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HomeMy WebLinkAbout16 - Annual Review of Development Agreement 14 - Newport Coast_PA2011-030���WPORr CITY OF P'IT NEWPORT BEACH gCicOPH City Council Staff Report Agenda Item No. 16 September 25, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Kay Sims, Assistant Planner APPROVED: A TITLE: Annual Monitoring Review of Development Agreement No. 14: Newport Coast (PA2011 -030) ABSTRACT: Annual Monitoring Review of Development Agreement No. 14 (Annexation and Development Agreement Between the City, the Irvine Company, and Irvine Community Development Company concerning the Newport Coast Planned Community and Adjacent Properties). RECOMMENDATION: 1) Conduct a public hearing; and 2) Find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and 3) Receive and file an annual report of the Annexation and Development Agreement (Attachment A) FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 1 Annual Monitoring Review of Development Agreement No. 14: Newport Coast (PA2011- 030) September 25, 2012 Page 2 DISCUSSION: Introduction In 1988, the Irvine Company and the County entered into a Development Agreement for the development of the Newport Coast Planned Community. One of the provisions required that the Irvine Company prepare an Annual Monitoring Report (AMR) to be submitted to the County so that the County could determine that the development was proceeding according to the requirements and provisions of the development agreement. The actual development of Newport Coast did not begin until after the Coastal Commission certified a Second Amendment to the Newport LCP in 1996, and the first AMR was submitted in 1998 for the year 1997. The last AMR was submitted to the County in March 2005 for the year 2004. In March 2006, the County informed the Irvine Company that no further AMRs would be required since all of the obligations required in the agreement had been met. In 2001 the Newport Coast Planned Community was annexed to the City with the execution of Development Agreement No. 14 (DA) between the City, the Irvine Company, and the Irvine Development Company. Pursuant to the requirements of Chapter 15.45 of the Municipal Code and Section 6.1 (Review For Compliance Following Annexation, Periodic Review) of the DA, an AMR was submitted to the City Council in October 2011 for the years 2002 -2010. The report provided information to determine the following: although the County approved numerous discretionary approvals for the time period, there was not any substantive change to the development density or intensity established in the County certified LCP; all of the obligations required had been met; and a small amount of residential and tourist commercial entitlement allowed under the certified LCP had not yet been developed. On October 25, 2011, the Council found that the owners were in substantial compliance with the terms of the agreement. This year, the City requested and received a comprehensive report covering the period January 1, 2011, through December 31, 2011 (Attachment CC 1). The report provided information to determine that, during this period, no substantive changes to the development density or intensity originally approved by the County have occurred. Additionally, no new, fully- improved Planning Areas within the Newport Coast Planned Community were transferred to the jurisdiction of the City. Although the Newport Coast Planned Community is virtually built -out, some residential and tourist commercial entitlements allowed still remain to be developed. For Planning Areas not fully built out and transferred to the City, the County continues to retain jurisdiction for all discretionary and ministerial permits processed. Additionally, all coastal development permits or waivers continue to be reviewed by the County. After reviewing the AMR submitted, staff believes that the Irvine Company and Irvine Community Development Company have complied in good faith with the terms and 2 Annual Monitoring Review of Development Agreement No. 14: Newport Coast (PA2011- 030) September 25, 2012 Page 3 conditions of the Development Agreement related to the annexation and development of the Newport Coast Planned Community and adjacent properties. ENVIRONMENTAL REVIEW: Staff recommends the City Council find that this project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. NOTICIN[.- The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of this hearing was published in the Daily Pilot and the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. Submitted by: Kimberly ,0.-. Director Attachments: CC 1: Newport Coast Planned Community 2012 Annual Monitoring Report (Year 2011) 3 11 Attachment No. CC 1 Newport Coast Planned Community 2012 Annual Monitoring Report (Year 2011) 5 NO NEWPORT COAST Annual Monitoring Report Newport Coast Planned Community Year 2011 Prepared for: City of Newport Beach Community Development Planning Division Contact: Kimberly Brandt (949) 644 -3228 Submitted by: Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Contact: Dan Miller (949) 720 -2000 Prepared by: CAA Planning, Inc. 65 Enterprise, Suite 130 Aliso Viejo, CA 92656 Contact: Shawna Schaffner (949) 581 -2888 Completed: August 2012 7 The Newport Coast 2011 Annual Monitoring Report Contents SectionI — Background ................................................................................. ............................... 1 A. Introduction ................................................................................. ............................... 1 B. Project Description ...................................................................... ............................... I C. Project Status ............................................................................... ............................... 2 Section II — 2011 Discretionary Approvals ................................................... ............................... 7 Section III - Community -Wide Information .................................................. ............................... 9 Section N — Development Agreement Obligations .................................... ............................... 14 SectionV — Appendix ................................................................................. ............................... 27 1. 2002 Annual Monitoring Report Format (County of Orange) 2. Exhibit W, Planned Community Development Map (Newport Coast LCP) 3. Planned Community Statistical Table — 6`b Revision (Newport Coast LCP) 4. Exhibit D — Benefits to County and Its Residents (Irvine Coast Development Agreement, County of Orange) 0 The Newport Coast 2011 Annual Monitoring Report List of Exhibits Exhibit Planned Community Location Map Residential and Tourist Commercial Planning Areas Planned Community Statistical Summary Aerial Photograph I Section I — Background A. Introduction Section 6.1 of the Annexation and Development Agreement Between the City of Newport Beach and The Irvine Company and Irvine Community Development Company Concerning the Newport Coast and Adjacent Properties (Agreement), effective August 23, 2001, states the "City Council shall review the Agreement annually ... in order to ascertain the good faith compliance by Owner with the terms of the Agreement... " and "As part of that review, Owner shall submit an annual monitoring review statement describing its actions in compliance with this Agreement..." Pursuant to the City's request the Annual Monitoring Report (AMR) which follows for the Newport Coast Planned Community (Newport Coast) covers the period January 1, 2011 through December 31, 2011 (2011 AMR). Previously, the responsibility for reviewing the Newport Coast AMRs rested with the County of Orange (County) as required by the Irvine Coast (Newport Coast) Development Agreement between the County and The Irvine Company, effective May 23, 1988. All AMRs for the Newport Coast, including the attached 2011 AMR have been prepared in accordance with the Annual Monitoring Report Format (Appendix 1) provided by the County. The first AMR for Newport Coast was prepared for the Year 1997 and was submitted to the County in April of 1998. Following the 1997 AMR submittal, the County Planning and Development Services Department established a baseline AMR file for Newport Coast. Subsequent AMR submittals were required to include only those pages, exhibits, and maps that changed or required updating from previous AMR submittals. Each subsequent year the AMR included an updated statistical summary, a list of discretionary approvals, compilation of community and planning area activity data, an aerial photograph, and reporting the status of compliance with Development Agreement Obligations. An AMR was submitted to the County for review each year from 1997 through 2004. In March of 2006 the County informed Irvine Company that they were no longer required to submit an AMR. On February 23, 2011 the City of Newport Beach requested the preparation of an AMR for Newport Coast covering the years 2002 -2010 which was submitted and subsequently approved by the City Council on October 25, 2011. The 2002 -2010 AMR and the 2011 AMR which follow remains consistent with the format established by County. Initially, the criteria for reporting development activity for Newport Coast was to provide data for the reporting year, and to project the activity through to the end of 2005 and also through to the end of the build -out year which was estimated to be 2010. The build -out year is now estimated to be 2015. B. Project Description All development within the Newport Coast Planned Community is located within both the Coastal Zone as defined in the California Coastal Act of 1976 and the Newport Coast Local Coastal Program, 2nd Amendment (Newport Coast LCP). The Newport Coast LCP is divided into two parts, the Land Use Plan (LUP) and the Implementing Actions Program (IAP). 10 The Newport Coast Planned Community contains 9,493 acres of formerly unincorporated land which is now in the City of Newport Beach. Newport Coast was annexed into the City of Newport Beach in 2001. However, until the City receives certification of an LCP, land use development authority remains with the County. The Planned Community is bordered on the east by unincorporated areas of the Laguna Coast Wilderness Park, on the south by Crystal Cove State Park and the City of Laguna Beach and on the west by the Pacific Ocean as shown on the Planned Community Location Map (Exhibit 1). C. Project Status The Newport Coast LCP includes a Planned Community Development Map (Development Map) and a Planned Community Statistical Table (Statistical Table). The Development Map identifies Planning Areas and land uses within the Planned Community and the Statistical Table contains a statistical breakdown for each residential and non - residential Planning Area shown on the Map in terms of maximum and estimated number of dwelling units, resort accommodations, and gross commercial acreage. The Development Map and the Statistical Table are included in the Appendix for reference (Appendix 2 and Appendix 3). The 2011 AMR contains a more detailed and focused version of the Development Map and is identified here as the Newport Coast Residential and Tourist Commercial Planning Areas Map (Exhibit 2). Rather than showing the Planning Areas as vacant land, depicts the Planning Areas as subdivided residential or tourist commercial parcels surrounded open space area. Also, the community names for each planning area are included. The 2011 AMR also contains a modified Statistical Table entitled the Planned Community Statistical Summary (Exhibit 3) that provides an up to date accounting of the approved tentative maps, final maps, and building permits for the Planning Areas shown on the Newport Coast Residential and Tourist Commercial Planning Areas Map (Exhibit 2). Finally, an aerial photograph (June 2012) is provided (Exhibit 4) which shows the Newport Coast and the surrounding communities. The 2011 AMR Planned Community Statistical Summary shows that all residential Planning Areas have been subdivided and have approved Tentative Maps. However, there are approximately 189 residential units for which building permits have not been issued. It also shows that there are 2150 visitor serving accommodations (either hotel or non - individually owned) allowed under the LCP within the Tourist Commercial Planning Areas. Of this number, 700 visitor serving accommodations have been approved for the Marriott Vacation Resort (696 units built) and 408 visitor serving accommodations have been approved and built at the Pelican Hill Resort. There are 1042 visitor - serving accommodations remaining within the Planning Areas designated for Tourist Commercial land use subject to the maximum accommodations allowable for each Planning Area. For the purpose of the 2011 AMR build out of the Newport Coast Planned Community is 2015. 11 Qa4Q \ I� QaQ \v 4Ma40a OLSA CHICA j NEWPORT RIDGE yy PLANNING UNIT b�a4ua�4 ®a = � u�eoa� CO�p NEWPORT COAST � PLANNING UNIT RIVER ESTUARY v _ LACU A �j � i' HILLS NEWPORT 6 NEWPORT BEACH EMERALD BAYJ UQUH& MUCH SOUTH LAGUNA LAGUNA DQaQ D®OM4 CAPISTRANO ALISO CREEK PI ANNINr IINIT (1 4l PLANNED COMMUNITY THE IRVINE COMPANY LOCATION MAP NEWPORT COAST PLANNED COMMUNITY AMR Nal io Scale 12 i I ART f NOT A PART i "�© _ _ OT *-BART LAGUNA COAST WILDERNESS PARK - ,.,° 0 MTV 1 " - O r LAGUNACOAST WILDERN ESS -� PARK PELICAN HILL GOLF COURSE V \ LAGUNA WILDERNESS ESS PA PARK 1. LAGUNACOAST - WILDERNESS PARK - J PELICAN HILL �- GOLF COURSE CRYSTAL COVE � s LAGUNA STATE PARK WILDERN ESS PARK j PEUCANHILL / GOLFCOURSE CRYSTAL COVE STATE PARK CAA PLANNING P""", En v uM onre^.oEUrinEn ®H^U <MSAKER & AYSSOCIATES O Planning Sub- Community Area Area Open Space 1A, 18 Subareas Pelican Hill 1C Pelican Crest 2A 1 Pelican Heights 2 Santa Lucia 2B 1 Pelican Ridge 2 Pelican Ridge Estates 2C 1 Trovare 2 Attema 3 Ocean Heights 4 Los Trancos 5 Pacific Ridge 6 Campobello 3A, 3B, Crystal Cove 4A, 48 5 Pacific Ridge 8 1 Tesoro 9 Pelican Point 13A, 138 Marriott Newport Coast Villas 13C, 13D. Pelican Hill Resod 13E. 13F Newport Coast Residential and Tourist Commercial Planning Areas Exhibit 2 2s LEGEND ❑ Development Open Space Subareas Newport Coast Residential and Tourist Commercial Planning Areas Exhibit 2 2s 14 EXHIBIT 3 PLANNED COMMUNITY STATISTICAL SUMMARY FOR THE 2011 AMR NEWPORT COAST LOCAL COASTAL PROGRAM- SECOND AMENDMENT Sta[us as o 12131 10 Bfaius as of 13131111 ESTIMATED(l) MAXIMUM(2) DWELLING UNITS ON BUILDING PERMITS LAND USE PLANNING GROSS ACRES GROSS ACRES DWELLING UNITS/ DWELLING UNITS/ APPROVED SUBDIVISIONS ISSUED OR UNITS CATEGORYICODE AREA NONCOMMERCIAL COMMERCIAL ACCOMMODATIONS ACCOMMODATIONS UNDER CONSTRUCTION Tentative Maps Final Maps RESIDENTIAL: Hip NH to 25.5 29 Iv0 29 29 28 MeoiumlM tB 1331 115 100 115 115 115 HI9M1IH 1C 1794 (.� 1fi5 970 165 158 156 MetliumlM 2A 109.1 (3) 202 380 202 205 206 MeoiumlM 2B 203.3 (3) 400 539 i88 080 066 MeoiumlM 2C 283y 500 905 500 501 SOf MetliumlM 3A 100.9 (3J 1I9 8]0 179 I79 179 MetliumlM 3B 15].5 (3) 291 465 291 291 291 MetliumlM <A 23Ia 202 ]BC 202 203 78 MeoiumlM OB 100.0 - 108 507 100 108 51 MetliUmiLOwIML 5 1J5B 1)0 3W 170 171 135 LpwIL 6 72.9 0 75 0 0 0 low /L ]A 25.0 0 i6 0 0 0 LowIL ]B 25.0 0 10 0 0 0 HiONH 8 357 (31 96 3840 96 99 MeoiumAOwIML 9 506 (9) 55 96 66 55 55 TOTAL RESIDENTIAL 1,0]69 10.0 3 2,600 Z,fi 99 2,694 2,699 2,301 OPEN SPACEIRECREATION: GOLF COURSEIG IOA 2948 - 100 58.0 REC REATIONIR: Buck Gully, LOS Trancosl 11A 2W.5 - Muddy Canyons,Pelican/ 1iB 99.5 - - - - - - Wi5110UneHillAreas 12A 5]].3 - 12B 58.0 - t2C 98.0 I 2 J9,5 12E 2098 El Moro Elementary School f2F 19.5 Mom Cliver f2G 35.0 RH 3L5 121 1 9 Laguna BeacM1 COUnry Walee DlsUIQ 12J 9.0 Crystal COVe Stale Perk t] 2,80].0 (6) Iry ine CUasl W114eene55 16 599,4 (6) - ftepionalPaIX151 f9 133.0(8) - RecrealionParce1sA01awn1 200 12.0 - - - - - - IoLagunaCanVOnROaO 20C 0,0 - CONSERVATIONIC Conservation Paecels Adjacent to 16A 14.0 Laguna Canyon ftaa0 ifiR 14 Irvine Coast Wiltlemess 21AI218 1.989.0 (6) - - - - - - ft Zonal Paek 5 21C2fO TOTAL OPEN SPACES RECREATION ]p W.9 0 0 0 0 0 0 TOURIST f3A 8.2(]) 98.8 59618) 1,1pp 525 525 532 COMMERCIAL?C 13B 27.2 159 19) 600 175 175 i69 f3C 56 (7) 31 IDO 754 209 2M 2M 13D 26 p) 359 300 050 132 132 f32 13E 96.01]) 13.0 150 300 R 72 R 13F 1]fi (]) 14 2].] z4A ¢9 TOTAL COMMERCIAL 79,0 ] 20fA 2,150 2,160 1f0ii 1.108 11p9 GflANO TOTAL 9262.6 211.3 ] 264412150 264012150 2.fiO4 /1,148 9 2,599/1,108 9 2381 1 (1) Euim aletl numbs, al a Planllirp Area. -noneyescesscer coos, en's 121M eolaw mm per Planmme (31 AmaHlmum will be CelmMM nMeEVmM qII Rev] eMlalPalavy A2a51C, 3A, 2B, 3A. 3B w0. Rnsucessace51nt sm0gAcyl.In.meMCCmmeeual (912]9 Instant Are¢9 htlewNtl lU GoM Louess. AssMR¢si.oial rpm, 161 AUeapeiat eM. 11s, C n. Palk consamei 151 Telalame all. TCm9senem¢5e none, IS) T94oncewnnn TOanG e�ameewlPUamey Areaa is tlawtrom cox cooree. (51 ibeeU Urvaknlol]W ees6n sammdletioeS M1evebeen e00eovM inaCmslal Oer¢ kpme MP ertnil lotlM Matmll Varslion Remel. 191 Tne maiunum allcwaEle numCerM mSJeNial unxc is 2600 aN IM marsnua albwa0le num Dee of lounG mmmemal acmmmWalbrs b2150 w -0n al IeaG 360 accommWalbns OelrW e4Mrlglel, mgel, or me�9piN6wlry gvne0. Al pmSeM rcAMeltle resitlenlul melh¢butisl ttmmeltiel mlepolie551putl be consEeretl ramOkle. 1109 10 Exhibit 4 Newport Coast Planned Community 1� 12 Section II — 2011 Discretionary Approvals This Section documents all discretionary permits approved by the County of Orange and the City of Newport Beach for 2011 and includes the type of permits approved — i.e., Coastal Development Permit, Changed Plan, Site Development Permit, or Zoning Clearance, a summary of the purpose of the permit issued and the date each was approved. 19 Discretionary Approvals 2011 March 16, 2011— Changed Plan CP100019 Changed Plan CP100019 - The County of Orange Planning Director approved Changed Plan CP100019 to Coastal Development Permit PA050038 documenting the architectural changes originally approved under PA050038. July 1, 2011 — Zoning Clearance SA2011 -016 Zoning Clearance SA2011-016 — The City of Newport Beach Planning Division Staff issued Zoning Clearance SA2011 -016 (PA2011 -127) documenting that the proposed changes at 7862 East Coast Highway located within the Crystal Cove Promenade Shopping Center were in substantial conformance with the original approving action of the Orange County Planning Commission. The proposed changes consisted of alterations to the suite formerly occupied by the restaurant Sage on the Coast to accommodate the new restaurant Tamarind of London. July 28, 2011— Changed Plan CP110009 Changed Plan CP110009 — The County of Orange Planning Director approved Changed Plan CP110009 to Coastal Development Permit PA980101 which amended the approved sign program to expand the number and to modify the design parameters of the Primary Tenant Wall Signs (Sign Type #3) and the Directory Sign (Sign Type #8). September 15, 2011— Zoning Clearance SA2011 -020 Zoning Clearance SA2011-020 — The City of Newport Beach Planning Division Staff issued Zoning Clearance SA2011 -020 (PA2011 -160) documenting that the proposed changes at 7972 East Coast Highway located within the Crystal Cove Promenade Shopping Center were in substantial conformance with the original approval action of the Orange County Planning Commission. The proposed changes consisted of alterations to a suite formerly occupied by Red Mango Frozen Yogurt in order to accommodate the new restaurant Bear Flag Fish Company. ME Section III - Community -Wide Information The Community -wide and Planning Area Information Update provides a summary of the changes that occurred for land use (gross acreage and square footage), population, dwelling unit, and employee information for the entire community for 2011. Following the summary, the same statistical information is provided for the individual Planning Areas that were the source for the changes for 2011. Following is a list of the Planning Areas that experienced change in 2011. • Planning Area 4A Crystal Cove • Planning Area 4B Crystal Cove • Planning Area 5 Pacific Ridge 21 ATTACHM ENT 3 COMMUNITY -WIDE INFORMATION 2011 ANNUAL MONITORING REPORT COMMUNITY /PROJECT NAME: Newport Coast ESTIMATED BUILDOUT YEAR: 2015 B. Residential Population' 1 3,843 1 5,357 1 5,850 C. Dwelling Units /Accommodations AS OF 12/31102 AS OF 12131/11 AT BUILDOUT A. Developed Acres by Land Use Attached (including Rental) 513 513 Residential - Detached 785.6 1,439.5 1,632.6 Residential - Attached 242.2 242.2 242.2 Commercial 0.0 10.0 10.0 Commercial Square Footage 0 125,000 125,000 Industrial 0.0 0.0 0.0 Office 00 00 0.0 Other - Open Space and Recreation 7,407.8 7,407.8 7,407.8 Other - Tourist Commercial Resort 10.7 201.3 201.3 TOTAL DEVELOPED ACRESI 8,446.3 1 9,300.8 1 9,493.9 B. Residential Population' 1 3,843 1 5,357 1 5,850 C. Dwelling Units /Accommodations Single - Family Detached 1,195 1,868 2,087 Attached (including Rental) 513 513 513 Other - Tourist Commercial Resort Accommodations 117 1,104 1,104 TOTAL DWELLING UNITS 1,825 2,381 2,600 TOTAL ACCOMMODATIONS 117 1,104 1,104 D. Employees Commercials 0 283 283 Industrial 0 0 0 Office 0 0 0 Other - Open Space and Recreation 75 75 75 Other - Tourist Commercial Resort ' 50 994 994 TOTAL EMPLOYEES 125 1,352 1,352 ' Residential population based on 2.25 PPDU Source: CA Dept of Finance and Center for Demographic Research, CSU Fullerton as of June 2001 ' The maximum allowable number of residential units is 2,600. The current number of approved residential units is 2,599 ' The maximum allowable number of tourist commercial accommodations is 2,150. The current number of approved tourist commercial accommodations is 1,108 4 Employees based on existing count for golf course s Employees based on 0.9 /accommodation Source: General Employment Generation Factors - County of Orange 22 ATTACHMENT4 PLANNING AREA INFORMATION 2011 ANNUAL MONITORING REPORT COMMUNITY /PROJECT NAME: Newport Coast ESTIMATED BUILDOUT YEAR: 2015 PA 4A B. Residential Population' 1 0 1 230 1 457 C. Dw lling Units AS OF 12/31102 AS OF 12/31/11 AT BUILDOUT A. Developed Acres by Land Use Attached (Including Rental) 0 0 Residential - Detached 0.0 119.9 237.4 Residential - Attached 0.0 0.0 0.0 Commercial 0.0 0.0 0.0 Commercial Square Footage 0.0 0.0 0.0 Industrial 0.0 0.0 0.0 Office 0.0 0.0 0.0 Other- Open Space and Recreation 0.0 0.0 0.0 Other- Tourist Commercial Resort 0.0 0.0 0.0 TOTAL DEVELOPED ACRES1 0.0 1 119.9 1 237.4 B. Residential Population' 1 0 1 230 1 457 C. Dw lling Units Single - Family Detached 0 78 203 Attached (Including Rental) 0 0 0 TOTAL DWELLING UNITSIACCOMMODATIONSI 0 1 78 203 D. Employees Commercial 0 0 0 0 0 0 Industrial 0 0 0 0 0 0 Office 0 0 0 0 0 0 Other- Open Space and Recreation 0 0 0 0 0 0 Other - Tourist Commercial Resort 3 0 0 0 0 0 0 TOTAL EMPLOYEES 0 0 0 0 0 0 Residential population based on 2.25 PPDU Source: CA Dept of Finance end Centerfor Demographic Research, CSU Fullerton as of June 2001 2 The maximum allowable number of residential units is 2,600. The current number of approved residential units is 2,599 3 Employees based on existing count for golf course 4 Employees based on 0.9 /accommodation 2S ATTACHMENT4 PLANNING AREA INFORMATION 2011 ANNUAL MONITORING REPORT COMM UNITYIPROJECT NAME: Newport Coast ESTIMATED BUILDOUT YEAR: 2015 PA 4B B. Residential Population' 1 0 1 115 1 243 C. Dvuelling Units AS OF 12/31102 AS OF 12131111 AT BUILDOUT A. Developed Acres by Land Use Attached (Including Rental) 0 0 Residential - Detached 0.0 56.0 100.8 Resitlential - Attached 0.0 0.0 0.0 Commercial 0.0 0.0 0.0 Commercial Square Footage 0.0 0.0 0.0 Industrial 0.0 0.0 0.0 Office 0.0 0.0 0.0 Other- Open Space and Recreation 0.0 0.0 0.0 Other - Tourist Commercial Resort 0.0 0.0 0.0 TOTAL DEVELOPED ACRESI 0.0 1 56.0 1 100.8 B. Residential Population' 1 0 1 115 1 243 C. Dvuelling Units Single - Family Detached 0 51 108 Attached (Including Rental) 0 0 0 TOTAL DWELLING UNITS/ACCOMMODATIONS1 0 1 51 108 D. Employees Commercial 0 0 0 Industrial 0 0 0 Office 0 0 0 Other - Open Space and Recreation 0 0 0 Other- Tourist Commercial Resort 3 0 0 0 TOTAL EMPLOYEES 0 0 0 ' Residential population based on 2.25 PPDU Source: CA Dept of Finance and Center for Demographic Research, CSI Fullerton as of June 2001 The maximum allowable number of residential units is 2,600. The current number of approved residential units is 2,599 3 Employees based on existing count for golf course ° Employees based on 0.9 /accommodation 24 ATTACHMENT4 PLANNING AREA INFORMATION 2011 ANNUAL MONITORING REPORT COMMUNITY /PROJECT NAME: Newport Coast ESTIMATED BUILDOUT YEAR: 2015 PA 5 B. Residential Population' 1 0 1 297 1 385 C. Dwelling Units AS OF 12/31/02 AS OF 12/31111 AT BUILDOUT A. Developed Acres by Land Use Attached (Including Rental) 0 0 Residential - Detached 0.0 104.2 135.0 Residential - Attached 0.0 0.0 0.0 Commercial 0.0 0.0 0.0 Commercial Square Footage 0 0 0 Industrial 0.0 0.0 0.0 Office 00 0.0 0.0 Other- Open Space and Recreation 0.0 0.0 0.0 Other- Tourist Commercial Resort 0.0 0.0 0.0 TOTAL DEVELOPED ACRESI 0:0 1 104.2 1 135.0 B. Residential Population' 1 0 1 297 1 385 C. Dwelling Units Single - Family Detached 0 135 171 Attached (Including Rental) 0 0 0 TOTAL DWELLING UNITSIACCOMMODATIONS1 0 1 135 1 171 D. Employees Commercial 0 0 0 Industrial 0 0 0 Office 0 0 0 Other- Open Space and Recreation 0 0 0 Other- Tourist Commercial Resort 0 0 0 TOTAL EMPLOYEES 0 0 0 ' Residential population based on 2.25 PPDU Source: CA Dept of Finance and Center for Demographic Research, CSU Fullerton as of June 2001 2 The maximum allowable number of units is 2,600. The current number of approved residential units is 2,599 a Employees based on existing count for golf course "Employees based on 0.9 /accommodation 215 Section IV — Development Agreement Obligations In 1988 Irvine Company and the County entered into a Development Agreement which required Irvine Company to prepare an AMR for Newport Coast. Exhibit D — Benefits to County and Its Residents (Exhibit D) of the Irvine Coast Development Agreement (Appendix 4) listed the benefits secured by the County as conditions of approval of the Development Agreement. Following is a list of these obligations. • Fire Station • Library • Parks — Irvine Coast Wilderness Open Space • Transportation • Participation in Traffic Signal Fee Program (CARITS /Traffic Signal Fees) • San Joaquin Hills Transportation Corridor (Fees /Offer of Dedication) • Standby commitment for 1990 Action Plan for South County Road Improvements • Enhanced Circulation Improvements Phasing Plan (San Joaquin Hills Road, Pacific Coast Highway, Newport Coast Drive) • Child Care • Sheriff Substation The obligations listed in Exhibit D were addressed in the inaugural AMR which was prepared for year 1997. Periodically, Irvine Company would include updates addressing the status of compliance with the obligations of outlined in Exhibit D. In addition, Irvine Company included in the AMR the status of park improvements for Newport Coast. Updates to the obligations in Exhibit D were provided to the County by Irvine Company in the AMR for the year 2003 and are reproduced herein. The AMR for the years 2002 -2010 documented the completion of all of the Exhibit D obligations and are reproduced herein. The following table summarizes the Exhibit D obligations and the date of compliance. ON Newport Coast Development Agreement — County of Orange Exhibit D Obligations Obligations Status Date Funding Fire Station - Newport Coast Obligation met Reported 2003 AMR CFD 88 -1 CFD 92 -1 Cash Payment - $250,000 Library Obligation met Reported 1997 AMR Cash Payment - $422,500 Parks — Irvine Coast Wilderness Open Obligation met Reported 1997 AMR 2,666 Acres Space Transportation CFD 88 -1 - Road Fee Programs CFD 01 -1 CARITSITraffic Signal Fees Obligation met Reported 2003 AMR SJHTC Fees Obligation met Reported 2003 AMR SJHTC Offer of Dedication Obligation met Reported 2003 AMR San Joaquin Hills Road Obligation met Reported 2003 AMR - Other Roads Pacific Coast Highway Obligation met Reported 2003 AMR Newport Coast Drive Obligation met Reported 2003 AMR Child Care Obligation met Reported 2003 AMR Cash Payment - $52,000 Sheriff Substation Obligation met Reported 1997 AMR Cash Payment - $392,310 27 2003 AMR UPDATE OF OBLIGATIONS — EXHIBIT D IRVINE COAST DEVELOPMENT AGREEMENT The following information was submitted as part of the year 2003 AMR to provide an update of the obligations listed in Exhibit D of the Irvine Coast Development Agreement. • A letter dated March 19, 2004 from Roberta Marshall, Irvine Community Development Company, to John Buzas, County of Orange, submitting the AMR for the year 2003. The letter also identified the status of road and park improvements within Newport Coast. • A letter dated October 12, 2004 from Roberta Marshall, Irvine Community Develop- ment Company, to Alan Gamson, County of Orange, submitting an update of the obligations listed in Exhibit D. The format for reporting the update is Attachment 9, pages 1 -6 of the County's 2002 Annual Monitoring Report Format (Appendix 1). Also included at the County's request was Attachment 10 which was the Five Year General Plan Review for Development Agreements, also from the County's 2002 Annual Monitoring Report Format. 2002 — 2010 AMR UPDATE OF OBLIGATIONS — EXHIBIT D IRVINE COAST DEVELOPMENT AGREEMENT The following information is submitted as part of the year 2002 — 2010 AMR to provide an update of the obligations listed in Exhibit D of the Irvine Coast Development Agreement. • The AMR for year 2003 reported that the widening of Newport Coast Drive (formerly Pelican Hills Road) from San Joaquin Hills Road to the San Joaquin Hills Transportation Corridor would begin in mid - September of 2004 and complete in mid - February, 2005. The Notice of Completion for the widening was recorded on March 10, 2006. The completion of the Newport Coast Drive widening represents the last obligation listed under Exhibit D (Item K — Enhanced Circulation Improvements Phasing Plan) of the Irvine Coast Development Agreement. • The last park in Newport Coast, Coastal Peak Park which is located in Planning Area 6, was conveyed to the City of Newport Beach on August 25, 2009. M 0 IRVINE COMMUNITY DEVELOPMENT COMPANY Asu6adary of THE avM mnVwv March 19, 2004 John Buzas County of orange 300 N. Plower St. Santa Ana, CA 92703 -5000 Re: 2003 Annual Monitoring Report Dear John: Attached please find the Annual Monitoring Report for 2003 (AMR). In addition to the materials presented in the submittal, Irvine Community Development Company ([CDC) has prepared the following summary of accomplishments for 2003: (1) Newport Coast Drive Widening (SJH Rd. to SJHTC) — Plans for the widening ofNewport Coast Drive are beingfinalized. ICDC will submit working drawings to The City of Newport Beach by the end of this month. Pending approval from the City, we expectto begin construction this summer and complete construction in early 2005. (2) Los Trancos View Parks —'the Los Trancos View Parks were completed and turned over to Harbors, Beaches and Parks for maintenance. (3) Vista Ridge Road View Park —The Vista Ridge Road View Park was completed and turned over to the Newport Coast Community Association for maintenance. (4) Crystal Cove — Ocean Garden Park— Ocean Garden Park was completed and turned over to the Crystal Cove Community Association (CCCA) for maintenance. (5) Crystal Cove — Reef Point Entry —The Reef Point Entry was completed and was turned over to the CCCA in March 2004. (6) Crystal Cove — Tot Lot on Sidney Bay at Tidelines —The tot lot in PA3B was completed and tumed over to the CCCA for maintenance in March 2004. (7) Crystal Cove — Grading aid street improvements are on -going in PA4A/4B. 8105 Irvine Center Drive, Suite 300, Irvine, California 92618 -2902 • (949) 720 -2550 29 Mr. John Buzas March 19, 2004 Page 2 of 2 (8) Pacific Ridee — Grading, street and landscape improvements and the entrieshecreation facility are under construction in PA2C and 5. Please extend my appreciation to the County Planning Staff for their assistance in 2003! Sincerely, Roberta Rand Marshall Vice President Attachment cc: Paul Shaver, CAA (w /ou( au.) 30 X`V IRVINE COMMUNITY DEVELOPMENT COMPANY Ara lsitliaryof THE IRVINE COMPANY October 12, 2004 County of Orange Resources & Development Management Dept. Attn: Alan Gamson, Third Floor P.O. Box 4048 Santa Ana, CA 92702 -4048 Rc: 2003 Annual Monitoring Report Dear Mr. Garrison: Attached please find the addition information as requested in John Buzas' June 17, 2004 letter to me. Please note that the construction schedule for Newport Coast Drive Widening is as follows: Obtain Construction Permits and CalTrans Encroachment Permit - 8/31/04 Commence Construction — 9/15/04 Construction Complete- 2/15/04 Please let me know if you require additional information. Sincerely, Roberta Rand Marshall Vice President Attachments; (1) Updated Discretionay Approval Sunnnerics (2) Aerial Photo 1" = 1,000 scale (3) Attachment 9 and 10 cc: John Buzas (w /out attachments) 550 Newport Center Drive, Newport Beach, California 92660 -7011 (949) 7204000 31 ATTACHMENT 9, PAGE, 1 2002 ANNUAL MONITORING REPORT DEVELOPMENT AGREEMENT OBLIGATIONS COMMUNITY/PROJECTNAME: New, rr cQaa planned Communityu rrrztis HAVE E..)MMITS "D" OBLIGATIONS BEEN MET? 6/5/90 F-1 El YES DATE NO NOT APPLICABLE WHICH FIRE STATION #54 - Foothill Ranch (formerly #38) #57 -Aliso Viojo (formerly #39) #40 - Coto de Can #42 - Portola Hills #45 - Santa Margarita #47 - Laguna Laurel 449- Bear Brand X #52- Newport Coast HOW WAS THE FIRE STATION OBLIGATION MET/ Implementation and Security Agreement Security Posted: $ 95 ocu) non Date Executed: 6 / s / 90 Construction Agreement Security Posted:$ 2,500,000 Perf Date Executed: 5/90 Community Facilities District(s) Bondissues:$ 166.7M 88 -1 $11.845M 92 -1 Cash fees paid/subdivision fee agreement: cash navment Bond S2 ATTACHMENT 9, PAGE 2 2002 ANNUAL MONITORING REPORT DEVELOPMENT AGREEMENT OBLIGATIONS COMMUNITY /PROJECT NAME: Newport Coast Planned Community IQ HAVE EXHIBITS "D" OBLIGATIONS BEEN MET? IT] YES DATE WHICH LIBRARY: _Saddleback Branch North Alias Viejo Branch _Crown Valley Branch _South County Canyons Branch NO NOT APLICABLE HOW WAS THE LIBRARY OBLIGATION WT? Implementation and Security Agreement Security Posted: $ Date executed: Construction Agreement Security Posted: $ Date executed: Community Facilities District(s) Bond Issues: $ Cash/fees/paid/subdivision fee agreement 422,500 (cash paid) a xa ry ayments 33 S4 35 A 'Vi Nso '0 & S g LEGEND a s OS COASTAL ZONE 60UNOART Offered d & Accepted 6'J'+ od ■ County OS Offered Saga Hill H.s. narg�.P° e � Conservation Easement ka Signal Fa* Pt NCPC OS Others Canle Canyon 4� a FUTURE CC OF NWPORT BEAC H Newport gitlp r ACCEPTANCE AT OMPLTiDN Norm O OFIflOVENTS caaa'a' Faulk NCCP Special Linkage Canyon RiEBe Mana9em¢nl Managemem NewpoR Caed Unn 11 Unit Snagging Canter Tom. S Ocean Halgnta a San Joaquin Naggeral Reserves gltlgp Verona Neva l Amr. Ridge Troves T yvEtv,� �4 u, as qe Santa Lucia Oman ,.; Cellyon� R n Ridge ll MWtl en WalcnFerk ', Canyon P Helena Loa T... V IMON* Canyon Crystal COVE sl.1a ra* Leaun Ment.a. ocean Beacn Suck GulN Ritlgal �do A t ? Oman Ridge 111 Maregemam unit IV OF 5 f §Ikan p¢e111 VMo• IDN pF Marra Omani U n III Pecan Crag Perot APPRO)VAL FOP Fallon HIII TRACT 15613 Crystal CVJa q ,(SCAN Nl4R 0 a_ lkan HY aaaaa The to a1 p l R BIiean HIII Nelsn HIII Gall Course LSCWD nRetail Marriott FOREStA y svosa wn Y E WASTHNY Crys,al Ei Mom ('elken HIII E.S. GNi Course Pelican - - Poim Polimr, Hill Golf Coupe � 088 /09'°° 9/wTWR4anc_oaai Newport Coast Planning Communities: County of Orange Open Space LIGISVe,2W All gmgnicVIS0604 nc oaof IRVINE COMMUNITY DEVELOPMENT COMPANY Urban Planning & Design Graphics A a4iNyd 11E PVNE fDNAW( or 2,500' 5,000' 35 so ATTACHMENT 9, PAGE 4 2002 ANNUAL. MONITORING REPORT DEVELOPMENT AGREEMENT OBLIGATIONS �. HAVE EJCHIBITS "D° OBLIGATIONS BEEN MET7 YES DATE WHICH TRANSPORTATION OBLIGATIONS HAVE BEEN MET? ❑ 0 NO NOT APPLICABLE HOW WERE THE TRANSPORTATION OBLIGATIONS MET? Road Fee Program: CARITS /Traffic Signal Fees Implementation and Security Agreement SJi -7PC Rees Security Posted; $ (see below) Date executed: SJHTC -Offer of Dedication San Joaquin Hills Road Other Roads: Pacific Coast Highway Pelican Hill Road (Newport Coast Drive) Traffic Signals: Number required: Number completed Road Improvement: Bond Amt. San Joaquin Hills Road $$15,927,176 Pacific Coast Highway $13,679,323 Pelican Hill Road (NCB) $47,480,.760 Construction Agreement Security Posted: $ Dated executed: Community Facilities District(s) $ond issues $ 166.7M 8- 78.7M 01 -1 Cash/fees paid /subdivision fee agreement: Note: FIR 569 - Required widening of Newport Coast Drive (Pelican Hill. Road) b San Joaquin Hills Road and Che San Joaquin Hills Transportation Corridor. Cons documents have been submitted to the City of Newport Beach for Approval. Const S7 ATTACHMENT 9, PAGE 5 2002 ANNUAL MONITORING REPORT DEVELOPMENT AGREEMENT OBLIGATIONS COMMUNITY/PROJECTNAME: Newport coast piann" community CFIII� HAVE EXHIBITS "D" OBLIGATIONS BEEN MET? ❑❑❑ Cash/fees paid /subdivision fee ❑❑ agreement: $52,000 Child Care YES DATE NO NOT ❑ ❑ YES DATE NO NOT APPLICABLE HOW WAS THE CHILD CARE OBLIGATION MET? Implementation and Security Agreement Child Care Plan Security Posted: $ 52, 000 Date executed: i 1 / i 9/0 i Cash/fees paid /subdivision fee Bond No. 087414 released on 2'/.5/02 agreement: $52,000 Child Care IT:T��'.,.�T,t�l-a HAVE EXHIBITS "D" OBLIGATIONS BEEN MET? ❑ ❑ ❑ ❑ YES DATE NO NOT APPLICABLE HOW WAS THE SHERIFF SUBSTATION OBLIGATION MET? Implementation and Security Agreement Community Facilities Districts(s) _ Security Posted: $ 392,310 Bond Issued: $_ Date executed 6/95 Cash payment of $392,310 (6/95) Bond No. 087413 ($343,875) released on 7/18/95 32 ATTACHMENT 9, PAGE 6 2002 ANNUAL MONITORING REPORT DEVELOPMENT AGREEMENT OBLIGATIONS COMMUNITY /PROJECTNAME: N �]anned Communciy HAVE EXHIBITS "E" MILESTONES AND PHASING CRITERIA BEEN MET? See attached DUs RELEASED: _ _. _ CUMULATIVE DUs: NON -RES. SQ. FT: CUMULATIVE SQ.FT: DUs RELEASED CUMULATIVE DUs: NON- RES.SQ.FT: CUMLiLATNE SQ.FT: MILESTONE: DUs Released: CUMULATIVE DUs: NON- RES.SQ.FT: CUMULATIVE SQ.FT: (ATTACK ADDITIONAL SHEETS IF NECESSARY) WHAT ASSIGNMENTS OF RIGHTS HAVE OCCURRED SINCE THE DEVELOPMENT AGREEMENT EXECUTED: DATE Assignee DUs and/or Square Feet 39 ATTACHMENT 10 2002 ANNUAL MONITORING REPORT FIVE YEAR GENERAL PLAN REVIEW FOR DEVELOPMENT AGREEMENTS COMMUNITY /PROMCT NAME: Newport Coast Pi d P + r. The development agreements include a section (typically 5.2) requiring a five -year review of the General Plan As it applies to each project. The Collowing questions have been prepared to assist you in complying with this requirement. 1. Have there been any amendments to the Orange County General Plan that have occurred since the execution of your Development Agreement which have impacted the approved uses for your property? YES _X NO 2. If yes, please specify which General Plan E.emem, the date that the amendment was adopted and those issues which you believe are relevant to Question 1. 3. Plave there been any amendments to your Development Plan since your Development Agreement was executed? X YES NO 4. If so, please identify these amendments by project number, date and any issues relating to your Development Agreement. Newport Coast Local Coastal Plan - Second Amendment - Certified by Board of Supervisors on December 3, 1996, Resolution No. 96 -861 and Ogdj_n.nce NO. 096 -3974. ..Resulted in the First Amendment Co the Ir¢ine Coast Develo meat greementi- recorded 199701 9745 on 4-:2 97. 5. Do you have any suggested modifications to the General Plan based on your review of the General Plan as it applies to your Development Agreement and/or development Plan? Please be specific. N/A 1� Section V — Appendix 2002 Annual Monitoring Report Format (County of Orange) 2, Exhibit W, Planned Community Development Map (Newport Coast LCP) 3. Planned Community Statistical Table — 6th Revision (Newport Coast LCP) 4. Exhibit D — Benefits to County and Its Residents (Irvine Coast Development Agreement, County of Orange) MIN Annual Review: Development Agreement No. 14 (Newport Coast) City Council Public Hearing September 25, 2012 fy,R ® 0 CAA PIANNIN(, 4414GWCi V•.JIlIW SOY 8 ❑ ,�,�\ �v 'I•fa�Yl•11. uaf«cnsr � Y.f,�]••CYMtl � J [�:� WvMMfrt .!i '.f60O4��Mlt k J l 1 1 I ' I 1 I 1 I 1 I I 1 I 1 I 1 I I I _rJ I Yf�ny WY carob Flb 5tl19cgrn •1Cg1110 QL• �[L Q B�Eae•s RIfAV� souccu•s 8 ❑ ,�,�\ �v 'I•fa�Yl•11. uaf«cnsr � Y.f,�]••CYMtl � J [�:� WvMMfrt .!i '.f60O4��Mlt k J l 1 1 I ' I 1 I 1 I 1 I I 1 I 1 I 1 I I I _rJ I Yf�ny WY carob Flb 5tl19cgrn •1Cg1110 QL• �[L Q B�Eae•s K •{aM ] YWY'Y :• h`a�•y ] q•ei 11W ]�al�� X i Tr. 1. Mm f we•]p • t.em +. N.l\ Crf••CS� M� f Ifne•ly. f � Lue �w u rne.sncsr•. I�Mllwl 'X.1q i t> NEWPORT COAST COUNTY FILES TRANSFERRED TO THE CITY OF NEWPORT BEACH February 2003 - May 2009 LEGEND Ccwry �fn'mnstirte roGty a]Iie.YVl9ee? ❑ Flb 5tl19cgrn •1Cg1110 QL• �[L Q B�Eae•s NEWPORT COAST COUNTY FILES TRANSFERRED TO THE CITY OF NEWPORT BEACH February 2003 - May 2009 CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, September 25, 2012, at 7:00 p.m., or soon thereafter as the matter shall be heard, a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Annual Review of Development Agreement No. 14 (PA2011 -030) - Annual Review of Development Agreement No. 14 (Annexation and Development Agreement Between the City, the Irvine Company, and Irvine Community Development Company concerning the Newport Coast Planned Community and Adjacent Properties). This project is exempt from the California Environmental Quality Act ( "CEQX) pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing -or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Section 20.64. The application may be continued to a specific future meeting date, and if such an action occurs, additional public notice of the continuance will not be provided. Prior to the public hearing, the agenda, staff report, and documents may be reviewed at the City Clerk's Office, (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca oov. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding the details of this public hearing item, please contact Kay Sims, Assistant Planner at (949) 644 -3237 or ksims(a�newportbeachca.gov. Project File No.: PA2011 -030 Activity No.: DA2012 -002 .Zone: PC 52 (Newport Coast) Applicant: The Irvine Company Location: Newport Coast and Adjacent Properties 64 6nAL, Leilanr Brown, it )IClerk City of Newport Beach STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, September 15, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on September 20, 2012 at Los Angeles, California Signature 'RECEIVED 7017 SEP 24 AM 9: 37 OF RTE OF .I', U : CLERK CITY r ";r i;rAr Fi