of the San Joaquin Corridor on both sides of Newport Coast Drive, and the private Sage Hill School (under construction). The reservoir and open space areas are proposed to be designated "Recreational and Environmental Open Space" in the General Plan Amendment, while the school site is designated as "Governmental, Educational & Institutional Facilities." Water storage and related facilities are permitted uses in the residual area. Conformance with the Municipal Code The Newport Coast and Newport Ridge areas will be placed in the Planned Community (PC) District (PC -52 and PC -53, respectively). The Newport Coast LCP will be adopted by reference as the zoning for the area and the LCP's implementing actions program will serve as the PC District Plan for that area. The County of Orange's Newport Ridge Planned Community Program will also be adopted by reference and serve as the PC District Plan for that area. The "residual areas" will be placed in zoning classifications consistent with their proposed land use designations. The reservoir and other open space areas south of the San Joaquin Corridor will be placed in the Open Space- Passive (OS -P) District, while the Sage Hill School will be placed in the Government, Educational and Institutional Facilities (GEIF) District. SITE OVERVIEW The overall Newport Coast/Ridge annexation area contains 5,441 acres (see Exhibit GP -1). Upon buildout, (estimated around the year 20 10) the Newport Coast Planned Community portion will contain a maximum of 2,600 dwelling units and 2,150 resort/hotel units, while Newport Ridge will contain up to 2,550 dwelling units. There will also be a maximum of 255,000 square feet of retail commercial development in the annexation area. The remaining area within the proposed annexation, consisting of the area inland of the Newport Ridge PC, contains the new Sage Hill prep school plus passive open space area. In this report, the entire annexation area, including the foregoing `residual' area, is referred to as the "Newport Coast/Ridge" area. PROJECT OVERVIEW The Planning Commission is required to make recommendations to the City Council on the following: 1. General Plan Amendment 99 -3(C) — An amendment to: (1) add the Newport Coast/Ridge area to the General Plan with various residential, commercial, and open space designations consistent with existing County General Plan land use designations and with the land uses shown in the Newport Coast LCP and the Newport Ridge Planned Community Program; and (2) eliminate San Joaquin Hills Road easterly of Newport Coast Drive and eliminate Sand Canyon Road in its entirety from the text and the Master Plan of Streets and Highways map of the Circulation Element; (3) designate the bikeways in Newport Coast Drive and San Joaquin Hills Road as "Backbone Bikeways" on the Master Plan of Bikeways map of the Circulation Element. Newport Comt/Wdge Amendments September 21, 2000 Page 4 2. Zoning Amendment 902 — Amendment establishing: (1) PC Development Plan PC -52, consisting of the Newport Coast LCP for the Newport Coast area; (2) PC Development Plan PC -53, consisting of the Newport Ridge Planned Community Program for the Newport Ridge area; and (3) conventional OS -P and GEIF zoning for the residual area. These zoning districts will be established through the adoption of new Districting Maps Nos. 68 and 69 and will become effective upon the approval of the annexation by LAFCO. 3. Development Agreement No. 14 — A development agreement between the City and the Irvine Company that is generally consistent with the existing development agreement between the County and the Irvine Company. 4. Negative Declaration - Adoption of the attached Negative Declaration, finding that the project will not have a significant impact on the environment. (The ND covers the Bay Knolls GPA/prezoning as well as the present Newport CoasvRidge amendments. The Bay Knolls prezoning was approved earlier this year.) ANALYSIS Land Use As noted earlier in this report, the joint powers agreement will ensure that planning and development review responsibilities for the area remain with the County until The Irvine Company has developed all of their vested entitlement. Consistent with that provision, the present amendment package replicates the land use and zoning designations currently in effect under the County. Therefore, the changes to the City's General Plan and districting maps consist of the incorporation of text and maps that are consistent with the current PC/LCP documents (see the Exhibits attached to the draft resolution.) Residential areas within the Newport Coast will be designated Single Family Detached and commercial areas will be designated Retail and Service Commercial. Residential areas within the Newport Ridge Community Program area will be designated Single Family Attached and commercial areas will be designated Retail and Service Commercial. The residential land use designation represents the anticipated predominant dwelling unit type and is not intended to limit development to only that type. Land uses within the remainder of the area inland of the above two planned communities, referred to as the `residual area', will be designated Governmental, Educational, and Institutional Facilities for the Sage Hill School and Recreational and Environmental Open Space for the remaining area. The resolution recommending adoption of the above General Plan Amendment will concurrently rescind the previously- adopted and now outdated Downcoast Newport Beach — Land Use Plan, Appendix B of the Land Use Element (Resolution 88 -21 and Resolution 88 -22). Land Use and Population Statistics As shown in Exhibit GP -2, the existing table for " Downcoast Newport Beach" will be replaced by the following updated numbers derived from the PC/LCP documents: Newport Coa tMdge Amendments September 21, 2000 Page 5 ESTIMATED GROWTH FOR STATISTICAL DIVISION N Residential (in du's) Commercial (in sq.11.) Existing Gen. Plan Projected Existing Gen. Plan Projected I/l/87 Projection Growth I/l/87 Projection Growth Newport Coast LCP -0- 2,600 2,600 -0- 100,000* 100,000* Newport Ridge PC -0- 2,550 2,550 -0- 155,000 155,000 Residual Area -0- -0- -0- -0- ** ** TOTAL -0- 5,150 5,150 -0- 255,000 255,000 Population -0- 10,197 10,197 Special Provisions: * Does not include hotel and other transient accommodations. A maximum of 2,150 visitor - serving rooms /units are permitted with at least 350 rooms developed as a hotel ** Land uses in residual area consist of open space and private Sage Hill school. * ** Any conversion of the transient accommodations (except the 350 hotel units) to residential (Single Family Detached) may be permitted provided there is no net increase in average daily trips. Of the 2,150 Newport Coast visitor accommodations (see footnote in table), at least 350 must be hotel rooms, while the remainder may be individually owned (e.g. time shares). Conversion of up to 1800 of the visitor serving units to residential units is permitted provided there is no increase in average daily trips. Development Processing and PC Amendments The County will also handle development processing and amendments to the above PC/LCP documents (see Exhibit GP -2). Public Services Upon annexation of the Newport Coast/Ridge area, fire protection services will transfer from the Orange County Fire Authority to the Newport Beach Fire Department and police services will transfer from the Orange County Sheriff to the Newport Beach Police Department. The City's Plan of Service for the annexation area provides for the maintenance or improvement of existing levels of service for both fire and police protection. Other public services and facilities, such as administrative, recreation, and public works will remain unchanged or possibly improve because of the closer proximity of City offices and facilities to the two annexation areas than is now the case under County jurisdiction. Development Agreement As of this writing, the development agreement is still under preparation. It will be delivered to the Planning Commission as soon as it is completed. Newport CowVRidge Amendments September 21.2000 Page 6 CONCLUSIONS The Newport CoasVRidge area is within the City of Newport Beach's sphere of influence. Annexation of the area is logical and consistent with good planning because most of the access to the area is through Newport Beach and because municipal services, such as fire, police, recreation can best be provided by the City. Submitted by: Prepared by: PATRICIA L. TEMPLE LARRY N. LAWRENCE Planning Director Project Manager Attachments (to Resolution): GP -1 GP -2: GP -3: GP4: ZA -1: ZA -2: ZA -3: DA- I ND- I PH -1: JP -1: Addition of Newport Coast and Newport Ridge to Land Use Element Map LUE Text Amendment. Adoption of Newport Coast LCP Land Use Plan by Reference. Adoption of Newport Ridge Planned Community Program by Reference. Addition of Newport Coast - Newport Ridge Area to New Districting Maps. Adoption of Newport Coast LCP Implementing Actions Program by Reference Adoption of Newport Ridge Planned Community Program by Reference. Development Agreement. Negative Declaration and Response to Comments. History of Planning and Environmental Analysis. Draft Joint Powers Agreement. Newport CowVltidge Amendments September 21, 2000 Page 7 NEGATIVE DECLARATION AND RESPONSE TO COMMENTS NEGATIVE DECLARATION To: CITY OF NEWPORT BEACH 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3200 Office of Planning and Research xx 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange xx Public Services Division P.O. Box 238 Santa Ana, CA 92702 From: City of Newport Beach Planning Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (Orange County) Date received for filing at OPR/County Clerk Public Review Period: March 6 to April 6, 2000 Name of Project: Newport Coast/Ridge - Bay Knolls Annexation Project Location: Newport Coast/Ridge: SE boundary of City, South of San Joaquin Hills TC. Bay Knolls: NW boundary of City, from 22nd St. to Santa Isabel Ave. (see attached maps) Project Description: General plan amendments, prezonings, LCP amendment, sphere of influence changes, annexations, and detachments necessary to complete annexation of the above areas to the City (see maps attached at the end of this document). Finding: Pursuant to the provisions of City Council Policy K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is El attached ❑ on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision - maker(s) prior to final action on the proposed project. Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials, you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions or would like further information, please contact Larry Lawrence, project manager for the City, at (949) 661 -8175. Date Patricia L. Temple, Planning Director 19 F� CITY OF NEWPORT BEACH INITIAL STUDY AND ENVIRONMENTAL CHECKLIST Project Title: Lead Agency Name and Address: 3. Contact Person and Phone No.: 4. Project Location: (see maps at end of document) General Plan Amendments, Prezonings, and Annexations for Newport Coast/Ridge - Bay Knolls Annexation City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Larry Lawrence, Project Manager for City Lawrence Associates 949 - 661 -8175 Newport Coast/Ridge: Bay Knolls: SE boundary of City, S. of San Joaquin Hills TC. NW boundary of City, from 22nd St. to Santa Isabel Ave. 5. Project Sponsor's Name /Address: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 6. General Plan Designations: Newport Coast/Ridge: Various residential, com- mercial, and open space designations under Newport Coast LCP and County of Orange Gen. Plan Bay Knolls: Single family residential, under County of Orange and City of Costa Mesa General Plans 7. Zoning: Newport Coast/Ridge: Newport Coast LCP and Newport Ridge Planned Community Program, under County of Orange Bay Knolls: Single family residential under County of Orange and City of Costa Mesa Zoning Codes 8. Description of Project: General plan amendments, prezonings, sphere of influence changes, annexations, and detachments necessary to complete annexation of the Newport Coast/Ridge and Bay Knolls areas to the City (see maps attached at the end of this document). 9. Surrounding Land Uses And Setting (see maps at end of document): Project Site: Newport Coast/Ridge: developing residential, commercial, and open space planned communities o the west: City of Newport Beach residential areas and open space o the north San Joaquin Hills I ransportatlon Corridor and City of ine o the east: Crystal Cove State Park (unincorporated territory) o the south: Pacific Ocean Project Site: ay o s: eve ope smg a am► y residential neighborhoods o the west, north and City of Costa Mesa residential areas south: o the east: City of ewport Beach residential areas and open space 10. Other Public Agencies Whose Approval is Required (e.g., permits, financing approval, or participation agreement): Orange County Local Agency Formation Commission (LAFCO), County of Orange, City of Costa Mesa (for Bay Knolls annexation area), Irvine Ranch Water District (for Newport Coast/Ridge annexation area). 11. Existing Conditions: Public Services Public services, facilities, and utilities for the annexation areas are currently provided by the County of Orange, special districts, homeowner associations and, in the case of two small portions of Bay Knolls, by the City of Costa Mesa. Land Use And Development The Newport Coast area is administered by the County of Orange under the Newport Coast Local Coastal Program — Second Amendment (LCP). The Land Use Plan portion of the LCP designates General Plan land use categories, while the Implementing Actions Program portion provides zoning regulations in the form of the LCP's Planned Community District Regulations. Designated land uses include a variety of residential, commercial, golf course, recreational, and conservation uses. Newport CoffiMdgeBay Knolls Annexa [ion INITIAL STUDY Page 2 The Newport Ridge area is regulated under the Orange County General Plan and the Newport Ridge Planned Community — Planned Community Program. Designated land Uses include residential, village commercial and recreation. Both of the above areas are currently under development, with projected buildout of Newport Ridge in 2005 and Newport Coast in 2010. Portions of the Bay Knolls area are administered by the County of Orange and the City of Costa Mesa (see map at end of document). General Plan and Zoning designations under both of the above jurisdictions are single family residential. With the exception of a few vacant infill lots, the area is built out. 12. Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Geology /Soils ❑ Noise ❑ Agricultural Resources ❑ Hazards/Hazardous Materials ❑ Population/Housing ❑ Air Quality ❑ Hydrology/Water Quality ❑ Public Services ❑ Biological Resources ❑ Land Use/Planning ❑ Recreation ❑ Cultural Resources ❑ Mineral Resources ❑ Transportation/Traffic ❑ Utilities & Service Systems ❑ Mandatory Findings of Significance No potentially significant impacts were found. "No Impact' and "No Significant Impact' responses were given in all categories because the change in jurisdiction from the County of Orange or the City of Costa Mesa to the City of Newport Beach will not result in any environmental effect. For example, in the Newport Coast area, any impacts on air quality, biological resources, water quality, or other categories are a result of previously- approved land use and development plans which will not change as a result of the change in jurisdiction. (Such impacts have been analyzed in previous environmental impact reports available for inspection at the County of Orange.) 13. Determination. (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. El I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ Newport CoasMdgeBay Knolls Annexation INITIAL STUDY Page 3 I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ❑ Signature Larry Lawrence Printed Name Date Newport Cowt/Ridge/Bay Knolls Annexation INITIAL. STUDY Page 4 SECTIONS: A. ENVIRONMENTAL CHECKLIST B. EXPLANATION OF CHECKLIST RESPONSES A. ENVIRONMENTAL CHECKLIST The Environmental Checklist provides a preliminary analysis of the proposed project's potential for significant environmental impacts. Sources of information for all responses are specified immediately following the checklist. The Initial Study indicates that the project may result in significant environmental impacts but that those impacts will be reduced to a less- than - significant level through the implementation of mitigation measures identified in the Study. Potentially Significant Less than No Significant Unless Significant pact SOURCES' IMPACT CATEGORY Impact Mitigation Impact Incorporated See Source References at the end of this Checklist. 'NC/NR" refers to a Newport Coast and/or Newport Ridge source document, while "BK" refers to a Bay Knolls source document. 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ El NC /NR: 1 -7 scenic vista? BK: 1,2,5,6,7 b) Substantially damage scenic resources, ❑ ❑ ❑ El NC /NR: 1 -7 including, but not limited to, trees, rock BK: 1,2,5,6,7 outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ❑ ❑ ❑ El NC /NR: 1 -7 character or quality of the site and its BK: 1,2,5,6,7 surroundings? d) Create a new source of substantial light or ❑ ❑ ❑ El NC /NR: 1 -7 glare which would adversely affect day or BK: 1,2,5,6,7 nighttime views in the area? II. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, ❑ ❑ ❑ El NC /NR: 1 -7 or Farmland of Statewide Importance BK: 1,2,7 (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? Newport CoasuRidge/Bay Knolls Annexation INITIAL STUDY Page 5 IMPACT CATEGORY b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? III. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? vocenaany Potentially Significant Significant Unless Impact Mitigation Lessthan No Significant Impact Impact SOURCES' ' See Source References at the end of this Checklist. "NC /NR" refers to a Newport Coast and/or Newport Ridge source document, while "BK" refers to a Bay Knolls source document. ❑ ❑ ❑ 0 NC/NR: 1-7 BK: 1,2,7 ❑ ❑ ❑ 0 NC/NR: 1-7 BK: 1,2,7 ❑ ❑ ❑ 0 NC/NR: 2-6, 10,11,12, 13 BK: 2,5,6,10, 11 ❑ ❑ ❑ 0 NC/NR: 2-6. 10,11,12, 13 BK: 2,5,6,10, 11 ❑ ❑ ❑ 0 NC/NR: 2-6. 10,11,12, 13 BK: 2,5,6,10, 11 ❑ ❑ ❑ 0 NC/NR: 2-6, 10,11,12, 13 BK: 2,5,6,10, 11 ❑ ❑ ❑ 0 NC/NR: 2-6, 10,11,12, 13 BK: 2,5,6,10, 11 Newport CoasuRidgeBay Knolls Annexation INITIAL STUDY Page 6 IMPACT CATEGORY Potentially Significant Less than No Significant Unless Significant Impact SOURCES* Impact Mitigation Impact Incorporated _ any native resident or migratory fish or • See Source References at the end of this Checklist. "NC/NR" refers to wildlife species or with established native a Newport Coast and /or Newport Ridge source document, while resident or migratory wildlife corridors, or "BK" refers to a Bay Knolls source document. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either ❑ ❑ ❑ [a NC /NR: directly or through habitat modifications, on 2,3,4,12, any species identified as a candidate, 13 sensitive, or special status species in local or BK: 1,2 regional plans, policies, or regulations or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any ❑ ❑ ❑ [a NC /NR: riparian habitat or other sensitive natural 2,3,4,12, community identified in local or regional 13 plans, policies, regulations or by the BK: 1,2 California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on ❑ ❑ ❑ [a NC /NR: federally protected wetlands as defined by 2,3,4,12, Section 404 of the Clean Water Act 13 (including, but not limited to, marsh, vernal BK: 1,2 pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of ❑ ❑ ❑ [a NC /NR: any native resident or migratory fish or 2,3,4,12, wildlife species or with established native 13 resident or migratory wildlife corridors, or BK: 1,2 impeded the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ❑ ❑ ❑ [a NC /NR: protecting biological resources, such as a 2,3,4,12, tree preservation policy or ordinance? 13 BK: 1,2 f]l Conflict with the provisions of an adopted ❑ ❑ ❑ 0 NC /NR: Habitat Conservation Plan, Natural 2,3,4,12, Community Conservation Plan, or other 13 approved local, regional, or state habitat BK: 1,2 conservation plan? Newport ComMdge/Bay Knolls Annexation INITIAL STUDY Page 7 votentlany Potentially Significant Less than No Significant Unless Significant Impact SOURCES` IMPACT CATEGORY Impact Mitigation Impact Incorporated • See Source References at the end of this Checklist. "NC /NR" refers to a Newport Coast and /or Newport Ridge source document, while "BK" refers to a Bay Knolls source document. V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ❑ significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? ❑ ❑ I✓1 0 o FoF 1 ❑ ❑ ❑ 8 ❑ 8 L■J 0 0 0 ❑ 8 ❑ 8 ■ J NC /NR: 2, 3,4,12, 13 BK: 1,2 NC /NR: 2, 3,4,12, 13 BK: 1,2 NC /NR: 2, 3,4,12, 13 BK: 1,2 NC /NR: 2, 3,4,12, 13 BK: 1.2 NC /NR: 2,3,4,12, 13 BK: 1,2 NC /NR: 2,3,4,12, 13 BK: 1,2 NC /NR: 2,3,4,12, 13 BK: 1,2 NC /NR: 2,3,4,8,1 2,13 BK: 1,2,8 Newport CoastMdgeBay Knolls Annexation INITIAL STUDY Page 8 vocenuaoy Potentially Significant Less than No Significant Unless Significant pact SOURCES` IMPACT CATEGORY Impact Mitigation Impact See Source References at the end of this Checklist. "NC /NR" refers to a Newport Coast and/or Newport Ridge source document, while "BK" refers to a Bay Knolls source document. b) Result in substantial soil erosion or the loss ❑ ❑ ❑ 10 NC /NR: of topsoil? 2,3,4,8,1 2,13 BK: 1,2,8 c) Be located on a geologic unit or soil that is ❑ ❑ ❑ [a NC /NR: unstable, or that would become unstable as 2,3,4,8,1 a result of the project and potentially result 2,13 in on- or off -site landslide, lateral spreading, BK: 1,2,8 subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in ❑ ❑ ❑ D NC /NR: Table 18- 1 -B of the Uniform Building Code 2,3,4,8,1 (1994), creating substantial risks to life or 2.13 property? BK: 1,2, 8 e) Have soils incapable of adequately ❑ ❑ ❑ El n/a supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS & HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or ❑ ❑ ❑ El NC /NR: the environment through routine transport, 2,3,4,12, use, or disposal of hazardous materials? 13 BK: 1,2 b) Create a significant hazard to the public or ❑ ❑ ❑ El NC /NR: the environment through reasonably 2,3,4,12, foreseeable upset and accident conditions 13 involving the release of hazardous materials BK: 1,2 into the environment? c) Emit hazardous emissions or handle ❑ ❑ ❑ El NC /NR: hazardous or acutely hazardous materials, 2,3,4,12, substances, or waste within one - quarter mile 13 of an existing or proposed school? BK: 1,2 d) Be located on a site which is included on a ❑ ❑ ❑ El NC /NR: list of hazardous materials sites which 2,3,4,12, complied pursuant to Government Code 13 Section 65962.5 and, as a result, would it BK: 1,2 create a significant hazard to the public or the environment? Newport CoasURidgeBay Knolls Annexation INITIAL STUDY Page 9 Potentially Significant Less than Significant Unless Significant Impact SOURCES' IMPACT CATEGORY Impact Mitigation Impact P See Source References at the end of this Checklist. "NC /NR" refers to a Newport Coast and/or Newport Ridge source document, while "BK" refers to a Bay Knolls source document. e) For a project within an airport land use plan ❑ ❑ ❑ a NC /NR: or, where such a plan has not been adopted, 2,3,4,12, within two miles of a public airport or public 13 use airport, would the project result in a BK: 1,2 safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ❑ ❑ ❑ a ❑ ❑ ❑ a h) Expose people or structures to a significant ❑ ❑ ❑ a risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? n/a NC /NR: 2,3,4,12, 13 BK: 1,2 NC /NR: 2,3,4,12, 13 BK: 1,2 VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste ❑ ❑ ❑ a NC /NR: discharge requirements? 2,3,4,12, 13 BK: 1,2 b) Substantially deplete groundwater supplies ❑ ❑ ❑ a NC /NR: or interfere substantially with groundwater 2,3,4,12, recharge such that there would be a net 13 deficit in aquifer volume or a lowering of the BK: 1,2 local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage ❑ ❑ ❑ a NC /NR: pattern of the site or area, including through 2,3,4,12, the alteration of the course of a stream or 13 river, in a manner which would result in BK: 1,2 substantial erosion or siltation on- or off -site? Newport ComvRidgeBay Knolls Annexation INITIAL STUDY Page 10 Newport Coast/Wdge/Bay Knolls Annexation INITIAL STUDY Page 11 IMPACT CATEGORY Potentially Significant Impact roxenaauy Significant Unless Mitigation Incorporated Less than Significant Impact No pact SOURCES* • See Source References at the end of this Checklist. "NC /NR" refers to a Newport Coast and /or Newport Ridge source document, while BK" refers to a Bay Knolls source document. d) Substantially alter the existing drainage ❑ ❑ ❑ 0 NC /NR: pattern of the site or area, including through 2,3,4,12, the alteration of a course of a stream or river, 13 or substantially increase the rate or amount BK: 1,2 of surface runoff in a manner which would result in flooding on or off -site? e) Create or contribute runoff water which ❑ ❑ ❑ 0 NC /NR: would exceed the capacity of existing or 2,3,4,12, planned stormwater drainage systems or 13 provide substantial additional sources of BK: 1,2 polluted runoff? f) Otherwise substantially degrade water ❑ ❑ ❑ 0 NC /NR: quality? 2,3,4,12, 13 BK: 1,2 g) Place housing within a 100 -year flood hazard ❑ ❑ ❑ 0 NC /NR: area as mapped on a federal Flood Hazard 2,3,4,12, Boundary or Flood Insurance Rate Map or 13 other flood hazard delineation map? BK: 1,2 h) Place within a 100 -year flood hazard area ❑ ❑ ❑ 0 NC /NR: structures which would impede or redirect 2,3,4,12, flood flows? 13 BK: 1,2 i) Expose people or structures to a significant ❑ ❑ ❑ 0 NC /NR: risk of loss, injury or death involving flooding, 2,3,4,12, including flooding as a result of the failure of 13 a levee or dam? BK: 1.2 j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ 0 NC /NR: 2,3,4,12, 13 BK: 1,2 IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ❑ ❑ ❑ 0 NC /NR: 2,3,4,12, 13 BK: 1,2 Newport Coast/Wdge/Bay Knolls Annexation INITIAL STUDY Page 11 IMPACT CATEGORY b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Potentially Significant Less than No Significant Unless Significant Impact SOURCES* Impact Mitigation Impact * See Source References at the end of this Checklist. "NC/NR" refers to a Newport Coast and/or Newport Ridge source document, while "BK" refers to a Bay Knolls source document. ❑ ❑ I✓1 ❑ NC /NR: 2- 7,12,13 BK: 1,25,6,7 c) Conflict with any applicable habitat ❑ ❑ ❑ 0 NC /NR: conservation plan or natural community 2,3,4,12, conservation plan? 13 BK: 1,2 X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known ❑ ❑ ❑ 0 NC /NR: mineral resource that would be of value to 2,3,4,12, the region and the residents of the state? 13 BK: 1,2 b) Result in the loss of availability of a locally- ❑ ❑ ❑ 0 NC /NR: important mineral resource recovery site 2,3,4,12, delineated on a local general plan, specific 13 plan, or other land use plan? BK: 1,2 XI. NOISE. Would the project result in: a) Exposure of persons to or generation of ❑ ❑ ❑ 0 NC /NR: 2,3,4, noise levels in excess of standards 5,6,9,12, established in the local general plan or noise 13 ordinance, or applicable standards of other BK: 1,2,5,6,9 agencies? b) Exposure of persons to or generation of ❑ ❑ ❑ 0 NC /NR: 2,3,4, excessive groundborne vibration or 5,6,9,12, groundborne noise levels? 13 BK: 1,25,6,9 c) A substantial permanent increase in ambient ❑ ❑ ❑ 0 NC /NR: 2,3,4, noise levels in the project vicinity above 5,6,12,13 levels existing without the project? BK: 1,2,5,6 d) A substantial temporary or periodic increase ❑ ❑ ❑ 0 NC /NR: 2,3,4, in ambient noise levels in the project vicinity 5,6,12,13 above levels existing without the project? BK: 1,25,6 Newport Coast/Ridge/Bay Knolls Annexation INITIAL STUDY Page 12 IMPACT CATEGORY e) For a project located within an airport land use land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Less than No Significant Unless Significant Impact SOURCES' Impact Mitigation Impact ' See Source References at the end of this Checklist. "NC/NR" refers to a Newport Coast and/or Newport Ridge source document, while "BK" refers to a Bay Knolls source document. ❑ ❑ ❑ El NC /NR:2,3,4, 5,6,12,13 BK: 1,2,5,6 For a project within the vicinity of a private ❑ ❑ ❑ El n/a airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an ❑ ❑ ❑ El NC /NR: 2,3,4, area, either directly (for example, by 5,6,12,13 proposing new homes and businesses) or BK: 1,2,5,6 indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing ❑ ❑ ❑ El NC /NR: 2,3,4, housing, necessitating the construction of 5,6,12,13 replacement housing elsewhere? BK: 1,2,5,6 c) Displace substantial numbers of people, ❑ ❑ ❑ El NC /NR: 2,3,4, necessitating the construction of 5,6,12,13 replacement housing elsewhere? BK: 1,2,5,6 XIII. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: Fire protection? ❑ ❑ El ❑ NC /NR: 2,3,4, 5,6,12,13 BK: 1,2,5,6 Police protection? ❑ ❑ El ❑ NC /NR: 2,3,4, 5,6,12,13 BK: 1,2,5,6 Newport CoastMdge/Bay Knolls Annexation INITIAL STUDY Page 13 rotentlany Potentially Significant Less than No Significant Unless Significant Impact SOURCES' IMPACT CATEGORY Impact Mitigation Impact ' See Source References at the end of this Checklist. "NC /NR" refers to a Newport Coast and/or Newport Ridge source document, while "BK" refers to a Bay Knolls source document. Parks? ❑ ❑ ❑ I✓I NC /NR:2,3,4, 5,6,12,13 BK: 1,2,5,6 Schools? ❑ ❑ ❑ I✓I NC /NR:2,3,4, 5,6,12,13 BK: 1,25,6 Other public facilities? ❑ ❑ I✓I ❑ NC /NR: 2,3,4, 5,6,12,13 BK: 1,25,6 XIV. RECREATION a) Would the project increase the use of ❑ ❑ ❑ I✓I NC /NR: 2,3,4, existing neighborhood and regional parks or 5,6,12,13 other recreational facilities such that BK: 1,2,5,6 substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational ❑ ❑ ❑ El NC /NR: 2,3,4, facilities or require the construction of or 5,6,12,13 expansion of recreational facilities which BK: 1,2,5,6 might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC Would the project: a) Cause an increase in traffic which is ❑ ❑ ❑ El NC /NR: 2,3,4, substantial in relation to the existing traffic 5,6,12,13 load and capacity of the street system (i.e., BK: 1,2,5,6 result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed either individually or cumulatively, a ❑ ❑ ❑ I?I NC /NR: 2,3,4, level of service standard established by the 5,6,12,13 county congestion management agency for BK: 1,2,5,6 designated roads or highways? c) Result in a change in air traffic patterns, ❑ ❑ ❑ I✓1 NC /NR: 2,3,4, including either an increase in traffic levels or 5,6,12,13 a change in location that results in BK: 1,2,5,6 substantial safety risks? Newport CoffiMdge/Bay Knolls Annexation INITIAL STUDY Page 14 IMPACT CATEGORY d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative trans- portation (e.g., bus turnouts, bike racks)? XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? rviennauy Potentially Significant Less than No Significant Unless Significant Impact SOURCES* Impact Mitigation Impact • See Source References at the end of this Checklist. "NC /NR" refers to a Newport Coast and /or Newport Ridge source document, while "Br refers to a Bay Knolls source document. ❑ ❑ ❑ [a NC /NR:2,3,4, 5,6,12,13 BK: 1,2,5,6 ❑ ❑ ❑ [a NC /NR:2,3,4, 5,6,12,13 BK: 1,2,5,6 ❑ ❑ ❑ [a NC /NR:2,3,4, 5,6,12,13 BK: 1,2,5,6 ❑ ❑ ❑ [a NC /NR:2,3,4, 5,6,12,13 BK: 1,2,5,6 ❑ ❑ ❑ [a NC /NR:2,3,4, 5,6,12,13 BK: 1,2,5,6 ❑ ❑ ❑ [a NC /NR:2,3,4, 5,6,12,13 BK: 1,2,5,6 ❑ ❑ ❑ NC /NR:2,3,4, 5,6,12,13 BK: 1,2,5,6 ❑ ❑ ❑ 0 NC /NR:2,3,4, 5,6,12,13 BK: 1,2,5,6 ❑ ❑ ❑ 0 NC /NR:2,3,4, 5,6,12,13 BK: 1,2,5,6 Newport CoastMdgeBay Knolls Annexation INITIAL STUDY Page 15 IMPACT CATEGORY Potentially Potentially Significant Significant Unless Impact Mitigation Less than No Significant Impact SOURCES' Impact ' See Source References at the end of this Checklist. "NC /NR" refers to a Newport Coast and/or Newport Ridge source document, while "BIC refers to a Bay Knolls source document. f) Be served by a landfill with sufficient ❑ ❑ ❑ 0 NC /NR: 2,3,4, permitted capacity to accommodate the 5,6,12,13 project's solid waste disposal needs? BK: 1,2,5,6 g) Comply with federal, state, and local statutes ❑ ❑ ❑ 0 NC /NR: 2,3,4, and regulation related to solid waste? 5,6,12,13 BK: 1,2,5,6 XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to ❑ ❑ ❑ 0 1 -13 degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? b) Does the project have impacts that are ❑ ❑ ❑ 0 1 -13 individually limited, but cumulatively con- siderable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects ❑ ❑ ❑ 0 1 -13 which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration (Section 15063(c)(3)(D)). For the present annexation project, no significant impacts have been identified. Therefore, all earlier analyses are listed under Source References, below. Newport CoastMdgeBay Knolls Annexation INJITIAL STUDY Page 16 XIX. SOURCE REFERENCES. Documents listed below are available at the offices of the City of Newport Beach, Planning Department, 3300 Newport Boulevard, Newport Beach, California 92660 (Note: Reference No. 1 denotes a physical inspection and therefore is not in the form of a written document). 1. Site tours of annexation areas by Lary Lawrence, project manager for City of Newport. 2. Report to Newport Beach City Council re Initiation of Annexation Proceedings, by David Kiff, Deputy City Manager, October 25, 1999. 3. Newport Coast Local Coastal Program, Second Amendment, County of Orange, Dec. 3, 1996. 4. Newport Ridge Planned Community Program, County of Orange, March 1998 5. Final Program EIR — City of Newport Beach General Plan. 6. General Plan, including all Elements, City of Newport Beach. 7. Zoning Code, Title 20 of the Newport Beach Municipal Code. 8. City Excavation and Grading Code, Newport Beach Municipal Code. 9. Community Noise Ordinance, Chapter 10.28 of the Newport Beach Municipal Code. 10. Air Quality Management Plan, South Coast Air Quality Management District, 1997. 11. Air Quality Management Plan EIR, South Coast Air Quality Management District, 1997. 12. DEIR No. 569, Newport Coast Phase IV -3 and IV -4, County of Orange, May 1998. 13. FEIR No. 517, San Joaquin Hills Planned Community (Newport Ridge), County of Orange, February 1991. B. EXPLANATION OF CHECKLIST RESPONSES: In all cases, the selection of the Checklist response was the product of the data sources listed above, followed by careful consideration of potential impacts from the project under the definitions and procedures of the California Environmental Quality Act (CEQA) Statute and Guidelines. No potentially significant impacts were found. "No Impact' and "No Significant Impact' responses were given in all categories because the change in jurisdiction from the County of Orange or the City of Costa Mesa to the City of Newport Beach will not result in any environmental effect. In the Newport CoastlRidge area, any impacts on air quality, biological resources, water quality, or other categories are a result of previously- approved land use and development plans which will not change as a result of the change in jurisdiction. (Such impacts have been analyzed in previous environmental impact reports available for inspection at the County of Orange.) In the Bay Knolls area, virtually all land is developed and there will be no significant environmental impacts from the change In jurisdiction. The following sections contain further explanations of responses in the areas of Land Use and Planning and Public Services: Newport Coast/RidgeMay Knolls Annexation INITIAL, STUDY Page 17 • LAND USE AND PLANNING: The City of Newport Beach General Plan and Zoning Code/Map must be amended to provide land use designations and zoning regulations for the two annexation areas, as follows: 1. For the Newport Ridge area, the General Plan must be amended to add the area to the Plan, and the Zoning Code/Map amended to designate the Newport Ridge Planned Community Program as the zoning document for the area. 2. For the Newport Coast area, the Land Use Plan from the Newport Coast Local Coastal Program, Second Amendment, must be designated as the land use policy document for the area and the LCP's Implementing Actions Program must be designated as the zoning document for the area. 3. For the Bay Knolls area, the area must be added to the General Plan and Zoning Map and designated as Single Family Residential. The above actions have been incorporated as part of the overall annexation description for this project (see page 1 of this Initial Study). Therefore, the current land use and zoning regulations previously- adopted under the County will remain unchanged. Thus, in terms of land use and planning, the net result of the annexation will be a less than significant impact. • PUBLIC SERVICES: For all annexation areas, fire protection services will transfer from the Orange County Fire Authority to the Newport Beach Fire and Marine Department and police services will transfer from the Orange County Sheriff to the Newport Beach Police Department. The City's Plans of Service for the two annexation areas provides for the maintenance or improvement of existing levels of service for both fire and police protection. 2. Other public services and facilities, such as administrative, recreation, code enforcement, planning, public works and others will remain unchanged or possibly improve because of the closer proximity of City offices and facilities to the two annexation areas than is now the case under County jurisdiction. From the above information, the net effect on public services from the annexation will be a less than significant impact. Newport Coasv?idgeBay }molls Annexation INITIAL STUDY Page 18 MAPS OF ANNEXATION AREAS f, 11 OX -1 11 . ZrOii�� t' Newport CoasMdgeBay Knolls Annexation INITIAL STUDY Page 19 I d Proposed Annexation Area Detach from Costa Mesa, Annex to Newport Beach City of Newport Beach Boundary N i W ��E S Bay Knolls Newport CoastMdgeBay Knolls Annexation INITIAL STUDY Page 20 RESPONSE TO COMMENTS RECEIVED ON INITIAL STUDY FOR NEWPORT COAST /RIDGE /BAY KNOLLS ANNEXATION Comments from Local Agencv Formation Commission in Letter Dated April 17, 2000: Comment: "1. The project description should clearly indicate that a change in the 'Sphere of Influence,' detachment of property from the City of Costa Mesa and annexation to Newport Beach of the unincorporated portion known as Bay Knolls is part of the project as a whole. It should also discuss the timing of annexation in relation to the pre- zoning and general plan amendment processes." Response: In response, the project description is amended to read as follows: "The project consists of general plan amendments, prezonings, sphere of influence changes, annexations, and detachments necessary to complete annexation of the Newport Coast/Ridge and Bay Knolls areas to the City (see maps attached at the end of this document). "The Bay Knolls area encompasses 55 acres and contains 190 single family lots, almost all of which are developed. Twenty five of the Bay Knolls lots are presently within the City of Costa Mesa. These will be detached from that City and made part of Newport Beach if the annexation is approved. At the same time, the entire Bay Knolls area will be transferred from the City of Costa Mesa's sphere of influence to that of the City of Newport Beach. "The Newport Coast and Newport Ridge Planned Communities are master - planned developments presently under construction on the hilly terrain southeast of the present City boundary. The Newport Coast PC occupies the local Coastal Zone portion of the annexation area, while the Newport Ridge PC is adjacent to Newport Coast on the north. The annexation area also includes the beach portion (but not the inland portion) of Crystal Cove State Park. There is also substantial open space adjacent to Newport Ridge, including the San Joaquin Reservoir west of Newport Ridge and other hillside open space east of the Planned Community. In addition, the private Sage Hills School is presently under construction near the San Joaquin Corridor — Newport Coast Drive interchange. The entire annexation area contains 5441 acres. "Upon buildout, sometime before the year 2010, the Newport Coast Planned Community will contain a maximum of 2600 dwelling units and 2150 resort/hotel units, while Newport Ridge will contain up to 2550 units. There will also be a total of approximately 250,000 square feet of retail commercial development in the two planned communities. The entire annexation area is presently within the City of Newport Beach's sphere of influence. "Prior to review of the Bay Knolls annexation by the Local Agency Formation Commission, the City of Newport Beach intends to process both a general plan amendment and a zoning amendment to add that area to its General Plan with a designation of 'Single Family Detached', and to its zoning districting maps as 'R-1-B-5'. "Prior to review of the Newport Coast - Newport Ridge annexation by the Local Agency Formation Commission, the City intends to adopt the County of Orange's general plan, zoning, and local coastal program documents and designations for the area, and to execute a joint powers agreement with the County providing for continued County control over the processing of development plans and entitlements within that area." Comment: "2. The Land Use & Planning Section of the 'Explanation of Checklist Responses' should adequately address the proposed annexation and the change in land use jurisdiction from the City of Costa Mesa to the City of Newport Beach (Bay Knolls) resulting from detachment and annexation." Response: The "Land Use and Planning" section is amended to read as follows: "The City of Newport Beach General Plan and Zoning Code and Districting Maps must be amended to provide land use designations and zoning regulations for the two annexation areas, as follows: "1. Newport Ridge. The General Plan must be amended to add the area to the Plan, and the Zoning Code /Map amended to designate the Newport Ridge Planned Community Program as the zoning document for the area. "2. Newport Coast. The Land Use Plan from the Newport Coast Local Coastal Program, Second Amendment, must be designated as the land use policy document for the area and the LCP's Implementing Actions Program must be designated as the zoning document for the area. "3. Bav Knolls. "The area must be added to the General Plan and Zoning Map and designated as Single Family Residential. In addition, because the Bay Knolls area has been largely built out for some time, it is desirable to retain the permitted uses and development standards currently in effect under the County of Orange and the City of Costa Mesa. However, the Newport Beach Zoning Code's R -1 classification does not match the other two jurisdictions' single family standards. Therefore, a new overlay district, the 'B -5' overlay, will be created. This district provides the following standards: Newport Com'RidgeBay knolls Annexation RESPONSE TO COMbfNTS Page 2 R -1 -B -5 District Minimum Lot Area (sq.ft.) 7,200 Minimum Lot Width (ft.) n/a Lot Length (ft. ) n/a Minimum Setbacks: Front Yard (ft.) 20 Rear Yard (ft. ) 20 Side Yard (ft. ) 5 Maximum Coverage 60% Maximum Bldg. Height 35 ft. — max. 2 stories "The above standards constitute a melding of the existing County of Orange and City of Costa Mesa R -1 standards currently governing the area. In cases where there are discrepancies between the two, a judgment was made as to the most reasonable standard, based on the development characteristics of the built -out area. Thus, the County minimum lot size of 7200 square feet was used instead of Costa Mesa's 6000 square feet because a review of area maps shows that all of the Costa Mesa lots meet the higher County standard. However, Costa Mesa's rear yard setback of 20 feet for two -story dwellings was used instead of the County's 25 feet because: (1) 20 feet still provides a reasonable rear yard setback, and (2) many of the Costa Mesa lots may already be developed to the lesser standard. (In Costa Mesa, one -story dwellings are allowed a reduced rear setback, to a minimum of ten feet. If any one -story dwellings on the 25 lots to be detached from Costa Mesa have such a reduced setback, they will be considered nonconforming structures under Newport Beach's Zoning Code. Nonconforming structures are allowed to remain and can be altered within the limitations of Zoning Code Chapter 20.62 (Nonconforming Structures and Uses).) "The above actions have been incorporated into the overall description for the project (see page 1 of this Initial Study). Thus, the current land use and zoning regulations previously- adopted under the County and the City of Costa Mesa will remain virtually unchanged. Therefore, in terms of land use and planning, the net result of the annexation will be a less -than- significant impact." Comment: "3. In addition, a Utilities and Service Systems Section should be included in the 'Explanation of Checklist Responses' that adequately addresses any changes or impacts to public services and facilities such as water and sewage services resulting from detachment and annexation (Bay Knolls), and annexation (Newport Beach Coast/Newport Beach Ridge) including the adequacy and capacity of existing /future service levels and public facilities to serve the project territories." Response: A new section is added to the "Explanation of Checklist Responses ", entitled "Utilities and Service Systems ", to read as follows: Newpon CoasURidgeBay Knolls Annexation RESPONSE TO COMMENTS Page 3 "1. Newport Coast — Newport Ridge. Water, sewage, drainage, and solid waste systems are provided for in development plans for the annexation area and are being constructed prior to or concurrently with building development. Provision has also been made for extension of applicable utility services to the Crystal Cove State Park portion of the annexation area. Detailed descriptions of utility system impacts and mitigation measures are contained in the series of environmental impact reports prepared for development of the area, such as DEIR No. 569 (Newport Coast Phase IV -3 and IV-4) as described in this Initial Study under 'Source References'. Water facilities and service are provided by the Irvine Ranch Water District (IRWD). Sewage facilities and service are provided by IRWD and Orange County Sanitation District No. 5. These facilities will either be assumed by the City of Newport Beach upon annexation or remain with the current providers by agreement. In either case, there will be no impact on water, sewer, wastewater treatment, solid waste disposal, or other utility systems as a result of the annexation, and service will continue uninterrupted. "2. Bay Knolls. Utility systems are already in place for this built -out area. Water facilities and service are provided by the Mesa Consolidated Water District and the Irvine Ranch Water District (IRWD). Sewage facilities and service are provided by the Costa Mesa Sanitation District. It is intended that these facilities and services remain with the current providers after annexation. Thus, there will be no impact on water, sewer, wastewater treatment, solid waste disposal, or other utility systems as a result of the annexation, and service will continue uninterrupted. Newport CoastMdgeBay Knolls Annexation RESPONSE TO COMMENTS Page 4 ATTACHMENT 5: SEPTEMBER 219 2000 PLANNING COMMISSION MINUTES CITY OF NEWPORT BEACH Planning Commission Minutes September 21, 2000 Regular Meeting - 7:00 p.m. Commissioners McDaniel, Kiser, Agajanian, Selich, Gifford, Kranzley and Tucker: Commissioner Gifford was excused, STAFF PRESENT: Sharon Z. Wood, Assistant City Manager Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston, Transportation/Development Services Manager Genia Garcia, Associate Planner James Campbell, Senior Planner Patrick Alford, Senior Planner Ginger Varin, Planning Commission Executive Secretary Minutes of September 7, 2000 : Motion was made by Commissioner Gifford and voted on to approve, as amended, the minutes of September 7, 2000. Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford, Kranzley, Tucker Noes: None Abstain: None Absent: None Public Comments: None Posting of the Agenda: The Planning Commission Agenda was posted on Friday, September 15, 2000. INDEX Minutes Approved Public Comments Posting SUBJECT: Natural Nails (Pam Ward, applicant) 615 East Balboa Avenue . Use Permit No. 3682 Request to approve a waiver of the off -street parking requirements for a personal service nail salon use on a property located in the SP -6 (RSC) District. The request is a waiver of six (6) parking spaces. Ms. Garcia, Associate Planner presented slides on the proposed application noting the following: . 1,723 square footage of commercial use on bottom floor. 3 residential dwelling units above the commercial uses. Nail salon, as corner tenant will occupy 720 square feet. . 22 parking spaces required for total use. 16 parking spaces provided on site leaving a 6 -space deficit. . Enclosed parking, both residential and commercial, with garage doors. Several Municipal Parking lots located near the subject property. Public comment was opened. Pam Warden, agent representing the commercial property, noted that they understand and agree to the findings and conditions in the staff report. She noted that they are allotting extra parking resulting from vacancies for this tenant. However, when those vacancies are filled, there will be no extra parking allowed for the salon. At Commission inquiry, she answered that there are six extra spaces available for the nail salon and that there is a mixed use of both residential and commercial in the garage parking. Each of the commercial uses are allowed two double tandems and the residential uses are allowed a single tandem. Ms. Garcia noted that it appears that there is a vacancy in one of the upper residential units and also a vacancy in one of the commercial units. However, the approval of the waiver is based on full occupancy. Chairperson Selich noted that at full occupancy there is a deficiency of six spaces. Marcia Dossey, Asset Manager for the property, noted that there is a deficiency of six spaces. She noted that they take great care on the tenant mix for the on -going use of residents and commercial uses. This property has been remodeled both inside and out. Commissioner Kranzley asked about the garage doors on the tandem spaces for commercial use that are to remain open during the day. Ms. Dossey answered that the garage doors on this particular unit share spaces with the residential uses. The doors are in place because of the residential security issue at Item No. 1 UP No. 3682 Denied night. She noted that it is posted that the garage doors are to remain open during the day per Municipal Code. Public comment was closed. Commissioner Gifford noted that this original project when approved was given the benefit of tandem parking. The garage doors were installed since the building was built. The garage doors have been closed during the day. It would be appropriate to deal with tenants who could live within the parking that has been provided for this building. Commissioner McDaniel asked if a donut shop was in that same place, would it require less parking? He was answered that a retail usage is based on 1 per 250. Chairperson Selich asked how there was tandem parking in a commercial use. He was answered that the project was approved by a Use Permit and that it was part of the approval. Ms. Garcia, referencing an exhibit, explained the commercial and residential parking that is provided on site. Commissioner Gifford noted that she was on the Commission when this building was approved and that considerable benefit was given to it. There is ample opportunity to provide the parking for the nail salon and to work with the empty units that are there to find tenants that could live within the parking provided by the building. Motion was made to deny the waiver. Chairperson Selich stated that the motion for denial was based on the fact that this project was given substantial consideration for parking benefits in the use permit approval and that there are no sufficient grounds to expand that further by providing this waiver. Commissioner Tucker stated that he would not support the motion. He stated that there is a lot of public parking nearby and this is a good service use that is more local serving than a lot of the uses in the area. Commissioner Kranzley stated his support of the motion. Commissioner Agajanian stated his support of the motion adding that the parking spaces are oriented towards visitors. If we start allowing commercial uses to encroach upon the visitors' use of the spaces at critical times, it detracts. I hate to set some kind of precedent that lets everybody to know that whenever they happen to be located in the area of public parking that might be sufficient justification to renege on their own parking requirements on site. Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford, Kranzley Noes: Tucker Absent: None EXHIBIT "B" FINDINGS FOR DENIAL OF USE PERMIT NO. 3682 Findings: 1. The approval of Use Permit No. 3682 will, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: Adequate parking is not provided on -site for the proposed use. The municipal parking lots are filled mainly by beach users and tourists in the area, particularly on weekends when the nail salon is open, and therefore, will not provide the additional parking spaces required for the use. sss SUBJECT: Santa Ana Heights Equestrian Park (County of Orange, applicant) 2202 Mesa Drive Use Permit No. 3680 Acceptance of a Negative Declaration Request to establish a park providing equestrian recreational opportunities for the public and nearby residents of Santa Ana Heights, and restoring the area known as "the mesa," which overlooks the back bay that has been damaged by equestrian activities, with native vegetation. Ms. Garcia noted that a packet containing additional response to comments had been distributed this evening. These additional mitigation measures can be added in response to the California Regional Water Quality Control Board comments. They are more specific requirements of the existing mitigation measures incorporated currently in the Negative Declaration. She then presented a visual presentation noting the following: Proposed Santa Ana Heights Equestrian Park is located in the Santa Ana Heights unincorporated area, portions of which are in the City. Area is basically comprised of rural, equestrian, large lots. Area is County owned and maintained. Park is proposed for day use with no lighting required. No structures on site. No boarding facilities. No employees. Item No. 2 UP No. 3680 Acceptance of a Negative Declaration Approved Access to the site will be from the County Regional Trail. • • Minor grading on site is proposed to create the riding and lunging areas. • The Mesa is currently owned by the County and has no improvements on it. • The County will do re- vegetation of native plants on the Mesa. • Nearby private properties and golf course were exhibited. • Parking area at the Interpretive Center is not paved. At Commission inquiry, staff answered that the facility belongs to the County and there will be no liability on the City's part with approval of the project. Ms. Garcia noted that this facility is a park, the County will be maintaining it. It will have to go through Coastal Commission review. The adjacent property owner had noted his concern that a telephone is placed out at the Interpretive Center for emergency use. Public notice of this project was given to property owners within a 300 -foot radius. Fencing will be in place while the re- vegetation is in process on the Mesa. Ms. Temple added that a communication was received from the Planning and Development Services Department of the County of Orange on comments on the Negative Declaration. Staff has reviewed these comments. They do not identify any new impacts not identified in the initial study and do not request any additional mitigation measures. However, they are suggesting some revisions to the language of the proposed mitigation measures to make them more precise and detailed. These can be incorporated and adopted as part of the Negative Declaration without re- circulation since the standards for re- circulation are not present. Public comment was opened. Mark Esslinger, Project Planner for Santa Ana Heights Redevelopment Project Area noted that he looks forward to working with City staff. He clarified: • Corral or holding pen rather than stalls. • No animals are to be left over night or boarded. • We will have to obtain a permit from the Orange County Flood Control District to ensure that their concerns are satisfied with regard to minimizing the impacts of runoff. At Commission inquiry he noted: This is a small -scale limited neighborhood facility. A Manure Management Plan will be provided to the City. There will be a sprinkler system in place to control dust. A firm experienced in designing equestrian facilities will be hired. That plan will then be submitted to the City for approval. Minimal landscape if required by the City will include any drought resistant trees. Residential uses have access to this trail through Mesa Drive that connects to the Back Bay trail that leads to the project site and equestrian bridge. This facility can accommodate a small number of horses. Parking design at Interpretive Center will not allow horse trailers. No formal organized events will take place at this site. He agreed to add a condition that a Special Event Use Permit shall be required from the City for any event at the site. Access to the site is to be from the existing Santa Ana Heights Regional Trail. Mitigation measures recommended by the Water Quality Control Board are acceptable to the County. Park Rangers, Code Enforcement officers and Sheriff Deputies will provide public safety. No police calls were made to that general area Purpose of the rings will be for the exercising and training of the horses. Mr. Jeff Dickman of the County of Orange Harbors, Beaches and Parks noted that the Mesa area will be re- vegetated and will be fenced off during that period. The trail use will be next to the mesa. The horses will be prohibited on the Mesa because it will be a plant habitat Hollie Jarvis, Mesa Drive resident made herself available for questions by the Planning Commission. Public comment was closed. Motion was made by Commissioner Tucker to approve Use Permit No. 3680 and Acceptance of a Negative Declaration as amended by incorporating the changes in the letters submitted by the County and the Water Quality Control Board and addition of dust control in Mitigation Measure 3 as well as the addition of the requirement for a Special Event Use Permit. Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford, Kranzley, Tucker Noes: None Absent: None EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3680 Mitigated Negative Declaration A. Mitigated Negative Declaration: Findings 1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The contents of the environmental document have been considered in the various decisions on this project. On the basis of the analysis set forth in the Initial Study and Mitigated Negative Declaration, including the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. 3. There are no long -term environmental goals that would be compromised by the project. 4. No cumulative impacts are anticipated in connection with this or other projects. 5. There are no known substantial adverse affects on human beings that would be caused by the proposed project. Mitigation Measures: 1. During construction activities, the applicant shall ensure that the project will comply with SCAQMD Rule 402 (Nuisance), to reduce odors from construction activities. 2. DURING CONSTRUCTION ACTIVITIES, THE APPLICANT SHALL ENSURE THAT THE PROJECT WILL COMPLY WITH SCAQMD RULE 402 (NUISANCE), TO REDUCE ODORS FROM CONSTRUCTION ACTIVITIES. DURING CONSTRUCTION ACTIVITIES, THE APPLICANT SHALL ENSURE THAT THE FOLLOWING MEASURES ARE COMPLIED WITH TO REDUCE SHORT -TERM (CONSTRUCTION) AIR QUALITY IMPACTS ASSOCIATED WITH THE PROJECT: A) CONTROLLING FUGITIVE DUST BY REGULAR WATERING, OR OTHER DUST PALLIATIVE MEASURES TO MEET SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) RULE 403 FUGITIVE DUST); B) MAINTAINING EQUIPMENT ENGINES IN PROPER TUNE; AND C) PHASING AND SCHEDULING CONSTRUCTION ACTIVITIES TO MINIMIZE PROJECT - RELATED EMISSIONS. A siltation, dust, and debris control plan shall be submitted and be subject to approval by the Building Department. The plan shall be a complete plan for dust control and temporary and permanent facilities to minimize any potential impacts from silt, debris, and other water pollutants. (In particular, the plan shall address the manner in which manure and other debris will be removed.) A copy of the plan shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 4. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 5. The landscape plan shall include a maintenance program, which controls the use of fertilizers and pesticides. 6. The project shall incorporate all appropriate BMP's pursuant to the NPDES requirements. These BMP's shall be subject to the approval of the Public Works Department. 7. Construction activities shall be limited to the hours of 7:00 a.m. and 6:30 p.m. Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday; construction activities are prohibited on Sunday or any federal holiday. 8. Construction equipment shall not be stored within any streambed. Fueling, lubrication, and maintenance equipment shall not be located within any streams or areas where contaminants could be washed into a water body. 9. No waste material shall be discharged to any drainage areas, channels or streams. Spoil sites shall not be located within any streams or areas where spoil material could be washed into a water body. 10. The applicant shall utilize a variety of special BMPs to mitigate water quality impacts. These BMPs shall be incorporated into a Manure Management Plan to the satisfaction of the City of Newport Beach. Such BMPs shall include, but not be limited to, selections from the BMPs listed in the Pierce County, Washington, and Santa Monica Bay Restoration project Web Sites (see attached), which are summarized below: • Covering the ground with vegetation, mulch sawdust, or other absorbent material; • Planting vegetation on the channel bank to prevent erosion; • Using vegetated biofilters; • Using grassy or vegetated swales to filter runoff before it enters the channel; • Using fencing to limit how close animals can get to the channel; • Shoveling up manure, rather than hosing it down; • Locating manure storage areas where storm runoff will not wash nutrients into the channel; • Covering and providing proper containment (berms), around manure storage areas; • Storing manure in fly -tight containers with lids or other equivalent methods; • Using catch basin inserts i.e., Water Quality Inlets (S 16, in the DAMP); Facility design considerations include depicting the location and orientation of the riding arena and specifying the location(s) where temporary boarding of horses would occur, such that impacts of manure would be minimized. For example: • Locate temporary stables such that runoff is directed away from the channel; • Provide minimum setbacks for temporary stables; • Design the project grading to maximize filtration and infiltration of runoff before it reaches the channel (maybe using vegetated swales); • Install gutters or diversion terraces to divert runoff away from areas where manure build -up is anticipated. Some of the above BMPs, as well as others, may involve facility design considerations, which could impact the layout and configuration shown on the approved Site Plan. It may therefore be appropriates to consider the need for any revisions to the project Site Plan before project approval is considered. It also appears that the Condition SC 8 -4 should be modified to clarify that all structural and post - construction nonstructural BMPs selected for this project will be identified and described in detail in a WQMP that will be required to be prepared pursuant to the provisions of the County DAMP. B. Use Permit No. 3680: Findings: The Land Use Element of the General Plan and Local Coastal Program Land Use Plan designate the site for "Single Family Detached" residential use and an equestrian park is permitted within this designation. 2. The approval of Use Permit No. 3680 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and further, the use is consistent with the legislative intent of Title 20 of this Code. Also, the waiver of parking will not be detrimental to surrounding properties for the following reasons: The equestrian arena will facilitate the equestrian usage in the Santa Ana Heights area and will complement the existing equestrian, pedestrian, and bicycle trail facilities that currently serve the area The equestrian park is consistent with the policies of the Santa Ana Heights Specific Plan. The facility will not necessitate extensive construction and development activity that would adversely affect adjacent land uses, including the residential development and Upper Newport Bay Nature Preserve. The equestrian arena does not include stables, short or long -term features that would allow the keeping of animals, rather the facility is to be operated as a day -use facility only. The project is compatible and complementary to the existing and surrounding land uses. No significant environmental impacts will occur as a result of the proposed project. The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or the use of the property within the proposed development as no public easements other than utility easements that serve the property are present. Conditions of Approval: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted below. 2. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. The applicant shall obtain a haul route permit from the Public Works Department for the removal of all construction materials, excavated dirt and debris from the site. 3. Fencing for the lunging area, riding arena, trail fencing along the Delhi Channel shall be limited to 5 feet in height. 4. A minimum 6 -foot high chain -link fence shall be installed at the eastern property line between the subject property and the adjacent residential property. 5. The facility is for day -use only and no site lighting is permitted. 6. All "guide" or directional signs for the project shall be subject to the review and approval of the Public Works Department. Address signs for the equestrian park shall be posted at the Mesa Drive entrance and on the subject property to facilitate identification of the site by emergency personnel and the public. The Planning Commission 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. 9. 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. 10. Add - requirement for Special Event Use Permit verbiage. SUBJECT: Mariner's Mile Strategic Vision & Design Framework Amendment No. 906 . Amendment No. 906 Adopt the Strategic Vision and Design Framework to establish policies for future development on Mariners' Mile. The Strategic Vision includes the promotion of a pedestrian oriented retail area called the "Mariner's Village" in the area of Riverside Avenue and Tustin Avenue. To implement the Strategic Vision and Design Framework, Amendment No. 906 would amend Chapter 20.42 Mariner's Mile Specific Area Plan and create a new overlay district covering the commercial and mixed - use properties on Coast Highway between Rocky Point and Dover Drive. The amended specific plan and new overlay will implement new development standards (i.e. landscaping, architecture, signs) and land Item No. 3 A 906 Recommended for Approval use policies for projects within the area. The amendment will not change the existing permitted uses or permitted building heights. Senior Planner, James Campbell noted a memo presented for the Commissions consideration. This memo was a result of a meeting with Commissioner Tucker on the suggested corrections to the Code. Commissioner Kiser recused himself from this item due to a conflict of interest. Commissioner Tucker suggested that items 5 and 12 be deleted from the memo. Public comment was opened. Public comment was closed. Commissioner Tucker noted discussion item 13 on the memo relates to the articulation of pole signs. He suggests that language be added regarding the stock of the pole so that it may have articulated features. He wants to use, 'encourage articulation', instead of 'requirement'. The concept of a heritage sign requires a process to keep a sign that otherwise does not comply. At the end, there is a provision that states you can not remove a heritage sign. I dont understand why the person who wanted to claim a heritage sign could not then remove it. I suggest that the language that refers to the prohibition of deletion of a heritage sign should be deleted. The way the Ordinance was originally proposed, site plans would have to go through a development plan process that involves a public hearing. It includes sign approvals or initiation of landscape rehabilitation, staff has changed it so that landscaping rehabilitation does not have to go through a public hearing. The public hearing is a time consuming process for something that is still going to be looked at by the Planning Director. The appeal process is still the same. I feel the same way about an existing sign. If there is going to be a change, it should not be forced through a public hearing process. It is still going to be reviewed. I think this is a great start and I am very supportive of what was done. Commissioner Gifford suggested that with respect to signs not permitted, to include changeable copy (marquis style) signs. On page 28 of the booklet that constitutes Exhibit A, the illustration is one we are trying to get away from. I understand the desire for identification for Mariners Mile, but what I would like to see specified that the graphics are for illustrative purposes only and the language of 2.22 read, 'Installation of a new "Welcome to Mariner's Mile" sign at the new Arches Bridge at Newport Boulevard facing southbound Pacific Coast Highway traffic.' This would allow a sign similar to whatever sign is at the other end of Mariners Mile. One of the things that was nice about this plan was the theme of design continuity, having the two entry monuments from both the Dover/PCH and the Arches Bridge/PCH perhaps be the same. I suggest that we dont adopt, as a matter of City policy that the lighted channel lettered sign like this would be put on the bridge. Chairperson Selich noted support of the changes made by Commissioner Tucker and Commissioner Gifford. Assistant City Manager, Sharon Wood asked for clarification of the alteration of heritage signs. Commissioner Tucker stated that if an applicant decides to take down a heritage sign, the Planning Director should not have a say in that. Ms. Wood noted that the language on Section 5 page 30 is not consistent. A decision needs to be made whether to allow the Planning Director to permit the removal or just leave the language that the owner may remove or alter it, but if the owner chooses to do that, then the heritage status is lost and he has to comply with the new regulations. The concern I have with the Planning Director approval is that without any guidelines or findings to be made, we are leaving it up to one person's opinion as to whether the sign is liked or not. Commissioner Tucker noted that the cleaning or maintaining of a heritage sign should not revoke its status. But if the sign is otherwise removed, then its status is revoked. Keenan Smith, City Lights Design agrees with the assignation suggested that allows for the routine maintenance and cleaning of the sign and allows for the owner to remove it for any reason he desires. I like the idea of the revocation of the heritage sign status if the owner decides to alter or remove it. Commissioner Gifford asked about the flags mounted to the Arches Bridge and the Back Bay Bridge. It's nice to have banners, but if this is adopted as City policy, does it pre -empt the rights to putting flags here to the association so that other events could not put flags there? You could read this to say that Mariners' Mile gets to install the flags and own the flag rights to those poles. Ms. Wood answered that I never thought that was the intent. In light of the change on page 27 where the language says the following graphics are illustrative and apply to all the sections that follow. Motion was made by Commissioner Gifford for the adoption of the Mariners Mile Strategic Vision and Design Framework with suggested amendments stated in the memorandum to the proposed ordinance with the exception of items 5 and 12; understanding the clarifications of items 13, 15 and 17; and adding changeable copy as prohibited signs to item 5, page 27 of the Specific Plan District #5 and in any other place that it may appear in all the documents looked at tonight. At staff request, Commissioner Tucker clarified that item 17 regarding holding a public hearing on an application for a Development Plan. If it is a sign of the same basic size and location then it does not need to go through a public hearing. If it is a sign in a different size or location, then it does. I am talking about the replacement that is substantially the same in size and location is the one that I don't think needs to go back through. If someone has a sign that is rusting out and looking old and faded and they want to come in and put in a size that is basically the same size and in the same location, they do not need to go through the 10 to 60 day process. Ayes: McDaniel, Agajanian, Selich, Gifford, Kranzley, Tucker Noes: None Absent: None Recused:Kiser SUBJECT: Annexation of Newport Coast/Ridge Area GPA 99 -3(C), Zoning Amendment No. 902 (PC Nos. 52 and 53), and Development Agreement No. 14: Proposed General Plan Amendment, prezoning, and development agreement necessary to provide for annexation of the Newport Coast/Ridge area to the City (see vicinity map). Commissioner Gifford recused herself from this matter due to a potential conflict of interest. Larry Lawrence, City's consultant for this project noted the following: • City Council initiated annexation proceedings for the Newport Coast, Newport Ridge areas last year. Staff has initiated the General Plan Amendment and pre- zoning actions needed to identify the permitted land uses and other regulations that will apply to the area upon approval of the annexation application by the Local Agency Formation Commission (LAFCO). • The proposed annexation area encompasses 5,441 acres at the southeastern boundary of the City between the ocean and the San Joaquin Hills Transportation Corridor. The entire area is within City's Sphere of Influence adopted by LAFCO. The annexation area includes the northeasterly portion of the Newport Coast LCP Planned Community, which takes up the coastal zone portion of the annexation area. • The overall LCP area actually extends all the way down to Laguna Canyon Road beyond the annexation area. The Newport Coast LCP covers a wide area and the annexation area within the City's sphere is only about half of that area (4,700 acres). • The LCP annexation area includes most of the beach portion of Crystal Cove State Park but not the inland portion. The Newport Ridge Planned Community is the development area north of the Newport Coast LCP and north of that up to the San Joaquin Corridor is the Item No. 4 GPA 99 -3 (C) A No. 902 DA No. 14 Recommended for approval area called the residual area that consists of open space, the old San Joaquin Reservoir, the Coyote Canyon Landfill and the new Sage Hill private school. The proposed procedure is to adopt the existing County Land Use designations and Zoning for the development areas as embodied in the Newport Coast Local Coast Program and Newport Ridge Planned Community Program documents. Adopt conventional zoning for the residual area, which is consistent with the existing County designations of the area. The City would adopt both a Development Agreement with The Irvine Company that is consistent with the existing Development Agreement between The Irvine Company and the County and a Joint Powers Agreement with the County that would retain County jurisdiction over land use and development within the annexation area. The purpose of keeping the land use jurisdiction with the County after annexation is to ensure that development of the area and the dedication of valuable habitat area under the NCCP is administered by County staff familiar with all the provisions of the LCP and PC documents and conditions of the Development Approval in a manner that is consistent with the complex plans that are the result of years of planning and environmental analysis. County Development Review process - the Newport Coast LCP requires approval of a Coastal Development Permit (CDP), which is an area plan showing land use area, circulation and infrastructure, not generally project or site specific. In addition, the County can also require the processing of a Site Development Permit, which includes review of site plans, architecture and landscaping plans. These would be site specific. All residential and commercial development require the approval of a CDP by the County Planning Commission. In the case of Newport Ridge, a Site Development Permit is required for commercial and medium to high- density residential development. The pre- zoning would establish a PC Development Plan consisting of the Newport Coast LCP for the Newport Coast area and the Newport Ridge Planned Community Program for the Newport Ridge area conventional OS -P, Open Space Passive and GEIF zoning would be applied to the residual area. These zoning districts would become effective upon approval of the annexation by LAFCO. Staff recommends that the Planning Commission forward the General Plan Amendment, Prezoning designations, draft Development Agreement and the Negative Declaration to the City Council with the recommendation for approval. Ms. Temple added that the issue of the County's retention of the land use jurisdiction is only for the completion of the initial development as covered by the planning documents. Land use authority will revert to the City for the longer term once the initial development is completed. Chairperson Selich asked what the definition of completion of development is? He was answered that the documents in draft form include this phrase and is part of the details that need to be worked out. Chairperson Selich asked if this plan was amended through the County, this completion of development for the plan, is it annexed, or as completion of development as they may amend the plan? For example, they talk here that the plan will be completed in 2015, but these hotel sites have not been moving so it may drag out longer than that. They decide to go back and amend the plan and put something in different in one of the hotel sites. Would it be completion of development on the original plan or the modified plan? Ms. Clauson answered that through the completion date or turnover date that is anticipated or agreed upon any amendments would be processed through the County. Anticipatory build out date is 2015, which is the date that they are held to. If the hotel sites were not built out at that time, it would transfer back to the City irrespective of whether the hotels were built or not. The date is the controlling factor. As things are developed, the agreement would terminate as to those final development projects as to those areas. Commissioner Tucker asked what happens if something different happens? What if The Irvine Company decides it wants to do a General Plan Amendment? It isn't in the existing Development Agreement, and it may be that the County has retained the processing approvals for processing what is there. I would image that to be subdivision maps, that type of thing. But a wholesale change in land use, is that something that the City processes or does the County have the authority to change what we thought we were getting without us having any say so in it? Ms. Clauson answered not to the extent that it would change the Land Use Element or the General Plan that we are adopting in this process, that would have to be approved by the City. She agreed that it is just plans that are processed that are consistent with the zoning in the General Plan that presently exist. The County would not be able to process it in the manner that would change our General Plan without the City processing it as well. The Agreement does not discuss whether the City must go along with the County decision in this particular instance. Continuing, Commissioner Tucker noted that if The Irvine Company does not change any of the land use or zoning items, we do not review anything and that would also entail the Site Plan for the commercial center in Newport Ridge. Can we add something that makes it clear that a change in the land use has to be processed through the City as a General Plan Amendment? Ms. Clauson answered that the comments and recommendations from the Planning Commission on this type of an issue can be incorporated and considered. The understanding and agreement of this document and the whole zoning and annexation that we are going through is that The Irvine Company wants to be able to develop the property in accordance with their current entitlements. That is what we are trying to reach an agreement on, not to allow them to change those entitlements in the future. A wholesale change of the entitlements of what they have envisioned would require Coastal Commission considerations as well as other considerations. That is not what they are looking for in this process. Ms. Wood noted that this point is addressed in the Development Agreement Section 4.4 where it refers to changes and amendment. It is acknowledging that over time there may be development of approvals. 'City shall expressly permit and authorize modifications of any proposed changes in the existing Development Approvals or Development Plan that are consistent with the Land Use Element designations for the Property.... Further limitations can't reduce open space, amount of property tax revenue that would come to the City or increase the density and/or intensity of development...' Ms. Clauson noted she could look at additional language. Commissioner Tucker is looking at anything that would change our General Plan or our Land Use Element as we are adopting it here. Continuing, she added that the excerpt above does cover it because it states changing the density and/or intensity of the development as well as any use as it would change the nature of the entitlements. Commissioner Agajanian asked about the [c] Zoning and rezoning adopted by the County or the City under Section 1.1.6. Ms. Clauson answered that she is not looking at this as a definition of the development approvals, my understanding is as they are at the time this agreement is entered into. Continuing, Commissioner Agajanian asked about item 15, Section 7.2. 'In the event any Development fees or taxes are imposed on Development of the Property other than those authorized pursuant to this Agreement, OWNER shall be entitled to receive from CITY restitution ...'Is this money that was over paid to the County, and would the City have to make up the difference? Ms. Clauson answered as she was not part of the negotiations and did not know what the intent was behind this, she could not answer. Chairperson Selich asked where the city limits would be in relation to the Newport Coast LCP, whose sphere of influence would the land east of that location be? Ms. Temple answered that there was a time when the County was considering placing that area in the Laguna Beach Sphere of Influence, but the at City was not interested. Therefore, that particular area is not currently in any sphere of influence. Approximately, everything southerly or easterly of Crystal Cove State Parks would be in the City of Laguna Beach Sphere of Influence since that is the dedication area that represents the completion of the Laguna green belt in that area. Commissioner Tucker referred to Section 4.4. The first sentence states that, ..'The parties acknowledge that development of the project will likely require subsequent development approvals, and that in connection therewith OWNER may determine that changes are appropriate and desirable in the existing development approvals or development plan. In the event OWNER finds that such a change is appropriate or desirable, OWNER may apply in writing for an amendment to prior development approvals or the development plan to effectuate such change, which application shall be processed for approval by County.' So it is the County that will process that approval to our General Plan? Ms. Clauson agreed that is what this document is presenting. Ms. Wood added that as long as the changes are consistent with our Land Use Element. Ms. Clauson read, 'CITY shall expressly permit and authorize modifications of any proposed changes in the existing development approvals or development plan that are consistent with the Land Use Element designations for the property unless the proposed modifications would materially......' The agreement lets this happen as long as it is consistent. Commissioner Tucker asked if this means that there is any review by us for consistency with the Land Use designation? How is it that we do that? Chairperson Selich added that as long as any change is consistent, the City's General Plan is the plan they are adopting so they are making an amendment to that plan and they are amending our plan. So their amendment is automatically consistent. That is the deal that has been worked out, the land use approval has been ceded over to the County. Mr. Lawrence added that the language expressly eliminates General Plan Amendments from provisions of this Section. Commissioner Tucker answered that is the part that is not clear. Ms. Clauson added that the changes have to be consistent with the Land Use Element and the Land Use Element is part of the City's General Plan. It says specifically, that it has to be consistent with the City's Land Use Element. Chairperson Selich stated that the land use plan on the vicinity map has nothing designated by the City, it is all the County's plan. The County's is the City's. The County is proposing to change theirs and we are saying that if they are proposing to change theirs, as long as it is consistent with ours, but theirs is ours, this is a circular deal. Commissioner Tucker suggested that as long as they are not amending the General Plan, the theory is it is consistent with the existing land use element, if it is not, then it should require involvement by the City. I think it needs an express statement. If that is what the intent is, that they are not going to be able to come in and change the General Plan because that by definition would be inconsistent with the Land Use Element, then why don't we have more affirmative language that says that so it is clear? Ms. Clauson stated that the process we are going through now is to adopt the provisions of their Land Use element as our own. Once it is adopted, your interpretation of this is that they could later amend it and then by amending it also amend ours by reference. Commission agreed. Continuing, Ms. Clauson stated we would clarify that they can not do that. Chairperson Selich stated that for example, the hotel site is the most risky. Let's say they decide to change it to office, which is something totally different. Now, what would the City's role be in that if the County or the Irvine Company wanted to amend the plan that gets processed through the County? Ms. Clauson answered that her interpretation of the agreement and with the clarifications will make it that they can not do that. This agreement does not allow them to do that. Chairperson Selich noted that is the intent and you will look at getting the language squared away for that. Commissioner Kiser noted that is the way he reads this section, as circular reasoning. Development Approvals as defined in Section 1.1.6 includes General plans and general plan amendments adopted by the County or the City. Ms. Clauson answered that is not the intention. I agree that this needs to be corrected. Commissioner Tucker suggested that in Section 4.4 before the sentence,.... CITY shall expressly permit and authorize... we add the sentence, 'The CITY shall have no duty to approve of a change to general plan designation of any portion of the property as of the effective date hereof.' In other words, once this agreement becomes effective, that is the plan and they can build out that plan and process it through the County. Ms. Temple noted that the County and The Irvine Company developed the original LCP and very shortly after it was adopted, it was amended pursuant to the final action of the Coastal Commission. After several years, the County went through a process called the NCCP or Natural Communities Conservation Program. An outgrowth of that program was to define better ways to provide quality habitat preservation including areas in the Newport Coast. As a result, some areas that had been designated for residential were deemed by the NCCP to be important for habitat passage and connection. The Irvine Company and the County worked on an amendment to not change the overall land use designations, not change the acreages of anything that was allocated for those various uses, but they did move things around in order to allow the superior habitat conservation plan to be institutionalized. The Irvine Company is interested in maintaining that ability through interaction with the County to make modifications to the plan. Where the line is drawn is wholesale in significant changes; increasing in density, land use, which are not consistent with the concept of the plan as embodied in both the City's and County's General Plan. What we are trying to find is language that allows the County to continue to administer amendments that generally stay within the overall character and intent of the City's and County's General Plan. Anything that would constitute a significant revision to the project would meet City approval. Ms. Clauson agreed and recognized the issue of the circularity of this provision in Section 4.4. We will work on language to make sure that does not happen. Commissioner Agajanian noted his concern that once occupancy permits are issued then that constitutes completion. Who issues that occupancy permit, is it the County? He was answered yes. He asked who was paying for planning services? He was answered that the planning service fees are all being paid to the County for services provided. Has a fiscal impact been done for this area? Ms. Clauson answered that the fiscal impact on the City and the return from this type of project is projected well above to handle any additional services. Dave Kiff, Assistant to the City Manager stated that an update to the fiscal analysis is done about every two months when we know more about the assessed values in the area and if the annexation proposal changes at all. It consistently shows a net surplus to the City, which is part of the reason why the City is interested in this. There is money assigned to the Planning and Building Departments to actually transition the plans during that year period between occupancy and when we get the final plans. That is in our budget. There are a couple of shopping retail centers, one at the top of the hill at Newport Coast Drive and San Joaquin Hills and then a second one in the flat graded area as you drive down to Laguna on the left hand side of Coast Highway. Chairperson Selich asked why there is no land use designation on the land use diagram? Mr. Lawrence answered that in that blurb it refers to the text of the General Plan Amendment that is contained in Exhibit GP -2 attached to the staff report. That language provides the flexibility and points up to the need for more specific language with regard to General Plan Amendments brought up in previous discussions. The flexibility is in order for the commonality between the Development Agreement and the General Plan text, without having map designations that might interfere with that. Public comment was opened. Alan Beek, 2007 Highland spoke in opposition to this proposed action. This land is not appropriate for Newport Beach, it is in the character of the City of Irvine. It belongs in the City of Irvine, it is comprised of gated communities and not of our character. I recommend that you reject the application. In this case, the people are denied the opportunity of a referendum. We are helpless in the hands of the Planning Commission and the City Council. State Law will not let us vote on annexations, people have no say on what happens to the character and size of their City. Public comment was closed. Chairperson Selich noted that it is wrong to not have land use designations on the map. This is something that is meant to inform the public what our land use is and I don't see why we can't have the land uses designated. The language should indicate that there is flexibility rather than the other way around. Ms. Temple noted that she recommends that the current plans be mapped and within the text of the document, indicate the framework within which modifications are made and incorporate the concept of State Planning Law for General Plans that the Land Use map is a diagram and not meant to be so specific as to not allow some flexibility. We can make those changes along with the final actions on this part of the entitlement to the City Council. Commissioner Kranzley asked if any of these proposed actions could be divided out. He was answered that these actions are being handled by one resolution. He noted that this process has been ongoing for some time. We are doing some positive actions to make the City different from other communities. I am disappointed, however, that we don't have the opportunity in Newport Coast to have some of the same vitality and differentiation in this area. We are asked to put a lot of faith and hope in the hands of the Irvine Company or whoever the subsequent owner is in some of these properties in the County of Orange. The bottom line is that I am going to miss the open space down there, it has been a pleasant peaceful area and I have a hard time looking at the grading that is currently going on as the space disappears before my eyes. I am troubled that we are not going to have any say on these projects as they come up. Chairperson Selich noted that this area was planned for some 25,000 units many years ago. However, through negotiations, we have the open space there that we will enjoy after the development occurs. It is a far superior plan that what was proposed years ago. Commissioner McDaniel asked what would happen if we voted no tonight? He was answered that the Commission could vote not to recommend this to the Council. However, it will go to the Council, no matter what the recommendation is. Commissioner Kiser commented that he could not vote on this tonight as he needs more time to read the documents that have been presented. I couldn't possibly, based on the issues that were raised tonight, vote yes to send this on to City Council. I have some real concerns with the way in which the Development Agreement leaves all the planning decisions to be made by the County and goes out to 15 years without any participation on our part. I have had only two days in which I was extremely busy to review this development agreement that was sent out on the 19th. I am not prepared regardless of what the past process has been or how many years it has been worked on. Regardless of how that property is developed now, it is not a part of our City so we do not have the kinds of control we have as a Planning Commission for property that is in the City of Newport Beach. If it is not in the City, it can be developed and we can decide later whether to annex it. My main point is that we have only had a couple of days to review the document. I would suggest a continuance of this until our next meeting, which would give me the time to review this matter in much more detail. Commissioner Tucker commented that this property is going to be developed the way that is presently proposed whether we like it or not. I think that our ability to have some say so in what happens over an extended period of time is probably worth while to us. If it is going to be developed and we are going to be impacted by that development, we might as well have some financial stake in what is going on. While I too certainly like to have the five few days we generally get to review the packages, sometimes it is shorter. The only issue to me is the one that a deal is a deal, they can develop it the way it is designated now and as long as the City has a say -so in any changes in the land uses other than the carve out dealing with habitat matters, I think that is sufficient. It has been a City Council matter and we have not been involved with it. It ought to be sent to Council with our recommendations and let them deal with it. Chairperson Selich noted his support of comments made by Commissioner Tucker. There has been a committee that has negotiated this agreement. With the understanding that the Assistant City Attorney has on the clarification on that section regarding the changes in the plan, I think the intent of what has been negotiated in the Development Agreement is something that we should honor and move this forward. I don't think it is our role to get in there now and try to change major deal points that have been reached in the Development Agreement through the City sponsored negotiating committee. There are so many different parties and interests in this, and I support moving this on. Commissioner Agajanian noted his support of the previous comments. He added that he is concerned with the City relinquishing its control powers on land uses over to the County of Orange to continue with the development of this site. The City has local control of land uses and to separate ourselves from the actual decisions made there worries me. I would hate to see any further annexations where we have to do it piecemeal like this. Ms. Clauson added that the concerns expressed by the Commissioners were part of the negotiations. There has been quite a bit of debate on this and I have an interest on the intent is pointed out and clarified. Commissioner Kranzley stated that the impacts are being felt in Newport Beach as this project is being built. I support moving this forward to City Council. Commissioner Tucker noted the frustration of getting complicated long documents late, but this Development Agreement will probably change several more times before it finally gets to the Council. We have a static document right now, and we can make a suggested change, which the essence is the City shall have no duty to approve of a change to the land use designations of any portion of the property as of the effective date. The language will have to allow the Irvine Company the flexibility to address habitat types of issues where they have effectively kept the spirit of the existing General Plan designation even though it may move. The overall intensification and types of uses specified in the plan today are not going to be changed unless the City allows that to happen. Motion was made by Chairperson Selich to recommend approval to the City Council of GPA 99 -3 [C] and Amendment No. 902 (PC Nos. 52 and 53) and the acceptance of a Negative Declaration with the recommendation of language change in Section 4.4 Development Agreement. This language is to resolve the circular logic issue of the plan changes as well as staff modifying the Land Use Plan Map as discussed. Ayes: McDaniel, Agajanian, Selich, Kranzley, Tucker Noes: Kiser Absent: None Recused:Gifford SUBJECT: Balboa Sign Overlay . A No. 907 Proposed sign regulations for commercial properties on the Balboa Peninsula and amendments to the Zoning Code to implement the new sign regulations. Mark Brodeur, Urban Design Studios, 14725 Alton Parkway, Irvine consultant for the City on this project presented a brief overview of the sign overlay guidelines noting the following while presenting a slide demonstration: . This ordinance is to encourage businesses on Balboa Peninsula to use signs that adequately advertise themselves and provide identification on the street while ensuring that the signs contribute positively to the charm and character of the Peninsula. Item No. 5 A No. 907 Recommended for Approval Prohibited signs once this overlay is approved will be - pole signs of which • there is a large number, internally illuminated can sign with a translucent plastic face; inflatable signs; vehicle signs. • Permitted signs - ground signs; roof signs; wall signs; directory; projecting; canopy; awning and window signs all with restrictions as called out in the overlay program. • Included in the overlay program are helpful hints on designs and color, types of materials, legibility, illumination and creative sign permit. • A Creative Sign Permit allows for a sign that meets certain sign criteria can be approved by the Planning Commission. The creative sign has to have a certain conceptual criteria relative to Balboa Peninsula and architectural criteria that have to fit in the building and the location in scale and composition. • A new class of signs will be made non - conforming once this overlay is approved and will no longer be permitted. The City will provide business owners with an impetus to remove their signs by the following schedule: Years 1 and 2 - the City would provide professional removal, new sign design as well as professional sign fabrication. Years 3 and 4 - the City would remove the sign and provide a new sign design. Years 5 and 6 - the City would remove the sign and waive the fees Year 2015 - deadline for all prohibited signs to be removed Commissioner Gifford noted this is a great program. She noted that as a member of the committee who worked on this there was a great deal of discussion. Does the finished document miss anything? Mr. Brodeur answered that in his opinion, allowing roof signs is something that I would not recommend. I can not think of a City that I have worked with that allows roof signs as part of a new ordinance. The changeable copy signs I think do more than identify a business. Basically signs are for identification, not to advertise. There is still an exemption for time and temperature. The reason I bring this up is, I remember you discussing at quite a length the last time I was here a proposal for a time and temperature display. If you want to remain consistent on that action, you might recommend to City Council, as a modification to this document, that we look at the time and temperature exemption. Maybe you can permit them with certain requirements rather than exempt them. There are a number of signs that are permitted that are valuable and normally would not be permitted in most business, i.e., 'A' frame signs, under canopy signs, projecting signs, those types. Because of the 'main street' type businesses, studies have shown that those types of signs are very valuable to these types of businesses whereas roof signs and changeable copy signs have not shown that same value. Ms. Wood added that the provision for the 'A' frame sign is in conflict with Chapter 10 of the Municipal Code, which prohibits the use of public streets for commercial displays. If the 'A' frame signs in the public right of way are something that the Planning Commission feels strongly are beneficial and should be included in this Ordinance, then you need to recommend that the City Council amend Chapter 10 to make it consistent. Mr. Edmonston added that there is a Policy and I think that these are a code enforcement nightmare waiting to happen. Because they are portable, the ones that crop up now have been routinely been denied with a couple of exceptions along the Edgewater area in front of the Fun Zone. Those tend to move around a lot. The owner may put them where they belong, or not where they belong, each day when he brings them out, a passerby may move them. They just don't seem to stay where they belong. There is a real concern of allowing these up and down the Peninsula. Commissioner Kranzley stated he is not in favor of changeable copy signs, nor time and temperature signs. What is the argument about roof signs? Mr. Brodeur answered that there are a couple of roof signs on the Peninsula. Most people would say that those roof signs do not create a bad physical sign environment. Some people tell you that they are quite attractive and dear to their hearts. There was preponderance on the committee that they did not want to start to prohibit those kinds of signs because they didn't really want to see a particular sign go away. Chairperson Selich asked if you could still allow a roof sign under the Creative Sign Program if they come up with an unusual sign design and meet the criteria? Technically there are some other pole type signs that should not be allowed, but they are very creative and have been done tastefully. Mr. Brodeur answered yes, we could go ahead and prohibit roof signs and the only roof signs that would be allowed were ones that went through the Creative Sign process. Pole signs are allowed through the Creative Sign process as well. A roof sign is permitted as a right, but it has to be approved as a creative sign. If the sign is already permitted, perhaps the sign does not have to be as creative or as great as a pole sign. The committee felt that pole signs should just be prohibited and to get a creative sign pole sign would be a harder sell. Commissioner Tucker noted that there were pole signs in the Mariners Mile issue. A requirement for an articulated base and a requirement for an articulated cap encourages articulation of the pole. What people think of as a pole sign is the white metal thing with no articulation with a sign on top of the pole. If you take an articulated base, articulated cap with something in between and the sign sticks off the side of the structure, it can be very attractive. Mr. Brodeur agreed noting that you can make a recommendation to place pole signs out of the prohibited chapter into the permitted chapter with a requirement for creative sign, the same as we have done with a roof sign. Ms. Wood noted that the difference in thinking between the two areas was the pedestrian versus the highway character and the feeling that on Manners Mile there is a greater need for a pole sign and there is less of that on the Peninsula. If you reduced the height limit to what was suggested for the village area of Manners Mile, it might be more appropriate. Commissioner Agajanian noted his support of the program. He asked about the allowable projection of signs over the public right of way. Is it needed, was there strong support? Mr. Brodeur answered that in most downtown areas, the storefront is immediately adjacent to the sidewalk and if you want to have a projecting sign, you are in that condition that precludes you from having one. Most projecting signs project as much as seven feet out from the face of the building. I have never had a downtown merchant or city engineer tell me it is bad as long as there are certain clearances from the bottom of the sign, in other words, people can't strike it with a stick as they are walking by and destroy the sign. They have been used in downtowns for hundreds of years. That use is appropriate. Because of the type of businesses at the right of way, you would preclude the use of a projecting sign, which has been historically appropriate for a sidewalk adjacent storefront. Mr. Edmonston noted that in some areas we are looking at providing a very wide sidewalk in re -doing Balboa. I can't imagine that we would want a sign that was stuck ten -feet out from the building that was still two -feet back to curb and only eight feet above the ground. A building that is not sitting on the property line, to not have them encroach into the public right of way would be appropriate. Mr. Alford pointed out that this is not something that is proposed by this overlay. It is currently in the Code for all areas of the City and is the same as the clearances and projection limitations described in this document. Commissioner Kiser stated that there has to be some exception for the changeable copy signs for theater marquis, gas stations and museums. Mr. Brodeur answered that excluded from a recommendation to prohibit changeable copy signs would be theater marquis. Under the types of signs that are exempt in the current Sign Ordinance, are bulletin boards for things such as public education or religious institutions. The movie marquis are also exempt. At Commission inquiry, he added that there are two types of banners. Banners placed within the public right of way on light poles that are erected by the City or Chamber of Commerce are not prohibited. The other type of banner is the promotional banner. We permit promotional banner signs and allow one for business, has to be 32 square feet and below the roof line and can only be up for a total of 90 days. Additionally, if someone wants to put up a neon beer sign in his or her window, if it is within 3 feet of the glass, it qualifies as a window sign. If it is inside the establishment, back 3 feet it falls within an interior sign and is not regulated. If it is within 3 feet of the window then it can cover only 20% of that window. The sign can be neon, cut metal, wood, etched, etc. It was discussed that the maximum sign area for window signs is 20 percent of window area for solid sign and 50% of window area for channel letters and must be permanently placed on glass. This recommendation came from the steering committee at their last meeting. Mr. Alford added that there was no illumination on neon window signs allowed. Commissioner Kiser asked about signs that emit noise, smoke, flashing, moving, etc., are they prohibited? Staff answered that in a general statement in the overlay, Chapter 20.67 provisions would prevail. Noise is covered under the Noise regulations and any other types of emissions might also fall under the definition of an animated sign (an action or movement of some type). Chairperson Selich asked about the cumulative square footage of signs on one building if you were to take all these different signs and put them on a building. Is this overlay more or less restrictive on terms of square footage of signs than are permitted under the existing Sign Ordinance? Mr. Brodeur answered that it is less restrictive than the current Ordinance because of the allowance of projecting signs, roof signs, wall signs, and window signs. Those four categories alone take you beyond the categories currently permitted. On the building, wall sign, projecting sign, awning sign, banner signs, roof sign and window sign, six types of signs are allowed. Chairperson Selich commented that one of the failures of the existing Sign Code is that it is too permissive on the amount of square footage, so wouldn't it stand to reason that even though all of these signs are permitted, there would be some maximum of square footage that would be allowed? Mr. Brodeur answered that the type of sign going to be permitted on Balboa Peninsula are the types that are shown historically to work for downtown main street types of businesses. The current Sign Code allows larger wall signs but it does not allow the various types of signs that we are going to permit on the Peninsula. A business on the Peninsula is going to be able to have four different types of signs, awning, roof, window, and wall signs. Those types of signs are all proportional to the types of businesses on the Peninsula. We went through an exercise with the committee depicting sizes of signs based on formulas. To try and regulate signs based on the maximum number of cumulative goes against the spirit of this Ordinance. The spirit is to help some of these small businesses identify themselves with these types of sings that we are bringing back. These same signs are inappropriate on Harbor Boulevard, Pacific Coast Highway all the other major arterials. The Peninsula is a very different part of town and the types of signs allowed are appropriate to this area. At Commission inquiry, Mr. Brodeur explained that a window sign versus an awning sign versus a projecting sign wouldn't be visible from most angles. If you look straight at a sign, you are not going to see a projecting sign, and probably not see the awning sign because it is constrained at ten inches on the awning valance. We selected the types of signs based on historic pictures for these types of buildings. The proportions of those signs are all appropriate. If a business uses all of these signs, the building will not looked cluttered because the proportions are specified in the overlay. Commissioner Tucker noted that over time the Crab Cooker signage might become an icon. Noting the Guidelines on page 44, it says that painted wall signs directly on the structure are encouraged. Why did the committee think this was a good idea? Mr. Brodeur answered that the Peninsula storefronts are adjacent to the back of the sidewalk. Historically, photos showing signs painted directly on the wall above the windows and awnings was a common practice. The other reason is that the committee felt that there needed to be an avenue for inexpensive type signs. They were afraid that some of the creative signs would essentially price some businesses out of business in trying to provide signs. Those are the two reasons, historic precedent and cost. Public hearing was opened Public hearing was closed. Motion was made by Commissioner Gifford to recommend approval of Amendment 907 to the City Council with the following changes: • Prohibit changeable copy signs excepting theater /movie marquis, and gas stations for the purpose only of pricing only. • Eliminate the exemption for time and temperature signs. • Create maximum area for window signs of 20% across the board. • Pole signs - leave language as it is so there is a place for it with the Creative Sign Program but that it is not something that is encouraged as suitable for the area. • Prohibition of'A' frame type signs. • Restriction on banners be a maximum of 30 days per use and 60 days per calendar year. • Only neon or channeled illumination shall be allowed at 20% as window signage. • Projected signs limited to a maximum 4 feet (or 2 feet from within the curb, whichever is less). into the public area and 2.5 feet in height • Change text in the general provisions section V.A.9 - 'Signs attached to or placed on vehicles or trailers and which are visible from a public right -of -way except signs painted on or otherwise permanently attached to a vehicle in such a manner that the vehicle can be legally operated on public rights -of -way, or except vehicle signs temporarily attached to or placed on a vehicle, provided the primary purpose of the vehicle and the is regularly and customarily used of dre vehicle is to transport persons or property for the business with the signs attached or placed in such a manner that the vehicle can be legally operated on public rights -of -way.' • Corporate flags removed from list of permitted signs. • Multi -tenant signs approval authority by the Planning Director, not the Modifications Committee. Discussion on following ensued: • Dates updated. • Sign Permit application for a Creative Sign subject to approval by the Planning Commission. • Policing of banners. • Change in text on page 13 of the Guidelines for enforcement purposes. • Multi -tenant signs approval authority. Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford, Kranzley, Tucker Noes: None Absent: None SUBJECT: Coastal Bluff Development Review Establishment of development review processing for coastal bluff properties Senior Planner James Campbell noted a supplemental report for clarification of recommendations that can be done on an urgency basis. Chairperson Selich noted that he was uncomfortable with any type of moratorium. He was under the misimpression that the Planning Commission could recommend some type of Urgency Ordinance. Staff has explained the legal limitations on this. I would not want to put any homes under a moratorium situation. It seems that the best we are going to be able to do is to urge the Council to direct staff to move ahead with developing a set of regulations that fulfill our intent as fast as possible. Staff can figure out what the correct techniques are, the sections of the code and whatever is needed to regulate it. Staff has made a recommendation on all Coastal Bluffs. My concern is primarily on Ocean Boulevard from Inspiration Point back to Poppy, because I think those are the lots that are most threatened. It is an economic situation and those are the most valuable lots where people would be inclined to spend the kind of money to do the kind of bluff alteration we saw at the last Commission meeting. Commissioner Kranzley expressed his concern about the bluff area that would include Kings Road. I am more interested in the cumulative effect throughout the City, so I would still be in favor of this working throughout the City. Commissioner Gifford asked staff that rather than draft something that integrates the Item No. 6 Coastal Bluff Development Review Discussion Item whole situation, if you could do something more quickly related to just the Corona del Mar bluff? Mr. Campbell answered that it would not be quicker, but the initial step we are looking at is just to get discretionary review and that is straight forward whether it be in a small or large area. Ms. Wood noted that if this was to be expanded to everything that meets the definition of coastal bluff citywide, it would take us a little extra time to determine which of those areas do meet that definition. Commissioner Kiser asked about the timing. If a moratorium was voted for and limited to the coastal bluffs at the Corona Beach area, how long would it take to go through the process of creating the development regulations that would be appropriate for that site? Ms. Temple answered that the typical cycle, once the regulations have been developed that you want to adopt in the conventional fashion, if contained within Title 20 requires public hearings before both the Planning Commission and the City Council with adequate notice. It would have to be reviewed under the California Environmental Quality Act as to whether we would need any environmental documentation or not and it would require a minimum of two readings at the City Council. With a Negative Declaration, after the regulations were developed we would be looking at something on the order of four to six months minimum. If we were to choose an approach that did not require anything more than an exemption under CEQA and did an amendment to Title 15, which is the Building Code, that does not of necessity require Planning Commission review. If you wanted to get something very quickly on the books and you participated in the process to develop the regulation, an amendment to Title 15 adopted as an Emergency Ordinance by City Council would only have to go to the City Council not the Planning Commission. It would only have to be read once and becomes effective immediately. Chairperson Selich stated that the City Council is expecting a recommendation from the Planning Commission for the meeting on Tuesday on this issue. It sounds like you are saying there may be a way to possibly do an emergency or urgency regulation on the Ocean Boulevard bluffs immediately through the Building Code and do a longer term process for all of the bluffs. Would it be appropriate then that if the Planning Commission made a recommendation to the Council that staff investigate all of the emergency avenues that are available for Ocean Boulevard on the short term and deal with all the bluffs as fast as you can through normal procedures. Staff answered that we do not have enough information to know whether we can do something like that to expedite. We can go back and explore other opportunities to move at least a partial solution more rapidly. Commissioner Tucker noted that we have a policy in place in the General Plan that we do not have the ability to implement the policy. I suggest that we make the recommendation to Council that staff figure out how best to get there in the quickest possible fashion. The policy states that the siting of new buildings and structures shall be controlled and regulated to insure, to the extent practical, the preservation of public views, the preservation of unique natural resources and to minimize the alteration of natural land forms along bluffs and cliffs. Where the urgency comes up is there is not the level of clarity in the actual implementation of that policy that there should be. We have now discovered that we should have had something in place that allowed us to implement that policy. Commissioner Kiser asked if this policy has no teeth in it, there is no way in which we can enforce this? Ms. Clauson answered that the existing regulations we have will take into consideration that policy. There is nothing additional to that. The policy is stated so that if you are making a decision on a Variance or a Modification or Site Plan review, the policy is there for consideration of your decision that you make on that. There aren't additional procedures to deal with a situation where it is not before you, when it is just a Building Permit. At Commission inquiry, Ms. Clauson stated that the concept of a moratorium is to maintain the status quo. If the concern and potential pressure is identified as being along Ocean Boulevard at this period of time, that is where the urgency exists and the status quo needs to be maintained. The proposal could be limited to that area if you establish those factors. Our proposal was that permits could still be issued as long as it was not outside the existing footprint or the existing grade on the property. We could if that is what is recommended where the urgency and status quo needs to be maintained. The point of the moratorium in this instance is for the purpose of conducting a land use study. Chairperson Selich stated he was not in favor of a moratorium for reasons I explained earlier and the way that staff has outlined it. If we were to do a blanket moratorium and not let anyone do anything on those properties, that would not be very pleasant. I would like to find another way to deal with this problem other than a moratorium, as you can end up with some unintended consequences that we may not even be aware of Commissioner Tucker agreed with the statement. I haven't seen any evidence that there is a wholesale problem. What has prompted this whole thing was one exceptionally ambitious proposal that came before us. I would suggest that we make a motion that recommends to the Council that regulations be adopted to implement the review and evaluation of bluff and cliff developments along Ocean Boulevard in order to implement Land Use Element Policy D and that it be done as quickly as they can. Commissioner Tucker asked staff at what point an applicant becomes bound by the new regulations adopted by City Council and the applicant had applied for the permit before the Ordinance passed? Ms. Wood answered that it depends on how flexible the City Council wants to be, the Ordinance can have a grandfathering provision written into it through which someone who had submitted for a Building Permit as of such and such a date, can proceed under the old rules. Or, the Council could say unless the Building Permit is issued by the effective date. Commissioner Tucker stated that the Planning Commission is saying, here is a problem. We have a very important policy and we do not have a way to implement and we suggest that you adopt regulations. The Council will decide whether there is going to be grandfathering and how important it is to act on it and how quickly they act. Discussion continued on the need, recommendation and timing of a moratorium, inclusion of grandfathering .clauses, timing of plan submittals, current project applications and delays of planning processes. Public comment was opened Lawrence Tabak, 3431 Ocean Boulevard read from a letter that he had written to Councilmember ONeil regarding a moratorium on building permits as it relates to his property. Chairperson Selich advised Mr. Tabak to meet with the Planning staff regarding his plans Commissioner Tucker noted that there is a policy that exists in City documents but there is nothing that implements that policy. By sending this along to Council, we think they ought to come up with some type of regulations that implements this policy. How they choose to do that is really their decision. We are not getting specific about it here. The reason for the motion being what it was to turn it over to staff, City Attorney and let the Council figure out what they want to do is to bring to their attention this policy . We are getting proposals for houses that are 5,000 to 12,000 feet, 'what do you want to do Council?' They set the policy, we just carry it out. When we see something where there is a clear divergence of what the policy is versus what the regulations require, we bring it to their attention. You have heard discussion about moratorium that did not end up going anywhere. We talk these things through in a public forum. You have heard what the sense is, your approach in dealing with the Councilmember is the right approach, and you should do that to try to influence how that discussion gets carried out ultimately. The Council will decide how they want to deal with this, how to implement this policy, what they want to do. Public comment was closed. Ayes: McDaniel, Kiser, Agajanian, Selich, Kranzley, Tucker Noes: Gifford Absent: None SUBJECT: Fletcher Residence Item No. 7 21 Bay Island Discussion Item Only Review of Condition No. 3 of Modification Permit No. 4919 regarding the removal of a tree located on the subject property in conjunction with the construction of a new Continued single family dwelling. Ms. Temple stated that staff is looking for direction from the Planning Commission if they wish to set this modification for review. Chairperson Selich stated he would like to know from the applicant why they did not preserve the tree. Ms. Temple answered that we requested that information from the homeowner, but have not received it. They have been informed of the discussion tonight and are not in the audience. We have no course of action unless you would like to call up the permit for review. Commissioner Kranzley noted that when he read through the minutes, he pointed out that it appears that the obligation was only that if they could keep the tree, they would. It was not that they were required to keep the tree, there was no condition stating that Chairperson Selich stated that he had assumed that if a condition was placed on a project, staff ,during the permit administration, would require the applicant to provide some evidence before the tree was removed, it has to be removed for this or that reason. That would be submitted and staff would review it and say okay, your reason is acceptable, it is not possible to save the tree and go ahead and take it out. Ms. Temple agreed that is correct. In talking to staff she determined that it was a training problem and the person who signed off on it thought this was very loose and did not require us to do anything. The staff has been instructed on how to handle by including our urban forester in any future similar conditions for his determination. The department accepts responsibility for not adequately overseeing the enforcement of that condition. We are still attempting to get information from the homeowner. I will keep it on the agenda as a means to get a report. ADDITIONAL BUSINESS: I Additional Business a.) City Council Follow -up — Assistant City Manager Sharon Wood reported that at the meeting of September 12th, the City Council received a report from their Task Force on Affordable Housing with a recommendation to send a letter to the Irvine Company to proceed with doing a Senior Affordable Housing Development on Lower Bayview Landing that would fulfill The Irvine Company's responsibility for affordable housing for all the market rate units they did as part of CIOSA, the area is designated Retail and Service Commercial and is limited to a use of either a 10,000 square foot restaurant or a 45,000 square foot athletic club with a specific allowance for 120 senior citizen units with and underlying PC zoning and PC text. Additionally, the Newport Dunes Resort was removed from calendar at the request of the applicant. b.) Oral report from Planning Commission's representative to the Economic Development Committee — Chairperson Selich noted that the EDC reviewed the Development Plan Ordinance and a committee has been appointed to look at it. There was concern expressed as to the level of involvement of the Planning Commission dictating details and how much time it would add to the process on the smaller projects. C.) Matters that a Planning Commissioner would like staff to report on at a subsequent meeting — Commissioner Kiser asked for a briefing on the sign for Lovely Nails on Coast Highway, and if it was a roof sign. Commissioner Tucker asked staff about the whether the implementation of a design review type of requirement will mean that projects that are not presently subject to a CEQA review will have to go through the CEQA review? d.) Matters that a Planning Commissioner wish to place on a future agenda for action and staff report - Commissioners Tucker and Kranzley suggested a change in the starting time for the meetings at 6:30 p.m. e.) Requests for excused absences - Commissioner Gifford stated she would not be at the October 5th and 19th meetings; Commissioner Tucker stated he would not be at the November 9th meeting. ass ADJOURNMENT: 11:30 p.m. STEVEN KISER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Adjournment NEWPORT COAST Local Coastal Program Second Amendment December 3, 7 996 THE NEWPORT COAST LOCAL COASTAL PROGRAM Second Amendment Approved by the Orange County Planning Commission on May 21, 1996, Resolution No. 96 -04. Approved by the Orange County Board of Supervisors on July 16, 1996, Resolution No. 96 -529. Submitted to the California Coastal Commission on August 6, 1996. Approved by the California Coastal Commission on October 10, 1996. Certified by the Orange County Board of Supervisors on December 3, 1996, Resolution No. 96 -861 and Ordinance No. 096 -3974. Certified by the California Coastal Commission on January 21, 1997. CONTENTS INTRODUCTION: LOCAL AND REGIONAL. SETTING PAGE 1. PURPOSE AND INTENT 1 2. AREA DESCRIPTION 3 3. RESOURCE DESCRIPTION 4 4. REGIONAL OPEN SPACE SETTING 8 PART I: LAND USE PLAN 1. MAIN ELEMENTS OF THE LAND USE PLAN A. Open Space B. Tourist Commercial C. Golf Courses /Greenbelt D. Residential E. Circulation F. Public Works /Infrastructure 2. COASTAL ACT CONSISTENCY AND OVERALL FINDINGS AND CONCLUSIONS I -2.1 A. Resources Protection Program 1. Open Space Dedication Programs 2. Environmentally Sensitive Habitat Areas 3. Riparian Habitat Creation Program 4. Erosion Control and Urban Runoff 5. Visual Quality a. Views from PCH toward the Ocean b. Views from the Moro Ridge Area of Crystal Cove State Park c. Views Inland from PCH and the Coastal Shelf d. Views from Newport Coast Drive Newport Cowt LCP Second Amendment December 3, 1996 1 CONTENTS (Continued) PART I: LAND USE PLAN (Continued) B. Development Policies 1. Tourist Commercial a. Visitor- Serving Functions b. Location of Visitor - Serving Uses c. A Destination Resort d. Enhancement of Inland Views e. Traffic Benefits Deriving from Visitor - Support Facilities 2. Public Access 3. Residential Uses 4. Circulation PAGE 3. RESOURCE CONSERVATION AND MANAGEMENT POLICIES I -3.1 A. Dedication Proaram Reouirements and Procedures 1. Wilderness Open Space 2. Special Use Open Space B. Interim Conservation Management Policies C. Recreation/Open Space Management Policies 1. Irvine Coast Wilderness Regional Park 2. Buck Gully, Los Trancos /Muddy Canyons, and Pelican Hill Areas D. Category "A" & "B" ESHA Policies E. Category "C" ESHA Policies F. Category "D" ESHA Policies G. Archaeological Policies H. Paleontological Policies I. Erosion Policies J. Sediment Policies K. Runoff Policies L. Grading Policies M. Development /Open Space Edges Policies Newpon Com LCP Second Amendmem December 3, 1996 11 CONTENTS (Continued) 4. DEVELOPMENT POLICIES I-4.1 A. Tourist-Commercial Policies B. Golf Course Policies C. Recreation/Public Access Policies 1. Laguna Canyon 2. Planning Areas PA 12G and PA 20C D. Residential Policies E. Transn_ortation/Circulation Policies F. Public Works /Infrastructure Policies PART II: IMPLEMENTING ACTIONS PROGRAM — PAGE PLANNED COMMUNITY DISTRICT REGULATLONS I. INTRODUCTION II -1.1 2. PURPOSE AND OBJECTIVES II -2.1 3. GENERAL PROVISIONS AND REGULATIONS II -3.1 4. RESIDENTIAL PLANNING AREAS II -4.1 5. TOURIST COMMERCIAL PLANNING AREAS II -5.1 6. GOLF COURSE PLANNING AREAS II -6.1 7. RECREATION PLANNING APES II -7.1 8. CONSERVATION PLANNING AREAS II -8.1 9. OFF - STREET PARKING REGULATIONS II -9.1 10. DISCRETIONARY PERMITS AND PROCEDURES II -10.1 11. DEVELOPMENT MAP AND STATISTICAL TABLE REGULATIONS AND PROCEDURES II -11.1 12. DEFINITIONS II -12.1 13. LEGAL DESCRIPTION II -13.1 Newpon Coast LCP Second Amendment December 3, 1996 111 LIST OF EXHIBITS CODE TITLE PAGE A. Location Map 2 B. Topographic Features 5 C. Visually Significant Lands 9 D. Regional Open Space Concept 11 E. Land Use Summary I -1.2 F. Land Use Plan - First Amendment I -1.3* G. Newport Coast Open Space I -1.5 H. Environmentally Sensitive Habitat Areas I -2.4 I. Wilderness Dedication Area I -3.3 J. Pelican Hill Resort Height Zones I -4.3 K. Planning Area 6 Development Edge Treatment I -4.16 L. Newport Coast Drive Alignment I -4.19* M. Newport Coast Drive - Typical Sections I -4.20 N. Pacific Coast Highway - Typical Sections I -4.21 O. Newport Coast Arterial Roadway Phasing Summary I -4.23 P. Residential Entry Road and Residential Streets - Typical Sections I -4.24 Q. Backbone Water Concept I -4.30 R. Backbone Sewer Concept I -4.31 S. Backbone Drainage Concept I -4.32 T. Planned Community (PC Statistical Summary) II -1.2 U. Planned Community (PC Zoning Map) II -1.3 V. Sub - Watershed Areas for Master Drainage and Runoff Management Plan II -3.8 W. Planned Community (PC Development Map) II -11.2* X. Planned Community (PC Statistical Table) II -11.3 Y. Appeal Jurisdiction II -12.2 Z. Buildable Envelope II -12.4 Note: * This page provides a facsimile of the plan or map located in pocket at back of document. Newport Coast LCP Second Amendment December 3. 1996 iv APPENDIX I (Technical Documents Bound under Separate Cover) 1. "California Coastal Commission Findings for LUP Certification;" November 4, 1981. 2. "Pelican Hill Drainage Habitats;" September, 1986. 3. "Resort Hotel Traffic Study;" December 29, 1986. 4. "Irvine Coastal Area Traffic Analysis;" February 23, 1987. 5. "Local Park Implementation Plan: Irvine Coast Local Coastal Program;" July 1987. 6. "Visual Analysis: The Irvine Coast Proposed Land Use Plan Amendment;" July, 1987. 7. "Scenic Highway Implementation Plan: Pacific Coast Highway Viewscape Corridor;" July 1987. 8. "Potential Ecological Influences of the Irvine Coast Planned Community on the Adjacent Marine Environment;" Richard F. Ford, Ph.D.; May 15, 1987. Newport Coast LCP Second Amendment December 3. 1996 v /J7' ► (Technical Documents Bound under Separate Cover) A. Actions /Agency Reports Orange County Board of Supervisors Hearing — June 18, 1996 a. Minutes b. Agenda Item Transmittal 2. Orange County Board of Supervisors Hearing — July 16, 1996 a. Minutes b. Supplemental Agenda Item Transmittal c. Adopted Resolution No. 96 -529 3. California Coastal Commission Hearing — October 10, 1996 a. Staff Report b. Approval Letter to Orange County EMA — October 23, 1996 c. Certification Letter to Orange County Board of Supervisors 4. Orange County Board of Supervisors Hearing — November 19, 1996 a. Minutes b. Agenda Item Transmittal c. Adopted Resolution No. 96 -861 d. Ordinance No. 96 -3974 e. Ordinance No. 96 -3975 B. Orange County Master Plan of Arterial Highways Amendment No. T95 -1 1. Board of Supervisors Resolution No. 95 -561 2. Environmental Management Agency Report 3. Master Plan of Arterial Highways (MPAH) Amendment Traffic Study (June, 1995) C. School Impact Analysis D. Relationship of the Proposed Irvine Coast LCP — Second Amendment to the NCCP Subregional Plan E. Newport Coast LCP — Second Amendment Overview Newpon Cow LCP Second a nendmenr November 19. 1996 vi 1 Resolution of the Board of Supervisors 2 Orange County, California 3 December 3, 1996 4 On Motion of Supervisor Salrarrlli duly seconded and 5 carried, the following Resolution was adopted. 6 WHEREAS, on July 16, 1996, this Board approved the Second Amendment to the Irvine (Newport) Coast Local Coastal Program (LCP) and 7 refinements dated July 16, 1996, including the Implementing Actions Program, for purposes of submittal to the California Coastal Commission, 8 pursuant to its Resolution No. 96 -529; and 9 WHEREAS, on October 10, 1996, the California Coastal Commission considered the Second Amendment to the Irvine (Newport) Coast LCP; and 10 WHEREAS, the California Coastal Commission first denied 11 certification of the Second Amendment to the Irvine (Newport) Coast LCP as submitted, and then identified recommended modifications to it which, if 12 made, would result in certification of the modified Second Amendment to the Irvine (Newport) Coast LCP as being consistent with the California 13 Coastal Act; and WHEREAS, this Board has received and considered the modifications 14 recommended by the California Coastal Commission for the Second Amendment to the Irvine (Newport) Coast LCP, and concurs in those modifications; and 15 WHEREAS, consistent with Resolution No. 96 -529 The Irvine Company 16 (Developer) has executed and provided to the County a copy of an agreement to mitigate the impacts of the project on the Laguna Beach Unified School 17 District (LBUSD) substantially consistent with the terms specified in Resolution No. 96 -529 permitting this Board to take final action on the 18 Second Amendment to the Irvine (Newport) Coast LCP; and 19 WHEREAS, the Developer has consented to the adoption of the Second Amendment to the Irvine (Newport) Coast Local Coastal Program, including 20 Zone Change ZC96 -04, with the modifications recommended by the California Coastal Commission, as a "Future COUNTY Land Use Regulation" governing 21 development of the project pursuant to the terms of paragraph 4.3.1 of the Irvine Coast Development Agreement, recorded in the Official Records of 22 Orange County beginning on page 88- 272903; and 23 WHEREAS, Section 21080.9, Division 13 of the Public Resources Code statutorily exempts the preparation and adoption of a Local Coastal 24 Program and its amendment from California Environmental Quality Act (CEQA) requirements; and 25 WHEREAS, this Board has previously determined that as applied to development within the Irvine (Newport) Coast area, the General Plan makes 26 adequate provision for library, sheriff, fire and paramedic protection, 27 flood control improvements, open space and community parks; and 28 Resolution No. 96 -861 December 3, 1996 Attachment 1: Resolution of the Board of Supervisors Newport Coast LCP — Second Amendment it ine\ lcp \2ndamend \re"dlut \Edredd2.fin 1 2 WHEREAS, the Planning Commission conducted a duly noticed public hearing on November 5, 1996, to consider a proposed Development Agreement 3 amendment and addendum PA950028 recognizing the Irvine (Newport) Coast LCP - Second Amendment as the operative LCP for this area pursuant to 4 procedures established with respect to development agreements; and 5 WHEREAS, the proposed Development Agreement amendment will not subject the County to any additional liability for monetary damages as a 6 result of any assurance or right contained therein or for any other reason; and 7 NOW, THEREFORE, BE IT RESOLVED, that this Board reaffirms its July 16, 1996, action and grants final approval of the Second Amendment to the 8 Irvine (Newport) Coast Local Coastal Program, dated December 3, 1996, which includes Zone Change ZC96 -04 and the modifications recommended by 9 the California Coastal Commission, and adopts the same in accordance with the declarations and findings contained in Board Resolution No. 96 -529; 10 and 11 NOW, THEREFORE, BE IT FURTHER RESOLVED, that based upon the foregoing recitals, which are incorporated herein as findings of this 12 Board, and the following findings, this Board hereby approves the First Amendment to the Irvine (Newport) Coast Development Agreement to be 13 adopted by ordinance concurrently with this resolution: 14 1. The proposed project is covered by the following documents: Orange County Final EIRs 485 and 486, certified on May 4, 1988 and April 15 20, 1988, respectively; City of Irvine FEIR 14539 -GA, certified by the City on March 28, 1995 and recertified by the Board of Supervisors on July 16 28, 1995; and Orange County Negative Declaration IP95 -100 approved by the Board of Supervisors on July 28, 1995 and the California Coastal 17 Commission's action on October 10, 1996 to certify the Irvine (Newport) Coast Local Coastal Program — Second Amendment and accompanying CEQA 18 determinations pursuant to Public Resources Code Sections 21080.5 and 21080.9. Addendum PA950028, which was prepared for the Irvine (Newport) Coast Development Agreement amendment, incorporates the previously 19 certified and approved CEQA documents for the project. Together, the FEIRs, ND and Addendum serve as adequate CEQA documentation for the 20 proposed project and reflect the independent judgment of the Lead Agency. Their Findings and Facts are hereby re- adopted. 21 2. The Development Agreement amendment is consistent with the 22 Orange County General Plan and applicable zoning regulations and procedures since it incorporates the provisions of the Irvine Coast Local 23 Coastal Program and Land Use Regulations, all of which were found consistent with the General Plan when adopted. 24 3. The Development Agreement amendment would maintain the 25 existing General Plan, the Irvine (Newport) Coast Planned Community Development Plan and Land Use Regulations, and other selected ordinances, 26 during the build -out of the project, for the duration of the Agreement. Nevertheless, the Development Agreement would ensure that the County's 27 future discretionary authority in reviewing and processing coastal development permits, site development permits and subdivision maps will be 28 maintained. 2. December 3, 1996 Attachment 1: Resolution of the Board of Supervisors Newport Coast LCP — Second Amendment irvine\tcp\2ndamend\reaoluc\Cdreso2 fin ii 1� 2 3I 4!i 5, I, G� 7' 8I'I 9I1 10 11 12 13 14 w_ o z 0 15 �o V Q V V W 16 _z '00 17 18 19 20 21 22 23 24 25 26 N N O 27 LL 28 Ch(1,4an o SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TQ,THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of Orange County, California of supervisors AYES: SUPERVISORS DONALD J. SALTARELLI, JAMES W. SILVA, AND ROGER R. STANTON NOES: SUPERVISORS NONE ABSENT: SUPERVISORS WILLIAM G. STEINER STATE OF CALIFORNIA ss. COUNTY OF ORANGE ) I, DARLENE J. BLOOM, Clerk of the Board of_Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by said Board at a regular meeting thereof held on the 3rd day of December, 1996, and passed by a unanimous vote of said Board members present. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3rd day of December, 1996. DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California 3. INTRODUCTION LOCAL AND REGIONAL SETTING 1. PURPOSE AND INTENT The Newport Coast Planned Community is a 9,493 acre parcel of land in the unincorporated territory of the County of Orange. The Planned Community is bordered on the north by the City of Newport Beach, on the east by the City of Irvine and unincorporated areas of the County of Orange, on the south by the City of Laguna Beach, and on the west by the Pacific Ocean. The entire Planned Community is within the Coastal Zone as defined by the California Coastal Act of 1976 except for a relatively small sliver of Buck Gully (Recreation Planning Area 11 A) along the community's northwestern edge. The Newport Coast Planned Community is therefore under the land use planning and regulatory jurisdiction of both the County of Orange and the California Coastal Commission. The California Coastal Act of 1976 is incorporated in the California Public Resources Code. The Coastal Act provides for comprehensive planning of coastal areas. Local jurisdictions are required to prepare a Local Coastal Program (LCP) for those areas of their jurisdiction within the Coastal Zone. The LCP is composed of land use plans, zoning ordinances, and zoning regulations. After local adoption of the LCP and its certification by the Coastal Commission, the administration of the LCP is the responsibility of the local jurisdiction. For purposes of developing and certifying an LCP, the coastal zone under the jurisdiction of the County of Orange is divided into separate geographical planning units. The Newport Coast Planned Community is coterminous with The Newport Coast Planning Unit of the Local Coastal Program of the County of Orange. (See Exhibit A.) Newport Coast LCP Second Amendment December 3, 1996 22 FREEWAY AM `�Ji 4D340H N 7x BOLSA CHICA ` a \ _ aMa MOM COASTAL DG�QCCGO BOUNDARY ONE - COQ SANTA ANA HEIGHTS-/ NEWPORT DUNES MEMPORT, ME&CC08 L&QUU, & C3 (EQCCN SOUTH LAGUNA LAGUNA DG^Qn% -° POOHT CAPISTRANO i IT COAST iG UNIT ALISO CREEK ' PLANNING UNIT dQG{� LOC A VOOH MA ° 09@@ nd l ,1 llm ° fled 11m11 � fill � Exhibit A The Newport Coast Local Coastal Program NOT TO SCA� DEM71ba 3,1926 r i The LCP is composed of a Land Use Plan (Part I), and an Implementing Actions Program -- Planned Community District Regulations (Part II). An Appendix to this LCP, containing technical documents identified in the table of contents (see page v) is bound separately. The Irvine Coast LCP Land Use Plan was originally certified by the California Coastal Commission on January 19, 1982; and the LCP First Amendment (Land Use Plan and Implementing Actions Program) was certified on January 14, 1988. The Land Use Plan (LUP) is the general planning and policy component of the LCP. It illustrates the distribution of private and public open space, residential, and commercial uses; identifies the major road network; and sets the overall land use intensity. The Land Use Plan consists of the Land Use Map and summary of the main elements of the Land Use Plan, a description of Coastal Act Consistency in terms of the resources protection program and development policies, and then the Plan's policies in terms of resource conservation and management, and then development. The Implementing Actions Program (IAP) is the implementation program for The Newport Coast LCP and consists of Planned Community (PC) District Regulations, and related provisions, procedures, definitions, and descriptions, including the PC Zoning Map /Statistical Summary; the PC Development Map /Statistical Table, and referenced County of Orange Codes. 2. AREA DESCRIPTION The Newport Coast Planning Unit contains 9,493 acres and is located along the southern coast of Orange County between Newport Beach and Laguna Beach. The Newport Coast generally extends from the Pacific Ocean to the ridge of the San Joaquin Hills. Geographically and topographically, the coastal area of The Irvine Ranch contains five distinct areas: the shoreline, the coastal shelf, gently sloping coastal hills, major canyons, and prominent ridgelines. (See Exhibit B.) Three and one -half miles of meandering shoreline offer a variety of scenic views, recreational opportunities, and marine habitats. The coastline contains both sandy beaches and rocky shores. Nmpon Coast LCP Second Amendmem December 3, 1996 3 Atop the coastal bluffs is a flat shelf extending inland to Pacific Coast Highway. Since most of the shelf between Pacific Coast Highway (PCH) and the ocean is now part of Crystal Cove State Park, this shelf offers significant coastal access and recreational opportunities. Inland from Pacific Coast Highway, in the northwestern portion of the coastal area, sit the gently sloping hillsides and ridges of Pelican Hill and Wishbone Hill. These ridges and hillsides provide the majority of the developable land area outside the coastal shelf. These ridges and hillsides are divided and defined by three major canyon systems which extend perpendicular to the shoreline. Starting at the west, the canyons are Buck Gully, Los Trancos Canyon, and Muddy Canyon. Farther to the east are Moro and Emerald Canyons. The southeastern portion of the coastal area, inland from Pacific Coast Highway, is dominated by three prominent ridges. No -Name Ridge is located between Muddy and Moro Canyons. Moro Ridge extends inland from Moro Hill and, is bounded by Moro and Emerald Canyons. Finally, Emerald Ridge separates Emerald and Laguna Canyons. 3. RESOURCE DESCRIPTION Vegetation (Flora). The Newport Coast includes a number of distinct habitats. Vegetative types include grassland, scrub, chaparral, riparian, and those plants associated with coastal beaches and cliffs. The coastal sage scrub plant community is well represented on the site. The most extensive vegetative growth in the area is the scrub, chaparral, and scrub- chaparral combination cover types. Fish and Wildlife (Fauna). The diversified habitats of The Newport Coast support a faunal complement abundant in both species and individuals. During all or part of the year it can support a variety of species. These include many wildland species, as well as species associated with urban or agricultural habitats. Newport Coast LCP Second Amendment December3, 1996 Q Cityof Newport 7 Beach f j -6� .. ...... ... I StACR )o -7 10 Pelican Point Crystal Cove Reef Moro Cove Peak Q'i ' I r .7 1 Abalone Point menld Irvine Cove ove Wo 0 is U 0 City of , Laguna Beach kOHLUJ Exhibit B The Newport Coast Local Coastal Program IDDO De.. ,3•1996 LEGEND PLANNED COMMUNITY BOUNDARY Ecoloeical Interrelationships. Human activities have had a major impact on the vegetation of the area. The Newport Coast is used predominantly for cattle grazing. The coastal bluffs were farmed for a number of years, but now support naturalized weedy plant species. Brush clearing and herbicide spraying of brushlands have been used to artificially expand the grasslands for improved cattle grazing and to prevent the invasion of brush into "pasture" areas. Grazing itself has precipitated changes in vegetative species composition. Evidence of overgrazing (the presence of artichoke thistle and an abundance of cactus) is found in some locations in the area. As with other California grasslands, native perennial grasses have been replaced by introduced (naturalized) annual species. A diversity of wildlife species is supported in the area. The number and diversity of species are enhanced by the presence of ecotones (edges between one habitat type and another) created by the variation in habitats, the small area covered by many of the habitat stands, and the mix of stands. The vegetation and wildlife are continuous with adjacent similar areas. The beach and cliff portion, however, is a separate entity; interaction between inland and coastal flora and fauna is minimal. Wildlife utilizes natural features such as wooded canyons and ridgelines and man -made features such as roads and firebreaks. Water is available year -round for wildlife use in the form of seeps and springs in some canyon bottoms, and stock watering tanks on the ridges. Marine Resources. The 3.5 -mile shoreline of The Newport Coast is a series of coves with sandy beaches, interspersed with areas of rocky shore and headlands. Offshore, the sedimentary bottom is interrupted by jagged, rocky reefs extending from the intertidal zone to depths of 40 to 50 feet. Rocky outcroppings also occur at depths of 60 to 600 feet. The flora and fauna of these areas are highly diversified, particularly the rocky intertidal areas and the offshore kelp bed community. In 1971, The Newport Coast shoreline was designated by the California Department of Fish and Game as The Irvine Coastal Marine Life Refuge. It is the largest marine life refuge in California - - approximately 20,000 feet in length and 600 feet wide (i.e., 600 feet seaward of the "Line of Ordi- nary High Tide "). This area received its refuge status in order to protect and preserve the tide pools from excessive, consumptive public use. The area has been listed as a potential educational reserve Newport Coast LCP Second Amendment December 3. 1996 6 in the California Comprehensive Ocean Area Plan (California Department of Navigation and Ocean Development, 1972) The Irvine Coastal Marine Life Refuge has been designated by the California State Water Resources Control Board as an Area of Special Biological Significance. The rationale for this designation includes the offshore kelp bed and the offshore reefs and pinnacles, which support a rich and diversified flora and fauna. Paleontological Resources. The great bulk of The Newport Coast Planning Unit is underlain by marine sedimentary rocks of Miocene age. These include units of the Vaqueros Formation, the Topanga Formation, the San Onofre Formation, and the Monterey Formation. On a sensitivity scale of 1 to 10 (1 = lowest; 10 = highest), the Miocene rocks are rated from 6 to 8, and are considered to be of high -order paleontological significance. Along the coast on both sides of Pacific Coast Highway, marine terrace deposits of late Pleistocene age are present. These deposits consist of silt, sand, and gravel and have yielded important fossils from a number of localities. These deposits are considered to be of high -order (9) paleontological significance. Archaeological Resources. Nine separate archaeological surveys have been conducted within The Newport Planning Unit. Approximately 74 archaeological sites have been recorded Historical Resources. Historical resources are defined as items, deposits, structures, and foundations which have either local, State, or national historical significance and are generally older than 50 years. One Historical District has been identified at Crystal Cove within the State Park and for which the Park was named. Placed on the National Register of Historic Places as an Historical District in 1979, Crystal Cove consists of a small coastal resort community of some 44 cottages built during the 1920's and 1930's. Visual Resources. The Newport Coast can be divided into two visual zones: coastal plain and coastal hills. The coastal plain, while relatively small compared to the entire project area, is the most important visual resource because of the proximity and compelling presence of the ocean. Nmport Coast LCP Second Amendment December 3. 1996 7 The balance of the area is typical California coastal hills. The most common visual experience is the overlapping and multiple infoldings of canyons and ridges that describe the horizon. The most significant visual resources which can be seen from Pacific Coast Highway are the ocean and landforms identified on Exhibit C. In all situations, the ocean is the dominant visual resource. 4. REGIONAL OPEN SPACE SETTING From a regional perspective, the extensive open space areas of The Newport Coast described in the following Land Use Plan will work in concert with a series of other dedications and land uses to create a regional greenbelt comprising over 18,000 acres of land. In addition to the 7,343 acres of open space and recreation lands within The Newport Coast, the ultimate regional open space system will include the following elements: • Laguna /Laurel Canvons Regional Park Area:' 1,300 acres comprising the Laurel Canyon and the Laguna Canyon ridge will be dedicated by The Irvine Company in conjunction with the development of The Laguna Canyon Village Planned Community. • Laguna Canvon Golf Course:' An 18 -hole golf course will be built immediately adjacent to the Laguna Canyon dedication area. • Svcamore Hills Linkaee:2 A 370 -acre area has been acquired by the City of Laguna Beach as part of the regional open space system. Approximately 1,400 acres of Laguna Canyon Ridge and adjacent areas, including three natural lakes, have been purchased by the City of Laguna Beach and are being managed by the County of Orange as part of the Laguna Coast Wilderness Regional Park. z Sycamore Hills Park is owned by the City of Laguna Beach and is being managed by the County of Orange as part of the Laguna Coast Wilderness Regional Park. Nmpon Coast LCP Second Amendment December 3, 1996 8 r City of Newport ...y. Beach IN i at Peak C L '144 t_ t > V 0 I'F i X, 7, � �0 0 T., 'o f I.N. 0 Pelican 0, Point N Lower', _Wi�h . t)ane� . Crystal -0 Cove X'Y MQfo fl R of Point Hill r Moro Cove Abalone Poin 4 Irvine Cove ilia City of 7!�w MRUZ��LLV 9`H2M1RC&H7 U,...."M. E�`tgcn Laguna LO Beach aw(md Z%fffl(@ndM(@M Exhibit C The Newport Coast Local Coastal Program a 2= 0 Dew=erl 1W6 LEGEND F—�- PLANNED COMMUNITY BOUNDARY VISUALLY SIGNIFICANT LANDS VIEW FROM COAST HIGHWAY • Aliso /Wood Canyons Re¢ional Park Area:' 5,400 acres have been dedicated by the Aliso Viejo Company and other land owners as part of a land development program. Exhibit D shows how these areas combine to form a continuous, highly diverse open space preserve of regional significance. Crystal Cove State Park and The Irvine Coast Dedication Area should be viewed in the regional context of this system, particularly in terms of their function as the critical link between inland areas and the coast. Aliso /Wood Canyons have been dedicated by the Mission Viejo Company and other landowners as part of the Aliso Viejo development program and are included as part of the County's Laguna Coast wilderness Regional Park. Neupon Coast 1.CP Second Amendment December 3. 1996 10 REMONAL OPEN SPACE COO NCEPT- sawa`=' MQM M&M Exhibit D The Newport Coast Local Coastal Program v'—'r® De .w,9, 1996 LAND USE PLAN CHAPTER 1 MAIN ELEMENTS OF THE LAND USE PLAN The Land Use Plan for The Newport Coast LCP consists of maps, policies, and supporting text organized under three subsequent chapter headings: Coastal Act Consistency and Overall Findings and Conclusions, Resource Conservation and Management Policies, and Development Policies Zoning and subsequent actions by the County must be consistent with the policies contained in the adopted County of Orange General Plan. The Newport Coast Land Use Plan is consistent with the General Plan, and contains some land use descriptions and policies which are more specific and apply exclusively to The Newport Coast. The Land Use Plan for The Newport Coast recognizes the special qualities of the land, and the need for protection of the environment and sensitive utilization of coastal resources. It proposes land uses, open space, and resource protection which, on balance, are the most protective of the environment, the public interest, and private property rights. As such, it meets the intent of Section 30007.5 of the California Coastal Act of 1976. A. OPEN SPACE The centerpiece of the Land Use Plan is open space lands which comprise over 77% of the entire Newport Coast. The Newport Coast will have approximately 4,989 acres of land in recreation use, including Crystal Cove State Park, Buck Gully, Los Trancos and Muddy Canyons, and several smaller parcels. The California Coastal Commission has already approved a separate Public Works Plan for Crystal Cove State Park which is consistent with this Land Use Plan. In addition, 2,000 acres of Conservation land, including the lower portions of Boat and Emerald Canyons, will be dedicated to the County of Orange in a phased program as part of the County's Irvine Coast Wilderness Regional Park, linked to the development of Residential, Golf Course, and Tourist Commercial uses. Neupon Coast LCP Second Amendment December 3. 1996 EXHIBIT E SECOND AMENDMENT LAND USE SUNIMARY Newport Coast Local Coastal Pro¢ram LAND USE CATEGORY RESIDENTIAL: Low Density Medium -Low Density Medium Density High Density SUBTOTAL COMIViERCIAL: Tourist Commercial SUBTOTAL OPEN SPACE: Golf Course Recreation and Parks Conservation SUBTOTAL TOTAL - ALL LAND USES PLANNING AREAS 6, 7A, 7B 5, 9 1B, 2A, 2B, 2C, 3A, 3B, 4A, 4B IA, 1C, 8 13A, 13B, 13C, 13D, 13E, 13F, 14, 20A IOA, IOB IIA, IIB, 12A, 12B, 12C, 12D, 12E, 12F, 12G, 12H, 12I, 12J, 17, 18, 19, 20B, 20C 21A, 21B, 21C, 21D, 16A, 16B GROSS ACRES' 130 201 1,296 246 1,873 ACRES 277 277 ACRES 3542 4,989 2,000 7,343 ACRES 9,493 ACRES 1 All acreages are approximate and include roads and arterial highways. In addition to the 354 acres in Golf Course Planning Areas PA 10A and PA IOB, the two 18 -hole golf courses and practice facility encompass an additional 74 acres within Tourist Commercial Planning Areas and 27 acres in Residential Planning Area PA 9 for a total of 455 acres devoted to golf course use. Newport Coast LCP Second Nnendmcm December 3, 1996 1-1.2 L Cfty oi = Low DENSITY RE&DENnAL (aQ) FM-7L MEMMUM DENSITY RIESIDENTIAL (24W F-H7 mEmm DearTy RESIDENTIAL (&"A Newport Beach HIGH DENSITYRESIDENTIAIL (6.5-18) M 2 GOLF COURSE FT,97 TOURISTOOMIVIERCIAL O to CONSERVATION L 2C p5� U I OA 2A A 12G I B NL 21D M 1A 5 VC 13D I C 12A , I 0 11B /NL 1QA 9 13F 12E 4A Pelican Point 17 128 IN 1 92 17 W aA 48 12C 4A is Crystal cove 'CRYSTAL COVE,STATE PARK N 3B 17 I '1�11 2J Red Point 12F 21C 210 Mom Cove Abalone Point I @ i 21A City of Laguna Beach UHID USIE FILM Amndun@M Exhibit F The Newport Coast Local Coastal Program 1.7 M5 DeCWrbff3.1M LEGEND = Low DENSITY RE&DENnAL (aQ) FM-7L MEMMUM DENSITY RIESIDENTIAL (24W F-H7 mEmm DearTy RESIDENTIAL (&"A ® HIGH DENSITYRESIDENTIAIL (6.5-18) GOLF COURSE FT,97 TOURISTOOMIVIERCIAL O RECREATION CONSERVATION = LAND USE DESIGNATION f—Q-B PLANNINGAREANUMBEIFI CQASTALZDNEBWNDARY PLANNED commuNirrysaiNDARY F=:; PLANNING AREA BOUNDARY Of the 9,493 acres within The Newport Coast, 7,343 acres are to be devoted to open space and recreation uses (see Exhibit G): i • State Park (2.807 acres)tVirtually the entire area on the ocean side of Pacific Coast Highway and the watershed of Moro Canyon inland of Pacific Coast Highway form Crystal Cove State Park. This area is now open to public use. (See Exhibit G, Legend Item 1.) • Wilderness Oven Space Dedication Area (2.666 acres): As land is developed in The Newport Coast, a program of phased dedications will transfer large areas of undeveloped land to the County. These areas will remain in Conservation and Recreation uses. (See Exhibit G, Legend Item 2.) • Special Use Open Space Dedication/Recreation Areas (1.505 acres): Extensive areas of land within the development zone will remain in open space. A total of 1,176 acres, including Buck F Gully, Los Trancos and Muddy Canyons, will be dedicated to the County as development proceeds; while 306 acres along the frontal slopes of Pelican Hill and Wishbone Ridge, the recreation areas adjacent to Muddy Canyon will have only limited improvements for Recreation use. (See Exhibit G, Legend Item 3.) The 14 -acre El Morro Elementary School and 9.0 -acre Laguna Beach County Water District sites are existing facilities. • Golf Course (3542 acres Two 18 -hole golf courses at Pelican Hill form the centerpiece of the t destination resort and provide a greenbelt buffer between overnight/resort accommodations and Pacific Coast Highway. (See Exhibit G, Legend Item 4.) I Sale and dedications of Crystal Cove State Park completed. In addition to the 354 acres in Golf Course Planning Areas I0A and 10B, the two 18 -hole golf courses and practice facility encompass an additional 74 acres within Tourist Commercial Planning Areas and 27 acres in Residential Planning Area 9, for a total of 455 acres devoted to golf course use. Newpon Coast LCP Second Amendment December 3, 1996 I -1.4 t"t mac, • e 'c C 0 Pelican Point f y by Crystal Cow 3 Reef Point P A C I F I C O C E A N 2 y , i ' � I I ` 3 F� Moro Cave '�•. � � '"% _: ... Abalone Point 2 HIEWPOO G�7 QMV OpM OQOC 3@@@nd QffRQndffR@1rM The Newport Coast Local Coastal Program LEGEND ( CRYSTAL COVE STATE PARK © DEDICATION AREAS © OTHER OPEN SPACE ® GOLF COURSE COASTAL ZONE BOUNDARY 0 PLANNED COMMUNfTY BOUNDARY 0 DRAINAGE COURSE Laguna 1�3eac+, Exhibit G rMN—r.T=.. o December 3. 19% B. TOURIST COMMERCIAL i Consistent with the strong Coastal Act emphasis on visitor - serving recreation, the lower slopes of r Pelican Hill will be developed as a major destination resort area. The resort will consist of two 18- hole golf courses, overnight/resort accommodations, and recreational and commercial facilities. The golf course will extend the open space of the State Park inland across Pacific Coast Highway (PCH), creating a continuous greenbelt from Corona del Mar to Los Trancos Canyon. Visitor- serving uses are set back from the highway and are buffered by the golf courses. In addition, two visitor - serving F. facilities are partially screened from view by intervening landforms. At Pacific Coast Highway and Muddy Canyon, adjacent to the inland portion of the State Park, a hotel and small retail area will provide additional visitor - serving uses at the coast. One small site in Laguna Canyon is intended for a small -scale facility. C. GOLF COURSES /GREENBELT Two 18 -hole golf courses are the focal point for the frontal slopes of Pelican Hill, providing ; approximately 3541 acres of open space greenbelt adjoining Pacific Coast Highway. The golf courses /greenbelt complement the State Park and extend open space uses into the inland side of PCH, thereby preserving views of the coastal ridges from PCH and Crystal Cove State Park, and views toward the ocean from Newport Coast Drive. r D. RESIDENTIAL Residential development will be limited to a maximum of 2,600 dwelling units. Compliance with the County's Housing Element will be demonstrated in a Housing Implementation Plan. Clustering of residential units will preserve open space, reduce grading impacts, and enhance the compatibility of private development with public open space. 1 In addition to the 354 acres in Golf Course Planning Areas PA 10A and PA 10B, the two I8 -hole golf courses and practice facility encompass an additional 74 acres within Tourist Commercial Planning Areas and 27 acres in Residential Planning Area PA 9, for a total of 455 acres devoted to golf course use. t Ncwport Coast LCP Second Amendment December 3. 1996 1 -1.6 E. CIRCULATION There is a hierarchy of roadways which will serve The Newport Coast. These include the regional freeway and highway network, subregional arterial highway network, and local collectors. Newport Coast Drive is designated as a major arterial (six lanes) on the County of Orange Master Plan of Arterial Highways, as is Pacific Coast Highway through portions of The Newport Coast Area. Laguna Canyon Road, which exists along the easterly boundary of The Newport Coast Area, is master planned as a primary arterial (four lanes). Outside the coastal zone, the regional network providing access to The Newport Coast includes segments of both the Federal Interstate Freeway System as well as the State Highway System. Presently, the only direct access is provided by Pacific Coast Highway' (SR 1). PCH is currently subject to heavy levels of traffic during commuting hours, which is primarily a result of traffic diverting to avoid the congested I -5 and I -405 Freeways. South of The Newport Coast, in the City of Laguna Beach, Pacific Coast Highway connects to inland areas via Laguna Canyon Road/ Laguna Freeway (SR 133). North of The Newport Coast, in the City of Newport Beach, Pacific Coast Highway connects to inland areas via MacArthur Boulevard (SR 73), Jamboree Road, and Newport Boulevard /Costa Mesa Freeway (SR 55). These routes, in turn, provide connection to the San Diego Freeway (I -405) and the Santa Ana Freeway (I -5). Major additions to the regional network includes the extension of the Costa Mesa Freeway and the San Joaquin Hills Transportation Corridor which will provide direct access to the inland edge of The Newport Coast planning areas. F. PUBLIC WORKS /INFRASTRUCTURE The Newport Coast Planning Unit is entirely within the Irvine Ranch Water District (IRWD) except for a limited portion of the dedication area and two small residential areas which are within the Laguna Beach County Water District. The area generally west of Muddy Canyon is within IRWD Improvement District Number 141, while the area generally east of Muddy Canyon is within IRWD Improvement District Number 142. Coastal access is provided by Newport Coast Drive, San Joaquin Hills Road and Pacific Coast Highway. All LCP designated road improvements, including the widening of Pacific Coast Highway have been completed. Neryon Coast LCP Second ,Amendment December 3, 1996 I -1.7 Sewer service will be provided by a combination of agencies. The area west of Muddy Canyon is within Orange County Sanitation District (OCSD) Number 5. At the time that this area was annexed to OCSD Number 5, IRWD agreed to provide local sewer service and collection, and OCSD Number 5 agreed to provide regional sewage collection, transmission, and treatment. The area east of Muddy Canyon will be served by IRWD through the Aliso Water Management Agency. Newport Coast LCP Second Amendment December 3, 1996 CHAPTER 2 COASTAL ACT CONSISTENCY AND OVERALL FINDINGS AND CONCLUSIONS Among the primary goals of the Coastal Act are the protection of coastal resources and provision of public access to the coast. The Legislature also recognized that conflicts might occur when carrying out all of the Act's policies. The Legislature, therefore, established a "balancing" test. This test allows the Coastal Commission to approve a plan which, although it may cause some damage to an individual resource, on balance is more protective of the environment as a whole (Public Resources Code Section 30007.5). Public acquisition of large, continuous open space areas is recognized as a superior means to guarantee the preservation of coastal resources such as vegetation, wildlife, and natural landforms, and to create new public access and recreation oppor- tunities rather than preserving small pockets of open space surrounded by development. The Newport Coast Plan strikes a balance in two ways which are consistent with the intent of the Act. First, a substantial portion of the area is designated for preservation in its natural state. Second, policies have been developed to address a wide range of issues in areas of The Newport Coast designated for development and to mitigate potential adverse impacts. (See also "California Coastal Commission Findings for LUP Certification ", November 4, 1981, in Appendix 1.) A. RESOURCES PROTECTION PROGRAM 1. OPEN SPACE DEDICATION PROGRAMS The purpose of the Open Space Dedication Programs is to protect certain specified coastal resources and to offset adverse environmental impacts in residential development areas which will not otherwise be mitigated. Permanent protection and preservation of major canyon water- sheds, visually significant ridgelines, stream courses, archaeological and paleontological sites, riparian vegetation, coastal chaparral and wildlife habitat is provided by dedication to a public agency (the County of Orange or its designee). Environmental impacts to be mitigated by the dedication programs include habitat and archaeological impacts caused by residential development and road improvements on Pelican Hill, habitat impacts on Los Trancos Canyon, Newport Cour LCP Second Amendment December 3. 1996 1-2.1 l Buck Gully, and Muddy Canyon caused by the construction of Newport Coast Drive, public view and use impacts caused by residential construction in the Pelican Point area and adjacent r to Crystal Cove State Park, and scenic resource impacts caused by golf course and tourist commercial development on the frontal slopes of Pelican Hill and Lower Wishbone. r Large -scale master planning and dedication programming for The Newport Coast enables the n permanent protection of large, contiguous open space areas rather than the protection of smaller, discontinuous habitat areas that might result from a project -by- project site mitigation approach. A much greater degree of habitat and open space protection can be achieved by dedication programs that assemble large blocks of habitat area contiguous to Crystal Cove State Park than would be possible with project -by- project mitigation measures. (Coastal Commission Appeal No. 326 -80, Broadmoor, Page 18.) While specific mitigation measures are being included for potential impacts within or near the areas development e. p ( g., erosion control measures), the primary mitigation measure for impacts ; not avoided is the phased "Wilderness" Open Space Dedication Program. In addition, significant additional habitat protection and development mitigation will be accomplished with the dedication of large areas of Los Trancos Canyon, Buck Gully, and Muddy Canyon through the "Special Use" Open Space Dedication Program. Consistent with Coastal Act Section 30200, most of the more significant Environmentally Sensitive Habitat Areas (ESHA's) are located within, and will be protected by, conservation and recreation land use categories. The Land Use Plan recognizes that the preservation of these particular resources and the Open Space Dedication Programs are more protective of coastal resources than the protection of more isolated and relatively less significant habitat areas within designated residential and commercial development areas. Hence the potential loss of any ESHA's through development is offset by the Open Space Dedication Programs. The potential loss of any ESHA's through the construction of public facilities such as arterial highways is offset by the coastal access benefits derived from these roadways as well as the Open Space Dedication Programs. Nmpon Coast LCP Second. cndmen[ December 3, 1996 1 -2.2 In accordance with Section 30007.5 of the Coastal Act, the major Open Space Dedication Programs creates the balance which allows the completion of the residential and commercial land uses. 2. ENVIRONMENTALLY SENSITIVE HABITAT AREAS For purposes of Section 30107.5 of the Coastal Act, natural drainage courses designated by a dash and three dot symbol on the USGS 7.5- minute series map, Laguna Beach Quadrangle, dated 1965 and photo- revised 1972 (hereafter referred to as "USGS Drainage Courses "), riparian vegetation associated with the aforementioned drainage courses, coastal waters, wetlands, and estuaries are classified as "Environmentally Sensitive Habitat Areas" (ESHA's). The habitat value along the length of individual drainage courses and among different drainage courses is not equal. The habitat value of the coastal waters is different from that for drainage courses. Based on biological studies, (see biological inventory, Appendix H -1, Final EIR 237 and Pelican Hill Drainage Habitat, LCP Appendix Item 2) four categories of ESHA's have been created to differentiate habitat values as shown on Exhibit H. a. ESHA Category A: USGS Drainage Courses with associated riparian vegetation which contain the most significant habitat areas in The Newport Coast are designated as ESHA Category A, are subject to the most protection, and are located entirely within the Recreation and Conservation land use categories. To assure their long -term protection and as a means of providing a unique park setting for future residents of The Newport Coast and of the region, portions of Buck Gully and Los Trancos and Muddy Canyons, will be dedicated to the County of Orange in accordance with policies of this LUP. Public access to these areas will be via linkages with the Newport Coast Drive Trail System, Los Trancos parking lot, and the Crystal Cove State Park Trail System. Newport Coast LCP Second Amendment December 3. 1996 I -2.3 City of Nev.'PM Beach `•• .� °St_ 11A A1Bra j 35 130 1C 104 c, O9 130 e* 4 134 PalicanPOxi(..: 17 108 0 °00 7, o0 34 Crystal Reef Po P A C I F I C 0 B n 12A 4A , 2C g 1 I 1 i I 5 1 ti � 8'' I oc�ooO° ; C+o °° aa1.08o0000° ; 1 c; o . 12E �0� C� 000 � 9 OO 48 °w° 12G x,000 °08..• fl I '•..b0 Crystal C7' 117 late Park 01 30 ° 8 8 ° °(�12J Z1C 14 ° EVOLFFNOV U EVYALL L BEHOO70WE (� FA7 % GE S ° The Newport Coast Local Coastal Program LEGEND CATEGORY A -DRAINAGE COURSEMIPARL N VEGETATION CATEGORY B - DRAINAGE COURSE 0 CATEGORY C - COASTAL WATERS 0 CATEGORY D - DRAINAGE COURSE F COASTAL ZONE BOUNDARY 0 PLANNED COMMUNITY BOUNDARY F=� PLANNING AREA BOUNDARY ® PANNING AREA 7A n 1 S 0 0° o° °o 000000° •••�- 0o 0 O 18A o° 18 0 21A .. i � n 21B 4 �g 0 00 204 121�o ••••�.�• y .. .9 Mawr, Exhlbft H December 3. 1996 i Note: Category D ESHAS hate been deleted in areas wiM pmA usly appraed Coastal Daebprnent Permits as Permitted by lard use pofdes and mitigated by the Rparian Habitat Creation Program. { Nine surface water sources have been identified (refer to EIR 237, Figure 25) in Buck Gully, Los Trancos, Moro, and Emerald Canyons. All nine water sources come from natu- ral seeps, although two of the three sources in Buck Gully are probably augmented by percolating irrigation runoff from adjacent development. Flow from all nine seeps occurs all or most of the year during average rainfall years, although downstream flow may be very limited. These USGS Drainage Courses are the most significant ESHA's in The Newport Coast because they contain all of the following habitat characteristics: 1) standing or flowing water all or a significant part of the year; 2) a definitive stream bottom (i.e., defined banks with a sandy or rocky bottom); and 3) adjacent riparian vegetation lining the water course. b. ESHA Category B: USGS Drainage Courses which contain water flows only when it rains and support only small amounts of riparian vegetation, are designated as ESHA Category B. These areas have relatively less habitat value and except for the ESHA Category B located within Planning Area 4A are located in Recreation and Conservation land use categories. C. ESHA Category C: The coastal waters along The Newport Coast -- ESHA Category C -- have been designated as both a Marine Life Refuge and an Area of Special Biological Significance. They contain near shore reefs, rocky intertidal areas and kelp beds, and are located primarily within Crystal Cove State Park. The State Department of Parks and Recreation will be responsible for providing protection for tidepools and other marine resources from park users. Protection of water quality is provided by the Runoff Policies. NJ pon Coast LCP Second Amendment December 3. 1996 I -2.5 d. ESHA Cateeory D: l ESHA Category D designates USGS Drainage Courses which are deeply eroded and of little or no riparian habitat value. They are located in Residential and Commercial land r e use categories and two specific Recreation sites. Typical vegetation includes elderberry, arroyo, coastal scrub, and annual grassland. These drainage courses are often incised as a result of erosion, resulting in rapid runoff and very steep narrow sideslopes generally incapable of supporting riparian habitat. Development will impact most of these ESHA's. The Open Space Dedication and Riparian Habitat Creation Programs will mitigate development impacts. r 3. RIPARIAN HABITAT CREATION PROGRAM i v Golf course and visitor - serving development in PA 10A, PA IOB, PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, and PA 13F will modify drainage courses that are presently degraded. Any { habitat impacts resulting from drainage course modifications will be mitigated by the Riparian F- Habitat Creation Program and the Open Space Dedication Programs. 4. EROSION CONTROL AND URBAN RUNOFF The primary measure for minimizing potential erosion and urban runoff impacts is the permanent preservation in open space of over 77% of The Newport Coast. Additionally, specific development standards assure that, to the extent feasible, unavoidable impacts within the development areas are mitigated. The major objective of the Erosion and Urban Runoff Management Policies for The Newport Coast is to assure that erosion and runoff rates do not significantly exceed natural rates, while at the same time assuring sand replenishment provided within the coastal watershed is maintained (The Newport Coast littoral "cell" is limited and partially dependent on the local watershed for sand replenishment.) Newport Coast LCP Second Amendment De¢mbe,3, 1996 I -2.6 Marine water quality will be protected by directing runoff to natural drainage courses such as Los Trancos Canyon, Buck Gully, and Muddy Canyon, through the use of landscaped drainages in the golf course (including the new riparian habitat area), and by means of erosion control techniques to slow runoff so that habitat areas are protected from flows significantly in excess of natural rates of flow. Additional control of non -point sources will be implemented if necessary to comply with State, regional and County standards. These measures may include street - sweeping, catch basin cleaning, efficient landscaping practices, and control of chemical applications. 5. VISUAL QUALITY The Coastal Act requires that new development be sited and designed in such a way as to protect views to and along the ocean and scenic coastal areas (Section 30251). The visually significant lands and primary public views in The Newport Coast are depicted on Exhibit C and Appendix Item 6. The policies and land uses of The Newport Coast LUP reviewed below, in association with the State Park purchase and private donations, address "visual quality" in a comprehensive manner and protect views of each of the major landforms depicted on Exhibit C. Additionally, the creation of the golf course greenbelt enhances the visual qualities of the frontal slopes of Pelican Hill by providing year -round greenery and by providing a scenic foreground for the visitor- serving areas. a. Views from PCH toward the Ocean! The original 1976 Irvine Coast LUP had proposed visitor - serving uses on the coastal shelf between PCH and the ocean. In order to accommodate the objectives of the California Department of Parks and Recreation (State Parks) and in response to community concerns, the proposed overnight/ resort accommodations were relocated inland to the Pelican Hill area (PA 13A and PA 13B). As a consequence, Crystal Cove State Park now comprises the most extensive area of open coastal shelf, visible from PCH, between Newport Beach and Camp Pendleton. Ncwpon Coast LCP Second Amendment December 3. 1996 I -2.7 Additionally, The Irvine Company is funding and implementing a landscape program under State Parks' direction that will attempt to screen views of the State Park parking lots from PCH while still preserving views of the ocean and enhancing the major entries into Crystal Cove State Park at Pelican Point and Reef Point. This landscaping program has been r implemented in conjunction with the coastal permit for The Irvine Company's Irvine Cove Crest development. i b. Views from the Moro Ridge Area of Crystal Cove State Park: a- Following the State Parks' acquisition of the coastal shelf and Moro Canyon, The Irvine Company donated Moro Ridge to State Parks. This gift to the State of California preserved the dominant backdrop for inland views from PCH and the coastal shelf, and also provided a major public recreation use area. P In addition to the scenic benefits of protecting the ridge itself, dramatic downcoast views { from the ridge toward Laguna Beach will be protected by the Open Space Dedication Programs. As a result, the downcoast viewshed visible from Moro Ridge will be preserved t and direct views of the ocean from the ridge will be unobstructed. c. Views Inland from PCH and the Coastal Shelf: The golf courses on the frontal slopes of Pelican Hill will play a central role in scenic protection, creating a greenbelt which complements the open space area of the coastal shelf on the ocean side of PCH. They will preserve the character of the lower knolls on the frontal slopes, the most visible landform and dominant feature of the hillside from PCH and the coastal shelf. They will provide a greenbelt setting for the visitor - serving use while at the same time serving as a setback for tourist commercial areas from PCH. Finally, the golf courses will open views of the inland ridge between Cameo Highlands and i Newport Coast Drive, and enhance the sense of arrival at the coast when emerging onto the coastal shelf from Corona del Mar. Newport Coast I.CP Second Amendment December 3. 1996 1-2.8 d. Views from Newport Coast Drive: Views from Newport Coast Drive vary dramatically as the roadway begins to descend from the ridge toward the coast. The Plan has been designed to emphasize selected views of Los Trancos Canyon; views of the ocean upcoast toward Newport Beach and framed by the golf courses; and the sense of arrival at the destination resort and at the coast immediately across Pacific Coast Highway. B. DEVELOPMENT POLICIES 1. TOURIST COMMERCIAL a. Visitor - Serving Functions: Section 30222 of the Coastal Act requires that "the use of private lands suitable for visitor - serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general residential or general commercial development...." Section 30223 of the Coastal Act provides that "upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible." The Newport Coast Land Use Plan carries out these policies by providing major day -use and overnight/resort facilities in close proximity to Crystal Cove State Park and, in particular, at locations in close proximity to the major beach areas. The Plan also provides tourist commercial areas which not only will fill a long -term need but will provide facilities that cannot be provided by the State Park. Due to existing mobile homes and cottage leases in the Moro and Crystal Cove areas, recreational facilities required to support park use will be severely limited until the leases are terminated. The proposed Newport Coast visitor - serving facilities will fill this gap in services. By providing substantial day -use services (e.g., restaurants, food facilities, etc.) within walking distance of the beach, the need for construction of extensive support services on Newport Coast LCP Second Amendment December 3. 1996 1 -2.9 State Park land seaward of Pacific Coast Highway will be substantially reduced. This not only carries out Section 30223 of the Coastal Act but also furthers the goals of Section 30221 by diminishing the need for construction of facilities in the viewshed from the highway toward the ocean. In this way, more of the coastal bluff park area can be used z for actual recreational use pursuant to Section 30221 of the Coastal Act. § l.t b. Location of Visitor - Serving Uses: r The Coastal Act provides for locating visitor - serving facilities at "selected points of attraction for visitors" (Section 30250(c)). In addition to day -use needs, projections of i commercial recreation needs indicate a significant demand for new overnight/resort facilities (e.g., the figures cited in the Dana Point Specific Plan) which will be fulfilled by the provision of overnight/resort accommodations. On the entire Orange County coastline, only one other undeveloped area remains with the significant potential for accommodating t visitor - serving uses (i.e., Dana Point Headlands). Thus, The Newport Coast is one of the few remaining areas where commercial recreation can be provided, and is the only site with convenient pedestrian access to a State Park. c. A Destination Resort: In furtherance of Coastal Act Sections 30222, 30223, and 30250(c), The Newport Coast LUP is structured to create the setting for a "destination resort ". Unlike an individual hotel or a lodge oriented to attract a particular type of clientele, a destination resort is designed to provide a broad range of accommodations and recreational facilities which combine to create a relatively self - contained, self - sufficient center for visitor activities. By providing on -site recreational facilities, the destination resort will attract longer term visitors, as well as those staying only a few days. As a consequence, accommodations may range from hotel rooms to "casitas" and other types of lodging containing kitchen facilities and room combinations to serve guests staying for a variety of time periods. ( Casitas are overnight/resort lodgings consisting of multiple bedrooms that may be rented separately and which may connect with a central living area that may include cooking facilities.) Traditional hotels with guest rooms may combine with individual studio, one bedroom and Nmpon Coast LCP Second Amendment December 3. 1996 1 -2.10 i multiple bedroom units to offer a spectrum of accommodations to suit varying lengths of stay, family sizes, and personal preferences Recreational amenities within the resort will include golf course(s), beach access, swimming pool(s), tennis courts, health spa(s), and other facilities. Commercial retail uses and a variety of restaurants will serve the needs of guests and day -use visitors and help create a setting and sense of place for an active resort community. Meeting rooms and conference space and facilities will be included to serve group activities. The destination resort planned for Pelican Hill has the potential for serving a much broader range of visitors than hotel developments recently completed in southern Orange County and in other coastal areas such as Long Beach. By providing facilities capable of serving families and other types of users who may wish to stay for several days or more, the destination resort will function in a manner comparable to major resorts in Hawaii, Colorado ski areas, Lake Tahoe, Silverado in the Napa Valley, and Sun River in Oregon. The inclusion of overnight/resort accommodations which can provide multiple. bedrooms and also contain kitchen facilities allows for family use in ways that are not generally accommodated in traditional hotels. Because food costs are a significant aspect of family travel costs, the ability to prepare meals within the accommodation and to provide facilities for children creates a type of overnight/resort facility used in other settings on the California Coast such as Monterey Dunes Colony in Monterey County, Pajaro Dunes in Santa Cruz County, and Sea Ranch in Sonoma County. Likewise, these types of accommodations can be more attractive to other long -term visitors than are traditional hotel rooms. Presently there is no true destination resort on the Orange County coast which complements the visitor attractions provided by local beaches and the communities of Laguna Beach and Newport Beach in a manner comparable to Pebble Beach in Monterey. The Pelican Hill destination resort will provide a golf course "greenbelt ", vistas of the ocean, access to the beach, and a wide variety of accommodations; all of which combine to carry out the strong Coastal Act policies of supporting visitor use of the coast. Newpon Coast MCP Second Amendment December 3. 1996 I —'2. 1 1 d. Enhancement of Inland Views: F_ The creation of a destination resort at Pelican Hill also serves as a means of enhancing z inland views. The combination of Planning Areas PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, and PA 13F as an integral component of the golf course /visitor - serving complex provides the development basis for shifting residential areas off the Pelican Hill foreslopes f� onto the Pelican Hill ridgetop. Thus, the shift in land use from estate residential uses, contained in the 1981 Irvine Coast Land Use Plan, to a destination resort makes it feasible to locate the golf course /greenbelt so that it enhances much of the inland coastal viewshed. e. Traffic Benefits Derivine From Visitor - Support Facilities: The location of visitor - serving facilities in the Pelican Hill and Lower Wishbone areas will decrease traffic impacts on local communities by providing convenient overnight/resort visitor- serving facilities for users of Crystal Cove State Park. Park users would otherwise be forced to find accommodations in Laguna Beach or Newport Beach, thus driving through those communities on their way to and from the State Park. The provision of extensive day -use facilities will also diminish automobile traffic movement by providing food and other services readily available to park users. By concentrating development at the Pelican Hill and Lower Wishbone Canyon locations, the use of existing transit facilities operating between Laguna Beach and Newport Beach along Pacific Coast Highway will be encouraged and enhanced. The destination resort concept further reduces traffic impacts by providing a wide range of on -site recreational amenities. Traffic generation figures obtained from comparable destination resorts and set forth in the "Irvine Coastal Area Traffic Study" (February, 1987; see Appendices 3 & 4) indicate a much lower trip generation profile than for individual hotels. Shuttle service provided as part of normal hotel operations will also help to decrease new trips between John Wayne Airport and the site. Newpon Coast LC4 Second Amendment Dcccmbc,3, 1996 1 -2.12 I C 2. PUBLIC ACCESS In furtherance of Coastal Act Section 30223, over 1,083 acres in Buck Gully and Los Trancos and Muddy Canyons will be committed to public recreational use and habitat protection. Public trails will connect Buck Gully and Los Trancos and Muddy Canyons to the State Park beach access trails, thereby enhancing public access, consistent with Coastal Act Sections 30213 and 30214, previously provided through the sale of the coastal shelf lands to the State Department of Parks and Recreation. As a result, the public will be provided with a rich diversity of recreational experiences, ranging from the pristine, secluded canyon setting of Los Trancos, to a sense of arrival at the ocean. Public views of the ocean will be provided from a park on a high knoll in Los Trancos, a public vista turn -out off Newport Coast Drive, and from public trails. Finally, the new trail system will provide significant up -coast and down -coast views as it links with the vista point on the new trail in front of Pelican Point. 3. RESIDENTIAL USES Consistent with the requirements of Coastal Act Section 30250, residential areas have been located "contiguous with (and) in close proximity to, existing developed areas able to accommodate it .... ". Development has been clustered in the areas of The Newport Coast in close proximity to existing residential areas and near existing employment centers. In furtherance of Coastal Act Section 30240(b), residential development has been clustered on the ridges away from sensitive habitat areas in the canyon bottoms. 4. CIRCULATION The construction of the arterial highway system will be phased in order to meet traffic demands generated by development of The Newport Coast. In addition, roadway capacity beyond the needs attributable to development of The Newport Coast will be provided and will enhance public access to coastal recreation areas while mitigating any off -site transportation impacts. Newport Coast Drive will provide access to the visitor - serving and public park facilities, and relieve congestion on Pacific Coast Highway and other coastal access routes located northerly Newport Coast LCP Second Amendment December 3. 1996 I -2.13 and southerly of The Newport Coast. In a regional context, this road becomes a direct access route for inland - generated traffic to the recreation areas of The Newport Coast. t' By connecting the State Park entry at Pelican Point to the coastal hills, and joining MacArthur r Boulevard[ south of the University of California at Irvine campus, it reduces the need to use Pacific Coast Highway as a distribution route for inland traffic that would otherwise come from r MacArthur Boulevard and Laguna Canyon Road. In particular, Newport Coast Drive in effect i t. increases PCH capacity through Corona del Mar by providing a direct link between down -coast i residential areas and major inland destinations, including employment centers and the UCI campus. T_ Because recreational traffic and commuter traffic generally flow in opposite directions in the morning and evening (i.e., morning commuter traffic flows toward the inland employment ! centers, while morning recreational traffic flows toward the coast; with reversed flow patterns in the evening), Newport Coast Drive will provide significant new recreational access capacity In addition to its recreational access function, Newport Coast Drive will provide direct access from The Newport Coast to the commercial centers of Orange County. It will have capacity well in excess of that required to accommodate the development of The Newport Coast, and as a result will reduce traffic levels through Corona del Mar. Thus, the circulation improvements provided for in The Newport Coast LCP provide sufficient capacity to "accommodate needs generated by development ", consistent with the requirements of Coastal Act Section 30254, while at the same time enhancing public recreational access. 1 The San Joaquin Hills Transportation Corridor (SJHTC) was finally approved and the design contract awarded for it within the last seven years. It now encompasses part of Bonita Canyon Road and Newport Coast Drive outside of the coastal zone boundary. When completed, the SJHTC will constitute the direct link with , MacArthur Boulevard and provide overall traffic benefits for the region not assumed in the approval of the original LCP. The Counry MPAH also maintains an alternative, non - tolled connection with Bonita Canyon Road, Ford Road, and MacArthur Boulevard. Neuron Coast LCP Second Amendmeni December 3. 1996 1 -2.14 CHAPTER 3 RESOURCE CONSERVATION AND MANAGEMENT POLICIES This Chapter sets forth policies for the conservation and management of resources within The Newport Coast Planned Community. Policies are organized in the following sequence: • A phased dedication program for 2,666 acres of public "wilderness" open space and interim management policies during program implementation; • A dedication program for approximately 1,176 acres of public "special use" open space; • Recreation/open space management policies for The Irvine Coast Wilderness Regional Park, as well as for other open space /passive recreation areas within the community; • Policies related to the four different types of Environmental Sensitive Habitat Areas (ESHA's) within The Newport Coast; • Specific programs for the protection of cultural (archaeological and paleontological) resources; and • Policies to protect resources from erosion, sedimentation, and runoff, and to guide grading and the treatment of the interface edge between development and open space, including fuel modification programs required for fire safety. A. DEDICATION PROGRAM REQUIREMENTS AND PROCEDURES 1. WILDERNESS OPEN SPACE The landowner shall dedicate Planning Areas PA 18, PA 19, PA 21 A, PA 21 B, PA 21 C, and PA 2 1 D to the County of Orange as development of residential and commercial areas occurs, in accordance with the following policies and procedures.t I Irrevocable Offer of Dedication recorded November 10, 1988. Nenpon CDdsl LCP SeCOndAmendmeN December 3, 1996 I -3 • ] a. Lands to be Dedicated: 0 The Dedication Area includes approximately 2,666 acres in Planning Areas PA 18, PA 19, ; PA 21A, PA 21B, PA 21C, and PA 21D. In order to facilitate resource management, r public access and acceptance by the County of portions of the dedication in phases, the Dedication Area has been divided into four Management Units. Acceptance by Designated Offerees of Management Units shall occur in numerical sequence as shown on Exhibit I. "Designated Offerees" are those agencies and organizations described in Subsection b -3) r below. In order to accommodate open space management objectives and the topographic characteristics of the Dedication Area, minor adjustments to the boundaries of the Management Units may be made by agreement of the landowner, the County, and .the Coastal Commission and shall be. treated as a minor amendment to this Plan at the direction of the Executive Director of the Commission. b. Procedures for Convevance of Title: T 1) Recordation of the Offer a) Timing of Recordation: No later than ten (10) working days following the later of the following two events (1) the expiration of all statutes of limitation applicable to a legal challenge to certification of the LCP and the approval of a Development Agreement or "other mechanism" (as described below) by the County and the landowner, without any legal challenge having been filed, and (2) the date when both the foregoing certification and approval have become effective, the landowner shall record an Offer of Dedication for a term of thirty (30) years for the entire 2,666 -acre Dedication Area. The term "or other mechanism" means that if County or landowner determines not to enter into a Development Agreement, then an "other mechanism" providing equivalent assurances of certainty of development will be entered into between the County and landowner as a condition precedent to the recording of the offer; upon entering into such an Kc,pon Coast LCP Second Amendment December 3. 1996 I -3.2 l �l. 3@@@ Ind (��� 111(�[fll� Exhibit I The Newport Coast Local Coastal Program LEGEND ® MANAGEMENT UNITAND SEQUENCE NUMBER COASTAL ZONE BOUNDARY PLANNED COMMUNITY BOUNDARY 10 DeceftIM3.1wo agreement (i.e., "other mechanism "), County and landowner shall jointly publish a public notice that the 10 working days time period for recording the offer has commenced. Notwithstanding the first sentence of this paragraph, the landowner may, at its sole discretion proceed to record the Offer at any time earlier than provided in this paragraph. b) Effect of Legal Challenge: In the event of a legal challenge to the certification of K. A: the LCP and /or the validity of a Development Agreement or "other mechanism," 3; the landowner is obligated to record the offer only at such time as the earlier of either of the following occurs: (1) the landowner proceeds to commence s development (as defined in the Coastal Act of 1976) in the Plan area pursuant to a Coastal Development Permit; or (2) the County succeeds in obtaining a final R court ruling, not subject to further judicial review, affirming the validity of the approval challenged in the litigation, thereby enabling the landowner to proceed with development on the basis of the LCP as approved and certified by the Coastal i Commission. r i z.. c) Recorded Offer as Pre - Condition to Development: The County will not provide final authorization to proceed with development pursuant to any Coastal !� Development Permit in the Plan area prior to recordation of the Offer (e.g., a subdivision map or final grading permits may be approved conditioned upon recordation of the Offer). 2) Timing of Acceptance of Dedication Offer The Offer of Dedication will provide that the title for each Management Unit shall be automatically conveyed upon acceptance, as specified in Section "a)" above and in Section "b)(3)" below, as follows: a) Management Unit I may be accepted only after the issuance of the first grading permit authorizing (initial) grading in any residential, commercial, or golf course Nc,pon Coast LCP Second Amendment December 3. 1996 1 -3.4 planning areas (as identified in Exhibit E) other than for a Coastal Development Permit providing for the construction of Newport Coast Drive; and b) One remaining Management Unit maybe accepted only in numerical sequence and only as follows for each of the development increments listed below: (1) Ninety days following issuance of building permits for a cumulative total of 1,000 primary residential dwelling units; (2) Ninety days following issuance of building permits for a cumulative total of 2,000 primary residential dwelling units; and (3) Ninety days following issuance of building permits for (a) a cumulative total of 1,500 overnight/resort accommodations (as defined in LUP Subsection 4- A-1-a and 4 -A -2 -a and in accordance with the intensity formula specified in LUP Subsection 4- A- 1 -b -4) or (b) a cumulative total of 80 percent of the 2.66 million square feet of development allowed in PA 13 (pursuant to LUP Chapter 4- A -1 -b), whichever first occurs. 3) Designated Offerees At such time as any Management Units may be accepted as provided in Subsection b- 2)-a) or b -2) -b above, the County of Orange, acting on its own behalf or through its designee(s), will have three (3) years to accept the Offer of such Management Unit(s), after which time the State of California either through the California Department of Parks and Recreation or the California Coastal Conservancy will have three (3) years to accept the Offer of Dedication. If the aforementioned public agencies have not accepted the Offer as specified, the Trust for Public Land or the National Audubon Society will have one (1) year to accept the Offer of Dedication. If none of these public or non - profit entities has accepted title to the Management Unit(s) within these timeframes, the Executive Director of the California Coastal Commission, following consultation with the County, shall be entitled to nominate, no later than ninety (90) Newport Coast LCP Second Amendment December l 1996 I -3.5 days thereafter, another non - profit entity as a Designated Offeree; the alternative non- profit entity nominated by the Executive Director may become a Designated Offeree r only if determined to be mutually acceptable to the Coastal Commission, the County, and the landowner, and shall thereafter be required to accept the Offer(s) within six (6) months of the landowner's determination of acceptability. In the event that the Executive Director of the California Coastal Commission designates such alternative non - profit entity, none of the aforementioned parties shall unreasonably withhold approval of that entity, provided that it has the demonstrated financial capacity and management experience to undertake management of the dedication area in question. If, pursuant to the foregoing procedures, none of the public or non - profit entities has accepted said Offer(s) within these timeframes, the landowner will regain full title and unencumbered use of the offered land constituting the Management Unit(s) subject to LCP land use designations; provided that the landowner may seek an LCP amendment regarding future use(s) of these lands. 4) Effects of Legal Action Preventing Development and Proportional Dedication a) Acceptance Conditioned on Vesting: Acceptance of the four Management Units identified in the Offer of Dedication pursuant to Subsection b) -2) above, will be qualified by the requirement that the conveyance of title shall not occur if the landowner is prevented from vesting the right to develop the cumulative residential dwelling unitlovernight/resort accommodation levels as specified in Subsection b)- 2) above by operation of federal, State or local law, or by any court decision rescinding, blocking or otherwise adversely affecting the landowner's governmental entitlement to develop said units. At any time that the landowner is subsequently entitled to proceed with development in the manner specified in the approved LCP, all dedication requirements and provisions shall be automatically reinstated provided that the term of the Offer has not been exceeded b) Development Halted for Ten (10) Years: Notwithstanding the last sentence of Subsection a) above, if the landowner is prevented from proceeding with development (i.e., legally unable to undertake development for the reasons Newport Coast LCP Second A cndmcnt Dccember J. 1996 I -16 identified in Subsection a) above) for an uninterrupted period of ten (10) years, the right to accept shall be suspended as it applies to the Management Unit(s) correlated with the type of development so halted (e.g., if the entitlement to develop overnight/resort accommodations has been halted for ten (10) years, the right of the Designated Offeree(s) to accept the Management Unit correlated with that development shall automatically be suspended). In such event, the right to undertake that type of development pursuant to the LCP shall likewise be suspended unless and until the landowner is legally authorized to proceed with that type of development previously halted. If the right to undertake any development pursuant to the LCP is halted as provided herein for a period of ten (10) years in any fifteen (15) year time period, the landowner shall have the right to terminate the Offer of Dedication and, in that event, the right to develop under the LCP shall automatically be suspended. c) Proportional Dedication: If the landowner has not been able to undertake the aforementioned development for a period of ten (10) years, the Designated Offeree(s) may only accept a proportional dedication in accordance with the following ratio: Proportional Dedication — For each unit for which the landowner has received a certificate of occupancy, the Designated Offeree(s) may accept dedications in ratios of .76 acre for each such residential unit and .31 acre for each visitor accommodation unit or per each 1400 sq. ft. increment of the 2.66 million sq. ft. intensity allowed in PA 13 (whichever intensity level is achieved first). Dedication areas accepted pursuant to the above proportional dedication requirement shall be located in accordance with the Management Unit sequencing identified on Exhibit I, with the precise location of the acreage to be contiguous with a previously accepted dedication area and /or adjacent to publicly owned park/open space land, and as specified by the accepting Designated Offeree(s) following consultation with the landowner. Newport Coast LCP Second Amendment December 3, 1996 1 -3.7 d) Management Unit I Reversion: In the event that the landowner is prevented, as specified in Subsection 4) -a) above, from completing (i.e., receiving certificates of use and occupancy for) the first one thousand (1,000) primary residential !, dwelling units, title to any lands accepted the by the Designated Offeree(s) in Management Unit I in excess of the Proportional Dedication ratio as applied to completed units shall revert to the landowner within six (6) months of the occurrence of the specified legal impediments to development. T" 5) Dedication Commitments — Effect of Landowner Delay in Development a) Areas Graded but Not Completed: For any development area that has been graded and remained unimproved (i.e., without streets, infrastructure, and permanent drainage systems) for a period of five (5) years following the commencement of grading, the Designated Offeree(s) may accept a dedication area in accordance with the proportional dedication formula in Subsection 4) -c) above, with the application of the formula based on the number of development units specified /authorized in the Coastal Development Permit which served as the governmental authorization for the grading activity. This provision shall not apply where the delay in vesting development rights on the land area in question has occurred as a result of the operation of federal, State or local law, or by any court decision rescinding, blocking, or otherwise adversely affecting the landowner's governmental entitlement to develop the specified units on said land area. b) Fifteen (15) Year Deadline for Completing All Dedications: All dedication increments that have not been eligible for acceptance pursuant to the provisions of Subsection 2) above may be accepted fifteen (15) years after the recording of the Offer of Dedication. Provided, however, that in the event the landowner is prevented from proceeding with development (i.e., unable to proceed voluntarily) by operation of federal, State, or local law, or by any court decision rescinding, blocking, or otherwise adversely affecting the landowner's governmental entitlement to develop, the fifteen (15) year timeframe for completing all acceptances of dedication increments shall be extended by a time period equal to Newport Coast LCP Second Amendment December J. 1996 I -3.8 the amount of time the right to proceed with development has been suspended. This provision extending the fifteen (15) year time period shall not apply where the development project has been halted by a final, non - appealable court decision based upon the failure of the development project to comply with the certified LCP and /or CEQA. In the event the landowner becomes subject to a federal, State or local law, or any court decision which limits the allowable number of building permits which may be approved or issued each year (or within a given time period), the fifteen (15) year time frame for completing all acceptances of dedication increments shall be extended by a time period equal to the amount of time necessary for the landowner to obtain the maximum allowed building permits per year to complete the total development by the LCP; if the foregoing extension of the fifteen (15) year time period would exceed the term of the Offer, the landowner may either extend the term of the Offer or allow the Offer and any remaining entitlement at that time pursuant to the LCP to expire. 6) Acceptance of Dedication Increments The acceptance of dedication increments shall be conditioned on a requirement that the dedication lands may be used only for purposes consistent with land uses allowed in the certified LCP and may be conveyed subsequent to the initial acceptance only to other Designated Offerees. 7) Dedication Area Access Access to the dedication areas prior to any acceptance shall be limited to the County or other Designated Offeree (in the event that County's acceptance period for a particular Management Unit(s) has expired), its employees, licensees, representatives, and independent contractors acting within the scope of their employment by the County or other Designated Offeree solely for the purposes of surveying, mapping and planning activities related to future management of the dedication areas. Any such access shall be subject to landowner entry permit requirements regarding personal liability and personal security. Ncupon Coast LCP Second Amendment Docombe, 3. 1996 I -3.9 8) Property Description L� A detailed property description for each Management Unit shall be set forth in the i Offer of Dedication. 2. . SPECIAL USE OPEN SPACE T_ is i' f The landowner shall dedicate Planning Areas PA 11A, PA 12A, PA 12E, PA 12H and PA 12I I -. to the County of Orange and PA 12G to the California Department of Parks and Recreation or the County of Orange as development of abutting residential areas occurs. The landowner shall receive local park credit for not less than five (5) acres of special use open space dedication. Area(s) designated as special use park shall be made separate parcels suitable for transfer to any succeeding city or local park operating agency in accordance with the following policies and procedures. i a. Prior to or concurrent with the recordation of the first final development map, other than a large -lot subdivision in PA 1 A, PA IB, or PA 2A, the landowner shall record an Offer j of Dedication for PA 11At. F b. Prior to or concurrent with the recordation of the first final development map, other than a large -lot subdivision in PA 1C, PA 213, PA 2C, PA 5, PA 4A, or PA 3A, the landowner shall record an Offer of Dedication for PA 12At. c. Prior to or concurrent with the recordation of the first final development map, other than a large -lot subdivision in PA 4A, PA 413, PA 5, or PA 6, the landowner shall record an Offer of Dedication for PA 12E. d. Prior to or concurrent with the recordation of the first final development map, other than a large -lot subdivision in PA 7A, the landowner shall record an Offer of Dedication for PA 12H. Planning Areas PA 11A (Buck Gully) and PA 12A (Los Trancos Canyon) have been irrevocably offered to the County of Orange for dedication. Ncwpon Coast LCP Sccond Amcndmant Deccmbc, 3. 1996 1 -3.10 e. Prior to or concurrent with the recordation of the first final development map, other than a large -lot subdivision in PA 7B, the landowner shall record an Offer of Dedication for PA 12I. f. Prior to or concurrent with the recordation of the first final development map, other than a large -lot subdivision in PA 6, the landowner shall record an Offer of Dedication for PA 12G to the California Department of Parks and Recreation or the County of Orange which includes rights for both agencies to access their respective park properties[. g. The above offers shall be irrevocable continuing offers of dedication to the County of Orange or its designee for park purposes in a form approved by the Manager, EMA- Harbors, Beaches and Parks /Program Planning Division, suitable for recording fee title. The offers shall be free and clear of money and all other encumbrances, liens, leases, fees, easements (recorded and unrecorded), assessments and unpaid taxes in a manner meeting the approval of the Manager, EMA Harbors, Beaches and Parks Program Planning Division. The offers shall be in a form that can be accepted for transfer of fee title at any time by the County. h. Notwithstanding the above procedures, offers of dedication may be made in a Parcel A and Parcel B sequence. Parcel A shall contain, to the greatest extent possible, the area to be included in the dedication and shall be offered for dedication at the time specified in Subsection a, b, and c above. The boundaries of Parcel A shall be determined through a review of the physical characteristics of the total planning area required for dedication excluding only those areas where the boundary for public open space cannot feasibly be determined until final development maps are processed. The boundaries of Parcel B shall be refined and offered for dedication upon the recordation of subsequent final maps for planning areas abutting the area to be dedicated. When appropriate, areas containing urban edge treatments, fuel modification areas, roads, manufactured slopes, and similar uses may be offered for dedication as scenic easements. Planning Area 12G may be offered for dedication to the California Department of Parks and Reception as part of a future agreement to offset any acreage reductions within Crystal Cove State Park used to expand the facilities at El Morro Elementary School. Newport Coast LCP Second Amendment December 3. 1996 I -3. 1 1 B. INTERIM CONSERVATION MANAGEMENT POLICIES Most of the Conservation lands are currently under private ownership and will be transferred in increments to a public agency over time. Prior to transfer, the landowner will be responsible for maintenance and management of these lands. The following policies provide an interim management program which will preserve natural resources i for future public stewardship in an economically sound manner by maintaining the lands in their current condition. Notwithstanding the provisions of the Conservation category, the following F policies shall apply to lands designated Conservation while they remain in private ownership. No new development will occur, except for improvements to existing facilities, new fences, and fire, flood and erosion control facilities and as provided below: 1. The landowner may continue existing agriculture uses including cattle grazing and may construct and maintain any fencing, firebreaks, fuel modification zones, water pipes, cattle - watering facilities, and access roads necessary for the continued use and protection of the property. 2. New fences will be designed so that wildlife, except large mammals such as deer, can pass through. 3. No alteration to existing stream courses or landforms in Emerald Canyon will occur except as necessary to provide fire protection. 4. No excavations of archaeological and paleontological sites will be permitted except as required by public safety and /or utilities facilities and in accordance with the policies set forth in Sections G and H of this chapter. 5. Landform alterations are allowed in the Conservation Area to the extent required to accommodate realignment, improvement, and /or widening of Laguna Canyon Road and associated improvements and shall conform with the requirements of LUP Section I- 4 -E -20 for any such project. 6. No agricultural practice shall aggravate known or suspected land management problems such as the spread of non - native plants, soil erosion, or the deterioration of sensitive environmental habitats. Ncu'pon Coas[ LCP Second Amcndmen[ December 3. 1996 1 -3.12 C. RECREATION /OPEN SPACE MANAGEMENT POLICIES 1. Irvine Coast Wilderness Regional Park (PA IS, PA 19, PA 21A, PA 21B, PA 21C, and PA 21D) The Newport Coast open space system will be preserved through the Conservation and Recreation land use designations and implementing policies. The intent of these land use categories is consistent with the Orange County General Plan's "Recreation Element" (REC) which assigns wilderness regional park status to The Irvine Coast Wilderness Open Space dedication area. The Recreation Element defines "wilderness regional park" as: "A regional park in which the land retains its primeval character with minimal improvements and which is managed and protected to preserve natural processes. The park, (1) generally appears to have been affected primarily by forces of nature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic or historical value." The Orange County General Plan's "Recreation Element" contains the resource management and development policy for such wilderness regional park facilities which is incorporated into this Local Coastal Program. The policy (REC, p.4 -8) permits, (1) only restricted hardscape and domestication appropriate to provide access and enjoyment/observation of natural resources and processes, (2) interpretive programs, and (3) park concessions. Park concessions within PA 18 and PA 19 will be limited to uses which support passive recreation activities such as riding, hiking, picnicking, and camping, and may be operated as a regional park concession by a limited commercial venture under contract to the public agency. Ncwyort Coast LCP Second Amendment December 3. 1996 I -3.13 Additional land use policies for subareas within the wilderness regional park are applicable to each specific planning area as follows: F 1 a. Planning Area PA 18 (timer Emerald Canvon): 1) Principal permitted use includes riding and hiking trails, picnicking, and passive recreation facilities such as viewpoints and rest stops.\ 2 2) Except for emergency and maintenance vehicles, vehicles will be prohibited in the canyon bottom. r r 3) Where feasible, trails and roads will incorporate existing trails and roads. 4) No more than one (1) percent of the total land area will be developed with structures, pavement, or other impervious materials. S. r- 5) Stream courses in Emerald Canyon and significant riparian vegetation will be maintained or enhanced. f. r b. Planning Area PA 19 (Upper Emerald Ridge): t 1) Principal permitted use includes parking associated with park use, tent camping, stables, youth hostels, riding and hiking trails, and picnicking. 2) Where feasible, trails and roads will incorporate existing trails and roads. 3) Access roads will be limited to two lanes. 4) No more than 10 percent of the total land area will be developed with structures, pavements, or other impervious materials. Newpoa Coast LCP Second Amendment December 3. 1996 1 -3.14 5) Recreation improvements will allow wildlife movement across portions of Moro and Emerald Ridges. c. Planning Areas PA 21A, PA 21B, PA 21C, and PA 21D: 1) Principal permitted use includes those uses which are of a passive recreational nature (such as viewpoints), of limited active recreational nature (such as riding and hiking trails), which are concerned with scientific study and interpretation, or involve public safety, facilities, and utilities. 2) Wildlife habitats will be preserved by controlling human access to Emerald and Moro Canyons. 3) Key areas of chaparral and coastal sage will be protected from human intrusion. 4) Stream courses in Emerald and Moro Canyons will be retained in a natural state or enhanced. 5) Significant riparian areas will be preserved as sources of shelter and water for wildlife. 6) Improvements will be compatible with the natural environment and will not damage landforms, vegetation, or wildlife to any significant degree. 7) All archaeological sites and paleontological sites will be preserved except sites impacted by public safety and /or utilities facilities. 8) Any buffer areas necessary for the protection of habitat are located within the Conservation category. 9) All existing trees will be preserved in Moro, Emerald, and Laguna Canyons except as required for new public trails, infrastructure, and /or roads. Newport Coast LCP Second Amendment December 3. 1996 I -3.15 2 10) Lands within 350 feet of Laguna Canyon Road and less than 30 percent slope may be used for trail heads, recreation staging areas, public utilities, drainage, flood and _ erosion control facilities, and other similar public uses. Development of these areas for such uses shall not constitute a significant effect on landform, vegetation, or wildlife for purposes of Policy 2, 3, and /or 4 above. 11) Landform alterations are allowed in the Conservation Area to the extent required to Y accommodate realignment, improvement, and /or widening of Laguna Canyon Road F and associated improvements and the requirements of LCP Subsection I- 4 -E -20 for any 4 f such project. T" 12) Access roads are permitted and will be limited to two lanes or a total of 20 feet in width. Where possible, trails and roads will use existing trails and roads (i.e., for i 2_ park operations, maintenance, and emergency access vehicles). 7 Buck Gully, Los Trancos /Muddy Canyons, and Pelican Hill Areas i In addition to the Wilderness Open Space Dedication Area (Irvine Coast Wilderness Regional s Park), environmentally sensitive areas within the development zone except for the ESHA B i.- located within Planning Area 4A, including Buck Gully, Los Trancos and Muddy Canyons, and r portions of the Pelican Hill frontal areas will be preserved in open space, with opportunities for ,,special use" recreation within Planning Areas PA I IA, PA 12A, and PA 12E. a. Planning Areas PA 11A and PA 11B (Buck Gully and the frontal slopes of Pelican Ham• 1) Principal permitted use includes passive parks, riding and hiking trails, bikeways, drainage control facilities, water and sewer facilities, access and maintenance roads, and utilities. Neuyon Coast LCP Second Amendment December 3, 1996 1 -3.16 2) Recreation lands in PA 11A shall be dedicated to, and owned and maintained by, the County of Orange or other designated public agency. Recreation lands in PA 11B may be owned and maintained by homeowner associations, adjoining property owners, special assessment districts, the County of Orange and /or other appropriate public agencies. 3) Residential lot lines from adjoining properties may extend into PA 11B, but not into PA 11A. 4) Natural landforms will be retained by locating recreational facilities in the flatter portions of the canyon bottom, and so as not to interfere with natural stream courses or riparian vegetation. 5) A maximum of 2% of the total lands designated in PA 11A and PA 11B category may be developed with impervious surfaces (i.e., trails, roads, recreation facilities, etc.). 6) Recreational facilities to be considered for Local Park credit will be located on finished grade slopes generally less than 30 %. 7) Except for emergency and maintenance vehicles, vehicular access will be prohibited. 8) Archaeological and paleontological sites will be preserved except where necessary to provide public safety and /or utilities facilities. b. Planning Areas PA 12A PA 1213 PA 12C PA 12% PA 12E PA 12H and PA 12I (Los Trancos /Muddy Canyons, the frontal slopes of Lower Wishbone and North Laguna): 1) Principal permitted use includes passive parks (except in PA 12C, where limited active recreational uses are permitted), riding and hiking trails, bikeways, drainage control facilities, water and sewer facilities, access and maintenance roads, utilities, parking and staging areas. Ncwporc Coas[ LCP Second Amendmem December 3. 1996 I -3.17 2) Recreation lands in PA 12A, PA 12E, PA 12H and PA 12I shall be dedicated to, and owned and maintained by the County of Orange. Recreation lands in PA 12B, PA r 12C, and PA 12D may be owned and maintained by homeowner associations, adjoining property owners, special assessment districts, the County of Orange and /or other appropriate public agencies. 3) A maximum of 1 % of the total lands in PA 12A, PA 12D, PA 12E and PA 12I may be developed with impervious surfaces (i.e., structures, roads, recreation facilities, etc.). 4) A maximum of 12% of the total land area in PA 1213, PA 12C and in PA 12H may be developed with structures, pavement or other impervious materials. F' 5) Recreational facilities to be considered for Local Park credit will be located on finished grade slopes generally less than 30 %. 6) Archaeological and paleontological sites will be preserved except where necessary to provide public safety and /or utilities facilities. 7) Local roads and associated infrastructure connecting PA 3A, PA 3B, PA 4A, and PA 4B will be permitted through PA 12B. 8) Landform alterations are allowed in PA 12A, PA 12B, PA 12C, PA 12D and PA 12E to the extent required to accommodate realignment and construction of local collector roads, San Joaquin Hills Road, and /or the San Joaquin Hills Transportation Corridor and recreational facilities, as provided in a final Coastal Development Permit for any such projects. 9) Residential lot lines from adjoining properties may extend into PA 12B, PA 12C, and PA 12D, but not into PA 12A, PA 12E, PA 12H or PA 121. Neupcn Comm LC? SecovW Amndmem December 3. 1996 1-3.18 D. CATEGORY "A" & "B" ENVIRONMENTALLY SENSITIVE HABITAT AREA POLICIES The following policies apply to Category A and B ESHA's only, as delineated on Exhibit H. I . Except for the ESHA B located in Planning Area 4A, the natural drainage courses and natural springs will be preserved in their existing state. All development permitted in Category A and B ESHA's shall be set back a minimum of 50 feet from the edge of the riparian habitat except as provided for in the following subsections. If compliance with the setback standards precludes proposed development which is found to be sited in the least environmentally damaging and feasible location, then the setback distance may be reduced accordingly. a. Where existing access roads and trails cross streams, where emergency roads are required by State or County fire officials, and /or where access roads are required to serve residential units and recreational facilities in Muddy Canyon, the drainage course may be modified to allow the construction and maintenance of existing or new road or trail crossings. Such modification shall be the least physical alteration required to maintain an existing road or to construct a new road or trail, and shall be undertaken, to the extent feasible, in areas involving the least adverse impact to stream and riparian habitat values. b. Where drainage and erosion control and related facilities are needed for new development and /or to protect the drainage course, the drainage course may be modified to allow con- struction of such facilities. Modification shall be limited to the least physical alteration required to construct and maintain such facilities, and shall be undertaken, to the extent feasible, in areas involving the least adverse impact to the drainage course. Where feasible, drainage and erosion control and related facilities will be located outside the drainage course. c. Where the construction requires filling or other modification of drainage courses substantially as shown in Exhibit L , drainage courses may be modified. Newport Coast LCP Second Amendment December 3. 1996 I -3.19 d. Where the construction of local collectors, and /or utility service /emergency access roads requires filling or other modifications of drainage courses in PA 6, PA 12C, and /or the r. upper portion of PA 12A and where the alignment is shown to be the least environmentally damaging feasible alternative, drainage courses may be modified. i e. Where access roads and trails exist or where new emergency roads are required by State or County fire officials, vegetation may be removed in the maintenance or construction of such roads and trails. Any required vegetation removal will be minimized. f. To the extent necessary, existing riparian vegetation may be thinned or selectively removed r when required for habitat enhancement and /or fire control. Existing vegetation which is , not classified as riparian may also be removed. g. Where drainage and erosion control and related facilities are needed to implement the t Master Drainage and Runoff Management Plan and related programs, vegetation may be removed in the construction and maintenance of such facilities. Vegetation removal will be limited to the least required to construct and maintain such facilities and shall be a undertaken, to the extent feasible, in areas involving the least adverse impact to riparian vegetation. Where feasible, drainage and erosion control and related facilities will be ; i, located outside areas containing riparian vegetation. t. h. Upon the recordation of an Offer of Dedication for Planning Area 12E, the ESHA B located in Planning Area 4A may be altered as required for development authorized by this LCP. 2. Where feasible, the separation of scrub and chaparral from riparian habitats will be avoided. Vegetation offering escape cover will be allowed adjacent to riparian areas wherever feasible. 3. Nothing in this section shall require the replacement or restoration of natural features which are destroyed or modified by natural causes such as fire, flood, erosion, and drought. Nowpon Coast LCP Second Amendment December 3. 1996 1 -3.20 I 4. Where golf cart and pedestrian path /bridge, and fairway trajectories for the golf course cross the USGS Drainage Course in PA 10B, vegetation may be selectively thinned, maintained, removed and/ or altered within areas of the setback to the extent necessary for golf course purposes. Any such vegetation removal or alteration will be minimized and mitigated by habitat enhancement measures in Los Trancos Canyon, and will be shown to be the least environmentally damaging feasible alteration. E. CATEGORY "C" ENVIRONMENTALLY SENSITIVE HABITAT AREA POLICIES The Category C ESHA, as delineated in Exhibit H, contains coastal waters which have been designated a Marine Life Refuge and an Area of Special Biological Significance. The Category C ESHA area is encompassed within Crystal Cove State Park. The protection of water quality in marine resource areas is subject to the authority of the State Water Resources Control Board. Protection of water quality is provided by the LCP Runoff Policies and will be reviewed by the Regional Water Quality Control Board in conjunction with subsequent coastal development permits and related environmental impact reports (EIR's). A water quality monitoring program shall be submitted to the Regional Water Quality Control Board prior to initial implementing approvals for the golf course, for the purpose of monitoring runoff entering the ocean as well as the riparian corridors[. Copies of the results of the monitoring program shall be forwarded to the Regional Water Quality Control Board and the County of Orange on a regular basis for their review to determine whether corrective action is required pursuant to the authority of said agencies. Use and application of chemicals on the golf course and other landscape areas shall be limited to those approved by State, County, and Federal agencies. The landowner shall be responsible for notifying tenants and /or prospective initial purchasers of this requirement. t The five -year Water Quality Monitoring Program began in 1991. To date, the monitoring results indicated no adverse water quality impacts on local marine waters. Newport Coast LCP Second Amendment December 3, 1996 I -3.21 F. CATEGORY "D" ENVIRONMENTALLY SENSITIVE HABITAT AREA POLICIES 1. PA 10A: All drainage courses will be modified. The Riparian Habitat Creation Program will } mitigate any habitat values lost as a result of drainage course modification. r 2. . PA IA, PA 1B, PA 1C, PA 2A, PA 2B, PA 2C, PA 3A, PA 3B, PA 4A, PA 4B, PA 6, PA 8, PA 9, PA 10A, PA 10B, PA 11A, PA 12A, PA 12B, PA 12C, PA 12D, PA 12E, PA 12F, PA 12G, PA 12H, PA 12I, PA 12J, PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, PA 13F, PA 14, PA 16A, PA 16B, PA 20A, PA 20B, and PA 20C: Vegetation and drainage courses { t will be modified or eliminated by' development. The Open Space Dedication Programs and Riparian Habitat Creation Program will mitigate any habitat values lost as a result of such drainage course modification or elimination. 4 3. Construction of Newport Coast Drive, local collectors, and San Joaquin Hills Transportation Corridor will modify or eliminate vegetation and drainage courses. G. ARCHAEOLOGICAL POLICIES 1. ARCHAEOLOGICAL RECORDS SEARCH AND SURVEY Prior to initial implementation level approvals (i.e., Coastal Development Permit, Tentative Tract, Site Plan, etc., with the exception of a large -lot subdivision for only financial /convey- ance purposes), a County certified archaeologist shall be retained by the applicant to complete a literature and records search for recorded sites and previous surveys. In addition, a field sur- vey shall be conducted by a County- certified archaeologist unless the entire proposed project site has been documented as previously surveyed in a manner which meets the approval of the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. A report of the literature and records search and the field survey shall be submitted to and `r approved by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. Mitigation measures may be required depending upon the recommendations of this report. Newpnn Coast LCP Secnnd Amendment December 3. 1996 1 -3.22 2. ARCHAEOLOGICAL SUBSURFACE TEST AND SURFACE COLLECTION Prior to the issuance of a grading permit, a County- certified archaeologist shall be retained by the applicant to perform a subsurface test level investigation and surface collection as appropriate. The test level report evaluating the site shall include discussion of significance (depth, nature, condition, and extent of the resources), final mitigation recommendations, and cost estimates. Prior to the issuance of a grading permit and based on the report recommendations and County policy, final mitigation shall be carried out based upon a determination as to the site's disposition by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. Possible determinations include, but are not limited to, preservation, salvage, partial salvage or no mitigation necessary. 3. ARCHAEOLOGICAL SALVAGE If salvage or partial salvage is determined necessary by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division per subsection 2 above, prior to issuance of a grading permit, project applicant shall provide written evidence to the Chief, EMA- Regulation/Grading Section that a County- certified archaeologist has been retained to conduct salvage excavation of the archaeological resources in the permit area. A final report shall be submitted to and approved by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division prior to any grading in the archaeological site areas. 4. ARCHAEOLOGICAL RESOURCE SURVEILLANCE If on -site resources surveillance is determined necessary during grading per subsection 2 above by the Manager, Harbors, Beaches and Parks /Program Planning Division, prior to issuance of a grading permit, the project applicant shall provide written evidence to the Chief, EMA - Regulation/Grading Section that a County- certified archaeologist has been retained, shall be present at the pre - grading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation Neuyort Coast LCP Second Amendment December 7. 1996 I -3.23 of the artifacts as appropriate. If additional or unexpected archaeological features are 1 discovered, the archaeologist shall report such findings to the project developer and to the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the project developer, for exploration and /or salvage. These actions, as well as final mitigation and disposition of the resources, shall be e -. t subject to the approval of the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division Except as may be limited by a future Costal Development Permit, on -site resource surveillance shall be provided for development grading operations in Planning Areas PA 3A, PA 313, PA 10A, PA 10B, PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, PA 13F, and PA 14. H. PALEONTOLOGICAL POLICIES i 2 I. PALEONTOLOGICAL RECORDS SEARCH AND SURVEY _ Prior to initial implementation level approvals (i.e., Coastal Development Permit, Tentative Tract, Site Plan, etc., with the exception of a large -lot subdivision map for financial conveyance purposes), a County- certified paleontologist shall be retained by the applicant to complete literature and records search for recorded sites and previous surveys. In addition, a field survey shall be conducted by a County- certified paleontologist unless the entire proposed project site has been documented as previously surveyed in a manner which meets the approval of the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. A report of the literature and records search and the field survey shall be submitted to and approved by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. Future mitigation shall depend upon the recommendations of this report. 2. PALEONTOLOGICAL PREGRADING SALVAGE If pre - grading salvage is determined necessary per subsection 1 above by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division, prior to issuance Neupon Coast LCP Second Amendment December 3, 1996 I -3.24 of a grading permit, the project applicant shall provide written evidence to the Chief, EMA - Regulation/Grading Section that a County- certified paleontologist has been retained by the applicant to conduct preconstruction salvage of the exposed resources. The paleontologist shall submit a follow -up report on survey methodology and findings to the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division for review and approval. 3. PALEONTOLOGY RESOURCE SURVEILLANCE If on -site resource surveillance is determined necessary per subsection 1 above by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division, prior to issuance of a grading permit, the project applicant shall provide written evidence to the Chief, EMA - Regulation/ Grading Section that a County- certified paleontologist has been retained to observe grading activities and salvage fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontologist resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If major paleontological resources are discovered, which require long -term halting or redirecting of grading, the paleontologist shall report such findings to the project developer and the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. The paleontologist shall determine appropriate actions, in cooperation with the project developer, which ensure proper exploration and /or salvage. These actions, as well as final mitigation and disposition of the resources shall be subject to approval by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. The paleontologist shall submit a follow -up report for approval by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division, which shall include the period of inspection, an analysis of the fossils found, and present repository of the fossils. Except as may be limited by a future Coastal Development Permit, on -site resource surveillance shall be provided for development grading operations in Planning Areas PA 3A, PA 3B, PA 10A, PA 10B, PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, PA 13F, and PA 14. Newport Coast LCP Second Amendment December 3. 1996 I -3.25 I. EROSION POLICIES The Erosion Policies which follow provide the framework for the preparation of a "Master Drainage and Runoff Management Plan ". This Plan shall be submitted to the County of Orange for review r and approval concurrent with the first Coastal Development Permit application as required by LCP t Subsection II -3 -13 -111. 1. Post - development erosion rates shall approximate the natural or existing rate before r development. 2. Areas of disturbed soil shall be reseeded and covered with vegetation; mulches may be used to cover ground areas temporarily; other mechanical or vegetative techniques to control erosion i may be used where necessary. Native and /or appropriate non - native plant material selected for t vegetation shall be consistent with LCP Subsection I- 3 -L -6. a i 3. Erosion control devices shall be installed in coordination with clearing, grubbing, and grading of upstream construction; the Grading Plan shall describe the location and timing for the installation of such devices and shall describe the parties responsible for repair and maintenance of such devices. 4. Erosion control measures for grading and construction done during the period from April 15 to October 15 will be implemented by October 15 and maintained as necessary through April 15. For grading and construction commencing in the period from October 15 to April 15, erosion control measures will be implemented in conjunction with the project in a manner consistent with the County of Orange Grading Code. Erosion control measures for areas not affected by grading and construction are not required. 5. Where new recreational trails are planned in open space areas, they will be located and constructed to minimize erosion. t A Master Drainage and Runoff Management Plan was approved by the County of Orange in December, 1989. Amendments will be prepared for all future development projects located outside the area covered by this Master Plan. Newpon Coast LCP Second Amendment December 3. 1996 I -3.26 1 J. SEDIMENT POLICIES The Sediment Policies which follow provide the framework for the preparation of a "Master Drainage and Runoff Management Plan ". This Plan shall be submitted to the County of Orange for review and approval concurrent with the first Coastal Development Permit application as required by LCP Subsection II -3 -B -111. Required sediment basins (e.g., debris basins, desilting basins, and /or silt traps) shall be installed in conjunction with the initial grading operations and maintained through the develop- ment/construction process to remove sediment from.runoff. 2. To prevent sedimentation of off -site areas, on -site vegetation shall be maintained where feasible. Vegetation shall be replanted from seed /hydroseed to help control sedimentation where necessary. Native and /or appropriate non - native plant material selected for vegetation shall be consistent with LCP Subsection I- 3 -L -6. 3. Temporary mechanical means of controlling sedimentation such as hay bales, earth berms and /or sand - bagging around the site, may be used as part of an overall Erosion Control Plan, subject to County approval. 4. Sediment movement in the natural channels shall not be significantly changed in order to maintain stable channel sections and to maintain the present level of beach sand replenishment. 5. Sediment catch basins and other erosion control devices shall be designed, constructed and maintained in accordance with the County of Orange Grading Code. t A Master Drainage and Runoff Management Plan was approved by the County of Orange in December, 1989. Amendments will be prepared for all future development projects located outside the area covered by this Master Plan. Newpon Coast LCP Second Amendment December 3. 1996 I -3.27 K. RUNOFF POLICIES 4 The Runoff Policies which follow provide the framework for the preparation of a "Master Drainage r and Runoff Management Plan ". This Plan shall be submitted to the County of Orange for review and approval concurrent with the first Coastal Development Permit application as required by LCP Subsection II -3 -B -1 lt. P'. i 1. Peak flood discharge rates of storm water flows in the major streams shall not exceed the peak i rates of storm water runoff from the area in its natural or undeveloped state, unless it can be demonstrated that an increase in the discharge of no more than 10% of the natural peak rate will not significantly affect the natural erosion/beach sand replenishment process, 2. Drainage facilities shall be designed and constructed in accordance with the County of Orange Flood Control District Design Manual. S t 3. Storm runoff water shall be directed to storm drains or suitable water courses to prevent surface t- runoff from damaging faces of cut and fill slopes. t 4. Adequate maintenance of retention basins shall be assured as a precondition to the issuance of ' i. grading permits. 5. Natural drainageways will be rip- rapped or otherwise stabilized below drainage and culvert discharge points in accordance with County of Orange policies. 6. Runoff from development will be conveyed to a natural drainageway or drainage structure with sufficient capacity to accept the discharge. t A Master Drainage and Runoff Management Plan was approved by the County of Orange in December. 1989. Amendments will be prepared for all future development projects located outside the area covered by this Master Plan. Ncuport Coast LCP Second Amcndment Dccembcr 3, 1996 1- 3,28 L. GRADING POLICIES Prior to implementation level development approvals (i.e., tentative tract, site plan, etc.), the applicant shall submit soils engineering and geologic (if appropriate due to slope conditions) studies as necessary to the Manager, County of Orange EMA Development Services Division (DSD). These reports will assess potential soil related constraints and hazards such as slope instability, settlement, liquefaction, or related secondary seismic impacts as determined appropriate by the DSD Manager. All reports shall recommend appropriate mitigation measures and be completed in the manner specified in the County of Orange Grading Manual and State /County Subdivision Ordinance. Pursuant to the Orange County Grading Code, the permit applicant shall provide a schedule showing when each stage and element of the project will be completed, including estimated starting and completion dates, hours of operation, days of week of operation, and the total area of soil surface to be disturbed during each stage of construction. 2. Grading allowed between October 15 and April 15 shall be subject to the Erosion, Sediment, Runoff, and Grading Policies herein and the provisions of the County of Orange Grading Code. 3. Temporary stabilization techniques may be used on areas which will be redisturbed during future construction. Permanent stabilization techniques must be used in all other areas. 4. Disposal of earthen materials removed during any development operations shall be as follows: a. Top soil for later use in revegetation shall be stockpiled on the site in previously designated areas approved by the permit- issuing authority. Runoff from the stockpiled area shall be controlled to prevent erosion. b. Other earthen material shall be disposed at locations approved by the permit issuing authority. c. Except for necessary drainage improvements and /or erosion control modifications, no materials shall be placed within the 100 year flood -plain of coastal waters and /or streams. Newport Coast LCP Second Amendment December 3. 1996 1 -3.29 5. Where construction activities during the rainy season would involve substantial foot or vehicle traffic, or stockpiling of materials in a manner that would prevent establishment of temporary vegetation, alternative temporary stabilization methods shall be used. r 6. All cut and fill slopes in a completed development involving grading shall be stabilized through planting of native annual grasses and shrubs, or appropriate non - native plants valuable for erosion protection. All cut and fill slopes shall be planted under the direction of a licensed landscape architect, sufficient to provide a mixture of deep rooted permanent plants and nursery z crops valuable for temporary stabilization. r 7. Removal of natural vegetation will be limited to graded areas, access /haul roads, and areas required for fuel modification. Construction equipment shall be limited to the approved area to be disturbed except for approved haul roads. 4 r S. All residential Planning Areas: The visual effect of grading required for housing will be minimized and /or mitigated by contouring as follows a. A smooth and gradual transition between graded and natural slopes will be maintained. b. A variety of different slopes will be used to reflect a natural appearance. i 9. In PA 3A and PA 313, houses adjacent to Pacific Coast Highway will be separated from Pacific Coast Highway by a change in grade. 10. In PA 9, cuts and fills will be balanced on -site. 11. In PA l0A and PA IOB, the visual effect of grading will be minimized and /or mitigated by contouring as follows: a. For final slopes, the angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Nm'pon Coast LCP Second Amendment December 7. 1996 I -3.30 I b. For final slopes, sharp, angular forms shall be rounded and smoothed to blend with the natural terrain. 12. Grading shall be allowed in those portions of PA 5, PA 6, PA 12A, PA 1213, PA 12C, PA 12D, and PA 17 to the extent required to accommodate road alignments, connections, and /or improvements as provided in a Coastal Development Permit(s) for any such road project(s). 13. All grading will conform to the County of Orange Grading Ordinance. M, DEVELOPMENT /OPEN SPACE EDGES POLICIES The edge conditions throughout The Newport Coast vary greatly and the lines shown on the Land Use Plan show approximate development/open space boundaries which will be more precisely located with subdivision map submittals. Along appropriate edges of PA 11A, PA 12A, PA 17, and PA 21 B, one or more of the following or other treatments will be used to protect open space and habitat values from development, protect public views, and /or provide fire safety. Landscape screening (including low walls, shrubs, and /or trees) and topographic screening (including berms and contour grading) will soften development edges visible from public areas. 2. In PA 3A, PA 3B and PA 14, the building setback from Pacific Coast Highway will be 100 feet for landscaping and buffering purposes. 3. In PA 6, where dwelling units are proposed on ridgelines and within 200 feet of the boundary of public recreation lands, setbacks, landscape screening, and topographic screening will be used to soften the visual impact of development as viewed from public lands. 4. Where development adjoins coastal scrub and chaparral in dense stands, an "ecotone" area will be created by thinning out woody plants in the buffer zone. Within the "ecotone" area grasses will be introduced or allowed to invade the open spaces. Such an "ecotone" will enhance and Newport Coast LCP Sccond Amcndment Dccembc, 3. 1996 I -3.31 protect wildlife and reduce fuel for fires, and will utilize either native California or non - invasive non - native plants. The establishment and maintenance of the "ecotone" area shall conform to r' the requirements of the County of Orange Fire Marshall. r, 5. Fuel modification, including selective thinning of natural vegetation, clearing and revegetation, introduction of fire resistant vegetation, installation of irrigation, may be required in order to ensure an appropriate transition from the natural area to urban development.' • Reasonable efforts will be made in the siting of structures and selection of construction materials to minimize the need for fuel modification. r- • Where feasible and consistent with habitat management objectives, fuel modification will be located toward the development side of the edge. • Grading or discing for fuel modification shall not be permitted. k 6. A program of fuel modification zones and /or firebreaks shall be formulated as required. The width and type of the fuel modification zone will be determined by the siting of structures, access of firefighters, density of vegetation, terrain, direction of prevailing breezes, etc. 7. Appropriate fire protection for structures in high fire- potential areas in The Newport Coast Planned Community shall be provided by using fire- resistant building materials and adequate setbacks when required on natural slopes. The County- adopted "Fire Prevention Planning Task Force Report" shall be used as the basis for fire - prevention, subject to the following standards and fuel modification descriptions: a. Fire hazard potentials shall be determined for projects proposed within the hillside areas by a landscape architect. Factors such as types and moisture content of existing vegetation, prevailing winds, and topography shall be used to determine areas of fire hazard potential. Areas shall be ranked and mapped to identify fire prevention treatments and fuel modification zones. (For example, low fire hazard areas are located where existing vegetation has a year- around high moisture content and the topography is relatively flat. Newport Coast LCP Second Amendment December 3, 1996 1 -3.32 Steep narrow canyons have a much higher fire hazard potential because heat and winds concentrate to drive the fire upwards much like a chimney.) b. A combination of techniques, including required building materials such as tile roof treatments, setback restrictions for combustible construction, irrigated buffer zones, and graduated fuel modification zones which entail selective removal of a percentage of the vegetative fuels, shall be used to lessen fire hazards. The minimum amount of native vegetation shall be selectively thinned to control the heat and intensity of wildland fires as they approach a residential area while preserving to the maximum extent feasible the quality of the natural areas surrounding the site. c. A Fuel Modification Plan shall be required and approved by the Director of Planning /EMA prior to obtaining any building or grading permits. The Plan shall identify appropriate setbacks and widths of fuel modification, amounts and types of vegetation to be removed and retained, and specify proposed irrigation methods to reduce the risk of fire in hillside areas. The Plan shall be approved by the Orange County Fire Department prior to submittal to the Director of Planning /EMA. d. Fuel Modification Plans shall be prepared as a condition of development to protect as much of the existing native vegetation as possible while providing adequate protection for residential structures from fire hazards. In no event shall thinning of more than 3090 of native vegetation extend beyond 170 feet from the outward edge of residential structures (or 150 feet from the 20 -foot backyard setback) in the extreme fire hazard potential areas. Fuel modification shall not occur beyond 250 feet from the 20 -foot backyard setback in the extremely hazardous zones. Fuel modification in low fire hazard potential areas shall not extend more than 175 feet. Minimal irrigation during dry periods and fire represent sprinklers for native vegetation are preferred methods to reduce the width or area of fuel modification. The intent of the Fuel Modification Plan is not to create a static 250 -foot wide band surrounding development, but rather an undulating width that reflects topography and fire Newport Coast LCP Second Amentlmen[ December 3. 1996 I -3.33 hazards potential. The band shall be as narrow as possible to protect proposed structures, but in no event wider than 250 feet in extreme hazardous areas. e. No combustible structures including, but not limited to, houses, wood decks, sheds, r gazebos, and wood fences shall be located within a 20 -foot backyard setback as measured . from the outward property line. Irrigation systems must be installed and operated within r.. this setback to ensure a reasonable moisture content in planted areas. f. Annual maintenance shall be addressed in the Fuel Modification Plan approved as part of the Coastal Development Permit Procedure specified in LCP Chapter II -10. A public hearing shall be required to assure compliance with fuel modification standards and guarantee that the least amount and correct species of vegetation are thinned in accordance with the approved Fuel Modification Plan. Fuel Modification Plans proposing vegetation alterations within the PC (CD) District Appeals Jurisdiction may be subject to appeal review by the California Coastal Commission as provided for in the PC (CD) District Regulations. 1 g. As a condition of Final Tract Map approval, project developers shall record deed restrictions that acknowledge the fire hazard potential and assign responsibility for maintenance of fuel modification zones and programs. h. Access roads, trails, or fire roads may be located within fuel modification areas to reduce alteration of native vegetation. i. The risk of fire adjacent to PA 9, the golf course, and other lower /landscape areas is substantially less than that at the tops and upper slopes of ridges. Therefore, a limit for fuel modification in this area shall be 150 feet from any habitable structure. In no event shall grading occur in the Conservation Planning Areas, and any vegetative thinning and /or replanting shall be limited to within 150 feet of the structure. Likewise, this is the maximum distance for fuel modification and flexibility for narrower widths is appropriate. Newyort Coast LCP Second Amendment December 3, 1996 I -3.34 8. Where native specimen vegetation is retained within fuel modification areas, these areas shall be properly maintained to minimize fire risk. 9. Fuel breaks necessary for the protection of life and property as determined by the County Fire Marshall shall be provided for development areas. Fuel modification shall be limited to zones established adjacent to proposed development. Graduated clearing and trimming shall be utilized within these zones to provide a transition between undisturbed wildland areas and the development edge. Clearing or removal of native vegetation for fuel modification purposes shall be minimized by placement of roads, trails, and other such man -made features between the development and wildland areas. To minimize fuel modification area, other techniques (such as perimeter roads, design techniques, elimination of wood balconies and decks, fire retardant siding and the roofs) shall be incorporated in the design and development of projects. 10. Adequate roads, water sources, and needed fire protection services shall be provided concurrent with development, located within or immediately adjacent to the developed area. Newpon Coast LCP Second Amendment December 3. 1996 1 -3.35 CHAPTER 4 DEVELOPMENT POLICIES A. TOURIST COMMERCIAL POLICIES 1. PELICAN HILL DESTINATION RESORT (PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, AND PA 13F) a. Principal permitted use for Coastal Act purposes includes overnight/resort accommodations (such as hotel and motel rooms, casitas, resort and time -share condominiums), and uses ancillary to and directly supportive of overnight/resort accommodations, including retail commercial, service commercial, conference and meeting facilities ancillary to the accommodations, recreation and health facilities, golf courses, parking facilities in surface and /or subterranean structures, and other support facilities normally associated with resort hotels such as food preparation, housekeeping, maintenance, and manager's areas. b. Principal permitted uses and accessory uses, including accommodations, resort facilities, and the golf course clubhouse but excepting parking facilities and day -use commercial facilities specified in (c) below, shall be allowed up to a total of 2.66 million square feet. Within this total area, the following intensity of use criteria shall apply: 1) No one of the Planning Areas PA 13A, PA 1313, PA 13C, PA 13D, PA 13E, or PA 13F shall contain more than 60,000 square feet of single, continuous primary ballroom/exhibition space. ( "Single, continuous primary ballroom/exhibition space" denotes one large -scale meeting /convention area and does not include the square foot- age of conference facilities with smaller individual meeting rooms.) 2) In these six Planning Areas, the total square footage of conference and meeting space, including primary ballroom/exhibition space and individual meeting rooms, shall not exceed 140,000 square feet. 3) A total of 1,900 overnight/resort accommodations are allowed. Newport Coast LCP Second Amendment December 3, 1996 I -4.1 4) Within Planning Areas PA 13A -13F and PA 14, there shall be a maximum of 2,150 overnight/resort accommodation units. Of this total, (1) no more than 1,800 units may be individually owned; and (2) at least 350 units shall be hotel, motel or other non - individually owned, non - timesharing condominium resort accommodations. Coastal Development Permits for individually owned and timesharing condominium overnight/resort accommodations shall be conditioned to require contracting with a c, management company or companies to supply rental services to the project (e.g., L_ advertising of units to the general public, taking reservations for the general public, housecleaning, guest check -in, security, etc.). 5) Casitas shall be counted as follows with respect to the maximum 1,900 permitted r` overnight/resort visitor accommodations: a) Casitas with one or two bedrooms shall be considered one (1) overnight/resort accommodation; and b) Casitas with 3 or more bedrooms shall be considered two (2) overnight/resort accommodations. c. Day -use retail commercial facilities, in addition to those included within hotels and other accommodations areas, are allowed, and will not exceed a total of 75,000 square feet of floor area. d. The architectural character of the resort area will be derived from Mediterranean hillside communities. Multi- storied structures will be varied in vertical and horizontal dimensions to reflect the hillside terrain. The building heights, setbacks, and site coverages set forth below and on Exhibit J have been designed specifically to create this Mediterranean character. The combination of building height limits, site coverage limits, and building setbacks will create a terraced effect by placing lower structures in front of higher structures, and will break up building masses by controlling the number and location of taller structures. e. Maximum building heights are designated by individual height zones on Exhibit J. Newport Coast LCP Second Amendment December 3, 1996 1 -4.2 C' r' F[EL OC AM GOOLE RCWHIr HERMCT BOO HES o awmd AM@RdMW The Newport Coast Local Coastal Program Exhibit J NOT T�1 oeOa„oer a Taee f. The following maximum building coverages are expressed as a percentage of each planning area's total gross acreage: 1) The maximum building coverage (excluding parking structures) within each planning 0tx11 PA 13A: Overall coverage = 40% maximum PA 13B: Overall coverage = 28% maximum PA 13C: Overall coverage = 50% maximum PA 13D: Overall coverage = 50% maximum PA 13E: Overall coverage = 25% maximum PA 13F: Overall coverage = 20% maximum 2) The distribution of maximum building coverage by various height categories, for any structure or portion thereof, within the six planning areas is as follows: PA 13A: The 40% maximum is distributed as follows: Structures up to 50 ft. in height = 22% maximum; Structures up to 65 ft. in height = 10% maximum; Structures up to 85 ft. in height = 6% maximum; and Structures up to 105 ft. in height = 2% maximum. PA 13B: The 28% maximum is distributed as follows: Structures up to 50 ft. in height = 20 %; and Structures up to 65 ft. in height = 8 %. PA 13C: The 50% maximum is distributed as follows: Structures up to 40 ft. in height = 32% maximum; Structures up to 60 ft. in height = 10% maximum; and Structures up to 80 ft. in height = 8% maximum. N e%pon Coast LCP Second Amendment December 3. 1996 1 -4.4 PA 13D: The 5057o maximum is distributed as follows: Structures up to 40 ft. in height = 32% maximum; Structures up to 60 ft. in height = 10% maximum; and Structures up to 80 ft. in height = 8% maximum. PA 13E: The 25% maximum shall all be in structures up to 35 ft. in height (i.e., no further distribution by height). PA 13F: The 20% maximum shall all be in structures up to 35 ft. in height (i.e., no further distribution by height). 3) Minimum building setbacks from Pacific Coast Highway PA 13A: All structures will be a minimum of 300 feet from PCH. Structures in excess of 30 feet in height and up to 85 feet in height will be a minimum of 350 feet from PCH. Structures in excess of 85 feet in height will be a minimum of 550 feet from PCH. PA 1313: Structures in excess of 50 feet in height will be a minimum of 1,350 feet from PCH. PA 13C/ Structures in excess of 40 feet in height will be a minimum of 1,600 feet PA 13F: from PCH. PA 13D/ Structures in excess of 40 feet in height will be a minimum of 2,800 feet PA 13E: from PCH. 4) Terracing Criteria a) Planning Area 13A: Consistent with Exhibit J and the overall site design ultimately required for a Coastal Development Permit application, lower structures shall be located in front of higher structures so as to present an architectural terracing effect as structures step back from Pacific Coast Highway. Newport Coast LCP Second Amendment December 3. 1996 I -4.5 b) Plannine Area 1313: Consistent with Exhibit J and the overall site design ultimately required for a Coastal Development Permit application, lower structures shall be located in front of higher structures so as to present an architectural terracing effect as structures step back from Pacific Coast Highway. 5) Landscape Screening i. F s z.. Landscape screening in the form of earth berms, edge planting along Pacific Coast Highway, golf course landscaping, and hotel landscaping will all combine to act as i screening to soften building massing as viewed from Pacific Coast Highway. r i g. Access will be from Newport Coast Drive via a network of local roadways. h. Minimum landscaping for each site shall be 15 % of the net area of the site. i i. Minimum building setback from Newport Coast Drive will be 50 feet. Minimum setback for surface parking from Newport Coast Drive will be 10 feet. j. Grading of the Tourist Commercial sites will create a smooth and gradual transition between new and existing grades. r k. Grading of Tourist Commercial sites may be done concurrently with grading for the golf course to balance cut and fill within the resort area and to reduce the total amount of time during which major grading operations will need to be conducted. 1. The landscape treatment will reinforce the architectural elements of the Tourist Commercial sites within the natural and cultivated landscape of the golf course. m. A shuttle service for visitors will connect the visitor - serving areas with each other and with the John Wayne Airport. Newport Coast LCP Second Amendment December J. 1996 1 -4.6 2. LOWER WISHBONE (PA 14) a. Principal permitted use includes overnight/resort accommodations and uses ancillary to and directly supportive of overnight/resort accommodations, including rooms, retail commercial, and service commercial uses, and incidental and other support facilities normally associated with resort hotels such as food preparation, housekeeping, maintenance, and manager's areas. b. Incidental and accessory commercial development shall include only uses supporting and directly relating to the adjacent park, overnight/resort accommodations, and recreational visitor activities. c. Maximum number of overnight/resort accommodations (i.e., hotel or motel guest rooms or casitas) shall be 250. Within Planning Areas PA 13A -13F and PA 14, there shall be a maximum of 2,150 overnight/resort accommodation units. Of this total, (1) no more than 1,800 units may be individually owned; and (2) at least 350 units shall be hotel, motel or other non - individually owned, non - timesharing condominium resort accommodations. Coastal Development Permits for individually owned and timesharing condominium overnight/resort accommodations shall be conditioned to require contracting with a management company or companies to supply rental services to the project (e.g., advertising of units to the general public, taking reservations for the general public, housecleaning, guest check -in, security, etc.). d. Principal permitted uses and accessory uses, including overnight/resort accommodations and all directly supporting commercial facilities but excluding parking facilities and the day -use commercial described in (f) below, shall not exceed a total of 300,000 square feet. Within this total area, Planning Area PA 14 shall not contain more than 18,750 square feet of meeting space. e. Casitas shall be counted as follows with respect to the maximum 250 permitted overnight/resort visitor accommodations: Newport Coast LCP Second Amendment December 3, 1996 1 -4.7 1) Casitas with one or two bedrooms shall be considered one (1) overnight/resort accommodation; and 2) Casitas with three or more bedrooms shall be considered two (2) overnight/resort accommodations. f. Day -use retail commercial facilities, in addition to those included within hotels and other accommodations areas, are allowed and shall not exceed 25,000 square feet of floor area. T f r g. Maximum height of structures shall be 35 feet, except towers, gables, spires, flag poles, r^ chimneys, mechanical equipment, and architectural features will have a maximum height of 47 feet. i_ h. Maximum building site coverage (excluding parking structures) shall be 50 %. I i. Minimum site landscaping shall be 15% of the net area of the site. To minimize to the extent practicable any views of the hotel parking areas from inland portions of Crystal Cove State Park, landscape screening shall be provided parallel to the perimeter of parking areas in Planning Area PA 14 which border Muddy Canyon. y j. Minimum building setback from PCH is 100 feet. Surface parking is permitted in setback area. 3. LAGUNA CANYON (PA 20A) a. Principal permitted use includes retail commercial, service commercial, commercial recreation, and incidental and accessory uses supportive of and directly related to permitted uses and /or public works facilities. b. Principal permitted uses and accessory uses shall not exceed a total of 75,000 square feet of floor area. Newpon Coast LCP Second Amendment December 3, 1996 1 -4.8 c. Access to the tourist commercial facilities will be directly from Laguna Canyon Road. d. The maximum height of facilities will be one -story and thirty-five (35) feet. e. Vegetation and drainage courses in Category D ESHA's will be altered or eliminated. f. Maximum building site coverage (excluding parking structures) shall be 45 %. g. Minimum setbacks: 1) Building from Laguna Canyon Road = 50 feet minimum; and 2) Surface parking from Laguna Canyon Road = 10 feet minimum. h. Prior to, or concurrent with the recordation of the first final development map in PA 20A, the landowner shall record an offer to dedicate PA 16A and PA 16B. Such offer shall be subject to immediate acceptance by the County of Orange for a period of three (3) years. In the event that the County does not accept the offer during that time period, said offer shall be available for acceptance by the City of Laguna Beach for a period of three (3) years thereafter. B. GOLF COURSE POLICIES 1. Planning Areas PA 10A and PA lOB will contain golf courses that will serve both visitors and residents. At least 50 percent of all golf course play will be reserved for visitors, including guests staying in on -site accommodations. To the extent that golf course, tennis court, and other recreational facility usage is not required to serve the recreational needs of visitors to uses located in Planning Areas PA 13A through PA 13F and PA 14, golf course, tennis court, and other play shall be made available to the public on an advance reservation basis. In order to minimize conflicts and allow efficient scheduling, a visitor play area may be separate from a resident play area. Newport Coast LCP Second Amendment December 3. 1996 I -4.9 2. Principal permitted use includes golf courses, lakes, ponds, and associated drainage facilities, driving ranges, clubhouses, tennis courts, athletic clubs, and incidental and accessory commercial and non - commercial recreation facilities. Except for the golf course play area, driving range, and putting greens, all golf course related uses shall be included within the total square footage allowed for PA 13 uses. c' 3. Collector roads to serve visitor accommodations and other land uses will be located in PA I OA. 4. Golf courses will be subject to a permanent open space easement upon completion. F 5. As part of the review and approval of a coastal development permit for the golf course in PA l0A and PA IOB, a "Riparian Habitat Creation Program" (RHCP) will be submitted in accordance with the following criteria and the standards set forth in LCP Subsection II- 6 -E -8t: a. Drainage profiles will be re- constituted and new riparian habitat will be established in selected drainage courses in PA l0A and /or PA I I totaling approximately 4,000 lineal feet and utilizing one or more of the following enhancement concepts (see Pelican Hill Drainage Habitats, Larry Seeman Associates, September 1986, provided in the Appendix to this LCP, for further definition of enhancement concepts): 1) Sycamore planting; 2) Willow planting; 3) Willow /mulefat establishment; 4) Elderberry riparian establishment; 5) Grade control; 6) Pocket riparian establishment; 7) Arroyo enhancement/establishment; and 8) Pond establishment. t RHCP finalized in January 1990 and installed with construction of the golf courses. Nc. -port Coast LCP sccond Amcndrom D,,ccmbcr 3, 1996 I -4.10 b. The Riparian Habitat Creation Program will ensure that runoff from the golf course and the water features of the golf courses will be used as sources of year -round water supply for the support of riparian vegetation enhancement in drainage courses identified in PA l0A and PA 11B, and that any water supply required to supplement these sources for nourishment of riparian vegetation shall be provided. c. The Riparian Habitat Creation Program will specify an implementation schedule phased with the construction of the golf course. d. The Riparian Habitat Creation Program will specify a minimum width of 15 feet on both sides of the drainage course. Therefore, the minimum width of the drainage course will be 30 feet. e. The riparian drainage course shall include an understory similar to that found in Buck Gully and Los Trancos Canyon. Existing non - native plants shall be carefully removed only as necessary to retain the integrity of the riparian corridor. f. Water quality in the riparian drainage course shall be monitored. The monitoring program shall be submitted prior to coastal development permit approval for the golf course. C. RECREATION /PUBLIC ACCESS POLICIES Land use policies concerning recreation and public access are applicable to specified planning areas only. Planning Area PA 17 contains 2,807 Crystal Cove State Park. A Public Works Plan has already been certified by the Coastal Commission for this planning area obviating the need to include separate policies in this LUP. Planning Areas PA 18, PA 19, PA 21A, PA 21B, PA 21C, and PA 21D accommodate the County's Irvine Coast Wilderness Regional Park as described in LUP Chapter 3. Recreation Planning Areas PA 11A, PA 11B, PA 12A, PA 12B, PA 12C, PA 12D, PA 12E, PA 12H and PA 121 adjoin Newport Coast LCP Second Amendment December 3. 1996 1-4.11 f' residential land use areas and preserve archaeological /paleontological sites and identified ESHA's in Buck Gully, Los Trancos /Muddy Canyons, and the frontal slopes of Pelican Hill and Lower Wishbone. Planning Area 12F contains the existing El Morro Elementary School and PA 12J r: contains existing Laguna Beach County Water District facilities. Policies for these Planning Areas are also described in LUP Chapter 3. Recreation Planning Areas PA 16A, PA 16B, PA 20B, and PA 20C are adjacent to Laguna Canyon Road: 1. LAGUNA CANYON (PA 16A, PA 16B AND PA 20Bt) a. Principal permitted use includes parking facilities, educational and cultural facilities, recreation support facilities, flood control and drainage facilities, and public utilities. USGS Drainage Courses will be filled in these sites. These three small parcels are adjacent to Laguna Canyon Road. b. Access will be provided directly from Laguna Canyon Road. 2. PLANNING AREAS PA 12G AND PA 20C: a. Principal permitted use includes commercial recreation related to park use, specialty retail shops related to park use, restaurants and food sales serving visitors to the adjacent Regional and State Parks, educational and cultural facilities, gardens, staging areas and Regional Park support facilities. b. Principal permitted uses (excluding gardens) shall not exceed a total of 7,500 square feet of floor area directly related to and /or supportive of the 1) nearby parks and 2) recreational visitor activities. t The principal permitted uses in Planning Area 20B are subject to a deed restriction limited to open space under the provisions of an agreement with the County of Orange. Newport Coast LCP Second Amendment December 3. 1996 1 -4.12 c. The maximum height of facilities will be one -story and fifteen (15) feet for PA 12G and twenty -five (25) feet for PA 20C. d. Maximum building site coverage shall be 12 %. D. RESIDENTIAL POLICIES 1. GENERAL RESIDENTIAL a. All of the residential categories are described in terms of character, dwelling units, and density per gross residential acre. b. Residential categories may include public and private facilities compatible with the residen- tial uses, such as schools, libraries, post offices, museums, art galleries, parks, recreation facilities, and neighborhood commercial uses. c. Neighborhood commercial facilities within specified residential planning areas will be permitted up to a maximum of 10 gross acres with a maximum building floor area of 100,000 square feet. d. Prior to, or concurrent with, the recordation of final subdivision maps, designated open space areas within the subdivision will be subject to easements, dedications, CC &R's, or other mechanisms to ensure permanent open space use. 2. PELICAN POINT (PA 9) a. Primary structures within Pelican Point will be designed and supported so that the stability of such structures will not be affected by bluff erosion, assuming no shoreline protection, for a minimum of 50 years. Setbacks, deep foundation support, and /or other methods may be used subject to a geologic report and County approval. Newport Coast LCP Second Amendment December 3. 1996 I -4.13 b. Oceanfront setbacks will be subject to an open space easement as a condition of development approval. c. Grading, as it may be required to establish proper drainage, install landscaping, construct s- trails and related improvements, protect adjacent development, repair bluff slopes, and improve bluff stability, may be permitted within the setback. F.. t.. d. Pelican Point will provide for a bluff top trail connecting Crystal Cove State Park, where topographic and geologic conditions permit'. e. A smooth and gradual transition between graded and existing slopes will be maintained. f. The golf course in PA 10A and PA lOB north of Pacific Coast Highway may be extended i into PA 9 subject to the Golf Course Policies contained in the preceding LUP Section I -4- B. Golf course usage may include related clubhouse and /or incidental and accessory golf j course uses which shall be limited to a maximum of 10,000 square feet. Such golf course - related uses shall be included within the total square footage allowed for PA 13 uses, as provided for in Subsection A -1 -b of this Chapter. If the golf course is extended into PA 9, the clustering of residential development shall concurrently be permitted in PA 9. j Clustered residential use may include residential planned developments, condominiums, and stock cooperatives, subject to the Residential Policies conformed in this Section, and a maximum building height of twenty-eight (28) feet. 3. WISHBONE RIDGE (PA 6) a. In order to protect the visual and habitat resources of Wishbone Ridge, residential development will be limited to a maximum of 75 single - family dwelling units and shall require a public hearing before the Planning Commission. b. Lot size will be a minimum average of 30,000 square feet. I The bluff top trail has been constructed. Newpon Coast LCP Second Amendment December 3, 1996 I -4.14 c. Access will be from a network of local roadways. d. Any necessary buffer or transition zones between PA 6 and PA 17 (i.e., Crystal Cove State Park) will be located within PA 17 in accordance with established easements. e. In order to maximize visual protection for public lands in the Wishbone Ridge area of Crystal Cove State Park, the subdivision of PA 6 shall assure that individual lots can be developed for single family homes in such a way as to maintain the existing undeveloped visual qualities (i.e., the visual character of the indigenous plant community) as viewed from the potential Moro Canyon Trail shown on Exhibit K. All lots within PA 6 shall be configured in such a way as to allow the future homeowner the ability to meet the aforementioned policy standard. In addition to applying this review standard at the subdivision stage, each permit application for development on these lots shall demonstrate how the individual lot development (structures and fencing) maintains the existing undeveloped visual qualities as viewed from the potential Moro Canyon Trail shown on Exhibit K. At the time of subdivision, all lots in PA 6 shall incorporate a building envelope which indicates the maximum building heights combined with necessary setbacks allowable on each parcel. The building envelope shall define the necessary combination of heights and setbacks applicable to each lot required to meet these policy standards and shall be reflected in the CDP and CC &R's for the subdivision. Development shall be sited so as to not be visible to persons located on the Moro Canyon Trail (or, if the Trail is not constructed at the time of subdivision, the proposed Trail located shown on Exhibit K). In a few cases this may be difficult to achieve, therefore, in these areas minor amounts of berming, landscaping, and the blending of exterior colors with indigenous plants and soils may be used to achieve the objective of this policy (i.e., maintain the existing undeveloped quality). The blending of slopes and use of variable slopes will be employed where reasonable to restore the natural appearance to the transition between the open space and graded areas. Night lighting shall be directed away from Crystal Cove State Park. Ne,pert CDnt LCP Second Amendment December 7. 1996 1-4.15 BUILDING SETBACK OCCASIONAL VARIABLE HEIGHT BERMS OR LANDSCAPE CLUSTERS IPLZ HHM QU1021C Q a CANYON BOTTOM DEVELOO pM EHIr CD,C VH[E c.TH[E 7 osg@nd ammdunsM The Newport Coast Local Coastal Program POTENTIAL TRAIL Exhibit K December]. 1996 —� i E. TRANSPORTATION /CIRCULATION POLICIES The Transportation Element of the County General Plan has as its primary goal to: "Develop an integrated transportation system consisting of a blend of transportation modes capable of meeting the continuous need to move people and goods by private and public means with maximum efficiency, convenience, economy, safety, and comfort; and a system that is consistent with other goals and values of the County and the region." A primary purpose of this Element is to provide an Arterial Highway System providing maximum efficiency, convenience, and safety, which is implemented in a manner that requires the provision of those roadways to keep pace with development. A key policy for arterial highway development is to assign a high priority for roadway improvement/construction that would complete essential gaps in the Master Plan of Arterial Highways. The goals, purposes, and the policies of the Transportation Element of the General Plan have been reflected in this LCP. Capacity deficiencies already exist on Pacific Coast Highway and other roadways in the area surrounding the project. These deficiencies will increase to varying degrees with or without the project. However, the service levels will deteriorate to a greater degree without the project than with the project. With project implementation, there will be a substantial net increase in traffic capacity and a significant incremental improvement in level of service on both roadway links and intersections in this area. Without implementation of the project, regional commuting traffic is not offered alternate routes around capacity- deficient areas, and levels of service in these areas will continue to deteriorate from traffic related to regional traffic growth. Thus, the spirit and intent of the Transportation Element's policies to improve the level of service and operational characteristics in the area are met with this project. The Newport Coast LCP requires a significant commitment of financial resources early in the project to achieve these goals. In recognition of this financial burden to the landowner and the need to complete the project to amortize that investment, and of the importance of these traffic improvements Neupon Coast LCP Second Amendment December 3. 1996 I -4.17 to the County, it is the intent of the County and the landowner to enter into a development agreement or other mechanism. The policies that follow identify the specific assurances that the goals of the Transportation Element of the General Plan will be implemented: 1. ROADWAY IMPROVEMENTS Newport Coast Drive is designated as a 6 -lane major arterial. Pacific Coast Highway is j designated as a 6 -lane major arterial highway from mmiediately north of Newport Coast Drive to the southern boundary of PA 14; and a 4 -lane primary arterial highway from Newport Coast T Drive to the City of Newport Beach, and south of PA 14 at the City of Laguna Beach. The alignment for Newport Coast Drive is shown on the Land Use Plan (Exhibit F) and Exhibit L. The alignment for Pacific Coast Highway remains in its current location within the Plan, as shown on Exhibit F. Adjacent to The Newport Coast Project, Pacific Coast Highway will be widened to its master planned width in conjunction with adjacent Newport Coast development areas. Widening adjacent to State Park facilities is to:be completed by others. Typical sections for these roadways are shown on Exhibits M and N. 2. ROADWAY PHASING The construction of Newport Coast Drive. and Pacific Coast Highway widening improvements shall be implemented in a manner which is consistent with policies adopted in the 1981 Irvine Coast LCP. Newport Coast Drive shall be phased such that four travel lanes from Pacific Coast Highway to MacArthur Boulevard shall be completed prior to issuance of the certificate of occupancy for development inland of Pacific Coast Highway which generates in excess of 4,560 Average Daily Trips (based upon daily trip generation from 100 low density residential units, 350 hotel rooms and 25,000 square feet of directly- related support commercial facilities approved in the previous LCP). Additional lanes of Newport Coast Drive within the project boundaries up to the maximum size of 6- lanes, shall be constructed at the time that Newport Coast development adjacent to Newport Coast Drive requires additional road capacity beyond the initial 4 -lanes to serve traffic generated by such development. Similarly, Pacific Coast Neupm Coast LCP Second Amendment December 3. 1996 I -4.18 — �' - �• :. -:f.. -ice!. __ -__- i:��'- n �' rs� , � - Any' ...;:- .. _ •': °r�`. -_ `'ice- 1, fii; :,a:"�i;�c "-'::�. >: `,.:^ � �.'�-:- r y l+ r 0' ! All p K / Y t J This a reduced facsimi a of an original 1' =500' scale e#libit `7i 1.,: i/ Source: RBF,1(VIne,CA �,���;:y` ,;: _ � .�� Coastal Development Permit Application X5-87 -M Approved 12 987 Permit Issued 1 -14-88 Exhibit L The Newport Coast Local Coastal Program No' —`—TO SCALE De beg. 1998 r� VARIES i 44' 44' L� 9' 19' 12' i 13' VARIES 13' 12' i 19' 9' r BASIC SECTION 3 s 120' r LEFT TURN LANE 9' 19' I 12' 1i 3' 10' 4' 13' 12' i 19' 9' } — SECTION WITH LEFT TURN LANE 130' :. LEFT TURN ? LANES i_ 9' 19, i 12' ii 3' i 10' i 10' 4' 13' i 12' i 19' 9' I SECTION WITH DOUBLE LEFT TURN LANE NEWPORT COAST DRIVE- 0 @0MO Exhibit M; The Newport Coast Local Coastal Program I T. DewmE r3. r93F 120' g• 44' la' 44' g'• za 121 �. 1r zo' S. I 1 a' r IMPROVEMENTS BY OTHERS NEWPORT COAST (EXCEPT ADJACENT TO PA 9) IMPROVEMENTS BASIC SECTION 102' g" 35' 14' 35' g'• 22' _ I _ 13' _ �I 13' i 22' TRANSITION / EXISTING SECTION 'UNPAVED PARKWAY pLaCMC 001%87 Ho(M,2H%vav CT,Fpo@& CiRkQ@Tom -3 The Newport Coast Local Coastal Program Exhibit N --� 2V Dewmberl I9 Highway will be widened consistent with 6 -lane major arterial standards in conjunction with adjacent development. Transitions on Pacific Coast Highway from 6 -lane major arterial standards to 4 -lane primary arterial standards shall occur immediately north of Newport Coast Drive to the City of Newport Beach, and south of PA 14 to the City of Laguna Beach. A summary of the arterial roadway phasing policies for The Newport Coast development is provided on Exhibit O, "Irvine Coast Arterial Roadway Phasing Summary." 3. Typical sections for entry roads, collector roads, residential streets, and private driveways are shown on Exhibit P. Modifications to meet special site conditions or safety needs or to reduce impacts may be approved by the County of Orange. 4. Access to arterial highways from development will occur by means of primary, secondary, and emergency access points. S. Access points on Pacific Coast Highway will be located in a manner to ensure safe and efficient traffic flows. Anticipated signalized access points serving development areas are shown on Exhibit W. Any additional access points shall be minimized to the extent feasible. 6. Residential areas may be served by private streets. 7. Arterial highways will provide access for public and private buses. Because of topographic constraints, no exclusive bus or HOV lanes are to be provided. 8. Commercial areas and /or the State Park will provide parking space for private (charter) buses and transit stops for public buses where feasible. 9. A regional Class II (on -road) bike trail will be located along Pacific Coast Highway and Newport Coast Drivel. t Class H bike trails completed with the widening of Pacific Coast Highway and the construction of full improvements for Newport Coast Drive. Newport Coast LCP Second Amendment December 3. 1996 1 -4.22 EXHIBIT O NEWPORT COAST ARTERIAL ROADWAY PHASING SUMMARY Newport Coast Local Coastal Program ROADWAY IMPROVEMENT 2 lanes of San Joaquin Hills Road - existing terminus to Newport Coast Drivel 4 lanes of Newport Coast Drive — from San Joaquin Hills Road to Development Area access.l 4 lanes of Newport Coast Drive — Pacific Coast Highway to MacArthur Boulevard.l 2 additional lanes on Newport Coast Drive (6) total between Pacific Coast Highway and San Joaquin Hills Road.l 1 additional southbound lane on Pacific Coast Highway — PA9 Frontage.I 1 additional northbound lane on Pacific Coast Highway from Sand Canyon Entry to Newport Coast Drivel 1 additional northbound lane on Pacific Coast Highway between: 1) Crystal Cove State Park and Sand Canyon Entry; I and 2) Newport Coast Drive and Corona Del Marl TRIGGERING MECHANISM Pelican Hill /Pelican Ridge Development generating up to 4,560 ADT* (PAIA, PA1B, PA1C, PA2A, PA2B, PA2C). Occupancy of development inland of Pacific Coast Highway generating in excess of 4,560 ADT. * Adjacent Pelican Hill Frontal Slope Occupancy (PA13A, PA13B). Adjacent Pelican Point Occupancy (PA9). ** Adjacent Pelican Hill Frontal Slope Occupancy (PA13A, PA13B). Adjacent Pelican Hill Ridge /Pelican Hill Frontal Slope Development and adjacent Muddy Canyon Occupancy (PA13C, PA13D, PA14). Initial development inland of Pacific Coast Highway shall be limited to a 4,560 ADT total trip ceiling prior to the implementation Newport Coast Drive to MacArthur Boulevard, which equates to development allowed inland of Pacific Coast Highway in the 1981 LUP approval. Said initial development inland of Pacific Coast Highway shall be allowed in Planning Areas PAIA. PAIR, PA1C. PA2A. PA2B. PA2C. PA3A, and PA3B, as long as the total cumulative trip generation does not exceed the 4,560 ADT ceiling. ** Implementation of Planning Areas PA3A. PA311, and PA9 is not only subject to the applicable restrictions discussed in the previous footnote but is further limited to allow issuance of building permits in those areas only when the grading of Newport Coast Drive has started. Further. the amount of development. on a cumulative basis, for Planning Areas PA4A, PA4B, and PA9 is to be limited so that the 101st occupancy permit cannot be issued prior to the opening of Newport Coast Drive through to MacArthur Boulevard. Roadway improvements have been completed. Newport Coast LCP Second Amendment December 3. 1996 I -4.23 Q 6' 20' r 20' 8' 40' 56' ENTRY ROAD ENTRY ROAD 66' R/W av av R/W COLLECTOR ROAD HM — cv R/W RESIDENTIAL STREET <500 ADT EBODEHML BU ° C EVO= no�, 20' PRIVATE DRIVES The Newport Coast Local Coastal Program r E t 4" s' i 4 r" F' z 3 Y 1. t Exhibit P z, December ], 1996 �I 10. Roadway design will generally reflect a rural rather than urban character. Where feasible, precise roadway alignments shall preserve the natural topography and avoid environmentally sensitive areas. 11. Modifications to existing roadway standards will be carefully considered where justified by safety and circulation conditions. 12. Where appropriate, sidewalks will not be required in Low Density and Medium -Low Density residential areas that abut open space areas. 13. Public vistas to the ocean will be afforded along Newport Coast Drive where feasible[. 14. Roadway grading shall be blended into existing topography by contour grading, where feasible. Retaining walls and other structures .may be used to minimize grading impacts. 15. Visibility of terrace drains will be minimized to the greatest extent feasible through landscaping. 16. Any landscaping on public roads will make a gradual transition to native vegetation where applicable. 17. Improvements to accommodate widening of Pacific Coast Highway shall be allowed, and constitute a principal permitted use in PA 3A, PA 313, PA 9, PA 10A, PA IOB, PA 14, and PA 17. 18. In 1979, the County certified final EIR 267 for the San Joaquin Hills Transportation Corridor (State Route 73) and selected a locally - preferred route which would involve grading and construction in a small portion of the most inland area of coastal zone. This alignment will be under further review in a joint EIR /EIS currently being prepared with CalTrans as the lead agency for CEQA purposes and the FHWA as the lead agency for NEPA purposes. The following policy provides for the grading area identified pursuant to EIR 267: Completed with approval of CDP (CD 91- 007P), that permits three view parks along Newport Coast Drive. Neupon Coast LCP Second Amendment December 3. 1996 I -4.25 a. San Joaquin Hills Transportation Corridor: Improvements in the grading area identified in Orange County EIR 267 required to accommodate grading and construction for the San Joaquin Hills Transportation Corridor _ (SJHTC, SR 73) may be located in PA 2C and PA 6 when found consistent with the LCP in a Coastal Development Permit for the SJHTC, SR 73. i 19. The policies below provide for grading and construction required for the following project: a. Laguna Canvon Road: Improvements to accommodate the widening and /or relocation of Laguna Canyon Road shall be allowed in PA 16A, PA 1613, PA 20A, PA 2013, PA 20C, PA 21 A, and PA 21 B, provided that any such project is. the least environmentally damaging feasible alternative, z as determined and approved by the California Coastal Commission. 20. Traffic management program measures, including but not limited to the following, shall be encouraged by the landowner, operators, and lessees as appropriate at all stages of project development and buildout. Each Coastal Development Permit within an individual planning area shall be accompanied by a description of specific traffic management program measures, as appropriate, which shall be carried out in furtherance of this policy: a. Vanpool and carpool programs which encourage and assist people in forming rideshare groups; b. Setting aside preferred parking for people who share rides; c. Operating shuttles to transit stops, airports, and selected points of visitor attraction from overnight/resort accommodations. The use of shuttles should be correlated with the buildout of visitor areas and real demand for shuttle services. Additionally, project hotels shall make cars available for guest use in accordance with guest needs and accepted hotel management practices; Newport Coast LCP Second Amendment December 3. 1996 I -4.26 d. Setting up "transportation stores" to disseminate information on bus schedules and ridesharing; p. e. Construction of pedestrian and bicycle paths connecting areas of interest, in accordance with County management policies and golf course /resort management needs; f. Establishing efficient signal timing to speed traffic flows; g. Within the policies of the appropriate transit provider, encourage increased frequency and range of public transit, and; h. Providing bus - related transit facilities, where appropriate, such as bus shelters, bus pullouts, and bus turnarounds. 21. Recognizing that Pacific Coast Highway is subject to complex regional impacts, the Growth Management Program is defined in IAP General Provision Subsection II- 3 -A -9. Therefore the AMR procedure in relationship to this project's traffic impacts focuses only on the link traffic volumes of Newport Coast Drive within the Coastal Area. For each year that the Orange County Annual Monitoring Report indicates that segments of Newport Coast Drive located within The Newport Coast Planned Community are shown to be operating at traffic conditions worse than Level of Service "C" during commuter A.M. /P.M. peak hours (i.e., an .80 v/c ratio or greater for an average peak hour weekday condition), the landowner shall prepare and submit a report to the County EMA to be approved by the Planning Commission containing the following information: a. An analysis that determines the source of the trips on the roadway link(s) in question by quantifying: 1) the number of trips which are directly attributable to development located within Planning Areas PA 1 through PA 10, PA 13, PA 14, PA 16 and PA 20; and 2) the remaining number of trips which are regional, through traffic, or traffic generated from other sources; and Ncwpon Coast LCP Second Amcndmcnt Decembcr 3. 1996 1 -4.27 b. If the analysis determines that the amount of trips generated by the above - referenced Newport Coast Planning Areas is 10% or more in excess of the trip generation projections estimated for equivalent levels of development in the "Irvine Coastal Areas Traffic Analysis" (Austin -Foust Associates, Inc., February 1987) then the report shall include an analysis of the traffic mitigation measure currently being implemented and recommend additional feasible mitigation measures which would be implemented within the LCP development area to further reduce project generated trips. The highway improvements and phasing as defined in this Section E and on Exhibit O, which are required by this LCP, have been determined to be of significant public benefit beyond normal project requirements so as to meet the objectives of the County's Growth Management Policy. Consistent with this LCP, highway improvements and implementation of the Growth Management Program identified above will be incorporated into subsequent agreements, if any, between the landowner and County. 22. To the maximum extent feasible, heavy construction traffic (i.e., dirt moving equipment, dump trucks, and cement trucks) will access the Newport Coastal properties of Pelican Hill from Newport Coast Drive. Construction traffic for Pelican Point, Wishbone, and Pacific Coast Highway widening requiring access from Pacific Coast Highway will be restricted on Pacific Coast Highway to periods of non -peak traffic. The applicant shall provide on -site parking for y construction vehicles working adjacent to the Pacific Coast Highway as soon as possible to minimize impacts on PCH. F. PUBLIC WORKS /INFRASTRUCTURE POLICIES L All public works /infrastructure collection, distribution, and drainage facilities within residential and commercial areas necessary to support designated land uses from these systems are principal permitted uses under this Land Use Plan. Newport Coast LCP Second Amendment December 3. 1996 1 -4.28 2. Exhibits Q, R and S illustrate the concept plans for backbone water service, sewer service, and drainage facilities, respectively. These concept plans were prepared with the most current information available but are subject to refinement at more detailed stages of planning. Necessary above - ground public works, infrastructure, and utility facilities will be located and designed to minimize visual impacts. 3. All necessary water service improvements, including pipelines, booster stations, and other facilities will be designed in conjunction with the final tract maps. 4. The water system will be designed to provide adequate fire flows. Water reservoirs may be located above ground. 5. Two water storage and transmission facilities will be located in Conservation areas to serve fire and domestic needs of adjoining development, both existing and proposed. One is currently located on the lower portion of one of the ridges in PA 17. The other will be located on the lower portion of the ridge in PA 21. 6. All necessary sewer service improvements, including pipelines, pump stations, and other facilities will be designed in conjunction with final tract maps. 7. All necessary drainage improvements, including storm drains, detention basis within drainage courses, and other facilities will be designed in conjunction with final tract maps. Neupon Coast LCP Second Amendmem Decembe, 3, 1996 1 -4.29 ri GtY Of Newpa48eaCh ..�..�. �..�..o. v.•B, •� e le UP • ze• i?c ; p • ° Pelican N.0 C o i o°'.� 12A.- 11B ' 164 45 • � o, 1g 3F 13C • �1 `. 1 `. .. pC `•� 1 •��.: .vrw` 1fJB 128 � i py � •..ice a 4B . `� • ' Crystal Cov • ` •• ' P A C I F I C O C E A N Reef Moro Cove -1 2C b •� Gl v'•i � 12(i Li •, • i G' �WV'l1U�OO lJV� ll l/Lr-�1��� VOIJVV��� OG@ @nd Q rF QRd rMui C@ r�i � The Newport Coast Local Coastal Program LEGEND = RECLAIMED WATER RESERVOIR 0 WATER RESERVOIR 0 PUMP STATION EXISTING PIPELINE WATER MAIN • COASTAL ZONE BOUNDARY PLANNED COMMUNITY BOUNDARY F==:� PLANNING AREA BOUNDARY F-21—A-1 PLANNING AREA 21A 1 teQe�l D ?S Leg ra%=h ExhIbft Q m.. DBatttbef 3.1996 Few 12E Ur rpi •19 .: ga 9 Crystal Cove State Park - rp F 17 -' - _121 ci o: G, 6-- 21B • �i 6k 204 - �WV'l1U�OO lJV� ll l/Lr-�1��� VOIJVV��� OG@ @nd Q rF QRd rMui C@ r�i � The Newport Coast Local Coastal Program LEGEND = RECLAIMED WATER RESERVOIR 0 WATER RESERVOIR 0 PUMP STATION EXISTING PIPELINE WATER MAIN • COASTAL ZONE BOUNDARY PLANNED COMMUNITY BOUNDARY F==:� PLANNING AREA BOUNDARY F-21—A-1 PLANNING AREA 21A 1 teQe�l D ?S Leg ra%=h ExhIbft Q m.. DBatttbef 3.1996 Few Oryof Nempvt Beach % 13F. % Pelican Point 17 IDS Crystal Cove y % Reef P A C I F I C 0 C E A N r/;- N 12G 210 1PA H 12E i 4A :X18i 2B 48 12C A 19 Crystal Cave Stale Park %:38 \-Z, 17 91? 12F 21C) Moro Cove N-1 10 21B vc 2a4 Abalone Point -,12H 1 '7A ^x SACK'SCHIE MWER COHMPT - a@@@nd AgR@ndgR@M The Newport Coast Local Coastal Program LEGEND UFT STATION SEWER FORCE MAIN COASTAL ZONE BOUNDARY PLANNED COMMUNrTY BOUNDARY F--� PLANNING AREA BOUNDARY F-21-A PLANNING AREA 21A Exhlbft R 0 E9 DDcwrko 3. 19% cty of Newport Beach ' . 2A r• 130 Ca• V@ 1c ° .� 13E• 115 .z j y •, 04 , :. b- • �? VC / •V w3F 3C ,B • B 4, •, p C° 1 RA Pelican Point 17 °sr yD. QJDB; l7 I d % Crystal cove %, P A C I f I C O C E A N M r.• ., - , % CIF a 12E 4A 3. 2B • �. ..., i.. • 8 12C i ° 1 ••. ' Crystal Cove State Park — B •.• i 0 • ' % 17 A 8 �i 12G i' Reef Polnt,--,- /-'x-,pc - ., ' 210 Moro Cave Abalone i' i 18' I r C 6 ' 21B U °/r- CK OHIE O �ll\llr"�1�� OOI1VO�ll✓� ° The Newport Coast Local Coastal Program LEGEND STORM DRAIN ENERGY DISSIPATORS ® DETENTION BASINS rr COASTAL ZONE BOUNDARY PLANNED COMMUNITY BOUNDARY PLANNING AREA BOUNDARY FFA-1 PLANNING AREA 1 1B 6 V 21A 18@B.ei J 4�1 � r c ° O� v Q"y 6 Exhibit S Dsama3.,998 •. i This is a . represenWw engIneeft I ph Final design sMom and and revieweel as pal of suWequarit plan appravals. 2 t S G 7 8', 9 10 11 12 13 14 "z IS 0 0 V 16 V 00 17 l8 19 20 21 23 24 25 0 P O 27 28 SECTION 2. This ordinance shall take effect and be in full force thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after the passage thereof, shall be published once in the NB /costa Mesa Dailv Pilot , a newspaper published in the County of Orange tat; of California, together with the names of the members of the oa d of S Lwervisors voting for or against the same. an of the Board of Supervisors Orange County, California SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHA RMAN OF THE BOARD (SEAL) , A,-, DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California f r' i STATE OF CALIFORNIA ) ss. - COUNTY OF ORANGE ) i. I, DARLENE J. BLOOM, Clerk of the Board of Supervisors of Orange County, California, do hereby certify that at a regular meeting of said Board held on the IrA day of nec,mhar 199_6__, the .. foregoing ordinance containing tvu sections was passed and adopted by the following vote: AYES: SUPERVISORS DONALD J. SALTARELLI, JAMES W. SILVA, AND ROGER R. STANTON NOES: SUPERVISORS NONE ABSENT: SUPERVISORS WILLIAM G. STEINER IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Board of Supervisors of Orange County, California, this 3rd day of December , 1996 . (SEAL) DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California 2. 1 ORDINANCE NO. 096 -3974 3 AN ORDINANCE OF THE COUNTY OF ORANGE, CALIFORNIA 4i APPROVING ZONE CHANGE 96 -04, A PART OF THE NEWPORT COAST LOCAL COASTAL PROGRAM 5 The Board of Supervisors of the County of Orange, 6 California, does ordain as follows: 7 SECTION 1. This Board hereby approves the attached Zone Change No. 96 -04 as considered by the Board on December 3, 1996. 8 9 10, 11 1'1 131 14 i �= 151 DO V _ 16 o =, 7 1 18 19 20 21 22 23 I 24 25 I 26 N N 27 28 IMPLEMENTING ACTIONS PROGRAM PLANNED COMMUNITY DISTRICT REGULATIONS [ya1tW" � INTRODUCTION The State of California Planning, Zoning and Development Laws of the Government Code, as articulated by the County of Orange Zoning Code and General Plan, require that all zoning be consistent with the General Plan and the Government Code. The Newport Coast LCP Implementing Actions Program (IAP) is specifically designed to be consistent with and adequate to carry out the policies of the certified Newport Coast LCP Land Use Plan, and consists of the following Planned Community (PC) District Regulations and related provisions, procedures, definitions and descriptions, including the PC Zoning Map /Statistical Summary, the PC Development Map /Statistical Table, and referenced County of Orange Codes. Newport Coast LCP Second Amendment December 3, 1996 EXH BIT T SECOND AMENDMENT PLANNED COMMUNITY STATISTICAL SUMMARY Newport Coast Local Coastal Program Note: See Exhibit X, Planned Community Statistical Table, for more detailed information. I The maximum accommodations for each development increment will not be exceeded, nor will the total number Of dwelling units and accommodations exceed the maximum permitted for the total Planned Community. Newport Coast LCP Second Amendment December 3, 1996 11 -1.2 4 i i Maximum NI AX13'ruM DEVELOPMENT INCREMENT LAND USE GROSS ACREAGE Dwelling ACCO)L%IODAnO \S PER DEVELOPNMNT Units INCREMENT 1 IA,1B,1C,2A,2B,2C Residential 3A,3B,4A,4B,5,6,7A,7B, 8,9 TOTAL RESIDENTIAL 1,873 2,600 1 10A, lOB Golf Course 354 11A,11B, Recreation — Buck Gully, Los Trancos/ 1,485 12A,12B,12C,12D,12E,12F, Muddy Canyon, Pelican/Wishbone Hill Areas 12G,12H,12I,12J 17 Crystal Cove State Park 2,807 18,19 Irvine Coast Wilderness Regional Park 677 2013,20C Recreation Parcels Adjacent Laguna Canyon 20 Road 21A,21B,21C,12D,16A,16B, Conservation 2,000 Irvine Coast Wilderness Regional Park TOTAL OPEN SPACE/RECREATION 7,343 13A Tourist Commercial 52 1,100 1 13B 30 600 1 13C 37 750 1 13D 38 650 1 13E 59 300 1 13F 14 0 1 14 30 250 1 20A 17 TOTAL COMMERCIAL 277 TOTAL Acres Within Planned Community 9,493 MAXIMUM Allowed Dwelling Units Within Planned Community 1 2,600 1 MAXIMUM Allowed Accommodations Within Planned Community 1 2,150 1 Note: See Exhibit X, Planned Community Statistical Table, for more detailed information. I The maximum accommodations for each development increment will not be exceeded, nor will the total number Of dwelling units and accommodations exceed the maximum permitted for the total Planned Community. Newport Coast LCP Second Amendment December 3, 1996 11 -1.2 4 i i City al ..�.. �. ZZ �P9 A CC ehcan Pant, Crystal Cove P A C 1 F I C O C E A N pC� QC�DD (SF!) Crystal Cove State Park MafO Core\ Abalone Point 1: Leguneo9e1al P'LaNN�r�CE�D ,C�o[tr G�M[��o��'l �Oo �]oaC� HAP a ° @ @nd /r lll ll l snd lfmf &M Exhibit U The Newport Coast Local Coastal Program 6 ]OOD 1061 Deom 3.1898 LEGEND 0 COASTAL ZONE BOUNDARY PLANNED COMMUNITY BOUNDARY FLOOD PLAIN 2 ® FLOOD PLAIN 3 SCENIC HIGHWAY DISTRICT � SIGN RESTRICTION DISTRICT ® PLANNED COMMUNITY DISTRICT ® COASTAL DISTRICT Note: See F)& ibQ W, Planned Comvx Y Dejelopnwlt Map for more dull" Inform ban. CHAPTER 2 PURPOSE AND OBJECTIVES These regulations are intended to govern the conservation and development of The Newport Coast Planned Community as a coordinated, comprehensive project in order to use large -scale urban planning to create a superior environment to comply with Section 30513(a) of the California Coastal Act of 1976. These regulations are consistent with and implement the General Plan and the Land Use Plan of The Newport Coast Planning Unit of the Local Coastal Program of the County of Orange. They are also intended to create a Newport Coast Planned Community Development Plan in compliance with Section 7 -9 -103, PC "Planned Community" District Regulations, of the County of Orange Zoning Code. These regulations propose innovative community design and site planning concepts for development, while protecting and managing large open space areas (approximately 77 percent of the site) that will be preserved through this Planned Community. These regulations also establish a logical and timely sequence for governmental review of development proposals. Discretionary permits and procedures are summarized below, and described fully in Chapter 10. A. COASTAL DEVELOPMENT PERMITS (CDP) Coastal Development Permits are required in accordance with County of Orange Zoning Code Section 7 -9 -118. A CDP implements the California Coastal Act of 1976, as articulated by The Newport Coast Local Coastal Program, and may be processed as a large -scale plan. A detailed Site Plan may also be subsequently required for certain development projects. B. ALTERNATIVE DEVELOPMENT STANDARDS With approval of a CDP, alternative development standards may be established without an LCP amendment where the standards pertain to: setbacks to residential Streets; nonresidential highways or local streets; rear and side yard setbacks for development not bordering an open space or Newport Coan LCP Second Amendment December 3. 1996 II -2.1 recreation area; building height (except for Planning Area PA 6) in areas not visible from Pacific p Coast Highway; area per unit for residential inland of Pacific Coast Highway; walls and fences; landscaping other than along Pacific Coast Highway; signage; lighting; loading, trash and storage i areas not visible from Pacific Coast Highway; vehicular driveways and sidewalks; outdoor storage r areas; and /or modifications for off - street parking requirements in areas inland of Pacific Coast Highway. Alternative development standards other than those specified above will require an LCP 9' amendment. Allowable variations in Planning Area boundaries and related matters are governed by r the provisions of Chapter 11 of this IAP. A CDP proposing to establish alternative development standards shall require a public hearing, with public notification, before the Planning Commission per Zoning Code Section 7- 9- 150.3(c) as adopted by the County at the time of Coastal Commission certification of this LCP. 4 When a Coastal Development Permit proposes to establish alternative development standards, the burden of proof shall be on the project proponent. The alternative development standards may be approved when it is found that they will result in an equivalent or better project in terms of minimizing adverse impacts and enhancing public benefits to the immediate and surrounding community. C. PRINCIPAL PERMITTED USES Land uses listed in this IAP as principal permitted uses are considered to be within the category of "Principal Permitted Use" under the County of Orange Zoning Code Section 7 -9 -118, the California Coastal Act of 1976, in general, and Public Resources Code Section 30603 (a) (4), in particular. Newpon Coast LCP Second Amendment December 3. 1996 II -2.2 CHAPTER GENERAL PROVISIONS AND REGULATIONS A. GENERAL PROVISIONS Except as specifically provided in this Implementing Actions Program, all construction and development within the project area shall comply with applicable provisions of the Uniform Building Code and the various related Mechanical, Electrical, Plumbing Codes, the Grading and Excavation Code, the Subdivision Code and Sign Code as currently adopted by the Board of Supervisors. In case of a conflict between those specific provisions and these regulations, the more restrictive shall prevail. 2. The building height requirements shall be as specified by each land use district of this Implementing Actions Program. The methods used for measuring building height shall be as stipulated in Chapter 12, Definitions, of this Implementing Actions Program. 3. All building sites shall comply with the provisions of the County of Orange Zoning Code Section 7 -9 -126, "Building Site Requirements ". 4. All conditions, requirements, and standards, indicated graphically or in writing as part of any approved discretionary permit or detail plan granted by authority of these regulations shall have the same force and effect as these regulations. Any use or development established as a result of such approved permit or plan but not in compliance with all such conditions, requirements, or standards shall be in violation of this Implementing Actions Program. The enforcement provisions of Section 7 -9 -118.7 and Section 7 -9 -154 are applicable to this Implementing Actions Program. 5. The meaning and construction of words, phrases, titles and terms used in this Implementing Actions Program shall be the same as provided in Section 7 -9 -21, Definitions, of the Zoning Code except as otherwise specifically provided herein (see IAP Chapter 12, Definitions). Newport Coast LCP Second Amendment December 3. 1996 II -3.1 6. This Implementing Actions Program is intended to regulate all development within The t Newport Coast. In cases where sufficient direction for interpretation of these regulations is not r.. explicit in the approved Land Use Plan and Implementing Actions Program, the County of t: Orange Zoning Code shall provide direction as determined by the Director. EMA. 7. The provisions of Zoning Code Section 7 -9 -145, Off - Street Parking Regulations, are applicable to this Planned Community except where otherwise expressly listed as exceptions in Chapter 9, Off - Street Parking Regulations, of this Implementing Actions Program. r, 8. All discretionary actions permitted or required in this Planned Community shall be consistent with the types of permits listed in the CD "Coastal Development" District Regulation's Section 7 -9 -118 and Section 7 -9 -150 of the County of Orange Zoning Code. 9. An Annual Monitoring Report (AMR) shall be prepared and submitted in the fall of each year a to the County of Orange Administrative Office and the Environmental Management Agency. j The submittal of an AMR is required for conformance with the Growth Management Program of the Land Use Element of the County of Orange General Plan and the County's Annual Development Monitoring Program. The Board of Supervisors, in the annual adoption of the Development Monitoring Program, may identify significant imbalances between development projections and planned infrastructure or in the proportionate development of residential, commercial and employment land uses. The Board of Supervisors may defer subdivision approval within the Planned Community until approaches capable of resolving imbalances are proposed to and approved by the Board of Supervisors. The AMR will be the project proponent's opportunity to demonstrate mitigation measures and implementation strategies which will ensure adequate infrastructure for the community. With respect to Transportation/Circulation, this general provision may be implemented in such a manner as to reflect the provisions of a separate agreement as discussed in the LUP's Transportation/Circulation Policies Subsection I- 4 -E -22, provided that any such agreement is subsequently approved by the County and found by the County to be consistent with this Implementing Actions Program. Newport Coast LCP Second Amendment December 3, 1996 II -3.2 i 10. If any portion of these regulations is, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective, in whole or in part, such decision shall not affect the validity of the remaining portions thereof. The Board of Supervisors hereby declares that it would have enacted these regulations and each portion thereof irrespective of the fact that any one or more portions be declared invalid or ineffective. B. SPECIAL DEVELOPMENT REVIEW PROVISIONS 1. Residential development within The Newport Coast Planned Community shall be limited to a maximum of 2,600 dwelling units. Compliance with the County's Housing Element will be demonstrated in the Housing Implementation Plan. To implement the County's Housing Element, the Housing Implementation Plan (HIP) shall be submitted to and approved by the Director, EMA, prior to the recordation of final tract map(s) which include more than a cumulative total of 500 residential lots or units within The Newport Coast Planned Communityt. 2. PLANNING AREA /DWELLING UNITS /DENSITY PER ACRE: a. The dwelling units and density permitted in any residential density category, (e.g., Low Density) shall apply to the overall Planning Area in the Planned Community designated in such a residential density category and shall not be literally applied to any particular division of that area. b. Computation of acreage for determining density shall be based on gross area. 3. PLANNING AREA BOUNDARIES: a. Except as otherwise indicated, dimensions are measured from centerlines of streets and highways. ' Completed with the County's approval of the Affordable Housing Implementation Plan — First Amendment. Newport Coast LCP Second Amendment December 3, 1996 II-3.3 b. When a Planning Area boundary depicted on the PC Development Map is also an arterial highway and the arterial highway is realigned, the Planning Area boundary may be revised to coincide with the realigned highway. j Y c. Adjustments in Planning Area boundaries resulting in an acreage change of 10% or less is of the total Planning Area for final street/highway alignments, landscaping requirements, Fire Protection Edge Treatments and /or Urban Edge Treatments, geotechnical or engi- neering refinements to Coastal Development Permits, Site Plans, and /or Tentative and /or r Final Subdivision Maps shall not require amendment of the PC Zoning Map and /or Statistical Summary, provided the types or intensity of land uses for each Planning Area _ as approved in the LCP Land Use Plan and the maximum dwelling units and overnight/resort accommodations indicated in the Statistical Table are not altered and such adjustments are consistent with the LCP Land Use Plan. f d. Final Planning Area boundaries shall be established by a Coastal Development Permit, and refined by the Site Plan and /or Tentative or Final Subdivision Map approval. The boundary lines between Planning Areas within the same Land Use District may be adjusted, provided that the variation is consistent with the total acreage of Development and Open Space shown on the Planned Community (PC) Statistical Summary as provided for in Chapter 11 of this IAP, and does not result in development occurring within the proposed Irvine Coast Wilderness Regional Park dedication areas. e. Commercial and other nonresidential and residential uses and areas, to be located at inter- sections of streets or highways, shall be located to conform with final street or highway i alignments without requiring an amendment of the Development Plan and Supplemental Text. f. The boundary between Planning Area PA 17 and Planning Areas PA 313, PA 413, PA 6, PA 1213, PA 12C, PA 12E, PA 14, and PA 21D is intended to reflect the legal boundary of Crystal Cove State Park. Newport Coast LCP Second Amendment December 7. 1996 II -3.4 4. ENVIRONMENTALLY SENSITIVE HABITAT AREAS (ESHA'S): Prior to, or coincidental with, the approval of any Coastal Development Permit for an area within 100 feet of an ESHA depicted on Exhibit H, compliance with LCP Land Use Plan, Environmentally Sensitive Habitat Area Policies Sections I -3 -D, I -3 -E, and I -3 -F shall be demonstrated. 5. GRADING: Grading plans for all projects in The Newport Coast Planned Community shall be consistent with the County of Orange Grading Code and LCP Land Use Plan Grading Policies Section I -3 -L. Grading plans shall be accompanied by geological and soil engineer reports, and shall incorporate all pertinent recommendations. The soils engineer and engineering geologist must certify the suitability of a graded site prior to clearance for issuance of a building permit. Grading will be permitted within The Planned Community outside of an area of immediate development provided that, a) grading shall be confined to the development planning areas shown on Exhibit F and, b) the Coastal Development Permit shows all areas of grading inside and outside of the immediate area of development. The landscape and grading plans shall include provisions for temporary erosion control consistent with LCP Land Use Plan requirements on all graded sites which are scheduled to remain unimproved between October 15 and April 15 of any year. 6. ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES: Prior to or coincidental with the approval of a Tentative Subdivision Map, except for Large -lot Subdivisions for financial or conveyance purposes, mitigation programs for archaeological and paleontological resources established in accordance with the Board of Supervisor's Archaeological /Paleontological Policies and the LCP Land Use Plan's Archaeological Policies Section I -3 -G and Paleontological Policies Section I -3 -H shall be submitted to and approved by the Manager, County of Orange EMA- Harbors, Beaches and Parks /Program Planning Division (HBP /PPD). 7. DEVELOPMENT /OPEN SPACE BOUNDARY: Tentative Subdivision Maps, Coastal Development Permits, or Site Plans abutting an Open Space Planning Area shall provide for the following either on the Map or on an appropriate supplemental graphic or text in a manner consistent with LCP Land Use Plan's Development/ Open Space Edges Policies Section I -3 -M: Nmpoa Coast LCP Second Amendment December 3. 1996 II -3.5 a. Urban Edge Treatment: describing the interface treatment area between the urban and open space uses in a manner consistent with the LCP Land Use Plan; b. Fire Protection Edge Treatment,: including any fuel breaks or fuel modification zones r in a manner consistent with the LCP Land Use Plan and the County of Orange Fire Protec- tion Planning Task Force Report; and L c. Additional Information: which the Manager, EMA HBP /PPD, deems necessary to 1• assure consistency with the LCP Land Use Plan and any conditions of approval applying g to The Newport Coast Planned Community. 8. AGRICULTURE: All existing and continuing grazing activities and uses, together with all accessory structures and uses which are customarily incidental or necessary to main buildings i or uses, are permitted on an interim basis in accordance with LCP Land Use Plan's Resource Conservation and Management Policies in Chapter I -3. 9. AGRICULTURAL PRESERVE: The terms of the Agricultural Preserve contract which apply i to certain lands within this Planned Community shall remain in full force and effect until any such contract is canceled, expires, or is invalid under the Williamson Act as amended. 10. LOCAL PARKS: Local Park Implementation shall be as set forth in the Local Park Implementation Plan contained in the LCP Appendix, Item 5 or subsequently approved amendments[. 11. MASTER DRAINAGE AND RUNOFF MANAGEMENT PLAN: As part of the review and approval of the first Coastal Development Permit(s), there shall be submitted to and approved by the Manager EMA Regulation, Development Services Division, a "Master Drainage and Runoff Management Plan" addressing in a comprehensive manner the following LUP Chapter 3 policy sections 2: I Completed with the County's approval of the Local Park Implementation Plan and subsequent amendment(s). 2 A Master Drainage and Runoff Management Plan was approved by the County of Orange in December, 1989. Amendments will be prepared for all development projects located outside the area covered by this Master Plan. Neapcn Coast LCP Second Amendment December 3, 1996 II -3.6 I 1 • Section I - Erosion Policies; • Section J - Sediment Policies; • Section K - Runoff Policies; • Section L - Grading Policies; and • Section E - Category "C" ESHA (Marine Life Refuge). Each of the above -noted policy sections shall be addressed in a comprehensive manner with respect to the proposed development including: 1) data on existing water quality and quantity; 2) assessment of project impacts on water resources, existing and proposed riparian habitats, and off -shore marine life; 3) identify mitigation measures and provide for implementation and long -term maintenance; and 4) monitoring program as determined necessary. The master drainage and RMP shall demonstrate conformance with the above -noted policies with specific emphasis on development impacts to the four sub - watershed /drainage areas summarized as follows and shown in Exhibit V: a. Development areas draining into Buck Gully; b. Development areas draining into Los Trancos Canyon; c. Residential, golf course, and resort areas draining across the frontal slopes of Pelican Hill and eventually discharging into existing drainages through Crystal Cove State Park; and d. Development areas draining into Muddy Canyon. Conformance with LUP Chapter 3 Policy Sections I -L shall be assured for drainage into Buck Gully, Los Trancos Canyon, and Muddy Canyon. In addition to these policies, conformance with LUP Chapter 3 Policy Section E shall be required for development affecting drainage across the frontal slopes of Pelican Hill. The site - specific analyses shall provide a comprehensive overview of the physical improvements and control measures for all development areas draining into each of the above sub - watershed drainage areas. Accordingly, mass - grading plans shall be reflected in the site specific analyses and shall be related to the aforementioned physical improvements and control measures addressing LUP's Erosion, Sediment, Runoff, and Grading Policies. At least forty-five (45) days prior to any final County action on the Master Drainage and Runoff Management Plan, the proposed Plan shall be submitted to State Parks for review and comment. At the time of the approval of the CDP and any associated CEQA review for such development areas, specific findings shall be made regarding conformance with individual policy requirements. Newport Coast LCP Second Amendment December 3. 1996 II -3.7 SULIBIA�CTERSILLFIUED AILF-02FAS q HMIrELIFOR DMOR/%aE and MD UH(DFF Hz%Hz/WF.HEHCT PUH Tu The Newport Coast Local Coastal Program F,W Pont Exhibft V NOT TO SCALE DecanWl 1988 12. EROSION CONTROL PLANS: All Erosion Control Plans shall include provisions for temporary erosion control on all graded sites which are scheduled to remain unimproved between October 15th and April 15th of any year, consistent with LCP Land Use Plan's Erosion Policies Section I -3 -I and Runoff Policies Section I -3 -K. 13. WATER AND SEWER: Water and sewer facilities shall be installed in accordance with an approved Plan of Public Works, prior to or concurrent with development. 14. ROAD STANDARDS: Prior to or concurrent with the approval of any Tentative Subdivision Map, Coastal Development Permit, or Site Plan, modification to County of Orange Road Standards may be considered in accordance with the LCP Land Use Plan's Transpor- tation/Circulation Policies Section I -4 -E. Modifications to standards for local streets and collectors shall not require an LCP Amendment. 15. LOCAL STREET CONNECTIONS TO PACIFIC COAST HIGHWAY (PCH): In addition to arterial highway intersections, all potential local street connections to PCH planned for PA 3A, PA 3B, PA 9, and PA 17 are shown conceptually on the Planned Community Development Map. The connection shown between PA 3B and PA 14 may be located in either of the two Planning Areas. 16. BLUFF -TOP SETBACKS FOR PLANNING AREA PA 9: Primary structures in PA 9 will be sited consistent with Residential Policies Section I- 4 -D -31. 17. TRAIL REQUIREMENT FOR PLANNING AREA 9: New development in PA 9 will provide an area for a bluff top public trail which connects to Crystal Cove State Park, in a manner capable of accommodating the trail improvements required as a condition of Coastal Development Permit No. 5 -84 -188 issued by the California Coastal Commission on November 27, 1984. It will complement a trail system similarly located within the State Park'. The bluff top trail has been constructed. Newport Coast LCP Second Amendment December 3, 1996 II -3.9 18. TEMPORARY USES: Temporary special community events, such as parades, pageants, golf tournaments, community picnics, athletic contests, swim meets, and other similar uses, may be r permitted in any Planning Area, except Conservation and Recreation Planning Areas PA 18, PA 19, and PA 21 in The Newport Coast Planned Community, subject to approval by the Director, EMA. 19. LARGE -LOT SUBDIVISIONS: Large -lot subdivisions, for the purpose of financing or conveyance, may be approved when no parcel is smaller than 20 acres; provided the Subdivision or Parcel Map related thereto includes a declaration that the lots created are not building sites. This includes the subdivision of commercial visitor - serving (i.e., Tourist - Commercial) use areas. Installation of infrastructure improvements shall not be made a condi- tion of approval of these large -lot subdivisions but all parcels shall be subject to any overall grading, drainage, and erosion control conditions required to assure conformity with the LCP at the time of issuance of the Coastal Development Permit for the large -lot subdivision. 20. ANNEXATION /INCORPORATION: In the event of application for annexation or incorporation of all or part of The Newport Coast Planned Community, a revised Fiscal Impact Report shall be prepared by the petitioners to assess the cost/revenue impact of such annexation or incorporation on the County and on the special districts serving the property to be annexed or incorporated. 21. FLOODPLAIN DISTRICT: The FP "Floodplain" District Regulations will apply to The Newport Coast Planned Community in accordance with Section 7 -9 -48 and Section 9 -9 -113 of the County Zoning Code. 22. SCENIC HIGHWAY DISTRICT: The SH "Scenic Highway" District regulations will apply to The Newport Coast Planned Community in accordance with Section 7 -9 -119 of the County Zoning Code, except that a Coastal Development Permit, where otherwise required, may be processed in lieu of a Site Development Permit. Nea,pon Coast LCP Second Amendment December 3, 1996 II -3.10 23. ULTIMATE HIGHWAY ALIGNMENT: The ultimate Highway alignment for Newport Coast Drive shall reflect geotechnical and environmental factors and shall be in substantial conformance with the alignment shown in Exhibit L. 24. IRS BLOCKS: The Newport Coast Planned Community encompasses all or portions of the following IRS Blocks 96, 129, 130, 131 A &B, 132, 133, 134, 161, 163, 164 A &B, 165, 166, 167, 181, 182, 183, and 185. 25. PUBLIC UTILITIES: Public utility buildings, structures, and facilities including, but not limited to, electrical, water sewage, telephone, and television, and their storage, distribution, treatment and /or production required to carry out development allowed in the LUP are permitted in planning areas in conformance with the LCP Land Use Plan's Policies Chapters 3 and 4. 26. FIRE STATION: Prior to the recordation of the first development map inland of PCH, the developer shall enter into an agreement with the County of Orange that includes the following a. The developer shall offer for dedication a site in the vicinity of Newport Coast Drive and the San Joaquin Hills Transportation Corridor to be specifically used for a fire station. Said location shall be to the satisfaction of the Manager of Fire Services of the Orange County Fire Department'. b. The developer shall participate proportionately in the construction of said fire station in a manner identified by the Manager of Fire Services of the Orange County Fire Department and approved by the Board of Supervisors. 27. LAGUNA CANYON ROAD: Improvements to accommodate the widening and /or relocation of Laguna Canyon Road shall be allowed in PA 16A, PA 16B, PA 20A, PA 20B, PA 20C, PA 21A, and PA 21B, provided that any such project is the least environmentally damaging feasible alternative, as determined and approved by the California Coastal Commission. 1 Completed. Nmpon Coast LCP Second Amendment Decembcr3, 1996 11 -3.11 CHAPTER 4 RESIDENTIAL PLANNING AREAS A. LOW DENSITY RESIDENTIAL PLANNING AREAS PA6, PA 7A, AND PA 7B 1. PURPOSE AND INTENT: The Low Density Residential Planning Areas of The Newport Coast Planned Community are established to provide for a range of single - family detached housing and lot sizes, as well as recreation uses, community facilities, community service facilities, and other uses and structures accessory to the principal uses. These Low Density Residential Planning Area Regulations are intended to implement the LCP Land Use Plan's Residential Policies Section I -4 -D, and are subject to the requirements of the LCP Land Use Plan's Policies in Chapters 3 and 4. 2. PRINCIPAL AND OTHER PERMITTED USES: The following principal and other permitted uses are permitted in all Planning Areas designated for Low Density Residential use subject to the approval of a Coastal Development Permit as provided in Chapter 10: a. Principal Permitted Uses Subject to Zoning Administrator Approval: 1) Detached single - family dwellings. 2) Community care facilities serving twelve (12) or fewer persons per Zoning Code Section 7 -9 -141. 3) Community facilities, including the following uses, and related and similar uses: a) Intra - community directional signs. b) Public and private parks (non - commercial). Newport Coast LCP Second Amendment December 3, 1996 II-4.1 c) Public and private (non - commercial) recreation centers and facilities including, but not limited to, swimming pools, tennis courts, and clubhouses. d) Riding, hiking, and bicycle trails. 4 e) Security and maintenance facilities related directly to the residential community. 4) Communication transmitting, reception or relay facilities. b. Principal Permitted Uses Subject to Planning Commission Approval: r' 1) Community and community service facilities including the following uses, and related and similar uses: a) Community centers. b) Community information centers. 2) In PA 6, equestrian centers limited to 50 horses maximum. 3) Residential Planned Developments per Zoning Code Section 7 -9 -110. c. Other Permitted Uses Subject to Planning Commission Approval (these uses are appealable to the California Coastal Commission per County Zoning Code Section 7 -9- 118.6 (4) b): 1) Community and community service facilities including the following uses, and related and similar uses: a) Churches. b) Fire stations. c) Schools. d) Public and private day care /nursery schools. Newport Coast LCP Second Amendment December 3, 1996 11 -4.2 3. ACCESSORY PERMITTED USES: r Accessory uses and structures are permitted when customarily associated with and subordinate to a Permitted Use on the same building site, per Zoning Code Section 7 -9 -137 except as modified in Subsection 6 of this Section, including: a. Garages and carports; b. Detached accessory structures such as greenhouses, gazebos, cabanas, and storage sheds; c. Swimming pools, therapy baths, water fountains, and related equipment; d. Covered patios and decks; e. Fences and walls; f. Tennis courts, parks, trails, greenbelts, and common areas; g. One guest cottage or caretaker unit per building site, limited to 1,500 square feet; on building sites of a minimum 10,000 square feet; h. Signs per Zoning Code Section 7 -9 -144; i. Noncommercial keeping of pets and animals per Zoning Code Section 7 -9- 146.3; j. Home occupations per Zoning Code Section 7 -9- 146.6; and k. Non- commercial /non - profit art displays and galleries. Nmpott Coast LCP Second Amendment December 3. 1996 11-4.3 4. TEMPORARY PERMITTED USES: Temporary uses are permitted in Residential Planning Areas subject to the requirements of County of Orange Zoning Code Section 7 -9 -136, Temporary Uses and Structures, and consistency with the LCP Land Use Plan. 5. PROHIBITED USES: a. The storage of vehicles, equipment, or products related to a commercial activity not permitted in this area; b. The keeping of pets or animals for any commercial purpose; c. Apiaries; d. Industrial and manufacturing facilities; and e. Uses not provided by Subsection 2 through 4 of this Section shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. 6. SITE DEVELOPMENT STANDARDS: a. Building site area: 1) In PA 6, PA 7A, and PA 7B: Thirty thousand (30,000) square feet minimum. b. Building site width: No minimum. C. Building height: Thirty-five (35) feet maximum, except special height provisions may apply to Planning Area PA 6 pursuant to LUP Subsection I- 4 -D -4e. Newport Coast LCP Second Amendment December 3. 1996 11 -4.4 d. Building site coverage: Fifty (50) percent maximum. e. Building setbacks: 1) From any street: Ten (10) feet minimum except garages and carports per Subsection 7 below. 2) Side: Ten (10) feet minimum for one side only, or ten (10) feet aggregate total for both sides. 3) Rear: Ten (10) feet minimum. 4) Patios: No attached or detached covered patio shall be located closer than three (3) feet to a property line except the street -side property line of a corner lot, in which case a minimum distance of ten (10) feet shall be maintained. 5) Projections into required setbacks: Eaves, cornices, chimneys, balconies, and other similar architectural features may project a maximum of six (6) feet into any required front, rear, or side setback. 6) Miscellaneous provisions and exceptions unless otherwise specified: a) Attached accessory buildings shall be considered as a part of the main building; and b) Detached accessory buildings shall be located no closer than the setback required for the main building. 7) Garage and carport placement: The point of vehicular entry to a garage or carport shall be a minimum distance of seven (7) feet or less, or twenty (20) feet or more from the back of sidewalk, or, if there is no sidewalk, from back of curb. Newport Coast LCP Second Amendment December 3, 1996 11 -4.5 f. Fences and walls, maximum height provided that, for vehicular safety purposes, site distances are not obstructed:: Ste' 1) Within areas where main buildings may be placed: ten (10) feet maximum, except for g- entry gates and other ornamental and architectural features, which may be a maximum of twenty-five (25) feet. 2) Within front setback area: six (6) feet maximum. f 3) Within other setback areas: the maximum height shall be six (6) feet, except that this f^ maximum may be exceeded when higher walls are required by the Director, EMA, for the purpose of noise mitigation or other health and safety measures. t g. Off - street parking: Shall be provided per Chapter 9 of this IAP. h. Lights: All lights shall be designed and located so that light rays are aimed at-the site. i. Grading: Shall occur in areas averaging less than 30% slopes unless there are no other feasible, less environmentally damaging alternatives. f 1' i. e s t t j. Standards for local roads, including gradients, width, radius of curvature, and lighting, !, n shall ensure that visual impact is minimized. k. Areas of disturbed soil shall be hydro- seeded with native or non - intrusive non - native plants to control erosion. 1. Manufactured slopes along development edges shall incorporate contour grading techniques. m. Compliance with LUP Residential Policy Subsection I- 4 -D -4e, will be demonstrated through a Viewshed Analysis. Newport Coast LCP Second Amendment December 3. 1996 II -4.6 j B. MEDIUM -LOW DENSITY RESIDENTIAL PLANNING AREAS PA 5 AND PA 9 1. PURPOSE AND INTENT: The Medium -Low Density Residential Planning Areas of the Newport Coast Planned Community are established to provide for a variety of residential uses including predominantly smaller lot single - family attached, patio home, townhome, and duplex housing types, as well as larger single - family detached housing types, recreation uses, community facilities, com- munity service facilities, and other uses and structures accessory to the principal uses. These Medium -Low Density Residential Planning Area Regulations are intended to implement the LCP Land Use Plan's Residential Policies Section I-4 -D, and are subject to the requirements of the LCP Land Use Plan's Policies in Chapters 3 and 4. 2. PRINCIPAL AND OTHER PERMITTED USES: The following principal and other permitted uses are permitted in all Planning Areas designated for Medium -Low Density Residential use subject to the approval of a Coastal Development Permit as provided in Chapter 10: a. Principal Permitted Uses Subject to Zoning Administrator Approval: 1) Detached single - family dwellings. 2) Community care facilities serving twelve (12) or fewer persons per Zoning Code Section 7 -9 -141. 3) Community facilities including the following uses, and related and similar uses: a) Intra - community directional signs. b) Public and private parks (non - commercial). c) Public and private (non - commercial) recreation centers and facilities including, but not limited to, swimming pools, tennis courts and clubhouses. d) Riding, hiking, and bicycle trails. Newport Coast LCP Second Amendment December 3, 1996 II -4.7 e) Security and maintenance facilities related directly to the residential community. 4) Attached single family dwellings and duplexes, except planned developments. r 5) Only if golf course play is extended into PA 9, and then for PA 9 only, the residential uses permitted in this Section will be allowed in combination with uses permitted in Section II -6 -B -1 a/d (Golf Courses/ Clubhouse Facilities) and II -6 -B -2 (Accessory Per- mitted Uses) subject to the requirements of Section II -6 -E -2 through II -6 -E -8 (Golf Course Site Development Standards), a maximum building height of 28 feet, and a maximum of 10,000 square feet (gross) for golf course /clubhouse facilities (the square footage of such facilities shall be included within the maximum square feet limitation for all Tourist Commercial facilities for PA 13 as provided in Chapter II -5). 6) Communication transmitting, reception or relay facilities. e' 1 a 7) Accessory Permitted Uses referenced in Subsection 3 of this Section when located on a separate building site. b. Principal Permitted Uses Subject to Planning Commission Approval: 1) Community and community service facilities including the following uses, and related and similar uses: a) Community centers. b) Community information centers. 2) In PA 5, equestrian centers limited to 50 horses maximum. 3) Residential Planned Developments per Zoning Code Section 7 -9 -110. 4) Residential condominiums and stock cooperatives per Zoning Code Section 7 -9 -147. Newport Coast LCP Second Amendment December 3. 1996 II -4.8 ' i c. Other Permitted Uses Subiect to Planning Commission Approval (these uses are appealable to the California Coastal Commission per County Zoning Code Section 7 -9- 118.6 (4) b): 1) Community and community service facilities including the following uses, and related and similar uses: a) Churches. b) Fire stations. c) Schools. d) Public and private day caretnursery schools. 3. ACCESSORY PERMITTED USES: Accessory uses and structures are permitted when customarily associated with and subordinate to a Permitted Use on the same building site, per Zoning Code Section 7 -9 -137 except as modified in Subsection 6 of this Section, including: a. Garages and carports; b. Detached accessory structures such as greenhouses, gazebos, cabanas, and storage sheds; c. Swimming pools, therapy baths, water fountains, and related equipment; d. Covered patios and decks; e. Fences and walls; f. Tennis courts, parks, trails, greenbelts, and common areas; g. One guest cottage or caretaker unit per building site, limited to 1,500 square feet; on building sites of a minimum 10,000 square feet; Ne-Pon Cow LCP Second Ammdmcm December 3, 1996 11 -4.9 h. Signs per Zoning Code Section 7 -9 -144; i. Noncommercial keeping of pets and animals per Zoning Code Section 7 -9- 146.3; j. Home occupations per Zoning Code Section 7- 9- 146.6; and k. Non - commercial /non - profit art displays and galleries. 4. TEMPORARY PERMITTED USES: Temporary uses are permitted in Residential Planning Areas subject to the requirements of County of Orange Zoning Code Section 7 -9 -136, Temporary Uses and Structures, and consistency with the LCP Land Use Plan. 5. PROHIBITED USES: a. The storage of vehicles, equipment, or products related to a commercial activity not permitted in this area; b. The keeping of pets or animals for any commercial purpose; c. Apiaries; d. Industrial and manufacturing facilities; and e. Uses not provided by Subsection 2 through 4 of this Section shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. Newport Coast LCP Second Amendment December 3. 1996 II -4.10 6. SITE DEVELOPMENT STANDARDS: i a. Buildine site area: Three thousand (3,000) square feet minimum for condominium and stock cooperative; two thousand five hundred (2,500) square feet minimum for detached and attached single - family, duplex, and other (nonresidential) developments. b. Building site width: No minimum. c. Buildine height: Thirty-five (35) feet maximum, except twenty-eight (28) feet maximum in PA 9. d. Building site coverage: Fifty (50) percent maximum. e. Building setbacks: 1) From any street, ten (10) feet minimum, except garages and carports per Subsection 6 below. 2) From any side or rear property line not abutting a street, no minimum. 3) Patios: No attached or detached covered patio shall be located closer than three (3) feet to a property line except the street side property line of a corner lot, in which case a minimum distance of ten (10) feet shall be maintained. Covered patios may be completely screened, including all exterior walls and ceilings, with full ventilating 4) Projections into required setbacks: Eaves, cornices, chimneys, balconies and other similar architectural features may project a maximum of six (6) feet into any required front, rear, or side setback. 5) Miscellaneous provisions and exceptions unless otherwise specified: Newport Coast LCP Second Amendment December 3, 1996 11-4.11 a) Attached accessory buildings shall be considered as a part of the main buildings; and b) Detached accessory buildings shall be located no closer than the setback required for the main building. F' 6) Garage and carport placement: The point of vehicular entry to a garage or carport shall be a minimum distance of seven (7) feet or less, or twenty (20) feet or more from the back of sidewalk, or, if there is no sidewalk, from back of curb. f. Fences and walls, maximum height provided that site distances for vehicular safety purposes are not obstructed: - 1) Within areas where main buildings may be placed: eight (8) feet maximum. 2) Within front setback area: six (6) feet maximum. 3) Within other setback areas: The maximum height shall be six (6) feet, except that this maximum may be exceeded when higher walls are required by the Director, EMA, for the purpose of noise mitigation or other health and safety measures. g. Off - street parking: Shall be provided per Chapter 9 of this IAP. h. Lights: All lights shall be designed so that all rays are aimed at the site. L Standards for local roads, including gradients, width, radius of curvature and lighting shall ensure that visual impact is minimized where feasible. J. Areas of disturbed soil shall be hydro- seeded with native or non - intrusive non - native plants to control erosion. k. Manufactured slopes along development edges shall incorporate contour grading techniques. Newport Coast LCP Second Amendment December 3, 1996 11 -4.12 C. MEDIUM AND HIGH DENSITY RESIDENTIAL PLANNING AREAS PA 1B, PA 2A, PA2B, PA 2C, PA 3A, PA 3B, PA 4A, PA 4B AND PA 1A, PA 1C, PA 8 1. PURPOSE AND INTENT: The Medium and High Density Residential Planning Areas of The Newport Coast Planned Community are established to provide for predominantly multiple -family housing while also permitting the various single - family detached /attached and duplex housing types and uses, as well as recreation uses, community facilities, community service facilities, and other uses and structures accessory to the principal uses. These Medium and High Density Residential Planning Area Regulations are intended to implement the LCP Land Use Plan's Residential Policies Section I -4 -D, and are subject to the requirements of the LCP Land Use Plan's Policies in Chapters 3 and 4. 2. PRINCIPAL AND OTHER PERMITTED USES: The following principal and other permitted uses are permitted in all Planning Areas designated for Medium and High Density Residential use subject to the approval of a Coastal Development Permit as provided in Chapter 10: a. Principal Permitted Uses Subject to Zoning Administrator Approval: l) Detached single - family dwellings. 2) Community care facilities serving twelve (12) or fewer persons per Zoning Code Section 7 -9 -141. 3) Community facilities including the following uses, and related and similar uses: a) Infra - community directional signs. b) Public and private parks (non - commercial). c) Public and private (non - commercial) recreation centers and facilities including, but not limited to, swimming pools, tennis courts, and clubhouses. Newport Coast LCP Second Amendment December 3. 1996 II -4.13 d) Riding, hiking, and bicycle trails. e) Security and maintenance facilities related directly to the residential community. 4) Attached single family dwellings and duplexes, except planned developments. f l i 5) Accessory Permitted Uses referenced in Subsection 3 of this Section when located on a separate building site. r 6) Multiple - family residential developments of four (4) units or less. r^ 7) Community transmitting, reception or relay facilities. r b. Principal Permitted Uses Subiect to Planning Commission Approval: 1) Community and community service facilities including the following uses, and related and similar uses: a) Community centers. b) Community information centers. i 2) Residential Planned Developments per Zoning Code Section 7 -9 -110. 3) Multiple - family residential developments of five (5) units or more, except condominiums and stock cooperatives, per Zoning Code Section 7 -9- 146.7. 4) Residential condominiums and stock cooperatives per Zoning Code Section 7 -9 -147. 5) One (1) neighborhood commercial site within Planning Areas PA 1C, PA 2A, PA 2B, PA 3A, PA 3B or PA 8 per standards in Zoning Code Section 7 -9 -89 and the requirements of the LCP Land Use Plan's Policies in Chapters 3 and 4, provided that the site shall not exceed ten (10) gross acres and a maximum building floor area of 100,000 square feet. Newp=Coast LCP Second Amendment Dccembe, 3. 1996 11 -4.14 c. Other Permitted Uses Subiect to Planning Commission Approval (these uses are appealable to the California Coastal Commission per County Zoning code Section 7 -9- 118.6 (4) b): 1) Community and community service facilities including the following uses, related and similar uses: a) Churches. b) Fire stations. c) Schools. d) Public and private day care /nursery schools. 3. ACCESSORY PERMITTED USES: Accessory uses and structures are permitted when customarily associated with and subordinate to a Permitted Use on the same building site, per Zoning Code Section 7 -9 -137 except as modified in Subsection 6 of this Section, including: a. Garages and carports; b. Detached accessory structures such as greenhouses, gazebos, cabanas, and storage sheds; c. Swimming pools, therapy baths, water fountains, and related equipment; d. Covered patios and decks; e. Fences and walls; f. Tennis courts, parks, trails, greenbelts, and common areas; g. One guest cottage or caretaker unit per building site, limited to 1,500 square feet; on building sites of a minimum 10,000 square feet; Nevpon Coosr LCP Second Amendment December 3, 1996 11 -4.15 h. Signs per Zoning Code Section 7 -9 -144; i. Noncommercial keeping of pets and animals per Zoning Code Section 7 -9- 146.3; j. Home occupations per Zoning Code Section 7 -9- 146.6; and k. Non - commercial /non - profit art displays and galleries. 4. TEMPORARY PERMITTED USES: Temporary uses are permitted in Residential Planning Areas subject to the requirements of County of Orange Zoning Code Section 7 -9 -136, Temporary Uses and Structures, and con- sistency with the LCP Land Use Plan. 5. PROHIBITED USES: a. The storage of vehicles, equipment, or products related to a commercial activity not permitted in this area; b. The keeping of pets or animals for any commercial purpose; c. Apiaries; d. Industrial and manufacturing facilities; and e. Uses not provided by Subsection 2 through 4 of this Section shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. Newpoa Coast LCP Second Amendment December 3, 1996 II -4.16 6. SITE DEVELOPMENT STANDARDS: a. Building site area: Three thousand (3,000) square feet minimum for condominium, stock cooperative, and apartment developments; Two thousand five hundred (2,500) square feet minimum for detached and attached single - family, duplex, and other (nonresidential) developments. b. Area per unit: One thousand (1,000) square feet minimum gross land area per dwelling unit, regardless of the slope of the land. c. Building site width: No minimum. d. Building height: Thirty-five (35) feet maximum except forty-five (45) feet maximum for Planning Area 8. e. Building site coverage: No maximum. f. Building setbacks: Ten (10) feet minimum from any exterior property line or property line abutting a public or private street, except garages and carports per Subsection G below. From any other interior property line, no minimum. In PA 3A and PA 3B, the building setback from Pacific Coast Highway will be a minimum 100 -feet for landscaping and buffering purposes. g. Garage and carport placement: The point of vehicular entry to a garage or carport shall be a distance of seven (7) feet or less, or twenty (20) feet or more from the back of sidewalk, or if there is no sidewalk, from back of curb. h. Off - street Parking: Shall be provided per Chapter 9 of this IAP. i. Open space (except for single family developments): Minimum of five percent (5 %) of the net area of the project is to be reserved as usable open space. The following shall not be counted in computing the usable open space: streets, common driveways, slopes greater Newport Coast LCP Second Amendment December 3. 1996 11 -4.17 than 2.5:1 incline, and any property not reserved for the sole use and enjoyment of the occupants of the project and their guests. j. Trash and storage areas (except for single family developments): All storage, including r- cartons, containers or trash shall be shielded from view within a building or area enclosed by a wall not less than six (6) feet in height. k. Screening a except for single family developments): 1) Abutting residential areas: A screen shall be installed as required to buffer multiple- family developments from abutting areas zoned for single - family residential. Except as otherwise provided below, the screening shall have a total height of not less than six (6) feet and not more than seven (7) feet. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest point of elevation. 2) Parking areas abutting arterial highways: An opaque screen shall be installed along all parking areas abutting arterial highways. Except as otherwise provided below, the screening other than landscaping shall have a total height of not less than three (3) feet and not more than six (6) feet. 3) Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements of this Section. 4) A screen as referred to in Subsection 1, 2, and 3 above, shall consist of one or any combination of the following: a) Walls including retaining walls: A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four (4) inches thick. { c- t Nmpon Coast LCP Second Amendment December3, 1996 II -4.18 i b) Berms: A berm shall be constructed of earthen materials and it shall be landscaped. c) Fences, solid: A solid fence shall be constructed of wood, or other materials a I minimum nominal thickness of one (1) inch. d) Landscaping: Vegetation shall consist of evergreen or deciduous trees or shrubs. 1. LandscaRiine (except for single family developments): The planting of drought tolerant, native or non - intrusive non - native low maintenance species is encouraged. Landscaping, consisting of evergreen or deciduous trees, shrubs, groundcover, and /or hardscape shall be installed and maintained subject to the following standards: 1) Boundary landscaping abutting arterial highways is required to a minimum depth of ten (10) feet. 2) Boundary landscaping abutting public streets, other than arterial highways, is required to an average depth of ten (10) feet with a minimum depth of five (5) feet. 3) Separation: Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six (6) inches higher than the adjacent vehicular area or in some manner be protected from vehicular damage. 4) Watering: Watering facilities shall be provided for all landscaped areas except where drought tolerant species have been established. 5) Maintenance: All landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and the watering of all plantings per Subsection 4 above. m. Lei hts All lights shall be designed and located so that rays are aimed at the site. n. Standards for local roads, including gradients, width, radius of curvature and lighting shall ensure that visual impact is minimized where feasible. Newpon Coast LCP Second Amendment December 3, 1996 11 -4.19 o. Areas of disturbed soil shall be hydro- seeded with native or non - intrusive non - native plants to control erosion. p. Manufactured slopes alone development edges shall incorporate contour grading techniques. Newport Coast LCP Second Amendment December 7, 1996 11 -4.20 CHAPTER TOURIST COMMERCIAL PLANNING AREAS A. PURPOSE AND INTENT The Tourist Commercial Planning Areas of The Newport Coast Planned Community are established to provide for the development and maintenance of destination resort and related tourist/recreational visitor - serving facilities, cultural, community and community services facilities, and accessory uses and structures, in proximity to Crystal Cove State Park and major beach areas. These Tourist Commercial Planning Area Regulations are intended to implement the LCP Land Use Plan's Tourist Commercial Policies Section I -4 -A subject to the requirements of the LCP Land Use Plan's Policies in Chapters 3 and 4. In addition to the site development regulations provided below, individually - owned accommodations (e.g., casitas and time - sharing condominiums) in the destination resort shall be developed pursuant to the Subdivision Code and /or other County and State regulations applicable to the type of accommodation units being developed. B. PRINCIPAL PERMITTED USES The following principal permitted uses are permitted in all Planning Areas designated for Tourist Commercial use subject to the approval of a Coastal Development Permit as provided in Chapter 10: 1. PRINCIPAL PERMITTED USES SUBJECT TO PLANNING COMMISSION APPROVAL: a. A destination resort and other commercial recreation uses, as defined in the LUP and Chapter 12, Definitions, of this IAP (Planning Areas PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, PA 13F, PA 14 and PA 20A), comprising the following types of visitor - serving uses. 1) Overnight/resort visitor accommodations not to exceed two thousand one hundred and fifty (2,150) accommodations (e.g., hotel rooms, motel rooms, casitas, time- sharing condominiums, etc.). Within Planning Areas PA 13A -13F and PA 14, there shall be Newport Coast LCP Second Amendment December 3. 1996 II -5.1 a maximum of 2,150 overnight/resort accommodation units. Of this total, (1) no more than 1,800 units may be individually owned; and (2) at least 350 units shall be hotel, n. motel or other non - individually owned, non - timesharing condominium resort 1' accommodations. Coastal Development Permits for individually owned and timesharing condominium overnight/resort accommodations shall be conditioned to require contracting with a management company or companies to supply rental services to the project (e.g., advertising of units to the general public, taking reservations for the general public, housecleaning, guest check -in, security, etc.). T r 2) Retail and service commercial. 3) Parking structures 4) Conference, convention, and other ancillary facilities. i 5) Restaurants. 6) Cocktail lounges and bars. 7) Commercial recreation uses. 8) Health facilities. 9) Public and private golf courses and related facilities. r 10) Service Stations per Zoning Code Section 7 -9 -114. 11) Helistops and heliports to be used for shuttle transportation only. 12) Other uses ancillary to a destination resort. b. Cultural facilities including but not limited to museums, art galleries /exhibits, and theaters. Newpon Coast LCP Second Amendment December 3. 1996 H -5.2 I c. Visitor - oriented day -use retail and service commercial totaling not more than 75,000 square feet in PA 13A through PA 13F, and not more than 25,000 square feet in PA 14. d. Visitor - oriented retail commercial, service commercial, public works facilities and commercial recreation, totaling not more than 75,000 square feet in PA 20A. 2. PRINCIPAL PERMITTED USES SUBJECT TO ZONING ADMINISTRATOR APPROVAL: a. Community facilities including the following uses, and related and similar uses: 1) Intra - community directional signs. 2) Riding, hiking and bicycle trails. 3) Security facilities and structures. 4) Maintenance facilities and structures. b. Community service and community service commercial facilities including the following uses, and related similar uses: 1) Fire stations. 2) Public and private nursery schools and day care. 3) Public and private recreation centers and facilities. 4) Visitor /information services /centers. c. Communication transmitting, reception or relay facilities. Newport Coast LCP Second Amendment December 3, 1996 II-5.3 d. Public parks, except in Planning Areas PA 13A, PA 1313, PA 13C, PA 13D, PA 13E, and PA 13F. e. Accessory Permitted Uses listed in Section C of this Chapter when located on a separate building site. C. ACCESSORY PERMITTED USES Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site, per Zoning Code Section 7 -9 -137 as applicable, including: 1. Garages, carports, and parking structures; 2. Detached accessory structures such as greenhouses, gazebos, cabanas, and storage sheds; 3. Swimming pools, therapy baths, water fountains, and related equipment; 4. Covered patios and decks; 5. Fences and walls; 6. Tennis courts, walkways /trails, greenbelts, and common areas; 7. Signs per Zoning Code Section 7 -9 -144; 8. Chapels; and 9. Community Information Centers, including sales offices for any and all development within The Planned Community. Newport Coast LCP Second Amendment December 3. 1996 II -5.4 D. PROHIBITED USES Camping facilities, including tent camping and recreational vehicle parks. 2. Professional and administrative offices not directly ancillary to and supportive of a permitted use. 3. Industrial and manufacturing facilities. 4. Adult entertainment businesses. 5. Uses not provided by Section B and C of this Chapter shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. E. SITE DEVELOPMENT STANDARDS Standards applicable to all Tourist Commercial Planning Areas combined: a. Overnight/resort accommodations: A combined total of two thousand one hundred and fifty (2,150) overnight/resort accommodations is permitted. Within Planning Areas PA 13A -13F and PA 14, there shall be a maximum of 2,150 overnight/resort accommodation units. Of this total, (1) no more than 1,800 units may be individually owned; and (2) at least 350 units shall be hotel, motel or other non - individually owned, non - timesharing condominium resort accommodations. Coastal Development Permits for individually owned and timesharing condominium overnight/resort accommodations shall be conditioned to require contracting with a management company or companies to supply rental services to the project (e.g., advertising of units to the general public, taking reservations for the general public, housecleaning, guest check -in, security, etc.). 2. Standards applicable to specific individual Tourist Commercial Planning Areas: Newport Coast LCP Second Amendmem December 3, 1996 11 -5.5 a. Planning Area PA 13A, PA 1313, PA 13C, PA 13D, PA 13E, and PA 13F (Pelican Hill) shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section I -4 -A: E 1) Overnight/resort accommodations: A total of one thousand nine hundred (1,900) overnight/resort accommodations is permitted in the entire Planning Area PA 13. 2) Casitas shall be counted as follows with respect to the maximum 1,900 permitted overnight/resort visitor accommodations: a) Casitas with one or two bedrooms shall be considered one (1) overnight/resort accommodation; and b) Casitas with 3 or more bedrooms shall be considered two (2) overnight/resort accommodations. 3) Principal permitted uses and accessory uses, including accommodations, resort facilities, and the golf course clubhouse but excepting parking facilities and day use commercial facilities specified in (4) below, shall not exceed a total of 2.66 million square feet. Within this total area, the following limitations shall apply: a) No one of the Planning Areas PA 13A, PA 1313, PA 13C, or PA 13D shall contain more than 60,000 square feet of single, continuous primary ballroom/exhibition space. ( "Single, continuous primary ballroom/exhibition space" denotes one large -scale meeting /convention area and does not include the square footage of conference facilities with smaller individual meeting rooms.) b) The total square footage of conference and meeting space, including primary ballroom/ exhibition space and individual meeting rooms, shall not exceed 140,000 square feet in these four Planning Areas. 4) Commercial uses: A maximum of seventy -five thousand (75,000) square feet of total floor area is permitted in addition to that included within hotels and other Newport Comt LCP Second Amendment December 7, 1996 II -5.6 9 accommodations areas. Any day -use retail commercial facilities under this subsection shall be incidental accessory, or directly related to adjacent accommodations, park, r— and/or recreational visitor activities and shall be identified specifically in any project application involving this use category. 5) Maximum building heights are designated by individual height zones on Exhibit J (see LUP Chapter 4). 6) The following maximum building coverages are expressed as a percentage of each planning area's total gross acreage: a) The maximum building coverage (except parking structures) within each planning area: PA 13A: Overall coverage = 40% maximum PA 1313: Overall coverage = 28% maximum PA 13C: Overall coverage = 50% maximum PA 13D: Overall coverage = 50% maximum PA 13E: Overall coverage = 25% maximum PA 13F: Overall coverage = 20% maximum b) The distribution of maximum building coverage by various height categories within planning areas is as follows: PA 13A: The 40% maximum is distributed as follows: Structures up to 50 ft. in height = 22%; Structures up to 65 ft. in height = 10 %; Structures up to 85 ft. in height = 6 %; and Structures up to 105 ft. in height = 2 %. PA 1313: The 28% maximum is distributed as follows: Structures up to 50 ft. in height = 20 %; and Structures up to 65 ft. in height = 8 %. Newport Coast LCP Second Amendment December 3, 1996 11 -5.7 PA 13C: The 50% maximum is distributed as follows: Structures up to 40 ft. in height = 32 %; Structures up to 60 ft. in height = 10 %; and Structures up to 80 ft. in height = 8 %. PA 131): The 50% maximum is distributed as follows: Structures up to 40 ft. in height = 32 %; Structures up to 60 ft. in height = 10 %; and Structures up to 80 ft. in height = 8 %. PA 13E: The 25 % maximum shall all be in structures up to 35 ft. in height (i.e., no further distribution by height). PA 13F: The 20% maximum shall all be in structures up to 35 ft. in height (i.e., no further distribution by height). 7) Minimum building setbacks from the ultimate right -of -way of Pacific Coast Highway: PA 13A: All structures will be a minimum of 300 feet from PCH. Structures in excess of 30 feet in height and up to 85 feet in height will be a minimum of 350 feet from PCH. Structures in excess of 85 feet in height will be a minimum of 550 feet from PCH. PA 13B: Structures in excess of 50 feet in height will be a minimum of 1,350 feet from PCH. PA 13C/ Structures in excess of 40 feet in height will be a minimum of PA 13F: 1,600 feet from PCH. PA 13D/ Structures in excess of 40 feet in height will be a minimum of PA 13E: 2,800 feet from PCH. Newport Coast LCP Second Amendment December 3. 1996 11 -5.8 C i t. r C r S 3 e l._ I 8) Other building setbacks: j a) From Newport Coast Drive - fifty (50) feet minimum. (Minimum setback for surface parking will be ten (10) feet.) b) From Category A and B ESHA's - one - hundred (100) feet minimum. 9) Landscape screening: Landscape screening in the form of earth berms, edge planting along Pacific Coast Highway, golf course landscaping, and hotel landscaping will all combine to act as screening to soften building massing as viewed from Pacific Coast Highway. 10) Minimum landscaping for each Tourist Commercial site shall be 15% of the net area of the site. 11) Grading of the Tourist Commercial sites will create a smooth and gradual transition between new and existing grades. 12) Grading of Tourist Commercial sites may be done concurrently with grading for the golf course to balance cut and fill within the resort area and to reduce the total amount of time during which major grading operations will need to be conducted. b. Planning Area PA 13A shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section I -4 -A: 1) Overnight/resort accommodations: Eleven hundred (1,100) overnight/resort accommodations maximum, so long as the overall 1,900 overnight/resort accommoda- tions maximum is not exceeded for the entire Planning Area PA 13. 2) Day -use retail commercial uses: A maximum of seventy-five thousand (75,000) square feet of gross floor area, in addition to that included within hotels and other accommodations areas, is permitted which is incidental, accessory, or directly related to nearby accommodations and /or recreational visitor activities. Newport Coast LCP Second Amendment December 3. 1996 11 -5.9 c. Planning Area PA 13B shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section I -4 -A: 1) Overnight/resort accommodations: Six hundred (600) overnight/resort accommodations maximum, so long as the overall 1,900 overnight/resort accommodations maximum is not exceeded for the entire Planning Area PA 13. d. Planning Area PA 13C shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section I4-A: 1) Overnight/resort accommodations: Seven hundred and fifty (750) overnight/resort _ accommodations maximum, so long as the overall 1,900 overnight/resort accommodations maximum is not exceeded for the entire Planning Area PA 13. I e. Planning Area PA 13D shall conform to the LCP Land Use Plan's Tourist Commercial t Policies Section I -4 -A: f• 1) Overnight/resort accommodations: Six hundred fifty (650) overnight/resort accommodations maximum, so long as the overall 1,900 overnight/resort r. accommodations maximum is not exceeded for the entire Planning Area PA 13. f. Planning Area PA 13E shall conform to the LCP Land Use Plan's Tourist Commercial L Policies Section I -4 -A: 1) Overnight/resort accommodations: Three hundred (300) overnight/resort accommodations maximum, so long as the overall 1,900 overnight/resort accommodations maximum is not exceeded for the entire Planning Area PA 13. g. Planning Area PA 13F shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section 1-4 -A: 1) Overnight/resort accommodations: No overnight/resort accommodations are permitted within Planning Area 13F. i Nea-pon Coast LCP Second Amendment December 3. 1996 11 -5.10 j It. Planning Area PA 14 (Lower Wishbone) shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section I -4 -A: 1) Overnight/resort accommodations: Two hundred and fifty (250) overnight/resort accommodations. 2) Casitas shall be counted as follows with respect to the maximum 250 permitted overnight/resort accommodations: a) Casitas with one or two bedrooms shall be considered one (1) overnight/resort accommodation; and b) Casitas with three or more bedrooms shall be considered two (2) overnight/resort accommodations. 3) Day -Use Commercial uses: A maximum of twenty-five thousand (25,000) square feet of gross floor area is permitted in addition to that included within hotels and other accommodation areas. Any day -use retail commercial facilities under this subsection shall be incidental, accessory, or directly related to the adjacent park, accommodations, and /or recreational visitor activities. 4) Principal permitted uses and accessory uses, including overnight/resort accommodations and all directly supporting commercial facilities but excluding parking facilities and the day -use commercial described in (2) above, shall not exceed a total of 300,000 square feet. Within this total area, Planning Area 14 shall not contain more than 18,750 square feet of meeting space. 5) Building height: Thirty-five (35) feet maximum, except towers, gables, spires, flag poles, chimneys, mechanical equipment, and architectural features will have a maximum height of forty-seven (47) feet. 6) Building site coverage: Fifty (50) percent maximum, excluding parking structures. Newport Coast LCP Second Amendment December 3. 1996 11-5.11 7) Building setbacks: a) From Pacific Coast Highway - one hundred (100) feet minimum. b) Minimum setback for surface parking from Pacific Coast Highway will be ten (10) feet. 8) Minimum site landscaping shall be 15% of the net area of the site. To minimize to the extent practicable any views of the hotel parking areas from inland portions of Crystal Cove State Park, landscape screening shall be provided parallel to the perimeter of parking areas in Planning Area 14 which border Muddy Canyon. i. Planning Area PA 20A (Laguna Canyon) shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section I -4 -A: 1) Principal permitted uses and accessory uses shall not exceed a total of 75,000 square feet of floor area directly related to and /or supportive of the nearby park and /or recreational visitor activities and /or public works facilities. 2) Access: Access to the tourist commercial facilities will be directly from Laguna Canyon Road. 3) Building height: One story maximum, except towers, gables, spires, flag poles, chimneys, mechanical equipment, and architectural features will have a maximum height of thirty -five (35) feet. 4) Building Site Coverage structures. 5) Building /Parking setbacks: Forty -five (45) percent maximum, excluding parking a) Building from Laguna Canyon Road = 50 feet minimum. b) Surface parking from Laguna Canyon Road = 10 feet minimum. Ne..poa Coast LCP Second Amendmem December 3. 1996 11 -5.12 r 6) Prior to, or concurrent with the recordation of the first final development map in PA 20A the landowner shall record an Offer to Dedicate PA 16A and PA 16B. Such offer shall be subject to immediate acceptance by the County of Orange for a period of three (3) years. In the event that the County does not accept the offer during that time period, said offer shall be available for acceptance by the City of Laguna Beach for a period of three (3) years thereafter. i Newport Coast LCP Second Amendment December 3. 1996 II -5.13 CHAPTER GOLF COURSE PLANNING AREAS A. PURPOSE AND INTENT The Golf Course Planning Areas of The Newport Coast Planned Community are established to provide for the development and maintenance of primarily golf courses, related commercial and noncommercial facilities, and accessory uses and structures in proximity to destination resort and related tourist/recreational visitor - serving commercial facilities. These planning areas permit necessary roads, public works, and infrastructure. These Golf Course Planning Area Regulations are intended to implement the LCP Land Use Plan's Golf Course Policies Section I -4 -B subject to the requirements of the LCP Land Use Plan's Policies Chapter 3 and 4. B. PRINCIPAL PERMITTED USES The following principal permitted uses are permitted in all Planning Areas designated for Golf Course use subject to the approval of a Coastal Development Permit as provided in Chapter 10: 1. PRINCIPAL PERMITTED USES SUBJECT TO PLANNING COMMISSION APPROVAL: a. Golf courses and clubhouses. b. Driving ranges and putting greens. c. Commercial and noncommercial recreation uses and facilities such as tennis courts, racquetball courts, health clubs, etc. d. Clubhouse facilities, including restaurants, cocktail lounges, banquet rooms, meeting facilities, and similar uses related to a permitted recreation use or complex. e. Community facilities and community service facilities. Newport Coast LCP Second Amendment December 3. 1996 II -6.1 2. PRINCIPAL PERMITTED USES SUBJECT TO ZONING ADMINISTRATOR APPROVAL: a. Lakes, ponds, and associated drainage facilities. b. Public works, infrastructure, and road improvements. c. Communication transmitting, reception or relay facilities. d. Accessory Permitted Uses listed in Section C of this Chapter when located on a separate building site. C. ACCESSORY PERMITTED USES Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site, per Zoning Code Section 7 -9 -137 as applicable, including: 1. Information center, shops, and commercial concessions related to golf course use and accessory to the clubhouse operation; 2. Maintenance facilities and structures, caretaker quarters, garages, carports; and storage sheds; 3. Detached accessory structures such as greenhouses, gazebos, and cabanas; 4. Swimming pools, saunas, therapy baths, water fountains, and related equipment; 5. Covered patios and decks; 6. Fences and walls; 7. Walkways/ trails, greenbelts, and common areas; and Newport Coast LCP Second Amendment December 3. 1996 11 --6.2 g. Signs per Zoning Code Section 7 -9 -144. D. PROHIBITED USES 1. Camping facilities including tent and /or RV campgrounds. 2. Professional and administrative. offices not directly ancillary to and supportive of a permitted use. 3. Industrial and manufacturing facilities. 4. Uses not provided by Section B and C of this Chapter shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. E. SITE DEVELOPMENT STANDARDS 1. Building height: Forty (40) feet maximum. 2. Setback from streets: Twenty (20) feet minimum. 3. Clubhouse building site coverage: Fifty (50) percent maximum. 4. Off - street parking: Shall be provided per Chapter 9 of this IAP. 5. Screening: Walls and fences over six (6) feet in height shall be installed in accordance with the following limitations, unless otherwise provided for by an approved Site Plan. a. Hazard fences for golf courses may be installed where necessary to protect buildings, vehicles, and persons (no height limitation). Newport Cout LCP Second Amendment December 3. 1996 II -6.3 b. Non - opaque fences shall be a minimum of twenty (20) feet from the ultimate right -of -way of any street or highway. r- 6. Grading and Erosion Control: Grading and Erosion Control Plans shall conform with the Land s Use Plan's Resource Conservation and Management Policies Sections I -34, I -3 -K, I -3 -L, and I -3 -M. i_ 7. Lights: All lights shall be designed so that all rays are aimed at the site. 8. Habitat irrigation shall conform with the Riparian Habitat Creation Program (RHCP) of the Land Use Plan's Golf Course Policies Section I -4 -B -5 and the following criteria shall be applied: a. The RHCP shall include a drawing showing the relationship of riparian habitat areas, f' ponds, transition areas, and adjacent golf course features. Areas shall be designated as primarily habitat (i.e., riparian habitat areas), multi - purpose (i.e., ponds and transition areas), and primarily recreational (i.e., golf course features). i b. For riparian habitat areas, the RHCP shall show how topography, water supply and drainage patterns, and soil type and conditions will be made suitable for the growth, establishment, and persistence of the planted vegetation. c. Planting plans prepared for the RHCP shall address methods to propagate riparian vegetation, responding to the following priorities as feasible: a) seed, cuttings, and /or transplants of existing plants salvaged /collected on -site; b) seed or cuttings from other sources. Transplants of existing plants may be used only to the degree that the benefits outweigh the increased probability of failure due to shock, root stress, etc. associated with transplanting. d. The RHCP shall address management of exotic species as follows. A list of highly invasive and undesirable plants to be removed upon detection (e.g., pampas grass) will be prepared, including sensitive control methods which do not compromise riparian plantings. New'pen Coast LCP Semd Amendment December 3, 1996 11 -6.4 Criteria for determining when other exotic plants (e.g., wild oats, rye grass) compete unduly with planted vegetation will be included, also including sensitive control methods. e. The RHCP shall address topsoil management, giving first priority to use of native topsoil provided it is free of significant weed seed reservoirs, salt concentrations, and similar detrimental factors; and giving second priority to other soil material placed by grading. f. The RHCP shall address treatment of transitional areas (i.e., "rough ") between golf play areas and habitat areas, to include their function as buffers. Plans for multi - purpose features, ponds in particular, will show which edges are to be intensively managed for golf course /aesthetic considerations, which edges are to be managed primarily for habitat purposes, and how ponds will be managed to accommodate both golf course /aesthetic and habitat interests. g. The RHCP shall include measures addressing maintenance of golf course features and habitat areas to minimize conflicts between maintenance and use of the golf course and the riparian habitat. h. The RHCP shall provide for monitoring of the success of the riparian habitat creation based upon stated habitat objectives. i. As a condition of approval, the RHCP shall be reviewed by the California Department of Fish and Game and, if appropriate, approved through a Streambed Alteration Agreement pursuant to Section 1600 et seq. of the State Fish and Game Code. Newport Coast LCP Second Amendment December 3. 1996 II -6.5 CHAPTER 7 RECREATION PLANNING AREAS A. PURPOSE AND INTENT Certain Recreation Planning Areas (i.e., PA 12F, PA 12G, PA 12J PA 17, PA 18, PA 19, PA 2013, and PA 20C) of The Newport Coast Planned Community are established to provide for the public ownership, development, and maintenance of primarily regional recreational activities and facilities as well as public infrastructure facilities which will afford the greatest public access and benefit without adversely altering the sites. Certain other Recreation Planning Areas (i.e., PA 11A, PA 11B, PA 12A, PA 1213, PA 12C, PA 12D, PA 12E, PA 12F, PA 12H, and PA 12I) are established to serve open space /recreation uses as provided for in The Newport Coast LUP. The Recreation Use Regulations are intended to implement the LCP Land Use Plan's Recreation/Public Access Policies Section I -4 -C subject to the requirements of the LCP Land Use Plan's Policies in Chapter 3 and 4. B. PRINCIPAL PERMITTED USES Consistent with the policies of LUP, Section I -3 -C, the following principal permitted uses are permitted in Planning Areas designated for Recreation use subject to the approval of a Coastal Development Permit by the Zoning Administrator as provided in Chapter 10. Such uses may be operated by a limited commercial venture with the purpose of serving the recreational needs of park visitors and /or improving public recreation services whether financially through lease or other payments to a public agency or functionally through the delivery of a permitted recreational use that otherwise would not be available to the public. Newport Coast LCP Second Amendment December 3. 1996 II -7. 1 1. PLANNING AREA PA 18 (EMERALD CANYON): a. Riding and hiking trails. b. Picnic areas. c. Viewpoints, non - commercial rest stops, and other passive recreation facilities. d. Regional Park concessions associated with park use consistent with LUP Policies Section I -3 -C. 2. PLANNING AREA PA 19 (EMERALD RIDGE): a. Parking areas. b. Camping. c. Youth hostels. d. Non - commercial staging areas. e. Picnic areas. f. Equestrian centers. g. Regional park concessions associated with park use consistent with LCP Policies Section I -3 -C. h. Riding and hiking trails. 3. PLANNING AREA PA 20B (LAGUNA CANYON): a. Parking areas. b. Riding and hiking trail staging areas. c. Public utilities within existing easements. d. Existing agricultural operations. e. Existing educational institutions. f. Cultural facilities as temporary facilities in support of periodic cultural events. g. Public parks. h. Maintenance of public facilities /roads. i. Existing municipal yards. Newport Coast LCP Second Amendment December 3. 1996 11 -7.2 4. PLANNING AREAS PA 12G AND PA 20C: a. Commercial recreation related to park use. b. Specialty retail shops related to park use. c. Restaurants and food sales serving visitors to the adjacent regional and state parks. d. Museums, art galleries, outdoor amphitheaters, and other cultural /educational uses and facilities. e. Arboretums and horticultural gardens. f. Staging areas for campers, riders, hikers, and other visitors to the adjacent Irvine Coast Wilderness Regional Park and Crystal Cove State Park. g. Regional Park support facilities such as, but not limited to, ranger headquarters, regional park parking facilities, and restroom facilities. 5. PLANNING AREA PA 17 (CRYSTAL COVE STATE PARK): Crystal Cove State Park's "Public Works Plan" has already been certified by the Coastal Commission for Recreation Planning Area PA 17 and, accordingly, is not part of this LCP. 6. PLANNING AREAS PA 11A, PA 12A, PA 12E, PA 12H AND PA 121: a. Local parks. b. Riding and hiking trails. c. Bikeways. d. Utilities, drainage, and water supply facilities as provided for in Chapters 3 and 4 of the LUP. e. Fuel modification and fire protection facilities and accessways related to park protection. 7. PLANNING AREAS PA 11B, PA 12B, AND PA 12D: a. Passive recreation uses; b. Open Space (natural and modified for fire protection pursuant to LUP Policy Section I -3- M, Development/Open Space Edges Policies); Newport Coast LCP Second Amendment December 3, 1996 11 -7.3 c. Passive preservation areas for archaeological and paleontological sites and identified ESHA's; d. Open space within lot lines from adjoining residential areas where the land is owned and maintained by adjacent homeowners or homeowners associations (not public agencies or districts); e. Public works, roads, and infrastructure necessary for other permitted uses; and f. Hiking trails. S. PLANNING AREA 12C: a. Parking areas; b. Riding and hiking trail staging areas; c. Picnic areas, parks, trails, greenbelts and common areas; d. Equestrian and community centers; e. Swimming pools, tennis courts, ball fields and detached accessory structures and related equipment; f. Fences and walls; g. Roads, utilities, drainage and water supply facilities; and It. Communication transmitting, reception or relay facilities. 9. PLANNING AREA 12F: a. Schools; b. Parking areas; c. Swimming pools, tennis courts, ball fields and detached accessory structures and related equipment; d. Fences and walls; e. Roads, utilities, drainage, sewer and water supply facilities; and f. Communication transmitting, reception or relay facilities. Newport Coast LCP Second Amendment December 3. 1996 11 -7.4 10. PLANNING AREA 12J: a. Roads, utilities, drainage, sewer, water storage and supply facilities; b. Detached maintenance and accessory structures; c. Parking areas; d. Fences and walls; e. Communication transmitting, reception or relay facilities; and f. Fuel modification and fire prevention facilities and access ways. C. OTHER PERMITTED USES IN PA 18, PA 19, PA 20B. AND PA 20C SUBJECT TO COASTAL COMMISSION APPELLATE JURISDICTION OVER "CD" PERMITS 1. New utility development. 2. New roads or expansions. Any widening or relocation of Laguna Canyon Road shall conform with IAP Special Provision Subsection II- 3 -B -27. D. ACCESSORY USES PERMITTED Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site per Zoning Code Section 7 -9 -137. E. 1. Recreation vehicle (RV) Parks. 2. Industrial and manufacturing facilities. 3. Sand and gravel extraction. 4. The fencing of homeowner lots and lot lines extending into Planning Areas PA 11B, PA 12B, and PA 12C. Newport Coast LCP Second Amendment December 3. 1996 11 -7.5 5. Uses not provided by Section B through D of this Chapter shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. F. SITE DEVELOPMENT STANDARDS 1. Building site area: No minimum. 2. Building site width and depth: No minimum. 3. Building setbacks: All buildings shall be set back from property lines a distance at least equal to the height of the building or structure, and not less than thirty (30) feet from any adjacent Residential Planning Area. 4. Building site coverage: Not more than one (1) percent of the total lands in this land use category may be covered by buildings except as defined for PA 11A, PA 12A, PA 12E, PA 12I, PA 18, PA 19, PA 20B, and PA 21D. A maximum of twelve (12) percent of the total land area in PA 12B, PA 12C, PA 12G and PA 12H may be developed with structures, pavement or other impervious materials. 5. Building height limit: Fifteen (15) feet for PA 12G; eighteen (18) feet for PA 11A, PA 11B, PA 12A, PA 12B, PA 12D, PA 12E, PA 18, PA 19, and PA 20B; and twenty-five (25) feet for PA 20C; and thirty-five (35) feet for PA 12C, PA 12F and PA 12 . 6. Off - street parking: Shall be provided per Chapter 9 of this IAP. 7. Screening: Due to the recreational open space character of many of the permitted uses, the following screening standards may not be appropriate in all cases, and Alternative Development Standards may be established by an approved Coastal Development Permit. Generally, walls and fences may be installed in accordance with the following limitations: Newport Coast LCP Second Amendment December 7. 1996 II -7.6 a. Natural wood, concrete, stone, masonry, and /or wrought iron non - opaque fences may be installed, provided they are consistent with the Purpose and Intent of this Chapter, and are set back a minimum of twenty (20) feet from the ultimate right -of -way line of any street or highway. b. Masonry or solid wood fences shall be shielded from view from any street or highway by landscaping and /or berms or other topographic features, and shall be set back a minimum of fifty (50) feet from the ultimate right -of -way line of any street or highway. c. Parking areas adjacent to public or private streets or highways shall generally be screened from view by earthen berms and /or landscaping. Newport Coast LCP Second Amendment December 3, 1996 II -7.7 CONSERVATION PLANNING AREAS A. PURPOSE AND INTENT The Conservation Planning Areas of The Newport Coast Planned Community are established to provide for the resource preservation, enhancement, limited development, and maintenance of largely natural and undeveloped lands identified for resource conservation, where the natural resources are to be preserved and enhanced after acquisition by a public agency. Most Conservation lands are currently under private ownership and will be transferred in increments to a public agency over a period of time. Prior to transfer, the private landowner will be responsible for the maintenance and management of these lands. These Conservation Planning Area regulations are intended to implement the LCP Land Use Plan's Conservation Area Policies Section I -3 -A subject to the requirements of the LCP Land Use Plan's Policies in Chapters 3 and 4. B. PRINCIPAL PERMITTED USES The following principal permitted uses are permitted in Planning Areas PA 16A, PA 1613, PA 21A, PA 21B, PA 21C, and PA 2 1 D designated for Conservation Use subject to the approval of a Coastal Development Permit by the Zoning Administrator as provided in Chapter 10: 1. Passive recreation uses. 2. Viewpoints and overlook areas. 3. Riding and hiking trails. 4. Scientific study areas. 5. Maintenance of existing public improvements/ facilities. Newport Coast LCP Second Amendment December 3, 1996 1I -8. 1 6. Uses permitted only within three hundred and fifty (350) feet of Laguna Canyon Road, and /or on land of less than thirty (30) percent slope: a. Riding and hiking trailheads; b. Riding and hiking trail staging areas; c. Maintenance of existing utilities; d. Maintenance of existing flood, drainage, and erosion control facilities; and e. Road improvements, expansions, and maintenance. 7. Any widening or relocation of Laguna Canyon Road shall conform with IAP Special Provision Subsection II- 3 -B -27. C. ACCESSORY PERMITTED USES Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site, per Zoning Code Section 7 -9 -137. D. PROHIBITED USES 1. Primary residential structures. 2. Commercial uses. 3. Industrial and manufacturing facilities. 4. Sand and gravel extraction. 5. Uses not provided by Section B and C of this Chapter shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. Newport Coast LCP Second Amendment December 3, 1996 II -8.2 E. INTERIM CONSERVATION MANAGEMENT The following shall apply to any private- sector landowner prior to the transfer of Conservation areas to public ownership. All improvements shall be consistent with the LCP Land Use Plan's Interim Conservation Management Policies Section I -3 -B: The landowner may continue existing agricultural uses, including cattle grazing and may construct and maintain any fencing, firebreaks, fuel modification zones, water pipes, and cattle - watering facilities, and maintain access roads necessary for the continued use and protection of the property, and for facilities approved by the County of Orange for public health, safety, welfare. and recreation purposes consistent with this chapter. 2. New fences will be designed so that wildlife, except large mammals such as deer, can pass through. 3. No alteration to existing stream courses or landforms in Emerald Canyon will occur except as necessary to provide fire protection. 4. No excavations of archaeological and paleontological sites will be permitted except as required by public safety and /or utilities facilities and in accordance with the policies set forth in Sections I -3 -G and I -3 -H. 5. Landform alterations are allowed in Conservation areas to the extent required to accommodate realignment, improvement, and /or widening of Laguna Canyon Road and associated improvements and shall conform with the requirements of IAP Section II- 3 -B -27 for any such project. 6. No agricultural practice shall aggravate known or suspected land management problems such as the spread of non - native plants, soil erosion, or the deterioration of sensitive environmental habitats. Newpon Coast LCP Second Amendment December 3, 1996 I1 -8.3 F. PARK DEVELOPMENT STANDARDS The following standards shall apply to those areas designated for Conservation uses after acquisition by a public agency: 1. Wildlife habitats shall be preserved by controlling human access to Emerald Canyon. 2. Key areas of chaparral and coastal sage shall be protected from human intrusion. 3. Stream courses in Emerald Canyon shall be retained in a natural state or enhanced. 4. Significant riparian areas shall be preserved as sources of shelter and water for wildlife. 5. Improvements shall be compatible ; with the natural environment and shall not damage landforms, vegetation, or wildlife to any significant degree. 6. All archaeological sites and paleontological sites shall be preserved. 7. All buffer areas necessary for the protection of habitat are located within the Conservation category. Newport Coast LCP Second Amendment December 3, 1996 II -8.4 OFF - STREET PARKING REGULATIONS A. PURPOSE AND INTENT The purpose of these regulations is to provide for the off - street parking of motor vehicles within The Newport Coast Planned Community. The parking facilities required by this Chapter are assumed to be the minimum which will be required by the various land use categories. It is intended that these regulations will result in properly designed parking facilities of sufficient capacity to reduce traffic congestion, provide safe and convenient facilities for motorists and pedestrians, and generally provide for the parking of motor vehicles at locations other than on streets. B. GENERAL REQUIREMENTS Except as otherwise specified herein, off - street parking for The Newport Coast Planned Community shall be in accordance with Section 7 -9 -145, Off - Street Parking Regulations, of the County of Orange Zoning Code, which is incorporated by reference as a part of this Chapter. Location of Off - Street Parking: Required parking spaces and garages shall be located conveniently close to the use or uses they serve. 2. Common Area Parking: Common area parking may be approved by a Coastal Development Permit or Site Plan. 3. Joint Use Parking: Parking reductions from the aggregate total requirement of different uses within a hotel, motel, or similar accommodations development, or due to shared parking or joint use, shall be allowed in conformance with the standards outlined herein. Newport Coast LCP Second Amendment December 3. 1996 II-9.1 C. STANDARDS FOR INDIVIDUAL PRINCIPAL USES The following standards delineate the minimum facilities required for three individual principal uses 1. Hotels, motels, and similar accommodations including accessory /ancillary uses: 2. Restaurants: 3. Retail and service commercial stores: One (1) parking stall per guest unit. Ten (10) parking stalls minimum; or one (1) stall for each 100 s.f. of gross floor area up to 4,000 s.f., plus one (1) for each 80 s.f. of gross area over 4,000 s.f. One (1) parking stall per 200 s.f. Parking requirements for mixed -use developments such as a destination resort are separately addressed in Section D of this Chapter. D. JOINT -USE OR SHARED PARHING A reduction in "required" parking for each principal use will be permitted for either joint -use or shared parking upon the approval of a Detail Parking Plan by the Director, EMA. The request for a parking reduction due to joint use or shared parking shall be accompanied by findings in the Detail Parking Plan which determine that: 1. Such modifications will have no negative impact on public access to the beach and parking for public recreational uses; and 2. The permit approval shall be conditioned upon the recording with the County Recorder of an agreement, executed by all parties concerned in the shared parking arrangement, assuring the continued availability of the required number of spaces. Newport Coast LCP Second Amendment December 3, 1996 II -9.2 E. EXCEPTIONS AND /OR MODIFICATIONS TO OFF- STREET PARKING The provisions of this Chapter and Section 7 -9 -145 of the County of Orange Zoning Code are intended to meet the minimum design needs for off - street parking under most conditions. Where, because of the nature of the use involved or other relevant circumstance, the requirements of this Chapter are considered to be excessive, an exception and /or modification to these provisions and those of Section 7 -9 -145 of the County of Orange Zoning Code may be approved in accordance with the following procedure, provided such exception and /or modification is consistent with the purpose and intent of this Chapter: Any property owner, his authorized agent, or a public agency may apply for an exception to, or modification of, the off - street parking requirements set forth in this Chapter and /or Section 7 -9 -145 of the County of Orange Zoning Code. 2. Exceptions to, or modifications of, the off - street parking regulations shall be permitted subject to the approval of a Use Permit or a Coastal Development Permit. 3. Coastal Development Permits or Use Permits which include a request for an exception to, or modification of, off - street parking requirements shall be processed in accordance with the provisions of Chapter 10 of this IAP. Newport Couc LCP Second Amendmen[ Deccmbcr3,1996 II -9.3 CHAPTER 10 DISCRETIONARY PERMITS AND PROCEDURES A. GENERAL REQUIREMENTS Section 7 -9 -118, "Coastal Development" (CD) District, and Section 7 -9 -150, "Discretionary Permits and Procedures ", of the County of Orange Zoning Code are incorporated by reference into this Implementing Actions Program (IAP). In the event of conflicting provisions between this Chapter and Sections of the County of Orange Zoning Code, this Chapter shall take precedence. In the event of conflicting provisions between Section 7 -9 -118 and Section 7 -9 -150 of the County of Orange Zoning Code, the requirements of the CD District shall take precedence. 1. PRINCIPAL PERMITTED USES: Land Uses listed in this IAP as principal permitted uses, are considered to be within the category of "principal permitted use" under the County of Orange Zoning Code Section 7 -9- 118, the California Coastal Act of 1976, in general, and Public Resources Code Section 30603 (a) (4), in particular. 2. COASTAL DEVELOPMENT PERMITS: A Coastal Development Permit (CDP) shall be processed in compliance with the CD "Coastal Development" District Regulations, Section 7 -9 -118, of the County Zoning Code. A CDP may be processed as a large -scale Master Coastal Development Permit. Other CDP's may be approved by either the Zoning Administrator or Planning Commission as specified in each land use regulations chapter. A CDP may be approved which establishes alternative development standards in conformance with Subsection 4 of this Section. Neapon Coast LCP Second Amendment December 3. 1996 H-10.1 3. APPLICATIONS: This Section applies to this Newport Coast Implementing Actions Program and references Sectibns 7 -9 -118 of the County Zoning Code with exceptions as noted herein: a. Tourist Commercial Use Applications -- Applications for Coastal Development Permits shall contain the following information: 1) Large -Scale Plan: a) Location, acreage, and type of land use for each building. b) Topography: existing and proposed (i.e., Concept Grading Plan). c) General public street/corridor layout and width. d) Existing structures and development on adjacent parcels, to a minimum of two hundred (200) feet from the Planning Area. e) Location of riding and hiking trails. f) Location and treatment of significant cultural /scientific resources. g) Location of significant vegetation and an indication of the resources to be altered and the resources to be preserved. h) Location and treatment of scenic highways, if applicable. i) Location of extensions of off -site roads or utilities through a Planning Area to serve adjacent areas. 2) Large -Scale Elevations -- of all primary structures including, but not limited to the following: a) Predominant exterior materials; b) Predominant exterior colors; and c) Building heights. 3) A list of any proposed Alternative Development Standards. Ne.T)on Coast LCP Second Amendment December 3. 1996 II -10.2 �t b. Other Land Use Applications -- Applications for Coastal Development Permits, including a Master Coastal Development Permit, shall contain the following information: 1) Large -Scale Plan: a) Location, acreage, and type of land use for each building site. b) Range of dwelling units to be developed on each building site. c) General public street/corridor layout and width. d) Location and acreage of landscape, open space and recreation areas. e) Park location and acreage, if applicable. f) School location and acreage, if applicable. g) Location, acreage, and land use of all non - residential areas. h) Topography: existing and proposed (i.e., Concept Grading Plan). i) Existing structures and development on adjacent parcels, to a minimum of two hundred (200) feet from the Planning Area. j) Concept Drainage Plan. k) Location of riding and hiking trails. 1) Location and treatment of significant cultural /scientific resources. m) Location of significant vegetation and an indication of the resources to be altered and the resources to be preserved. n) Location and treatment of scenic highways, if applicable. o) Location of extensions of off -site roads or utilities through a Planning Area to serve adjacent areas. 2) A list of any proposed Alternative Development Standards. 3) The "Master Drainage and Runoff Management Plan ", if required by Subsection II -3- B-11. Newport Coast LCP Second Amendment December 3. 1996 II -10.3 4. ALTERNATIVE DEVELOPMENT STANDARDS: With approval of a CDP, alternative development standards may be established without an LCP amendment where the standards pertain to: setbacks to residential streets; nonresidential highways or local streets; rear and side yard setbacks for development not bordering an open space or recreation area; building height (except for Planning Area PA 6) in areas not visible from Pacific Coast Highway; area per unit for residential inland of Pacific Coast Highway; walls and fences; landscaping other than along Pacific Coast Highway; signage; lighting; loading, trash, and storage areas not visible from Pacific Coast Highway; vehicular driveways and sidewalks; outdoor storage areas; and /or modifications for off - street parking requirements in areas inland of Pacific Coast Highway. Alternative development standards other than those specified above will require an LCP amendment. A CDP proposing to establish alternative development standards shall require a public hearing, with public notification, before the Planning Commission per Zoning Code Section 7- 9- 150.3(c) as adopted by the County at the time of Coastal Commission Certification of this LCP. When a Coastal Development Permit proposes to establish an alternative development standards, the burden of proof shall be on the project proponent. The alternative development standards may be approved when it is found that they will result in an equivalent or better project in terms of minimizing adverse impacts and enhancing public benefits to the immediate and surrounding community. B. SITE PLANS /SITE DEVELOPMENT PERMITS 1. SITE PLAN /SITE DEVELOPMENT PERMIT PROCESS: A Site Plan may be required by the Planning Commission or Zoning Administrator for certain development projects in addition to a CDP, and shall be processed in compliance with Zoning Code Section 7- 9- 150.3(d) unless the Director, EMA, determines, on a case -by -case basis, that the public interest would be better served by a public hearing before the Planning Commission. In such cases, the Site Plan shall be processed per Section 7- 9- 150.3(c). Newport Coast LCP Second Amendment December 3. 1996 11 -10.4 t r t Site Plans shall contain all the following data when applicable to the project proposal: a. Plot Plans -- drawn to scale, fully dimensioned and easily readable, containing the following: 1) Title block (applicant's name and date drawn). 2) Scale and north arrow. 3) Property lines or building sites, dimensioned. 4) Existing use of property. 5) Location, acreage, and proposed type of land use for each building. 6) Buildings; existing and proposed use, location and size. 7) Number of dwelling units to be developed on each building site. 8) Streets /corridor; location and width. 9) Easements; location, purpose and width. 10) Access; existing and proposed. 11) Parking areas. 12) Signs; location, height, dimensions, and copy if available. 13) Fencing (walls); type, location and height. 14) Location, acreage, and ownership of landscape, natural open space and recreation areas. 15) Landscape and screening areas. 16) Topography, existing and proposed (i.e., Concept Grading Plan). 17) Existing structures on abutting properties, location, height and uses. 18) Location, width, and treatment of riding and hiking trails. 19) Location and acreage of transit terminal. 20) Location and treatment of cultural /scientific resources. 21) Location of significant vegetation and an indication of the resources to be altered and the resources to be reserved. 22) Location and treatment of scenic highways. 23) Information required by Chapter 3, General Provisions and Regulations. 24) A list of all relevant programs, policies, and guidelines contained in the General Plan and LUP, together with a description of how they are being implemented through the Site Plan. Neupon CouE LCP Second Ammdmem December 3, 1996 11 -10.5 25) Any additional background and supporting information as the Director, EMA, deems 9 necessary. r i i r b. Elevations -- of all structures (including walls and signs) including, but not limited to, the r.. following: 1) All exterior materials; t. 2) All exterior colors; 3) Building heights; and r 4) If the Site Plan is for a residential development, typical elevations shall be provided. c. Preliminary Landscape Plans -- including the general location of all plant materials, by common and botanical names. V Newport Coast LCP Second Amendment December 3. 1996 II -10.6 CHAPTER 11 DEVELOPMENT MAP AND STATISTICAL TABLE REGULATIONS AND PROCEDURES A. PURPOSE AND INTENT The purpose of this Chapter is to provide regulations and procedures for Planning Commission revisions to the Planned Community Development Map and the Planned Community Statistical Table. B. PLANNED COMMUNITY DEVELOPMENT MAP The Planned Community (PC) Development Map (See Exhibit W) covers all the territory included within the Planned Community Zoning Map. The PC Development Map identifies Planning Areas and corresponding uses contained in the LCP Land Use Plan, along with other planning information. The acreages in the Statistical Table on the PC Development Map may vary without requiring an amendment to the LCP Land Use Plan provided that the variation is consistent with the total acreage and boundaries of Development and Open Space shown on the Planned Community (PC) Statistical Summary and does not result in development occurring within the proposed Irvine Coast Regional Park dedication areas. C. PLANNED COMMUNITY STATISTICAL TABLE The Planned Community (PC) Statistical Table contains the statistical breakdown for each of the res- idential and nonresidential Planning Areas shown on the Planned Community Development Map. The residential density categories on the PC Statistical Table, together with the nonresidential land use categories, shall coincide with the land use categories indicated in the LCP Land Use Plan, the PC Zoning Map, and the PC Development Map. Newpors Coass LCP Second Amendmem December 3, 1996 II -11.1 PLANNED COMMUNITY DEVELOPMENT HAP, - 0@@@IMd Q M @[Md M Cam Exhibit w The Newport Coast Local Coastal Program . MM E9 De tff 3. 1998 LEGEND COASTAL DONE BOUNDARY PLANNED COMMUNriY BOUNDARY PLANNING AREA BOUNDARY F-13—B-I PLANNING AREA 0° LOCAL ROAD CONNECTIONS TO P.C.H. © LAW DENSITY RESIDENTIAL (42) W Mm-LOW DENSITY RESIDENTIAL (2.9.5) ® MEDIUM DENSITY RESIDENTULL (&&ez) ® HIGH DENSITY RE&DemAL ( &b18) TC • •. o• Moss••. 0 SCENIC HIGHWAY DIST. SIGN RESTRICTION qSf. MAJOR ARTERIAL PRIMARY ARTERIAL E� COLLECTOR CLASS II REGIONAL BIKE TRAIL 0000 REGIONAL RIDING/ HIIQNG TRAIL S.M. .r I �aw.a .roa Z FF xAa wz� 0 u u A e E 8- E EEu 0, . ....... oz oz z yob An m 0 uo z jT Big A U�� z , u u �uu In Ul i ol E 8- E EEu All Planning Areas which allow for residential uses shall be developed consistent with the maximum number of dwelling units indicated for the Planning Area in the PC Statistical Table. The PC Statistical Table shall be revised in accordance with the requirements contained in this Chapter. No amendment to the PC Zoning Map and /or PC District Regulations shall be required solely for the purpose of changing the number of dwelling units or acreage assigned to a Planning Area on the PC Statistical Table, provided the change is consistent with the PC Statistical Summary and the adopted PC Zoning Map, and that the maximum number of dwelling units permitted in The Newport Coast Planned Community shall not exceed 2,600 dwelling units. Compliance with the County's Housing Element will be demonstrated in the Housing Implementation Plan. D. PROCEDURES FOR REVISIONS TO PC DEVELOPMENT MAP AND PC STATISTICAL TABLE Revisions to the PC Development Map and Statistical Table shall be in accordance with the following procedures, which are intended to assure compliance with the goals and policies of the General Plan and the LCP Land Use Plan: 1. Any proposed revision to the PC Development Map and Statistical Table shall be accompanied by a project proposal consisting of a Coastal Development Permit, Site Plan, and /or Tentative Subdivision Map and shall require a public hearing before the Planning Commission. 2. Any revision to increase the number of estimated ( "Est (a) ") dwelling units or accommodations in any Planning Area shall be offset by a corresponding decrease in other Planning Area(s), provided that the total number of dwelling units and accommodations shown on the PC Development Map and Statistical Table for the entire Planned Community does not exceed 2,600 dwelling units and 2,150 accommodations, respectively; and the maximum ( "Max (b) ") dwelling units or accommodations shown on the Statistical Table for each Planning Area is not exceeded. 3. Any revision to reallocate the number of dwelling units, accommodations and /or the acreage assigned to land uses from one Planning Area to another Planning Area shall require an amendment to the PC Development Map and Statistical Table. Ncwyon Coasi LCP Second Amcndrnw Deccmbcr 3. 1996 11-1 1 4 4. Any proposal to reallocate the number of dwelling units, accommodations, and /or the acreage assigned to land uses from one Planning Area to another Planning Area shall require submittal of the following information: a. A revision to the PC Development Map showing all proposed changes to the PC Statistical Table; b. An analysis of the consistency of the proposed changes with the LCP Land Use Plan and PC Zoning Map and Statistical Summary; c. Identification on the PC Statistical Table of the number of units which have been approved on all Tentative Subdivision Maps and all recorded Final Subdivision Maps, and the dwelling units under construction or those completely constructed at the time of the proposed PC Statistical Table revision; d. Identification of the ownership of parcels to be affected by the proposed PC Statistical Table revision; and e. Any additional background and /or supporting information which the Director, Orange County EMA, deems necessary. 5. All Planning Area acreages identified on the PC Statistical Table may be revised by the Planning Commission when more accurate information is available. 6. All revisions to the PC Development Map and Statistical Table shall be consistent with the LCP Land Use Plan and the PC Zoning Map and Statistical Summary. The acreages listed in the Statistical Table for individual piamdng areas on the PC Development Map may be adjusted up to 10% without requiring an amendment to the LCP Land Use Plan. No revision shall be approved by this procedure which would have the effect of changing the land use category or development/open space boundaries shown on the PC Zoning Map and /or the LCP Land Use Plan. Newport Coast LCP Second Amendment December 3. 1996 II -11.5 CHAPTER 12 DEFIMTIONS The meaning and construction of words, phrases, titles, and terms used in this Newport Coast LCP shall be the same as provided in Section 7 -9 -21 of the County of Orange Zoning Code except as otherwise provided in this Chapter. The words "Implementing Actions Program" and the initials "IAP" shall mean the Implementing Actions Program for The Newport Coast Planning Unit of the County's Local Coastal Program, certified by the California Coastal Commission. The words "Land Use Plan" and the initials "LUP" shall mean the Land Use Plan for The Newport Coast Planning Unit of the County's Local Coastal Program, certified by the California Coastal Commission. The word "used" includes the words "arranged for," "designed for," "occupied for ", or "intended to be occupied for." NOTE: Definitions following a single asterisk ( *) are in addition to the definitions contained in the Zoning Code; those following a double asterisk ( * *) are different than the definitions contained in the Zoning Code. *Appealable Area (See Exhibit Y "Appeal Jurisdiction "): a. All area between the sea and the first public road paralleling the sea, or within 300 feet of the inland extent of any beach or the mean high tide line of the sea where there is no beach, whichever is the greater distance; and b. All area within 100 feet of any wetland, estuary, or stream and all area within 300 feet, both seaward and landward, of the top of the seaward face of any coastal bluff. * *Bedroom: Any habitable room other than a bathroom, kitchen, dining room, living room, family room or den. Neu pon Coast LCP Second Amendment December3, 1996 11 -12.1 I Pelican Point P A C I F I C Crystal Cove, 12B O C E A N Abalone Point O OFo � �� APPE L JUGBORM Exhibit Y The Newport Coast Local Coastal Program Oe mber J, 1996 LEGEND LANDS WITHIN 100 FT. OF U.S.G.S. DRAINAGE COURSES LANDS BETWEEN THE SEA AND PACIFIC COAST HIGHWAY COASTAL ZONE BOUNDARY 0 PLANNED COMMUNITY BOUNDARY PLANNING AREA BOUNDARY ED PLANNING AREA * *Building height: Building height shall be measured along perpendiculars (plumb lines) from the elevation of the finished grade to the maximum height above grade specified in the development standards. Where the finished grade slopes at 10% or greater the maximum height above grade shall be as specified in the development standards plus ten (10) feet. These measurements shall be made consistent with the "Regional Interpretative Guidelines, South Coast Region, Orange County." Exhibit Z portrays the application of the height criteria. Maximum height shall be measured to the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. Elevators, mechanical space, chitnneys and architectural treatments (intended to add interest and variation to roof design, yet which do not exceed 10% of the roof area, nor exceed the base - height restriction by more than 12 feet) will be permitted. * *Caretaker: A person who lives on the premises for the necessary purposes of managing, operating, maintaining, or guarding the primary use or permitted uses on the premises. The term includes, but is not limited to, a gardener, maid, butler, guard, or other domestic or industrial /com- mercial custodian of the premises. *Caretaker Quarters: Living quarters, permitted in residential areas, for the housing of a caretaker(s) and the family of the caretaker who live in the same premises (not to exceed 1,500 square feet in floor area on building sites of a minimum 10,000 square feet). Caretaker quarters are not included within the category of, and are not counted toward, permitted dwelling units as specified in this LCP. *Casitas: Over lodging consisting of multiple bedrooms that may be rented separately and which may or may not connect with a central living area which may include cooking facilities. * *Coastal Bluff: Includes the following: a. Any bluff where the toe of the slope is now, or within the past 200 years has been, subject to marine erosion; and b. Any bluff where the toe of the slope is within 300 feet of the inland extent of any beach or the mean high tide line of the sea where there is no beach. Newport Coast LCP Second Amendment December 3. 1996 11 -12.3 Figure 1 The sides of the envelope are established by the setback of the lot. Figure 3 Side surfaces are established as the guideline height is applied to all points of each side. PARCEL DIMENSIONS SETBACK LINES Figure 2 The elevation of any side surface is specified by the maximum guideline height. Height shall be measured along perpendiculars (plumb lines) from the grade elevation. Figure 4 The upper surface of the envelope shall run parallel to the underlying grade elevation (contours) at the guideline specified height. In other words, the upper surface is that plane of points perpendicular to all points on the grade surface at the guideline specified height. ° UOLM ° LIE [EN y IEL0NE Exhibit Z The Newport Coast Local Coastal Program OewmG r3.1996 Source: California Coastal Commission Regional Interpretive Guidelines, South Coast Region, Orange County 7 jr C 1' c *Community Information Center: A temporary structure principally used as an information pavilion and /or office for the sale of homes in the community, and including parking and administrative facilities. *Community Service Facility: A for -profit commercial, or nonprofit use established primarily to service the immediate population of the community in which it is located *Conference Center Facility: A facility, usually in conjunction with a hotel or other visitor accommodations, which offers facilities for business conferences and seminars, including, but not limited to, multi - purpose rooms serving as the main ballroom and prefunction space, smaller seminar rooms, large meeting rooms, audiovisual centers, etc. *Destination Resort: An integrated set of visitor- oriented uses with a variety of overnight/resort accommodations and diverse recreational opportunities including day -use commercial, restaurants, golf course(s), tennis complex(es), health spa(s) and other recreational amenities, conference and meeting facilities ancillary to overnight/resort accommodations, parking facilities, and other incidental and accessory uses supportive of and directly related to the resort. The destination resort will be designed to attract longer -term visitors as well as overnight guests. In order to provide a wide variety of options for visitors, overnight/resort accommodations may include individual hotel and motel rooms, casitas, multiple bedroom unit modules convertible to separate rooms or combined larger units, and individual time -share condominium units suitable for one or more families, all of which may include cooking facilities. Overnight/resort facilities may comprise hotels, individual units owned and /or managed by the hotel operators or owners and individually owned units. The destination resort facilities shall be advertised to the public as an integrated set of recreational visitor - serving attractions, with management of the overnight/resort accommodations structured to allow for both centralized (e.g., hotel) management and individual owner management. ** Duplex: See Residential Duplex . * *Dwelling Unit: One or more rooms in a structure, including a kitchen, designed for occupancy by one family for living and sleeping purposes, and including a mobile home when such mobile home bears an insignia of approval issued by the California Department of Housing and Community Newport Coas[ LCP Second Amendment December J, 1996 II -12.5 Development or a housing seal number from the Federal Department of Housing and Urban Development (HUD). *Environmentally Sensitive Habitat Area (ESH& A natural drainage course identified in LCP Land Use Plan Section I -2 -A -2 and Exhibit H. *Exterior Property Line: A property line abutting a public or private street. El * *Floor Area. Gross: The total horizontal floor area of all floors of a building, including the c exterior walls thereof, measured in square feet; excepting that for commercial, professional and administrative office or industrial buildings or building complexes, areas used in common such as, but not limited to, covered malls, covered walkways, hallways, mechanical equipment areas, stairwells, elevators, lobbies, roofed patio areas, covered entries, covered parking, covered driveways and covered loading areas shall not be included when calculating off - street parking 0 requirements. * *Grade, Finished: The level of the ground surface surrounding a building. *Gross Area: The entire land area within the boundary of a project, measured to the centerline of any abutting arterial highways. *Gross Residential Density: The density of a residential project computed by dividing the total number of dwelling units in the project by the gross area of the project. *Guest Cottage: A detached building, having no kitchen facilities, which is used primarily for sleeping purposes for members of the family occupying the main dwelling or their nonpaying guests (not to exceed 1,500 square feet in floor area.) Guest cottages are not included within the category of, and are not counted toward, permitted dwelling units as specified in this LCP. * *Hotel: Any building, portion thereof, or combination of buildings with access provided through a common entrance, lobby or hallway to guest rooms, with or without cooking facilities, and /or quarters, with or without cooking facilities, retail commercial and other ancillary facilities and which Newpon Coast LCP Second Amendment December 7, 1996 II -12.6 rooms and quarters are designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests. (See also Destination Resort.) *Interior Property Line: A property line which does not abut a private or public street *Joint Use of Parking: The shared use of off - street parking facilities by more than one type of land use. The same parking spaces are counted to satisfy the off - street parking requirements of more than one land use (e.g., use of the same parking facility to satisfy the off - street parking requirements of a church and an office building). *Large -lot Subdivision: A Subdivision or Parcel Map, prepared for financing or conveyance purposes, where no parcel is smaller than 20 acres; and which includes a declaration that the lots created are not building sites. This may include Subdivisions or Parcel Maps for commercial or visitor - serving use areas. * *Motel: A building or group of buildings containing guest rooms or dwelling units designed, intended or used primarily for the accommodation of transient automobile travelers, including but not limited to buildings or building groups designated as auto cabins, motor courts or motor hotels *Net residential area: The area of land remaining in a project, measured in acres or square feet, after deduction of the area contained in streets (both public and private), schools, parks, flood control works and any other use, easement or incumbrance which prevents the surface use of the property for a building site or construction of structures. *Net usable area (nonresidential): The area of land remaining in a project, measured in acres or square feet, after deduction of the area contained in public and private street and highway rights -of- way, schools, parks, flood control works and any other use, easement or encumbrance which limits the surface use of the property, slopes required to level the site, and required screening and landscaping. The area needed to satisfy the off - street parking requirements is included within the net usable acres. *Overnieht/resort accommodations: See Destination Resort. Newpon Coast LCP Second Amendment Decemb" 3. 1996 11 -12.7 *Regional Park Concession: A use otherwise allowed in a regional park area which is operated by a limited commercial venture with the purpose of serving the recreational needs of park visitors r and /or improving public recreation services either financially through lease or other payments to a f public agency or functionally through the delivery of a permitted recreational use that otherwise r would not be available to the public. * *Residential Duplex: Refers to a residential development where two dwelling units are permitted r on one building site. Residential duplex includes planned concept subdivisions and cluster developments; either as conventional subdivisions or planned developments r * *Residential Multiple - Familv: Refers to any residential development wherein the minimum number of permitted dwelling units on one building site is three (3) or more. Multiple - family residential includes multiple - family dwellings, apartments, condominiums, and stock cooperative projects. * *Residential Single- Family: Refers to any residential development wherein each dwelling unit is situated on a residential lot of record and no lot contains more than one dwelling unit and, where permitted, a caretaker's or employee's quarters. Single - family residential includes attached and detached single - family dwellings, planned concept subdivisions, cluster developments, either as conventional subdivisions or planned developments. 0 *Restaurant: An establishment where foods and beverages are prepared and /or dispensed for consumption on or off site. Restaurants include but may not be limited to fully enclosed establishments, partially enclosed establishments, drive -ins, drive - throughs, and fast food establishments. n *Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. Newport Coast LCP Second Amendmem December 3. 1996 11-12.8 CHAPTER 13 LEGAL DESCRIPTION FOR THE SECOND AMENDMENT TO THE NEWPORT COAST PLANNED COMMUNITY THOSE PORTIONS OF BLOCKS 95, 97, 128 THROUGH 134, 161 THROUGH 167, 180 THROUGH 183 AND 185, IRVINE'S SUBDIVISION, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1, PAGE 88, MISCELLANEOUS RECORD MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL I: Beginning at the most Southerly corner of the "Cameo Highland Annex" to the City of Newport Beach, said corner being the Northeast right -of -way line of Pacific Coast Highway as described in a deed to the State of California recorded May 20, 1931 in Book 487, page 1, Official Records of said County; thence along the boundary of said City of Newport Beach the following described courses: N. 400 30' 20" E., 364.00 feet; 2. N. 260 47' 20" E., 465.00 feet; 3. N. 20 12' 20" E., 387.00 feet; 4. N. 850 00' 40" W., 190.00 feet; 5. N. 710 34' 40" W., 174.00 feet; 6. N. 560 17' 40" W., 53.96 feet; 7. N. 180 25' 20" E., 109.15 feet; 8. N. 490 27' 44" W., 225.00 feet; 9. S. 330 42' 20" W., 132.05 feet; 10. N. 560 17' 40" W., 340.87 feet; 11. N. 590 47' 40" W., 410.00 feet; 12. N. 700 35' 10" W., 271.93 feet; 13. N. 240 45' 00" W., 239.20 feet; Nexporz Coast LCP Second Amendment December 3, 1996 11 -13.1 14. N. 120 45'00" W., 194.77 feet; 15. N. 220 15' 00" W., 406.53 feet; 16. N. 00 45' 00" E., 365.18 feet; 17. N. 060 52' 40" E., 0.76 feet; 18. N. 640 14' 17" W., 301.15 feet; 19. S. 710 33' 38" W., 315.61 feet; 20. N. 780 08' 54" W., 318.10 feet; 21. N. 070 09' 36" E., 64.02 feet; 22. N. 240 58' 36" E., 63.02 feet; 23. N. 640 29' 06" E., 50.07 feet; 24. N. 770 02' 06" E., 151.63 feet; 25. N. 440 39' 56" E., 103.18 feet; 26. S. 720 11' 37" E., 147.46 feet; 27. N. 020 50' 38" E., 166.07 feet; 28. N. 460 00' 28" E., 114.21 feet; 29. S. 690 47' 07" E., 145.87 feet; 30. N. 600 27' 58" E., 156.35 feet; 31. S. 270 34' 37" E., 131.08 feet; 32. N. 890 57' 20" E., 732.55 feet; 33. N. 400 57' 20" E., 1,320.00 feet; 34. N. 240 57' 20" E., 1,680.00 feet; 35. S. 890 02' 40" E., 1,050.00 feet; 36. N. 070 57' 20" E., 852.95 feet: 37. Leaving said boundary, S. 730 59' 15" E., 2,559.23 Feet; 38. S. 890 59' 45" E., 679.33 feet; 39. N. 630 01' 07" E., 190.96 feet; 40. S. 860 27' 21" E., 465.31 feet; 41. N. 790 17' 39" E., 1036.87 feet; 42. N. 870 09' 43" E., 1338.73 feet; 43. N. 760 05' 30" E., 328.20 feet; 44. N. 570 17' 54" E., 446.57 feet; 45. N. 650 01' 42" E., 434.01 feet; Neu pon Coast LCP Second Amendment December 3. 1996 11 -13.2 1 46. N. 860 59' 37" E., 553.17 feet; 47. N. 880 54' 48" E., 863.22 feet; 48. S. 760 08' 53" E., 668.82 feet; 49. S. 780 53' 11" E., 404.48 feet; 50. S. 880 34' 10" E., 1138.42 feet; 51. S. 810 27' 33" E., 968.88 feet; 52. S. 890 21' 53" E., 1984.12 feet; 53. N. 890 07' 46" E., 1316.15 feet; 54. S. 710 07' 11" E., 244.14 feet; 55. S. 460 31' 00" E., 848.19 feet; 56. S. 410 41' 40" E., 538.97 feet; 57. S. 220 14' 31" E., 315.36 feet; 58. S. 380 33' 52" E., 489.32 feet; 59. S. 240 22' 42" E., 331.27 feet; 60. S. 120 44' 41" W., 337.73 feet; 61. S. 340 26' 47" E., 410.92 feet; 62. S. 540 32' 56." E., 526.14 feet; 63. S. 390 06' 59" E., 465.65 feet; 64. S. 660 44' 19" E., 658.40 feet; 65. N. 830 28' 38" E., 326.82 feet; 66. S. 600 08' 12" E., 785.39 feet; 67. S. 680 21' 36" E., 560.20 feet; 68. S. 340 56' 14" E., 457.86 feet; 69. S. 240 59' 11" E., 227.27 feet; 70. S. 620 51' 54" E., 1752.88 feet; 71. S. 640 52' 34" E., 1493.44 feet; 72. S. 600 59' 36" E., 540.25 feet; 73. S. 490 25' 35" E., 871.18 feet; 74. S. 660 26' 24" E., 84.08 feet; 75. S. 640 24' 04" E., 711.68 feet; 76. S. 600 00' 22" E., 513.59 feet; 77. S. 600 24' 52" E., 1287.83 feet to a point in the boundary of the City of Laguna Beach, said point being on a curve concave Easterly, having a radius of 425.00 Newport Coast LCP Second Amendment D=mher 3, 1996 II -13.3 feet, a radial to said curve bears S. 890 29' 46" W.; thence along last said boundary; 78. Southerly, 47.30 feet along said curve, through a central angle of 60 22' 38 "; 79. S. 60 52' 52" E., 264.82 feet; 80. S. 830 11' 34" W., 228.16 feet; 81. S. 60 48' 26" E., 443.29 feet to a curve concave Westerly, having a radius of 345.00 feet; 82. Southerly, 149.93 feet along said curve, through a central angle of 240 54' 00 "; 83. S. 180 05' 34" W., 323.31 feet to a curve concave Easterly, having a radius of 1255.00 feet; 84. Southerly, 142.19 feet along said curve, through a central angle of 60 29' 30 "; 85. S. 110 36' 4" W., 909.28 feet; 86. S. 110 17' 49" W., 1113.97 feet; 87. S. 120 52' 49" W., 385.94 feet to a curve concave Easterly, having a radius of 655.00 feet; 88. Southerly, 258.36 feet along said curve, through a central angle of 220 36' 00 "; 89. S. 90 43' 11" E., 462.58 feet to a curve concave Westerly, having a radius of 145.00 feet; 90. Southerly, 47.78 feet along said curve, through a central angle of 180 52' 45 "; 91. S. 90 09' 34" W., 1981.77 feet to a curve concave Easterly, having a radius o 1255.00 feet; 92. Southerly, 255.54 feet along said curve, through a central angle of 11 ° 40' 00 "; 93. S. 20 30' 26" E., 532.31 feet to a curve concave Northwesterly, having a radius of 195.00 feet; 94. Southwesterly, 261.21 feet along said curve, through a central angle of 760 45' 00" 95. S. 740 14' 34" W., 215.79 feet to a curve concave Northerly, having a radius of 195.00 feet; 96. Westerly, 132.05 feet along said curve, through a central angel of 380 48' 00 "; 97. N. 660 57' 26" W., 248.29 feet to a curve concave Southerly, having a radius of 1155.00 feet; 98. Westerly, 715.71 feet along said curve, through a central angle of 350 30' 15 "; 99. S. 770 32' 19" W., 198.05 feet to a curve concave Southeasterly, having a radius of 555.00 feet; 100. Southwesterly, 227.88 feet along said curve, through a central angle of 230 31' 30 ", Newport Coast LCP Second Amendment December 3. 1996 11 -13.4 101. S. 540 00' 49" W., 350.12 feet to a curve concave Southeasterly, having a radius of 555.00 feet; 102. Southwesterly, 212.42 feet along said curve, through a central angle of 210 55' 45" 103. S. 320 05' 04" W., 238.45 feet; 104. N. 570 54' 56" W., 85.00 feet; 105. S. 320 05' 04" W., 400.00 feet; 106. S. 570 54' 56" E., 85.00 feet; 107. S. 320 05' 04" W., 274.68 feet; 108. S. 570 54' 56" E., 230.00 feet; 109. S. 320 05' 04" W 346.27 feet to a curve concave Easterly, having a radius of 925.00 feet; 110. Southerly, 374.73 feet along said curve, through a central angle of 230 12' 41 "; 111. S. 80 52' 23" W., 583.75 feet to a curve concave Westerly, having a radius of 875.00 feet; 112. Southerly, 184.42 feet along said curve, through a central angle of 120 04' 34 "; 113. S. 200 56' 57" W., 68.73 feet; 114. N. 690 03' 03" W., 60.00 feet; 115• S. 200 56' 57" W., 300.28 feet to a curve concave Northwesterly, having a radius of 2945.00 feet; 116. Southwesterly, 20.00 feet along said curve, through a central angle of 00 23' 21 117. N. 680 39' 42" W., 70.00 feet radial to said curve; 118. S. 350 58' 04" W., 129.75 feet; 119. S. 660 07' 57" E., 100.00 feet radial to last said curve, to the Southwesterly prolongation of said curve; 120. Southwesterly, 144.78 feet along last said curve, through a central angle of 20 49' 00" 121. S. 370 58' 01" W., 681.41 feet; 122. S. 390 22' 40" W., 384.76 feet; 123. S. 470 37' 27" W 803.58 feet; 124. S. 550 35' 41" W., 252.44 feet; 125. S. 420 47' 6" W., 395.44 feet; 126. S. 360 16' 46" W., 395.53 feet; 127. N. 590 13' 57" W., 90.00 feet to a curve concave Southerly, having a radius of 120.00 feet; Nn yon CoasE LCP Smond Ammdmmt Decembe, 3. 1996 II -13.5 128. Westerly, 83.78 feet along said curve, through a central angle of 40° 00' 00 "; 129. S. 800 46' 03" W., 106.00 feet to a curve concave Southeasterly, having a radius of 105.00 feet; 130. Southwesterly, 48.87 feet along said curve, through a central angle of 26° 40' 00" to a reverse curve concave Northwesterly, having a radius of 110.00 feet; 131. Northwesterly, 255.16 feet along said curve, through a central angle of 1320 54' 19 ", 132. Non - tangent to said curve, N., 12° 52' 23" E., 523.10 feet; 133. N. 00 05' 03" E., 243.70 feet; 134. N. 250 54' 57" W., 540.93 feet; 135. S. 560 05' 03" W., 295.13 feet; 136. S. 890 03' 33" W., 246.11 feet; 137. S. 00 31' 43" W., 160.00 feet; 138. S. 680 01' 27" E., 320.35 feet; 139. S. 50 53' 57" E., 222.62 feet; 140. S. 270 57' 43" W., 515.46 feet; 141. N. 490 32' 17" W., 198.04 feet; 142. S. 400 31' 43" W., 543.84 feet; 143. N. 560 21' 01" W., 148.13 feet; 144. N. 490 28' 17" W., 265.40 feet; 145. S. 810 20' 43" W., 131.76 feet; 146. N. 490 28' 17" W., 1480.30 feet; 147. S. 400 46' 43" W., 1180.11 feet; 148. N. 530 23' 21" W., 22.86 feet; 149. N. 670 03' 17" W., 36.00 feet to a point of cusp with a curve concave Northwesterly, having a radius of 179.88 feet, a radial to said curve bears S. 670 03' 17" E; 150. Southwesterly, 57.32 feet along said curve, through a central angle of 180 15' 33" to the beginning of a non - tangent curve concave Southeasterly, having a radius of 30.00 feet, a radial to said curve bears N. 29° 50' 31" E; 151. Southwesterly, 73.84 feet along said curve, through a central angle of 1410 01' 29" to the beginning of a reverse curve concave Westerly, having a radius of 15.00 feet; 152. Southerly, 16.66 feet along said curve, through a central angle of 630 38' 11" to the Southwest line of said Block 183; Newport Coast LCP Second A mdmmt December 3. 1996 11 -13.6 153. Along said Southwest line and said boundary of the City of Laguna Beach, N. 49° 28' 17" W., 55 1. 10 feet; 154. Leaving said Southwest Block line, N. 24° 51' 03" W., 79.61 feet; 155. N. 00 55' 17" W., 40.00 feet; 156. S. 890 04' 43" W., 95.39 feet to said Southwest Block line; 157. Along said Southwest line, N. 490 28'17" W., 2133.40 feet to the West corner of said Block 183. 158. Leaving said City boundary, N. 490 28' 13" W., 2597.84 feet along the Northeast line of said Block 164, being in part the Northeast line of Tract No. 3125 as per map filed in Book 98, pages 9 through 11, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, to the most Northerly corner of said Tract; 159. Along the Northwest line of said Tract, S. 400 30' 55" W., 1167.32 feet, to an angle point in the boundary of the "Cameo Cove Annexation" to the City of Laguna Beach; 160. Along said boundary, N. 530 23' 40" W., 672.23 feet; 161. N. 620 03' 40" W., 1009.13 feet; 162. S. 270 56' 20" W., 700.00 feet, to the Northeasterly right -of -way line of said Pacific Coast Highway; 163. Leaving said boundary, traversing along said right -of -way line, N. 620 03' 40" W., 88.01 feet to a curve concave Northeasterly, having a radius of 1450.00 feet; 164. Northwesterly, 612.86 feet along said curve, through a central angle of 240 13' 00 "; 165. N. 370 50' 40" W., 445.69 feet to a curve concave Southwesterly, having a radius of 2050.00 feet; 166. Northwesterly, 374.79 feet along said curve, through a central angle of 100 28' 30 "; 167. N. 480 19' 10" W., 1097.18 feet to a curve concave Northeasterly, having a radius of 1450.00 feet; 168. Northwesterly, 383.83 feet along said curve, through a central angle of 150 10' 00 "; 169. N. 330 09' 10" W., 119.30 feet to a curve concave Southwesterly, having a radius of 1550.00 feet; 170. Northwesterly, 518.96 feet along said curve, through a central angle of 19° 11' 00 "; 171. N. 520 20' 10" W., 2498.67 feet to a curve concave Northeasterly, having a radius of 4950.00 feet; 172. Northwesterly, 679.63 feet along said curve, through a central angle of 70 52' 00 "; Newport Coast LCP Second Amendment December 3. 1996 11 -13.7 173. N. 440 28' 10" W., 1966.20 feet to a curve concave Northeasterly, having a 1 radius of 1950.00 feet; 174. Northwesterly, 856.24 feet along said curve, through a central angle of 250 09' 30";: 175. N. 190 18' 40" W., 399.81 feet to a curve concave Southwesterly, having a .T- radius of 2050.00 feet; 176. Northwesterly, 1079.94 feet along said curve, through a central angle of 300 11' 00 "; F' 177. N. 490 29' 40" W., 5467.56 feet to the point of beginning. t.. Containing 9156.1 acres, more or less. PARCEL 2: Those portions of said Blocks 131 and 164 lying Southwesterly of the Pacific Coast Highway 100.00 feet wide, as described in a deed to the State of California, recorded May 20, 1931 in Book 487, Page 1, said Official Records, and being bounded on the Southwest by the line of Ordinary High Tide of the Pacific Ocean, on the Southeast by the Northwesterly boundary of the land described in a deed to the Irvine Cove Community Association recorded July 5, 1974 in Book 11189, Page 1323 of Official Records of said County and the Northerly line of Tract 4655, per the map filed in Book 192, Pages 1 through 3, inclusive, of Miscellaneous Maps, records of said County, and on the Northwesterly by the Northwest line of said Block 131, said Parcel being more particularly described by the following two (2) Parcels: PARCEL 2A Being all of that Parcel shown within the distinctive border line,on the map of Tract No. 14063, filed in book 670, pages 23 through 29, inclusive, of Miscellaneous Maps, records of said County, and more particularly described as follows: Beginning at the most Northerly corner of said Tract No. 14063, on said Southwesterly line, Pacific Coast Highway; Newpoa Coast LCP Second Amendment December 3. 1996 11-13.8 Thence, along said Southwesterly line, the following three (3) courses: 1. S. 570 39' 44" E., 14.43 feet to the beginning of a curve concave Southwesterly, having a radius of 1950.00 feet; 2. Southeasterly, 277.98 feet along said curve, through a central angle of 08° 10' 04 ", and; 3. S. 490 29' 40" E., 800.00 feet; Thence, leaving said southwesterly line and continuing along said distinctive border line, the following sixteen (16) courses: 1. S. 400 30' 20" W., 722.85 feet; 2. S. 150 09' 40" W., 320.64 feet; 3. S. 390 40' 04" W., 617.07 feet; 4. N. 510 31' 11" W., 9.73 feet; 5. S. 610 06' 48" W., 59.78 feet; 6. N. 740 29' 51" W., 156.61 feet; 7. N. 550 14' 39" W., 73.02 feet; 8. N. 150 04' 06" W., 75.69 feet; 9. N. 740 21' 28" W., 56.34 feet; 10. S. 730 01' 02" W., 64.35 feet; 11. N. 630 26' 06" W., 168.74 feet; 12. N. 810 09' 29" W., 121.10 feet; 13. S. 850 25' 34" W., 176.97 feet; 14. N. 340 18' 12" W., 165.76 feet; 15. N. 650 52' 44" W., 63.74 feet, and; 16. N. 770 46' 30" W., 264.79 feet to the Northwesterly line of said Block 131, as shown on the Map of Record of Survey 83 -1105, filed in Book 108, pages 37 through 40, inclusive, of Records of Survey, records of said County; Thence, along said Northwesterly line, N. 400 33' 07" E., 2102.29 feet to the point of beginning. Containing, 50.56 acres, more or less. Ne.pon Coas[ LCP Second Amndmm Dec=bv 3, 1996 II -13.9 PARCEL 2B Beginning at the intersection of the line of ordinary high tide with the Northerly line of Tract No. 4655 as shown on the map filed in Book 192, pages 1 through 3, inclusive, of Miscellaneous Maps, of said records; Thence, along said Northerly line of said Tract No. 4655, the following eight (8) courses: 1. S. 750 08' 40" E., 45.00 feet; 2. N. 700 51' 20" E., 30.00 feet; 3. S. 730 08' 40" E., 30.00 feet; 4. S. 460 38' 40" E., 60.00 feet; 5. S. 660 53' 40" E., 50.00 feet; 6. N. 880 06' 20" E., 35.00 feet; 7. N. 600 15' 00" E., 20.00 feet, and; 8. S. 860 18' 40" E., 40.00 feet to an angle point in the Northwesterly line-of the land described in said deed to the Irvine Cove Community Association. Thence, along said Northwesterly line, the following two (2) courses: 1. N. 570 37' 00" E., 262.64 feet, and; 2. N. 760 31' 20" E., 236.91 feet to a point of cusp on a non - tangent curve concave Northeasterly, and being on the said Southwesterly line of the Pacific Coast Highway, having a radius of 1,550.00 feet, a radial line through said point bears S. 32° 52' 05" W.; Thence, traversing along the said Southwesterly line, Pacific Coast Highway, the following fourteen (14) courses: 1. Northeasterly, 521.78 feet along said curve, through a central angle of 19° 17' 15 ", 2. N. 370 50' 40" W., 445.69 feet to the beginning of a curve concave Southwesterly, having a radius of 1,950.00 feet; 3. Northwesterly, 356.51 feet along said curve, through a central angle of 10° 28' 30 ", Newport Coast LCP Second Amendment December 3. 1996 11 -13.10 4. N. 480 19' 10" W., 1,097.18 feet to the beginning of a curve concave Northeasterly, having a radius of 1,550.00 feet; 5. Northwesterly, 410.30 feet along said curve, through a central angle of 150 10' 00 ", 6. N. 330 09' 10" W., 119.30 feet to the beginning of a curve concave Southwesterly, having a radius of 1,450.00 feet; 7. Northwesterly, 485.48 feet along said curve, through a central angle of 19° 11' 00 ", 8. N. 520 20' 10" W., 2,498.67 feet to the beginning of a curve concave Northeasterly, having a radius of 5,050.00 feet; 9. Northwesterly, 693.36 feet along said curve, through a central angle of 070 52' 00 ", 10. N. 440 28' 10" W., 1,966.20 feet to the beginning of a curve concave Northeasterly, having a radius of 2,050.00 feet; 11. Northwesterly, 900.15 feet along said curve, through a central angle of 250 09' 30 ", 12. N. 190 18' 40" W., 399.81 feet to the beginning of a curve concave Southwesterly, having a radius of 1,950.00 feet; 13. Northwesterly, 1,027.26 feet along said curve, through a central angle of 300 11' 00 ", and; 14. N. 490 29' 40" W., 4,997.56 feet to the most Easterly corner of said Tract No. 14063, on said Northwesterly line, Pacific Coast Highway. Thence, leaving said Southwesterly line and traversing along the Southeasterly and Southwesterly lines of said Tract No. 14063, the following sixteen (16) courses: S. 400 30' 20" W., 722.85 feet; 2. S. 150 09' 40" W., 320.64 feet; 3. S. 390 40' 04" W., 617.07 feet; 4. N. 510 31' 11" W., 9.73 feet; 5. S. 610 06' 48" W., 59.78 feet; 6. N. 740 29' 51" W., 156.61 feet; 7. N. 550 14' 39" W., 73.02 feet; 8. N. 150 04' 06" W., 75.69 feet; 9. N. 740 21' 28" W., 56.34 feet; 10. S. 730 02' 02" W., 64.35 feet; Newport Coas[ LCP Second A cndmem December 3. 1996 11 -13.11 11. N. 630 26' 06" W., 168.74 feet; 12. N. 810 09' 29" W., 121.10 feet; 13. S. 850 25' 34" W., 176.97 feet; 14. N. 340 18' 12" W., 165.76 feet; 15. N. 650 52' 44" W., 63.74 feet, and; 16. N. 770 46' 30" W., 264.79 feet to the Northwesterly line of said Block 131, as shown on said Map of Record of Survey 83 -1105. Thence, along said Northwesterly line, Block 131, S. 40° 33' 07" W., 100.00 feet to the line of ordinary high tide; Thence, along said ordinary high tide to the point of beginning. Containing, 287 acres, more or less. This description is prepared for agreement purposes only and may not be used for or in documents for, the conveyance of land. LAND SUS A. � SII.^.FFcQ is Eugene A. Shaffer, L.S. 4 4 ,r�9t LS 4644 F\Q My License Expires September 30, 1998 c 01- CA's \`.� January 19, 1995 Revised September 27, 1995 Revised November 15, 1995 Revised January 25, 1996 Revised October 29, 1996 11887.02 (003) Ncapon Coast LCP Second Amendment Decembtt 3. 1996 11 -13.12 11 11 f� _ lit LI H LL T Note: Newport.Coast Drive, formerly known as Pelican Hill Road, was approved by the County of Orange and opened officially on November 13, 1991. �.,�•q�•tb�WVf il`f'1 rPf�H►�/) 15t. rF `i�'vt4.J Gc c al`v��� c v ifSSii�aa as v�J.r G PROFESSIONAL ENGINEERS, PLANNERS& SURVEYORS P.O.BOX19739. 14725 ALTON PARKWAY, IRVINE, CALIFORNIA92718 (714) 472 -3505 Exhibit L . 4 NEWPORT RIDGE PLANNED COMMUNITY Planned Community Program County of Orange CALIFORNIA Adopted by Orange County Board of Supervisors March 1998 Newport Ridge Planned Coaunity County of orange California The Planned Community (PC) Text (Chapters I -XIII) of this PC Program constitutes the land use regulations under which development will be governed for the 695 - acre area hereinafter referred to as the Newport Ridge Planned Community. The property involved was placed in the PC "Planned Community" District by Ordinance No. 98 -3 as adopted by the Orange County Board of Supervisors on March 17, 1998 (ZC 97 -9). The PC Text, Zoning Map and Statistical Summary (Appendix A) were adopted by the Board of Supervisors as part of Ordinance No. 98 -3• Appendices B and C of this PC Program were also considered and made part of all public hearings on this matter, and were adopted by Resolution Nos. 98 -87 and 98 -88 of the Board of Supervisors on March 17, 1998. certification I hereby certify that: 1. This Planned Community Text and Appendix A, which will regulate the development of the Orange County Planning Commission on February 11, 1998 and adopted by Ordinance No. 98 -3 of the Orange County Board of Supervisors on March 17, 19.98; and 2. Appendices B and C were approved by the Orange County Planning Commission on February 11, 1998 and adopted by Resolution Nos. 98 -87 and 98 -88 of the Board of Supervisors on March 17, 1998. Oraii4e County Planning ommission By Thomas B. Mathews, Director of Planning Planning and Development Services Department Darlene J. Bloom Of �LPFRp�,,. Clerk of the Board of Supervisors •' SO,p County of Orange �,' '' •''r' - _ti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 098 -3 AN ORDINANCE OF THE COUNTY OF ORANGE, CALIFORNIA, ADOPTED PURSUANT TO STATE PLANNING AND ZONING LAW, REZONING CERTAIN LAND FROM THE Al "GENERAL \ AGRICULTURAL" DISTRICT TO THE "PLANNED COMMUNITY" (PC) DISTRICT (NEWPORT RIDGE PLANNED COMMUNITY formerly SAN JOAQUIN HILLS) AND ADOPTING REVISED STATISTICAL SUMMARY AND REVISED PC TEXT (REGULATIONS AND PROCEDURES) FOR THE NEWPORT RIDGE PLANNED COMMUNITY, IN ACCORDANCE WITH THE COMPREHENSIVE ZONING CODE OF ORANGE COUNTY. (ZC 97 -4) The Board of Supervisors of the County of Orange, California, ordains as follows: SECTION 1. The Orange County Zoning Maps are hereby amended in accordance with section 7 -9 -48, 7 -9 -49, and 7 -9 -155 of the Codified Ordinances of the County of Orange by rezoning certain land from the Al, "General Agricultural" District to the PC, "Planned Community" District per Zone Change 97 -4 as shown in Exhibit 1. SECTION 2. The Statistical Summary /Zoning Map and P.C. Text (Land Use regulations and Procedures) contained in the Planned Community Program for the Newport Ridge (San Joaquin Hills) Planned Community, adopted by Ordinance 3931 on March 21, 1995, is hereby amended per Zone Change 97 -4 as shown in Exhibit 1 and 2. -1- 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after the passage thereof, shall be published once in the Orange County Reporter, a newspaper published in the County or Orange,State of California, together with the names of the members of the Board of Supervisors voting for or against the same. Chairman of the Board of Supervisors of Orange County, California SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD (SEAL) DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California STATE OF CALIFORNIA ) ea. COUNTY OF ORANGE ) I, DARLENE J. BLOOM, Clerk of the Board of Supervisors, do hereby certify that at a regular meeting �ofTthe Board Sup rvisors of Orange i i County, California, held on the of ftday of r , 1998, the foregoing ordinance containing three (3) sections was passed and adopted by the following vote: AYES: SUPERVISORS: Thomas W. Wilson, Todd Spitzer, Charles V. Smith William G. Steiner and James W. Silva NOES: SUPERVISORS ABSENT: SUPERVISORS IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the Boar� ^ *1 day of the County of Orange, State of California ,this L day of fr)r, 1998. DARLENE J. BLOOM (SEAL) Clerk of the Board of Supervisors of Orange County, California -2- a w w U �. dF u� m M N Is S F: 1-1 ICI ;` ;y,•�-�ta Z LIJ I a H fm A �e i zz A Y�3 gw V O O n" Q 0 w n w cal ' C:03 L Q z ga A �e i �n Z €4 ,° ON IT 4�g U sg3 s O Np I u 3�� ¢ g s I; 1 �e / I / I i � I 0 i � I J R m y - -1 I j �n Z €4 ,° ON IT 4�g U sg3 s O Np I u 3�� ¢ g s I; 1 �e � I y - -1 Z 3E.Ee CQ OJ pU g i�aC•" WF- 4? s •c 8 & €fie e S � 'sse 3c `,Se• �n Z €4 ,° ON IT 4�g U sg3 s O Np I u 3�� ¢ g s I; 1 �e 1 2 RESOLUTION OF THE BOARD OF SUPERVISORS 3 ORANGE COUNTY, CALIFORNIA 4 March 17, 1998 5 On the motion of Supervisor Wilson, duly seconded and carried, the following Resolution was adopted: 6 WHEREAS, pursuant to California Government Code 65000 et. seq. the 7 County of Orange has an adopted General Plan which meets all the requirements of State Planning and Zoning Law; and 8 9 WHEREAS, pursuant to State Planning and Zoning Law, this Board has reviewed General Plan Amendment 1998 -1 (LUE 98 -1) for the proposed 10 San Joaquin Hills (Newport Ridge) Planned Community and technical refinements reflecting the annexations of Lower Peters Canyon (City 11 of Irvine), Northwood Point (City of Irvine) and Foothill -Aliso (City of Lake Forest), Zone Change (ZC 98 -1) and Community Profile 12 Amendment (CP 98 -1); and 13 WHEREAS, in compliance with said laws, legally- noticed public hearings were held by the Planning Commission on the Land Use 14 Element Amendment including technical refinements, Zone Change and Community Profile Amendment for San Joaquin Hills (Newport Ridge) 15 Planned Community on January 27, 1998 and February 11, 1998; and 16 WHEREAS in compliance with said laws, a legally- noticed public hearing was held by the Board of Supervisors on Land Use Element LU 17 98 -1 and attendant Community Profile Amendment CPA 98 -1 and Zone Change ZC 98 -1 and an ordinance of the County of Orange, California, 18 adopted pursuant to State Planning and Zoning Law, re- zoning certain land from the Al °General Agricultural' District to the (P.C.) 19 ~Planned Community' District (Newport Ridge Planned Community) and adopting the revised statistical summary and revised P.C. text 20 (regulations and procedures) for the San Joaquin Hills (Newport Ridge) Planned Community, in accordance with the Comprehensive 21 Zoning Code of Orange County (ZC 98 -1) on March 17, 1998; and 22 WHEREAS, Final Environmental Impact Reports FEIRs 517 and 544A (including separate Responses to Comments, CEQA Resolutions which 23 incorporate a Statement of Findings and Facts, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting 24 Programs) were certified on February 26, 1991 and June 27, 1995 respectively, each prepared for the San Joaquin Hills (Newport 25 Ridge) Planned Community; and 26 WHEREAS, on May 28, 1996, the City of Irvine certified the Environmental Impact Report for Planning Area 26B (proposed Planning 27 Area 22) in LU 98 -1, ZC 98 -1 and CPA 98 -1 as complete and adequate in compliance with CEQA, adopting the Statement of Findings and 28 Facts in Support Thereof; and Resolution No. 98 -87 'D:ep San Joaquin Hills Planned Community El Fy U 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 2i 28 WHEREAS, the Board of Supervisors has adopted a resolution certifying the City of Irvine's Final EIR along with Addendum I for Planning Area 22. The Board has found that, together, these two documents provide adequate CEQA documentation for the project under the provisions of the California Environmental Quality Act and the County of Orange Procedures. In this adoption, the Board has included Findings and Facts in Support of Findings for the potentially significant effects of Planning Area 22. Ali environmental effects can feasibly be avoided or mitigated and wi11 be avoided or mitigated by the imposition of the mitigation measures in the Final EIR incorporated herein by this reference as if set forth in full and as described in the statement of Findings ara Facts attached hereto; and WHEREAS, in compliance with the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Administrative Code Sections 15000 et seq.) Addendum /Initial Studies Nos. PA 970160 and Addendum I to the City of Irvine's FEIR for PA 26B have been prepared to evaluate the potential adverse environmental effects of LUE 98 -1, ZC 98 -1, and CP 98 -1. Both are Addenda to FEIR 517 for the San Joaquin Hills Planned Community. NOW THEREFORE, BE IT RESOLVED that this Board: Finds that the Orange County Board of Supervisors considered Planning Application 970160 and Initial Studies/ Addendums PAs 970160 and Addendum I to the City of Irvine's FEIR for PA 26B. 2. Finds that Initial Studies /Addendum Nos. 970160 and Addendum I to the City of Irvine's FEIR for PA 26B were considered prior to approval of the project and determined to adequately address all potential adverse environmental impacts of the proposed project and meet all the requirements of CEQA and the State CEQA Guidelines. 3. Finds that pursuant to Section 711.4 of the California Fish and Game Code, this project is exempt from the required fees as it has been determined that no adverse impacts to wildlife resources will result from the project. 4. Finds that the proposed project will not have a significant unmitigated _ upon Coastal Sage Scrub habitat and, therefore, ill not preclude the ability to prepare an effective subregional Natural Communities Conservation Planning (NCCP) Program. Intends to adopt the draft ordinance prepared for ZC 98 -1, and CP 98 -1. BE IT FURTHER RESOLVED THAT this Board finds that the various uses authorized by the San Joaquin Hills (Newport Ridge) Planned -2- I Community portion of Land Use Element Amendment LUE 98 -1 are 2 compatible with the objectives, policies, general land uses and programs specified in the Orange County General Plan, adopted 3 pursuant to the State Planning and Zoning Law in that the land uses conform witli the General Plan land use categories, reflect current 4 site conditions, are compatible with appropriate balance o* residential densities, community commercial and open space uses. 5 BE IT FURTHER RESOLVED THAT this Board finds that various uses 6 authorized by the San Joaquin Hills Planned Community portion of Land Use Element Amendment LUE 98 -1 are compatible with the 7 objectives, policies, general land uses and programs specified in the Orange County General Plan, adopted pursuant to the State 8 Planning and Zoning Law in that the land uses conform with the General Plan land use categories, reflect current site conditions, 9 are compatible with appropriate balance of residential densities, 10 community commercial and open space uses. BE IT FURTHER RESOLVED THAT this Board finds that revisions to the 11 Planned Community boundary, subject to the conditions approved and recommended herein, are consistent with the provisions of the Orange 12 County Zoning Code in that the proposed zoning of the site as a PC "Planned Community" District is consistent with the purpose, intent, 13 and provisions of the Orange County Zoning Code, and includes the revised specified PC Text, Statistical Summary, PC Zoning/ Sectional 14 District Map, PC Development Map, and other components and standards 15 required for the proper development and land use regulation of the Planned Community and that the revisions to the Planned Community boundary, subject to the conditions approved and recommended herein, 16 are consistent with the Orange County General Plan, as amended. 17 BE IT FURTHER RESOLVED THAT this Board has considered Final EIR 517, certified on February 26, 1991 and Final EIR 544A certified 18 June 27, 1995, and Addendum I to the City of Irvine's Final EIR for the PA 26B Zone Change, certified May 28, 1991, and Addendum /Initial 19 Study No. PA 970160 prior to project approval. Together they are 20 approved for the proposed project based upon the following findings: a. Together, these documents have been completed in compliance 21 with CEQA. and are adequate to satisfy the requirements of CEQA by the decision - maker; 22 b. The minor technical additions, clarifications and /or changes 23 to the original document caused by the Addenda, do not raise new significant environmental effects or present new 24 information of substantial importance regarding new significant environmental effects, mitigation measures or new 25 alternatives which were not addressed by the EIR; and 26 c. The approval of the EIR and Addenda for the proposed project 27 reflect the independent judgement of the Lead Agency. 28 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 27 28 BE IT FURTHER RESOLVED THAT this Board finds that pursuant to Section 711.4 of the California Fish and Game Code, this project is exempt from the required fees as it has been determined that no adverse impacts to wildlife resources will result from the project. BE IT FURTHER RESOLVED THAT this Board finds that the proposed project will not have a significant unmitigated impact upon Coastal Sage Scrub habitat and, therefore, will not preclude the ability to prepare an effective subregional Natural Communities Conservation Planning (NCCP) Program. BE IT FURTHER RESOLVED THAT this Board finds that the approval of the San Joaquin Hills (Newport Ridge) Planned Community revision will not result in new conditions or circumstances that will be contrary to the public health and safety and the general welfare. BE IT FURTHER RESOLVED THAT the maximum number of dwelling units permitted by the San Joaquin Hills (Newport Ridge) Planned Community shall not exceed 2,550 dwelling units and that the maximum commercial intensity shall not exceed 155,000 square feet. BE IT FURTHER RESOLVED THAT if any of the amendments are, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining portions of this Resolution. The Board of Supervisors hereby declares that they would have enacted these amendments and each portion of these amendments irrespective of the fact that one or more portions may be declared invalid or ineffective. BE IT FURTHER RESOLVED THAT this Board finds: 1. County Requirements are being met as follows: a. General Plan - The use or project proposed is consistent with the objectives, policies and general land uses and programs specified in the General Plan. b. Zoning Code - The use, activity or improvements proposed, T11 to the specified conditions, is consistent with the provisions of the Zoning Code. C. CEQA - The approval of LUZ 98 -1, ZC 98 -1, and CP 98 -1 is in compliance with the requirements of the California Environmental Quality Act. d. Compatibility - The location, size, design and operating characteristics of the proposed use will not create significant noise, traffic or other conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses in the vicinity. -4- El W 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 V 2' 28 e. General Welfare - The application will not result conditions or circumstances contrary to the public health and safety and the general welfare. litigation Monitoring - The Board of Supervisors finds that the monitoring requirements of California Public Resources Code Section 21081.6 (AB 3180) have been met in that the design of the San Joaquin Hills (Newport Ridge) Planned Community project, the satisfaction of the requirements of the County's Building Code, Grading and Excavation Code, Fire Code, Subdivision Code, Sign Code and other codes and ordinances, and the satisfaction of the conditions of approval applied to this project further detail and will implement the mitigation measures indicated in the Mitigation Monitoring and Reporting Program contained in FEIR 517 and confirmed in Addendum/ Initial Study Nos. PA 970160 and Addendum I to the City of Irvine's FEIR for PA 26B. Based on the information and analysis contained in FEIR 517, FEIR 544A, Addendum I to the City of Irvine's FEIR for the PA 26B Zone Change, and confirmed in Addendum/ Initial Study Nos. PA 970160 and Addendum I to the City of Irvine's FEIR for PA 26B, the project will have no new significant adverse environmental effects beyond those identified, mitigated, or for which overriding considerations were adopted in connection with previous environmental documentation prepared for the San Joaquin Hills Planned Community and are incorporated herein by reference as though fully set forth. BE IT FURTHER RESOLVED THAT the conditions adopted herein are reasonably related to the use of the property and necessary for appropriate development, and are compatible with the objectives, policies, general land use and programs specified be the General Plan, adopted pursuant to State Planning and Zoning Law. BE IT FURTHER RESOLVED THAT this Board adopts the Land Use Element Map Revisions of LUE 98 -1 including the technical refinements reflecting the annexations of Lower Peters Canyon (City of Irvine), Northwood Point (City of Irvine), and Foothill -A1iso (City of Lake Forest) (Exhibit 1), Community Profile Amendment 98 -1 (Exhibit 2), the San Joaquin Hills (Newport Ridge) Planned Community Development Map, and the San Joaquin Hills (Newport Ridge) Planned Community Statistical Table subject to the following 61 conditions of approval (Attachment A). -5- 0 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACEMENT A CONDITIONS OF APPROVAL 1. LP NA NA 1 /Basic This approval constitutes approval of the proposed project only to the extent that the project complies with the Orange County Zoning Code and any other applicable zoning regulations, Approval does not include any action or finding as to compliance of approval of the project regarding any other applicable ordinance, regulation or requirement. 2. LP NA NA 2 /Basic Failure to abide by and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by the Orange County Board of Supervisors. GRADING 3. G1 GEOLOGY RPT DS DS G GEOLOGY RPT Prior to the issuance of a grading permit, the applicant shall submit a geotechnical report to the Manager, Development Services Division, for approval. The report shall include the information and be in a form as required by the Grading Manual. 4. G2 GEOLOGY DS DS G GRADING DEVIATION Prior to issuance of any grading permits, if review of the grading plan for this property by the Manager, Development Services Division, indicates significant deviation from the proposed grading illustrated on the approved tentative tract map, specifically with regard to slope heights, slope ratios, and pad elevations and configuration, the plan shall be reviewed by. the Subdivision Committee for a finding of substantial conformance. Failure to achieve such a finding will require processing a revised tentative tract map; or, if a final tract /parcel map has been recorded, a new tentative tract /parcel map or a site development permit application per Orange County:'Zoning Code Section 7 -9 -139 and 7 -9 -150. ATTACMJr=IT .. CONDITIONS OF APPROVAL 1 S. G3 GRADED AREAS ADJACENT TO PARKS /OPEN SPACE 2 _ HP HP GR GRADING ADJ PRK 3 Prior to the recordation of the first final tract /parcel map or issuance- of the first grading permit for projects located 4 immediately adjacent to or including portions of regional parks and significant open space corridors, the developer shall 5 provide evidence to the Manager, Development Services Division, in consultation with the Manager, Harbors, Beaches, 6 Parks /Program Planning Division, that graded areas adjacent to or within parks and open space will be compatible with natural 7 land characteristics of the park and open space areas. Treatment to achieve the desired effect shall include: 8 a. Smooth and gradual transition between graded slopes and 91 existing grades within the park and open space areas using variable slopes ratios (2:1 -4:1); 10 b. Urban Edge Treatment /Landscaping Plan(s) for all graded 11 areas adjacent to open space; and 12 C. Incorporating architectural and design techniques into the project in order to enhance off -site views attained 13 from with parks and significant open space. 14 6. I1 INDEMNIFICATION RESPONSIBILITY 15 SD SD R INDEMNIFICATION Landowner shall defend at his /her sole expense any action 16 brought against the County because of issuance of this permit or, in the alternative, the relinquishment of such permit. 17 Landowner will reimburse the County for any court costs and attorney's fees which the County may be required by a court to 18 pay as a result of such action. County may, at its sole discretion, participate in the defense of any such action, but 19 such participation shall not relieve landowner of his /her obligations under this condition. 20 GROWTH MANAGEMENT 21 22 7. T10 GROWTH MANAGEMENT (FIFTH DISTRICT) TP CP RB GROWTH MANAG 23 Building permit issuance shall be phased in accordance with any Board of Supervisors approved growth management phasing plan 24 pertaining to the timely provision of public services and facilities. A valid Board of Supervisors approved development 25 agreement pertaining to the property which includes a development phasing plan shall satisfy the requirements of this 26 condition. This condition shall be noted on the final man. 27 28 -2- 2 0 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT A CONDITIONS OF APPROVAL NOISE N10 CONSTRUCTION NOISE DS DS G CONST NOISE Prior to the issuance of any grading permits, the applicant shall produce evidence on the grading plan acceptable to the Manager, EMA Development Services Division, that: a. All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with properly operating and maintained mufflers. b. All operations shall comply with Orange County Codified Ordinance Division 6 (Noise Control). C. Stockpiling and /or vehicle staging areas shall be located as far as practicable from residential dwellings. Notations in the above format, appropriately numbered and included with other notations on the front sheet of grading plans, shall be considered as adequate evidence of compliance with this condition. SPECIAL CONDITIONS ANNUAL MONITORING REPORT SPECIAL 9. An Annual Monitoring Report (AMR) shall be prepared and submitted annually to the County Administrative Office Monitoring /Forecast Services Division and the Environmental Management Agency /Advance Planning Division. The submittal of an AMR is required for conformance with the Growth Management Program of the Land Use Element of the Orange County General Plan and the County's Annual Development Monitoring Program (DMP). The Board of Supervisors, in the annual adoption of the Development 'Monitoring Program, may identify a significant imbalance between development projections and planned infrastructure or in the proportionate development of residential, commercial and employment land uses. The Board of Supervisors may then defer subdivisions approvals within the Planned Community until approaches capable of resolving imbalances are proposed to and approved by the Board of Supervisors. The AMR shall be the landowner's opportunity to demonstrate mitigation measures and implementation strategies which shall ensure adequate infrastructure for the Planned Community. -3- El 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2_' 2E Y 2E ATTAC11DL.N1' A CONDITIONS OF APPROVAL SPECIAL 10. Prior to submission of a petition or a resolution of application for annexation of the subject property to a city or prior to consent by the landowner to annexation by a city, the landowner shall obtain the approval by the Board of Supervisors of an agreement demonstrating how the conditions of approval and the requirements of the Annual Monitoring Report, if any, shall be satisfied. This agreement shall ensure compliance. LANDFORM /TOPOGRAPHY SPECIAL 11. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Regulation, which indicates that graded areas shall be compatible with natural landform characteristics. Criteria to achieve the desired effect may include: a. Recontouring the existing landforms to provide a smooth and gradual transition between graded slopes and existing grade, while preserving the basic topographic character of the existing site; b. Variation and combination of slopes 2:1, 3:1 and 4:1 to create a more natural character wherever possible within the graded areas; and C. Obscuring slope drainage structures with a variety of plant materials. Designing cross gutters on terraced slopes that avoid a rigid engineering appearance. GEOLOGY /SOILS SPECIAL 12. Prior to the issuance of any grading permit, the developer shall submit a soils engineering and geologic study to the Manager, EMA Development Services Division, for approval. This report shall include assessment of potential soil related constraints and hazards such as slope instability, settlement, liquefaction, or related secondary seismic impacts where deter- mined to be appropriate by the Manager, EMA Development Servic- es Division. The report also shall include evaluation of potentially expansive soil and recommended construction procedures andlor design criteria to minimize their effect of these soils on the proposed development. More specifically, the report shall address the following topics: a. Settlement. Locations where settlement is encountered shall be removed and recompacted to provide better sup- port. -4- 2 0 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2! 2E 21 28 ATTACHMENT .. CONDITIONS OF APPROVAL b. Seismic Shaking. Compliance with the Orange County Grading Ordinance and the current Uniform Building Code shall be required to mitigate the potential effects from seismic shaking on wood frame structures. C. Landslides. Mitigation measures identified in EIR 517, Table 4.2.B, which address specific landslides, shall be verified in the above required soils /geologic report. Any required off -site remedial grading and associated impacts shall be addressed in construction level environmental documents for the project. d. Compressible Materials. Locations where compressible materials are encountered should be removed and recompacted in place, if feasible. If, due to the depth of the compressible materials in certain locations, removal/ recompaction is not feasible, then surcharge fills, monitoring and construction of sand drains shall be required. e. Expansive Soils. Where expansive soils are encountered, these soils shall be uniformly distributed over the project site. Extra reinforcement, pre- soaking of the subgrade, and with proper foundation design (i.e., compliance with Uniform Building Code and Orange County Grading Ordinance) may be required. f. Rippability. In locations where harder earth and rock materials are noted and difficult ripping may be encountered, a geophysical survey shall be required to identify areas requiring blasting. All reports shall be completed in the manner specified in the Orange County Grading Manual and State Subdivision Map Act and County Subdivision Ordinance. HYDROLOGY SPECIAL 13. Prior to approval of each tentative tract map, except a map for financing and conveyance purposes only, the developer shall submit a drainage plan for the project area to the Manager, Subdivision Division, for approval. This plan shall identify proposed local drainage features pursuant to the requirements of the Subdivis'i'on Division and shall also ensure protection of structures from the 100 -year flood. All open space areas that are graded during the installation of those drains must be revegetated to be compatible with natural surroundings. These drainage plans shall be consistent with the Master Drainage and Runoff Management Plan (MDRMP) for the Irvine Coast Planned Community, the San Joaquin Hills Master Plan of Drainage Study, and the University Park Master Plan of Drainage Study. -5- ATTAC:=T A CONDITIONS OF APPROVAL 1 SPECIAL 2 14. Prior to, issuance of any grading permit, the developer shall submit to the Manager, Development Services Division, for 3 review /approval, an Erosion Control Plan whit:h . shall identify site specific measures for the control of siltation, 4 sedimentation and other pollutants, as per the Orange County Grading and Excavation Code. Such a plan shall include 5 preparation and approval of the plan prior to construction, instructions for storm events, normal and emergency procedures, 6 as well as procedures following storm events. Standard erosion control measures shall be installed for the project as required 7 according to County standards. The following erosion control measures shall be incorporated into the project grading plan as 8 required during construction by the County of Orange (MIA) and the Regional Water Quality Control Board (Santa Ana Region), 9 during the rainy season (October 15 to April 15): 10 a. Sandbags shall be placed across streets where necessary, 11 depending upon size of catchment and sediment yield. b. Erosion control at the sediment sources shall be 12 emphasized during construction. 13 C. A stand -by crew shall be made available for emergency work during the rainy season. Necessary materials shall 14 be available on -site, and shall be stockpiled at convenient locations to facilitate rapid construction of 15 temporary erosion control devices when rain is imminent. 16 d. Removable protective erosion control devices shall be put 17 in place at the end of each working day when the five day 18 rain probability forecast exceeds 40%. e. All erosion control measures shall be implemented in 19 conformance with the requirements of the Grading Code of the County of Orange. All construction shall be 20 conducted with provisions for the control of sand, dust, and debris originating at the construction site. 21 Appropriate areas shall be contained with berms, desilting basins, or similar structures to prevent runoff 22 during construction operations. 23 f. Prior to issuance of building permits, landscape and erosion plans shall be reviewed and approved by Manager, 24 EMA Development Services Division. Temporary mulching, seeding, landscaping, permanent erosion control, or other 25 suitable stabilization measures shall be included as part of the project in order to protect exposed areas during 26 and after construction and shall be noted on project 27 plans. 28 SPECIAL -6- ATTACH= N1 A CONDITIONS OF APPROVAL 1 15. Prior to issuance of any grading permit for projects which 2 drain into Upper Newport Bay, the developer shall submit a Water Quality Control Plan to Manager, Environment Resources, 3 for that portions of the project which drain into Upper Newport Bay, which shall identify specific structural and nor. - 4 structural source control measures or best management practices (BMPs) to be implemented to control the discharge of pollutants 5 to stormwater facilities during all phases of project development. These source control measures are articulated in 6 the NPDES Permit No. CA 8000180, and include such measures as first flush diversion, detention /retention basins, infiltration. 7 trenches /basins, porous pavement, oil /grease separators, grass swales, wire contractors, education programs and maintenance 8 practices. 9 SPECIAL 16. Prior to issuance of any grading permit for projects whit`: 10 drain into the Upper Newport Bay, the developer shall submit a program to Manager, Environmental Resources Division which is 11 designed to determine the effectiveness of BMPs and .other control measures implemented as part of the NPDES Permit. The 12 program shall identify a procedure for comparing the pre - and post - development water quality conditions from the project 13 site. This program shall be coordinated with the County's responsibilities under the NPDES Permit. 14 SPECIAL 15 17. Prior to recordation of each final "B" tract map, the developer shall submit a landscape plan to the Manager, Development 16 Services Division, for approval. The landscape plan shall provide that, where grading is required to install drains in 17 open space, those drains shall be revegetated to be compatible with natural surroundings. 18 RECREATION /OPEN SPACE 19 SPECIAL 20 18. Prior to the issuance of the first grading permit within each individual planning area, the developer shall prepare an Urban 21 Edge Treatment Plan in a manner meeting the approval of the Manager, Harbors, Beaches and Parks /Program Planning Division 22 in consultation with Manager, Land Use Planning Division. 23 SPECIAL 19. Prior to the approval of the each "B" tentative tract map, the 24 developer shall submit a fuel modification program for all tract areas adjoining open space for approval by the Fire Chief 25 which shall include any provision for a temporary irrigation system installed on fill slopes to establish new plant 26 communities. 27 28 -7- ATTACHMENT A CONDITIONS OF APPROVAL 1 BIOLOGICAL RESOURCES 2 _ 3 SPECIAL 20. Prior to approval of any grading permit, the developer shall prepare a program which shall be approved by the Manager, 4 Environmental Planning Division that includes either graphically, as notes on the grading or building plans, as 5 written construction instructions, or as otherwise deemed 6 appropriate, the following: a. Prohibit the driving or parking of construction vehicles 7 within the drip -lines of the oak woodlands; 8 b. Avoid unnecessary driving in undisturbed areas; 9 C. Do not remove brush except where necessary; 10 d. Do not harass wildlife such as deer, foxes, coyotes, snakes, etc. (harassment includes shooting, throwing 11 rocks, etc.); and 12 e. Installation of a wildlife watering facility in adjacent open space to mitigate the loss of the existing seasonal 13 watering source. 14 CULTQRAL/SCIENTIFIC RESOURCES 15 SPECIAL 21. Prior to issuance of any grading permit, the developer shall 16 provide written evidence to the Chief, Regulation /Grading Section, that a County certified paleontologist has been 17 retained to observe grading activities and to salvage and catalogue fossils as necessary. The paleontologist shall be 18 present at the pregrading conference, shall establish procedures for paleontological resources surveillance, and 19 shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to 20 permit sampling, identification, and evaluation of the fossils. If major paleontological resources are discovered, which 21 require long -term halting or redirecting of grading, the paleontologist shall report such findings to the project 22 developer and to the Manager, Harbors, Beaches and Parks/ Program Planning Division. The paleontologist shall determine 23 appropriate actions, in cooperation with the project developer, which ensure °proper exploration and /or salvage. Excavated 24 finds shall be offered to the County of Orange, or its designee, on a first refusal basis. Developer may retain said 25 finds if written assurance is provided that they shall be properly preserved in Orange County, unless said finds are of 26 special significance, or a museum in Orange County indicates desire to study and /or display them at this time, in which case 27 items shall be donated to the County or designee. These 28 actions, as well as final mitigation and disposition of the -s- 0 5 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 27 28 ATTACFD=NT A CONDITIONS OF APPROVAL resources, shall be subject to approval by the Manager, Harbors,- Beaches and Parks /Program Planning Division, shall include the period of inspection, a catalogue and analysis of the fossils found, and present repository of the fossils. TRAFFIC AND CIRCULATION SPECIAL 22. Prior to the issuance of any building permits, the developer shall pay fees as prescribed in the Major Thoroughfare -and Bridge Fee Program for the San Joaquin Hills Transportation Corridor (SJHTC). 23. FEE PROGRAM SPECIAL The landowner shall accelerate payment of Coastal Area Roadway Improvement and Traffic Signal (CARITS) fees for construction of San Joaquin Hills Road between Newport Coast Drive (formerly Pelican Hill Road) and the San Joaquin Hills Transportation Corridor upon approval of plans, specifications, and estimates for construction of the road within 90 days of such notification by the Director of CIA. SPECIAL 24. Prior to recordation of any final "B" tract map, a circulation phasing plan shall be prepared by the developer and approved by the Manager, Transportation Planning Division. Said plan shall provide assurance that project development is phased commensurate with the County's Growth Management Plan and linked to roadway milestones to maintain an acceptable Level of Service (LOS) condition on roadway links and intersections. SPECIAL 25. Prior to recordation of the first "B" tract map the developer shall submit for approval by the Manager, Transportation Planning Division a document that provides information on reducing vehicular trips. The document should encourage a reduction of vehicular trips by including information regarding ride - sharing programs, van pool programs, public transportation opportunities, and other trip reducing concepts. The developer shall distribute the approved information to all future homeowner's associations and retail tenants within the project. VISUAL RESOURCES /LANDSCAPE PLANS SPECIAL 26. Commonly maintained landscaped and open space areas in individual tracts shall be designed, equipped for irrigation, and improved in accordance with an approved plan as stated below: a. Preliminary Plan - Prior to recordation of a final tract map, an agreement shall be entered into between the -9- 0 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 27 28 ATTACHMENT A CONDITIONS OF APPROVAL developer and the County of Orange /Development Services Division providing financial security guaranteeing tze landscape improvements and maintenance. b. Detailed Plan - Prior to issuance of building permit (s) a detailed community landscape plan shall be submitted by the applicant and approved by the Manager, Development Services Division in consultation with t:: ^.e Manager, Harbors, Beaches and Parks /Program Planning Division. Detailed plans shall show the detailed irrigation and landscaping design. The detailed community landscape plan shall be certified by a licensed landscape architect as taking into account an approved preliminary landscape plan, EMA Standard Plans, the adopted PC Program, scenic corridor requirements, Grading and Excavation Codes, erosion control requirements, Subdivision Code, Zoning Code, and conditions of approval. C. Installation Certification - Prior to the issuance of final certificate of use and occupancy and the release of the financial security guaranteeing the landscape improvements, said improvements shall be installed and shall be certified by a licensed landscape architect as having been installed in accordance with the approved detailed plans. Said certification shall be furnished in writing to the Manager, Construction Division, and Manager, Building Inspection. -10- 2 7 10 11 12 13 14 15 16 17 18 19 2C 21 2: 2? 24 2` 2f 2" 2f ATTAC'2,ZE NT A CONDITIONS OF APPROVAL AIR QUALITY SPECIAL 27. Prior to issuance of any grading permit, the developer s: ^.al: ensure compliance with South Coast Air Quality Management District. ( SCAQMD) Rule 403, and Subarticle 13 of the Gradinc and Excavation Code to the Manager, Development Services Division, and shall identify the dust suppression measures, such as regular watering and early paving of the road, which shall be implemented to reduce emissions during construction and grading. This shall assist in reducing snort -tern impacts from particulates which could result in nuisances that are prohibited by Rule 403 and will also provide for effective planting, maintenance, irrigation, and seed germination by�the project proponent prior to the rainy season in graded areas which would otherwise remain exposed. SPECIAL 28. Prior to the any issuance of the first building permits for new residential and commercial uses, the developer shall provide evidence to the Manager, EMA Development Services Division, demonstrating compliance with all SCAQMD regulations. SPECIAL 29. Prior to issuance of a grading permit for each tract or vesting map area, the developer shall submit an erosion control plan for approval of the Manager, Development Services Division which shall include a discussion of measures for dust pollution and mitigation of erosion caused by wind and water. The plan shall also provide for effective planting, maintenance, irrigation, and seed germination by the project proponent prior to the rainy season in graded areas which would otherwise remain exposed in accordance with Subarticle 13 of the Grading and Excavation Code to reduce short -term impacts from particulates. NOISE SPECIAL 30. Prior to the issuance of any building permits which include residential uses, the developer shall prepare an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards which shall be approved by the Manager, Development Services Division, along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report have been incorporated into the design of the project. SPECIAL 31. Prior to the issuance of any Certificates of Use and Occupancy for residential uses, the developer shall undertake field testing in accordance with Title 24 regulations as required by _11_ 0 5 W 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2! V 2') 28 ATTACHKr= -SIT A CONDITIONS OF APPROVAL, the Manager, Building Inspection Division, to verify Compliance with Sound Transmission Class (STC) and Impacts Insulation Class (IIC) design standards. SPECIAL 32. Prior to issuance of building permits for residential units located in Planning Area 15, if determined necessary through the noise analysis contained in the San Joaquin wills Transportation Corridor Final EIR /EIS, the developer shall prepare a noise analysis for approval by the Manager, Development Services Division, demonstrating that San Joaquin Hills Transportation Corridor noise can be mitigated to meet the exterior 65 CNEL noise standard. Where required, the design for noise barriers shall be specified for height and location. If the San Joaquin Hills Transportation Corridor noise data is unavailable prior to issuance of building permits for Planning Area 15, future noise mitigation, if required, shall be the responsibility of the Transportation Corridor Agencies. SPECIAL. 33. Prior to the issuance of any non - residential building permits, the developer shall provide evidence to the satisfaction of the Manager, Development Services Division that all non - residential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria, as specified in the County Noise element and County Land Use /Noise Compatibility Manual. SPECIAL 34. Prior to the recordation of each final "B" tract map, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted by the developer to the Manager, Development Services Division, for approval along with satisfactory evidence which indicates that the sound attenuation measure specified in the approved acoustical report have been incorporated into the design of the project. LIGHT AND GLARE SPECIAL 35. Prior to issuance of any building permit, the developer shall demonstrate to`the Manager, Development Services Division that appropriate lighting shall be installed for parks, internal streets, and commercial center(s) including, but not limited to, lighting directed away from natural open space areas to minimize disturbance to adjacent habitat, and use of the correct intensity fixtures. _12_ El 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 27 28 ATTACHMENT A CONDITIONS OF APPROVAL LANDFILL - SPECIAL 36. Landfill Gas Mitigation. The landowner, in consultation wit: the SCAQMD, California Integrated Waste Management Board, County Integrated Waste Management Department, and the landfill gas recovery system operator, shall provide for the following backup systems to supplement the landfill gas recovery system. where redundancy is warranted along the project site boundary. Installation of the perimeter collection system shall be complete prior to issuance of building permits in Planning Areas (PAs) 3, 8, 9, 10, 13; and 21 and portions of PAs 2, 4, and 16 as indicated in EIR 517, Figure 4.12.6, and a portion of Planning Area 22. a. Installation of a network of shallow collectors located in the refuse area. This mitigation measure shall be initiated by Orange County Integrated Waste Management Department as part of the Closure Plan and the applicant shall share in the cost of construction of this mitigation program. b. Installation of multi -depth extraction wells by the landowner located in native soil along the perimeter of the landfill, spaced 50 to 200 feet apart and at depths equivalent to the lowest depth of refuse as determined by a qualified landfill expert. These additional wells shall be designed and located to intercept and collect gas migrating from the interior refuse mass through the substrata. The well spacing shall be designed so that the sphere of influence of each well shall overlap the adjoining well's sphere of influence and thus provide a curtain vacuum that shall intercept or collect all gas in the area. The system could be designed to have the necessary controls so that each well or individual collector may be controlled separately. The landowner shall work with the landfill gas recovery operator to integrate the perimeter system with the existing landfill gas recovery system if such integration is feasible without adversely affecting the existing system. Otherwise a separate system shall be constructed by the landowner. C. If deemed necessary by the Integrated waste Management Development, in consultation with the Orange County Health Care Agency (acting as the Local Enforcement Agency) , installation of passive, physical barriers at the locations identified in the Geology Report where gas is likely to migrate from the landfill to the project site, shall be implemented. The passive barriers shall involve excavating in areas of high transmissibility -13- ATTACFM2-NT er+ CONDITIONS OF APPROVAL 1 identified by the geologist, creation of an impermeable 2 cut—off barrier, and backfillirg these areas. 3 SPECIAL 37. Monitoring Mitigation. A series of multi -depth gas monitoring 4 probes, located in native soil, along the common project site and landfill boundary, shall be installed prior to issuance of 5 building permits in ?As 3, 8, 9, 10, 13, and 21, portions of ?As 2, 4, and 16 as indicated in SIR 517, Figure 4.12.6, and a 6 portion of Planning Area 22, and monitored by the landowner as overseen by the County Integrated Waste Management Department 7 and the landfill gas recovery system operator. Monitoring and maintenance of the gas monitoring system following landfill 8 closure shall be the responsibility of the landowner, until such time as the responsibility of the system is assumed by the 9 County or its designee. The monitoring activities shall rely on data obtained from both the existing probes and any 10 additional probes that may be installed, and on the recommendation of a qualified geologist. The monitoring shall 11 be conducted in accordance with South Coast Air Quality Management District protocol applying to perimeter sampling 12 probes. 13 SPECIAL 38. Construction Mitigation. Prior to issuance of building permits 14 for ?As 3, 8, 9, 10, 13, and 21, portions of PAs 2, 4 and 16 as indicated in SIR 517, Figure 4.12.6, and a portion of Planning 15 Area 22, the landowner shall prepare study showing a variety of construction methods including foundation shielding and sealing 16 of utility conduits shall be evaluated by County Integrated Solid Waste Management and implemented by the 17 landowner /developer, if appropriate. Unless monitoring results require a greater setback, no residential structure shall be 18 placed within 250 feet of the limits of refuse. 19 PUBLIC SERVICES /UTILITIES 20 SPECIAL 39• Prior to the recordation of each final tract /parcel map, plans 21 showing sewer lines, connections, and structures as specified 22 in the "Guidelines Requiring Separation Between Water Mains and Sanitary Sewers, Orange County Health Department, 1980," shall be submitted by the developer and approved by the Manager, HCA 23 Environmental Health Division. 24 SPECIAL 40. Prior to the recordation of each final tract /parcel map, plans 25 showing the location of all proposed reclaimed water lines, if required by Irvine Ranch Water District (IRWD) , shall be 26 submitted by the developer and approved by the Manager, HCA 27 Environmental Health Division. SPECIAL 28 -14- 2 5 0 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT A CONDITIONS OF APPROVAL, 41. Prior to issuance of Certificate of Use and Occupancy Permits, except for temporary construction or home sales facilities, t ^e developer shall provide evidence to Manager, Development Services that IRWD has certified that adequate water storage capacity exists to meet County fire -flow requirements. SPECIAL 42. Prior to the recordation of the first final tract map, the landowner shall provide proof of approval by the applicable water /wastewater district to the Manager, Development Services Division, and shall obtain approval by the Orange Cou-ity Subdivision Committee of a Master Plan of Water and Wastewater Works. The Master Plan shall include all on -site and off -site facilities necessary to serve the short-term. and long -term needs of the project, and a general financing program for those facilities which demonstrates sufficient entitlements and wastewater collection and treatment capacity to serve the project. SPECIAL 43. Prior to the issuance of building permits, the developer shall demonstrate to the Manager, Development Services Division, that necessary above- ground public works, infrastructure and utility facilities shall be located and designed to minimize visual impacts. SPECIAL 44. Prior to issuance of certificate of use and occupancy permits, the developer shall demonstrate to the Fire Chief that the water system meets fire flow requirements. SPECIAL 45. Prior to issuance of building permits, the developer shall provide evidence to the Manager, Development Services Division that the appropriate school fees (e.g., as required per AB 2926) have been paid to the Newport -Mesa Unified School District (NMUSD). Alternative financial arrangements may also be acceptable, should an agreement between NMUSD and the landowner/ developer be completed. SITE DEVELOPMENT PERMIT SPECIAL 46. Prior to the issuance of any grading or building permit associated with any "B" tract map, whichever occurs first, the developer shall submit a site development permit which will be required for each Planning Area within the San Joaquin Hills Planned Community for approval by the Planning Commission, to include, but not be limited.to: a. Urban edge treatment program to include development setbacks and a fuel modification program; b. Refined landscape plan; -' -5- -16- ATTACE=T A CONDITIONS OF APPROVAL 1 c. Interface of development and /or open space between the 2 Irvine Coast PC and San Joaquin Hills PC for Planning Areas 7, 11, 12, 13, 14, 15, 17, 18, 19 and 20; 3 4 5 6 7 8 9 10 11 12 13 14 5 16 17 18 19 20 21 22 23 24 25 26 27 28 -16- ATTACHYn- 'l A CONDITIONS OF APPROVAL 1 d. Landfill gas mitigation and public safety setback issues 2 for Planning Areas 3, 8, 9, 10, 13, and 21, portions of Planning Areas 2, 4, and 16 as noted in EIR 517 Figure 3 4.12.6, and a portion of Planning Area 22; e. Special requirements for the Planning Area 12 gas 4 station; and 5 f. As required by the San Joaquin Hills PC Program. BUYER /OCCDPANT NOTIFICATION 6 SPECIAL 7 47. Prior to the issuance of any building permits, the developer shall comply with Board of Supervisors Resolution 82 -1368 8 (Buyer Notification Program) which requires the developer to prepare a map and notice denoting the existing and proposed 9 land uses, arterial highways, Coyote Canyon Landfill, E1 Toro Marine Corps Air Station, and other public facilities within 10 the surrounding area for the approval of the Manager, Land Use Planning Division, in consultation with the Manager, Project 11 Planning Division. The map and notice content, display, and distribution shall be in accordance with the Buyer Notification 12 Program guidelines approved by the Board of Supervisors and 13 available at the EMA Development Processing Center. This map and notice shall include, but not be limited to the 14 following: 15 a. Disclose the noise of helicopter overflights from the E1 Toro Marine Corps Air Station; 16 b. Describe Coyote Canyon Landfill operations including, but not limited to, the use of flares; 17 C. Describe the San Joaquin Reservoir Improvement Project including the visual impacts of covering the reservoir; 18 d. Describe the surrounding open space habitat species and vegetation with their ecology and impacts from human 19 intrusion or mismanagement; e. Fuel modification program and practices; and 20 f. The extension of San Joaquin Hills Road. 21 The map and notice shall be recorded and made available to all initial and subsequent purchasers, lessors, and other potential 22 occupants. 23 24 25 26 27 28 _17_ El 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 27 28 ATTACHrLNT A CONDITIONS OF APPROVAL ROADSIDE LANDSCAPE SPECIAL 48. Prior to any final tract map recordation (except a man for financing purposes), the developer shall submit a landscape /irrigation concept plan, in a manner meeting the approval of the Director, Transportation, to minimize the maintenance of public roads within the project area. FIRE STATION 49. Prior to any final trac financing purposes), the manner identified and Services, Orange County protection is in place Planned Community. LIBRARY SPECIAL :t map recordation (except a map for landowner shall submit evidence, in a approved by the Director of =ire Fire Department, that adequate fire for serving the San Joaquin Hills SPECIAL 50. Prior to any final tract map recordation (except a map for financing purposes), the landowner shall enter into an agreement to participate on a pro rata basis, in a manner identified by the County Librarian in concurrence with the County Administrative Office, in funding capital improvements including furnishings and collections necessary to serve the project. GENERAL COUNTY FACILITIES SPECIAL 51. Prior to any final tract map recordation (except a map for financing purposes) the landowner /developer shall participate on a pro rata basis, in a manner approved by the Board of Supervisors, in funding capital improvements necessary to establish adequate South County facilities to provide general County services to the area. Such improvements shall include land acquisition, design and construction of needed facilities, and equipment purchases. -18- 2 5 0 10 11 12 13 14 15 16 17 18 19 2C 21 22 23 24 2_` V 2i 2f ATTACF -LENT A CONDITIONS OF APPROVAL REVISED FISCAL IMPACT REPORT SPECIAL 52. In the event of application for annexation or ir.corpora:ior, of all or part of the project, a revised Fiscal Impact Report shall be prepared by the landowner to assess the cost - revenue impact of such annexation or incorporation on the County and the special districts serving the property to be annexed or incorporated. PROVISIONS OF SERVICES BY PROPERTY OWNERS ASSOCIATION SPECIAL 53. Prior to any final "B" tract map recordation for this San Joaquin Hills Planned Community, CC &Rs or other method or procedure, including the establishment of a property owners association or other entity which will guarantee the provision at no cost to the County of any extended services and any other private services required, shall be recorded prior to the issuance of any certificates of use and occupancy. Prior to any final tract map recordation (except a map for financing purposes) the San Joaquin Hills Planned Community shall either be annexed to the Orange County Street Lighting District (OCSLD), or the landowner /developer shall present an alternative method for funding street lighting in the proposed area of development which is satisfactory to the Director, EMA which may include funding by a property owners association established for this purpose. WATER IMPROVEMENT AND SEWER IMPROVEMENT PLANS SPECIAL 54. Prior to the recordation of a final tract map, water improvement plans and sewer improvement plans shall be submitted by the developer and approved by the Fire Chief in consultation with Manager, HCA /Environmental Health Division for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants shall be evaluated in accordance with insurance Services Office suggested standards contained in the "Grading Schedule" for Municipal Fire Protection. The improvement plans shall include, but not be limited to, pipelines, pump stations, booster stations, and other facilities as required by the Fire Chief and Manager, HCA / Environmental Health Division. -19- 0 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTAC:DMNT A CONDITIONS OF APPROVAL WATER SYSTEMS` 55. Prior to the issuance shall submit a water Chief. The plan will modification irrigati (potable water). SPECIAL of any building permits, the developer system plan for approval by the Fire feature separate water systems for fuel :)n (reclaimed water) and fire hydrants SPECIAL 56. Prior to the recordation of the first final "B" tract map easterly of Newport Coast Drive (formerly Pelican Hill Road), the landowner shall complete an analysis of the two currently proposed alignments for San Joaquin Hills Road to determine ultimate right -of -way requirements (including slope and construction easements) and environmental mitigation to satisfaction of the Director, Transportation. SPECIAL 57. Prior to recordation of the first final "B" tract map easterly of Newport Coast Drive (formerly Pelican Hill Road) , an EIR shall be prepared by the landowner suitable for accepting an offer of right -of -way dedication for an alignment of San Joaquin Hills Road between Newport Coast Drive and the San Joaquin Hills Transportation Corridor, including interchange geometric and areas of dedication for off -site mitigation measures for the alternative alignment. SPECIAL 58. Prior to recordation of the first final "B" tract map easterly of Newport Coast Drive (formerly Pelican Hill Road), the landowner shall make an irrevocable offer for right -of -way purposes for San Joaquin Hills Road between Newport Coast Drive and the San Joaquin Hills Transportation Corridor, including interchange geometrics and associated environmental mitigation areas for approval by the Director, Transportation. Prior to acceptance.by the County, the right -of -way dedication area may be amended at the discretion of the County and the Transportation Corridor Agencies to reflect the selection of an alternative interchange location with the San Joaquin Hills Transportation Corridor. The right -of -way shall be clear of all liens and encumbrances and an agreement executed to prohibit any encumbrances on the property until accepted by the County. SPECIAL 59. Prior to issuance of any building permit, the landowner shall construct improvements on San Joaquin Hills Road easterly of Newport Coast Drive within the existing right -of -way including grading, paving and curb returns in a manner meeting the approval of the Director, Transportation. In addition, the landowner shall place signs at the intersection of Newport Coast Drive and San Joaquin Hills Road and, along the -20- 2 3 7 10 11 12 13 14 15 16 17 18 19 20 21 22 2? 24 2_ V 2-) 21 ATTACHMENT A CONDITIONS OF APPROVAL alternative alignment closest to new residential constructior. identifying the future extension of San Joaquin Hills Road. The landowner shall disclose to all new homebuyers in sales documents the extension of the road and the location of the alternative alignment closest to new residences. SPECIAL 60. In addition to circulation phasing requirements outlined in the County's Growth Management Element, the applicant shall be limited to the issuance of 2,000 building permits prior to satisfaction of one of the following conditions as determined by the Director, Transportation: a. Initiation of grading of the San Joaquin Hills Transportation Corridor ( SJHTC) between Laguna Canyon Road and MacArthur Boulevard (Route 73); or b. Initiation of construction of SJHTC improvements between Laguna Canyon Road and MacArthur Boulevard (Route 73) ; or c. Initiation of construction of a grade separation consistent with the SJHTC design at the intersection of Pelican Hill Road and MacArthur Boulevard (Route 73). SPECIAL 61. Prior to the issuance of the first grading permit, revised San Joaquin Hills Planned Community Program text and exhibits shall be submitted by the landowner with the form and content approved by the Manager, Land Use Planning Division. -21- 1 2 3 4 5 6 VA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Chairman of the Board o upervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIyi �3 F THE BO DARLENE J. i3L�6fv� Clerk of the Board of Supervisors of Orange County, California AYES: SUPERVISORS THOMAS W. WILSON, TODD SPITZER CHARLES V. SMITH, WILLIAM G. STEINER. AND JAMES W. SILVA NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I, DARLENE J. BLOOM, Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing resolution was duly and regularly adopted by the said Board at the regular meeting thereof held on the 17"' day of March, 1998, and passed by a unanimous vote of said Board. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 17'h day of March, 1998. s Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California -22- 1 2 3 4 5 6 7 8 9 10'I II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - RESOLUTION OF THE ORANGE COO= BOARD OF SUPERVISORS ADDENDUM I TO CITY OF IRVINE'S BONITA CANYON FINAL SIR (SCH No. 95091032) PLANNING AREA 22 SAN JOAQUIN BILLS (NEWPORT RIDGE) PLANNED COMMUNITY GENERAL PLAN AMENDMENT LUE 98 -1, ZONE CHANGE ZC 98 -1 AND COMMUNITY PROFILE AMENDMENT CPA 98 -1 ORANGE COUNTY, CALIFORNIA MARCH 17, 1998 On the motion of Supervisor Wilson following Resolution was adopted. duly seconded and carried, the WHEREAS, the City of Irvine, hereinafter referred to as the City, prepared the Bonita Canyon Final EIR to address the environmental effects, mitigation measures, and project alternatives associated with Bonita Canyon Planning Area 26B; and WHEREAS, on May 28, 1996, the City, by Resolution 96 -53, certified The Bonita Canyon Final EIR (SCH #95091032) for the Bonita Canyon Zone Change 18903 -ZC, which changed the zoning in Planning Area 26B area from Development Reserve to Medium Density Residential and Preservation; and WHEREAS, Planning Area 26B became a part of the unincorporated area of Orange County as a result of action taken by the Local Agency Formation Commission, LAFCO, to adjust the boundary of the City; and WHEREAS, on November 13, 1997, the owners of Planning Area 26B properties submitted Planning Application PA970160 with the County of Orange for a General Plan Amendment, zone change and Community Profile Amendment; and WHEREAS, the Initial Study was completed and a determination was made that an Addendum is the appropriate CEQA documentation for the proposed project, since only minor additions and clarifications were needed in order to make the -Page 1 of 4- Resolution No. 98 -88 Resolution of the - Board of supervisors PA 22, Newport Ridge Planned Community Bonita Canyon Addendum I 1 Y Pinal SIR and FEIR 517 2 City's Bonita Canyon Final EIR (SCH No. 95091032) and FEIR 517 for the San 3 Joaquin Hills Planned Community (Newport Ridge Planned Community) adequate u:.der 4 the requirements of the California Environmental Quality act and County 0.9 5 Orange procedures; and 6 WHEREAS, the Orange County planning Commission reviewed all envircrmental 7 documentation comprising Addendum I, which incorporates the City's Bonita Canycn. 8 FEIR and FEIR 517, and recommended that this Board adopt and certify addendum I 9 to the City's Bonita Canyon FEIR and FEIR 517 as appropriate and adequate CEQA 10 documentation for the Project. 11 NOW, THEREFORE, BE IT RESOLVED THAT; 12 1. The Orange County Board of Supervisors has determined that the City has 13 complied with all State and County of Orange procedures with regard to the 14 contents of the Bonita Canyon EIR, including its analysis and conclusions on the 15 impacts related to the project and the discussion of alternatives; and 16 2. The Orange County Board of Supervisors has determined that the City 17 has implemented all mandated public notifications, including the Notice of 18 Preparation (NOP), Notice of Completion (NOC), Notice of Availability (NOA), 19 notifications of hearings, and the Response to Comments (RTC) document; and 20 3. The Orange County Board of Supervisors has considered and concurs in 21 the recommendation of the Planning Commission that Addendum I, together with 22 Bonita Canyon Final EIR and Final EIR 517, constitute adequate CEQA 23 documentation for the proposed General plan Amendment (GPA), Zone Change (ZC) 24 and Community Plan Amendment (CPA), pursuant to the requirements of the CEQA 25 Statutes (Public Resources Code Section 21000 et seq.), the State CEQA 26 Guidelines (California Code of Regulations Section 15000 et seq.) and the 27 County's environmental analysis procedures; and 28 -Page 2 of 4- Resolution of the .0 Board of Supervisors Addendum I PA 22, Newport Ridge Planned Co =unity Bonita Canyon Final EIR and FgIR 517 1 2 4. In consideration of the above, the Orange County Board of Supervisors 3 hereby certifies Addendum I to the Bonita Canyon Final EIR and FEIR 517 for 4 Newport Ridge Planned Community Planning Area 22. Said Addendum I et al is 5 composed of the following elements: 6 a. Addendum I b. City of Irvine's Bonita Canyon Final EIR; 7 C. Technical Appendices to City of Irvine's Bonita Canyon Final EIR; d. Responses to Comments; 8 e. Mitigation Monitoring Program; f. PDS Staff Report of February 11, 1998 to the Planning Commission; 9 g. Public hearing minutes of the Planning Commission; and h. All attachments, incorporations, and references delineated in 10 items a. through g. above. 11 All of the above information has been and will be on file with the 12 Orange County Planning & Development Services Department, Environmental & 13 Project Planning Services Division, 300 North Flower Street, Room 321, Santa 14 Ana, California 92702. 15 S. This Board finds that Addendum I, Bonita Canyon Final EIR and FEIR 517 16 identified all potential significant environmental effects of the proposed 17 Project, as set forth in the FINDINGS AND FACTS IN SUPPORT OF FINDINGS, attached 18 hereto and made a part hereof. There are no known potential environmental 19 impacts not addressed in Addendum I, Bonita Canyon Final EIR and FEIR 517. 20 S. This Board adopts the findings with respect to each potentially 21 significant environmental effect identified in Addendum I. Bonita Canyon Final 22 EIR and FEIR 517 and the explanation of its rationale with respect to the 23 findings set forth in the document entitled FINDINGS AND FACTS IN SUPPORT OF 24 FINDINGS,. attached hereto and made a part hereof. 25 7. This Board finds that Addendum I to Bonita Canyon Final EIR and FEIR 26 517 reflect the independent review and judgment of the County of Orange. 27 28 -Page 3 of 4- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 auman of a BoaTd of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR NO�F THE BOA DARLE E BLOOM Clerk of the Board of Supervisors of Orange County, California AYES: SUPERVISORS THOMAS W. WILSON. TODD SPITZER CHARLES V. SMITH, WILLIAM G. STEINER, AND JAMES W. SILVA I NOES: SUPERVISORS NONE IABSENT: SUPERVISORS NONE STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I, DARLENE J. BLOOM, Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing resolution was duly and regularly adopted by the said Board at the regular meeting thereof held on the 17'' day of March. 1998, and passed by a unanimous vote of said Board. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 17`h day of March, 1998. 1F �f C rA ' ^\ Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California Orf nee Cmmry ('nunad -4- FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PLANNING AREA 22 SAN JOAQUIN HILLS (NEWPORT RIDGE) PLANNED COMTUN"ITY GENERAL PLAN AMENDMENT, ZONE CHANGE AND COMMDNITY PROFILE A-%M4 1MXT Consistent with the requirements of the California Environmental Quality Act (CEQA) and Section 15091 of the CEQA Guidelines, the City of Irvine has provided documentation that addresses the potentially significant adverse impacts associated with Planning Area PA 26, Planning Area PA 26B has become a part of unincorporated Orange County as a result of LAFCO action and is denoted as Planning Area 22. Proposed land use designations and proposed future land uses for Planning Area (PA) 22 covered by General Plan Amendment LII"_' 98 -1, Zcne Change ZC 98 -1 and Community Profile Amendment CPA 98 -1 are the same as t`:ose addressed in the City of Irvine's Final EIR. Although the San Joaquin Hills Planned Community (SJFiPC) FEIR 517 did not directly discuss potential impacts related to the PA 22 area, EIR 517 analyzed the effects on infrastructure resulting for the Planned Community's buildout of 2,550 units. The addition of PA 22 to the 5JHPC will not change the maximum allowable units approved to be developed. Potentially significant adverse impacts of a project can be divided into two categories: o Potentially significant adverse impacts that can be mitigated to below a level of significance, based on implementation of identified project features, project mitigation measures and /or County of Orange standard conditions of approval. As described later in these findings, the project PA 22 General Plan Amendment, Zone Change and Community Profile Amendment is anticipated to result in potentially significant adverse impacts that can be mitigated to below a level of significance. o Potentially significant adverse impacts that can be partially mitigated, but not to below a level of significance. As described later in these findings, the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment is not anticipated to result in any significant adverse impacts after mitigation. For each potentially significant adverse impact of the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment, one of the following findings must be made, including the provision of facts supporting each finding: o Changes or alterations have been required or incorporated into the project which avoid or substantially lessen the potentially significant adverse effects identified in the Final Environmental Impact Report (EIR) for the PA 22 General Plan Amendment, Zone Change and Community Profile Amendment. Page 1 o Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the County of Orange which is the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. o Specific economic, social or other consideration make infeasible the mitigation measures or project alternatives identified in the Final EIR. POTENTIALLY SIGNIFICANT ADVERSE IMPACTS MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE The potentially significant adverse impacts of the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment are described in the following sections. The County of Orange finds that these potentially significant adverse impacts of the PA 22 General Plan Amendment, Zone Change a-d Community Profile Amendment would be mitigated to below a level of significance, after implementation of the noted project features, standard conditions of approval and mitigation measures. IMPACTS RELATED TO LANDFORM and TOPOGRAPHY Potentially-Significant Facts Related to Landform. and Topography The Bonita Canyon FEIR determined that development of the PA 22 project site will not have significant adverse impacts related to Landform and Topography. Although the San Joaquin Hills Planned Community ( SJHPC) FEIR 517 did not directly discuss potential impacts related to the PA 22 area, EIR 517 analyzed the effects on infrastructure resulting from the buildout of 2,550 units. The addition of PA 22 to the SJHPC will not change the maximum allowable units approved to be developed. Finding Related to Landform and Topogravh Changes or alterations have been required or incorporated in the PA 22 General Plan Amendment, Zone Change and Community Profile Amendment which avoid or substantially lessen this potentially significant adverse effect of the project. Facts in Support of the Finding Related to Landform and Topography The mitigation measures from the two previous FEIRS apply to and shall be implemented with the PA 22 development. These measures and conditions are ongoing from the prior environmental documentation and are requirements. Implementation of the fallowing County Standard Conditions of Approval and mitigation measures from the SJHPC FEIR 517 and the Bonita Canyon FEIR which will substantially lessen or avoid the impact of the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment related to Landform and Topography and will reduce this potentially significant adverse impact to below a level of significance: Page 2 County of orange standard Conditions of Approval 3.1.1 Prior to the recordation of the first final tract /parcel map or issuance of the first grading permit, whichever occurs first, for projects located immediately adjacent to or including portions of regional parks, significant open space corridors, or other environmentally sensitive areas, the project proponent shall provide evidence acceptable to the Manager, PDSD /Subdivision and Grading Services, in consultation with the Manager, PFRD /HB &P /Asset Management, that graded areas will be compatible with natural land characteristics of the adjacent areas. Treatment to achieve the desired effect shall include: A. Smooth and gradual transition between graded slopes and existing grades using variable slope ratios (2:1 to 4:1). B. Contour grading such as the rounding and contouring of pla.-ie edges and the varying of height and inclination of manufactured slopes to produce a more natural appearing earthwork. C. Urban Edge Treatment /Landscaping Plan(s) for all graded areas adjacent to open space; and D. Incorporating architectural and design techniques into the project in order to enhance off -site views attained from within parks and other environmentally sensitive areas. 3.1.2 Prior to issuance of a grading permit, grading plans will be approved for the project and Contour grading techniques will be used whenever possible to achieve the appearance of gradual natural slopes. All grading activities will be completed in a manner consistent with the Orange County Grading and Excavation Code and Grading Manual. All manufactured slopes supporting future residential pads will be compacted to achieve a County of Orange Safety Standard Factor of I.S. This Standard Condition will be verified by the Manager, County of Orange, PDSD /Subdivision and Grading, as Services part of the plan check process. 3.1.3 Project design shall incorporate the recommendations of a geotechnical assessment and shall comply with the Uniform Building Code. Measures include: corrective measures for landslides and slide materials, earthwork stabilization during construction, removal and /or recompaction of unconsolidated deposits, remedial grading, and erosion control (County Standard Condition G1). This Standard Condition will be verified through the grading permit process by the Manager, PDSD /Subdivision and Grading Services, prior to issuance of grading permits. 3.1.4 Prior to the issuance of any grading permits, if review of the grading plan for this property by the Manager, PDSD /Subdivision and Grading Services, indicates significant deviation from the proposed grading illustrated on the approved tentative tract map, specifically with regard to slope Page 3 heights, slope ratios, and pad evaluations and configuration, the plan. shall be reviewed by the Subdivision Committee for finding of substantial conformance. Failure to achieve such a finding will require processing a revised tentative tract map or, if a final tract /parcel map has been recorded, a new tentative tract /parcel map or a site development permit application per Orange County Zone Cade Section 7 -9 -139 and 7 -9 -150 (County Standard Condition G2). Gectechnical Report The County requires the preparation of a gectechnical report for all grading projects. The gectechnical report will include the mitigation measures and standard conditions identified below. 3.1.5 A. Prior to issuance of grading permits, grading plans for all projects in the Newport Ridge Planned Community shall be consistent with the County of Orange Grading Cade and any other approved Newport Ridge Planned Community document meeting the approval of the Manager, PDSD/ Subdivision and Grading Services Division. Grading plans shall be accompanied by geological and sail engineer reports and shall incorporate all pertinent recommendations. The sails engineer and engineering geologist must certify the suitability of a graded site prior to clearance for issuance of a building permit. B. During final design, consideration will be given in the sails engineering report for designing building pads to include overexcavation of a minimum of five feet, to allow for excavation for shallow footings and utility trenches. (Bonita Canyon FEIR Mitigation Measure GS -3) 3.1.6 A. During development of final grading plans and final design, areas designated as requiring ripping or blasting, or producing oversize materials greater than eight inches, will be mitigated as follows: Minimum cuts will be utilized and where deeper excavations can not be avoided, site specific refraction geophysical surveys and additional exploratory drilling will be required. Blasting should be avoided, especially in areas involving the Paularino Member of the Topanga Formation. Where blasting is required, typical blasting and monitoring techniques will be used in order to minimize noise and dust associated with blasting activities. (Bonita Canyon FEIR Mitigation Measure GS -1) B. If oversize materials are discovered during final design, proposed roads with underground sewer, water, and /or utility lines will be designed with final grades that will be undercut by 15 feet and backfilled without oversize materials to allow for the ease of excavation for utilities in the future. If existing sail conditions do not contain oversize materials, the gectechnical engineer may determine an alternate appropriate grade to undercut roads with underground utilities. (Bonita Canyon FEIR Mitigation Measure GS -2) Page 4 C. During grading, all oversize materials used in fills on PA 22 will be either crushed or placed in windrows or rock blankets in accordance with minimum standard grading standards. (Bonita Canyon FEIR Mitigation Measure GS -4) D. During grading, if suitable space in deep fills is not available for rock disposal, disposal of the rock on the site will be in areas designated to be non - structural, or this material will be disposed of off site. (Bonita Canyon FEIR Mitigation Measure GS -5) E. To optimize grading in the landslide areas, a detailed geotechnical evaluation of each landslide will be prepared during the preparation of the final grading plan. This evaluation will include geotechnical field exploration, stability analyses, and observation during grading. (Bonita Canyon FEIR Mitigation. Measure GS -6) D. During grading, identified landslides will be altered by removal of an average of the upper 15 feet of landslide material and stabilization by fill placement (burial of the landslide toe or the entire landslide) , complete removal of the landslides, or establishment of a structural setback zone for development, consistent with the final grading plan and the detailed geotechnical evaluation. (Bonita Canyon FEIR Mitigation Measure GS -7) E. During final design, specific remediation for debris flows (i.e., erosion) will be identified as needed. The debris flows will be mitigated by engineered treatment of the areas where they originate, avoidance of the area, or by directing the flow path away from areas proposed for development. Such engineered solutions may include debris basins and deflection walls for directing debris flows into natural or man-made channels. These design and engineering features will be considered on a case by case basis as needed. (Bonita Canyon FEIR Mitigation Measure GS -8) F. During grading and final design, natural slopes and cut slopes requiring stabilization will be treated with appropriate engineering techniques such as buttresses, stabilization fill, a fill over native design, or a building setback zone, as needed. (Bonita Canyon FEIR Mitigation Measure GS -9) G. During grading, the upper marine terrace deposits on PA 22 will be excavated to a depth of five feet below the existing ground surface, and these materials will be removed and possibly replaced as properly compacted fill. Overexcavation will be required in all areas planned to receive fill and in areas where proposed cuts are less than five feet. Locally, deeper removals may be necessary based on conditions exposed during grading. At a minimum, the upper two feet of the river terrace deposits on PA 22 Page 5 will require removal and recompaction prior to fill placement. Locally, removals in excess of two feet may be required, particularly in the northeastern portion of the site. In areas receiving fill or where structure developments are planned, slopewash shall be completely removed. In all cases, the actual removal depths must be checked by the project geologist or geotechnical engineer during grading. (Bonita Canyon FEIR Mitigation Measure GS -10) H. Waiting periods between completion of earthwork operations and structure construction will be established based on the results of settlement monitoring during and after completion of grading. These waiting periods will be followed during grading and construction. (Bonita Canyon FEIR Mitigation Measure GS -11) I. During final design, proposed structure foundations in areas of marine and river terrace deposits will incorporate special design features such as extra reinforcement and post- tensioned slabs. (Bonita Canyon FEIR Mitigation Measure GS -12) S. During grading, a minimum five feet of soil cover shall be maintained between earthmoving equipment and the existing underground pipelines on the site. With the five feet of minimum cover, the maximum vertical stresses induced on the pipeline are estimated at 3,200 pounds per square inch (psf). (Bonita Canyon FEIR Mitigation Measure GS -13) K. To mitigate potential hydroconsolidation settlements of up to 1 inches, a structural engineer will determine whether the existing underground pipelines on the site are able to tolerate such settlements. If not, the final grading plans will be modified to promote run off and irrigation, and landscaping shall be planned for drought resistant species. The pipeline owners /operators should evaluate the ability of the pipeline to absorb the estimated stresses and settlements without damage. (Bonita Canyon FEIR Mitigation Measure GS -14) L. During final design, all canyon bottoms and local areas of groundwater in bedrock prepared for fill placement will be designed with conventional subdrain installations and outlet to non - erosive drainage devices in the canyons. (Bonita Canyon FEIR Mitigation Measure GS-IS) IMPACTS RELATED TO SOILS AND GEOLOGY Potentially Significant Impacts Related to Soils and Geology Fill materials composed of silty and clayey sands on PA 22 are expected to have negligible to medium expansion potential. Fill materials from siltstone and claystone are expected to be highly to very highly expansive. Soil materials on the PA 22 site may be corrosive to concrete. Excavation on the PA 22 site, particularly the northwest part of the site, could encounter volcanic rocks of the Paularino Member of the Topanga Formation. This rock material could be difficult to rip, could require blasting and could result in the generation of large quantities of rock in excess of eight inches. Page 6 Potential slope instability is anticipated in both cut and natural slopes or. PA 22, based on the geology, natural and manmade topographic features, and existing landslides and debris flows on the site. PA 22 is subject to seismic shaking although no active faults cross this site. There are only minor existing debris flows on PA 22. Finding Related to Soils and Geology Changes or alterations have been required or incorporated in the PA 22 General Plan Amendment, Zone Change and Community Profile Amendment which avoid or substantially lessen this potentially significant adverse effect of the project. Facts in Support of the Finding Related to Soils and Geology The mitigation measures and conditions of approval related to earth resources from FEIR 517 and the Bonita Canyon FEIR apply to and shall be implemented with the PA 22 development. These measures and conditions are ongoing from the prior environmental documentation. Bonita Canyon FEIR determined the PA 22 project will not result in adverse impacts related to geology and soils with Mitigation Measures GS -1 through GS -15, which mitigate potential geological, soil, and seismic related impacts to below a level of significance. These measures and conditions were described in the Landform and Topography discussion. IMPACTS RELATED TO HYDROLOGY AND WATER QUALITY Potentially SicMificant Impact Related to AvdrologY and Water Oualit The Bonita Canyon FEIR determined that development of the PA 22 project site will not have significant adverse impacts related to surface hydrology or drainage. Although the SJHPC FEIR No. 517 did not directly discuss potential impacts related to the PA 22 area, EIR 517 analyzed the effects on infrastructure resulting from the buildout of 2,556 units. The addition of PA 22 to the SJHPC will not change the maximum allowable units approved to be developed. Impacts from the proposed and previously approved project identified in the two previous FEIRs apply to the PA 22 development. The hydrological impacts of the proposed project are consistent with or less than those identified in the comprehensive analysis of project impacts environmentally cleared in FEIR No. 517 and in the Bonita Canyon FEIR. The removal of unsuitable soils in canyon bottoms and areas of river deposits may be impacted by the presence of groundwater. This may represent a potentially significant constraint to conventional construction methods in these areas. Page 7 Construction on PA 22 could result in potentially significant short term adverse impacts on water quality in Upper Newport Bay, related to erosion and sedimentation during construction. Finding Related to Hydrology and water Ouality Changes or alterations have been required or incorporated in the PA 22 General Plan Amendment, Zone Change and Community Profile Amendment which avoid or substantially lessen this potentially significant adverse effect of the Project. Facts in Support of the Finding Related to Hydrology and water Quality Implementation of the following County of Orange Standard Conditions of Approval and special mitigation measures will substantially lessen or avoid impacts of the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment related to water quality in Upper Newport Bay and will reduce these potentially significant adverse impacts to below a level of significance. County of Orange Standard Conditions of Approval 3.4.1 Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the issuance of any grading permits, whichever comes first, the following drainage studies shall be submitted to and approved by the Manager, PDSD {Subdivision and Grading Services Division: A. A drainage study of the subdivision including diversions, off -site areas that drain onto and/or through the subdivision, and justification of any diversions; and B. When applicable, a drainage study evidencing that proposed drainage patterns will not overload existing storm drains; and C. Detailed drainage studies indicating how the tract map grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 year flood (County Standard Condition D1). 3.4.2 A. Prior to the issuance of any building permits, the applicant shall participate in the applicable Master Plan of Drainage in a manner meeting the approval of the Manager, PDSD {Subdivision and Grading Services Division including payment of fees and the construction of the necessary facilities (County Standard Condition D4.1). B. Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only), the subdivider shall participate in the applicable Master Plan of Drainage in a manner meeting the approval of the Manager, PDSD {Subdivision and Grading Services Division, including payment of fees and the construction of the necessary facilities (County Standard Condition D4.2). Page 8 The Master Plan B Drainage prepared for the site provides the following measures: A. Prior to issuance of a grading permit, the applicant /developer shall install erosion and sedimentation control devices during construction to protect the channels and prevent excessive sediment loading in storm runoff, as well as mitigate impacts to Areas of Special Biological Significance meeting approval of the Manager, PDSD /Subdivision and Grading Services Division. B. Prior to issuance of a grading permit, the applicant /developer shall place sandbags across streets where necessary, deoend'_ng upon size of catchment and sediment yield. C. Prior to issuance of building permits, the develoner /applicant shall demonstrate that store drains have been installed to convey runoff to well defined channels meeting the approval of the Manager, PDSD /Subdivision and Grading Services Division. Detention and retention basins will be implemented with development of residential uses to reduce peak discharge in balance with the reduction of sediment yield. 3.4.3 Prior to the issuance of a grading permit, the project proponent shall be submitted to the Manager, PDSD /Subdivision and Grading Services Division, for review and approval of, an erosion control program. This program will indicate that proper control of siltation, sedimentation and other pollutants will be implemented as required in the Orange County Grading Code and Grading Manual. 3.4.4 Prior to the recordation of the final tract /parcel map, or prior to the issuance of any grading permit, whichever comes first, if determined necessary by the Manager, Subdivision and Grading Services Division, a letter of consent, in a form approved by the Manager, Subdivision and Grading Services, suitable for recording, shall be obtained from the upstream and /or downstream property owners, permitting drainage diversions and /or unnatural concentrations (OC Standard Condition D3). 3.4.5 A. Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the issuance of any grading permits, whichever comes first, the applicant shall in a manner meeting the approval of the Manager, PDSD /Subdivision and Grading Services Division: 1. Design provisions for surface drainage; 2. Design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and 3. Dedicate the associated easements to the County of Orange, if determined necessary. B. Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the issuance of any certificates of use and occupancy, whichever occurs first, said improvements shall be constructed in a manner meeting the approval of the Manager, Construction (County Standard Condition D2). Page 9 C. Incorporation of either "dry" or "wet" type retention basins, which would be recommended by the project water quality consultant for approval by the County of orange and RWQCB. 3.5.1 If determined applicable by the Manager, Environmental Resources Division, prior to recordation of any final tract map, or the issuance of any building permits if no tentative map is involved, the applicant shall provide appropriate stormwater pollution control plans related to the site's structural and non - structural Best Management Practices (BMPs) for compliance with the 1990 National Pollution Discharge Elimination System (NPDES) Stormwater Regulations, in a manner meeting the approval of the Manager, Flood Programs and Environmental Resources. 3.5.2 Prior to the recordation of a subdivision map, or issuance of precise grading permits or building permits, whichever comes first, the applicant shall submit and obtain approval from the Manager, PDSD /Subdivision and Grading Services Division, of a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on -site to control predictable pollutant runoff. This WQMP shall identify, at a minimum, the routine, structural and non - structural measures specified in the County wide NPDES Drainage Area Management Plan (DAMP) Appendix which details implementation of BMPs whenever they are applicable to a project, the assignment of long -term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, shall reference the location(s) of structural BMPs. 3.5.3 Prior to issuance of any grading permits, the applicant shall submit evidence to the Manager, PDSD /Subdivision and Grading Services Division, that the applicant has obtained coverage under the NPDES Statewide General Stormwater Permit from the State Water Resources Control Board. 3.5.4 Prior to the issuance of a grading permit, evidence shall be submitted that meets the approval of the Manager, PDSD /Subdivision and Grading Services Division, that all general contractors, subcontractors, material suppliers, lessees, and property owners within the Newport Ridge Planned Community will be notified that no dumping of chemicals into the storm drain system or the watershed is allowed. 3.5.5 Prior to issuance of any grading permits, the applicant shall submit evidence to the Manager, PDSD /Subdivision and Grading Services Division, that the applicant has obtained coverage under the NPDES statewide General Stormwater Permit for Construction Activities from the State Water Resources Control Board (County Standard Condition WQ4). IMPACTS RELATED TO AIR QUALITY Potentially Significant "Iamact Related to Short Term Impacts During Construction Construction on the approximately 618 acres of PA 22 proposed for development could result in short term air quality emissions during construction that exceed the thresholds defined by the South Coast Air Quality Management District (AQMD) for construction related emission. Page 10 Finding Related to Short Term Impacta During Construction Changes or alterations have been required or incorporated in the PA 22 General Plan Amendment, Zone Change and Community Profile Amendment which avoid or substantially lessen this potentially significant adverse effect of the change. Facts in Support of the Finding Related to Short Term Impacts During Construction Implementation of for following OC Standard Conditions of Approval and mitigation measures will substantially lessen or avoid the impact of the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment related to short term air quality and will reduce this potentially significant adverse impact to below a level of significance: County of Orange Standard Conditions of Approval 3.3.1 In order to reduce impacts on nearby sensitive receptors, the following fugitive dust control measures shall be implemented by the developer during or after grading: i ° A vegetative ground cover shall be established within 30 days after active construction operations have ceased; and ground cover must be of sufficient density to expose less than 30 percent of unstabilized ground within 90 days of planting and at all times thereafter (SCAQMD Rule 403, Table 2 (3C], amended July 9, 1993). ° All active portions of the construction site shall be watered to prevent excessive amounts of dust. On -site vehicle speed shall be limited to 15 mph. All on -site roads shall be paved as soon as feasible, watered periodically, or chemically stabilized. ° All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the day. ° All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 episodes. ° All material transported off site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. ° The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. 3.3.2 The proposed project will be required to comply with Title 24 of the California Code of Regulations established by the Energy Commission regarding energy conservation standards. The project applicant shall incorporate the following in building plans: ° Planting trees to provide shade and shadow to buildings, Page 11 Solar or low- emission water heaters shall be used with combined space /water heater units,: • Refrigerator with vacuum power insulation, • Double -paned glass or window treatment for energy conservation shall be used in all exterior windows, ° Energy- efficient low- sodium parking lot lights shall be used. Bonita Canyon FEIR Mitigation Measures 3.3.3 During all site preparation, grading, and construction activities, particulate control measures, consistent with Tables 1 and 2 of Air Quality Management District (AQMD) Rule 403, will be implemented by the construction contractors, for the control of PM10 related emissions. (Bonita Canyon FEIR Mitigation Measure AQ -1) 3.3.4 Construction contractors will be required to use low emission mobile construction equipment during all site preparation, grading, and construction activities, where feasible. (Bonita Canyon FEIR Mitigation Measure AQ -2) 3.3.5 Construction contractors will be required to maintain all construction equipment engines tuned consistent with the manufacturer's specifications during all site preparation, grading and construction activities. (Bonita Canyon FEIR Mitigation Measure AQ -3) 3.3.6 Construction contractors will be required to use low sulfur fuel for stationary construction equipment as required by AQMD Rules 431.1 and 431.2, and will be required to use existing power sources and clean fuel generators as feasible, during all site preparation, grading, and construction activities. (Bonita Canyon FEIR Mitigation Measure AQ -4) 3.3.7 Construction contractors will be required to provide traffic management and parking during all site preparation, grading, and construction to minimize impacts associated with traffic and parking. This may include, but is not limited to, the followingz ° Configuring construction parking to minimize interference with Traffic on local streets. • Minimizing obstruction of through traffic on local streets. • Providing a flag person to properly guide traffic and ensure safety at construction sites. ° Scheduling operations affecting traffic for off peak hours, where feasible. ° Implementing a trip reduction plan to achieve a 1.5 average vehicle ridership (AVR) for construction employees. ° Developing a traffic plan to minimize traffic flow interference from construction activities, including, but not limited to, advance public notice of routing, use of public transportation and satellite parking areas with a shuttle service, as appropriate. (Bonita Canyon FEIR Mitigation Measure AQ -5) Page 12 Mitigation Measures 3.3.3 through 3.3.7 will be included in the construction plans, and will be verified by the Manager, PDSD /Subdivisio, and Grading, during plan check prior to issuance of grading permits. Potentially Significant Impact Related to Long Term Regional Emissions The long term regional air quality emissions associated with PA 22 will exceed the thresholds of significance defined by the AQMD. Rowever these thresholds were developed based on point source emissions such as smokestacks and not mobile source emissions such as motor vehicles. In addition, the Air Quality Management Plan assumed land uses for PA 22 which are the same as the proposed Project. Therefore, the long term adverse air quality impact associated with PA 22 is not significant. Finding Related to Long Term Regional Emissions Changes or alterations have been required or incorporated in the Project which avoid or substantially lessen this potentially significant adverse effect of the project. Facts in Support of the Finding Related to Long Tern Regional Emissions The PA 22 General Plan Amendment, Zone Change and Community Profile Amendment includes the following features which will substantially lessen or avoid the impact of the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment related to long term regional air quality and will reduce this potentially significant adverse impact to below a level of significance: o Bicycle lanes /trails are provided on the site, connecting to regional trails, as shown in Section 3.12 (Recreation) in the Final EIR for the PA 22 zone change. o The ingress and egress at all entrances to the site and to individual land uses on the site will be designed consistent with the County of Orange standards to minimize vehicle idling at curbsides. o Energy efficient street lighting, widow glazing, wall insulation and efficient hearing, cooling and ventilation methods will be used in construction, consistent with the California Uniform Building Code. IMPACTS RELATED TO BIOLOGICAL RESOURCES Potentially Significant Impact Related to Native Plant communities and Wildlife The proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment will result in the removal of 78 acres of native plan communities, including 52.9 acres of Venturan -Diegan sage scrub, 15 acres of seasonal wetlands and four acres of riparian habitat. The loss of these native plan communities will directly impact wildlife, particularly the California gnatcatcher, associated with these areas. The preservation areas on the site, which are consistent with the Natural Communities Conservation Plan (NCCP) reserve areas, will beneficially affect native plant and animal species on PA 22. Page 13 Bindings Related to Nativa Plan Communities and wildlife Changes or alterations have been required or incorporated in the PA 22 General Plan Amendment, Zone Change and Community Profile Amendment which avoid or substantially lessen this potentially significant adverse effect of the project. In addition, the dedication of approximately 1,000 acres of open space in Preservation Area M in association with the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment will also beneficially affect native plant and animal species. Facts in Support of the Finding Related to Native Plan Communities and Wildlife Implementation of the following County of orange Standard Conditions of Approval and mitigation measures from Final EIR 517 and the Bonita Canyon FEIR identified project specific mitigation measures. These measures and conditions are ongoing from the prior environmental documentation, and are requirements which will substantially lessen or avoid impacts of the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment related to biological resources. County of Orange Standard Conditions of Approval 3.6.1 Prior to the issuance of a grading permit, the applicant shall provide proof that the appropriate Federal approvals required for impacts to coastal sage scrub have been obtained from the U.S. Fish and Wildlife Services, in a manner meeting the approval of the Manager, PDSD /Subdivision. and Grading Services Division, in consultation with the Manager, Environmental and Project Planning. (County Standard Condition EP1) 3.6.2 A. As required by participation in the Natural Community Conservation Planning /Coastal Sage Scrub (NCCP) agreement signed by the County on May 1, 1992, prior to the issuance of any grading permit, the project applicant shall provide an accounting summary in acres, or portions thereof, of coastal sage scrub scheduled to be impacted by removal through grading meeting the approval of the Manager, Environmental and Project Planning Services Division(County Standard Condition EP2). B. Notwithstanding the tentative tract map, no grading will occur within the NCCP enrolled area except as in a manner meeting the approval of the Manager, Environmental and Project Planning, with concurrence of the Manager, Resource Planning (County Standard Condition EP2). 3.6.3 Prior to the issuance of any grading permit, approval of any activity that involves removal of any native vegetation from subject site including clearing, grubbing, mowing, discing, trenching, grading, fuel modification, or other related construction- related activities, the applicant shall obtain written proof from the V.S. Fish and Wildlife Services that said activity complies with the Federal Endangered Species Act. This evidence shall be submitted to the Manager, PDSD /Subdivision and Grading Services Division, for review and approval, in consultation with the Manager, Environmental and Project Planning Services Division(County Standard Condition EP3). Page 14 3.6.4 Prior to the recordation of a subdivision map which creates building sites or the issuance of grading permits, whichever occurs first, the applicant shall submit a landscape and tree preservation plan to the Manager, Asset Management, for review and approval, prior to the recordation of a subdivision map or issuance of any grading permits, the tree preserratic- plan shall have been approved by the Manager, Asset Ma.-iagement (Cc=ty Standard Condition HP91. Bonita Canyon FEIR Mitigation Measures 3.6.5 California Gnatcatcher. The NCCP proposes that certain ccn.structicn related minimization measures be required to assure that site preparatic -, grading, or construction within areas authorized for incidental take cf coastal sage scrub (CSS) be conducted in a way that minimizes `_.reacts on gnatcatchers. The following measures are adapted from the Final�NCZP EIR /EIS. A. Prior to issuance of a grading permit, where it has been determined that the CSS habitat is occupied by nesting gnatcatchers, cr witlin 50o feet of an active nest, all activities of any kind involving remcval cf CSS habitat shall be prohibited during the breeding seascn from February 15 to July 15. It is understood that this and the remaining provisions of the construction related minimization measures apply only to the breeding season, and are subject to public health and safety considerations. Prior to any site preparation, grading, or construction related activities that would involve disturbance to CSS during the breeding season, a survey will be conducted by a qualified biologist to determine whether gnatcatchers may be present within 100 feet of the outer extent of projected soil disturbance activities. These surveys will consist of a series of seven visits, and will follow USFWS guidelines. The locations of any gnatcatchers detected during the surveys will be clearly marked and identified on the construction /grading plans. In addition, prior to site preparation, grading, or construction, all areas of CSS habitat to be avoided under the provisions of the NCCP shall be identified with temporary fencing or other markers clearly visible to construction personnel. This fencing will be identified on the grading plans. B. A qualified monitoring biologist will be on site during any clearing of CSS during the breeding season. The landowner or relevant public agency /utility will advise USFWS and California Department of Fish and Game (CDFG) at least seven, and preferably, 14 calendar days prior to the clearing of any habitat occupied by gnatcatchers. It is the responsibility of the monitoring biologist to assure that all construction activities stay in the construction easement and that gnatcatchers are able to disperse from the constructicn area to avoid being directly impacted by site preparation, grading, or construction related activities. C. Following the completion of initial grading /earth movement activities during the breeding season, all areas of CSS habitat to be avoided by construction equipment and personnel will be marked with temporary fencing or other markers clearly visible to construction personnel. No construction access, parking, or storage of equipment will be permitted Page 15 within such marked areas. In areas bordering the NCCP Reserve system or Special Linkage areas containing significant CSS, vehicle transportation routes between grading/ construction locations will be restricted to a minimum number during construction, consistent with the project construction requirements. Waste dirt or rubble will not be deposited on adjacent CSS identified to be protected. CSS identified for protection and located within the likely dust drift radius of construction areas will be periodically sprayed with water to reduce accumulated dust or. the leaves, as recommended by the monitoring biologist. Pre - construction meetings involving the monitoring biologist, construction supervisors, and equipment operators will be conducted and documented to ensure adherence to these measures. (Bonita Canyon FEIR Mitigation Measure B -1) 3.6.6 Wetlands and Riparian Habitats. Prior to the issuance of a grading permit, the impacts on riparian habitats will be mitigated to below a level of significance as part of the mitigation required for a Section 404 Permit (ACOE) and Section 1603 Agreement (CDFG) for impacts on these habitats, and meeting the approval of the Manager, PDSD /Subdivision and Grading Services Division, with concurrence from the Manager, Environmental and Project Planning Services Division. The permit and agreement will require the replacement of these habitats in such a manner as to result in no net loss of wetlands and riparian resources. Therefore, some restoration is anticipated for those resource values lost as a result of the PA 22 development. Impacts are expected to be mitigated by revegetation and remediation through consultation with the resource agencies. A riparian revegetation plan will be prepared and coordinated with the ACE and CDFG as necessary. The requirements of the permit and agreement will be incorporated into the riparian revegetation plan and overall mitigation monitoring process. Potential locations that may be suitable for revegetation /restoration as replacement of lost riparian resources on site include the arroyo park area in the western portion of PA 22, in the vicinity of Bonita Reservoir, or along the drainage below the San Joaquin Reservoir. In addition, the Irvine Company is an important partner in the implementation of the San Joaquin Marsh mitigation area program. Preservation Area M, in the San Joaquin Marsh wetland mitigation area, may be suitable for off -site revegetation /restoration, and /or on other sites designated by the CDFG and the ACE. By replacing impacted habitat within the vicinity, consistent with the NCCP reserve design, no' net loss of wetland habitat values will be incurred over the long term. (Bonita Canyon FEIR Mitigation Measure B -2) Note: The mitigation measure described above is from the previous PA 26 Zone Change EIR, which covered a larger project area. The current measure applies only to the portion of the currently proposed PA 22 development site that includes the drainage area below the San Joaquin Reservoir near the northern boundary of PA 22 along Bonita Canyon Road. Page 16 IMPACTS RELATED TO NOISE Potentially SicMificant Impact Related to Noise Impacts Grading and other construction activities on PA 22 could result in high short term temporary noise levels which could impact existing adjacent residential areas. Finding Related to Noise Impacts Changes or alterations have been required or incorporated in the PA 22 General Plan Amendment, Zone Change and Community Profile Amendment which avoid or substantially lessen this potentially significant adverse effect of the project. Facts in Support of the Finding Related to Noise Impacts The County of Orange standard condition of approval related to noise that applies to the PA 22 development are shown below and in Section 4.0 of this document. The SJHPC FEIR No. 517 identifies Mitigation Measure 4.9.9, and the Bonita Canyon FEIR identifies Mitigation Measures N -1 through N -4 for construction related noise impacts. For on -site noise impacts, the County's standard conditions of approval related to the requirement for acoustical reports for residential and other developments, consistent with the County Noise Ordinance, would substantially reduce or avoid significant adverse noise impacts on the PA 22 site. In addition, FZIR No. 517 identifies Mitigation Measures 4.9.1 through 4.9.6 and 4.9.8 for residential and general uses. (Note: Mitigation Measure 4.9.7 pertains to non - residential uses. PA 22 is designated as residential only. As stated in FEIR No. 517 and the Bonita Canyon FEIR, the mitigation measures and conditions will substantially mitigate the potential adverse off -site noise impacts of the proposed PA 22 development to below a level of significance. Therefore, no additional mitigation is necessary. County of Orange Standard Conditions of Approval 3.11.1 Prior to the issuance of any grading permits, the project proponent shall produce evidence acceptable to the Manager, PDSD /Subdivision. and Grading Services Division that: A. All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with properly operating and maintained mufflers. B. All operations shall comply with Orange County Codified Ordinance Division 6 (Noise Control). C. Stockpiling and /or vehicle staging areas will be located as far as practicable from dwellings. Notes in the above format, appropriately numbered and included with other notations on the front sheet of the grading plans under General Notes, will be considered as adequate evidence of compliance with this condition. Page 17 3.11.2 All residential lots and dwellings shall be sound attenuated against present and projected noise which shall be the sum of all noise impacting the project so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNGL in all habitable rooms. Evidence prepared by a County certified acoustical consultant, that these standards will be satisfied in a manner consistent with applicable zoning regulations, shall be submitted as follows: A. Prior to the recordation of a final tract map or prior to the issuance of grading permits, as determined by the Manager, PDSD /Subdivision and Grading Services Division, the applicant shall submit an acoustical analysis for approval. The report shall describe in detail the exterior noise environmental and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. B. Prior to the issuance of any building permits for residential construction, an acoustical analysis report describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards shall be submitted to the Manager, PDSD /Subdivision and Grading Services Division, for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the project's plot plan illustrating height, location and construction in a manner meeting the approval of the Manager, PDSD /Subdivision and Grading Services Division. Bonita Canyon FEIR Mitigation Meaaurea 3.11.3 Prior to the issuance of any grading permits, the project proponent shall produce evidence acceptable to the Manager, PDSD /Subdivision and Grading Services Division that: A. Local Control of Construction Hours. All site preparation, grading, and construction activities shall be limited to between 7 a.m. and 7 p.m. on weekdays, and 9 a.m. and 6 p.m. on Saturdays. No site preparation, grading, or construction will be allowed on Sundays or federal holidays, unless otherwise exempted by the County of Orange. (Bonita Canyon FEIR Mitigation Measure N -1) B. Limits on Truck Speed. During all site preparation, grading, and construction, the speed of trucks will be limited to 15 miles per hour (mph) while traveling on the PA 22 site. (Bonita Canyon FEIR Mitigation Measure N -2) C. Truck Routes. During all site preparation, grading, and construction, trucks and large construction vehicles will be restricted from traveling through residential areas. Truck routes to Page 18 and from the PA 22 site shall be limited to the San Joaquin Hills Transportation Corridor ( SJHTC) , Newport Coast Drive, Bison Avenue, and Bonita Canyon Road between MacArthur Boulevard and the SJHPC, to the greatest extent passible. In the event travel routes for construction equipment and /or trucks include any streets in the City of Newport Beach other than MacArthur Boulevard or Ford Road east of MacArthur Boulevard, the construction contractor will be required to have the travel route reviewed by the City of Newport Beach Transportation and Development Services Manager, for consistency with the City of Newport Beach rules and regulations. (Bonita Canyon FEIR Mitigation Measure N -3) D. Pile Drivers. The use of pile drivers will be avoided to the greatest extent feasible during construction. (Bonita Canyon FEIR Mitigation Measure N -4) Notes in the above format, appropriately numbered and included with other notations on the front sheet of the grading plans under General Notes, will be considered as adequate evidence of compliance with this condition. IMPACTS RELATED TO LAND USE The proposed PA 22 General Plan Amendment, Zane Change and Community Profile Amendment will not result in significant adverse impacts related to existing or planned land uses on and around PA 22. No mitigation is required. IMPACTS RELATED TO TRANSPORTATION AND CIRCULATION Potentially—Sianificant Impact Related to Impacts on Intersections in the Interim The SJHPC FEIR No. 517 and the Bonita Canyon FEIR determined the Bonita Canyon project will have adverse impacts related to traffic and circulation. In the interim planning period, the land uses on PA 22 under the proposed zone change could result in a potentially significant adverse impact on the operations of the intersection of MacArthur Boulevard and Bison Avenue, which would have a PM peak hour Intersection Capacity Utilization (ICU) value of 1.07 with the project. All other intersections and road segments meet the performance criteria or are otherwise not adversely impacted by the proposed PA 22 General Plan Amendment, Zane Change and Community Profile Amendment. Finding Related to I=acts on Intersections in the Interim Changes or alterations have been required or incorporated in the PA 22 General Plan Amendment, Zane Change and Community Profile Amendment which avoid or substantially lessen this significant adverse effect of the project. Facto in Support of the: Finding Related to Impacts on Intersections in the Interim Implementation of County of Orange standard conditions of approval and mitigation measures from the Bonita Canyon FEIR and FEIR 517 will substantially lessen or avoid the impact of the proposed PA 22 General Plan Amendment, Zane Change and Community Profile Amendment an one intersection in the interim and will reduce this potentially significant adverse impact to below a level of significance. Page 19 County of orange Standard Conditions of Approval 3.10.1 Prior to the recordation of a subdivision map (except maps for financing and conveyance only) , the subdivider shall design and construct the following improvements in accordance with plans and specifications meeting the approval of the Manager, PDSD /Subdivision and Grading Services Division: A. Streets, bus stops, on -road bicycle trails, street names, signs, striping and stenciling. B. The water distribution system and appurtenance which shall also confirm to the applicable laws and adopted regulations enforced by the County Fire Chief. C. Underground utilities (including gas, cable, electrical and telephone) street lights, and mailboxes. 3.10.2 Prior to the issuance of any grading permits, adequate sight distance shall be provided at all street intersections per Standard Plan 1117 in a manner approved by the Manager, Transportation Programs. This includes any necessary revisions to the plan such as removing slopes or other encroachments from the limited use area. 3.10.3 Prior to the recordation of a subdivision map, the subdivider shall release and relinquish vehicular access rights to all arterial highways to the County of Orange, except for access locations approved by the County of Orange, and notes to this effect shall be lettered on the final map and approved by the Manager, PDSD /Subdivision and Grading Services Division (County Standard Condition T1). 3.10.4 Prior to the recordation of a subdivision map (except maps for financing and conveyance only), the subdivider shall place a note on the map that states: "The private streets constructed within this map shall be owned, operated, and maintained by the developer, successors, or assigns. The County of Orange shall have no responsibility, therefore, unless pursuant to appropriate sections of the Streets and Highways Code of the State of California, the said private streets have been accepted into the County Road System by appropriate resolution of the Orange County Board of Supervisors" (County Standard Condition T2). 3.10.5 A. Prior to the recordation of each subdivision map (except maps for financing and conveyance only), the subdivider shall submit to the Manager, Land Use Planning, for review and approval, a procedure or method that will ensure that each proposed building site will have a guaranteed right of vehicular and pedestrian ingress and egress access from each building site to a publicly maintained street. The approved procedure or method shall be lettered /shown on the subdivision map. Page 20 B. Prior to the issuance of any building permits, the applicant shall produce evidence acceptable to the Manager, Land Use Planning, that legal, practical access exists from the development site to a publicly maintained street (County Standard Condition T3). Bonita Canyon FBIR Mitigation Measures 3.10.6 The lane deployment for the westbound approach of the intersection of MacArthur Boulevard and Bison Avenue will be modified by converting the second westbound through lane on Bison Avenue to a third westhound left turn lane. (Bonita Canyon FEIR Mitigation Measures T -1) 3.10.7 The lane deployment for the westhound approach of the intersectior. of University Drive and Ridgeline Drive will be modified by converting the westbound through lane on Ridgeline Drive to a shared westbound through /second right turn lane. (Bonita Canyon FEIR Mitigation Measures T -2) Potentially Significant Impact Related to Impacts on Intersections in the Long Term In the long term planning period, the land uses on PA 22 under the proposed zone change could result in a potentially significant adverse impact on the operations of the intersection of University and Ridgeline Drives, which would have a AM peak hour ICU value of 0.93 with the project. All other intersections and road segments meet the performance criteria or are otherwise not adversely impacted by the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment. Finding Related to Impacts on Intersections in the Lona Term Changes or alterations have been required or incorporated in the PA 22 General Plan Amendment, Zone Change and Community Profile Amendment which avoid or substantially lessen this significant adverse effect of the project. Fact in Support of the Finding Related to Impacts on Intersections in the Long Term Implementation of County of Orange standard condition of approval and mitigation measures listed in the Impacts on the Operations of Intersection section of this document will substantially lessen or avoid the impact of the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment related to the impact on one intersection in the long term and will reduce this potentially significant adverse impact to below a level of significance. IMPACTS ON PUBLIC SERVICES AND UTILITIES Potentially Significant Impact Related to Public Services and utilities The proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment may result in the need for additional police and fire services and facilities. The construction of the PA 22 land uses may result in a temporary adverse impact on existing utilities on the site. Page 21 Finding Related to Public Services and utilities Changes or alterations have been required or incorporated in the PA 22 General Plan Amendment, Zone Change and Community Profile Amendment which avoid or substantially lessen this potentially significant adverse effect of the project. Fact in SuPPort of the Finding Related to Public Services and utilities Implementation of County of Orange Standard Conditions of Approval and mitigation measures from Bonita Canyon FEIR and FEIR 517 will substantially lessen or avoid the impact of the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment related to public services and utilities and will reduce this potentially significant adverse impact to below a level of significance. County of Orange Standard Conditions of Approval 3.12.1 Prior to the recordation of any subdivision map, the applicant stall obtain approval of the Director of Fire Services or his designee, in consultation with the Manager, Environmental and Project Planning Services Division and, if adjacent to a present or potential NCCP Reserve, the Administrator, Planning and Zoning, in consultation with the Manager, ABP, Asset Management, of a conceptual fuel modification plan and program. The Orange County Fire Authority Development Review Section will be contacted for the requirements and clearance of this condition, in accordance with County of Orange Ordinance No. 3959. (NCCP Reserve boundaries have been adopted for the Central /Coastal Subregion.)(County Standard Condition FP7). 3.12.2 Prior to the issuance of any grading permits, the applicant shall obtain approval of the Director of Fire Services or his designee, in consultation with the Manager, Environmental and Project Planning Services Division and, if adjacent to a present or potential NCCP Reserve, the Administrator, Planning and Zoning, in consultation with the Manager, ABP, Asset Management, of a precise fuel modification plan and program, in accordance with County of Orange Ordinance No. 3959. The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation, including the method (mechanical or land labor) for removal of combustible vegetation and the planting of drought tolerant fire resistant plants. (NCCP Reserve boundaries have been adopted for the Central /Coastal Subregion.) (County Standard Condition FP7). 3.12.3 Prior to the issuance of building permits, under the supervision of the Director of Fire Services the developer shall complete that portion of the approved fuel modification plan determined to be necessary by the Director of Fire Services before the introduction of any combustible materials into'the project area (County Standard Condition FP7). 3.12.4 Prior to the issuance of any certificates of use and occupancy, the developer shall install and complete the remainder of the fuel modification under the supervision of the Director of Fire Services. Further, the installed fuel modification shall be established to the degree meeting the approval of the Director of Fire Services. The Page 22 community's Conditions, Covenants, and Restrictions (CCSRs) shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year (County Standard Condition FP7). 3.12.5 Prior to the recordation of a subdivision map, the subdivider shall place a note on the map meeting the approval of the Fire Chief that the property is in a high or very high fire hazard area due to wildla:,d exposure (County Standard Condition FP6). 3.12.6 Prior to the recordation of any final tract map, the subdivider shall place a note on the map meeting the approval of the Fire Chief that the property is in a Special Fire Protection Area and must meet all requirements for development within the area or file for an exclusion with the Fire Chief (County Standard Condition FP6). 3.12.7 Prior to the issuance of any building permits, the applicant shall meet all requirements for development and construction within a Special Fire Protection Area, including, but not limited to, street widths, Class A roof assemblies, and fire sprinklers. 3.12.8 Prior to the recordation of any subdivision map, the applicant shall obtain the Fire Chief's approval, in consultation with the Manager, Environmental and Project Planning Services Division of a conceptual fuel modification plan and program. The Orange County Fire Authority Development Review Section shall be contacted for requirements and clearance of this condition. 3.12.9 Prior to the issuance of any grading permits, the applicant shall obtain the Fire Chief's approval, in consultation with the Manager Environmental Project Planning, of a precise fuel modification plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation. This will include the method (mechanical or hand labor) for removal of combustible vegetation and the planting of drought tolerant fire resistant plants. 3.12.10 Prior to the issuance of building permits, the developer shall have completed, under the supervision of the Fire Chief, that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into the project area. 3.12.11 Prior to the issuance of any certificate of use and occupancy, the remainder of the fuel modification shall be installed and completed under the supervision of the Fire Chief. Further, the installed fuel modification shall be established to a degree meeting the approval of the Fire Chief. The CCiRs shall contain provision for maintaining the fuel modification zones, including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year. Page 23 3.12.12 The Fire Marshal shall have the responsibility and authority to designate all Special Fire Protection Areas. Maps designating such areas are maintained by the Fire Prevention Planning and Development Section of the OCFA. 3.12.13 A property which is designated as being within a Special Fire Protection Area may later be excluded from the Special Fire Protection Area upon a finding by the Fire Chief that inclusion of the property within a Special Fire Protection Area and the application of the Special Fire Protection Area requirements to the property are no longer necessary for effective fire protection within the area to be excluded. The conditions for such an exclusion are as follows: ° A fuel modification zone meeting the requirements of the OCTA as described in the OCFA Fuel Modification Guidelines shall be created and maintained on and /or adjoining the property. 1. The CC&Rs recorded against all property within the homeowners' association shall require specifically budgeted funds sufficient to meet the ongoing maintenance obligations of the applicable fuel modification requirements. 2. The Fuel Modification Zone shall be subject to an annual inspection conducted by a representative of the Fire Marshal in order to assure that the Fuel Modification zone continues to be maintained in compliance with the applicable fuel modification requirements. A reasonable fee, to be established by the OCFA may be charged to each homeowner or homeowners' association subject to the fuel modification requirements to offset the costs of the annual inspection. ° Any occupied structure on any lot which adjoins a Special Fire Protection Area shall be constructed in compliance with all requirements of the Uniform Building Code and Uniform Fire Code and the requirements applicable to dwellings or occupied structures build on lots within Special Fire Protection Areas. For purposes of these guidelines, adjoining means the first row of buildings bordering a Special Fire Protection Area. Fire sprinklers shall not be required unless otherwise provided for by other applicable provisions of the Uniform Building Code or the Uniform Fire Code. In addition, all construction within a tract which is to be removed from a Special Fire Protection Area shall have Class A roof assemblies. To request a conditional exclusion of the property from an Special Fire Protection Area, a letter must be submitted to the Deputy Fire Marshal, OCFA Planning and Development Section, pursuant to the requirements of the Special Fire Protection Area Guidelines, and in accordance with County Ordinance 3959. Page 24 3.12.14 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view and sectional view, and shall indicate the width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead -end street exceeds 150 feet or when other conditions require it. As specified in the Special Fire Protection Area Guidelines, the minimum width of required fire apparatus access roads shall not be less than 29 feet. Fire apparatus access roads serving no more than 3 dwellings and nct exceeding 150 feet in length shall not be less than 24 feet in width. Fire apparatus turnarounds shall be provided in accordance with OCFA Guidelines. All access roads less than 36 feet in width shall be posed as fire lanes in accordance with OCFA Guidelines for Fire Lanes. Street widths less than the required width approved cn vesting tentative maps prior to the effective date of the latest OCFA Special Fire Prctectior. Areas requirements (March 1996) will be evaluated based cn the number of homes serviced, the number and location of access roads approved and the nature of the wildland interface. Bonita Canyon FEIR Mitigation Measures 3.12.15 During final design, the project applicant /contractor will coordinate with the applicable utility companies to determine their needs to accommodate new conduits and to protect existing facilities or PA 22 during construction. (Bonita Canyon FEIR Mitigation Measure PS -1) 3.12.16 Prior to the issuance of building permits, the project developer will submit a construction phasing plan for that subdivisicn to the Orange County Fire Authority. This plan will demonstrate that emergency vehicle access is adequate. (Bonita Canyon FEIR Mitigation Measure PS -2) 3.12.17 Prior to the recordation of the final map, the project developer will enter into a security agreement with the Orange County Fire Authority to mitigate any potential adverse impacts of the PA 22 development on the OCFA. This agreement may include participation on a pro rata basis in funding capital improvements necessary to establish adequate fire protection facilities and equipment to serve PA 22. (Bonita Canyon FEIR Mitigation Measure PS -4) IMPACTS RELATED TO NATURAL RSSOURCSS AND ENERGY The proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment will not result in significant adverse impacts related to natural resources and energy. No mitigation is required. IMPACTS RELATED TO AESTHETICS, LIGHT AND GLARS Potentially Significant Impacts Related to Aesthetics, Liaht and Glare The proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment has the potential of resulting in significant adverse impacts related to aesthetics, light and glare. Page 25 Findin4 Related to Aesthetics. Licht and Glare Changes or alterations have been required or incorporated in the proposed Project which avoid or substantially lessen this potentially significant adverse effect of the proposed project. Facts in Support of the Finding Related to Aesthetics Light and Glare Implementation of the following County of Orange Standard Condition of Approval and mitigation measures from the Bonita Canyon FEIR will substantially lessen or avoid the impact of the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment related to paleontological resources and will reduce this potentially significant adverse impact to below a level of significance. County of Orange Standard Conditions of Approval 3.8.1 Prior to issuance of building permits, landscape plans for landscape areas that will be maintained privately shall be prepared by a licensed landscape architect, taking into account approved preliminary landscape plans, County Standard Plans, adopted planned community regulations, scenic corridor and Specific Plan requirements, Grading Code, recreation trail and erosion control requirements, Subdivision Code, Zoning Code and conditions of approval. (County Standard Conditions of Approval LA3A). 3.8.2 A. Privately maintained slopes and slopes facing the NCCP open space shall be landscaped, equipped for irrigation as appropriate, and improved in accordance with an approved plan as stated below: Preliminary Plan: Prior to the recordation of an applicable final tract /parcel map, an agreement shall be entered into and financial security posted guaranteeing landscape improvements and the maintenance thereof based on a preliminary landscape plan showing major plant material and uses, with a cost estimate for the landscape improvements. The preliminary plan and cost estimates shall be reviewed and approved by the Manager, PDSD /Subdivision of Grading Division, in consultation with the Manager, PFRD /HB &P /Program Planning. Said plan shall take into account the previously approved landscape plan for the NCPC, the County Standard Plans for landscape areas, adopted plant palette guides, applicable scenic and specific plan requirements, Water Conservation Measures contained in Board Resolution 90 -487 (Water Conservation Measures), and Board Resolution 90 -3141 (Water Conservation Implementation Plan). Detailed Plan: Prior to the issuance of any building permit(s), a detailed landscape plan shall be submitted to and approved by the Manager, PDSD /Subdivision of Grading Division, in consultation with the Manager, PFRD /RB &P /Program Planning. Detailed plans shall show the detailed irrigation and landscaping design. Page 26 Installation Certification: Prior to the issuance of final certificates of use and occupancy and the release of the fina:.cial security guaranteeing the landscape improvements, said improvements shall be installed and shall be certified by a licensed landscape architect or licensed landscape contractor, as required, as having been installed in accordance with the approved detailed plans. Said certification, including an irrigation management report for each landscape irrigation system, and any other required implementation report determined applicable, shall be furnished in writing to the Manager, Construction, and the Manager, Building Inspection, prior to the issuance of any certificates of use and occupancy (County Standard Condition of Approval LA 1.1). B. Prior to issuance of certificates of use and occupancy, the applicant shall install said la.-idscaning and irrigation system and verify that the landscaping and irrigation system was installed in accordance with the approved plan. (Excerpted from County Standard Condition of Approval LA2). 3.8.3 A. Prior to recordation of an applicable final tract /parcel map, the subdivider shall offer for dedication easement to the City of Irvine or its designee over lot(s) within NCCP Reserve areas for scenic preservation purposes in a manner meeting the approval of the Manager, PFRD /HB &P /program Planning. Maintenance, upkeep and liability for said easement area shall remain the responsibility of the subdivider or assigns and successors (i.e., homeowner's association) or current underlying owner(s) of said easement area and shall not be included in said dedication offer. The subdivider shall not grant any easement over any property subject to said easement unless such easements are made subordinate to said easement (excluding utility easements) offer in a manner meeting the approval of the Manager, PFRD/HB &P /Program Planning. Limitations and restrictions for said easement shall be recorded by separate document concurrent with the recordation of the subject final map, in a manner meeting the approval of the Manager, PFRD /BiB &P /Program Planning (County Standard Condition of Approval HP 10) . B. Prior to recordation of any map that is adjacent to lots designated for scenic preservation purposes, or as determined applicable by the Manager, PFRD /FB &P /program Planning the subdivider shall survey and monument all adjacent parcels of the land to be dedicated for scenic preservation easement purposes, and submit plans showing how the development boundaries of the scenic preservation easement parcel(s) is (SIC) marked to be visible for monitoring purposes by Grantee to the satisfaction of the Manager, PFRD/HB &P /Program Planning, in consultation with Manager, EMA /HB &P /Coastal Facilities /open Space /Trails (Modified County Standard Condition HP7) . Page 27 Bonita Canyon FSIR Mitigation Measure■ 3.8.4 Prior to the issuance of preliminary or precise grading permits, the project developer will submit and receive approval for a Master Plan and landscape plans for PA 22 that specifically address residential, recreational, and commercial landscape design, streetscape design, and edge landscape design treatments. The landscape plans shall be submitted by the applicant prior to submittal of the preliminary or precise grading permits, and shall comply with all applicable County ordinances and regulations. (Bonita Canyon FEIR Mitigation Measure AES -1) 3.8.5 The use of reflective building materials for structures on PA 22 shall be restricted to minimize the potential for glare impacts. During final design, the applicant will submit a building materials list for approval by the Manager, Environmental and Project Planning Services Division Department. (Bonita Canyon FEIR Mitigation Measure AES -2) 3.8.6 Prior to the issuance of building permits, the project developer shall submit and obtain approved plans that verify that all outdoor lighting and fixtures are designed and located so that all direct rays from the lights are contained within PA 22 and adjacent residential properties are protected from spillover light and glare meeting the approval of the Manager, PDSD /Subdivision and Grading Services Division. (Bonita Canyon FEIR Mitigation Measure ASS -3) IMPACTS RELATED TO CULTURAL RESOURCES Potentially Significant Imoact Related to Paleontological Resources PA 26 is underlain by rock formations with moderate and high paleontological sensitivity that could be impacted during construction on PA 22. Finding Related to Paleontological Resources Changes or alterations have been required or incorporated in the proposed Project which avoid or substantially lessen this potentially significant adverse effect of the project. Fact in Support of the Finding Related to Paleontological Resources Implementation of the following County of Orange Standard Condition of Approval will substantially lessen or avoid the impact of the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment related to paleontological resources and will reduce this potentially significant adverse impact to below a level of significance. County of Orange Standard Condition of Approval 3.7.2 Prior to the issuance of a grading permit, the project applicant shall provide written evidence to the Manager, PDSD /Subdivision and Grading Services Division Services Division, that a County certified paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological Page 28 resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to per. -z-- sampling, identification, and evaluation of the fossils. If major paleontological resources that require long -term halting or redirecti -g of grading are discovered, the paleontologist shall report such findings to the project developer and to the Manager, P- RD /H3 &P /Program Planning. The paleontologist shall determine appropriate actions, in cooperation with the project developer, which ensure proper exploration and /or salvage. Excavated finds shall be offered to the County of Orange, or its designee, on a first refusal basis. Applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance or a museum in Orange County indicates a desire to study and /or display them at this time, in which case items shall be donated to the County or designee. These actions, as well as final mitigation and dispositior. of the resources, shall be subject to approval by the Manager, PFRD /f3 a? /Program Planning. Prior to the issuance of a precise grading permit, the paleontologist shall submit a follow -up report for approval by the Manager, P7RD /:3& ? /?rocram Planning, which shall include the period of inspection, a catalogue and analysis of the fossils found, and present repository of the fossils. Monthly grading observation reports shall be submitted to the grading inspector on all projects that exceed 100,000 cubic yards, unless'ro earthwork has been done during the month. These reports shall include the period of inspection, the list of fossils collected, and their present repository (County Standard Condition A7). Potentially-Significant Impact Related to Archaeological Resources Several documented archaeological sites would be destroyed as a result of construction on PA 22. In addition, previously unknown archaeological resources could be discovered during construction. Finding Related to Archaeological Resources Changes or alterations have been required or incorporated in the PA 22 General Plan Amendment, Zone Change and Community Profile Amendment which avoid or substantially lessen this potentially significant adverse effect of the project. Fact in Support of the Finding Related to Archaeological Resources Implementation of the following County of Orange Standard Condition of Approval will substantially lessen or avoid the impact of the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment related to archaeological resources and will reduce this potentially significant adverse impact to below a level of significance. County of Orange Standard condition of Approval 3.7.1 Prior to the issuance of a grading permit, the project applicant shall provide written evidence to the Manager, PDSD /Subdivision and Grading Services Division, that a County certified archaeologist has been retained, shall be present at the pre - grading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in Page 29 cooperation with the project developer, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the project developer and to the Manager, PFRD /IM &P /Program Planning. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the project developer, for exploration and /or salvage. Prior to the issuance of any grading permit, the archaeologist shall submit a follow -up report to the Manager, PFRD /HB &P /Program Planning which shall include the period of inspection, an analysis of any artifacts found, and the present repository of the artifacts. Excavated finds shall be offered to the County of Orange, or its designee, on a first refusal basis. Applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance or a museum in Orange County indicates a desire to study and /or display them at this time, in which case items shall be donated to the County, or designee. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Manager, PFRO /HB &P /Program Planning(Ccunty Standard Conditions A3 and A4). IMPACTS RELATED TO HISTORIC RESOURCES The proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment will not result in a significant adverse impact related to historic resource. Therefore, no condition of approval and no mitigation measure related to historic resource is required. IMPACTS RELATED TO RECREATION The proposed land uses under the PA 22 General Plan Amendment, Zone Change and Community Profile Amendment will not result in significant adverse impacts related to recreation resources. Although not required for recreational impacts, the mitigation measures included in this document under the IMPACTS RELATED TO AESTHETICS, LIGHT AND GLARE discussion enhance opportunities for recreation on the project site. IMPACTS RELATED TO PUBLIC HEALTH AND SAFETY Potentially Significant Imvact Related to Covote Canyon Landfill The closed Coyote Canyon Landfill could result in the generation of landfill gas on and near developed area on PA 22. Finding Related to Coyote Canyon Landfill Changes or alterations have been required or incorporated in the PA 22 General Plan Amendment, Zone Change and Community Profile Amendment which avoid or substantially lessen this potentially significant adverse effect of the project. Page 30 Facts in SuVPort of the Finding Related to Coyote Canyon Landfill The following County of Orange Standard Conditions of Approval and mitigatior. measures from the Bonita Canyon FEIR and FEIR 517 will substantially lessen or avoid the impact of the proposed PA 22 General Plan Amendment, zone Change and Community Profile Amendment related to landfill gas and will reduce this potentially significant adverse impact to below a level of significance. County of Orange Standard Conditions of Approval 3.13.1 Pursuant to Title 24, California Code of Regulations, the project design will incorporate the use of energy efficient appliances wherever feasible to minimize the ongoing use of electrical and natural gas resources. The project design will be verified by the County of Orange, Manager, PDSD /Subdivision and Grading Services Division Services Divisicn prior to approval of project desigr. plans. 3.13.2 In accordance with the requirements of AS 939, corstr.:ctior. contractors will reuse construction forms where practicable or applicable, attempt to balance soils on the site, minimize over cutting of lumber and polyvinyl chloride (PVC) piping where feasible, reuse landscape containers to the extent feasible and utilize best management practices to minimize erosion. This condition will be verified by the Manager, PDSD /Subdivision and Grading Services Division Services Division, prior to approval_ of grading plans and issuance of grading permits. 3.13.3 The project design will incorporate low -flow plumbing fixtures and reclaimed water for landscaping to minimize consumption of domestic water_ The water conservation features will be verified by the Manager, PDSD /Subdivision and Grading Services Division Services Division, prior to issuance of building permits. Bonita Canyon FBIR /FBIR 517 Mitigation Measures 3.13.4 In conjunction with the submittal of applications for precise grading permits, the project developer will submit a report to the Manager of Environmental and Project Planning Services Division, demonstrating that the use of alternative energy sources and current energy efficient technologies have been considered in the project design. All technologies proposed will comply with the Energy Conservation Standards set forth in Title 24 of the California Code of Regulations. (Bonita Canyon FBIR Mitigation Measure NR -1) Bonita Canyon FEIR/FEIR 517 Mitigation Measures for Public Health a Safety 3.13.5 LPG Mitigation Program. The Irvine Company will submit an LFG Mitigation Program to the Orange County Solid waste Local Enforcement Agency (LEA), addressing the risk of LPG migration from the former Coyote Canyon Landfill for review and approval by the LEA. It is anticipated the implementation of the LFG Mitigation Program will be phased as development on PA 22 proceeds. The LEA approval of the Program will be obtained prior to the approval of the first building permit within PA 22, Page 31 The Program will include, but will not be limited to, the following: A. Landfill Gas Mitigation. Svstem. The project applicant, in coordination with the AQMD, California Integrated Waste Management Board, County Integrated Waste Management Department and the landfill gas (LFG) recovery system operator, will provide for the backup system described in the following paragraph, to supplement the LFG recovery system at the closed Coyote Canyon Landfill, where redundancy is warranted along the boundary of those portions of PA 22 planned for development and the Landfill. Installation of multi -depth extraction wells by the anplicant,in native soil along the perimeter of the Landfill, spaced 50 to 200 feet apart and at depths equivalent to the lowest depth of refuse as determined by a qualified landfill expert. These additional wells will be designed and sited to intercept and collect LFG migrating from the interior refuse mass through the substrata. The well spacing will be designed so that the sphere of influence of each well will overlap the adjoining well's sphere of influence, providing a curtain vacuum that will intercept or collect all the LFG in the area. The system could be designed to have the necessary controls so that each well or individual collector may be controlled separately. The project applicant will work with the LFG recovery operator to integrate the perimeter system with the existing LFG recovery system, if integration is feasible without adversely affecting the existing system. Otherwise, a separate system will be constructed by the project applicant. B. LFG Monitoring. A series of multi -depth LFG monitoring probes, in native soil along the boundary of those portions of PA 22 planned for development and the Landfill, will be installed and monitored by the project applicant and coordinated with the County Integrated Waste Management Department and the LFG recovery system operator. Monitoring and maintenance of the LFG monitoring system shall be the responsibility of the applicant, until such time as the responsibility of the system is assumed by the County or its designee. The monitoring activities will rely on data obtained from existing probes and any additional probes that may be installed, and on the recommendation of a qualified geologist. The monitoring will be conducted in accordance with the AQMD protocol applying to perimeter sampling probes. C. Residential Setbacks. Unless the LFG monitoring results require a greater setback, no residential structure in PA 22 shall be placed within 250 feet of the limits of refuse. For any structures between 250 and 1,000 feet of the refuse limit, building permits will be subject to the approval of the Orange County Health Care Agency. D. Construction Related Mitigation. Studies of other landfills in similar geologic settings indicate that, with an appropriate LFG mitigation control system at the landfill perimeter, the migration of LFG can be controlled at the landfill boundary. Nonetheless, a Page 32 variety of construction methods will be evaluated and implemented, if appropriate. These methods may include foundation shielding and sealing of utility conduits. The environmental review conducted for individual projects in PA 22 will evaluate the necessity for the implementation of these types of construction methods. (Bonita Canyon FEIR Mitigation Measure PH-1) IMPACTS RELATED TO SOCIOECONOMIC The proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment will not result in any significant adverse impacts related to socioeconomics. Therefore, no mitigation is required. Page 33 UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS RELATED TO PLANNING AREA PA 22 GENERAL PLAN AMENDBMM, ZONE CHANGE AND COMMUNITY PROFILE AMENDMENT FOR THE NEWPORT RIDGE PLANNED COMMUNITY The proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment will not result in any significant adverse impacts which cannot be avoided or reduced, based on implementation of County of Orange standard conditions of approval and /or mitigation measures from Final EIR 517 and the Bonita Canyon FEIR, as described above. Therefore, the Orange County Board of Supervisors will not be required to adopt a Statement of Overriding Considerations for the proposed PA 22 General Plan Amendment, Zone Change and Community Profile Amendment. Page 34 ,ed in the CountY of Orange, California GarY L. Granville, Clerk /Recorder ' " i18111�IH8�01�I�i��i�i�ilall�il 38.00 19988500331 213pm 04/03/98 56 6144470 06 38 i 1 38.00 P T.ED AP y�98 f GARY L. G N d l Qefk ReCOr0e1 BY `, DEPUTY NOTICE OF DETERMINATION TO: ❑ OFFICE OF PLANNING AND RESEARCH Q COUNTY CLERK 1400 TENTH STREET, ROOM 121 COUNTY OF ORANGE SACRAMENTO, CALIFORNIA 95814 FROM: Planning and Development Services Department, Current Planning Services Division SUBJECT: Ring of Notice of Determination in Compliance with Section 21108 or 21152 of the Public Resources Code ►icedts W@kPygnat[tt=*A Plannine and Deveiootnent Services Dept. : :: Current Planning Services Division O.sad u GSA Erj P+ad MWAM DM=M Snewt. Etea has made go laEOwp dawtptitWOn onto o ahaw•daaaihad pntljae[ 1. 711a pojat %=apptowd by Board of Supervisors on March 17. 1998 mew.owc4 mwa.cwt a.z -FX Blar) 2. Thepejaa ❑ wi hawaaptifrant aft= anttramitatrrwtt Q ti apt An6tir+a 'b"PeaftwiTm pnadlot'Yisptojaa p[[[[rat[ b imp sbns W CECA. 0 A Nagadw Dadwnm was ptapatad rw tNs ptojaa ptasara 14901 ' ' atcm , 3. Wftnm Mom= M wan i v=pc card in o tra F two+gh 0 wwa rat mtt3'8wts W appr , wW Praiser d++gn• 4. S. Dab: gz For this ptojact a Shn ntern of CMrtida'g misidarati0rts arcs ® adopod. CI not adopted. A mpg of the Elii or Negadw Dedwamn wW tw raootd of the ptojact approval is on file and atay 6a atamitad aluw EnvitatanwMd Mwtagantan Agw4y. 300 N. Fbww SL P4wn,jjj Santa Ana. CarAorniz 92702-4048. Current Planning Services ONidon (714) 834 5159 County of Orange DATE: 4/2/98 TO: County Clerk M ECM 0 FROM: George Britton, Manager, EMA / Environmental/ Project Planning Division SUBJECT: Previously Paid AS 3158 Fish and Game Fees Project: PA970160/970161 Newport Ridge Planned Community, Planning Area 15/20 ZC98 -1 This is to inform you that the Fish and Game fees for the above referenced project have previously been paid to your office. The previous Notice of Determination for the earlier phase of this project was filed as follows: Date of Payment: 2/26/91 Fee Receipt Number: 01315 A copy of the receipt is in your offices. In accordance with Section 711.4(g) of the Fish and Game Code no additional AB 3158 fees are required for this project and the Notice of Determination should be accepted and filed by your office. Should you have any questions regarding this project please contact: EPD Contact Person: Lyn Ahrens Telephone Number: 834 -5154 George Britton, Manager Environmental & Project Planning Division By: RHCB:nccb APR 02 '96 10 :25AM THE IRVINE CO p C P.1/2 APR mrVi.Ce riled in the CmzmV M Or 6C: `� of p it. Dever Oar L. Ormwitte. C1erk/ecarcMrernla A O� 1q` P.O. Bcoc IS57: t ® ®® ��� ® ®���� 888,68 4 Isvinie, C71 92713 -9575 19968866687 2:48pm 07/82/96jj 656 5643555 65 45 262 1 666.66' if NZCRKEWT =ff $ECEIVgD :vE DECLARATIa6) JUL 0 8 tour umnE Communm ea;tDEAs Lmq DIVE�CV; X Office of Planning anCfieseasrh 1400 Tenth Street, Pz m 121 Sacramento, CA 95813 Project Title and File Number: 16903 -ZC (Bonita Carryon) £1RADmirommentai Case Mabar: N/A state g1p4mjMZqm Number: #95091032 Prvjeot ragatiocn t11tcl ++.a. ommty) : PA 26 is baaded by the San Joaquin Hills Transportation Corridor (SMUC) to the north, MacArthur Boulevard to the west, Newport Coast Drive to the eas and the City of Newport Beach to the south; City of Irvine; County of Orange. Pmect L>escrint cm: 'The Irvine CmVwW has requested to rezone Planning Area 26 (PA 26) whic consists of approximately 1,000 acres of land inside the City of Irvine and within the City's sphere of inflUmm. :The existing City of Irvine zoning is 1.2 Development Reserve and 1.3 Conservation Open Space Reserve. The proposed zoning is consistent with the adopted General Plan designations. The proposed zanfng would also amend the zcn rrq far the off -site open spas District M in Planning Assn 28 from 1.3 Conservation Open Space Reserve to 1.4 Preservation. This is to advise that the City Camcio of the City of Irvine on May 28. .1926 approved the above described project and reds the follaaing dete mm- ations: The project, in its approved form, (_ will HOC will Trot) have a significant effect on the envi=uoent. () An Enviramental ZTact Repoz't (EIR) was prepared for this project pi ,ant to the provisions of tom. () A Negative Declaration was prepared for this project pm --want to the provisions of CMh. M A Program Oryir=mntal 1mpact Report was prepared for this project pursuant to the Provisions of CBQK. Mitigation measures LJ were _ were not) made a condition of project approval. A Statement of Overriding Crnnsiderations (_ was X was not) adopted Findings LA- were were not) made pursvant Lb�t �tg :ions of C This is to certify that a copy of the Zi'� CC �VJ () final EIR with bmments and respormes () Negative Declaration (X) Program EIR and record of project approval is available Center Plaza (corner of Alton and Harvard) , Y 2 1996 Clart-pcemddr 614 Yat: City of Development Department. 101 - DEPUTY %Cne Civi (INHOUSE. FORMS. CD )NOTICE -OF- DETERMINATION -I,JII Form #45 -03 Rev.05 /9t NEWPORT RIDGE PLANNED COMMUNITY Planned Community Program County of Orange CALIFORNIA Prepared for THE IRVINE COMPANY by FORMA Adopted by Orange County Board of Supervisors March 1998 TABLE OF CONTENTS I. PURPOSE AND OBJECTIVES .... ............................... I -1 II. GENERAL REGULATIONS ...... ............................... II -1 III. RESIDENTIAL USE REGULATIONS/ DEVELOPMENT STANDARDS .............................. III -1 IV. RECREATION USE REGULATIONS/ DEVELOPMENT STANDARDS .............................. IV -1 V. COMMERCIAL VILLAGE USE REGULATIONS/ DEVELOPMENT STANDARDS ... ............................V -1 VI. SERVICE STATION SITE REGULATIONS/ DEVELOPMENT STANDARDS .............................. VI -1 VII. COMMUNITY FACILITY USE REGULATIONS/ DEVELOPMENT STANDARDS .... ..........................VII -1 VIII. OFF - STREET PARKING REGULATIONS ......................... VIII -1 IX. SIGN REGULATIONS ......... ............................... IX -1 X. PERMIT REGULATIONS AND PROCEDURES ........................ X -1 XI. DEVELOPMENT MAP AND STATISTICAL TABLE REGULATIONS AND PROCEDURES .......................... XI -1 XII. DEFINITIONS .............. ............................... XII -1 XIII. LEGAL DESCRIPTION ....... ............................... XIII -1 APPENDICES: A. PLANNED COMMUNITY ZONING MAP AND STATISTICAL SUMMARY ........................... A -1 B. PLANNED COMMUNITY DEVELOPMENT MAP AND STATISTICAL TABLE .............................. B -1 C. CONCEPTUAL LANDSCAPE AND FUEL MODIFICATION PLAN ........................ C -1 NRPC Program March 1995 TOQWPD CHAPTER I A. PURPOSE The purpose of this Planned Community Program is to provide appropriate Zoning District Regulations for the Newport Ridge Planned Community. These regulations implement the spirit and intent of the PC "Planned Community" District Regulations, Section 7 -9 -103 of the Orange County Zoning Code, and the County's Planned Community Manual, to be responsive to long -term community needs and desires, and to function without unnecessary, time - consuming or costly amendments and review procedures. This Planned Community (PC) Program consists of: (1) Text (Chapters I- XIII); (2) PC Zoning Map and Statistical Summary (Appendix A); (3) PC Development Map and Statistical Table (Appendix B); and (4) Conceptual Landscape and Fuel Modification Plan (Appendix Q. The PC Program identifies the general locations and types of land uses, defines standards for development, and provides for innovative community design concepts and site planning, consistent with orderly development of a mixed use community and protection of sensitive and natural resources. Site Development Permit and Use Permit procedures are established to accomplish the objective of providing a logical and timely sequence of community review and government approval of detailed project development proposals. B. RELATIONSHIP TO THE NEWPORT COAST PLANNED COMMUNITY The 645 -acre Newport Ridge Planned Community (NRPC) is adjacent to and northwest of the larger 9,493 -acre Newport Coast Planned Community (NCPC). The NRPC shares a 2.7 mile boundary with the Newport Coast Planned Community. Approximately 7,000 feet of this boundary adjoins Buck Gully, a major Special Use Open Space Dedication/Recreation Area within the Newport Coast PC. The Newport Coast PC portion of Buck Gully contains 203 acres that has been offered for public open space /recreation dedication to the County of Orange. Dedication of the remaining 54 -acre portion of Buck Gully within the Newport Ridge Planned Community, indicated as Planning Areas 17 and 18 on the Planned Community Development Map, will bring the total open space dedication of Buck Gully to approximately 257 acres. NRPC Progrmn March 1998 I -1 NR- PCP.WPD Total public dedications within the combined Newport Ridge and Newport Coast Planned Communities will total 3,866 acres of Special Use and Wilderness Open Space. An additional 2,807 acres is contained in Crystal Cove State Park, also within The Newport Coast Planned Community. The Newport Ridge Planned Community and The Newport Coast Planned Community are separate and distinct areas in terms of zoning and land use regulation. Land use projects will be separately implemented in each PC pursuant to each Planned Community's own "Permit Regulations and Procedures" and "PC Development Map and Statistical Table Regulations and Procedures" contained, respectively, in each PC's Planned Community Text. Each Planned Community is and will remain separate, in terms of computing and accounting for Planning Area acreage, permitted units, and maximum allowable densities. Separate Planning Applications will be made for Coastal /Site Development Permits and /or Use Permits, and such applications will be subject to separate discretionary actions and conditions of approval by the Planning Commission or other approving entity within the County. Although distinct from a regulatory and zoning perspective, physical land planning and design components such as roads, open space areas, and ownerships for development projects within NRPC Planning Areas 12, 13, 14, and 15 may cross over the common boundary shared between The Newport Coast Planning Areas 2C and 8. In order to provide one consistent and comprehensive set of permitted uses and site development standards, Residential Planning Areas 13, 14, and 15 within the NRPC are identified in this NRPC Program by the M(NC) and MH(NC) designations, where "NC" denotes "Newport Coast" regulations. For these Planning Areas, the PC District Regulations for PA 8 and 2C within the Newport Coast have been incorporated into Chapter III -D of this NRPC Program. Although separate, Site Development Permits, Coastal Development Permits, and /or Use Permits for development projects that include Planning Areas from both Planned Communities may be analyzed by one environmental document (e.g., EIR) and processed concurrently with a coordinated set of Planning Applications. NRPC Program March 1998 1 -2 nr- pcp.wpd C. IMPLEMENTATION PLANS AND PROGRAMS A Resource Management Plan, Local Park Implementation Plan, and Open Space Dedication Program are required in addition to the regulations contained in this NRPC Program and shall include development policies, guidelines, and standards consistent with the goals, objectives, and guidelines of the Orange County General Plan. These plans and programs shall be submitted to and approved by the County pursuant to Orange County Zoning Code Section 7 -9 -150, "Discretionary Permits and Procedures," prior to the first Site Development Permit or Use Permit, or prior to recordation of the first final development Tract Map for residential or commercial uses, whichever comes first, as indicated below: 1. Resource Management Plan (RMP) — shall identify significant resources and establish programs focused on the preservation, conservation, mitigation, and monitoring of those resources. 2. Local Park Implementation Plan (PIP) — shall identify requirements and locations for local park sites and recreation areas, and include an implementation program. 3. Open Space Dedication Program — shall describe the transfer of ownership and maintenance of Recreation Planning Areas 17 and 18 to the County of Orange. The above plans and programs shall provide standards for Residential, Commercial Village, and Recreation Planning Areas, as well as guidelines for implementing the General Plan and this PC Program. In addition, as outlined in Chapter II -C, a Conceptual Landscape and Fuel Modification Plan is provided as Appendix C to this Planned Community Program. Because of the information contained within, and the subsequent implementation plans and programs required by this Planned Community Program, neither a Feature Plan nor an Area Plan shall be required for the Newport Ridge Planned Community. NRPC Program March 1998 I -3 nr- pcp.wpd CHAPTER II GENERAL REGULATIONS A. GENERAL PROVISIONS 1. Definition of Terms The meaning and construction of words, phrases, titles, and terms used in this Planned Community Program shall be the same as provided in Orange County Zoning Code Section 7 -9 -21, "Definitions," except as otherwise specifically provided herein (see Chapter XII, Definitions). 2. General Plan Consistency The Newport Ridge Planned Community Program is consistent with all elements of the Orange County General Plan. 3. Zoning Code Consistency This PC Program regulates all development within Newport Ridge Planned Community. In cases where sufficient direction for interpretation of these regulations is not explicit in this text, the Orange County Zoning Code shall provide direction, as determined by the County Planning Director. In case of difference between this PC Program and the Orange County Zoning Code, the Zoning Code shall prevail. 4. Building and Construction Codes Consistency All construction and development within the Planned Community shall comply with applicable provisions of the Uniform Building Code and the various related Mechanical, Electrical, and Plumbing Codes, the Grading and Excavation Code, the Subdivision Code, and Sign Code as currently adopted by the Board of Supervisors. In case of a conflict between the specific provisions of the codes identified above and the provisions of these regulations, the provisions of those codes shall prevail. NRPC Program March 1998 II -1 nrpcP µ,pd 5. Building Sites All building sites shall comply with the provisions of the Orange County Zoning Code Section 7 -9 -126, 'Building Site Requirements ". 6. Building Height The building height requirements shall be as specified by each land use district of this PC Program, subject to the methods used for measuring building height set forth in the Orange County Zoning Code except that, for architectural consistency, in NRPC Planning Areas 13, 14 and 15 which adjoin Newport Coast PC Planning Areas 8 and 2C, the methods used for measuring building height shall conform with The Newport Coast Planned Community District Regulations. 7. Building Setbacks The building setback requirements shall be as specified by each land use district of this PC Program except that interior property lines contiguous with The Newport Coast Planned Community may have up to a zero setback requirement if approved as an Alternative Development Standard as part of an approved Site Development Permit or Use Permit. 8. Off- Street Parking The provisions of Orange County Zoning Code Section 7 -9 -145, "Off- Street Parking Regulations," shall apply to this Planned Community, except as otherwise specified in Chapter VIII. 9. Annual Monitoring Report An Annual Monitoring Report (AMR) shall be prepared and submitted each year to the County Administrative Office and the Planning and Development Services Department. Submittal of an AMR is required for conformance with the Growth NRPC Program March 1998 11-2 nr- pcp.wpd Management Program of the Land Use Element of the Orange County General Plan and the County's Annual Development Monitoring Program. The Board of Supervisors, in the annual adoption of the Development Monitoring Program, may identify a significant imbalance between development projections and planned infrastructure or in the proportionate development of residential, commercial and employment land uses. The Board of Supervisors may then defer subdivision approval within the Planned Community until approaches capable of resolving the imbalances are proposed to, and approved by, the Board of Supervisors. The AMR will be the project proponent's opportunity to demonstrate mitigation measures and implementation strategies which will ensure adequate infrastructure for the community. 10. Application of Regulations If an issue, condition or situation arises that is not sufficiently covered or provided for in this PC Program so as to be clearly understandable, the County Planning Director shall determine which regulations are applicable, as authorized by Orange County Zoning Code Section 7 -9 -20 (c) "Indeterminate applicability". Those regulations of the Zoning Code that are applicable for the most similar use, issue, condition or situation shall be used by the County Planning Director, as guidelines to resolve the unclear issue, condition, or situation. 11. Incorporation of Conditions, Requirements and Standards All conditions, requirements and standards, indicated graphically or in writing as part of any approved discretionary permit or detail plan granted by authority of these regulations, shall have the same force and effect as these regulations. Any use or development established as a result of such approved permit or plan, but not in compliance with all such conditions, requirements or standards shall be in violation of this PC Program. The enforcement provisions of Orange County Zoning Code Sections 7- 9 -I54, "Enforcement provisions ", are applicable to this PC Program. NRPC Program March 1998 II -3 nr- pcp.wpd I 12. Board Declaration /Severability If any portion of these regulations is, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining portions of this PC Program. The Board of Supervisors hereby declares that they would have enacted these regulations and each portion of this PC Program irrespective of the fact that one or more portions may be declared invalid or ineffective. B. SPECIAL PROVISIONS 1. Maximum Dwelling Units A maximum of 2,550 dwelling units may be built in the Newport Ridge Planned Community. No Planning Area which allows for residential uses shall exceed the maximum number of dwelling units indicated for the Planning Area in that Planned Community Statistical Table. 2. Planning Area Density a. The dwelling unit density permitted in any Residential Planning Area, as designated on the Planned Community Development Map and Statistical Table of the Newport Ridge Planned Community, shall apply to the overall Planning Area, not to any particular division of that area. b. Computation of density shall be based on gross acreages. 3. Planning Area Boundaries NRPC Program March 1998 a. Except as otherwise indicated, dimensions and gross acreages are measured from centerlines of streets and highways. II -4 nr.pcp.wpd b. When a Planning Area boundary depicted on the PC Development Map is also an arterial highway, and the arterial highway is realigned, the Planning Area boundary may be revised to coincide with the realigned highway. C. Planning Area boundaries and acreages contained in this PC Program are approximate based upon current information and a generalized level of mapping. Final Planning Area boundaries shall be established by the Site Development/Use Permit and /or Tentative /Final Tract Map approval. d. Commercial, nonresidential, and residential uses and areas, to be located at intersections of streets and /or highways shall conform with final street and /or highway alignments without requiring an amendment to this PC Program. e. Adjustments in Planning Area boundaries shall be in compliance with Chapter XI. 4. Flood Control The property owner /builder shall fund, through special assessment districts and /or community facilities districts, and construct all on -site flood control facilities in a manner meeting the approval of the County Planning Director. 5. Schools The Developer shall pay school development fees to the Newport Mesa Unified School District (NMUSD) based on residential units and commercial square footage upon issuance of building permits or. upon mutual agreement by NMUSD and the Developer, shall provide an alternative financing mechanism to help alleviate the impacts of students generated by the project. An elementary school site shall be reserved for acquisition by the NMUSD. The site shall be six (6) to ten (10) acres, depending upon the feasibility of joint -use NRPC Program March 1998 11 -5 n,.pcp.wpa with adjacent park land. The site shall be designated as a Medium -High (NC) Density Residential Planning Area to allow residential development should the reserved school site not be acquired by NMUSD in accordance with the School Facilities and Funding Agreement which references requirements for the timing of acquisition. 6. Implementation Plans and Programs Development within the Newport Ridge Planned Community shall comply with the County- approved Implementation Plans and Programs required by Chapter I -C (Purpose and Objectives): a. Resource Management Plan (RMP); b. Local Park Implementation Program (PIP); and C. Open Space Dedication Program. 7. Local Parks Local park sites shall be provided in accordance with the provisions of the Orange County Local Park Code as outlined in the Local Park Implementation Plan for the Planned Community and consistent with the Orange County Recreation Element's "Master Plan of Local Parks ". 8. Open Space, Private /Public Certain areas within the Planned Community, although privately owned and fenced, may be designated as open space. These areas, through the use of deed restrictions or similar techniques, shall limit development to preserve the open space character. NRPC Program March 1998 It -6 nr- pcp.wpG 9. Housing Element Compliance Residential development within the Newport Ridge Planned Community shall comply with the Orange County Housing Element. Residential development areas within the Newport Ridge Planned Community may be designated for affordable housing to satisfy the affordable housing requirements for The Newport Coast Planned Community. 10. Water Conservation Landscaping for common areas of: a) Multifamily projects of five or more units; b) Residential planned developments (common areas only); and c) Commercial /Office projects involving landscaping /irrigation of more than one cumulative acre shall be subject to the Water Conservation Regulations contained in Orange County Zoning Code Section 7- 9- 132.2, "Landscaping ", including the Resolution of Water Conservation Criteria as approved by the Orange County Board of Supervisors. 11. Grading Grading plans for all projects in the Newport Ridge Planned Community shall be consistent with the Orange County Grading and Excavation Code and Orange County Zoning Code Section 7 -9 -139, "Grading and Excavation," with the following additional provisions: a. Grading Plans shall be accompanied by geological and soils engineering reports approved by the Manager, Orange County Planning and Development Services, and shall incorporate all pertinent recommendations prior to issuance of Grading Permits. The soils engineer /engineering geologist must certify the suitability of a graded site prior to clearance for issuance of Building Permits. NRPC Program March 1998 11 -7 nr- pcp.wpC An approved Grading Plan shall show all areas of grading, including remedial grading, inside and outside of an immediate area of development. Grading shall be permitted within development and open space Planning Areas of the Planned Community, outside of an area of immediate Planning Area development, for the grading of public roads, highways, park facilities, infrastructure, and other development- related improvements. Remedial grading for development shall also be permitted in development and open space Planning Areas outside of an area of immediate development to address geotechnical or soils engineering problems. 12. Archaeological and Paleontological Resources Prior to or concurrent with the approval of a Tentative Subdivision Map, except.a map for financial or conveyance purposes, mitigation programs for archaeological and paleontological resources established in accordance with the Board of Supervisors' Archaeological /Paleontological Policies shall be submitted to and approved by the Manager, Orange County Planning and Development Services - Harbors, Beaches and Parks /Program Management and Coordination. 13. Development /Open Space Boundary A Site Development Permit, Use Permit, and /or Tentative Subdivision Map abutting a natural open space Planning Area shall provide for the following, either on the permit/map or an appropriate supplemental graphic or text: a. Urban Edge Treatment, describing the interface treatment area between development and open space uses in a manner consistent with the Conceptual Landscape and Fuel Modification Plan contained in Appendix C; and Fire Protection Edge Treatment, including any fuel breaks or fuel modification zones, in a manner consistent with the Conceptual Landscape and Fuel Modification Plan contained in Appendix C and the Orange County Fire Protection Planning Task Force Report. NRPC Program March 1998 11 -8 �r_pcp.ypd 14. Public Utilities Public utility buildings, structures and facilities including, but not limited to, electrical, water, sewage, telephone and television, and their storage, distribution, treatment and /or production required to carry out development are permitted in all Residential, Commercial, and Recreational Planning Areas subject to a Site Development Permit approved pursuant to Orange County Zoning Code Section 7- 9 -150, "Discretionary Permits and Procedures ". 15. Roads San Joaquin Hills Road construction plans have been approved in conjunction with The Newport Coast Planned Community. Collector and local street construction. within the Newport Ridge Planned Community shall be in accordance with Orange County design standards, except that deviations may be proposed in conjunction with Tentative Subdivision Maps. 16. Scenic Highway A Scenic Highway Implementation Plan for San Joaquin Hills Road Landscape Corridor has been approved in conjunction with The Newport Coast Planned Community and will be implemented in an interim and ultimate configuration according to this Plan. 17. Fire Station A site for a fire station shall be provided within the Newport Ridge Planned Community, as required by The Irvine (Newport) Coast Development Agreement (DA 87 -16), Development Agreement — First Amendment (DA 96 -03) and Implementation Agreement adopted by the Orange County Board of Supervisors. The fire station shall be constructed in accordance with an approved Site Development Permit. NRPC Program March 1998 11-9 nr- pcp.wpa 18. Interim Land Uses The following interim uses are permitted in all undeveloped Planning Areas of the Newport Ridge Planned Community: a. All uses permitted by and processed per the Al "General Agricultural" District Regulations, Section 7 -9 -55 of the Orange County Zoning Code. b. County- approved fuel modification programs required for public health, safety, and welfare. C. County- approved archaeological and paleontological study sites. d. County- approved landfill monitoring and mitigation program facilities. e. County- approved borrow, stockpile, and /or disposal sites and related construction/grading facilities except in the proposed Buck Gully Open Space Dedication Area. NRPC Program March 1998 11 -10 nr- pcp.wpd C. CONCEPTUAL LANDSCAPE AND FUEL MODIFICATION PLAN A community-level Conceptual Landscape and Fuel Modification Plan (Appendix C) provides general guidelines for implementing subsequent and more precise Site Development Permits, Use Permits, and Subdivision Maps to ensure consistency with this PC Program. Following adoption of this PC Program, the County Planning Director shall be the approving authority for any subsequent amendments to the Conceptual Landscape and Fuel Modification Plan. 1. Conceptual Landscape Component The Conceptual Landscape Plan illustrates preliminary planting design, including preliminary tree /shrub palettes, for: a. San Joaquin Hills Road; b. Collector roads and local streets of community significance; C. Potential local park sites, including view parks within the proposed Buck Gully Open Space Dedication Area; and d. Slope planting areas. Project -level Landscape Plans shall be prepared and approved by the County for each development project consistent with the approved community-level Conceptual Landscape Plan. 2. Conceptual Fuel Modification Component The Conceptual Fuel Modification Plan identifies fuel modification areas, potential treatments, and preliminary tree /plant palettes to protect development projects that abut natural open space areas (e.g., Buck Gully and Coyote Canyon). Project -level Fuel Modification Plans shall be prepared for each applicable development project consistent with the approved community-level Conceptual Fuel Modification Plan. NRPC Program March 1998 Q -11 nr- pcp.wpe CHAPTER III RESIDENTIAL USE REGULATIONS /DEVELOPMENT STANDARDS A. PURPOSE AND INTENT The purpose of these provisions is to regulate design and development of the Residential Planning Areas of the Newport Ridge Planned Community. These use regulations provide for a wide variety of residential housing types including, but not limited to, single - family detached, single - family attached, duplex, and multifamily. The regulations also allow for recreation uses, community facilities, community service facilities, and other uses and structures accessory to principal permitted uses. Residential use categories within the Planned Community are intended to be consistent with the Community Profile Sub - categories of the General Plan: 1.4 Medium Density (3.5 - 6.5 d.u. /acre); 1.5 Medium -High Density (6.5 - 18 d.u. /acre); and 1.6 High Density (18+ d.u. /acre). To ensure consistency with the Land Use Element of the Orange County General Plan, the ultimate control for residential development is the maximum number of dwelling units permitted in each Planning Area as indicated in the Newport Ridge Planned Community Statistical Table. All Planning Areas shall be developed consistent with the total dwelling units indicated in this Statistical Table. The purpose of the "Medium Density ((NC)" and "Medium -High Density ((NC)" Residential categories is to regulate the development of residential Planning Areas 13, 14, and 15 of the Newport Ridge Planned Community, which are contiguous to The Newport Coast Planned Community Planning Areas 8 and 2C, with a consistent set of permitted uses, site development standards, and processing procedures. This uniform set of development standards is necessary to ensure compatible and orderly development. The Newport Coast PC is regulated by the Newport Coast Planned Community District Regulations. Development for Planning Areas designated M (NC) and MH (NC) will conform to these regulations as set forth in this Chapter. NRPC Program March 1998 III -1 nr- pcp.wpe B. MEDIUM DENSITY RESIDENTIAL PLANNING AREAS The Medium Density (3.5 -6.5 d.u. /acre) Residential Planning Areas l and 14 provide for predominantly single - family detached, single- family attached, and duplex housing. Recreation uses, community facilities, community service facilities, and other uses and structures accessory to the principal uses are also allowed. 1. Principal Uses Permitted The following principal uses are allowed in all Planning Areas designated for Medium Density Residential Use: a. Principal Permitted Uses not requiring discretionary land use permits, plans, or approvals: l) Detached single - family dwellings. 2) Attached single - family dwellings and duplexes, except planned developments. 3) Community care facilities serving six (6) or fewer person and large family day -care homes. b. Principal Permitted Uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): l) Residential Planned Developments per Orange County Zoning Code Section 7 -9 -110. 2) Multifamily residential developments per Orange County Zoning Code Section 7- 9- 146.7. NRPC Program March 1998 III -2 nr- pcp.wpd 3) Community care facilities serving seven (7) or more persons per Orange County Zoning Code Section 7 -9 -141. 4) Accessory Permitted Uses referenced in Chapter III -B -2 (Accessory Permitted Uses) when located on a separate building site. 5) Permanent or temporary landfill monitoring and mitigation program facilities. 6) Any other use which the Planning Commission finds consistent with the purpose and intent of this land use category. 2. Accessory Uses Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site, per Orange County Zoning Code Section 7 -9 -137, "Accessory Uses and Structures," including: a. Garages and carports. b. Accessory structures such as greenhouses, gazebos, cabanas, and storage sheds. C. Swimming pools, therapy baths, water fountains, and related equipment. d. Covered patios and decks. e. Fences and walls. f. Tennis courts, parks, trails, greenbelts, and similar common landscape areas. NRPC Program March 1998 111 -3 �- pcp.wpd g. Signs per Chapter IX (Sign Regulations). h. Noncommercial keeping of pets and animals per Orange County Zoning Code Section 7 -9- 146.3. i. Home occupations per Orange County Zoning Code Section 7- 9- 146.6. j. Accessory uses and structures which the County Planning Director, finds to be consistent with the purpose and intent of this land use category. 3. Temporary Uses Permitted Temporary uses are permitted subject to the requirements of Orange County Zoning Code Section 7 -9 -136, "Temporary Uses and Structures ". 4. Prohibited Uses a. The storage of vehicles, equipment, or products related to a commercial activity not permitted in this area. b. The keeping of pets or animals for any commercial purpose. C. Apiaries. d. Industrial and manufacturing facilities. e. Uses not provided for by Chapter III -B -1 through -3 shall be prohibited, subject to Orange County Zoning Code Section 7 -9 -20 (c). NRPC Program March 1998 111 -4 nr- pcp.wpd 5. Site Development Standards The following standards shall apply to all development within this land use category: a. Building site area: Three thousand (3.000) square feet net minimum for condominium, stock cooperative, and apartment developments; two thousand -five hundred (2,500) square feet net minimum for detached and attached single - family, duplex, and other (nonresidential) developments. Planning Area 1 shall have a minimum single- family residential lot size of seven thousand (7,000) square feet net. b. Area per unit: One thousand (1,000) square feet minimum net land area per dwelling unit. C. Building site width: No minimum. d. Building height: Thirty-five (35) feet maximum. e. Building site coverage: No maximum. f. Building setbacks: 1) Single- family detached developments: a) From any street - Ten (10) feet minimum except garages and carports per Chapter III -B -S -g below. b) Side - Ten (10) feet minimum for one side only, or ten (10) feet aggregate total for both sides. C) Rear - Ten (10) feet minimum. NRPC Program March 1998 III -5 n•-xc Waa 2) Other developments: a) Ten (10) feet minimum from any exterior property line or property line abutting a public or private street, except garages and carports per Chapter III -B -5 -g below. b) From any other interior property line, no minimum. g. Garage and carport placement: The point of vehicular entry to a garage or carport shall be a distance of seven (7) feet or less, or twenty (20) feet or more from the back of sidewalk, or if there is no sidewalk. from back of curb. h. Off- street parking: Shall be provided per Chapter VIII (Off - Street Parking Regulations). Patios: No attached or detached covered patio shall be located closer than three (3) feet to a property line, except along any street -side property line, in which case a minimum distance of ten (10) feet shall be maintained. j. Projections into required setbacks: Eaves, cornices, chimneys, outside staircases, balconies, and other similar architectural features may project a maximum of six (6) feet into any required setback, except that where the setback is less than six (6) feet, the projection may not exceed sixty (60) percent of the required setback. k. Open space (except for single - family detached developments): A minimum of five (5) percent of the net area of a development area shall be reserved as usable open space. The following shall not be counted in computing the usable open space: streets, common driveways, slopes greater than a 2.5:1 incline, and any property not reserved for the sole use and enjoyment of the occupants of the project and their guests. NRPC Program March 1998 111 -6 nr- pcp.wpd 1. Trash and storage areas (except for single - family developments): All storage, including cartons, containers, or trash shall be shielded from view within the building or area enclosed by a wall not less than six (6) feet in height. M. Screening (except for single - family detached developments): l) A screen shall consist of one or any combination of the following: a) Walls, including retaining walls: A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of four (4) inches thick. b) Berms: A berm shall be constructed of earthen materials and it shall be landscaped. C) Solid Fences: A solid fence shall be constructed of wood or other materials a minimum thickness of one (l) inch. d) Landscaping: Vegetation shall consist of evergreen or deciduous trees or shrubs. 2) Screen required between adjoining residential areas: A screen shall be installed as required to buffer multi - family developments from abutting single - family attached or detached residential uses. Except as otherwise provided below, the screening shall have a total height of not less than five (5) feet and not more than seven (7) feet. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest point of elevation. 3) Screen required for parking areas abutting arterial highways: An opaque screen shall be installed along all parking areas abutting arterial highways. Except as otherwise provided below, screening, other than landscaping, shall have a total height of not less than three (3) feet and not more than six (6) feet. NRPC Program March 1998 111-7 nr.pcp.wpd 4) Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements of this section. n. Landscaping (except for single - family detached developments): The planting of drought- tolerant native or non - intrusive. non - native low - maintenance species is encouraged. Landscaping consisting of evergreen or deciduous trees, shrubs, groundcover, and /or hardscape shall be installed and maintained subject to the following standards: l) Boundary landscaping abutting arterial highways is required to a minimum depth of ten (10) feet. 2) Boundary landscaping abutting public streets, other than arterial highways, is required to an average depth of ten (10) feet with a minimum depth of five (5) feet. 3) Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least four (4) inches higher than the adjacent vehicular area or in some other manner be protected from vehicular damage. 4) Irrigation facilities shall be provided for all landscaped areas except where drought - tolerant species have been established. 5) All landscaping shall be maintained in a neat, clean, and healthy condition. This shall include pruning, mowing lawns, weeding, removing litter, fertilizing, replacing plants when necessary, and watering all plantings. NRPC Program March 1998 III -8 nrpcp.wpd o. Lights: All lights shall be designed and located so that rays are aimed at the site. P. Manufactured slopes: Slopes along development edges shall incorporate contour - grading techniques. q. Maximum heights for fences and walls per Orange County Zoning Code Section 7 -9- 137.5, except as otherwise permitted below, provided that site distances for vehicular safety purposes are not obstructed: 1) Within required front setback area -- forty -two (42) inches maximum. 2) Within other setback areas — six (6) feet maximum, except when higher walls are required by the County Planning Director, for the purpose of noise mitigation or other health and safety measures. NRPC Program March 1998 111-9 �_PcP.Vpd C. MEDIUM -HIGH AND HIGH DENSITY RESIDENTIAL PLANNING AREAS The Medium -High Density (6.5 -18 d.u. /acre) and High Density (18+ d.u. /acre) Residential Planning Areas 2. 3, 4, 5, 6, 7, 8, 9, 11, 13, 15, 21, and 22 of the Newport Ridge Planned Community provide for predominantly multifamily housing, while also permitting single- family detached /attached and duplex housing. Recreation uses. community facilities, community service facilities, and other uses and structures accessory to the principal uses are also allowed. I. Principal Uses Permitted The following principal uses are allowed in all Planning Areas designated for Medium -High and High Density Residential Use: a. Principal Permitted Uses not requiring discretionary land use permits. plans, or approvals: 1) Detached single - family dwellings. 2) Attached single- family dwelling and duplexes, except planned developments. 3) Community care facilities serving six (6) or fewer persons and large family day care homes. b. Principal Permitted Uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): 1) Residential planned developments per Zoning Code Section 7 -9- 110. 2) Multifamily residential developments per Orange County Zoning Code Section 7- 9- 146.7. NRPC Program March 1998 III -10 nr- pcp.wpd 3) Community care facilities serving seven (7) or more persons per Orange County Zoning Code Section 7 -9 -141. 4) Accessory Permitted Uses referenced in Chapter III -C -2, (Accessory Permitted Uses) when located on a separate building site. 5) Temporary or permanent landfill monitoring and mitigation program facilities. 6) Any other use which the Planning Commission finds consistent with the purpose and intent of this Planning Area. 2. Accessory Uses Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site, per Orange County Zoning Code Section 7 -9 -137 "Accessory Uses and Structures," including: a. Garages and carports, including access driveways and private streets. b. Accessory structures such as greenhouses, gazebos, cabanas, and storage sheds. C. Swimming pools, therapy baths, water fountains, and related equipment. d. Covered patios and decks. e. Fences and walls. f. Tennis courts, parks, trails, greenbelts, and similar common landscape areas. NRPC Program March 1998 III -11 nrpcp.wpd g. Signs per Chapter IX (Sign Regulations). h. Campanili, subject to Planning Commission approval per Chapter X (Permit Regulations and Procedures). i. Noncommercial keeping of pets and animals per Orange County Zoning Code Section 7- 9- 146.3. j. Home occupations per Orange County Zoning Code Section 7- 9- 146.6. k. Accessory uses and structures which the County Planning Director, finds to be consistent with the purpose and intent of this land use category. 3. Temporary Uses Permitted Temporary uses are permitted, subject to the requirements of Orange County Zoning Code Section 7 -9 -136, "Temporary Uses and Structures ". 4. Prohibited Uses a. The storage of vehicles, equipment, or products related to a commercial activity. b. The keeping of pets or animals for any commercial purpose. C. Apiaries. d. Industrial and manufacturing facilities. e. Uses not provided for by Chapter III -C -I through -3 shall be prohibited, subject to Orange County Zoning Code Section 7 -9 -20 (c). NRPC Program March 1998 III -12 nr- pcp.wpd 5. Site Development Standards The following standards shall apply to all development within this land use category: a. Building site area: Three thousand (3,000) square feet minimum for condominium, stock cooperative and apartment developments; two thousand -five hundred (2,500) square feet minimum for detached and attached single - family, duplex and other (nonresidential) developments. b. Area per unit: One thousand (1,000) square feet minimum net land area per dwelling unit. C. Building site width: No minimum. d. Building heights: 1) Single - family detached developments - thirty-five (35) feet maximum. 2) Other developments - forty-five (45) feet maximum. e. Building site coverage: No maximum. f. Building setbacks: 1) Single - family detached developments: a) From any street - Ten (10) feet minimum except garages and carports per Chapter III -C -S -g below. b) Side - Ten (10) feet minimum for one side only, or ten (10) feet aggregate total for both sides. C) Rear - Ten (10) feet minimum. NRPC Program March 1998 111 -13 -xc wra 2) Other developments: i a) Ten (10) feet minimum from any exterior property line or property line abutting a public or private street, except garages and carports per Chapter III -C -5 -g below. b) Twenty-five (25) feet minimum from all property lines abutting existing single - family detached residential lots. C) From any other interior property line, no minimum. g. Garage and carport placement: The point of vehicular entry to a garage or carport shall be a distance of seven (7) feet or less, or twenty (20) feet or more, from the back of sidewalk, or if there is no sidewalk, from the back of curb. i I. h. Off - street parking: Shall be provided per Chapter VIII (Off - Street Parking Regulations). I U i. Patios: No attached or detached covered patio shall be located closer than three (3) feet to a property line, except along the street -side property line of a comer lot, in which case a minimum distance of eight (8) feet shall be maintained. j. Projections into required setbacks: Eaves, cornices, chimneys, outside staircases, balconies, and similar architectural features may project six (6) feet into any required setbacks; except that where the setback is less than six (6) feet, the projection may not exceed sixty (60) percent of the required setback. k. Open space (except for single - family detached developments): Minimum of five (5) percent of the net area of a development area is to be reserved as usable open space. The following shall not be counted in computing the usable open space: streets, common driveways, slopes NRPC Program March 1998 111 -14 m.pcp.wpd 5) All landscaping shall be maintained in a neat, clean and healthy condition. This shall include pruning, mowing lawns, weeding, removing litter, fertilizing, replacing plants when necessary, and watering all plantings. o. Lights: All lights shall be designed and located so that rays are aimed at the site. p. Manufactured slopes: Slopes along development edges shall incorporate contour - grading techniques. q. Maximum heights for fences and walls per Orange County Zoning Code Section 7- 9- 137.5, except as otherwise permitted below, provided that site distances for vehicular safety purposes are not obstructed: 1) Within required front setback area -- forty -two (42) inches maximum. 2) Within other setback areas -- six (6) feet maximum, except when higher walls are required by the County Planning Director, for the purpose of noise mitigation or other health and safety measures. D. MEDIUM DENSITY (NC) AND MEDIUM -HIGH DENSITY (NC) RESIDENTIAL PLANNING AREAS The Medium Density (NC) (3.5 -6.5 d.u. /acre) Residential Planning Area 14 and Medium - High Density (NC) (6.5 -18 d.u. /acre) Residential Planning Areas 13 and 15, of the NRPC adjoin Residential Planning Area 8 (High Density) and 2C (Medium Density) within The Newport Coast Planned Community, and provide for single- family detached, single - family attached, duplex, and multi - family housing. Recreation uses, community facilities, community service facilities, and other uses and structures accessory to the principal uses are also allowed. NRPC Program A /.....0. A000 All A-A (Clarification: The term "Medium- High" and the density range "6.5 -18 d.u. /acre" used in this NRPC Program for Residential Planning Areas 13 and 15 are consistent with the land use categories specified in the current Orange County General Plan, but in the adjoining Newport Coast Planned Community the term "High" is used for this density range, and the term "Medium- High" is not used at all. Within The Newport Coast PC, the only difference between "Medium " and "High " Density Residential Planning Areas is maximum density. As set forth in Section 11 -4 -C ( "Medium and High Density Planning Areas") of The Newport Coast PC, the regulations for permitted land uses and site development standards are combined. Therefore, the fact that this Chapter is a restatement of The Newport Coast Planned Community District Regulations Section 11 -4 -C, will except for the addition of Campanili to Accessory Uses Permitted, result in NRPC Planning Areas 13, 14, and 15 and Newport Coast PC Planning Areas 8 and 2C all having the same permitted uses and site development standards, consistent with Chapter 1 of this PC Program, "Purpose and Objectives ".) Where any portion of any dwelling unit falls within The Newport Coast Planned Community, that unit will be counted toward the number of units assigned to the respective Planning Area shown on The Newport Coast PC Development Map and Statistical Table. 1. Principal Uses Permitted The following principal uses are allowed in all Planning Areas designated for Medium Density (NC) and Medium High Density (NC) Use, subject to a Site Development Permit per Chapter X (Permit Regulations and Procedures): a. Detached single - family dwellings. b. Community care facilities serving twelve (12) or fewer persons per Zoning Code Section 7 -9 -141. c. Attached single - family dwellings and duplexes. d. Residential Planned Developments per Zoning Code Section 7 -9 -110. NRPC Program e. Multifamily residential developments, except condominiums and stock cooperatives, per Zoning Code Section 7 -9- 146.7. f. Residential condominiums and stock cooperatives per Zoning Code Section 7 -9 -147. g. Community facilities including the following uses, and related and similar uses: 1) Intra - community directional signs. 2) Public and private parks (non - commercial). 3) Public and private (non - commercial) recreation centers and facilities including, but not limited to, swimming pools, tennis courts, and clubhouses. 4) Riding, hiking, and bicycle trails. 5) Security and maintenance facilities related directly to the residential community. 6) Elementary school. h. Community service facilities including the following uses, and related and similar uses: 1) Community centers. 2) Community information centers. NRPC Program N i. Accessory Permitted Uses referenced in Section D -2 of this Chapter when located on a separate building site. 2. Accessory Uses Permitted NRPC Program a. Accessory uses and structures permitted when customarily associated with and subordinate to a permitted use on the same building site, per Zoning Code Section 7 -9 -137 except as modified in Section D -5 of this Chapter, including: 1) Garages and carports; 2) Detached accessory structures such as greenhouses, gazebos, cabanas, and storage sheds; 3) Swimming pools, therapy baths, water fountains, and related equipment; 4) Covered patios and decks; 5) Fences and walls; 6) Tennis courts, parks, trails, greenbelts, and common areas; 7) Non - commercial keeping of pets and animals per Zoning Code Section 7 -9- 146.3; 8) Home occupations per Zoning Code Section 7 -9- 146.6; and 9) Non - commercial /non - profit art displays and galleries. b. Campanili subject to Planning Commission approval per Chapter X (Permit Regulations and Procedures). i 3. Temporary Uses Permitted Temporary uses are permitted in Residential Planning Areas subject to the requirements of Orange County Zoning Code Section 7 -9 -136, "Temporary Uses and Structures ". 4. Prohibited Uses a. The storage of vehicles, equipment, or products related to a commercial activity not permitted in this area; b. The keeping of pets or animals for any commercial purpose; C. Apiaries; d. Industrial and manufacturing facilities; and e. Uses not provided for by Section DI through 3 of this Chapter shall be prohibited, subject to Zoning Code Section 7 -9 -20 (c). 5. Site Development Standards NRPC Program a. Building site area: Three thousand (3,000) square feet minimum for condominium, stock cooperative, and apartment developments; Two thousand five hundred (2,500) square feet minimum for detached and attached single- family, duplex, and other (non - residential) developments. b. Area per unit: One thousand (1,000) square feet minimum gross land area per dwelling unit, regardless of the slope of the land. C. Building site width: No minimum. d. Building height: Thirty-five (35) feet maximum, except forty-five (45) feet maximum for Planning Area 13. e. Building site coverage: No maximum. E Building setbacks: Ten (10) feet minimum from any exterior property line or property line abutting a public or private street, except garages and carports per Subsection 3 below. From any other interior property line, no minimum. g. Garage and carport placement: The point of vehicular entry to a garage or carport shall be a distance of seven (7) feet or less, or twenty (20) feet or more from the back of sidewalk, or if there is no sidewalk, from back of curb. h. Off- street parking: Shall be provided per Chapter VIII (Off - Street Parking Regulations). Open space (except for single - family developments): Minimum of five percent (5 %) of the net area of the project is to be reserved as usable open space. The following shall not be counted in computing the usable open space: streets, common driveways, slopes greater than 2.5:1 incline, and any property not reserved for the sole use and enjoyment of the occupants of the project and their guests. j. Trash and storage areas (except for single - family developments: All storage, including cartons, containers or trash shall be shielded from view within a building or area enclosed by a wall not less than six (6) feet in height. NRPC Program k. Screening (except for single - family developments): 1) Abutting residential areas. A screen shall be installed as required to buffer multiple - family developments from abutting areas zoned for single - family residential. Except as otherwise provided below, the screening shall have a total height of not less than six (6) feet and not more than seven (7) feet. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest point of elevation. 2) Parking areas abutting arterial highways. An opaque screen shall be installed along all parking areas abutting arterial highways. Except as otherwise provided below, the screening other than landscaping shall have a total height of not less than three (3) feet and not more than six (6) feet. 3) Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements of this Section. 4) A screen as referred to in Subsection 1, 2, and 3 above, shall consist of one or any combination of the following: a) Walls including retaining walls: A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of four (4) inches thick. b) Berms: A berm shall be constructed of earthen materials and it shall be landscaped. NRPC Program NRPC Program C) Fences, solid: A solid fence shall be constructed of wood, or other materials a minimum nominal thickness of one (l) inch. d) Landscaping: Vegetation shall consist of evergreen or deciduous trees or shrubs. 1. Landscaping (except for single -family developments): The planting of drought tolerant, native or non - intrusive non - native low maintenance species is encouraged. Landscaping, consisting of evergreen or deciduous trees, shrubs, groundcover, and /or hardscape shall be installed and maintained subject to the following standards: l) Boundary landscaping abutting arterial highways is required to a minimum depth of ten (10) feet. 2) Boundary landscaping abutting public streets, other than arterial highways, is required to an average depth of ten (10) feet with a minimum depth of five (5) feet. 3) Separation: Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six (6) inches higher than the adjacent vehicular area or in some manner be protected from vehicular damage. 4) Watering: Watering facilities shall be provided for all landscaped areas except where drought tolerant species have been established. 5) Maintenance: All landscaping shall be maintained in a neat, clean, and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the watering of all plantings per Subsection 4 above. M. Lights: All lights shall be designed and located so that rays are aimed at the site. n. Local roads: Standards for local roads, including gradients, width, radius of curvature, and lighting shall ensure that visual impact is minimized where feasible. o. Erosion control: Areas of disturbed soil shall be hydroseeded with native or non - intrusive non - native plants to control erosion. P. Contour grading: Manufactured slopes along development edges shall incorporate contour grading techniques. NRPC Program CHAPTER IV RECREATION USE REGULATIONS /DEVELOPMENT STANDARDS A. PURPOSE AND INTENT The Recreation Planning Areas of the Newport Ridge Planned Community provide for active and passive park sites and recreational uses, and also preserve open space areas in a primarily natural state for passive enjoyment and in a fuel- modified condition for wildland fire protection. Providing physical and visual linkages to the existing and proposed regional public open space system in the vicinity is an important goal of these areas. Recreation Planning Areas 17 and 18 are further proposed as Open Space Dedication Areas which, when combined with The Newport Coast Planned Community's Open Space Dedication Planning Area 11A, will preserve Buck Gully as a regional public open space corridor. Roads, utilities, grading, drainage, and other infrastructure improvements and facilities are permitted for the improvement of permitted park and recreational uses, and adjacent development Planning Areas. B. PRINCIPAL USES PERMITTED I. Principal Permitted Uses not subject to discretionary land use permits, plans, or approvals: a. Drainage and water retention facilities. b. Public utility lines and facilities. C. Maintenance of pubic facilities, roads and infrastructure. d. Open space (natural and modified for fire protection). NRPC Program e. Private open space and fuel modification areas where the land is owned and maintained by homeowners associations (not individual residents, public agencies, and /or districts). f. Public works, roads, drainage improvements, and other infrastructure necessary for the permitted development of other Planning Areas. g. Remedial grading required to resolve geotechnical /soils engineering problems associated with development Planning Areas and /or satisfy engineering requirements for related roads, infrastructure, and other development - related improvements. h. Passive recreation areas. 2. Principal Permitted Uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): a. Community facilities per Chapter VII -B -1. b. Picnic areas. C. Riding and hiking trail staging areas. d. Viewpoints and overlook areas. e. Scientific study or interpretive areas. f. Community service and community service commercial facilities per Chapter VII -B -1. NRPC Program 3. Principal Permitted Uses requiring a Use Permit per Chapter X (Permit Regulations and Procedures): a. Community service and community service commercial facilities per Chapter VII -B -2. b. Any other use which the Planning Commission finds consistent with the purpose and intent of this land use category. C. ACCESSORY USES PERMITTED 1. Accessory commercial uses that are directly related to a permitted recreational facility such as a golf course or tennis courts. 2. Accessory uses and structures customarily associated with and subordinate to a Principal Permitted Use per Orange County Zoning Code Section 7 -9 -137. D. PROHIBITED USES 1. Residential structures. 2. Wholesale and retail commercial uses, other than Accessory Uses permitted above per Chapter IV -C. 3. Industrial and manufacturing facilities. 4. Uses not provided for by Chapter IV -B and IV -C shall be prohibited, subject to Orange County Zoning Code Section 7 -9 -20 (c). NRPC Program E. OPEN SPACE MANAGEMENT PRIOR TO DEDICATION Prior to the transfer to public ownership of Recreation Planning Areas 17 and 18 (i.e.. proposed Buck Gully Open Space Dedication Area), private landowners shall comply with the following: 1. The landowner may continue existing uses, and may construct and maintain any fencing. firebreaks, fuel modification zones. water pipes, and agricultural facilities. and maintain access roads necessary for the continued use and protection of the property, and for facilities approved by the County of Orange for public health. safety, welfare. and recreation purposes consistent with this chapter. 2. New fences shall be designed so that wildlife can pass through. 3. No alteration of existing stream courses shall occur, except as necessary to provide fire access roads and /or protection. 4. No excavations of archaeological and paleontological sites will be permitted, except as required by public safety and /or utility facilities in accordance with Chapter II (General Regulations). 5. Notwithstanding any other provisions, landform alterations are allowed to accommodate realignment, improvement, and /or widening of San Joaquin Hills Road and associated improvements, and to allow grading, construction, and maintenance of park and recreation sites. F. SITE DEVELOPMENT STANDARDS 1. Budding site area: No minimum. 2. Budding site width and depth: No minimum. NRPC Program 3. Building setbacks: All buildings shall be set back from property lines a distance at least equal to the height of the building or structure, and not less than thirty (30) feet from any adjacent development Planning Area. 4. Building site coverage: Not more than five (5) percent of the total area in this land use category may be covered by buildings. 5. Building height limit: Twenty-eight (28) feet. 6. Off - street parking: Shall be provided per Chapter VIII (Off - Street Parking Regulations). 7. Screening of parking areas: Public parking areas adjacent to but outside of the right -of -way of public streets or highways shall be screened from view by earthen berms, fences, walls, and /or landscape plantings that, within five years, are at least seventy-five (75) percent opaque, provided such screening is consistent with public health and safety, and is approved by the Manager, Landscape Architecture. NRPC Program CHAPTER V COMMERCIAL VILLAGE USE REGULATIONS /DEVELOPMENT STANDARDS A. PURPOSE AND INTENT The purpose of these provisions is to regulate the design and development of the Commercial Village Planning Area within the Newport Ridge Planned Community. A variety of local commercial uses, facilities supporting the surrounding community, and the opportunity for multifamily residential uses combine to make this a unique mixed -use development area. Local commercial uses within the Commercial Village may include retail sales, local services, and limited professional and administrative office uses. The development of this centrally located Planning Area may combine multifamily residential and commercial uses in either of two ways: l) vertically -- where the ground level is reserved for commercial uses and the upper floor (or floors) contains multifamily dwellings; and /or 2) horizontally -- where multifamily residential uses are developed in conjunction with commercial uses on one site, either in attached or in separate building complexes. The Commercial Village Planning Area designation is intended to implement the County General Plan's Local Commercial Community Profile category (2.11) and High Density Residential Community Profile category (1.61) land use designations. B. PRINCIPAL USES PERMITTED 1. Principal Permitted Uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): a. Retail commercial businesses. b. Service commercial businesses, including dry cleaning service outlets utilizing off -site facilities only. NRPC Program C. Self- service laundries. d. Administrative, professional and business offices. e. Restaurants (except drive in/drive through). f. Cafes, bars and cocktail lounges. g. Civic and Governmental uses. h. Public /private utility buildings and structures. L Community facilities per Chapter VII -B -1. j. Community service and community service cornmercial facilities per Chapter VII -B -2. k. Residential Planned Developments per Orange County Zone Code Section 7 -9 -110. 1. Multifamily residential developments per Orange County Zoning Code Section 7 -9- 146.7. m. Theaters, libraries, museums, and cultural institutions. n. Hotels and motels. o. On -site dry cleaning facilities. p. Banks and other financial institutions. q. Residential time -share projects. r. Drive - through /drive -in restaurants. NRPC Program 2. Permitted Uses requiring a Use Permit per Chapter X (Permit Regulations and Procedures) a. Community service and community service commercial facilities per Chapter VII -B -3. b. Conference and /or convention centers. C. Animal clinics subject to the additional regulations of Orange County Zoning Code Section 7 -9- 146.1. d. Automobile service stations per Chapter VI. e. Any other use which the Planning Commission finds consistent with the purpose and intent of this land use category . C. TEMPORARY USES AND STRUCTURES Temporary uses are permitted subject to the requirements of Orange County Zoning Code Section 7 -9 -136, "Temporary Uses and Structures ". D. ACCESSORY USES AND STRUCTURES Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site, per Orange County Zoning Code Section 7 -9 -137. Accessory uses and structures shall be approved per Chapter X (Permit Regulations and Procedures) and include: 1. Garages and carports in compliance with the site development standards contained in Chapter V -F and the permit requirements listed in Chapter V -B. 2. Accessory structures such as gazebos, cabanas, and storage buildings. 3. Swimming pools, therapy baths, water fountains, and related equipment. 4. Covered patios and decks. NRPC Program 5. Fences and walls. 6. Tennis courts, parks, trails, walkways, greenbelts, and common landscape areas. 7. Signs per Chapter IX (Sign Regulations). 8. Campanili, subject to Planning Commission approval per Chapter X (Permit Regulations and Procedures). 9. Noncommercial keeping of pets and animals per Orange County Zoning Code Section 7- 9- 146.3. 10. Home occupations per Orange County Zoning Code Section 7 -9- 146.6. 11. Accessory uses and structures which the County Planning Director, finds to be consistent with the purpose and intent of this land use category. E. PROHIBITED USES 1. Wholesale sale of building materials with any exterior storage yards. 2. Major automobile repair, tire retreading, fender and body repair, paint shops and auto sales. 3. Automobile wrecking, junk and salvage yards. 4. Bottling plants. 5. Rental and sales agencies for agricultural, industrial, and construction equipment. 6. Warehouses, contractor storage and equipment yards, work and /or fabricating areas. 7. Welding shops. 8. Sanitariums, mental and health. NRPC Program 9. Lodge and union halls. 10. Industrial and manufacturing facilities. 11. Wholesale business operations. 12. Ice production. 13. Wholesale bakeries. 14. Single - family detached dwellings. 15. Game arcades or parlors where five (5) or more machines are located, except in conjunction with a movie theater, motel, hotel, or restaurant of more than ten (10) seats. 16. Adult entertainment businesses as defined in Orange County Zoning Code Section 7 -9- 146.2. 17. Hospitals, other than walk -in clinics or emergency centers. 18. Mortuaries. 19. Mini - storage facilities. " 20. Uses not provided for by Chapter V -B, V -C, and V -D shall be prohibited, subject to Orange County Zoning Code Section 7 -9 -20 (c). NRPC Program F. SITE DEVELOPMENT STANDARDS The following standards shall apply to all developments within this land use category: 1. Building site area: No minimum. The maximum is the net usable site area. A building site may in terms of functional land use and circulation, blend into that portion of The Newport Coast Planned Community bounded by this Commercial Village Planning Area, Newport Coast Drive, and Ridge Park Road. 2. Building site width and depth: No minimum. 3. Building height limit: Fifty (50) feet maximum for commercial or residential uses in separate structures. Sixty-five (65) feet maximum for commercial /residential mixed uses in the same building. Campanili may exceed the maximum building height subject to approval of a Use Permit by the Planning Commission per Chapter X (Permit Regulations and Procedures). 4. Building setbacks: a. Front setbacks: 1) Ten (10) feet minimum from the ultimate street right -of -way line if building is under twenty-five (25) feet in height. 2) Fifteen (15) feet minimum from the ultimate street right -of -way line if building is between twenty-five (25) and thirty-five (35) feet in height. 3) Twenty (20) feet minimum from the ultimate street right -of -way line if building is over thirty-five (35) feet in height. b. Side setbacks: 1) No minimum required if building is under twenty-five (25) feet in height. NRPC Program 2) Five (5) foot minimum from the side property line if building is between twenty-five (25) and thirty -five (35) feet in height. 3) Ten (10) foot minimum from the side property line if building is over thirty-five (35) feet in height. C. Rear setbacks: No minimum required. d. Projections into required setbacks: Eaves, cornices, chimneys, outside staircases, balconies and similar architectural features may project six (6) feet into any required setback; except that where the setback is less than six (6) feet, the projection shall not exceed sixty (60) percent of the required setback area. 5. Off- street parking requirements: Off - street parking shall be provided as required by the provisions of Chapter VIII (Off - Street Parking Requirements). Joint -use parking may extend into contiguous development Planning Areas of The Newport Coast Planned Community subject to Planning Commission approval of a master Detailed Parking Plan per Chapter VIII -D. 6. Signs: Shall be permitted in accordance with Chapter IX (Sign Regulations). 7. Lighting: All lighting, exterior and interior, shall be designed and located to confine direct rays to the site. 8. Commercial Loading and unloading: All commercial loading and unloading shall be performed on the site; Loading platforms and areas shall be screened from view from adjacent streets, highways, adjacent Recreation and Residential Planning Areas, and on -site residential uses. 9. Trash and storage areas: All storage, including cartons, containers or trash, shall be located within a building or an area enclosed by a wall of not less than six (6) feet in height. An overhead enclosure shall be required if visible from a residential area. NRPC Program 10. Screening: a. Streets and intersections: Screening along streets shall have a height of not less than thirty-six (36) inches nor more than forty-two (42) inches within twenty (20) feet of the point of intersection of: 1) A vehicular accessway or driveway and a street. 2) A vehicular accessway or driveway and a sidewalk. 3) Two or more vehicular accessways, driveways or streets. b. Parking areas abutting highways: A screen shall be installed along all parking areas abutting highways. Except as otherwise provided below, the screening shall have a total height of not less than thirty (30) inches and not more that forty-two (42) inches. C. Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with additional screening to satisfy the screening requirements of this section. d. A screen as referred to in Chapter V -F -10 shall consist of one or any combination of the following: 1) Walls, including retaining walls: A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six (6) inches thick. 2) Berms: A berm shall be constructed of earthen materials and shall be landscaped. NRPC Program 3) Solid Fences: A solid fence shall be constructed of wood or other materials a minimum nominal thickness of two (2) inches and it shall form a solid screen. A screen fence (non - solid) may be allowed, subject to Site Plan approval. 4) Landscaping: Vegetation, consisting of evergreen or deciduous trees or shrubs. e. Mechanical equipment such as, but not limited to, air conditioning, heating, ventilating ducts and exhausts placed on any roof shall be screened from view from any abutting street or highway. 11. Landscaping: Shall consist of a combination of evergreen or deciduous trees, shrubs, groundcover, or hardscape shall be installed and maintained subject to the following standards: a. Boundary landscaping abutting arterial highways is required to an average depth of fifteen (15) feet with a minimum depth of five (5) feet. b. Boundary landscaping abutting public streets, other than arterial highways, is required to an average depth of ten (10) feet with a minimum depth of five (5) feet. C. An additional amount of landscaping area, equal to at least five (5) percent of the net usable area of the project is required. d. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least four (4) inches higher than the adjacent vehicular area or shall in some manner be protected from vehicular damage. e. Permanent irrigation for establishment of planting shall be provided for all landscaped areas. f. All landscaping shall be maintained in a neat, clean and healthy condition. This shall include pruning, mowing, weeding, removing litter, fertilizing, replacing plants when necessary, and watering all plantings. NRPC Program CHAPTER VI SERVICE STATION SITE REGULATIONS /DEVELOPMENT STANDARDS A. PURPOSE AND INTENT The purpose of these regulations is to provide review procedures and site development standards for automobile service stations within the Newport Ridge Planned Community, where the need for such a facility is demonstrated. These regulations provide procedures to ensure the appropriate number, location, design, and maintenance of service stations. In order to implement these objectives, all proposed service stations shall be subject to Planning Commission approval of a Use Permit. All service stations shall be designed to shield views of the pump islands and service bays from abutting streets. B. USES PERMITTED Automobile service stations are permitted within the Commercial Village Planning Area subject to Planning Commission approval of a Use Permit per Chapter X (Permit Regulations and Procedures). Automobile service stations may, as part of an approved Use Permit, include the following accessory uses: 1. Sale /installation of petroleum products, tires, batteries, and related minor automotive accessories. 2. Minor automobile maintenance (e.g., tune ups, drive belt replacement, muffler /brake repair, and electrical repair), washing, and lubricating services. (Heavy automobile repair involving major engine, transmission, drive train or other repair is prohibited.) NRPC Program 3. Convenience Store / "Mini " - market offering incidental food, packaged goods, and convenience items to the motoring public. 4. Any other use which the Planning Commission finds consistent with the purpose and intent of this chapter. C. SITE DEVELOPMENT STANDARDS The following standards shall apply to all automobile service stations except as otherwise established by an approved Use Permit: 1. Building site area: Twelve thousand (12,000) square feet minimum. 2. Building height: Twenty-five (25) feet maximum. 3. Building line regulations (measured from main building): a. From ultimate right -of -way lines: Twenty (20) feet minimum. b. From interior property lines: Twenty-five (25) feet from any property line abutting an area designated for residential uses. Zero (0) feet from property lines abutting commercially designated areas. 4. Vehicular access regulations: Prior to clearance for issuance of a Building Permit for a service station, a plan of vehicular access for the entire street frontage of the building site containing the service station shall be approved by the County Planning Director. 5. Signs: Signs shall be permitted in accordance with Chapter IX (Sign Regulations). 6. Lighting: All lighting, exterior and interior, shall be designed and located to confine direct rays to the site. NRPC Program 7. Trash and storage area: All storage of cartons, containers, merchandise and trash shall be shielded from view within a building or area enclosed by a solid masonry wall not less than six (6) feet in height. No such area shall be located within fifty (50) feet of any Residential Planning Area or residential development within the commercial Village Planning Area unless it is fully enclosed by walls and a roof. 8. Enclosed uses: All activities other than the sale of motor fuels and lubricants and car washing shall be contained in a completely enclosed structure. 9. Screening: a. Abutting Residential Areas: An opaque screen, as defined in Section VI -C- 9 -d below, shall be installed along all site boundaries where the premises abut Residential Planning Areas or residential development. Except as otherwise provided, the screening shall have a total height of not less than six (6) feet nor more than seven (7) feet. b. Streets and intersections: Screening along all streets shall be a minimum of thirty -six (36) inches and a maximum of forty -two (42) inches in height except within twenty (20) feet of the point of intersection of: 1) A vehicular accessway or driveway and a street. 2) A vehicular accessway or driveway and a sidewalk. 3) Two or more vehicular accessways, driveways or streets. C. Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements of this section. NXPC Program U-4 Tone Vt I d. An opaque screen as referred to in Section VI-C-9-a, -b, and -c above, shall consist of one or any combination of the following types: l) Walls, including retaining walls: A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six (6) inches thick. 2) Berms: A berm shall be constructed of earthen materials and shall be landscaped. 3) Solid Fences: A solid fence shall be constructed of wood or other materials a minimum nominal thickness of one (l) inch and shall form an opaque screen. 4) Landscaping: Vegetation, consisting of evergreen trees, shrubs and groundcover. e. Mechanical equipment placed on any roof such as, but not limited to, air conditioning, heating, ventilating ducts and exhausts, shall be screened from view from any abutting street or highway and any abutting area where residential uses are permitted. f. Service station uses shall be designed such that operations are shielded from public view from highways by orienting pump stations and service bays away from public view from highways and by using landscape berms. 10. Landscaping consisting of evergreen trees, shrubs and groundcover shall be installed and maintained subject to the following standards: a. Boundary landscaping is required for an average depth of fifteen (15) feet with a minimum of ten (10) feet along all property lines abutting streets, residential developments and Residential Planning Areas except for the area NRPC Program required for street openings. The landscape setback at San Joaquin Hills Road shall comply with the Scenic Highway Implementation Plan. b. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least four (4) inches higher than the adjacent vehicular area or in some other manner be protected from vehicular damage. C. Permanent automatic irrigation facilities shall be provided for all landscaped areas. d. All landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing weeding, removing litter, fertilizing, replacing plants when necessary and regular watering of all plantings. 11. Storage: No portion of a service station site will be utilized for automobile storage other than for temporary parking of an automobile being serviced or for the temporary use of employees during working hours. 12. Alternative Uses: Service station sites and structures may be converted to alternative uses only upon Planning Commission approval of a Site Development Permit or an amended Use Permit, per Chapter X (Permit Regulations and Procedures). 13. New Use Permit after 12 -month closure: Service stations which are closed for more than twelve (12) consecutive months, shall be required to obtain approval of a new Use Permit per Chapter X, Permit Regulations and Procedures, prior to County issuance of a new Certificate of Use and Occupancy. NRPC Program CHAPTER VII COMMUNITY FACILITY USE REGULATIONS /DEVELOPMENT STANDARDS A. PURPOSE AND INTENT These regulations provide review procedures and site development standards for those supporting and service land uses and facilities which are appropriate and /or customarily established within a community, but which must be evaluated and monitored to ensure compatibility with surrounding uses. B. PRINCIPAL USES PERMITTED The following Principal Uses are permitted within any Planning Area of the Newport Ridge Planned Community, except for the Buck Gully Open Space Dedication Area (Planning Areas 17 and 18). 1. Principal Permitted uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): a. Community facilities including, but not limited to the following uses and related or similar uses: 1) Public and private parks (noncommercial). 2) Public and private (noncommercial) recreation centers and facilities including, but not limited to, swimming pools, tennis courts, and clubhouses. 3) Riding, hiking and bicycle trails. 4) Intra - community directional signs. NRPC Program 5) Security and maintenance facilities and structures related directly to the community. b. Model homes and /or sales offices, including signs and mobile coaches, for the first sale of new homes, with signs in connection therewith. C. Public utility buildings, structures, and facilities including, but not limited to, electrical, water, sewage, telephone and telegraph, cable TV, and other similar services, and their storage, distribution, treatment, and /or production facilities. d. Communication equipment buildings such as transmitters, antenna, towers. cable relay stations, satellite, and radar dishes. e. Community service and community service commercial facilities including the following uses and related or similar uses: 1) Fire stations. 2) Police stations. 3) Community information centers. 4) Post offices. 5) Community centers. 6) Civic and cultural facilities. 7) Private (commercial) recreation centers and facilities. including, but not limited to, golf courses, tennis courts, and swimming pools. NRPC Program 2. Principal Permitted Uses requiring a Use Permit per Chapter X (Permit Regulations and Procedures): a. Community service and community service commercial facilities including the following uses and related or similar uses: 1) Places of religious worship. 2) Schools (public and private). 3) Public and private day care centers and nursery schools. 4) Congregate care facilities. b. Any other community facility use found by the Planning Commission to be consistent with this Chapter. A Use Permit may be approved which establishes Alternative Site Development Standards for Community Facilities. C. SITE DEVELOPMENT STANDARDS The following standards shall apply to developments except as otherwise established by an approved Site Development or Use Permit: 1. Building site area: Same as the Planning Area in which the use is established. 2. Building height limit: Same as the Planning Area in which the use is established. 3. Building setbacks: Community facilities shall have the same setback requirements as the Planning Area in which such facilities are being established. 4. Off- street parking: Shall be provided in accordance with the requirements of Chapter VIII (Off - Street Parking Regulations). NRPC Program AAn - -H 1009 VTT o 5. Signs: Shall be permitted in accordance with Chapter IX (Sign Regulations). 6. Trash and storage area: All storage, including cartons, containers, merchandise and trash shall be shielded from view within a building or area enclosed by a masonry wall not less than six (6) feet in height. An overhead enclosure will be required if visible from a residential area. 7. Screening: a. Abutting Residential Planning Area: A screen, as defined in Chapter VII- C -7 -e, shall be installed along all site boundaries where the facility abuts residential areas. Except as otherwise provided, the screening shall have a total height of not less than five (5) feet nor more than seven (7) feet. b. Streets and intersections: Screening along all streets shall be a minimum of thirty -six (36) inches and a maximum of forty -two (42) inches in height within twenty (20) feet of the point of intersection of: 1) A vehicular accessway or driveway and a street. 2) A vehicular accessway or driveway and a sidewalk. 3) Two or more vehicular accessways, driveways or streets. C. Parking areas abutting streets and highways: A screen shall be installed along all parking areas abutting a street or highway. Except as otherwise provided, the screening shall have a total height of not less than thirty -six (36) inches and not more than forty-two (42) inches. d. Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such NRPC Program AA-1. 1009 VTT n change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements for this section. e. A screen as referred to in Chapter VII- C -7 -a, -b and -c shall consist of one or any combination of the following types: 1) Walls, including retaining walls: A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six (6) inches thick. 2) Berms: A berm shall be constructed of earthen materials and it shall be landscaped. 3) Solid fences: A solid fence shall be constructed of wood or other materials a minimum nominal thickness of two (2) inches and it shall form an opaque screen. 4) Landscaping: Vegetation, consisting of evergreen trees, shrubs, and groundcover. f. Mechanical equipment placed on any roof such as, but not limited to, air conditioning, heating, ventilating ducts and exhausts, shall be screened from view from any abutting street or highway and any abutting area zoned for residential or recreational use. 8. Landscaping consisting of evergreen or deciduous trees, shrubs, and groundcover sball be installed and maintained subject to the following standards: a. Boundary landscaping is required to be consistent with the underlying zoning. NRPC Program AA.. h 1000 •n, c b. An additional amount of landscaping, equal to at least five (5) percent of the net area of a project is required, and a minimum of twenty-five (25) percent of such landscaping shall be located in the area devoted to parking. C. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least four (4) inches higher than the adjacent vehicular area or shall in some other manner be protected from vehicular damage. d. Permanent automatic irrigation facilities shall be provided for all landscaped areas. e. All landscaping shall be maintained in a neat, clean, and healthy condition. This shall include pruning, mowing, weeding, removing litter, fertilizing, replacing plants when necessary, and regular watering of all plantings. NRPC Program ,Al-b IOOR Vii < CHAPTER VIII OFF - STREET PARKING REGULATIONS A. PURPOSE AND INTENT These regulations govern off - street parking of motor vehicles within Newport Ridge Planned Community. These regulations will result in parking facilities of sufficient capacity to manage traffic congestion and provide safe and convenient facilities for motorists and pedestrians. B. GENERAL REQUIREMENTS Except as otherwise specified herein, off - street parking for the Newport Ridge Planned Community shall be in accordance with Orange County Zoning Code Section 7 -9 -145, "Off- Street Parking Regulations ". These regulations are incorporated by reference as a part of this Chapter, with the following additions: 1. Location of off - street parking: Required parking spaces and garages shall be located conveniently close to the use or uses they serve. 2. Common area parking: Common area parking may be approved by a Site Development or Use Permit. 3. Joint -use parking: A reduction in the otherwise required number of parking spaces may be allowed per Chapter VIII -D. NRPC Program AJn,,A 1000 A717T 1 C. STANDARDS FOR INDIVIDUAL PRINCIPAL USES The following standards establish the minimum parking spaces required for individual principal uses: 1. Restaurants Ten (10) parking stalls minimum; or one (l) stall for each 100 square feet of gross floor area up to 4,000 square feet, plus one (1) for each 80 square feet of gross area over 4,000 square feet. 2. Retail and service One (1) parking stall per 200 square feet. commercial stores Parking requirements for mixed -use developments as permitted in the Commercial Village Planning Area are separately addressed in Chapter VIII -D below. D. JOINT -USE OR SHARED PARKING A reduction in the aggregate total of otherwise required parking spaces for principal uses within a mixed -use development may be permitted for either joint -use or shared parking upon the approval of a Detailed Parking Plan by the County Planning Director or by the Planning Commission in conjunction with a Site Development Permit and /or Use Permit. The approval of a parking reduction due to joint -use or shared parking shall be based on the following findings: 1. Such modification shall not have a negative impact on parking for public recreational uses. 2. Permit approval shall be conditional upon recording with the County Recorder, an agreement executed by all parties concerned in the shared parking arrangement. This agreement shall ensure continued availability of the required number of spaces. NRPC Program E. EXCEPTIONS AND /OR MODIFICATION TO OFF - STREET PARKING REQUIREMENTS The provisions of this Chapter and Orange County Zoning Code Section 7 -9 -145, are intended to meet the off - street parking needs for all uses allowed in the Newport Ridge Planned Community. Where, because of the nature of the use involved or other relevant circumstances, the requirements of this Chapter are considered to be excessive, an exception and /or modification to these provisions and those of Orange County Zoning Code Section 7 -9 -145 may be approved, provided such exception and /or modification is consistent with the purpose and intent of this Chapter: Exceptions and /or modifications to off - street parking requirements set forth in this Chapter and /or Orange County Zoning Code Section 7 -9 -145 shall be permitted subject to the approval of a Use Permit per Chapter X (Permit Regulations and Procedures). NRPC Program Marrh 799R vin_1 CHAPTER IX SIGN REGULATIONS A. PURPOSE AND INTENT This Chapter establishes standards for the uniform regulation of signs throughout the Newport Ridge Planned Community. These regulations are intended to produce a consistency in sign design that reinforces the collective image of the Planned Community, while maintaining flexibility for individual identification needs. All signs are to be designed, built, and installed according to the requirements given in this Chapter. This Chapter permits adequate signage and seeks to prevent unnecessary and unsightly signs inconsistent with the purpose and intent of the Planned Community. B. USES PERMITTED Signs, if proposed, shall be included as part of an approved Site Development Permit or Use Permit, or as part of a Sign Program either as part of a permit or as a condition of permit approval. Signs within the NRPC shall conform with Orange County Zoning Code Section 7 -9 -144, "Signs ", except as provided for in the following standards or as otherwise established by an approved Site Development Permit or Use Permit, or a Sign Program as defined in this Chapter: Free - standing (monument) signs: a. In addition to the requirements of Chapter X, applications for free - standing ground (monument) signs shall be accompanied by scale drawings indicating the size, sign copy, colors, method and intensity of illumination, height, sign area and general location of all signs on the building site. One (1) identification free - standing ground sign may be permitted as accessory to a main use for each building site with a street frontage in excess of NRPC Program A4-A 1009 iv , ninety-nine (99) feet. Where the building site abuts more than one (1) street, one (1) additional such identification sign is permitted on each additional street frontage that is in excess of ninety-nine (99) feet in length. In no case shall more than one (1) such sign on each street frontage for each building site be permitted. Such signs may identify anchor tenants within the Commercial Village or a neighborhood center, based upon the approved Site Development/Use Permit or Sign Program. b. Temporary signs advertising the sale, lease or rental of the property upon which the sign is located. Such signs shall not exceed a vertical height of twelve (12) feet, a horizontal length of eight (8) feet, nor a total area of thirty -two (32) square feet. C. Temporary signs denoting the architect, engineer or contractor placed on the premises where construction, repair or renovation is in progress. Such signs shall not exceed a vertical height of nine (9) feet, a horizontal length of six (6) feet, nor a total area of twenty-four (24) square feet. d. Signs or bulletin boards customarily incidental to places of religious worship, libraries, museums, social clubs or societies and other public or non - public institutions. Such signs shall not be erected in the public safety area nor exceed a total area of twenty-four (24) square feet. e. Temporary signs advising of future construction on the site upon which the sign is located. Such signs shall not exceed a vertical height of twelve (12) feet, a horizontal length of eight (8) feet, nor a total area of twenty- four (24) square feet. f. Planned Community directional signs. Such signs shall not exceed a vertical height of twelve (12) feet and may identify the Commercial Village. NRPC Program g. Planned Community reassurance signs. Such signs shall not exceed a vertical height of ten (10) feet and a horizontal length of four and one -half (4 '' /a) feet and may identify the Commercial Village. h. Temporary on -site and off -site signs in connection with model homes and /or model home sales offices and temporary sales offices established for the first sale of lots, including commercial coaches as indicated on an approved Site Development Permit as follows: l) In addition to the requirements of Chapter X, applications for such signs shall be accompanied by scale drawings indicating the type, size, sign copy, colors, height, sign area and location of all signs proposed. 2) Such signs shall not exceed a vertical height of twelve (12) feet, a horizontal length of eight (8) feet, nor a total area of one hundred (100) square feet. 3) A method and procedure guaranteeing the continued maintenance of such signs and their removal upon expiration or revocation of the sign permit shall be required as a condition of approval of a Site Development or Use Permit in connection with temporary on- and off -site signs. Community facility identification signs. l) In addition to the requirements of Chapter X, applications for such signs shall be accompanied by scale drawings indicating the type, size, sign copy, colors, method and intensity of illumination (if appropriate), height, sign area, and location. 2) Such signs shall not exceed a vertical height of twelve (12) feet, nor a total area of one hundred ( 100) square feet. NRPC Program j. Community identification signs. 1) In addition to the requirements of Chapter X, applications for such signs shall be accompanied by scale drawings indicating the type. size, sign copy, colors. method and intensity of illumination (if appropriate), height. sign area. and location. 2) Such signs shall not exceed a height of twelve (12) feet, nor a total area of one hundred (100) square feet, except that at entrances to the Planned Community, freestanding architectural identification monuments identifying potentially The Newport Coast as well as The Newport Ridge Planned Community shall not exceed a height of thirty-five (35) feet. Such community identification monuments shall have an area /footprint not to exceed fifteen (15) feet in depth and forty (40) feet in width. as approved by the Site Development/Use Permit. or Sign Program. k. Community event bulletin boards. Such signs shall not exceed a vertical height of twelve (12) feet, nor a total area of one hundred (100) square feet. 1. Intra - community directional signs. Such signs shall not exceed a vertical height of twelve (12) feet, nor a maximum area of one hundred (100) square feet. 2. wan signs: Business or identification wall signs shall be permitted for each business or nonresidential use and shall not exceed one (1) square foot of sign area for each linear foot of frontage of the building or portion thereof. The total aggregate sign area for such signs shall not exceed one hundred (100) square feet for each such use. If the building frontage of any such use is less than twenty-five (25) feet, only NRPC Program one sign, having a maximum area of twenty-five (25) square feet, shall be permitted for each such use. 3. Automobile service station signs: Signs for automobile service station sites are permitted subject to the following limitations or as indicated on an approved Use Permit. The total area of all signs shall not exceed an aggregate of two hundred (200) square feet on the premises. Notwithstanding the provisions of Chapter IX, only the following signs are permitted: a. One (1) ground sign, not to exceed six (6) feet in height and thirty -five (35) square feet in area, may be located along each street frontage abutting the site. b. Two (2) free - standing, permanently affixed, price signs not to exceed four (4) square feet in area each, provided that on corner sites such signs may be located no closer than one hundred (100) feet from the point of intersection of the abutting streets. C. The maximum size of any sign shall not exceed one hundred (100) square feet in area. d. Any additional signs shall be placed on or affixed to a structure. e. Advertising devices and advertising displays are prohibited on any service station site. 4. Mall signs: Signs located within malls, courts, arcades, or other enclosed areas where such signs are not visible from any point on the boundary of the premises, are permitted without limitation to size and number if otherwise consistent with this chapter. NRPC Program 5. Sign Programs: A Sign Program for the entire NRPC, the Commercial Village, and /or other Planning Areas requiring a Site Development Permit or Use Permit per Chapter X, may be approved either as a separate Conceptual Site Development Permit or as part of a land use development permit, or may be subsequently submitted to the County Planning Director for review and approval as a condition of permit approval. a. A Sign Program is intended to encourage innovation and latitude in order to achieve variety and an appropriate design. A Sign Program shall comprehensively cover an area within the Planned Community, and may, be approved which establishes Alternative Development Standards. b. A Sign Program shall be processed and approved in the same manner as a Site Development Permit or Use Permit as set forth in Chapter X. C. In addition to the requirements of Chapter X, the application for a Sign Program shall be accompanied by the following documents: 1) Coverage area: A map, drawn to scale, delineating the site proposed to be included within the Sign Program. 2) Building elevations: Drawings and/or sketches indicating the exterior surface details of all structures on the site. 3) Signage: Drawings of a uniform scale shall be used to indicate the sign copy size, method and intensity of illumination, height, sign area, and general location of all signs. NRPC Program ,1 --- u 'n.. ' C. PROHIBITED USES 1. Signs which incorporate any manner of mechanical movement, audible elements, flashing or intermittent lighting, or moving or otherwise animated forms. 2. Signs which project above a parapet or roof line, or signs which are located upon or affixed to the roof of a building. 3. Off - premises signs (except for approved directional signs and free- standing monument/ground signs), including signs or graphics applied to parked vehicles for nearby vendor identification. 4. Signs or graphics, except for addresses, printed directly on the exterior of a building or a temporary construction structure. 5. Landscaping that becomes a sign or message. 6. Graphics printed on or adhered to trash bins or their enclosures. 7. Advertising signs on bus benches. 8. Free - standing signs, except as may be provided for in this Chapter or an approved Sign Program. NRPC Program D. GENERAL REQUIREMENTS No free - standing sign or structure shall be permitted closer than five (5) feet of the ultimate street or highway right -of -way line. 2. All illuminated signs or lighting devices shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving lighting or lights. In no event shall an illuminated sign or lighting device be placed or so directed as to permit the beams and illumination to be directed or beamed upon a public street, highway, sidewalk or adjacent premises to cause glare or reflection that may constitute a traffic hazard or nuisance. 3. Intra- community directional signs may be placed in the street or highway right -of- way, subject to approval of a Sign Program by the County Planning Director or upon his referral, by the Planning Commission. 4. Signs shall not constitute a traffic hazard. No person shall erect, maintain, or cause to be erected or maintained any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of the words "STOP," "LOOK," "DANGER," or any other words, phrases, symbols, or characters in a manner to interfere with, mislead, or confuse traffic. NRPC Program Vnr�h loop Tv 0 CHAPTER X PERMIT REGULATIONS AND PROCEDURES A. PURPOSE AND INTENT Site Development Permits and Use Permits provide community and governmental representatives with an opportunity to review detailed development plans for certain appropriate projects within the Newport Ridge Planned Community, and also provide a method for establishing Alternative (site) Development Standards for these projects. With approval of a Site Development Permit or Use Permit, Alternative Development Standards may be established pursuant to this chapter, which modify the site development standards for residential and non - residential uses, without requiring an amendment to the Newport Ridge Planned Community Program as approved by the County of Orange. B. CONTENT OF APPLICATIONS Applications for Site Development Permits and Use Permits shall be filed with the County Planning Director as provided for in Orange County Zoning Code Section 7- 9- 150.2, "Applications". C. PROCEDURES Site Development Permits shall be processed per Orange County Zoning Code, Section 7- 9- 150.3(d), "Administrative action ", unless the County Planning Director, determines that the public interest would be better served by a public hearing before the Planning Commission. In such a case, the Site Development Permit shall be processed per Orange County Zoning Code Section 7- 9- 150.3(c), Public hearings. 2. Use Permits shall be processed per Orange County Zoning Code Section 7 -9- 150.3(c), "Public hearings ". NRPC Program 3. If Alternative Development Standards are proposed as part of a proposed Site Development Permit or Use Permit, or if said permit would authorize a principal use not specifically identified as permitted by this PC Program, such Site Development Permit or Use Permit shall always require public hearing before the Planning Commission per Orange County Zoning Code Section 7- 9- 150.3(c). 4. Site Development Permits and Use Permits shall be approved as precise plans for the location of the uses and structures shown on an approved Site Plan. If minor amendments or changes are proposed regarding the location or alteration of any use or structure, a Changed Plan shall be submitted for approval to the County Planning Director pursuant to Orange County Zoning Code, Section 7- 9- 150.3. 5. Applications for Site Development Permits and Use Permits may be processed concurrently with a tentative tract map(s), with one environmental review and document (e.g., EIR). At the discretion of the County Planning Director, minor projects which are accessory to, or an expansion of, an existing approved use may be exempted from the requirement for a Site Development Permit or Use Permit. 6. When a project requiring a Site Development Permit or Use Permit is to be developed in phases, a conceptual Site Plan may be submitted and processed in accordance with the procedures contained in this Chapter. A conceptual Site Plan may contain both specific and general data for the project. However, Building Permits will be issued only for those specific components of the Site Plan which have complied with the requirements for detailed Site Development Permits or Use Permits referenced in Chapter X -B. An amendment to a conceptual Site Plan may be necessary in order to provide the detailed information required by Chapter X -B for subsequent phases of the project. 7. When a Site Development Permit or Use Permit Application proposes to establish Alternative Development Standards, the Application shall provide, through the submittal of graphics and /or text, a description of the proposed Alternative Development Standards and how they differ from the baseline standards. In NRPC Program 11 -- -< 1000 1 1 addition, the Planning Commission shall consider the following criteria prior to final action on the Site Development Permit or Use Permit. a. General Character: Harmony in scale, bulk, coverage and density with surrounding land uses. b. Facilities: The availability of infrastructure facilities to serve the project. C. Harmful Effects: The harmful effects, if any, upon desirable neighborhood environments. d. Traffic: The generation of traffic and its effect on the capacity and character of surrounding streets. e. Noise: The existing and predictable future level and quality of noise the property is subject to, and the noise which would be generated by the proposed use. f. Suitability: The physical suitability of the site for the proposed project. 8. When a Site Development Permit or Use Permit Application proposes to establish Alternative Development Standards, the burden of proof shall be on the project proponent to show how the project will result in an equivalent or better project in terms of minimizing adverse impacts or enhancing public benefits to the immediate and surrounding community. If the Planning Commission does not find that the Alternative Development Standards meet this criteria, the proposed Alternative Development Standards shall be denied and the permit application shall be revised accordingly. 9. The appropriate County agencies shall ensure that the actual development is consistent with the approved Site Development Permit or Use Permit. Minor deviations from the approved Site Development Permit or Use Permit, as NRPC Program determined by the County Planning Director, may be permitted as a Changed Plan without an amendment to the Site Development Permit or Use Permit. 10. Where so specified in Use Regulations for the Commercial Village or a Residential Planning Area, Campanili shall be permitted subject to Planning Commission approval of a Use Permit per Orange County Zoning Code Section 7 -9 -150 (c), "Public hearings" and shall not be subject to the respective building height limit of the Planning Area, but shall be evaluated by the Planning Commission using the following design guidelines: a. A campanile shall be designed as a Mediterranean architectural accent element; a campanile is not intended to function as an occupiable building or as primary occupiable square footage for a building. b. The permitted height of a campanile shall be based upon historic Mediterranean proportions of height to its base and adjoining building heights. In no case shall a campanile exceed twice the otherwise permitted building- height limit within a Residential Planning Area, or one and one- half the otherwise permitted building- height limit for the Commercial Village. C. The number of campanili within the Newport Ridge Planned Community shall not exceed four (4). d. Campanile design shall have a simple geometrical plan (e.g. square, circular, octagonal, hexagonal, etc.). e. The architectural finish of a campanile should be concrete, plaster, brick, marble, or stone -- and both finish and color shall be compatible with adjacent building architecture. f. Campanile roof forms shall be either shallow or steep hip -type, polygonal steeple, pyramidal, or flat depending upon the historical precedent. NRPC Program Mnr,h 100R Y_d Location of a campanile shall be based upon topographic and site planning considerations, and may be either attached or freestanding as approved by the Planning Commission. A campanile shall be set back from the Public Open Space Dedication Area within Buck Gully a minimum distance equal to 200 percent of its height. Each Use Permit application for a proposed campanile shall be accompanied by a visual analysis in a format as determined by the County Planning Director. NRPC Program AA-b 7009 V C CHAPTER XI DEVELOPMENT MAP AND STATISTICAL TABLE REGULATIONS AND PROCEDURES A. PURPOSE AND INTENT This Chapter provides regulations and procedures for progressive amendments to the Planned Community Development Map and the Planned Community Statistical Table, which are anticipated with more detailed site planning and engineering of individual Planning Areas and land use projects. Procedures for the adoption and future amendment(s) to this NRPC Program are set forth in Orange County Zoning Code Section 7- 9- 103.9, "Adoption and amendment procedures ", and incorporated into this PC Program as follows: Adoption — A PC Program is initially processed and adopted per Section 7 -9- 155, except that the PC Development Map and Statistical Table are adopted by resolution of the Board of Supervisors while the PC Text, Zoning Map, and Statistical Summary are adopted by County Ordinance. 2. Amendment — After the PC Development Map and Statistical Table have been adopted by the Board of Supervisors, it may be amended by the Planning Commission per Section 7 -9 -150.3 (c), 'Public hearings ". However, if an amendment would change a policy approved by the Board of Supervisors, the Planning Commission shall make a recommendation and forward the proposed amendment to the Board for final action. B. PLANNED COMMUNITY DEVELOPMENT MAP The Planned Community (PC) Development Map (see Appendix B) covers all the territory included within the Planned Community Zoning Map (See Appendix A). The PC Development Map identifies Planning Areas and corresponding uses, along with other planning information. NRPC Program W—h /aaR V� 1 C. PLANNED COMMUNITY STATISTICAL TABLE The Planned Community (PC) Statistical Table contains the statistical breakdown for each of the Residential, Commercial Village, and Recreational Planning Areas shown on the Planned Community Development Map. The residential density categories on the PC Statistical Table, together with the nonresidential land use categories, shall coincide with the designations on the PC Zoning Map and the land use categories indicated on the PC Development Map. All Planning Areas which allow for residential uses shall be developed consistent with the maximum number of dwelling units indicated for the Planning Area in the PC Statistical Table. The estimated gross acres and estimated dwelling units shown in the PC Statistical Table shall be revised only in accordance with the requirements contained in this Chapter. No amendment to this PC Development Map and /or PC text shall be required for the purpose of changing the estimated number of dwelling units or the estimated acres assigned to a Planning Area in the PC Statistical Table, provided: 1. The change proposed is consistent with the adopted PC Zoning Map and Statistical Summary. 2. The proposed change does not exceed the maximum number of dwelling units assigned to any Planning Area; and 3. The proposed change does not result in an increase in the maximum number of dwelling units permitted in Newport Ridge Planned Community (2,550 dwelling units). NRPC Program Mnrrh 1QQR YT-1 D. PROCEDURES FOR REVISIONS TO THE PC DEVELOPMENT MAP AND STATISTICAL TABLE Revisions to the PC Development Map and Statistical Table are permitted in accordance with the following procedures: All revisions to the PC Development Map and Statistical Table shall be consistent with the PC Zoning Map and Statistical Summary contained in Appendix A. Revisions shall be consistent if they meet the requirements of this Chapter. 2. All Planning Area boundary lines and acreages identified on the PC Development Map and Statistical Table are estimates based upon current information and a generalized level of mapping. Refinements to the Planning Area boundaries /acreages are expected to occur with future project design and more detailed mapping and engineering. For this reason, Planning Area boundary lines and acreages shown on the PC Development Map and Statistical Table contained in Appendix B may be refined without amending the body of this PC text, when more accurate information becomes available and is submitted with future Permit Applications and /or Tentative Tract Maps. 3. Any proposed revision to increase estimated dwelling units in one or more Planning Area(s) shall be offset by a corresponding decrease in another Planning Area(s), so that the maximum number of dwelling units shown on the PC Statistical Table does not exceed either the maximum 2,550 dwelling units for the entire Planned Community, or the maximum dwelling units shown on the Statistical Table for each respective Planning Area. 4. Any proposed revision to reallocate the estimated number of dwelling units and /or the estimated gross acres assigned from one Planning Area to another Planning Area by more than ten (10) percent shall be approved by the Planning Commission. Revisions of ten (10) percent or less shall be deemed administrative refinements, and may be approved by the County Planning Director. Any change to the maximum dwelling units allowed in any Planning Area or the maximum square NRPC Program Um'h IOOA V1.1 footage within the Commercial Village shall be approved by the Planning Commission. 5. No proposed revision to the PC Development Map shall be approved which would reduce the gross acres proposed for Planning Areas 17 and 18 (Buck Gully Open Space Dedication Area) or other required parks /recreation areas. The proposed Buck Gully Dedication Area, like other Planning Areas. is gross acreage, which includes roads and arterial highways, grading, and permitted improvements. It is not intended that the total 54 acres within PAs 17 and 18 be natural open space. 6. Any proposed revision to the PC Development Map and Statistical Table shall be accompanied by a Site Development Permit application, Use Permit application. and /or Tentative Subdivision Map application. 7. Any proposal to reallocate the estimated number of dwelling units, and /or the estimated gross acreage assigned to land uses from one Planning Area to another Planning Area shall require submittal of the following information: a. The proposed graphic revision to the PC Development Map reflecting the proposed changes to the PC Statistical Table. b. An analysis of the proposed changes with the PC Zoning Map and Statistical Summary. C. A summary of 1) the number of units previously approved on all Tentative and all recorded Final Subdivision Maps. and 2) the number of units under construction or constructed at the time of the proposed PC Statistical Table revision. d. Identification of the ownership of the Planning Areas to be affected by the proposed PC Statistical Table revision. NRPC Program Adnr'B IOOR V1 G Any additional background and /or supporting information which the County Planning Director, deems necessary. 8. Unless otherwise determined by the Planning Commission, Appendix B of this PC Program document shall serve as the location for any future revisions to the Newport Ridge Planned Community Development Map and Statistical Table, as they may be approved by the Orange County Planning Commission. NRPC Program 11-L X000 11 1 CHAPTER XII The meaning and construction of words, phrases, titles, and terms used in this Planned Community Program shall be the same as provided in Orange County Zoning Code Section 7 -9 -21, except as otherwise provided in this Chapter. IMPORTANT NOTE: Definitions following a single asterisk ( *) are in addition to or different from the definitions contained in the Orange County Zoning Code; those following a double asterisk ( * *) are used in the Newport Coast Planned Community District Regulations, Chapter 12 (Definitions), and apply only to NRPC Planning Areas 13, 14, and 15. * *Bedroom: Any habitable room other than a bathroom, kitchen, dining room, living room, family room or den. * *Building Height: Building height shall be measured per the Orange County Zoning Code. except that Planning Areas 13, 14, and 15 which adjoin The Newport Coast Planned Community shall use the definition of Building Height contained in The Newport Coast PC District Regulations. *Campanile: A vertical architectural element (plural: campanili) historically serving as the bell tower or belfry in Italian hillside communities along the Mediterranean Sea. As the key landmark element of Mediterranean architectural design, the campanile may be attached or detached from the building to which it belongs, and is often articulated near the top of the tower with arched or rectilinear openings, a sloping roof, and additional cupola, tile or other ornamentation. *Commercial Recreation: Facilities and associated accessory uses subject to the site development standards of the Orange County Zoning Code Section 7 -9 -91.5. This includes athletic clubs, golf course clubhouses, tennis clubs, and their ancillary retail sales and /or dining areas. *Community Information Center: A temporary structure principally used as an information pavilion and /or office for the sale of homes in the community and including parking and administrative facilities. NRPC Program *Community Service Facility: A for - profit commercial or nonprofit use established primarily to service the immediate population of the community in which it is located. * *Grade, Finished: The level of the ground surface surrounding a building. *Gross Area: The entire land area within the boundary of a project, measured to the centerline of any abutting arterial highways. *Gross Residential Density: The density of a residential project computed by dividing the total number of dwelling units in the project by the gross area of the project. *Infra- community Directional Sign: A permanent or temporary sign, intended to give directions to any community or project location, including highway and street directionals as well as those within a major project. These include a) signs placed along major roadways leading to individual projects to provide reassurance directions to the public; and b) signs placed along interior streets to provide directions to specific residential neighborhoods, facilities, or amenities. *Joint -Use of Parking: The shared use of off - street parking facilities by more than one type of land use. The same parking spaces are counted to satisfy the off - street parking requirements of more than one land use (e.g., use of the same parking facility to satisfy the off - street parking requirements of a place of religious worship and an office building). * *Residential Duplex: Refers to a residential development where two dwelling units are permitted on one building site. Residential duplex includes planned concept subdivisions and cluster developments, either as conventional subdivisions or planned developments. * *Residential Multiple - Family: Refers to any residential development wherein the minimum number of permitted dwelling units on one building site is three (3) or more. Multifamily residential includes multifamily dwellings, apartments, condominiums and stock cooperative projects. NRPC Program "Residential Single - Family: Refers to any residential development wherein each dwelling unit is situated on a residential lot of record and no lot contains more than one dwelling unit and, where permitted, a caretaker's or employee's quarters. Single- family residential includes attached and detached single - family dwellings, planned concept subdivisions, cluster developments, either as conventional subdivisions or planned developments. NRPC Program CHAPTER XIII Note: The following Legal Description of Tentative Tract No. 13455, originally prepared by Williamson and Schmid, Consulting Civil Engineers and Land Surveyors, noted 89139 (A) and dated 01- 31 -90, text revised 10- 31 -90, course data revised 1 -4-91, sketch revised 4 -9- 90, course data and sketch revised by CDC Engineering 4 -3 -98, is the legal description for the Newport Ridge Planned Community. NRPC Program March 1998 X111 -1 YR•PCP.WPD NEWPORT RIDGE PLANNED COMMUNITY LEGAL DESCRIPTION THAT PORTION OF BLOCKS 91, 97, 98, 128, 129, AND 134 OF IRVINE'S SUBDIVISION IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA; AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "NORTH 130 30' 32" WEST 2148.68 FEET" ON RECORD OF SURVEY NO. 88 -1069 FILED IN BOOK 120, PAGES 36 THROUGH 41 OF RECORDS OF SURVEYS IN THE OFFICE OF SAID COUNTY RECORDER FOR A PORTION OF THE BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 70 IN RESOLUTION NO. 7311 OF THE CITY COUNCIL RECORDED DECEMBER 2,'1970 AS INSTRUMENT NO. 1442 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER, SAID TERMINUS BEING ALSO IN THE EASTERLY PROLONGATION OF THAT CERTAIN COURSE SHOWN AS "NORTH 87034'11" WEST 205.00 FEET" FOR A PORTION OF THE SOUTHERLY LINE OF TRACT NO. 7844 AS SHOWN ON THE MAP RECORDED IN BOOK 314, PAGES 27 THROUGH 38 OF MISCELLANEOUS MAPS IN THE OFFICE OF SAID COUNTY RECORDER. THENCE TRAVERSE THE FOLLOWING COURSES: 1. ALONG THE PROLONGATION OF SAID SOUTHERLY LINE N 870 34' 12" W 422.02 FEET; 2. ALONG SAID SOUTHERLY LINE N 870 34' 12" W 205.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1940.00 FEET; 3. WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 140 24' 32 ", AN ARC DISTANCE OF 487.88 FEET; 4. N 730 09' 40" W 1316.69 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2060.00 FEET; 5. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 250 59' 01 ", AN ARC DISTANCE OF 934.21 FEET TO THE PROLONGATION OF THAT CERTAIN COURSE SHOWN AS "N 9 °08'40" W (RAD) 60.00 FEET" FOR A PORTION OF THE EASTERLY LINE OF TRACT NO. 7247 AS SHOWN ON THE MAP RECORDED IN BOOK 278, PAGES 21 THROUGH 25 OF MISCELLANEOUS MAPS IN THE OFFICE OF SAID COUNTY RECORDER; 6. THENCE ALONG SAID PROLONGATION AND SAID EASTERLY LINE S 09° 08' 41" E 120.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS N 09 °08'41" W; CONTINUING ALONG SAID EASTERLY LINE THE FOLLOWING COURSES: 7. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF NRPC Program March 1998 602159.000 Page I of 6 CHUdGL.WPD 810 54' 20 ", AN ARC DISTANCE OF 35.74 FEET; 8. S 010 03' 01" E 139.26 FEET; 9. S 49° 15' 31" E 444.14 FEET; 10. N 070 47' 37" E 223.90 FEET; i i . S 730 59' 30" E 2559.23 FEET; NRPC Program March 1998 602159.000 Page I of 6 CHUdGL.WPD 12. N 90 000'00" E 679.33 FEET TO THE NORTHERLY LINE OF THAT LAND DESCRIBED IN A DOCUMENT TITLED "IRVINE COAST PLANNED COMMUNITY" RECORDED DECEMBER 9, 1987 IN INSTRUMENT 87- 680859 OF OFFICIAL RECORDS OF ORANGE COUNTY; THENCE TRAVERSING ALONG SAID NORTHERLY LINE THE FOLLOWING COURSES: 13. N 630 00' 52" E 190.96 FEET; 14. S 860 27' 36" E 465.31 FEET; 15. N 790 17' 24" E 1036.87 FEET; 16. N 870 09' 28" E 1338.73 FEET; 17. N 760 05' 15" E 328.20 FEET; 18. N 570 17' 39" E 446.57 FEET; 19. N 650 01' 27" E 434.01 FEET; 20. N 860 59' 22" E 553.17 FEET; 21. N 880 54' 33" E 863.22 FEET; 22. S 760 09' 08" E 668.82 FEET; 23. S 780 53' 26" E 404.48 FEET; 24. S 88° 34' 25" E 1138.24 FEET; 25. S 810 27' 48" E 968.88 FEET; THENCE TRAVERSING ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES: 26. S 890 22' 08" E 2576.65 FEET TO THE INTERSECTION WITH THE SOUTHERLY LINE OF PARCEL 10086 -1, AS SHOWN IN THE OFFER OF DEDICATION, RECORDED MARCH 16, 1993, AS INSTRUMENT NO. 93- 0174937, OF OFFICIAL RECORDS; 27. N 10 009'00" W 105.59 FEET; 28. N55 008'59" W 309.62 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 3432.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS N 34 °51'02" E; 29. WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05 °28'49 ", AS ARC DISTANCE OF 328.27 FEET; 30. N 570 29' 12" W 112.46 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 3440.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS N 29 °22'13" E; 31. WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04 032'39 ", AN ARC DISTANCE OF 272.83 FEET; 32. N 670 39' 36" W 73.89 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 3440.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS N 21043'30" E; 33. WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04 033'45 ", AN ARC DISTANCE OF 273.93 FEET; 34. N 680 02' 43" W 119.25 FEET; 35. N 740 40' 52" W 467.64 FEET; 36. N 790 33' 01" W 982.26 FEET, TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 3087.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS S 11 034'18" W; 37. WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 °33' 11 AND ARC DISTANCE OF 694.50 FEET; NRPC Program March 1998 602159.000 Page 2 of 6 CHU -WL. WPD THENCE LEAVING SAID SOUTHERLY LINE 38. S 240 17' 18" W 908.38 FEET; 39. S 850 55' 28" W 187.61 FEET; 40. N 740 53' 40" W 300.27 FEET; 41. N 710 42' 54" W 315.34 FEET; 42. N 670 54'06" W 326.08 FEET; 43. N 710 42' 55" W 244.92 FEET; 44. N 840 42' 47" W 262.45 FEET; 45. S 890 58' 37" W 332.85 FEET; 46. N 400 27' 47" W 289.17 FEET; 47. S 700 59'29" W 123.00 FEET; 48. S 730 39'29" W 77.00 FEET; 49. S 810 29' 29" W 81.00 FEET; 50. N 830 00' 31" W 95.00 FEET; 51. N 640 00' 31" W 103.00 FEET; 52. N 540 00' 31" W 86.00 FEET; 53. S 840 19' 29" W 170.00 FEET; 54. S 540 19'29" W 188.00 FEET; 55. S 700 59'29" W 110.00 FEET; 56. N 850 00' 31" W 115.00 FEET; 57. N 720 50' 31" W 136.00 FEET; 58. N 580 50' 31" W 71.00 FEET; 59. N 480 30' 31" W 60.00 FEET; 60. N 820 06' 35" W 60.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2940.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS S 82 °06'35" E; 61. NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 030 30' 25 ", AN ARC DISTANCE OF 179.95 FEET; 62. N 720 35' 09" W 177.41 FEET; 63. S 510 46' 28" W 135.00 FEET; 64. N 720 45' 08" W 77.84 FEET; 65. N 160 13' 32" W 170.00 FEET; 66. N 650 43' 32" W 130.00 FEET; 67. S 740 16' 28" W 48.00 FEET; 68. N 650 43' 32" W 80.00 FEET; 69. N 390 31' 41" W 69.89 FEET; 70. N 480 44' 35" W 758.25 FEET; 71. N 780 41' 24" W 40.00 FEET; 72. S 690 48' 36" W 190.00 FEET; 73. S 870 43' 06" W 130.07 FEET; 74. N 680 16' 31" W 85.00 FEET; 75. S 650 13' 29" W 92.00 FEET; 76. N 500 19'56" W 256.00 FEET; 77. S 670 40' 04" W 130.00 FEET; 78. N 500 19' 56" W 30.00 FEET; 79. N 070 54' 47" W 170.16 FEET; 80. N 500 19' 56" W 60.00 FEET; 81. N 280 51' 20" W 559.48 FEET; 82. N 550 40' 11" W 496.50 FEET; NRPC Program March 1998 602159.000 Page 3 of 6 CHU- LGL.WPD 83. N 240 04' 07" W 40.08 FEET TO THE BEGINNING OF CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 165.00 FEET; 84. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 300 46' 46 "AN ARC DISTANCE OF 88.64 FEET; 85. N 060 42' 39" E 201.85 FEET; 86. N 010 30' 08" E 32.84 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 180.00 FEET; 87. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44° 44' 15 ", AN ARC DISTANCE OF 140.55 FEET; 88. N 430 14' 07" W 143.41 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 130.00 FEET; 89. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 200 08' S5 "AN ARC DISTANCE OF 45.72 FEET; 90. N 230 05' 12" W 260.19 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 270.00 FEET; 91. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 120 49'53", AN ARC DISTANCE OF 60.47 FEET; 92. N 100 15' 19" W 280.84 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 240.00 FEET; 93. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 29'55", AN ARC DISTANCE OF 43.98 FEET; 94. N 200 45' 14" W 28.69 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 490.00 FEET; 95. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 260 08'55", AN ARC DISTANCE OF 223.63 FEET; 96. N 050 23' 41" E 131.08 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 645.00 FEET; 97. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 150 38' 31 ", AN ARC DISTANCE OF 176.09 FEET; 98. N 100 14'50" W 82.98 FEET; 99. N 060 32' 18" W 88.43 FEET; 100. N 03° 07' 13" E 36.96 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 380.00 FEET; 101. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 230 46'38", AN ARC DISTANCE OF 157.70 FEET; 102. N 260 53' 51" E 97.79 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 100.00 FEET; 103. ALONG SAID CURVE THROUGH A CENTRAL ANGLE 140 07' 27 "AN ARC DISTANCE OF 24.65 FEET; 104. N 120 46' 24" E 215.68 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 190.00 FEET; 105. ALONG SAID CURVE THROUGH A CENTRAL ANGLE 290 59' 18" AN ARC DISTANCE OF 99.45 FEET; 106. N 170 12' 54" W 161.71 FEET; 107. N 190 20' 06" W 658.65 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 85.00 FEET; 108. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 220 56' 49 "AN ARC DISTANCE OF 40.00 FEET; 109. N 040 01' 16" E 11.06 FEET; 110. N 270 47' 46" W 76.57 FEET; NRPC Program March 1998 602159.000 Page 4 of 6 CHIT -LGL. WPD 111. N050 13' 15"W 90.06 FEET; TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 327 63 FEET; 112. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 190 05' 12 "AN ARC DISTANCE OF 109.14 FEET; 113. N 24 018'27" W 211.22 FEET; 114. N 39 027'13" W 60.61 FEET; 115. N 29 035'09" W 271.06 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 480.50 FEET; 116. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 160 40' 40 "AN ARC DISTANCE OF 139.86 FEET; 117. NON - TANGENT TO SAID CURVE, N 28 042'22" W, 148.04 FEET, TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 200.00 FEET; 118. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 220 04' 38 "AN ARC DISTANCE OF 77.06 FEET; 119. N 06 037'44" W 65.74 FEET; 120. S 83022'16" W 9.19 FEET; 121, N 06 037'44" W 10.05 FEET; 122. N 83 022'16" E 9.19 FEET; 123. N 06 037'44" W 35.03 FEET; 124. N 06 028'50" W 89.81 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 264.03 FEET; 125. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27 058'30 "AN ARC DISTANCE OF 128.91 FEET; 126. N 28 020'53" W 29.74 FEET; 127. N 18 047'49" W 80.68 FEET; 128. N 39 048'53" W 44.27 FEET; 129. N 55 025'10" W 121.06 FEET; 130. N 05 048'21" W 220.55 FEET; 131. N 30 055'07" E 37.54 FEET; 132. N 43 032'39" E 81.42 FEET; 133. S 88 014'37" W 112.58 FEET; 134. N 68 054'08" W 223.59 FEET; 135. N 81029'27" W 249.13 FEET; 136. S 86 024'43" W 365.31 FEET; 137. N 50 002'10" W 245.27 FEET; 138. S 75 006'34" W 76.01 FEET; 139. N 29 021'31" W 23.59 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1902.75 FEET, A RADIAL BEARING THROUGH SAID CURVE BEARS N 28 054'25" W; 140. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04016'44" AN ARC DISTANCE OF 142.10 FEET; 141. S 65 022'19" W 34.51 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1870.07 FEET; 142. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08 001'53" AN ARC DISTANCE OF 262.14 FEET; 143. NON - TANGENT TO SAID CURVE S 31 009'45" W 45.90 FEET; 144. S 75 019'53" W 60.00 FEET; 145. N 60 029'58" W 45.90 FEET; 146. S 20 °51'04" E 38.53 FEET; 147. S 31027'36" E 74.18 FEET; NRPC Program March 1998 602159.000 Page 5 of 6 CH /l- LGL.WPD 148. S 66 059'42" E 77.04 FEET; 149. N 87 003'05" W 79.70 FEET; 150. N 88 014'22" W 57.60 FEET; 151. S 66 051'32" W 354.66 FEET; 152. S 31 058'31" W 51.16 FEET; 153. S 54 036'57" W 17.56 FEET; 154. N O8 002'29" W 61.67 FEET; 155. N 09 032'06" W 118.87 FEET; 156. S 88 020'57" W 96.27 FEET; 157. N 06 046'43" E 48.80 FEET; 158. S47 °22'18" W 243.71 FEET; 159. S 11 059'05" E 321.93 FEET; 160. S 34 044'15" E 535.70 FEET; 161. S 08 033'28" E 773.60 FEET; 162. S 390 54' 23" E 397.56 FEET; 163. S 100 04' 52" E 719.06 FEET; 164. N 460 54' 09" E 164.42 FEET; 165. N 540 10' 37" E 74.00 FEET; 166. N 28° 48' S2" E 140.12 FEET; 167. N 820 42'50" E 340.72 FEET; 168. S 070 17' 10" E 85.38 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET; 169. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 810 17' 01 "AN ARC DISTANCE OF 141.87 FEET; 170. S 880 34' 11" E 289.10 FEET; 171. S 070 26' 15" E 820.26 FEET; 172. S 320 34' 48" E 1465.88 FEET; 173. S 120 50' 53" E 680.00 FEET; 174. S 690 42'41" W 270.27 FEET; 175. S 860 11' 29" W 222.77 FEET; 176. N 230 38'49" W 437.65 FEET; 177. S 770 09'07" W 40.00 FEET; 178. S 460 16'43" W 309.17 FEET; 179. S 120 12'46" W 1024.86 FEET; 180. S 130 30' 32" E 2148.68 FEET TO THE POINT OF BEGINNING. SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF ROBERT OZIBKO L.S. 4666 CDC ENGINEERING NRPC Program March 1998 602159.000 Page 6 of 6 CH13-LGL. WPD NORTHERLY LINE OF INST. NO. 88- 272903, AND INST. NO. 87 -68( 'PVUTRTT "R" V EV 12/19/97 0: \JOB \1994 \94599 \MAPPING \EXHB3.DWG / l er;a q lL Sal bH {D{i �. :��•���:: li , Vii %• - {�' 11��� ��� o .1 •� L z� w O8 0�O U UA Za O 0 a \\ \) \§ P Q ' \ ± % /). \z e� - }y2 «' � � w \/ z- \� .\� ! \ / �� /. \ . \, 2` ' Ix `! \ f % § K s APPENDIX A PLANNED COMMUNITY ZONING MAP AND STATISTICAL SUMMARY I � n its It z i'appyy Q z O = C Z Ed LLJ i 1 I NER DRT ( C �ySt J _ I I 3u u{ g q t hi. / i• �¢ ae. A ?a6. i 3 8 e � `v n a € A . g y' 5a s 4b C? i4 U°B.g� f ?e zz 0� Z 7 O U O w Z g a t, APPENDIX B PLANNED COMMUNITY DEVELOPMENT MAP AND STATISTICAL TABLE Y ; � a r Fn W IL S J N ¢0 F7.� 5 5n ZI go 81 000000000 15 p� Iv = S lr mw w W z 2020 (/� H (/�� v WW WW O W R O ._` �R xx xx fJ R d fJ� Um NENPaK} W ti m �x, s rjr/ �sl 7 � z� z aZ W UO.J 91' 5 0 IrZ ZU� Qo O U)i ° 5 LLl OZ r W Z?: va� ON ga§ U° Q ILrc a Mq W�5 ZWz OZ) 0 LL 0 Z Q Z Wd N6j w�by -ji i `i LU W _3 (I 4 i m J 6 i �F SSSB "A "STREET /LOCAL B'IIIIII: "B " STREET /LOCAL C �amnn I I u.mc.ra= wwuvc Lm 0.PM. D "C " STREET /LOCAL FuBJ I 1 Exhibit C -3 STREET SECTIONS NEWPORT RIDGE PLANNED COMMUNITY NOT fol? \ 9M DOB wEUpro yry y� wLLFMAT LYmFJpEIM Y� I I �LY�RLOf R.D.w r L "D & E" STREETSi CUL -DE -SAC "F" STREET/ COMMERCIAL CORRERCIAL VILLAGE RAW. VARIES r GA i NEWPORT COAST DRIVE Wa ., WGE RESIDENTIAL Exhibit C -4 STREET SECTIONS THE IRVWE COMPANY NEWPORT RIDGE PLANNED COMMUNITY NOT TO SCALE uulw ESe /-- CYA(4JENT/L ` // / .�l�TYFIL bt�l.ES�7Nm/ 'I .a6G.pE+rr..� /!b'rn n�►rvAC�t v�veT.Tmr /UEL ncxvciunoN savE� Er /�w.c�EO w,&srowiE �. Kvc�sEo li to' vEeiTin'av ( _ /SO'rr/ ' .rECiaevrme..� cov�avrm... -._ ixE� �cv�•�onav soul �.wsM.�c vfGln I � Exhibit C -5 FUEL MODIFICATION SECTIONS NEWPORT RIDGE PLANNED COMMUNITY q" THE IRVNE COMPANY r-�- -� NOT TO SCALE v wcn ivve 3. The northern side of Newport Ridge Drive West, which skirts the outside of the County's Coyote Canyon Landfill, will accommodate a meandering trail within a 25- foot -deep landscaped area. Project -level Landscape Plans shall be prepared for each development project consistent with these Exhibits and shall be submitted for approval with applications for Site Development Permits, Use Permits, and /or Tentative Tract Maps. C. CONCEPTUAL FUEL MODIFICATION COMPONENT Development planning areas of the NRPC adjoin natural open space areas of Buck Gully and Coyote Canyon in several locations as illustrated on Exhibit C -1. In these areas it will be necessary to provide fuel modification to protect development from wildland fire hazards. In general, fuel modification areas are required between combustible structures and large contiguous areas of chaparral and coastal sage scrub vegetation. Such fuel modification may utilize native and naturalized plant materials to provide a visually gradual transition from residential edges to natural open space areas. A combination of fuel modification methods may be used within the NRPC, including Conventional Fuel Modification and Expanded Wet Zones. Conceptual cross - sections for fuel modification areas are shown on Exhibit C -5. These techniques will be implemented within a zone approximately 150 feet in depth, plus a minimum 20- foot -deep setback for combustible structures. The methods are described as follows: (the specific dimensions will be determined by the Orange County Fire Authority during review of Project -level Fuel Modification Plans). 1. Conventional Fuel Modification Techninuss -- include removing highly flammable vegetation, thinning combustible but slow burning vegetation, and adding low fuel - volume, fire- resistant vegetation. Irrigation is provided within an area approximately 50 feet from structures. NRPC Program March 1998 C -2 NR -PCP. WPP 2. Expanded Wet Zone Concepts -- consist of providing a new planting zone generally up to 150 feet deep that is irrigated. Species of plant material are selected that resemble and /or complement plants occurring in the natural areas adjacent to proposed development. These plants are fire - resistant, drought - tolerant natives or ornamentals, and are irrigated to keep their moisture content high to provide fire resistance. An Expanded Wet Zone can provide a gradual transition from native species of plant material to those that are introduced and extend up to building pads. Trees can be used sparingly to protect views of buildings near slope tops. A preliminary Fuel Modification Plant List for those areas where new plant materials are proposed within or adjacent to the NRPC is provided on the following pages. Specific fuel modification plants, including those species not specified on the Fuel Modification Plant. List, shall be approved by the Orange County Fire Authority as part of the review of Project -level Fuel Modification Plans. Project -level Fuel Modifications Plans shall be submitted for approval with applications for Site Development Permits, Use Permits, and /or Tentative Subdivision Maps abutting Recreational (i.e., open space) Planning Areas. Formal approval of Final Fuel Modification Plans shall be jointly by Orange County Fire Authority and Orange County Planning and Development Services Department. NRPC Program March 1998 C -3 ,,,.Pcp. pd FUEL MODIFICATION PLANT LIST i.. The following plant materials have been selected for their resemblance to plants occurring in the natural areas surrounding the Newport Ridge Planned Community and are proposed for use in Fuel Modification Areas. (Plant materials of similar character may be selected to substitute those listed below, subject to future soil testing and plant availability.) Trees: Arbutus unedo Eucalyptus citriodora Eucalyptus cladocalyx Heteromeles arbutifolia Quercus ilex Quercus suber Shrubs: Strawberry Tree Lemon - scented Gum Sugar Gum Toyon Holly Oak Cork Oak Baccharis pilularis Coyotebush Carissa grandiflora Natal Plum Ceanothus spp. Ceanothus species Cistus spp. Rockrose Coprosma kirkii Coprosma Myoporum debile Myoporum Pittosporum ' Wheelerii' Wheeler's Dwarf Rhamnus califomica Coffeeberry Rhus integrifolia Lemonadeberry Rhus Sugarbush Groundcover and Vines: Atriplex semibaccata Australian Saltbush Baccharis p. 'Prostrate' Prostrate Coyote Bush Bromus mollis Blando Brome Carpobrotus edulis Hottentot Fig Iva hayesiana Hayes Iva Lotus scoparius Deerweed Myoporum p. 'Pacifica' Prostrate Myoporum Plantago sempervirens Plaintain Salvia sonomensis Creeping Sage NRPC Program March 1998 C -4 nrwm.wva s Hydroseed Mix (Non- irrigated): Atriplex semibaccata Bromus mollis Eschscholzia californica Festuca megalura Lupinus succulentus Lotus scoparius Plantago insularis Plantago sempervirens Stipa lepida Stipa pulchra NRPC Program March 1998 C -5 Australian Saltbush Blando Brome California Poppy Zorro Fescue Arroyo Lupine Deerweed Plaintain Plantain Foothill Stipa Purple Needlegrass nr'PcP-w'PQ