HomeMy WebLinkAbout32 - Annexation & Development Agreement for Newport CoastITEM a?
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
SUBJECT: Amendments to the Annexation and Development Agreement for the
Newport Coast
RECOMMENDED (1) Conduct Public Hearing; and
ACTIONS:
(2) Authorize the Mayor to sign the Newport Coast Annexation and
Development Agreement as proposed to be amended.
BACKGROUND: The Newport Coast community is an approximately 5,615 -acre area south and
east of the City limits but within the City's sphere of influence consisting of the
Newport Ridge Planned Community and the Newport Coast Local Coastal
Program (LCP). When the Newport Coast is built out (by the mid- 2010s), the
community will have about 5,200 dwelling units, up to 2,150 visitor - serving
units, and two retail centers. About 4,500 people live in the Newport Coast
today. One retail center is currently graded and about 300 timeshare units are
either in place or under development.
On March 19, 2001, the City submitted an application to the Orange County
Local Agency Formation Commission ( LAFCO) to annex the Newport Coast.
LAFCO currently has the City's application under review and plans to set a
public hearing on the matter this summer. The anticipated effective date for the
annexation is January 1, 2002.
In preparation for the LAFCO hearing, the City has done the following:
• Adopted an Agreement between the Irvine Ranch Water District and the City
relative to water, wastewater, and reclaimed water services in the area
following any annexation (January 24, 2000).
• Adopted a Resolution of Application (Resolution 2000 -81) Requesting
Initiation of Proceedings to annex the area (September 26, 2000).
• Agreed to a series of Terms and Conditions with the residents of the
Newport Coast community to be applied following any annexation
(September 26, 2000).
• Amended the City's General Plan and Pre -zoned the area (October 24, 2000).
The Planning Commission approved these same GP amendments and pre -
zoning actions on September 21, 2000.
• Adopted an Annexation and Development Agreement with The Irvine
Company regarding development in the area (October 24, 2000). The
Planning Commission approved this Annexation and Development
Agreement on September 21, 2000.
• Introduced Senate Bill 516 (Johnson, 2001) clarifying the treatment of the
existing Newport Coast LCP should the City be successful in its annexation
of the Newport Coast (February 22, 2001);
• Authorized and directed LAFCO's separation of the three annexation areas
that the City initially proposed for annexation all at once, thus allowing the
Newport Coast portion of the annexation to proceed in 2001 (May 8, 2001).
Actions remaining to be completed by the City include:
• Formal adoption with the County of Orange of identical resolutions
describing the Master Property Tax Transfer formulas associated with the
Newport Coast and Bay Knolls portion of the annexation.
• Adoption of a joint powers agreement (JPA) describing the relationship
between the County and the City regarding land use authority, LCP
administration, and building and grading permits after annexation. This has
been sent to the County in draft form.
• A determination as to which Councilmanic district the Newport Coast should
be added to upon annexation.
• Amendments to the City's FY 2001 -02 budget that add service responsibility
for the Newport Coast on the effective date of the annexation.
City staff and representatives of the Irvine Company believe that the Annexation
and Development Agreement between the City and the Irvine Company should
be amended to reflect recent actions relating to the annexation, including:
• The introduction of SB 516 (Johnson) relating to the Newport Coast LCP
(please see Attachment C); and
• Recent actions by the California Coastal Commission to require special water
quality treatment structures in the Crystal Cove portion of the Newport
Coast development.
Incorporating these changes also allows the parties to correct minor errors and to
improve the technical language within the Development Agreement. The
changes proposed for incorporation into the Development Agreement are
included here as Attachment A. The Development Agreement itself - in strike-
out (language deleted) and underline (language added) form is included as
Attachment B. At a June 21, 2001 noticed public hearing, the Newport Beach
Planning Commission recommended that the Council approve the amended
Development Agreement
THIS AGENDA This Agenda Item asks the City Council to approve the proposed amended
ITEM: version of Annexation and Development Agreement for the Newport Coast.
ATTACHMENTS: Attachment A - Summary of Proposed Changes to the Annexation and
Development Agreement
Attachment B - Strike -out and underline version of the Annexation and
Development Agreement
Attachment C - Latest version of Senate Bill 516 (Johnson)
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Attachment B
ANNEXATION AND DEVELOPMENT AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
_►l
THE IRVINE COMPANY
IRVINE COMMUNITY DEVELOPMENT COMPANY
CONCERNING
THE NEWPORT COAST
AND ADJACENT PROPERTIES
ANNEXATION AND DEVELOPMENT AGREEMENT
This Annexation and Development Agreement (hereinafter "Agreement') is
entered into effective as of 29992001, (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 "GB," consisting of
approximatel --L==)5,615 acres.
B. The Property is currently in the unincorporated area of the County of
Orange ( "County "). OWNER has obtained development approvals from the
County and the California Coastal Commission 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 appreyed as
ranted after a lengthy planning process that involved the careful
review f numerous environmental documents (Planning and
errvkermi-ental Environmental #istery-History is attached as Exhibit 9C). The
development approvals include:
The County of Orange 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.
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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 fully conform to the
pment approvals and to fully facilitate full implementation of the Proiect, as
conditioned. To the maximum extent permitted by law, this Aqreement is intended
to be the functional equivalent of, or supplement, the County Development
Agreement in light of the CITY's intention to delegate to the County all municipal
land use authority over the Property until such time as the Project is complete.
H. The is within rs spherB of 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 implementation
of the Project in compliance with all the development approvalspeFmits.
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 CITY desires
assurances that OWNER will support eventual annexation of all of the Property to
in order to:
(a) Ffacilitate the timely and orderly integration of the Property into
the CITY consistent with the CITY's sphere of influence;
(b) Ffacilitate 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
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(c) ensure consistency with and implement the CITY's General Plan.;
and
At the same time, —2q)- -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 subject to conditions of approval imposed
by the Coastal Commission and the County and and consistent
with the City's General Plan;
(b) devetepAef#-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) Ddevelopment 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 NewpeFt BeaGh MUniGipal Gede Chapter 15.45 of the
Newport Beach Municipal Codes authorize CITY to enter into binding development
agreements with persons having a legal or equitable interest in real property. This
Agreement is consistent with the public policy that supports development
agreements in that it the
StFen *�irg-strengthens the public planning process, facilitates implementation
of comprehensive planning, provides significant public benefits, and eneragintt
reduces the
economic costs of sueh 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
annexation of ±ti„ o., peFty, this Agreement is wall be consistent with the City's
General Plan and with-the Newport Beach Municipal Code Chapter 15:45.
L. Nothing an this This Agreement is not intended
to, and shall not be construed, to impair the rights and obligations of OWNER, or
other involved parties under and pursuant to ettrthe 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.
a]
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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:
(a) General plans and general plan amendments adopted by the
County or the CITY;
(b) Specific plans and specific plan amendments;
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(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 "DG."
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.
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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" Map showing Property and its _
Planning and EnviFonmental Histefy.
Exhibit "C" -
laeataon. Planning and Environmental History.
Exhibit "D" List of County Development Approvals_
Exhibit "E" Mitigation Measures.
Exhibit "F" Affordable Housing Implementation Plans.
2 GENERAL PROVISIONS.
El
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, ordinance or other mechanism, eF similaF ^•f^^^emen`
to delegate to the County all municipal land use jurisdiction and all
responsibility for processing Development Approvals that the City
has, or may have, pursuant to State or local law.
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
dial ransfer sha#A4elateviolates 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, the
obligations of Owner pursuant to 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.
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2.2.4 Termination of Agreement nth Respect to Non -
Residential Parcels. Notwithstanding any other provisions of this
Agreement, the obligations of Owner pursuant to this Agreement
shall terminate with respect to any non - residential parcel and sash
the 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.
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.
OWNER's consent to annexation of all or a portion of the Property is
on, and OWNER has
3. 1.1 Annexation Before Project Completion. OWNER Will aeitheF
support CITY's annexation of the Property
in its entirety before project completion, provided that the Property
may be fully developed to the full extent permitted in the
as
tonowing conamonsa
(a) The Legislature has appro
signed, legislation that clarifies
such that annexation of the Pr(
each of the
and the Governor has
Will not
alter or affect the validity and enforceability of the Newport
Coast Local Coastal Program, Second Amendment, including
any amendments applicable to the Property and any related
coastal development permits, or ii - er-deprive the County of
authority to issue coastal development permits pursuant to
the terms of this Aqreement, any ordinance, joint powers
agreement, or other mechanism that confer:
use authority to the County after annexation
or any subsequent amendments that are certified by the
(b) The CJaAdopts, and maintains during the term of this
Agreement, the- appheable- general plan previsieas spesft
ginations
plans and zoning des for the Property that are
essentially as the same have beenidentical to the general
plan and zoning designations adopted by the County_, to the
Seeend AnTFnent; and in effect as of the Effective Date.
(c) The City transfers municipal land use
the issuance of buildinq and grading verr
pursuant to Mere into a joint powers or similar agreement
and /or ordinance until such time as the Project is complete or
until OWNER consents, in writing, to an assumption of
municipal land use authority over all or a portion of the
Pro e t. with the GOURty PF8seFviR9 with the Gaunty all
the Rreperty and PFejest unless and • ntil this ^gFeement has
3.1.2 Ultimate Annexation. OWNER will fully support CITY
annexation of all or a portion of the Newpert Goa6tProperty
without satisfying the provisions of Section 3.1.1, provided
that all annexed lots and /or parcels to be annexed have
received building permits for construction of structure(s)
consistent with the Development Approvals, and a certificate
of occupancy has been issued or a final building inspection
has been conducted and annexation will not interfere with,
affect, or impair the Development Approvals or OWNER's
ability to complete the Project.
3.2 Environmental Impacts and Mitigation. The parties acknowledge
that Environmental Impact Reports, environmental documents and functional
equivalents ( "Environmental Documents - described in Exhibit SC) 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
10
!U
21166 of the Public resoUFGeTResources 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 because the reorganization will not
increase, decrease, or modify any development of dedication when compared to
the entitlement prior to annexation. CITY has also determined that, subject to
incorporation of the mitigation measures identified in Exhibit "DE" 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 "DE"
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 attached to this Agreement as 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 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
11
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 of
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
DEVELOPMENT
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. CITY expressly agrees to take no action
that would or could (a) interfere with or i
interfere with or it
increase the cost of completi
consent; or (d) cause the tran
lursuant to State or lo(
m the County to the C
the Property affected I
eve
Z's ability to complete the project; (c) materiall
project without the OWNER's express writter
rf any permitting or development review
_law, including Government Code section
or any other agency until such time as that
the transfer is fully developed pursuant to the
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 Plar
and those Land Use Regulations not inconsistent with the Development Plan.
12
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 appileable permits
issued to OWNER pursuant to Development Approvals.
4.4 Changes and Amendments. The parties acknowledge that
Development of the Project wM4k*aay require Subsequent Development
Approvals. , and that in eenneetian theFewith OWNER may determine that
changes in the existing Development Approvals or
Development Plan are appropriate and desirable. In the event OWNER finds that
such a change is appropriate or desirable, OWNER may apply in writing for an
amendment to prieFDevelopment Approvals or the Development Plan to effect
sate such change, which and the application shall be processed for approval by
County. CITY shall expressly permit and authorize modifications of any proposed
changes in the existing Development Approvals or Development Plan that are
eensistent with the Land Use Element designati9RS fOF the PrepeFty unless the
proposed modifications:
tent with the Land Use Element designations for the
or
would raaterial� reduce the amount of open space intended for
dedication to the public, or
(cb) would materially alter the cost of providing municipal services to the
Property subsequent to annexation, or
(de) would materially reduce the amount of property tax or other revenue
available to the CITY after annexation, or
(ed) would 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 aPPF9V9d in a feFm to whish OWNER has eggsented in
in r or n or h Gliangain the DQV9I9PFA9Rt AppFayals 9F-Pevelopmsst Plan
13
rz
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 terrine GeastCoun 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.
4.6 Monitoring of Project. City shall, si
portion of the Property, have the right, pursuant
issued by OWNER, to enter the Property for the
development of the Property proceeds in substa
Development Approvals and all conditions to the
the issue of water quality and aesthetics. OWNI
Manager to provide CITY with access to all grad
specifications at or before submittal to the Coun
monitoring activities in a manner that does not u
develop the Property in compliance with Develo
prepared pursuant to monitoring shall be lodged
shall provide OWNER with the opportunity to re
prior to submittal to the Citv Manager. The mon
quent to annexation of all or a
standard riqht of entry permit
compliance
that are material to
nate a Proiect
ana DWamg plans
CITY shall conduct
with the City Manager and
iew and comment on the n
to
Subsection is not intended, and shall not be construed, to create any procedure,
right or process on the part of the CITY to review or evaluation the development of
the Property. City shall make available to any person, upon request, any report or
document lodged with the City Manager that is prepared by any professional
retained to conduct the monitoring authorized by this Section.
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
14
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.
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
15
--t
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 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
16
I :'1
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 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 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
17
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
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.
M.
(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.
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.
19
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
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.
20
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 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.
21
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.
10.20 Notice. All notices, demands, requests or approvals to be given
under this Agreement shall be given in writing and shall be deemed served when
delivered personally or on the third business day after deposit in the United States
mail, postage prepaid, first class mail, addressed as follows:
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
PO Box 1768
Newport Beach, California 92658 -8915
All notices, demands, requests or approvals to OWNER shall be addressed
to OWNER at:
Vice President of Entitlements
The Irvine Company
550 Newport Center Drive
Newport Beach, Califomia 92660
22
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first set forth above.
ATTEST:
By
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
CITY: CITY OF NEWPORT BEACH
By
Robert Burnham, City Attorney
(SEAL)
GAROLD B. ADAMS, Mayor
OWNER: THE IRVINE COMPANY
By _
Title
By_
Title
23
OWNER: IRVINE COMMUNITY
DEVELOPMENT COMPANY
By _
Title
By _
Title
[ALL SIGNATURES SHALL BE NOTARIZED. EXECUTION ON BEHALF OF
ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.]
24
EXHIBIT `A'
NEWPORT COAST ANNEXATION NO.CA00 -XX
TO THE CITY OF NEWPORT BEACH
BLOCKS: 5151, 5152, 5251
5252, 5253, 5351
5352
MODULES: VARIOUS
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 AND PARCEL 2 AND A PORTION OF PARCEL 1 PER
CORPORATION GRANT DEED BOOK 13439, PAGE 94 -132, RECORDED DECEMBER 19,
1979, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE EXISTING CITY BOUNDARY AS ESTABLISHED
BY REORGANIZATION NO. R097 -35, "BONITA CANYON ANNEXATION TO THE CITY OF
NEWPORT BEACH AND DETACHMENT OF THE SAME TERRITORY FROM THE CITY OF
IRVINE ", SAID ANGLE POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN
COURSE DESCRIBED AS "SOUTH 11 058'31" EAST 11.29 FEET" IN SAID
REORGANIZATION NO. R097 -35, AND BEING COMMON TO "HARBOR VIEWS HILLS -
PHASE 3" ANNEXATION TO THE CITY OF NEWPORT BEACH;
THENCE CONTINUING ALONG THE EXISTING CITY BOUNDARY OF THE CITY OF NEWPORT
BEACH PER "HARBOR VIEW HILLS -PHASE 3" ANNEXATION, THE "HARBOR VIEW HILLS
SECTOR 4" ANNEXATION, THE "HARBOR RIDGE ANNEXATION NO. 89 ", THE "HARBOR
RIDGE ANNEXATION NO. 82, THE "HARBOR VIEW HILLS -PHASE 3" ANNEXATION, THE
"HARBOR VIEW HILLS -PHASE 4" ANNEXATION, THE "ANNEXATION NO. 57 (CENTERVIEW
ANNEXATION) ", TO THE WESTERLY TERMINUS OF A LINE BEARING NORTH 89002153"
WEST A DISTANCE OF 1,050.00 FEET, SAID WESTERLY TERMINUS BEARS NORTH
37 005'00" WEST 2,050.93 FEET FROM HORIZONTAL CONTROL STATION "BUCK" HAVING
A GRID COORDINATE VALUE OF NORTHING 525199.56 U.S. SURVEY FOOT AND EASTING
1513406.22 U.S. SURVEY FOOT, BASED UPON THE CALIFORNIA STATE PLANE
COORDINATE SYSTEM OF 1983, ZONE VI, NORTH AMERICAN DATUM OF 1983 PER
RECORD OF SURVEY NO. 88 -1069, FILED IN BOOK 120, PAGE 37, RECORDS OF SAID
COUNTY; THENCE CONTINUING ALONG (CENTERVIEW ANNEXATION) THE "HARBOR VIEW"
ANNEXATION, ANNEXATION NO. 8, CITY BOUNDARY 1928 (COURT CASE N0. 23686)
INCORPORATED SEPTEMBER 1, 1906; THE "CORONA HIGHLANDS" ANNEXATION, THE
"SEAWARD 17" ANNEXATION, THE "CAMEO HIGHLANDS" ANNEXATION, THE ANNEXATION
NO. 82 RECORDED AS "ANNEXATION NO. 84 ", THE "CAMEO HIGHLANDS" ANNEXATION,
THE "ANNEXATION N0. 64 ", THE "CAMEO CLIFFS" ANNEXATION" THE "SHORE CLIFFS
- CAMEO SHORES TIDELANDS ANNEXATION" THROUGH THEIR VARIOUS COURSES IN A
GENERAL SOUTHEASTERLY, SOUTHWESTERLY, SOUTHEASTERLY, SOUTHERLY, WESTERLY,
LEG \1331- LGL1.D0C (04123/W SE PAGE 1 OF 9
EXHIBIT `A'
NEWPORT COAST ANNEXATION NO.CA00 -XX
TO THE CITY OF NEWPORT BEACH
SOUTHERLY, EASTERLY, SOUTHERLY, WESTERLY, SOUTHERLY,
SOUTHERLY, SOUTHWESTERLY, WESTERLY, NORTHWESTERLY,
WESTERLY, SOUTHWESTERLY, SOUTHERLY, NORTHWESTERLY,
WESTERLY, SOUTHEASTERLY, NORTHEASTERLY, SOUTHERLY,
NORTHWESTERLY AND SOUTHWESTERLY DIRECTION TO AN ANGLE
BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY
CAMEO SHORE TIDELANDS ANNEXATION ";
SOUTHEASTERLY,
SOUTHWESTERLY,
SOUTHWESTERLY;
SOUTHWESTERLY,
POINT ON THE
"SHORE CLIFFS -
THENCE LEAVING SAID CITY BOUNDARY IN A DIRECT LINE NORTHEASTERLY ±3 MILES
TO A POINT ON THE MEAN HIGH TIDE OF THE PACIFIC OCEAN; SAID POINT BEARING
SOUTH 37 039'50" WEST ±600 FEET FROM THE NORTHWEST CORNER OF PARCEL 3 OF
"PARK PROPERTY" AS DESCRIBED IN 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, SAID POINT BEING THE SOUTHWESTERLY
PROLONGATION OF THAT CERTAIN COURSE "NORTH 37 039'50" EAST 104.98 FEET" AS
DESCRIBED IN SAID DEED IN THE WESTERLY BOUNDARY OF PARCEL 3 OF SAID "PARK
PROPERTY ";
THENCE ALONG SAID SOUTHWESTERLY PROLONGATION "NORTH 37 039150" EAST TO THE
SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE "NORTH 37 039'50" EAST 104.98
FEET" IN THE NORTHWESTERLY BOUNDARY OF SAID PARCEL 3, SAID TERMINUS ALSO
BEING ON THE NORTHEASTERLY RIGHT OF WAY LINE OF THE PACIFIC COAST HIGHWAY
BEING A HIGHWAY OF VARIABLE WIDTH, AND FURTHER DESCRIBED IN BOOK 487, PAGE
1 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER;
THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY LINE ALONG THE
NORTHWESTERLY BOUNDARY LINE OF PARCEL 3 OF SAID "PARK PROPERTY ", NORTH
FEET; THENCE
NORTH 37 039'50" EAST 104.98 FEET TO THE BEGINNING OF A TANGENT
950.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHEAST; THENCE ALONG
THE ARC OF SAID CURVE
NORTHEASTERLY, 219.65 FEET THROUGH A CENTRAL ANGLE OF
13 019'50 "; THENCE
I.EG \1331- LGLI.W 104/23/011 GE
PAGE 2 OF 9
-7/)
EXHIBIT `A'
NEWPORT COAST ANNEXATION NO.CAOO -XX
TO THE CITY OF NEWPORT BEACH
NORTH
50 059'90"
EAST
1645.45
FEET
TO THE
BEGINNING OF A TANGENT
1300.00
FOOT RADIUS CURVE
CONCAVE
TO THE WEST; THENCE
ALONG THE
ARC OF SAID CURVE
NORTHEASTERLY,
1590.29
FEET
THROUGH
A CENTRAL ANGLE OF
70005124
"; THENCE
NORTH
19 010'99"
WEST
387.88
FEET;
THENCE
SOUTH
84042'97"
EAST
288.52
FEET;
THENCE
NORTH
58 039'02"
EAST
1018.72
FEET;
THENCE
NORTH
74008'09"
EAST
197.52
FEET;
THENCE
NORTH
60 027'90"
EAST
137.93
FEET;
THENCE
SOUTH
68 059'28"
EAST
150.05
FEET;
THENCE
NORTH
66 098'05"
EAST
167.55
FEET;
THENCE
NORTH
04038'08"
EAST
74.24
FEET;
THENCE
SOUTH
87 003'52"
EAST
84.20
FEET;
THENCE
NORTH
2321'06"
WEST
232.34
FEET;
THENCE
NORTH
51 008'19"
EAST
310.79
FEET;
THENCE
NORTH
31050'33"
EAST
223.66
FEET;
THENCE
NORTH
11055'46"
WEST
290.27
FEET;
THENCE
NORTH
30 002'00"
EAST
147.85
FEET;
THENCE
NORTH
35 052'56"
WEST
232.03
FEET;
THENCE
NORTH
10 031'90"
EAST
229.87
FEET;
THENCE
NORTH
46 028'08"
EAST
55.17
FEET;
THENCE
LEG \1331- LGLI.O (04/23/01) SE PAGE 3 OF 9
EXHIBIT `A'
NEWPORT COAST ANNEXATION NO.CA00 -XX
TO THE CITY OF NEWPORT BEACH
NORTH 67 053'26" EAST
NORTH 38 031'99" EAST
NORTH 24035'29" EAST
NORTH 03 052'93" EAST
NORTH 19 050'91" EAST
NORTH 49 001'92" EAST
NORTH 73 052'21" EAST
NORTH 60 099'09" EAST
NORTH 11 098'97" EAST
138.16 FEET; THENCE
138.06 FEET; THENCE
129.77 FEET; THENCE
118.27 FEET; THENCE
141.40 FEET; THENCE
150.97 FEET; THENCE
172.80 FEET; THENCE
176.38 FEET; THENCE
312.62 FEET; THENCE
NORTH 03 021'59" WEST 272.47 FEET TO THE SOUTHEASTERLY TERMINUS OF
THAT CERTAIN COURSE "SOUTH
28 099'97" 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 ALONG SAID WESTERLY
BOUNDARY
NORTH 28 099'97" WEST
NORTH 11 021'29" EAST
NORTH 08 021'57" WEST
NORTH 29 097'31" EAST
NORTH 80 008'95" EAST
328.52 FEET; THENCE
467.15 FEET; THENCE
68.73 FEET; THENCE
301.90 FEET; THENCE
383.72 FEET; THENCE
NORTH 30 018'90" EAST 301.17 FEET; THENCE
1.EG \1331- 1.G1.1.0 104/23/01) SE
PAGE 4 OF 9
)' 1
EXHIBIT `A'
NEWPORT COAST ANNEXATION NO.CA00 -XX
TO THE CITY OF NEWPORT BEACH
NORTH 79 056'51" EAST
NORTH 49 096'51" EAST
NORTH 75 036'00" EAST
NORTH 88 017'55" EAST
NORTH 02 027196" EAST
NORTH 25 097'27" EAST
NORTH 89 015'21" EAST
NORTH 11 039'59" EAST
NORTH 11 006'16" WEST
NORTH 10 097'09" EAST
NORTH 35 006'10" EAST
NORTH 16 038'20" EAST
NORTH 18 059'59" WEST
NORTH 16 025'90" EAST
NORTH 29 010'03" EAST
NORTH 19 029'00" EAST
NORTH 52 016'30" EAST
NORTH 80 017'00" EAST
NORTH 37 027'15" EAST
SOUTH 33 000'20" EAST
NORTH 70 038'36" EAST
996.86 FEET;
390.27 FEET;
152.80 FEET;
404.18 FEET;
186.17 FEET;
330.97 FEET;
308.03 FEET;
2549.93 FEET;
1038.99 FEET;
235.15 FEET;
551.26 FEET;
181.60 FEET;
188.16 FEET;
424.32 FEET;
196.98 FEET;
152.80 FEET;
67.01 FEET;
148.12 FEET;
274.61 FEET;
789.39 FEET;
784.31 FEET;
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
LEGU331-MLI.o m4i23i01) SE PAGE 5 OF 9
EXHIBIT `A'
NEWPORT COAST ANNEXATION NO.CA00 -XX
TO THE CITY OF NEWPORT BEACH
SOUTH 02 059'35" WEST 306.42 FEET; THENCE
SOUTH 22 006'00" EAST 356.17 FEET; THENCE
SOUTH 35 018'58" EAST 2345.66 FEET; TO WESTERLY TERMINUS OF THAT
CERTAIN COURSE "SOUTH 99 031'21"
EAST 678.84 FEET" IN THE
EXISTING NORTHEASTERLY BOUNDARY
OF SAID BOOK 13439, PAGE 94 -132;
THENCE LEAVING THE BOUNDARY OF
SAID BOOK 14292, PAGE 953 -956
AND ALONG THE NORTHEASTERLY
BOUNDARY OF SAID BOOK 13439,
PAGE 94 -132
SOUTH
99 031'21"
EAST
678.84
FEET;
THENCE
SOUTH
71 026'28"
EAST
584.39
FEET;
THENCE
SOUTH
85 006'26"
EAST
515.88
FEET;
THENCE
SOUTH
79 032'30"
EAST
420.20
FEET;
THENCE
SOUTH
66 097'38"
EAST
548.66
FEET;
TO A POINT ON THE
SOUTHEASTERLY
LINE OF BLOCK
161 OF SAID
IRVINE'S SUBDIVISION; THENCE
LEAVING THE
NORTHEASTERLY
BOUNDARY OF SAID
BOOK 13439,
PAGE 94 -132 AND ALONG THE
SOUTHEASTERLY LINE
OF SAID BLOCK
161
�G\133] -wx3.o (04 /23 /01) SE PAGE 6 OF 9
EXHIBIT `A'
NEWPORT COAST ANNEXATION NO.CA00 -XX
TO THE CITY OF NEWPORT BEACH
NORTH 40 033'59" EAST 262.79 FEET; TO A POINT ON THAT CERTAIN
COURSE BEARING "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 NO. 91- 330557 IN THE
OFFICE OF THE COUNTY RECORDER;
THENCE ALONG SAID COURSE AND THE
SOUTHWESTERLY BOUNDARY OF "THE
PROPERTY" OF SAID GRANT DEED
NORTH 68 021'18" WEST 321.71 FEET; THENCE
NORTH 60 007'59" WEST 785.39 FEET; THENCE
SOUTH 83 028'56" WEST 326.82 FEET; THENCE
NORTH 66 099'01" WEST 658.40 FEET; THENCE
NORTH 39 006'91" WEST 465.65 FEET; THENCE
NORTH 59 032'38" WEST 526.14 FEET; THENCE
NORTH 39 026'23" WEST 410.92 FEET; THENCE
NORTH 12 099'59" EAST 337.73 FEET; THENCE
NORTH 29 022'29" WEST 331.27 FEET; THENCE
NORTH 38 033'39" WEST 489.32 FEET; THENCE
NORTH 22 019'13" WEST 315.36 FEET; THENCE
NORTH 41 091'22" WEST 538.97 FEET; THENCE
NORTH 46 030'92" WEST 848.19 FEET; THENCE
NORTH 71 006'53" WEST 299.14 FEET; THENCE
LEG \1331- LGLI.D 104 /23/01) GE PAGE 7 OF 9
?G
EXHIBIT `A'
NEWPORT COAST ANNEXATION NO.CA00 -XX
TO THE CITY OF NEWPORT BEACH
SOUTH 89 008'09" WEST 252.22 FEET; TO THE SOUTHWESTERLY
PROLONGATION OF THE COURSE
DESCRIBED AS "NORTH 40 °00'00"
EAST 660.00 FEET" IN ANNEXATION
NO. 1 (FRAZIER ANNEXATION) TO
THE CITY OF IRVINE; THENCE ALONG
SAID PROLONGATION
NORTH 40 033'37" EAST 221.32 FEET TO A POINT IN THE SOUTHEASTERLY BOUNDARY
OF THE CITY OF IRVINE AS ESTABLISHED BY "REORGANIZATION NO. RO97 -09"
DISTANT THEREON SOUTH 69 016'17" EAST 1339.16 FEET FROM THE NORTHWESTERLY
TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 69 016'17" WEST 9968.85
FEET" IN THE CENTERLINE OF TR -73 (SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR) AS DESCRIBED IN PARCEL 1 OF SAID REORGANIZATION NO. RO97 -09;
THENCE ALONG SAID EXISTING CITY BOUNDARY AND THE CENTERLINE OF TR -73 PER
SAID "REORGANIZATION NO. RO97 -09" THROUGH THEIR VARIOUS COURSES IN A
GENERAL NORTHWESTERLY DIRECTION TO AN ANGLE POINT IN THE EXISTING CITY OF
NEWPORT BEACH BOUNDARY AS ESTABLISHED BY "REORGANIZATION NO. RO97 -35 ",
SAID POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT COURSE DESCRIBED AS
"NORTH 690 29'23" WEST 2092.48 FEET ";
THENCE ALONG SAID EXISTING CITY BOUNDARY PER SAID "REORGANIZATION NO.
RO97 -35" THROUGH ITS VARIOUS COURSES IN A GENERAL NORTHWESTERLY,
SOUTHERLY, SOUTHEASTERLY AND NORTHWESTERLY DIRECTION TO THE TRUE POINT OF
BEGINNING.
CONTAINS 5,615 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 July
12, 2000.
REX S. PLUMMER DATE
LS 6641
EXPIRATION DATE 12/31/03
LEG \1331- LGLI.D (04/23/01) SE PAGE 8 OF 9
7;�
EXHIBIT 'A'
NEWPORT COAST ANNEXATION NO.CA00 -XX
TO THE CITY OF NEWPORT BEACH
THIS PROPOSAL DOES MEET THE APPROVAL OF
THE ORANGE COUNTY SURVEYOR'S OFFICE.
DATED THIS DAY OF , 2001.
BY:
JOHN CANANS, COUNTY SURVEYOR
LEG \1331 -LGLI. DOG (01/23/01) SE PAGE 9 OF 9
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EXHIBIT
.INNING AND ENVIRONMENTAL HISTORY
•
Date
Document
Action/Approval
Relationship to Proposed 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.
19821
Irvine Coast Local Coastal
Approved by the County: certified
Established as first LCP for Irvine Coast
1983
Program 80- 41Land Use
by the Califomia 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.
project area) established maximum of 85 SF DUs.
PA14: 250 ovemight accommodations and 25.000
square feet of related commercial 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 tor Me
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/
FEIR 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
88
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 CDP land use
MCOP 88-11P and Vesting A'
planning areas. EIR analysis included PAs 3A. 38
Tentative Tract Map No. 13337
and 14: addressed construction of Sand Canyon
Avenue through PAs 3A and 38: partial widening
of PCH along The Irvine Company property;
construction of backbone drainage system as
recommended in the RMDRMP: 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.
tourist commercial. or golf course development
Subsequent EIRs. in conjunction with subdivision
'B' maps and project Coastal Development
Permits. have addressed area s proposals.
1989
Final EIR No. 511. Irvine Coast
Certified by the County of
_c
Evaluated construction level impacts for 11
Planned Community, Phase L
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
Date
Document
Action/Approval
Relationshi to Proposed Project
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
1989
Refined Master Drainage and
Approved by the County of
Recommended backbone 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 RMDRMP
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 with the
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
Orange
PA 3A and for a borrow site (in PA 38) in an area
Perm&Wfshbone Hill Grading
previously analyzed for development
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 Joaquin Hills Road
from the County Master Plan of Arterial Highways
(MPAH). Most relevant to the proposed project.
NC Phase IV -2. the approval of the MPAH
amendments removed the master planned
ID
segment of San Canyon Avenue from its existing
terminus just north of PCH to the San Joaquin Hills
Transportation Corridor (SJHTC). and deleted the
then planned interchange of San Canyon Avenue
at the SJHTC. The removal of this planned
segment was the result of changes in future land
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 been changed
in name (application in review at County) to Crystal
Cove Drive. and will serve as a community
accesslentry street rather than a County arterial.
The LCP Second Amendment further modffle6W
1996
Second Amendment to the
Approved by the County of
Newport Coast Local Coastal
Orange. and certified by the
LCP by adjusting planning area boundaries and
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
roads and planned communities.
1996
Natural Community
Certified by the County of
Addressed NCCPIHCP for CentraVCoastal Orange
Conservation Plan and Habitat
Orange. California Department of
County. Plan includes 37,000 acre reserve
Conservation Plan Joint
Fish and Game. and U.S. Fish
system, authorizes incidental take of coastal sage
Programmatic FEIR No.
and Wildlife Service
scrub, and provides regulatory coverage for 39
553/FE /S 96-26
individual species. The proposed project site is not
within the NCCP Reserve since the site was
master planned for development Mitigation
measures prescribed in FEIR 511 and FEIR
553IFEIS 96 -26 (NCCP) pertain to project impacts
553rFEIS 96-26
individual soecies. The proposed oroiect site is not
: I
Date
Document
Action/Approval
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 NCCPIHCP 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 NCCPIHCP 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
1 Addendum PA 970046 to E/R
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 OurNewport
•
fts kalM� Vw*portwnrDCxC
•
r'
0
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
pests, grading plan approvals and permits, etc.).
EXHIBIT E
MITIGATION MEASURES
We 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
5. Final EIR No. 511, Irvine Coast Planned Community, Phase I
6. Refined Master Drainage and Runoff Management Plan
0. 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
C1
`J
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.
•
L�li.l
AMENDED IN SENATE MAY 2, 2001
AMENDED IN SENATE APRIL 17, 2001
AMENDED IN SENATE MARCH 27, 2001
SENATE BILL
No. 516
Introduced by Senator Johnson
(Coauthor: Assembly Member John Campbell)
February 22, 2001
An act to add Section 30519.2 to the Public Resources Code, relating
to coastal planning, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 516, as amended, Johnson. Local coastal programs.
(1) The California Coastal Act of 1976 requires that, after a local
coastal program is certified and all implementing actions within the area
affected become effective, the California Coastal Commission ceases
to exercise any development review authority over any new
development proposed within the area affected and delegates that
authority to the local goverment that is implementing the local coastal
program.
This bill would require the County of Orange to exercise all
development review authority pursuant to the certified local coastal
program over those parcels and areas within the county, generally
known as the "Annexed Area," upon the effective date of any
reorganization or annexation by the City of Newport Beach that
includes all or part of the Annexed Area.
The bill would authorize the City of Newport Beach, at any time after
the effeetive Elate of the bill that annexation, if it elects to assume
96
FEN
Attachment C
L
SB 516 —2 —.
coastal management responsibility for the Annexed Area, to begin
preparation of a local coastal program for that area, and to adopt
provisions of the County of Orange's certified local coastal program
that would apply to the Annexed Area. The bill would require that
specified statutes and regulations governing procedures for the
preparation, approval, and certification of a local coastal program by
the California Coastal Commission be applicable to the eity's adoption
preparation, approval, and certification of a local coastal program for
the Annexed Area. The bill would require the City of Newport Beach,
if it deeidesto apply obtains certification of a local coastal program
for the Annexed Area pursuant to those provisions, upon the effective
date of that certification, to exercise all of the authority under the act
granted to a local government with a certified local coastal program,
and would provide that the aforementioned provisions requiring the
County of Orange to exercise all development review authority
pursuant to the certified local coastal program over those parcels and
areas within the county defined as the Annexed Area shall become
inoperative. The bill would require the City of Newport Beach to
submit to the commission for approval and
certification on or before June 30, 2003, or 24 months after the effective
date of the annexation of the Annexed Area, the city's local coastal
program for all of the
of all er paft of the Anne)Eed:Offea geographic area within the coastal
zone and the city's corporate boundaries as of June 30, 2000. By
requiring the City of Newport Beach to provide fef submit a eefti€ied
local coastal program for specified territory that lies inside the city
limits within a specified time period, the bill would impose a
state - mandated local program.
The bill would require the City of Newport Beach to submit a late fee
of $1,000 per month to the commission, to be deposited into an account
created by the bill, until the city commences implementation of an
effectively certified local program, as specified.
(2) The bill would state the findings and declarations of the
Legislature that, due to unique circumstances applicable to the County
of Orange, a statute of general applicability cannot be made applicable.
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
96
IV
-3—
SB 516
This bill would provide that no reimbursement is required by this act
for a specified reason.
(4) This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes. State - mandated
local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 30519.2 is added to the Public
2 Resources Code, to read:
3 30519.2. (a) (1) This seetien subdivision shall only apply to
4 territory leeated within the Gounty of
5 described in paragraph (2) and defined as the y "Annexed Area."
6 (2) For purposes of this section, "Annexed Area" means the
7 territory consisting of approximately 5,450 acres in the County of
8 Orange bounded to the north by the inland boundary of the coastal
9 zone, to the east by the western boundary of Crystal Cove State
10 Park, to the south by the state's outer limit of jurisdiction over the
11 Pacific Ocean, and to the west by the city limits of the City of
12 Newport Beach.
13 0))-
14 (3) This seetion shall take °" ° °' subdivision shall be operative
15 upon the effective date of the annexation of all or part of the
16 Annexed Area by the City of Newport Beach.
17 (e)-
18 (4) Upon the recordation of a certificate of completion of any
19 reorganization or change of organization that results in the
20 annexation of all or part of the Annexed Area by the City of
21 Newport Beach, both of the following shall occur:
22 (�}
23 (A) The local coastal program applicable to any part of the
24 Annexed Area shall continue to be the certified local coastal
25 program for the County of Orange.
26 (2-)-
27 (B) The County of Orange shall continue to exercise all
28 development review authority described in Section 30519, as
29 delegated to it by the commission pursuant to consistent with the
30 certified local coastal program €ef of the County of Orange for the
31 Annexed Area.
96
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SB 516
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
29
30
31
32
33
34
35
36
37
38
39
40
—4—
(d) (1)
(5) If, at any time after the
duiing the 2001 peiiieft of the 2001 02 Regular Session,
recordation of the certificate of completion of the annexation of the
Annexed Area, the City of Newport Beach elects to assume coastal
management responsibility for the Annexed Area, the city may
begin preparation of a local coastal program for that area. The City
of Newport Beach may adopt provisions of the County of Orange's
certified local coastal program that shall apply to the Annexed
Area. All of the procedures for the preparation, approval, and
certification of a local coastal program set forth in this ehapteF
division, and any applicable regulations adopted by the
commission, shall apply to the eity's adeptien preparation,
approval, and certification of a local coastal program for the
Annexed Area.
(2) if the City of Newpeft Beaeh deeides to apply-40F
punuati, to pafagFaph (1), tipen the effeeti-e-- date of that
effeetive date of the anit-exatieft E)f all of paA of the Amn-exed Area.
(6) If the City of Newport Beach obtains certification of a local
coastal program for the Annexed Area, the city shall, upon the
effective date of that certification, exercise all of the authority
granted to a local government with a certified local coastal
program, and the provisions of paragraph (4) shall become
inoperative.
(b) On or before June 30, 2003, or 24 months after the
annexation of the Annexed Area, whichever event occurs firs4 the
City of Newport Beach shall submit to the commission for approval
and certification the city's local coastal program for all of the
geographic area within the coastal zone and the city's corporate
boundaries as of June 30, 2000. The submittal may include a local
coastal program segment for the Annexed Area that will implement
09
qv
-5— SB 516
1 the local coastal program for the County of Orange as described
2 in paragraph (4) of subdivision (a).
3 (c) If the City of Newport Beach fails to submit a local coastal
4 program to the commission for approval and certification
5 pursuant to subdivision (b) or does not have an effectively certified
6 local coastal program within six months after the commission's
7 approval of the local coastal program, the City of Newport Beach
8 shall submit a monthly late fee of one thousand dollars ($1,000)
9 to the commission, to be deposited into the Newport Beach Local
10 Coastal Program Forfeiture Account, which is hereby created in
11 the General Fund. Moneys in the account may be expended, on
12 appropriation by the Legislature, for purposes of coastal
13 preservation and protection. The City of Newport Beach shall pay
14 the monthly late fee until the time that the city commences
15 implementation of an effectively certified local coastal program.
16 The city may not recover the cost of the late fee from any owner or
17 lessee of property in the coastal zone.
18 SEC. 2. The Legislature finds and declares that, due to the
19 unique circumstances applicable to the territory generally known
20 as the Annexed Area within the County of Orange relating to the
21 certified local coastal program for the county, a statute of general
22 applicability cannot be made applicable within the meaning of
23 subdivision (b) of Section 16 of Article IV of the California
24 Constitution.
25 SEC. 3. No reimbursement is required by this act pursuant to
26 Section 6 of Article XM B of the California Constitution because
27 a local agency or school district has the authority to levy service
28 charges, fees, or assessments sufficient to pay for the program or
29 level of service mandated by this act, within the meaning of
30 Section 17556 of the Government Code.
31 SEC. 4. This act is an urgency statute necessary for the
32 immediate preservation of the public peace, health, or safety
33 within the meaning of Article IV of the Constitution and shall go
34 into immediate effect. The facts constituting the necessity are: Irt
35 In deciding to annex territory in the coastal zone, as defined in
36 Section 30103 of the Public Resources Code, generally known as
37 the "Annexed AFea", Area, " the City of Newport Beach seeks to
38 preserve the open -space dedications and entitlements protected by
39 an existing certified local coastal program. At the same time, in
40 order to effectively fund police and fire protection services among
96
SB 516 —6—
1 municipal services to the area, the city needs the property tax
2 revenues from the Annexed Area to be allocated to the city for the
3 2002 -03 fiscal year.
U
96
I'
ITEM 32
NEWPORT BEACH CITY COUNCIL
June 26, 2001 Regular Meeting
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
SUBJECT: Amendments to the Annexation and Development Agreement for the
Newport Coast --ADDENDUM
At the Planning Commission's June 21, 2001 hearing on this matter, the Commission approved a motion
to recommend that the Council approve the proposed amendments to the Development Agreement. The
Commission also accepted staff's suggestion to make additional non - substantive amendments to the
Development Agreement. These include:
/ A correction and update of development approvals under Exhibit D to the Development
Agreement (please insert into your packet).
/ Corrections to Sections 4.4 (a) and (b). These corrections are provided to the Council in corrected
form on a new Page 13 for the Development Agreement and are summarized on a new
Attachment A to the Staff Report - please insert both the new Page 13 and the updated
Attachment A into your packet.
u
• EXHIBIT D
Summary of County Development Approvals
The components of the Development Plan include:
A. Newport Coast Local Coastal Program 2nd Amendment and all further amendments adopted
before the City assumes permit issuing authority for the property as provided for within this
Agreement. The Newport Coast Local Coastal Program, 2nd Amendment was 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. 98087 and 98 -88; Ordinance No. 98 -3);
C. Newport Coast Master Coastal Development Permit 711, 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.).
CJ
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 applisahle permits
issued to OWNER pursuant to Development Approvals.
4.4 Changes and Amendments. The parties acknowledge that
Development of the Project w44 "Tay require Subsequent Development
Approvals. , OWNER may determine that
changes Rd desiFabme in the existing Development Approvals or
Development Plan are appropriate and desirable. In the event OWNER finds that
such a change is appropriate or desirable, OWNER may apply in writing for an
amendment to p4e+-Development Approvals or the Development Plan to effect
uate such change, - eh and the application shall be processed for approval by
County. CITY shall expressly permit and authorize modifications of any proposed
changes in the existing Development Approvals or Development Plan that a:e
sensistent with the band Use ElerneRt designatiens fOF the PrePeFt,y unless the
proposed modifications:
!a -would materially- reduce the amount of open space intended for
dedication to the public, or
(b) would materially alter the cost of providing municipal services to the
Property subsequent to annexation, or
(c) would materially reduce the amount of property tax or other revenue
available to the CITY after annexation, or
(d) would 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.
13
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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
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 of
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 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. CITY expressly agrees to take no action
that would or could (a) interfere with or impair the Development Approvals: (b)
interfere with or impair the OWNER's ability to complete the project: (c) materially
increase the cost of completing the proact without the OWNER's express written
consent: or (d) cause the transfer of any permitting or development review
authority pursuant to State or local law. including Government Code section
30519, from the County to the City or any other agency until such time as that
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
12
to Development of the Property, shall be those contained in the Development Plan
and those Land Use Regulations not inconsistent with the Development Plan an
that were'in fuU force and effect aF of June 26i'2001':
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 pursuant to Development Approvals.
K 4.4 Changes and Amendments. The parties acknowledge that
Development of the Project w4l4kelymay require Subsequent Development
Approvals._, WNER may determine that
changes in the existing Development Approvals or
Development Plan are appropriate and desirable. In the event OWNER finds that
such a change is appropriate or desirable, OWNER may apply in writing for an
amendment to pfief-Development Approvals or the Development Plan to effect
sate such change7wh#sl4 and the application shall be processed for approval by
County. CITY shall expressly permit and authorize modifications of any proposed
changes in the existing Development Approvals or Development Plan that are
,.,,. siGteRt With thA i AMIJ 1 lse rmle -F eAt degi. Rata, fGF the PF9P9.+., unless the
proposed modifications;
(a) -would materially- reduce the amount of open space intended for
dedication to the public, or
(b) would materially alter the cost of providing municipal services to the
Property subsequent to annexation, or
(c) would materially reduce the amount of property tax or other revenue
available to the CITY after annexation, or
(d) would 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.
13