HomeMy WebLinkAboutC-7359-1 - PSA for Big Canyon Nature Park Habitat Reportinga-
� PROFESSIONAL SERVICES AGREEMENT
WITH NEWPORT BAY NATURALISTS AND FRIENDS DBA NEWPORT BAY
CONSERVANCY FOR
BIG CANYON NATURE PARK HABITAT REPORTING
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this JIT! day of March, 2018 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and NEWPORT BAY NATURALISTS AND FRIENDS, a California nonprofit public benefit
corporation, doing business as NEWPORT BAY CONSERVANCY ("Consultant"), whose
address is 600 Shellmaker Road, Newport Beach, California 92660, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. On November 16, 1995, the California Coastal Commission ("Coastal") granted
Coastal Development Permit No. 5-95-219 ("CDP") to the City for the benefit of
development by Fletcher Jones Motor Cars, subject to an Irrevocable Offer to
Dedicate Open Space Easement and Declaration of Restrictions ("Easement")
attached hereto as Exhibit D and incorporated herein. The Easement was
executed on or about January 2, 1996, and recorded with the Orange County
Recorder's Office on or about January 19, 1996 as Instrument Number
19960028358, and later accepted by the Consultant on or about December 21,
2016 as recorded with the Orange County Recorder's Office on or about January
9, 2017, as Instrument Number 2017000009454.
C. The Easement affects a 4.56 acre open space area of coastal sage scrub in the
Big Canyon area, adjacent to Upper Newport Bay in the City of Newport Beach,
California, APN: 440-092-079 ("Protected Land").
D. City desires to engage Consultant to perform visual studies of and complete
quarterly and annual observation reports of the Protected Land to assess
ecosystem health, consistent with the Easement and the CDP ("Project").
E. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on February 4, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A or perform the Services in a diligent and timely manner
may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Eight Thousand Eighty
One Dollars and 61/100 ($8,081.61), without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
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4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Peter Bryant to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Assistant City Engineer or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
Newport Bay Conservancy Page 4
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
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14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
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17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
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22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Consultant shall indemnify and hold harmless City for any and
all claims for damages resulting from Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Newport Bay Conservancy Page 8
Attn: Robert Stein, Assistant City Engineer
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Peter Bryant
Newport Bay Naturalists and Friends DBA Newport Bay
Conservancy
600 Shellmaker Road
Newport Beach, CA 92660
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
Newport Bay Conservancy Page 9
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
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29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Page 11
Newport Bay Conservancy
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 9.1(9 V 18
1//moi
4, --
Aaron C.
City Attorney
ATTEST: 3 X' g
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: v�, 1 °I— l�
By: J
David A. Webb
Director of Public Works
CONSULTANT: Newport
and Friends, a California
benefit corporation, DBA
Conservancy
Bay Naturalists
nonprofit public
Newport Bay
n��I� Signed in Counterpart
B Leilani I. Brown By:Signed
Bryant
City Clerk President
Signed in Counterpart
Pamela Winkler
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — January 2, 1996 Irrevocable Offer to Dedicate Open
Space Easement and Declaration of Restrictions
Page 12
Newport Bay Conservancy
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: /
By:
Aaron C. Harp Nµ.aluliv
City Attorney
ATTEST:
Date:
0
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
RV.
David A. Webb
Director of Public Works
CONSULTANT: Newport Bay Naturalists
and Friends, a California nonprofit public
benefit corporation, DBA Newport Bay
Conservancy I
Date:
By: ��
Peter Bryant
President
Date: 3 _�
By:
Pam Winkler
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — January 2, 1996 Irrevocable Offer to Dedicate Open
Space Easement and Declaration of Restrictions
Page 12
Newport Bay Conservancy
EXHIBIT
SCOPE OF SERVICES
Background
As a condition of Coastal Development Permit No. 5-95-219 (Fletcher Jones Motor
Cars), granted by the California Coastal Commission on November 16, 1995, an
Irrevocable Offer to Dedicate Open Space Easement and Declaration of Restrictions was
executed on or about January 2, 1996, recorded with the County of Orange Recorder's
Office on or about January 19, 1996 as Instrument Number 19960028358, and later
accepted by the Newport Bay Conservancy ("Grantee" or "Consultant") on or about
December 21, 2016 as recorded with the County of Orange Recorder's Office on or about
January 9, 2017 as Instrument Number 2017000009454. The open space easement
affects an approximate 4.56 -acre area of coastal sage scrub in the Big Canyon area
adjacent to Upper Newport Bay in the City of Newport Beach, California, APN 440-092-
079 ("Protected Land"), as depicted and described below. The Protected Land generally
shall be limited to natural open space for habitat protection and resource conservation
uses.
Scope of Studies
The Consultant shall visually study the Protected Land quarterly in order to assess
ecosystem health and to detect any new invasive plant species and assess their
distribution. The spread of invasive plants is a major concern, as they reduce the
functions and values of habitat for native flora and fauna and are difficult to manage once
they have become established within the Protected Land. Consultant shall also examine
the Protected Land for any other changes such as erosion, trash accumulation, and
unauthorized human use. If any of these changes are found, Consultant shall coordinate
with the City of Newport Beach ("Grantor" or "City") to discuss management options.
Deliverables
For the annual amounts listed in Exhibit B and commencing upon the Effective
Date of the Agreement:
1. Consultant shall complete four (4) observation reports (as a result of the once per
quarter study) of the Protected Land and transmit each observation report to the
City.
2. Consultant shall prepare one annual report of the Protected Land that chronicles
the current status of the following with respect to the Protected Land during the
year covered by such annual report:
a. Overall health of the ecosystem, including a recommendation on whether
any hazardous substances or conditions or diseased plants or trees should
be removed;
Newport Bay Conservancy Page A-1
b. Distribution of invasive plant species, including a recommendation on
whether any vegetation which constitutes or contributes a fire hazard to
residential use of neighboring properties and which vegetation lies within
100 feet of existing or permitted residential development should be
removed;
c. Erosion;
d. Trash accumulation;
e. Unauthorized human use;
f. Utilities in potential need of repair; and
g. A recommendation on necessary habitat restoration and maintenance that
conforms with the requirements of the Revegetation and Habitat Mitigation
and Monitoring Plan, prepared in 2017 for Big Canyon Habitat Restoration
& Water Quality Improvement Project which is adjacent to the Protected
Land.
Map of Protected Land and Legal Description
Newport Bay Conservancy Page A-2
That portion of Block 56 of Irvine's Subdivision as per map filed in Book 1, Page
88 of Miscellaneous Record Maps, in the office of the County Recorder of Orange County,
also shown as a portion of APN 440-092-79 in the Orange County Assessor Office,
described as follows:
Beginning at the most Northerly corner of Lot 4, Tract 6947 (P.O.B.), as shown on
map recorded in the City of Newport Beach in Book 285, Pages 8-12 inclusive,
Miscellaneous Maps, Records of Orange County; Thence Southerly along the Northerly
boundary line of said lot, South 47052'12" East, 45.02 feet to the True Point of Beginning
(T. P.O.B.).
Thence North 42°07'48 East, 90.30 feet to the beginning of a non -tangent curve,
concave Southerly, having a radius of 1071.06 feet, a radial line to said curve bears South
03043'00" East, thence Easterly along said curve a distance of 68.30 feet through a
central angle of 03039'14", to the beginning of a non -tangent curve, concave
Northwesterly, having a radius of 63.00 feet, a radial line to said curve bears North
39046'07" West, thence Northerly along said curve a distance of 53.54 feet through a
central angle of 48041'19", to the beginning of a non -tangent curve, concave Southerly,
having a radius of 949.00 feet, a radial line to said curve bears South 15027'12" East,
thence Easterly along said curve a distance of 383.95 feet through a central angle of
23010'51", thence South 53047'57" East, 53.60 feet to a tangent curve, concave Northerly,
having a radius of 263.27 feet, thence Easterly along said curve a distance of 150.28 feet
through a central angle of 32°42'23" to a tangent curve, concave Southwesterly, having
a radius of 150.00 feet, thence Southeasterly along said curve a distance of 85.92 feet
through a central angle of 32049'14" to a tangent curve, concave Southwesterly, having
a radius of 826.84 feet, thence Southerly along said curve a distance of 92.97 feet through
a central angle of 06026'33" to a tangent curve, concave Southwesterly, having a radius
of 200.00 feet, thence Southerly along said curve a distance of 95.93 feet through a
central angle of 27028'59'; thence South 19045'35" East, 47.81 feet to a tangent curve,
concave Westerly, having a radius of 225.87 feet, thence Southerly along said curve a
distance of 199.64 feet through a central angle of 50038'29" to a point on the Easterly
boundary line of Lot 5, Tract 6947; thence along the Easterly and Northerly boundary
lines of Lot 4 and Lot 5, as shown on said Tract, the following courses: North 18053'12"
West, 201.13 feet; North 49045'12" West, 102.00 feet; North 76008'12" West, 93.00 feet;
South 74014'48" West, 414.01 feet; North 77020'12" West, 118.00 feet; North 47052'12"
West, 227.97 feet to the True Point of Beginning (T.P.O.B.).
Said area contains 4.56 acres, more or less.
Basis of Bearings: The bearings shown hereon are based on the Northeasterly
boundary line of Lot 4, Tract 6947, of North 47° 52' 12" West, as shown on map recorded
in Book 285, Pages 8-12 inclusive, Miscellaneous Maps, Records of Orange County.
Newport Bay Conservancy Page A-3
EXHIBIT B
SCHEDULE OF BILLING RATES
City shall pay Consultant for its costs to provide the Deliverables (four quarterly
reports and an annual report) in Exhibit A, not to exceed a total of $8,081.61, in an annual
payment at the beginning of each year during the Term of this Agreement as follows:
• Year 1 - $1,537.50;
• Year 2 - $1,575.94;
• Year 3 - $1,615.34;
• Year 4 - $1,655.72; and
• Year 5 - $1,697.11.
Newport Bay Conservancy Page B-1
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
Page C-1
Newport Bay Conservancy
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
D. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
E. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
Newport Bay Conservancy Page C-2
F. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Newport Bay Conservancy Page C-3
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Newport Bay Conservancy Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3/19/18
Date Completed:
3/19/18
Dept./Contact Received From: Raymund
Sent to: Raymund By:
Company/Person required to have certificate:
Type of contract:
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
Newport Bay Naturalists & Friends dba: Newport Bay
Conservancy
Other
8/15/17 — 8/15/18
Nonprofits Insurance Alliance of CA
B. AM BEST RATING (A-: VII or greater): A / VIII
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT — please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
i. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
J. CAUTION! (Confine that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 8/17/17-8/17/18
® Yes
❑ No
$1M/$2M
® Yes
❑ No
® Yes
❑ No
❑ Yes
❑ No
® Yes
❑ No
® Yes
❑ No
❑ Yes
® No
® N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
A. INSURANCE COMPANY: Nonprofits Insurance Alliance of CA
B. AM BEST RATING (A-: VII or greater) A / VIII
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? $1,000,000
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F. ADDITIONAL INSURED WORDING:
❑ N/A
❑ Yes
❑ No
G. PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
❑ Yes
❑ No
H. HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
® Yes
❑ No
I. NOTICE OF CANCELLATION:
❑ N/A
® Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 8/21/17 — 8/21/18
A.
INSURANCE COMPANY: State Compensation Insurance Fund
B.
AM BEST RATING (A-: VII or greater): Not Rated
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Ap roved:
3/19/18
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
EXHIBIT D
JANUARY 2, 1996 IRREVOCABLE OFFER TO DEDICATE OPEN SPACE
EASEMENT AND DECLARATION OF RESTRICTIONS
Newport Bay Conservancy Page D-1
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2(
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tECORDING REQUESTED BY AND RE-rr M -T W1
RecoGarrinN„tllilivY��o L. GranVillg, Il in xptup�nluG�WIg1�Ic1tllo�puu��n��ontyyp�u■plof oranGio, cattfornSa
II�O1IIN11 Ill NIIIANN0100111Pg11101 orK/RNo Fee
19960028358 12;16pm 01/19/96
006 12004096 1222
001 D06 70 6 14.00 0.00 231.00 0.00 0.00 0.00
0.00 0.00 0.00
alifornia Coastal Commission
15 Fremont Street, Suite 2000
San Francisco, CA 94105-2219
IRREVOCABLE OFFER TO DEDICATE OPEN SPACE EASEMENT
AND
DECLARATION OF RESTRICTIONS
THIS IRREVOCABLE OFFER TO DEDICATE OPEN SPACE EASEMENT AND
DECLARATION OF RESTRICTIONS ("Offer") is made this 2nd day of January, 1996, by the City of
Newport Beach ("Grantor").
I. WHEREAS, Grantor is the legal owner of a fee interest of certain real propertylip
("Property") located in the County of Orange, State of California, depicted in attached Exhibit A; i C
and
II. WHEREAS, all of the Property is located within the coastal zone as defined in § 30103 (�
of the California Public Resources Code ("California Coastal Act of 1976"); and
III. WHEREAS, the California Coastal Act of 1976, ("Act") creates the California
Coastal Commission ("Commission") and requires that any development approved by the
Commission must be consistent with the policies of the Act set forth in Chapter 3 of Division 20
of the California Public Resources Code; and
IV. WHEREAS, pursuant to the Act, the Grantor applied to the Commission for a permit
to undertake development as defined in the Act on the Property; and
V. WHEREAS, on November 16, 1995, the Commission acting on behalf of the State of
California and pursuant to the Act, granted coastal development permit number 5-95-219
("Permit") in accordance with the provisions of the Staff Recommendation and Findings, Addendum, and
Notice of Intent to Issue Permit, all of which are attached hereto as Exhibit B-1, B-2 and B-3,
respectively and incorporated herein by reference, subject to the following condition ("Condition"):
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2. Conservation Easement
Prior to issuance of the coastal development permit, the applicants will submit to the
Executive Director for review and approval evidence that an irrevocable offer to dedicate a
conservation easement as proposed by the applicants to the United States Fish and Wildlife
Service has been executed in accordance with the terms of the project description in accordance with
Section I (B)(1)-(6) of the Addendum attached hereto as Exhibit B-2 and incorporated herein by
reference, and
VI. WHEREAS, the Commission has placed the Condition on the Permit 1) to preserve
the open space, habitat and resource values present on the Property and so as to prevent the
adverse direct and cumulative effects on coastal resources which could occur if the Property were
not restricted in accordance therewith and 2) because in the absence of the protections provided
by the Condition the finding required by Public Resources Code § 30604(a) that the proposed
development is in conformity with the provisions of Chapter 3 of the Act could not be made; and
VIII. WHEREAS, the Grantor has elected to comply with the Condition and execute this
Offer so as to enable the Grantor to undertake the development authorized by the Permit.
NOW AND THEREFORE, in consideration of granting of the Permit to the Grantor by
the Commission, the Grantor hereby irrevocably offers to dedicate to the People of the State of
California, an easement in gross and in perpetuity over a portion of the Property to be dedicated
as follows:
1. DESCRIPTION. The easement offered hereby affects an approximately 4.56 -acre area
of the Property in the Big Canyon area adjacent to Upper Newport Bay as specifically shown in
Exhibit C (hereinafter referenced as the "Protected Land").
2. PURPOSE. The easement is for the purpose of preserving the light, air, view, scenic
qualities and habitat resources over and upon the Protected Land.
3, DURATION ACCEPTANCE AND TRANSFERABILITY. This irrevocable offer of
dedication shall be binding upon the owner and the heirs, assigns, or successors in interest to the
Property described above for a period of 21 years. This Offer may be accepted by the United
States Fish and Wildlife Service or any agency of the State of California, a political subdivision, or
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a private association acceptable to the Executive Director of the Commission (hereinafter referred to as
the "Grantee"). Such acceptance shall be effectuated by recordation by the Grantee of an
acceptance of this Offer in the form attached hereto as Exhibit E. Upon such recordation of
acceptance, this Offer and terms, conditions, and restrictions shall have the effect of a grant of an
open space and scenic easement in gross and perpetuity for light, air, view, habitat protection and
preservation of scenic qualities over the Protected Land that shall run with the land and be binding
on the heirs, assigns, and successors of the Grantor. After acceptance, this easement may be
transferred to and held by any entity which qualifies as a Grantee under the criteria hereinabove
stated. Acceptance of the Offer is subject to a covenant which runs with the land, providing that
the Grantee may not abandon the easement until such time as Grantee effectively transfers said
casement to an entity which qualifies as a Grantee under the criteria hereinabove stated.
4. USE OF PROPERTY. Upon recordation of this Offer and thereafter in perpetuity the
use of the Protected Land shall be limited to natural open space for habitat protection and
resource conservation uses. No development as defined in Public Resources Code § 30106,
attached hereto as Exhibit D including but not limited to removal of trees and other major or
native vegetation, grading, paving, installation of structures such as signs, buildings, etc., shall
occur or be allowed on the Protected Land with the exception of the following subject to
applicable governmental regulatory requirements:
(a) the removal of hazardous substances or conditions or diseased plants or trees,
(b) the removal of any vegetation which constitutes or contributes to a fire hazard
to residential use of neighboring properties, and which vegetation lies within 100 feet of existing
or permitted residential development,
(c) the installation or repair of underground utility lines and septic system,
(d) habitat restoration and maintenance in accordance with 1) the approved Interim
Habitat Loss Mitigation Plan attached hereto as Exhibit F -I and incorporated herein by reference, and
2) Measures GA., G.6. and G.7. of the City of Newport Beach's Environmental Impact Report number
155, attached hereto as Exhibit F and incorporated herein by reference.
5. RIGHT OF ENTRY. The Commission, any Grantee accepting this Offer, or their
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respective agents may enter onto the Property at times reasonably acceptable to the Grantor to
ascertain whether the use restrictions set forth above are being observed.
6. BENEFIT AND BURDEN. This Offer shall run with and burden the Property and all
obligations, terms, conditions, and restrictions running with the land and shall be binding upon and
inure to the benefit of the successors and assigns of both the Grantor and Grantee, whether
voluntary or involuntary.
7. REMEDIES. Any act, conveyance, contract, or authorization by the Grantor whether
written or oral which uses or would cause to be used or would permit use of the Protected Land
contrary to the terms of this Offer will be deemed a violation and a breach hereof The Grantor,
any Grantee accepting this Offer and any offeree of this Offer may pursue any and all available
legal and/or equitable remedies to enforce the terms and conditions of the Offer and easement and
their respective interest in the Property. In the event of a breach, any forbearance on the part of
any such party to enforce the terms and provisions hereof shall not be deemed a waiver of
enforcement rights regarding any subsequent breach.
8. MAINTENANCE. The Grantee shall not be obligated to maintain, improve or
otherwise expend any funds in connection with the Property or any interest or easement created
by this Offer. All costs and expenses for such maintenance, improvement, use or possession,
except for costs incurred by Grantee for monitoring compliance with the terms of this easement,
shall be bome by the City of Newport Beach.
9. LIABILITY AND INDEMNIFICATION. This conveyance is made and accepted
upon the express condition that the Grantee, its agencies, departments, officers, agents, and
employees are to be free from all liability and claim for damages by reason of any injury to any
person or persons, including Grantor, or property of any kind whatsoever and to whomsoever
belonging, including Grantor, from any cause or causes whatsoever, except matters arising out of
the sole negligence of the Grantee, which in, upon, or in any way connected with the Property,
Grantor hereby covenanting and agreeing to indemnify and hold harmless the Grantee, its
agencies, department, officers, agents and employees from all liability, loss, cost, and obligations
on account of or arising out of such injuries or losses however occurring. The Grantee shall have
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no right of control over, nor duties and responsibilities with respect to the Property which would
subject the Grantee to any liability occurring on the land by virtue of the fact that the right of the
Grantee to enter the land is strictly limited to preventing uses inconsistent with the interest
granted and does not include the right to enter the land for the purposes of correcting any
dangerous condition as defined by California Government Code section 830.
10. SEVERABILITY. If any provision of these restrictions is held to be invalid or for
any reason becomes unenforceable, no other provision shall be thereby affected or impaired.
' Executed on this Z� day of 19.2-4 at
/'—�, California.
City of Newport Beach,
Owner
K
TYPE OR PRINT NAME ABOVE
City of Newport Beach,
Owner
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STATE OF CALIFORNIA
COUNTY OF Orange
OmTal t /^6/ o% I LM, beffore me, au�7Q6"17
a Notary public, personally appeared 7SPU/// �i / 1ur0� 7fDLYQ/�I/ ersonally
known to me (or proved to me on the basis of satisfactory evidence) to be the perso4whose
'""'j. are bscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacit�o and that by his/he> q signatuv&
on the instrument the perso(s or the entity upon behalf of which the persorOcted, executed
the instrument.
WITNESS my hand and official seal. Shauna Lyn Oyler;
V Comm. #1002681
WTARY PUBLIC CALIFORNIA
ORANGE COUMY
Wfnln SWNAug 22. 1M1i
Signatu[
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This is to certify that the Offer to Dedicate set forth above is hereby acknowledged by the undersigned
officer on behalf of the California Coastal Commission pursuant to authority conferred by the California
Coastal Commission when it granted Coastal Development Permit No. 5-95-219 on November 16, 1995,
and the California Coastal Commission consent to recordation thereof by its duly authorized officer.
Dated: l
John Bowers, Staff Counsel
A COASTAL COIvfIvIISSION
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
On l g 9 �i before me, . Deborah L. Bove
a Notary Public, personally appeared John Bowers personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
DEBORAH L. BOVE .0
COMM. # 1074507
i NOTARY PUBUOCAUFORNIA
Signaturegiu� ca,mMy s.prAN ao COUNTY
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STATE OF CALIFORNIA )ss.
COUNTY OF ORANGE )
On a beforg n Oyler personally appeared
oersonally known to me (or proved
to I me on the basis satisfactory evidence) to be the pers i s whose nan-(5 Rs i ar
subscribed to the with" instrument and acknowledged to me that he/she/they execu e
the same in his/he heir u ized capac ies and that by his/herttheir signatures on
the instrument the perso�or the entity upon behalf of which the pers (s $cted,
executed the instrument.
WITNESS m hand and official seal. Shauna Lyn Oyler;
Y () Comm M1002681
• NOTARY MMIC CALWORNI
OIIANOk COUN
Comm fi t Aug A. 1M7
Notary Public in End for said State
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Filed: October 18, 1995
49th Day: December 6, 1995 d
180th Day: April 15, 1996
Staff: John T. Auyong
Staff Report: November 3, 1995
Hearing Date: November 14-17, 1995
Commission Action:
MUMETUIMENKNFRI�.-
APPLICATION NO.: 5-95-219
APPLICANT: City of Newport Beach AGENT: M. Andriette Culbertson
Fletcher Jones Motorcars
PROJECT LOCATION: 3300 Jamboree, at the northeast corner of the intersection
DI 'Zamborn and sayvlew Way Tbetween Jamboree, State Route 73 Freeway, and San
Diego Creek); City of Newport Beach, County of Orange
PROJECT DESCRIPTION: Construction of an automobile dealership an the San
Diego Creek North site consisting of T53,914 square feet of enclosed area in
three buildings and 21,460 square feet of deck/covered outdoor canopy area
comprised of indoor showroom/outdoor display, service, parts, and sales areas,
related offices, indoor food establishment, signage, and parking structure. A
total of 576 parking spaces would be provided divided among service, employee,
and customer spaces. The proposed buildings would be primarily two stories
and up to 30 feet high, with one small third story security office area 41
feet above the centerline of the frontage road. Also proposed are a buffer
wall between a proposed service road and the adjacent on-site wetland, a drain
pipe leading to an adjacent off-site wetland mitigation site, landscaping
incorporating native vegetation adjacent to the wetlands, low intensity and
directional lighting, and 0.2 acres of off-site riparian habitat creation. An
off-site coastal sage scrub enhancement/restoration project in the mouth of
Big Canyon is proposed. Not included as part of this project is the
construction of the extension of 3ayview Nay easterly of Jamboree Road nor the
future construction of the Jamboree Flyover (JR -5) ramp connecting to the San
Joaquin Hilis Transportation Corridor.
Lot area: 9.63 acres (419,483 square feet)
Building coverage: Z.0 acres
Pavement coverage: 4.9 acres
Landscape coverage: 1.7 acres
Parking spaces: 576 (443 service, 47 customer, 86 employee)
Zoning: Planned Community
Plan designation: Professional/Administrative
Height: 41 feet above centerline of frontage road
LOCAL APPROVALS RECEIVED: Certification of Environmental Impact Report No.
155; General Plan Amendment 95-1(D); Local Coastal Program Amendment No. 39;
Amendment No. BZ3 (Planned Community District Regulations for San Diego Creek
North and Jamboree/MacArthur); Ordinance No. 95-4Z (Amendment to Development
Agreement No. 6 — Circulation Improvement and Open Space Agreement between
the City of Newport Beach and The Irvine Company); Ordinance 95-43
(Development Agreement No. 9 between the City of Newport Beach and Fletcher
Jones Motorcars): Traffic Study No. 108; Use Permit No. 3565.
5-95-219 Mage L
City of Newport Beach/Fletcher Jones Motorcars
SUBSTANTIVE FILE DOCUMENTS: Environmental Impact Report No. 155; Circulation
Improvement and Open Space Agreement as proposed to be amended by the City and
';,E Irvine Company-. Preliminary Geotechnical Report dated May 5. 1995 (Mork
Order 500322) prepared for City of Newport Beach - Public Works by Pacific
Soils Engineering, Inc..
'[TAPE NOTE
Prior to action on this permit application, the Commission -is scheduled to act
on the associated amendment to the Circulation Improvement andd Open Spaceo. sday 9.
Amendment listed on the meeting notice as 0-5-93-01-A, Item
Staff is recommending approval of the proposed development with special
condliTans -rjgardtnq hazards, wetlands and ESHAs, and cultural resources.
Some of the special conditions incorporate by reference the City's conditions
and mitigation measures, as shown in Appendix A
ofathis
sstaff
report (Exhibit
"Co to City's Resolution of Approval 95-102).
and
Special
City
.-
Findings Mitiga.�on
Page I of
Appendix A of
Coastal Act
Condition
Y
ue,�,r./rondi` gn
_
cr�f� Reoart
Pte.—
4
4 G.4., G.6., G.7.
pps. 16-18
ESHAs
T a•
Wetlands
5 G 1., G.Z., G.S.
pps. 13-15. 18
Buffers
Lighting
3.b.
S.a.
5
6
6 G.3-
Conditions 30. 41
p. 15
pps. ZZ -24
Noise
10
T
7 F.T.,
Condition 31
D• 23
6
6 B.S.. 8.7., 8.8
pps• 1-11
Nater
6
8.10., 8.14.,
quality
8.16., 8.17.,
C.1 through C.10,
C.12 through C.14,
Conditions 29, 37,
PPS. 22_24
42
Cultural
6 H.J. through H.10
pps. 19-21
Resources
7.a.
6
Visual
15
Resources
Lighting
8.a.
6
6 G.3.
Conditions 30, 41
P.
p
PPS -ZZ -24
6
6 Conditions 32, 33
P. Z3
Signage
9.a.
5--95-219 (Page 3)
City of Newport Beach/Fletcher Jones Motorcars
',,,ZSTA1F RECOMMENDATION:
Tne staff recommends that the Commission adopt the following resolution:
I. Approval with Conditions,
The Commission hereby grants a permit, subject to the conditions below, for
the proposed development on the grounds that the development, located between
the nearest public roadway and the shoreline, will be in conformity with the
provisions of Chapter 3 of the California Coastal Act of 1976 including but
not limited to the public access and recreation policies of Chapter 3, will
not prejudice the ability of the local government having jurisdiction over the
area to prepare a Local Coastal Program conforming to the provisions of
Chapter 3 of the Coastal Act, is located between the sea and the first public
road nearest the sea and is in conformance with the public access and public
recreation polities.of the Coastal Act and will not have any significant
adverse impacts on the environment within the meaning of the California
Environmental Quality Act.
I:. 37ANOARO CONDITIONS
1. Natiso of Rec=int and A kn w1adgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date this perlr.t is reported to the Commission. Development
shall be pursued in a diligent manner and completed in a reasonable period of
time. Application for extension of the permit must be made prior to the
expiration date.
3. ComeTiance. All development must occur in strict compliance with the
proposal as set forth in the application for permit, subject to any special
conditions set forth below. Any deviation from the approved plans must be
reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
S. Insoections. The Commission staff shall be allowed to inspect the site
and the project during its development, subject to 24—hour advance notice.
6. Assianment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions_ Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessars of the subject property to the terms and
conditions.
5-95-219 ;rage 4)
City of Newport Beach/Fletcher Jones Motorcars
III. SPECIAL CONDITIONS
u..MR 0=3
Prior to issuance of the coastal development permit, the applicants shall
submit, for the review and approval of the Executive Director, the following:
a. an Interim Habitat Loss Mitigation Plan (•IHLMPw), as conceptually
described in both the October 23, 1995 letter with attachments from
Patricia Temple of the City of Newport Beach to Linda Dawes of the
United States Fish and wildlife Service ('USFMS') and Mitigation
Measures G.4., G.6., and G.7. of the City of Newport Beach's approval
of Environmental Impact Report No. 155 (Exhibit C of Resolution
95-102); and
written evidence that the IHLMP required in Special Condition l.a.
3baverhas' been approved by the USFNS and provides .
2. Deed Restriction (Interim HAhita` Loss Mitigation Plan)
Prior to issuance of the coastal development permit, the applicants as
landowner shall execute and record a deed restriction, in a form and content
acceptable to the Executive Director, for the site described in the Interim
Habitat Loss Mitigation Plan required in Special Condition No. 1. above, which
provides the following:
Permit the applicant, its agents, and/or the accepting agency,
non-profit organization or private association to enter the property,
create, restore, enhance and maintain habitat, revegetate portions of
the area, and fence the newly created/restored/enhanced/vegetated
area in order to protect such habitats;
Restrict all development, vegetation clearance, fuel modification and
grading within the easement except that necessary to
estabTish/maintatn the habitat; and
Permit the Coastal Commission and its staff to enter and inspect for
purposes of determining compliance with coastal development permit
5-95-219.
The deed restriction shall run with the land, binding all successors and
assigns, and shall be recorded free and clear of all prior liens and
encumbrances which the Executive Director determines may affect the interest
being conveyed.
5-95-219 (Page 5)
City of Newport Beach/Fletcher Jones Motorcars
3. Protection of Adjacent Wetlands
a. Deed Restriction
Prior to issuance of the coastal development permit, the applicants as
landowner shall execute and record a deed restriction, in a form and content
acceptable to the Executive Director, which provides the following:
I. that the on—site freshwater marsh, as identified on the landscape
plans contained in the file for coastal development permit 5-95-219,
shall be restricted to habitat restoration, habitat enhancement,
habitat maintenance, habitat protection, open space, and view
preservation uses only; and.
ii_ that toe landowner agrees to cooperate with the parties responsible
for the maintenance of both the on—site freshwater marsh wetland and
the adjacent saltwater marsh wetland being constructed between
.Jamboree Road, San Diego Creek, and the proposed extension of Bayview
Way, in regards to mitigating any unforeseen impacts on said wetlands
resulting from the development as described and conditioned herein.
The deed restriction shall run with the land, binding all successors and
assigns, and shall be recorded free and clear of all prior liens and
encumbrances which the _xecutive jirector determines may affect the interest
being conveyed.
b, Tnrornorarior of City Conditions
Mitigation Measures G.1., G.2., and G.5. of the City of Newport Beach's
approval of Environmental Impact Report No. 155 (Exhibit C of Resolution
95-102), regarding the staking of the on—site wetland, shall be incorporated
by reference as a condition of this coastal development permit.
4, Rinarian Habitat Creation
Prior to issuance of the coastal development permit, the applicants shall
submit, subject to the review and approval of the Executive Director, (1) a
revised pian, for the proposed creation of 0.2 acres of riparian habitat in
Upper Newport Bay or the mouth of Big Canyon which shall be similar in nature
to the on—site mulefat vegetation and shall be connected to or integrated with
existing riparian habitat, and (2) evidence of said plan's approval by the
California Department of Fish and Game.
5-95—Z19 mage 61
City of Newport Beach/Fletcher Jones Motorcars
5. Geotechnical Recomm ndationc
Prior to issuance of the coastal development permit, the applicant shall
submit, subject to the review and approval of the Executive Director, plans
signed by the geotechnical consultant indicating that the recommendations in
the Preliminary Geotechnical Report dated May S. 1995 (Work Order 500322)
prepared for City of Newport Beach — Public Works by Pacific Soils
Engineering, Inc. have been incorporated into the plans for the project. The
plans approved by the consultant shall be in substantial conformance with the
drainage. Any cproved hanges the Cto theion planslative to approved byntheucCommissiondwhichnthe
Executive Director determines to be substantial shall require an amendment to
this permit or a new coastal development permit.
6. Water Quality
To- minimize -adverse 'impacts on water quality resulting from erosion, run—off,
and other factors generated by the development described and conditioned
herein, the measures described in Mitigation Measures 8.5., 8.7., 8.8., 8.10.1
8.14., 8.16., 8.17., C.I. through C.10. inclusive, and C.12. through C.14.
inclusive of the City of Newport Beach's approval of Environmental Impact
Report No. 155 (Exhibit C of Resolution 95-102), and the measures described in
Conditions Nos. 29, 37, and 42 of Use Permit No. 3565 Cas approved by the City
of Newport Beach on September 11, 1995) shall be incorporated by reference
into this coastal development permit.
7. CU1`Ur3i Rasour es
a. The measures described in'Mitigation Measures H.1, through H.10. inclusive
of the City of Newport Beach's approval of Environmental Impact Report No.
155 (Exhibit C of Resolution 95-102) shall be incorporated by reference
into this coastal development permit.
b. The applicants shall agree to consult with the State Historic Preservation
Office and the State Native American Heritage Commission in the event that
cultural resources are found on—site to develop an appropriate mitigation
plan.
8. Liahtina
a. To minimize adverse visual impacts and adverse impacts to on—site and
adjacent natural areas, the measures described in Mitigation Measure G.3.
of the City of Newport Beach's approval of Environmental Impact Report No.
155 (Exhibit C of Resolution 95-102), and the measures described in
Conditions Nos. 30 and 41 of Use Permit No. 3565 (as approved by the City
of Newport Beach or. September 1% 1995) shall be incorporated by reference
Into this coastal development permit.
�. Prior to issuance of the coastal development permit, the applicants shall
submit, subject to the review and approval of the Executive Director, a
copy of the lighting plans described in Special Condition No. 8.a above.
5-95-Z19 =a;e 7.
City of Newport 8each/Fletcher Jones Motorcars
a
To minimize impacts to on-site and adjacent natural areas, the measures
dzscribed in Mitigation Measures F.I. and F.2. of the City of Newport Beach's
approval of Environmental Impact Report No. 155 (Exhibit C of Resolution
95-102), and the prohibition described in Condition No. 31 of Use Permit No.
3565 (as approved by the City of Newport Beach on September i1. 1995) shall be
Incorporated by reference into this coastal development permit.
10. Evidence of Leaal Ability to Develoo
Prior,to issuance of the permit, the applicants shall submit evidence, in a
form and content acceptable to the Executive Director, documenting the
applicants' legal ability to undertake the on-site and off-site development as
described and conditioned herein.
IV. fl-ROINGS AND SEC ARATIONS
The Commission finds and declares:
A. Prciert Oescriotion
The City of Newport 3each and Fletcher Jones Motorcars as co -applicants are
proposing the construction of an automobile dealersr,ip on a 9.63 acre
triangular shaped piece of vacant land at 3300 Jamboree Road. The subject
site is located easterly of the intersection of Jamccree Road and Bayview Nay
and is bounded by Jamboree Road to the northwest, the existing Route 73
freeway and San Joaquin Hills. ransportation Corridor (SJHTC) under
construction to the northeast., and San Diego Creek to the south. The subject
site is curre,. ly comprised of three parcels of land, one each owned by The
Irvine Company, the California Oepartment of Transportation (Caltrans), and
the Transportation Corridor Agencies which is building the adjacent SJHTC.
The subject site is commonly referred to as San Diego Creek North, one of The
Irvine Company properties identified in the Circulation Improvement and Open
Space Agreement (CIOSA) entered into between the City of Newport Beach and The
Irvine Company. The CIOSA contains provisions for the development of the
subject site.
The subject site currently is not owned by the applicants. The ownership is
divided amongst The Irvine Company, the California Oepartment of
Transportation (Caltrans), and the Transportation Corridor Agencies (TU).
Respectively, these entities own 5.1 acres, Z.8 acres, and 1.1 acres. The
applicants have entered into Memorandums of Understanding which provide for
the applicants obtaining ownership of the parcels in question.
The proposed automobile dealership would consist of three buildings set into
the raised portion of the subject site. The main building would contain the
indoor showroom, sales area, parts warehouse, service/repair area, related
office/employee areas, an 1,900 square foot restaurant, and a small third
floor security office. The main building would be 142,030 square feet of
enclosed area and 21,460 square feet of deck area and covered outdoor 'canopy'
display/service/car delivery area.
5-95-219 (rage a
City of Newport Beach/Fletcher Jones Motorcars
The main building would be two stories topped by a 63.500 square foot roof
deck garage and a small third story security office area. The two story area
�ec 'd be 30 feet high, and the third story portion would be 41 feet above the
centerline of the frontage road. The two remaining buildings at the rear of
the property (along the Route 73 freeway) would contain car wash and related
facilities. One building would be one story, 14 feet high, and contain 1,440
square feet. The second building would be two stories, 24 feet high, and --
contain 10,444 square feet. A total of 576 parking spaces would be provided,
with 443 spaces provided for service use, 86 employee spaces, and 47 customer
spaces.
The proposed landscaping plan would include native plants such as Catalina
Ironbark, Mulefat, Saltbush, California Sycamore, White Alder, and Cottonwood
along those areas of the proposed project adjacent to either the on-site marsh
wetland or the off-site TCA mitigation wetland. The lighting for the proposed
dealership mould be low intensity or directed away from the wetlands. Also
proposed is a wall comprised of a section consisting of a 6 foot high masonry
wall topped by 2 feet of chainlink fencing, and a section of 8 foot high black
vinyl coastal chainlink fence clothed with flowering vines such as trumpet
vine. The proposed wail would serve as a buffer wall between a proposed
service road and the adjacent on-site wetland. Also proposed would be a drain
pipe leading from the outdoor display lot to the adjacent off-site TCA wetland
mitigation site.
Removal of three separate patches of on-site mulefat vegetation tota'linq 0.08
acres is proposed. Also propcsed would be similar off-site vegetation
creationlenhancement in Upper Newport Bay. An off-site coastal sage scrub
enhancement/restoration project in the mouth of Big Canyon is further proposed
and would be developed in conjunction with the U.S. Fish and Wildlife Service
(USFWS) as part of the action taken on a USFWS 404(d) permit for removal
("take°) of 2.1 acres of on-site coastal sage scrub. The proposed coastal
sage scrub site would be 4.3 acres.
Not included as part of this project is the construction of the extension of
Bayview Nay easterly of Jamboree Road nor the future construction of the
Jamboree Flyover (JR -5) ramp which would be located over the western edge of
the subject site connecting to the San Joaquin Hills Transportation Corridor.
Environmentally Sensitive Habitat Areas
Section 30240 of the Coastal Act states:
(a) Environmentally sensitive habitat areas shall be protected against
any significant disruption of habitat values, and only uses dependent on
such resources shall be allowed within such areas.
(b) Development in areas adjacent to environmentally sensitive habitat
areas and parks and recreation areas shall be sited and designed to
prevent impacts which would significantly degrade such areas, and shall be
compatible with the continuance of such habitat areas.
5-95-219 (Paye 9,
City of Newport Beach/Fletcher Jones Motorcars
The environmental impact report (EIR) prepared for the proposed development
identified 2.1 acres of coastal sage scrub vegetation on site. The on-site
coastal sage scrub is not connected to other coastal sage scrub vegetation
n1f-site. All 2.1 acres of coastal sage scrub would be removed as part of the
proposed development. The applicants are proposing a coastal sage scrub
restoration/enhancement project comprising 4.3 acres connected to other
coastal sage scrub areas at the mouth of Big Canyon on land owned by the City
and adjacent to the Upper Newport Bay Ecological Reserve. The proposed
project is being developed based on the U.S. Fish and Wildlife Service's
(USFWS) action on a 404(d) permit for the removal of the on-site coastal sage
scrub.'
The Commission has recognized coastal sage scrub as being valuable because it
is used for habitat by the California gnatcatcher, a species listed as
threatened by the federal government and considered a target species in the
State's Natural. Communities Conservation Planning (NCCP) planning process.
The NCCP program was established by the state's Natural Community Conservation
Planning Act of 1991. The California Department of Fish and Game (DFG) is the
principal state agency implementing the NCCP program. Because the NCCP
program includes goals for protection of significant environmentally sensitive
habitat areas (ESHA), the goals of the NCCP and the Coastal Act Section 30240
are mutually compatible.
Although directed to preserving habitat for the gnat:at:her, the more
important function of the NCC? process is to preserve habitat used by many
species, i.e. multi -species habitat planning. To plan for tie permanent
protection of coastal sage scrub on a comprehensive, regional basis, some
areas may be disturbed or developed only provided that other, more meaningful
and significant habitat areas or corridors can be preserved through the NCCP
process. Throughout Orange County, the DFG has identified areas of critical
biological importance to be preserved through their inclusion w?thin proposed
reserve, special linkage, or non -reserve open space areas because they contain
especially valuable habitat, including coastal sage scrub vegetation highly
suited for gnatcatcher habitat.
The subject site is adjacent to, but is not included in the proposed reserve,
special linkage, or non -reserve open space areas for the NCCP program.
However, the mouth of Big Canyon, where the proposed coastal sage scrub
restoration project would occur, has been identified through the NCCP process
as a proposed non -reserve open space area. Since the coastal sage scrub on
San Diego Creek North has not been identified for inclusion in one of these
areas afforded special protection, but the Big Canyon coastal sage scrub
creation project has been so identified, the Big Canyon site would be
considered the ESHA in the context of the NCCP program. In the regional
context of the NCCP program, the removal of the 2.1 acres of fragmented,
isolated coastal sage scrub would not be considered significant provided the
previously described restoration project at the mouth of Big Canyon is
preserved.
5-95-219 (Page 10)
City of Newport Beach/Fletcher Jones Motorcars
The EIR acknowledged that a nesting pair of California gnatcatchers was last
seen on the subject site sometime in 1994. However, no gnatcatchers were
documented on site at the time the biological site survey was conducted in
March of 1995 as part of the EIR preparation. In the response to comments on
the EIR, it was concluded that the on-site coastal sage scrub is neither
critical to the survival of the gnatcatcher nor especially valuable because of
the disturbed and fragmented nature of the on-site coastal sage scrub.
A separate EIR was prepared for a variety of different sites, including the
subject site, as part of the Circulation Improvement and Open Space Agreement
(CIOSA) entered Into by the City of Newport Beach and The Irvine Company. The
EIR for the CIOSA only mentioned on-site coastal sage scrub once in the
technical appendices and not at all in the main EIR. The EIR proposed no
coastal sage scrub mitigation measures for the subject site.
1Ae LFG has ed.s:parate comments on the coastal sage scrub on-site (see
Exhibit). The OFG states that the on-site coastal sage scrub is remnant and
supports the proposed coastal sage scrub mitigation site which it states would
be connected to other coastal sage scrub patches.
Since the off-site coastal sage scrub restoration/enhancement project in the
mouth of Big Canyon would be considered ESiiA in the regional context of the
NCCP program and is critical to preserving valuable habitat, it is important
that the coastal sage scrub proposed to be restored/ enhanced be protected
against any significant disruption of habitat values, consistent with Section
3CZ40 of the Coastal Act. Therefore, a condition is being imposed requiring
protection of the proposed restoration/enhancement in perpetuity. A condition
is also being imposed for the- submission of the detailed plan for the
restoration/enhancement project and documentation of its approval by the USFWS
service.
Therefore, as conditioned, the Commission finds that the removal of the
on-site coastal sage scrub in conjunction with the proposed development is
consistent with Section 30240 of the Coastal Act.
Marine Resources
Section 30231 of the Coastal Act states:
The biological productivity and the quality of coastal waters, streams,
wetlands, estuaries, and lakes appropriate to maintain optimum populations
of marine organisms and for the protection of human health shall be
maintained and, where feasible, restored through, among other means,
minimizing adverse effects of waste water discharges and entrainment,
controlling runoff, preventing depletion of ground water supplies and
substantial interference with surface water flow, encouraging waste water
reclamation, maintaining natural vegetation buffer areas that protect
riparian habitats, and minimizing alteration of natural streams.
5-95-219 (Page I0
City of Newport Beach/Fletcher Jones Motorcars
Section 30233 of the Coastal Act states, in relevant part:
(a) The diking, filling, or dredging of open coastal waters, wetlands,
estuaries, and lakes shall be permitted in accordance with other
applicable provisions of this division, where there is no feasible less
environmentally damaging alternative, and where feasible mitigation
measures have been provided to minimize adverse'environmental effects, and
shall be limited to the following:
(1) New or expanded port, energy, and coastal—dependent industrial
facilities, including commercial fishing facilities.
(2) Maintaining existing, or restoring previously dredged, depths in
existing navigational channels, turning basins, vessel berthing and
mooring areas, and boat launching ramps.
(3) In wetland areas only, entrance channels for new or expanded
boating facilities; and in a degraded wetland, identified by the
Department of Fish and Game pursuant to subdivision (b) of Section
30411, for boating facilities if, in conjunction with such boating
facilities, a substantial portion of the degraded wetland is restored
and maintained as a biologically productive wetland. The size of the
wetland area used for boating facilities, including berthing space,
tarning basins, necessary navigation channels, and any necessary
support service facilities, shall not exceed 25 percent of the
degraded wetland.
(a) in open coastal'.waters, other than wetlands, including streams,
estuaries, and lakes, new or expanded boating facilities and the
placement of structural pilings for public recreational piers that
provide puclic access and recreational opportunities.
(5) Incidental public service purposes, including but not limited
to, burying cables and pipes or inspection of piers and maintenance
of existing intake and outfall lines.
(6) Mineral extraction, including sand for restoring beaches, except
in environmentally sensitive areas.
(1) Restoration purposes.
(a) Nature study, aquaculture, or similar resource dependent
activities.
CO In addition to the other provisions of this section, diking, filling,
or dredging in existing estuaries and wetlands shall maintain or enhance
the functional capacity of the wetland or estuary. Any alteration of
coastal wetlands identified by the Department of Fish and Game, including,
but not limited to, the 19 coastal wetlands identified in its report
entitled, 'Acquisition Priorities for the Coastal wetlands of California",
shall be limited to very minor incidental public facilities, restorative
measures, nature study, commercial fishing facilities in Bodega say, and
development in already developed parts of south San Diego Bay, if
otherwise in accordance with this division.
5-95-219 (Page 12)
City of Newport Beach/Fletcher Jones Motorcars
Further, the CIOSA approved by the Coastal Commission, as it relates to the
subject San Diego Creek North site, states in relevant part that "no
+,troachment or loss of wetlands is approved . . (see Exhibit C).
The proposed project would have impacts on the adjacent wetlands, including
the on—site marsh, the Transportation Corridor Agencies (TCA) mitigation site,
San Diego Creek, and Upper Newport Bay (into which San Diego Creek drains),
which is one of the 19 coastal wetlands referenced in Section 30233(c) of the
Coastal Act. The impacts would result from runoff contaminated by
construction activities and sediment transport, parked vehicles, and other
factors.
At the eastern corner of the triangular shaped subject site is an
approximately 0.72 acre marsh. The marsh would not be diked, dredged, or
filled for purposes of the proposed development. However, the proposed
Ceveloomeat mould be immediately adjacent to the marsh and could result in
impacts resulting from runoff, lighting, and noise.
The value of California's coastal wetlands lies in their biodiversity.
Further, it is thought that 75; of Southern California's historic wetlands
have been lost (Dennis and Marcus, 1984). To prevent impacts to wetland and
riparian habitat from adjacent development, the Commission has historically
required 100 foot wide buffer areas. However, only a 6 foot high wall topped
by a 2 foot high chain link fence is proposed as a buffer. In the response to
comments to the environmental impact report (EIR) it is concluded that the
proposed wall would adequately buffer impacts frcm the proposed project. To
ensure that the on—site marsh is not impacted, however, a condition is
necessary which requires the'applicants to record a deed restriction limiting
the on—site marsh area only to uses which further the habitat values of the
marsh.
:=acts to the wildlife and resource values of the on—site marsh resulting
from noise and lighting generated by the proposed development would be
lessened through noise reduction measures and by installing lighting which is
directed away from the marsh or is of low intensity. Therefore, it is
necessary that the Commission incorporate by reference the mitigation measures
adopted by the City in it's approval of the project EIR no. 155 regarding
impacts from noise and light.
The applicants propose a pipe which would drain runoff from the outdoor
display area into the adjacent wetland being constructed as mitigation for
wetland impacts caused by the construction of the San Joaquin Hills
Transportation Corridor toliroad. This drain would contain pollutant traps
such as grease and oil filters to minimize poiTutants entering into this
wetland. Drains in areas such as service bays and car washes which would
generate high levels of oil, chemicals. and other pollutants, would route
runoff directly into the sever system rather than into storm drains which dump
into San Diego Creek or Upper Newport Bay.
5-95-219 (Page 13)
City of Newport Beach/.Fletcher Jones Motorcars
Polluted runoff entering into wetlands would adversely impact the habitat
values of the wetlands. Therefore, to minimize impacts from runoffs to the-
au4jacent off-site wetland resources, it is necessary to impose conditions
incorporating the City's conditions of approval regarding the reduction of
polluted runoff from the site.
The vegetation map of the environmental impact report (EIR) shows three areas
of mulefat scrub on the project site totalling 0.08 acres. On page 4.7-23,
the EIR states that while mulefat scrub is usually considered a riparian
community, its primary function an the project site is as a component of the
more prevalent upland scrub types and is not riparian or wetland habitat on
this specific site. Therefore, removal of the on-site mulefat in this
particular instance would not constitute diking, filling, or dredging of
wetlands pursuant to Section 30233 of the Coastal Act.
The California Department of Fish and Game (DFG) has provided comments on the
on-site mulefat vegetation. The DFG states that the on-site mulefat patches
are not connected to other wetlands habitat, and that they have occurred due
to previous site modifications. The DFG further states it would not require
streambed alteration agreement for removal of the mulefat. Nevertheless, the
DFG states that mitigation for the mulefat's removal could occur on-site or
off-site and should ensure that there would be no net loss of habitat value.
The applicants are proposing to provide riparian habitat at an off-site
location in the nearby Upper Newport Say Ecological reserve. The permit is
being conditioned for the submittal of the final details of the proposed
habitat creation project.
Therefore, as conditioned, the proposed development is consistent with
Sections 36231 and 30233 of the Coastal regarding water quality and wetlands,
respectively.
E. Hazards
Section 30253 of the Coastal Act states, in relevant part:
New development shall:
(1) Minimize risks to life and property in areas of high geologic, flood,
and fire hazard.
(2) Assure stability and structural integrity, and neither create nor
contribute significantly to erosion, geologic instability, or destruction
of the site or surrounding area or in any way require the construction of
protective devices that would substantially alter natural landforms along
bluffs and cliffs.
The triangular shaped subject site is two-tiered, consisting of a basically
level terrace area along Jamboree Road, with basically level areas adjacent to
San Diego Creek and the Route 73 freeway about 20 feet lower than the Jamboree
side. The proposed project includes 160,000 cubic yards of grading (export)
to create a building pad.
5-95-219 (Page 14;
City of Newport BeachlFletcher Jones Motorcars
A preliminary geotechnical report dated May 5, 1995 (Work Order 500322) was
^re;ared for the City of Newport Beach - Public Works by Pacific Soils
Engineering, Inc. regarding the subject site. The report describes the
subsurface materials at the subject site as being comprised of fill or
colluvium consisting of moist, clayey sand. The fill or colluvium is overlain
on marine terrace deposits consisting of poorly graded sand. Intermixed were
Newport Bay Bay deposits consisting of moist to saturated, stiff to very
stiff,,piastic clay.
The report concludes that the subject site is suitable from a geotechnical
standpoint for the proposed development if the report's recommendations are
incorporated into the design and construction of the proposed development.
Recommendations include removal of loose fill and replacement with compacted
fill, information for design of shallow spread and continuous footings.
incorporation of a shrinkage factor of 10 to 15 percent into the site grading
plan. and the overfilling of fill slopes not less than two feet measured
Perpe"t,caaar to -The slrope face.
To assure geologic stability and structural integrity and minimize risks from
geologic hazards, a special condition must be imposed which requires the
submission of pians approved by the geotechnical consultant which incorporate
the recommendations contained in geotechnical report dated May 5, 1995. (Work
Order 500322 was prepared for the City of Newport Beach - Public Works by
Pacific Soils Engineering, Inc.) Therefore, as conditioned, the Commission
finds that the proposed development is consistent with Section 30253 of the
Coastal Act regarding hazards.
Public A -asg/R creation
Section 30212.5 of the Coastal Act states:
Wherever appropriate and feasible, public facilities, including parking
areas or facilities, shall be distributed throughout an area so as to
mitigate against the impacts, social and otherwise, of overcrowding or
overuse by the public of any single area.
Section 30222 of the Coastal Act states:
The use of private lands suitable for visitor -serving commercial
recreational facilities designed to enhance public opportunities for
coastal recreation shall have priority aver private residential, general
industrial, or general commercial development, but not over agriculture or
coastal -dependent industry.
Section 30223 of the Coastal Act states:
Upland areas necessary to support coastal recreational uses shall be
reserved for such uses, where feasible.
5-95-219 (Page 15)
City of Newport Beach/Fletcher Jones Motorcars
Section 30252 of the Coastal Act states, in relevant part:
The location and amount of new development should maintain and enhance
Public access to the coast by (4) providing adequate parking facilities or
providing substitute means of serving the development with public
transportation, .
The subject site is located between the nearest public roadway and the waters
of San Diego Creek. As approved by the Commission on June 10, 1993, the
Circulation Improvement and Open Space Agreement (CIOSA) between the City and
.he Irvine Company designates the subject site for open space/public
facilities, permits park-and-ride facilities and "[p]passive and active public
recreation facilities such as hiking, biking, scenic outlooks, picnicking and
equestrian trails," and deletes the office uses allowed under the City's
certified Land Use Plan (LUP) portion of. the City's not yet fully certified
Local Coastal Program LLCP).
The proposed development would preclude use of the site for the park-and-ride
and most types of recreation facilities permitted under the CIOSA as approved
by the Commission on June 10, 1993. However, the standard of review for the
proposed development is conformity with the Chapter 3 policies of the Coastal
Act, including the public access and recreation policies.
While the permitted park-and-ride facility would likely be intended for use by
Newport Beach residents to commute to employment outside of the coastal zone,
a park-and-ride facility on the subject site could also theoretically be used
as a parking reservoir for coastal zone visitors travelling on the adjacent
Route 73 freeway who would park at the subject site, and take non -automobile
transportation to the City's visitor -serving areas.
However, the subject site is a few miles from the City's primary visitor
serving commercial areas on the 9alboa Peninsula seaward of Pacific Coast
Highway (State Route One). Thus, a park-and-ride facility at San Diego Creek
Ncrth would likely be underutilized as a place for coastal zone visitors to
park and take non -automobile transportation to the City's main visitor areas.
In addition, the environmental impact report (EIR) prepared for the proposed
development concludes that the site is probably inappropriate for use as a
neighborhood, community, or urban level park because of its location isolated
and separated from residential areas by Jamboree Road, a wide major arterial
road, the Route 73 freeway, and San Diego Creek.
Further, on August 4, 1994, the Commission approved coastal development permit
no. 5-93-382 for the County of Orange's pian to develop a regional park,
including a 100 space parking lot, around Upper Newport Bay across Jamboree
from the subject site. Also, adjacent to the subject site along the Route 73
freeway and San Joaquin Hills Transportation Corridor tollroad under
construction, the toliroad agency would build a bicycle path which would
provide access and recreation opportunities. In addition, the subject site is
at the edge of the coastal zone.
5-95-219 (Page 16)
City of Newport Beach/Fletcher Jones Motorcars
Therefore, the Commission finds that the subject site would not be suitable
f r visitor serving commercial recreation uses, is not necessary to support
coastal recreation uses, and adequate public facilities, public access
opportunities, and public recreation opportunities exist nearby. Therefore,
the Commission finds that the proposed development as proposed would not be
inconsistent with the public recreation and public access policies of Chapter
Three of the Coastal Act.
2. Parkins
When private development does not provide adequate on-site parking, patrons of
the development are forced to use public parking that should be available to
general visitors to the coastal zone. The lack of available public parking
can discourage coastal zone visitors and otherwise adverse impact public
access.
The Commission has regularly used parking standards to determine whether
development would provide adequate on-site parking. For an automobile sales
establishment, the standard is 1 space for each 500 square feet of gross floor
area, except floor area used exclusively for storage or loading, plus i space
for each 1,00C Square feet of outdoor sales, display, or service area. For a
restaurant, the standard is one space for each 50 square feet of public
service area (areas where the public can dine or wait to dine).
A specific breakdown for exclusive storage or service areas was not provided.
However, the total 153,514 square feet of gross floor area of all three
proposed buildings including.exciusive storage and service areas would only
require approximately 308 parking spaces. The 20,360 square feet of covered
'canopy" outdoor sales area would require 20 parking spaces. The proposed
indoor restaurant facility containing 900 square feet of public service area
would require 18 parking spaces. The total parking demand for the proposed
development is thus 346 spaces.
The proposed development would provide 576 parking spaces, exceeding the
parking required based on the Commission's reguiarly used parking standards.
Since adequate parking would be provided, significant adverse impacts to
public access would not result from the parking situation. Therefore, the
Commission finds that, as submitted, the proposed development would be
consistent with Section 30252 of the Coastal Act regarding parking.
G. Cultural Resources
Section 30244 of the Coastal Act states:
Where development would adversely impact archaeological or paleontological
resources as identified by the State Historic Preservation Officer,
reasonable mitigation measures shall be required.
The environmental impact report (EiR) prepared for the project states on that
cultural resources site CA -ORA -57(77)H is within the project area. While
surface resources were not encountered, the potential remains for unknown
subsurface resources to be uncovered during grading activities as acknowledged
in the EIR.
5-95-219 (Page 17)
City of Newport Beach/Fletcher Jones Motorcars
The City has adopted mitigation measures as part of the EIR approval to
a monitor to be present during on—site grading activities. The
monitor would have the express authority to halt work temporarily for 48 hours
if cultural resources are unearthed during the course of grading. Therefore,
the permit is being conditioned for the adoption by reference of the City's
mitigation measures.
The permit is further being conditioned to require that the State Office of
Historic Preservation and the State Native American Heritage Commission be
contacted for their input if cultural resources are found. Therefore, as
conditioned, the Commission finds that the proposed project would be
consistent with Section 30244 of the Coastal Act.
N. Vic gat r-m*rtq
Section 30251 of the Coastal Act states:
The scenic and visual qualities of coastal areas shall be considered and
protected as a resource of public importance. Permitted development shall
be sited and designed to protect views to and along the ocean and scenic
coastal areas, to minimize the alteration of natural land forms, to be
visually compatible with the character of surrounding areas, and where
feasible, to restore and enhance visual quality in visually degraded
areas. New development in highly scenic area such as those designated in
the California Coastline Preservation and Recreation Plan prepared by the
Oepartnent of Parks and Recreation and by local government shall be
subordinate to the character of its setting.
The proposed project is located adjacent to San Diego Creek on one side but
otherwise is in an urbanized area. Across San Diego Creek would be the
8aypointe condominium project approved on August 10, 1995 by the Commission
under coastal development permit application 5-95-058. Directly across
Jamboree Road is a Mariott Suites hotel. On the eastern side of the subject
site is the Route 73 freeway and the construction of the San Joaquin Hills
tcTlroad.
The proposed project would not block views along San Diego Creek to Upper
Newport Bay. In addition, the proposed project would be visually compatible
with the existing development nature of the surrounding areas. Mhile 160,000
cubic yards of grading would occur, no significant natural landforms exist
on—site.
Thus, the Commission finds the proposed project to be consistent with Section
30251 of the Coastal Act.
5-95-219 (Page 18)
City of Newport Beach/Fletcher Jones Motorcars
'I.' Evidance of Laval Ability to npvnlnn
Consistent with Section 30601.5 of the Coastal Act. the applicants must
evidence their legal ability to develop a site. Currently, the applicants
have no legal interest in the development site other than
Memorandums—Of—Understanding with the current owners providing for the
appitcants to obtain eventual ownership of the site. Therefore, it is
necessary for a condition to be imposed, prior to permit issuance, which
requires the applicants to provide evidence of their legal ability to develop
the site as conditioned herein.
Section 30604(a) Of the Coastal Act provides that a coastal development permit
shall De issued Only if Ilse Proposed development would not prejudice the
ability of the local government having jurisdiction to prepare a local coastal
program (LCP) which conforms with, and is adequate to carry out, the Chapter
Three policies of the Coastal Act.
The Newport Beach Land Use Pian (LUP) was certified on May 19, 1982. However,
no implementation plan has yet been certified by the Commission. As currently
certified by the Commissicn, the City's LUP designates San Diego Creek North
for "Administrative, Professional and Financial Commercial' land use and
Permits 112,000 square feet of building area. The LUP also designates a 2.5
acre reserve for a fire station.
The proposed development would not be a use permitted under the current
designation. The proposed d6 elcoment would be permitted under the 'Retail
and Service Commercial" LUP land use designation. Therefore, the proposed
development would be inconsistent with the LUP as currently certified.
However, the difference between office commercial use and retail commercial
use would not be significant in this case. In addition, the City has approved
an LUP amendment to change the designation to 'Retail and Service Commercial"
use. The City is in the process of submitting this LUP amendment to the
Commission for action. Further, the proposed project has been conditioned to
be consistent with the Chapter Three policies of the Coastal Act.
Therefore, the Commission finds that approval of the proposed project as
conditioned would not prejudice the ability of the City of Newport Beach to
prepare an LCP consistent with the Chapter 3 policies of the Coastal Act.
K. [alifornia Fnyfrnnm ntal llnality art
Section 13096 of Title 14 of the California Code of Regulations requires
Commission approval of Coastal Development Permits to be supported by a
finding showing the permit, as conditioned, to be consistent with any
applicable requirements of the California Environmental Quality Act (CEQA).
Section 21080.5(d)(2)(i) of CEQA prohibits a proposed development from being
approved if there are feasible alternatives or feasible mitigation measures
available which would substantially lessen any significant adverse impact
which the activity may have on the environment.
5-95-219 (Page 19)
City of Newport Beach/Fletcher Jones Motorcars
The subject site is located in an urban zone. Infrastructure necessary to
corw,! the site exists in the area. The proposed project has been conditioned
in order to be found consistent with the ESHA, Marine Resources, Public Access
and Recreation, Cultural Resources, and Visual Resources policies of the
Coastal Act. Mitigation measures; including requirements for maintenance of
structural Best Management Practices, conservation easements for the off-site
coastal sage scrub habitat creation. maintenance of the on-site wetland,
contacting the appropriate agencies in the event of the discovery of cultural
resources. and incorporation of certain City mitigation measures rill minimize
all adverse impacts.
As conditioned, there are no feasible alternatives or feasible mitigation
measures available which would substantially lessen any significant adverse
impact which the activity may have on the environment. Therefore, the
Commission finds that the proposed project can be found consistent with the
'age"4WIts W the Cotstal Act to conform to CEPA.
5306F:jta
5-95-219 (Page 20)
City of Newport Beach/Fletcher Jones Motorcars
0
Exhibits
A. Vicinity Man
8
C.
7
Aerial Phot^araoh of si o
E. Plant/genhuring
F. i o plan
G. Qwnerehio Exhihi
H. Veeetation way
I.
Appendix A and Exhibits A through I of the Staff Report:
Regular Calendar (Exhibitl}1) of Coastal Development
Permit No. 5-95-21 are on file and can be viewed in the
offices of the California Coastal Commission, Long Beach
District office, at 245 W. Broadway, Suite 380, Long
Beach, California 90802-4416.
Appendix A: City Mitigation Measures/Conditions
Content of the Exhibits
Exhibit A . . . Vicinity Map
Exhibit B . . . Aerial Map
Exhibit C . Proposed Iterim Habitat Mitigation Plan
Exhibit D . . . Memorandum from Dept. of Fish and Game
dated 9/21/95
Exhibit E . . . Project Rendering
Exhibit F . . . Site Plan
Exhibit G . . . Parcel Ownership
Exhibit H . . . Vegetation Map
Exhibit I . . . Letter from Transportation Corridor
Agencies dated 10/30/95
STAT! Of Gu10Rh1A—TME ■ESOV9CE3 AGENCI r_rarBrr u -z
CALIFORNIA COASTAL COMMISSION '
20 W COAST AT
w EA
W. aEOAOWAI, ST! no
P.O. 6ox IAW
u>P4 RACH. G OOW2. ,.
„V
A 0 0 E N 0 U Nf
TO: Aastal Commissioners and Interested Parties
_ WK3CN.
FRONT. South Coast District Staff
SUBJECT: Item 10.c.: Thursday, November 16, 1945
Coastal Development Permit Application 5-95-219 (City of Newport
_leach/Fletcher Hones Motorcars)
(Page 13 of Meeting Notice)
I. Modifications to Project Description
iI. Changes to Special Conditions and Related Findings
Iii. Corrections to Errors in Star' Report
ii/. Carrespcndence Received Regarding the Staff Repert
and/or Project
Changes and corrections in this addendum are snown as 'allows: add•`_ions are
shown in undarline. and d6ldt;aAt/ird/tAdiA/iA/ltr:lbtiirbd9M.
I• MCOiFICATICNS TO PROJECT CESCRiPT:CN
A. MODIFY PROJECT OESCRiPTICN SUMMARY ON PAGE 1 OF STAFF R£PCRT AS FOLLCHS:
Construction of an automobile dealership an the San Ciago Creek North site
consisting of 153,914 square feet a' enciosed area in three buildings and
21,460 square feet of deck/covered outdoor canopy area comprised of indoor
showroom/outdoor display, service, parts, and sales areas, related
offices. indoor food establishment, signage, and parking structure. A
total of 576 parking spaces would be provided divided among service,
Amployee, and customer spaces. The proposed buildings would be primarily
two stories and up to 30 feet high, with one small third story security
office area 41 feet above the centerline of tie frontage road. Also
proposed are a buffer wall between a proposed service road and the
adjacent on-si.te wetland, a drain pipe leading to an adjacent of -site
wetland mitigation site, landscaping incorporating native vegetation
adjacent to the wetlands, low intensity and directional lighting, and 0.2
acres of off-site riparian habitat creation. An off-site coastal sage
scrub enhancement/restoration project in the mouth of Big Canyon is
proposed which is oraoased to he oratected in narnarnity by an nffer to
the on-stt w riand Not included as part of this project is the
construction or the extension of Bayview Nay easterly of JtM4fdd/26td
the protect site nor the future construction of the Jamboree Flyover
(JR -5) ramp connecting to the San Joaquin Hills Transportation Corridor.
5-95-219 (Aaaendum)
Page 2
MODIFY DETAILED PROJECT DESCRIPTION IN THE THIRD AND FOURTH PARAGRAPHS ON
rnut n ur �)IArr HtrUKT AS FOLLOWS:
Removal of three separate patches of cn—site mulefat vegetation totalling
0.08 acres is proposed. Also proposed would be similar off—site
vegetation creation/enhancement in Upper Newport Bay. An off—site coastal
sage scrub enhancement/restoration project in the mouth of Big Canyon is
further proposed and would be developed in conjunction with the U.S. Fish
and Wildlife Service (USFWS) as part of the action taken an a USFKS 404(d)
permit for removal ( take") of 2.1 acres of on—site coastal sage scrub.
The proposed coastal sage scrub site would be 4:3 4.55 acres.
L 4ha'1 he recordod and shall be ir^ vocabia fnr 7i vaarS from the data
of the affer'S r rordatidn7
2-
4.
L,
will be in a firm and rentent irce^Csila to r4a =yorn*iya nirartor of
!"a :^u n , �„mmi55ion7 _
mall run w:.i the lard and shall be ra-ordad fraa and riai- of CrTor
1'en5 04 -1 liay affart tie inures- heila c^.nvavedc ind
w`li ba Suomi r`ar, to `hp =Y aril-iv ni-ar mor o -i r:- !'^ i55uanCe of the
-C15t1' dev4lonmer,r nar1l"
5-95-219 (Addendum)
Page 3
exrension's eastern terminus. not inu uueu as part or this project is
construction of the extension of Bayview Hay easterly of JidWdfd!/Rdi1
the project site nor the future construction of the Jamboree Flyover
(JR—S) ramp which would be located over the western edge of the subject
site connecting to the San Joaquin Hills Transportation Corridor.
II. CHANGES TO SPECIAL CONDITIONS AND RELATED FINDINGS
the
A. MODIFY SPECIAL CONDITION NO. 2 ENTITLED "DEED RESTRICTION (INTERIM HABITAT
LOSS MITIGATION PLAN) ON PAGE 4 OF THE STAFF REPORT BY SUBSTITUTING THE DEED
RESTRICTION PROVISIONS WITH THE FOLLOWING PROVISIONS FOR THE SUBMISSION OF
EVIDENCE OF THE PROPOSED RECORDATION OF .A CGNSERVAT.i^_9 CEMENT:
Conservation Easement
Prior to issuance of the coastal development permit, the applicants shall
submit to the 'Executive Director for review and approval evidence that an
irrevocable offer to dedicate a conservation easement as proposed by the
applicants to the United States Fish and Wildlife Service has been
exacuted in accordance with the terms of the project description as
proposed by the apali_ait (Page 2 of this Addendum which modifies Section
;V.A., Page 3 of the ,November 3, 1995 staff report).
FINCINGS FOR CHANGES TG SPECIAL CCNCiTIGH NO. 2
Mcd`fy the third and fourth paragraphs, respectively, an Page 10 of the staff
report as follows:
The OFG has provided separate comments on the coastal sage scrub on—site
(see Exhibit 2). The OFG states that the on—site coastal sage scrub is
remnant and supports the proposed coastal sage scrub litlyitttA
restoration/enhancement site which it states would be connected to other
coastal sage scrub patches.
Since the off—stte coastal sage scrub restoration/enhancement project in
the mouth of Big Canyon would be considered ESHA in the regional context
of the ;CCP program and is critical to preserving valuable habitat, it is
important that the coastal sage scrub proposed to be restored/enhanced be
protected against any significant disruption disruption of habitat values,
consistent with Section 30240 of the Coastal Act. Such orotaction can be_
Applicants, Therefore, a condition is being imposed requiring
5-95-219 (Addendum)
Page 4
rescerazseeieellideEdlA!/fd/�lf�dfitfj[ A condition is also being
imposed for the submission of the detailed plan for the
restoration/enhancement project and documentation of its approval by the
USFWS,tffiifbl
III. CORRECTIONS TO STAFF REPORT
A. [REPLACE THE 'SUMMARY OF STAFF RECOhMENOATICN" SECTION ON PAGE 2 OF THE
STAFF REPORT WITH THE FOLLCHING CORRECTED VERSICNI
TAFF RECCMMENCATT
Staff is recommending approval of the proposed development with special
conditions regarding hazards, wetlands and ESHAs, and cultural resources.
Some of the special conditions incorporate by reference the City's conditions
and nitigaticn measures• as shown in Appendix A of this staff report (Exhibit
"C" to City's Resolution of Approval 95-102), and as cross-referenced below.
Tatar
Quality 6. 6 12, 13 3.S., 8.7., 3.8., pas. T-11
3.i4., 3.16.,
3.17., C.I. through
C.10., C.12. through
Conditions 29, 37,
42 pps. 22-24
Cultural
Resources 7.a. 6 16 H.1. through H.10. pps. 19-21
Visual
Resources
Lighting 8.a. 6 17 G.3. P. 15
Conditions 30, 41 pps. 22-24
Soecia'
Cary
Page 4 of
Coa;ta; Act
Canditian s
Findings
.Mitigation
Appendix A of
7otic
; Paae s "
Page
H22su-e/Condition
Staff Report
ESHAs
l.a. a
8
G.a., G.6., G.7.
pps. 16-18
Wetlands
Buffers
3.b. 5
12
G.1., G.2., G.5.
pps. 13-15, 18
Lignting
8.a. 5
12
G.3.,
P. 15
Conditions 30, 41
pps. 22-24
Noise
10. 7
i2
F.1., F.2.,
P. IZ
Condition 3T
p. 23
Tatar
Quality 6. 6 12, 13 3.S., 8.7., 3.8., pas. T-11
3.i4., 3.16.,
3.17., C.I. through
C.10., C.12. through
Conditions 29, 37,
42 pps. 22-24
Cultural
Resources 7.a. 6 16 H.1. through H.10. pps. 19-21
Visual
Resources
Lighting 8.a. 6 17 G.3. P. 15
Conditions 30, 41 pps. 22-24
5-95-219 (Addendum)
Page 5
E. APPENDIX A
Replace Page 23 of Appendix A with the attached corrected version of Page 23
of Appendix A.
IV. CORRESPONDENCE RECEIVED
A. Attach as Exhibit 'J' to the staff report the following letter dated
November 14, 1995 from N. Andriette Culbertson to John T. Auyong amending
the project description to include the proposed conservation easement.
B_ As of 5:00 p.m., Tuesday, November 14, 1995, no other correspondence
regarding the staff report or proposed project was received.
5697F:jta
The exhibits to the Addendum to the Staff Recommendation
and Findings for Coastal Development Permit No. 545-219
are on file and can be viewed in the offices of the
California Coastal Commission, Long Beach District Office,
at 245 W. Broadway, Suite 380, Long Beach, California
90802-4416.
Content of the Exhibit
Appendix A. . . Replacement Page 23
Exhibit J . . . Letter from Andriette Culbertson to
John T. Auyong amending project
description dated 11114/95
STATE OF CAUFORNA—THE RESOURCES AGENCY C.iHjKJ.'j' IS -j PETE
CALIFORNIA COASTAL COMMISSION Page 1 of __5
SOUTH COAST AREA Date: 21 November
Iu W. BROADWAY, STE. 380 Permit Application No. 5-95-219
P.O. Bol 1A
LONG BEACH. CA 90801 16
(310 S9P6071 NOTICE OF INTENT TO ISSUE PERMIT
On 16 November 1995 _, the California Coastal Commission granted to
City of Newport Beach 6 Fletcher Jones- Permit 5-95-219 subject to the
attached conditions, for development consisting of:
Construction of an automobile dealership on the San Diego Creek North site
consisting of 153,914 square feet of enclosed area in three buildings and
21,460 square feet of deck/covered outdoor canopy area comprised of indoor
showroom/outdoor display, service, parts, and sales areas, related offices,
indoor food establishment, signage, and parking structure. A total of 576
parking spaces would be provided divided among service, employee, and
customer spates. The proposed buildings would be primarily two stories and
up to 30 feet high, with one small third story security office area 41 feet
above the centerline of the frontage road. Also proposed are a buffer wall
between a proposed service road and the adjacent on-site wetland, a drain
pipe leading to an adjacent off-site wetland mitigation site, landscaping
incorporating native vegetation adjacent to the wetlands, low intensity and
directional lighting, and 0.2 acres of off-site riparian habitat creation.
An off-site coastal sage scrub enhancement/restoration project in the mouth
of Big Canyon is proposed which is proposed to be protected in perpetuity by
an offer to dedicate a conservation easement. Also proposed is the
construction of the northern half of Bayview Way adjacent to the site between
Jamboree and the on-site wetland. Not included as part of this project is
the construction of the extension of Bayview way easterly of the project site
nor the future construction of the Jamboree Flyover (JR -5) ramp connecting to
the San Joaquin Hills Transportation Corridor.
more specifically described in the application file in the Commission offices.
The development is within the coastal zone in OranaeCounty
-------- --A
at
Newport Beach
The actual development permit is being held in the Commission office until
fulfillment of the Special Conditions imposed by the Commission. Once these
conditions have been fulfilled, the permit will be issued. For your information,
all the imposed conditions are attached.
Issued on behalf of the California Coastal Commission on 21 November 1,995
PETER DOUGLAS
Executive Director
By
P l r
Coastal„ a :1.
Page 2 of 5
Permit Application No. 5-95-219
November 21, 1995
The undersigned permittee acknowledges receipt of this notice of the California
Coastal Commission determination on Permit No. 5-95-219 and fully
understands its contents, including all conditions imposed.
is - -/-
Date
Please sign and return one copy of this form to the Commission office at the above
address.
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as set forth in the application for permit, subject to any special
conditions set forth below. Any deviation from the approved plans must be
reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition
will be resolved by the Executive Director or the Commission.
S. Inspections. The Commission staff shall be allowed to inspect the site and
the project during its development, subject to 24-hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms
and conditions.
KQTICE OF INTFNT TO I CUE VRML
Page _ 3 of 5
Permit Application No. 5-95-219
November 21, 1995
�u . •.. . -i a ..,
Prior to issuance of the coastal development permit, the applicants shall submit,
for the review and approval of the Executive Director, the following:
an Interim Habitat Loss Mitigation Plan ("IHLMP"), as conceptually described
in both the October 23, 1995 letter with attachments from Patricia Temple of
the City of Newport Beach to Linda Dawes of the United States Fish and
Wildlife Service ("USFWS") and Mitigation Measures G.4., G.6., and G.7. of
the City of Newport Beach's approval of Environmental Impact Report No. 155
(Exhibit C of 1esolution 95-102)
Conservation Easement
Prior to issuance of the coastal development permit, the applicants shall submit
to the Executive Director for review and approval evidence that an irrevocable
offer to dedicate a conservation easement as proposed by the applicants to the
United States Fish and Wildlife Service has been executed in accordance with the
terms of the project description as proposed by the applicant (Page 2 of the
Addendum to the November 3, 1995 staff report which modifies Section IV.A., Page
of the November 3, 1995 staff report).
3. Pro ion of Adjacent Wetlands
a. Deed Restriction
Prior to issuance of the coastal development permit, the applicants as landowner
shall execute and record a deed restriction, in a form and content acceptable to
the Executive Director, which provides the following:
I. that the on-site freshwater marsh, as identified on the landscape plans
contained in the file for coastal development permit 5-95-219, shall be
restricted to habitat restoration, habitat enhancement, habitat maintenance,
habitat protection, open space, and view preservation uses only; and
Ii. that the landowner agrees to cooperate with the parties responsible for the
maintenance of both the on-site freshwater marsh wetland and the adjacent
saltwater marsh wetland being constructed between Jamboree Road, San Diego
Creek, and the proposed extension of Bayview Way, in regards to mitigating
any unforeseen impacts on said wetlands resulting from the development as
described and conditioned herein.
The deed restriction shall run with the land, binding all successors and assigns,
and shall be recorded free and clear of all prior liens and encumbrances which the
Executive Director determines may affect the interest being conveyed.
Page 4 of _5_
Permit Application No. 5-95-21 _
November 21, 1995
Mitigation Measures G.1., G.2., and G.S. of the City of Newport Beach's approval
of Environmental Impact Report No. 155 (Exhibit C of Resolution 95-102), regarding
the staking of the on-site wetland, shall be incorporated by reference as a
condition of this coastal development permit.
Riparian Habitat Creation
Prior to issuance of the coastal development permit, the applicants shall submit,
subject to the review and approval of the Executive Director, (1) a revised plan,
for the proposed creation of 0.2 acres of riparian habitat in Upper Newport Bay or
the Mouth of 1049 Canyon which shall be similar in nature to the on-site mulefat
vegetation and shall be connected to or integrated with existing riparian habitat,
and (2) evidence of said plan's approval by the California Department of fish and
Game.
Prior to issuance of the coastal development permit, the applicant shall submit,
subject to the review and approval of the Executive Director, plans signed by the
geotechnical consultant indicating that the recommendations in the Preliminary
Geotechnical Report dated May 5, 1995 (Work Order 500322) prepared for City of
Newport Beach - Public Works by Pacific Soils Engineering, Inc. have been
incorporated into the plans for the project. The plans approved by the consultant
shall be in substantial conformance with the plans approved by the Commission
relative to construction, grading and drainage. Any substantial changes to the
plans approved by the Commission which may be required by the consultant shall
require an amendment to this permit or a new coastal development permit.
Water Ouality
To minimize adverse impacts on water quality resulting from erosion, run-off, and
other factors generated by the development described and conditioned herein, the
measures described in Mitigation Measures 8.5., 8.7., B.B., 8.10., B.14., 8.16.,
8.17., C.I. through C.10. inclusive, and C.12. through C.14. inclusive of the City
of Newport Beach's approval of Environmental Impact Report No. 155 (Exhibit C of
Resolution 95-102), and the measures described in Conditions Nos. 29, 37, and 42
of Use Permit No. 3565 (as approved by the City of Newport Beach on September 11,
1995) shall be incorporated by reference into this coastal development permit.
Cultural Resources
The measures described in Mitigation Measures H.l. through H.10. inclusive of
the City of Newport Beach's approval of Environmental Impact Report No. 155
(Exhibit C of Resolution 95-102) shall be incorporated by reference into this
coastal development permit.
The applicants shall agree to consult with the State Historic Preservation
Office and the State Native American Heritage Commission in the event that
cultural resources are found on-site to develop an appropriate mitigation
plan.
Qial1 1
',_
Permit Application No. Page 5-5 _rte
9 r, -?l 9
November 21, 1995
To minimize adverse visual impacts and adverse Impacts to on-site and
adjacent natural areas, the measures described in Mitigation Measure G.3. of
the City of Newport Beach's approval of Environmental Impact Report No. 155
(Exhibit C of Resolution 95-102), and the measures described in Conditions
Nos. 30 and 41 of Use Permit No. 3565 (as approved by the City of Newport
Beach on September 11, 1995) shall be incorporated by reference into this
coastal development permit.
b. Prior to issuance of the coastal development permit, the applicants shall
submit, subject to the review and approval of the Executive Director, a copy
of the lighting piens described in Special Condition No. 8.a above.
9. bi g
To minimize impacts to on-site and adjacent natural areas, the measures described
in Mitigation Measures F.I. and F.2. of the City of Newport Beach's approval of
Environmental Impact Report No. 155 (Exhibit C of Resolution 95-102), and the
prohibition described in Condition No. 31 of Use Permit No. 3565 (as approved by
the City of Newport Beach on September 11, 1995) shall be incorporated by
reference into this coastal development permit.
10. Eyidence pf Lona) Abi
71ity fn n vole
Prior to issuance of the permit, the applicants shall submit evidence, in a form
and content acceptable to the Executive Director, documenting the applicants'
legal ability to undertake the on-site and off-site development as described and
conditioned herein.
11. Comments from the United States Fich and Wildlife Cory, p
Prior to the issuance of the coastal development permit, the Executive Director
shall provide written notification t
Executive Director intends to issue o the U.S. Fish and Wildlife Service that the
the coastal development permit on or before
December 15, 1995 provided all other special conditions of approval are met. The
Executive Director's letter shall attach the October 23, 1995 letter from the City
of Newport Beach to the U.S. Fish and Wildlife Service documenting NCCP Rule 4(d)
findings for the site. The Executive Director's letter shall request that
comments or concerns of the Service be submitted by December 15, 1995, and notify
the Service that the permit will be issued absent any comments, provided all other
special conditions are met.
AFTER YOU HAVE SIGNED AND RETURNED THE DUPLICATE COPY YOU WILL BE RECEIVING THE
LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS) FROM THE SAN FRANCISCO OFFICE. WHEN
YOU RECEIVE THE DOCUMENTS IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE LEGAL
DEPARTMENT AT (415) 904-5200.
JTA:bll
5798F
EXHIBIT C
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Public Resources Code Section 30106
"Development" means, on land, in or under water, the placement or erection of any solid material
or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or
thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the
density or intensity of use of land, including, but not limited to, subdivision pursuant to the
Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other
division of land, including lot splits, except where the land division is brought about in connection
with the purchase of such land by a public agency for public recreational use; change in the
intensity of use of water, or of access thereto; construction, reconstruction, demolition, or
alteration of the size of any municipal utility; and the removal or harvesting of major vegetation
other than for agricultural purposes, kelp harvesting, and timber operations which are in
accordance with a timber harvesting plan submitted pursuant to the provisions of the Zberg-
Nejedly Forest Practice Act of 1973 (commencing with Section 4511).
As used in this section, "structure" includes, but is not limited to, any building, road, pipe,
flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and
distribution line.
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EXMBIT E
RECORDING REQUESTED BY AND RETURN TO:
California Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, CA 94105-2219
Attention: Legal Division
CERTIFICATE OF ACCEPTANCE
This is to certify that
Dedicate executed by City of Newport Beach on
as Instrument Number _
Records of the Office of the Recorder of Orange County.
Dated By:
For:
STATE OF CALIFORNIA
COUNTY OF Orange
On before me,
hereby accepts the Offer to
and recorded on
n the Official
,a
Notary Public, personally appeared
personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
nstrument.
v�'ITNESS my hand and official seal,
iignarure
0
10
11
I2
13
14
15
161 17
18 il
19
11
20
21
22
23
24
25
26
27,
281
ACKNOWLEDG&TNT BY CALIFORNIA COASTAL CONLYIISSION
This is to certify that
is a public agency/private association acceptable to the Executive Director of the California
Coastal Commission to be Grantee under the Offer to Dedicate executed by City of Newport
Beach on , and recorded on
in the office of the Recorder as Instrument Number
in the Official Records of the
Office of the Recorder of Orange County.
Dated:
CALIFORNIA COASTAL COMUSSION
STATE OF CALIFORNIA
COUNTY OF SAM FRANCISCO
On before me,
,a
Notary Public, personally appeared
Personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
VITNESS my hand and official seal.
ignature
C
EXHIBIT F-1
DETAILED INTERIM HABITAT LOSS NUTIGATION PLAN
SAN DIEGO CREEK NORTH
December 1, 1995
Prepared for.
City of Neuport Beacb
3300 Newport Boulevard
Neuport Beacb, CA 92663
Prepared by:
LSA Associates, Inc.
I Park Plaza, Suite 500
Irvine, California 92714
(714) 553-0666
M Project #CVB501
LSA A ciah; fnu
TABLE OF CONTENTS
PAGE
INTRODUCTION .......................................... iv
SECTION 1 - HABITAT RESTORATION PIAN .....................
1-1
INTRODUCTION.....................................1-1
OBJECTIVE ........... ..............................
1-1
SUPERVISION/RESPONSIBILITIES ........................
1.4
PLANT PALETTES....................................1-7
POINTING METHODS ................................
1-11
IRRIGATION.......................................1-17
MAINTENANCE .....................................1.17
PERFORMANCE STANDARDS ..........................1-20
MONITORING.....................................1-21
REMEDIAL MEASURES...............................1-22
SECTION 2 - EXOTIC WEED ERADICATION PLAN ................. 2.1
OBJECTIVE.........................................2.1
SCHEDULE.........................................2-1
METHODS OF REMOVAL .............................. 2-2
METHODS OF REVEGETATION ......................... 2.3
EXHIBITS
A • LETTER FROM CITY OF NEWPORT BEACH
_ 12/0lM(l:,CNB501,UiLMP.PLN) ii
LSA Av fw.; 1.
LIST OF FIGURES
PAGE
1 - Regional Location .................................... 1-2
2 - Project Location and Mitigation Site ...................... 13
3 - Big Canyon Mitigation Area ...................... back pocket
4 - CSS Fuel Modification Cell and Fuel Modification Zone
Design............................................1-5
5 - Cross Section of CSS Fuel Modification Cell ................ 1-6
12/01i95(1:'.CNB501, II LMP.PLN) iii
Lii Associates, Inc
INTRODUCTION
This document constitutes the Detailed Interim Habitat loss Mitigation Plan
(IHLMP) for the construction of a Fletcher Jones Motor Cars (FJMC) automo-
tive dealership in Newport Beach, California. The City of Newport Beach
(City) is the Lead Agency for this project. The purpose of this detailed
IHLMP is to provide a specific plan for the implementation of the biological
measures identified in the Environmental Impact Report (EIR) for the project.
These mitigation measures were developed through consultation with the
U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish
and Game (CDFG), and are designed to mitigate the project specific impacts
to coastal sage scrub (CSS). These measures were further defined and de-
scribed in a letter from the City to the USFWS (dated October 23, 1995), in
conformance with the interim habitat loss provisions of the Natural Commu-
nities Conservation Plan (NCCP) and section 4(d) Special Rule for the Cali-
fornia gnatcttcher. Section 1 - Habitat Restoration Plan provides a specific
plan for implementation of the primary mitigation measure, which is the
replacement/enhancement of a minimum of 3.5 acres of CSS in the Big Can-
yon area, adjacent to Upper Newport Bay. In actuality, 4.5 acres of CSS and
0.2 acre of mulefat will be revegetated. Section 2 - Exotic Weed Eradication
Plan provides direction for a three year exotic weed removal and subsequent
revegetation effort in the lower end of Big Canyon (between Jamboree Road
and Back Bay Drive).
11/29/95(1 \CYB50IV11LNP. P1 V)
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SECTION 1 - HABITAT RESTORATION PLAN
INTRODUCTION
OBJECTIVE
LiA ,+. me
This Habitat Restoration Plan (HRP) provides the direction for the
restoration/enhancement of 4.5 acres with coastal sage scrub (CSS) plant
species and 0.2 acre with mulefat vegetation, as partial fulfillment of a De-
tailed Interim Habitat Loss Mitigation Plan (IHLMp) Implem ment a this
IHLMP is required as mitigation for the proposed impImPresulting from the
construction of a Fletcher Jones Motor Cats MMC) acts automotive dealership,
which is proposing to relocate to the project site from another location in
Newport Beach (see Figures 1 and 2). The proposed new location is within
the northern portion of the parcel known as San Diego Creek North. The
City is responsible for the implementation of this HRP, which is required as
pan of the terms and conditions of the U.S. Fish and Wildlife Service
(USFWS) interim take authorization, pursuant to Section 4(d) of the federal
Endangered Species Act,
The 4.7 acres to be revegetated to CSS are located in the mouth of Big Can-
yon (between Jamboree Road and Back Bay Drive) where it empties into Up-
per Newport Bay, which is the estuary created by San Diego Creek where it
enters the Pacific Ocean, in Newport Beach, California (Figure 2).
This plan calls for the planting of 4.5 acres with CSS species (under three
different conditions) and 0.2 acre with mulefat vegetation within Big Canyon,
as follows (see Figure 3 in back pocket):
Type of Revegetation
Acreage
CSS Habitat
- Restoration
2.9
- Enhancement
0.9
- Fuel Modification Zone
0.7
Mulefat Vegetation
0.2
Total
4.7
Both the restoration and enhancement conditions will be planted with CSS
species that are found in the vicinity of Upper Newport Bay. The difference
between the two conditions is simply that the enhancement areas contain
existing CSS vegetation that will be supplemented, while the restoration
areas contain little or no quality CSS habitat and require complete
conversion. However, due to their proximity to the fuel modification zone
for the nearby apartment complex, portions of both the restoration and the
12101/95 (1: '04-B50 1 'U1L%(F. PL`!)
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Figure 1
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° 1ow 200° Project Location and Mitigation Site
LSA Auoow,4 Inc
enhancement areas will be planted using a "fuel modification cell" technique
(Figures 4 and 5). Ibis technique consists of installing the CSS vegetation in
approximately 40 foot by 80 foot "cells," which will be bordered by dense
rows of plants consisting of those CSS species that are acceptable to the
Newport Beach Fire Department (NBFD) and the Orange County Fire Author-
ity (OCFA) as fuel modification zone species. This configuration will provide
a buffer of fire retardant vegetation between the individual patches of CSS.
These "cells" will be much smaller within the enhancement areas, since there
is less area that requires revegetation among the existing CSS.
The fuel modification zone condition will be revegetated by installing those
CSS species that are accepted as fuel modification zone plants, using spacing
distances between plants that conform to fuel modification zone specifica-
tions (Figure 4). This design will create some CSS habitat value while main-
taining an effective fuel modification zone.
The 0.2 acre of mulefat revegetation will occur within areas currently domi-
nated by pampas grass and other weeds (Figure 3), which will be removed as
described in Section 2.
The location of this 4.7 acres of mitigation area has been selected to enhance
the existing CSS and wetland habitat in the vicinity of Upper Newport Bay,
and has been mutually agreed to by the City, the U.S. Fish and Wildlife Ser-
vice (USFWS), and the California Department of Fish and Game (CDFG). ISA
Associates, Inc. (LSA) has assisted the City in the analysis of project impacts
and development of mitigation measures. This revegetation effort will in-
crease the amount and quality of CSS and wetland habitat in Upper Newport
Bay that can be utilized by the California gnatcatcher and other species that
require these habitats. When combined with the weed eradication described
in Section 2, this will mitigate for the project induced loss of potential breed-
ing habitat for the California gnatcatcher.
Installing cuttings and container plants, and handseeding will be used as
methods of planting. The initial planting, and seeding for mulefat
revegetation, is to be completed during the fall and winter of 1996/97, and
the initial seeding for CSS revegetation and supplemental planting (if neces-
sary) during the fall and winter of 1997/98.
SUPERVISI0N/RESP0NSIBIIJ77ES
Revegetation Specialist
The Revegetation Specialist will have the responsibility of ensuring imple.
mentation of the IHLMP. These duties will include monitoring all site prepa-
ration of the revegetation areas, and overseeing the entire revegetation pro-
cess from seed collection to achievement of performance standards.
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Revegetation Contractors
All Contractors used for the site preparation, installation and maintenance of
these plant communities shall be thoroughly familiar with the type of equip-
ment and materials being utilized and/or installed, and the best methods for
their installation and use. Contractors shall provide at least one English
speaking person, who shall be present at all times during execution of this
portion of work, and shall direct and supervise all work performed as speci-
fied.
Site preparation/Installation Contractor
The Site Preparation/lostallation Contractor will be responsible for all activi-
ties required to prepare the areas for planting and seeding, in addition to the
installation of all plant material. The Site Preparation/installation Contractor
will also be responsible for the maintenance of all revegetation sites for a 12o
day establishment period.
Maintenance Contractor
The Maintenance Contractor will be responsible for maintenance of all reveg-
etation areas, beginning immediately following the initial establishment
period until performance standards are achieved.
PLANT PALETTES
The plant palettes for the CSS restoration and enhancement areas were
selected to replicate as closely as possible the existing adjacent CSS Commu-
nity in Upper Newport Bay. The plant palettes for the fuel modification zone
were developed from the OCFA list of acceptable fuel modification zone
species, to provide a measure of CSS habitat value while at the same time
comprising a buffer strip of fire retardant vegetation between the nearby
apartment complex and adjacent native vegetation.
CSS Container plants
Restoration Areas
The plant list for the container plants to be used in the 2.9 acres of CSS
restoration is as follows:
1129/955 (1ACN8501\ntLNP.PLN)
1-7
L51 Ac nate; Inc
Scientific Name
Common
Name
Plants
Total
Number of
Per Acre
Plants
Ainplex canescens
Fourwing
50
saltbush
145
Artemisia caltjornica
California
235
sagebrush'
680
Heteromeles arbutifolia
Toyon
Rhus integrijolia
Lemonadeberry
5
10
IS
Enogonum fasciculatum
California
100
30
buckwheat'
290
Mimulus aurantiacus
Bush
40
monkey Flower
I ]�
Opuntia litloralis
Coastal
5
prickly pear
15
Bacchans pilulans
Coyote bush'
20z
700
Nassella pulchra
Purple
20
needlegrass'
GO
Sambucus mexicana
Mexican
10
elderberry
30
j Isocoma menziesti
Coastal
30
`--
goldenbush'
8�
Isomens arborea
Bladderpod
20
2502
Encelia calijornica
California
50
145
encelia'
Total Number of Plants
595
2,560
Enhancement Areas
The plant list for the container
plants to be used in the 0.9
acres of CSS
enhancement is as follows:
Plants to be inoculated at the nursery with mycorrhizal fungi.
(Mycorrhizal fungi attach themselves to the roots of a plant and form
a symbiotic relationship that allows the plant to absorb greater
amounts of moisture and nutrients from the soil.)
2 Total number of plants is not representative of numbers of plants per
acre, due to the high density of plants required within the fuel modi-
fication cell borders.
t tR9/95(JACNrt5(l W{LMP.PLN)
]-8
Fuel Sfodification Zone
The plant list for the container plants to be used in the 0,7 acre of fuel modi-
fication zone is as follows:
I Plants to be inoculated at the nursery with mycorrhizal fungi.
(Mycorrhizal fungi attach themselves to the roots of a plant and form
a symbiotic relationship that allows the plant to absorb greater
amounts of moisture and nutrients from the soil.)
2 Total number of plants is not representative of numbers of plants per
acre, due to the high density of plants required within the fuel modi-
fication cell borders.
11 /29/95 (TACNB50 I \[HL%jP. P Un
1-9
LCA Acroclat�; !nc
Scientific Name
Common
Name
Plants
Total
Number of
Atriplex canescens
Per Acre
Plants
Poutwing
50
45
'
saltbush
Artemisia californica
California
sagebrushl
90
80
Rhus integrifolia
Lemonadeberry
Eriogonum fasciculaturn
California
5
5
buckwheat)
60
55
Afimulus aurantiacus
Bush
monkey flower
20
20
Baccharis pilularts
Coyote bush[
Nassella pulclira
Purple
30
1402
needlegrasst
10
]0
Sambucus mexicana
Mexican
elderberry
5
g
fsocoma men_ziesii
Coastal
goldenbushl
]0
]0
fsorneris arborea
Bladderpod
Encelia californica
California
30
402
encelial
30
25
Total Number of Plants
340
435
Fuel Sfodification Zone
The plant list for the container plants to be used in the 0,7 acre of fuel modi-
fication zone is as follows:
I Plants to be inoculated at the nursery with mycorrhizal fungi.
(Mycorrhizal fungi attach themselves to the roots of a plant and form
a symbiotic relationship that allows the plant to absorb greater
amounts of moisture and nutrients from the soil.)
2 Total number of plants is not representative of numbers of plants per
acre, due to the high density of plants required within the fuel modi-
fication cell borders.
11 /29/95 (TACNB50 I \[HL%jP. P Un
1-9
LSA Assn fa(s; 1n,
Mulefat Plant Material
CSS Seeding
Approximately 300 mulefat cuttings will be collected and used to revegetate
0.2 acre of mulefat vegetation.
Restoration and Enhancement Areas
The CSS seed mix for the 3.0 (approximately 0.8 acre of border area will not
be seeded) acres of restoration and enhancement area is as follows:
Scientific Name
Artemisia californica
Isocoma menziesif
Encella californica
Eriogonum
fasciculatum
Gnapbalium
californicum
Mimulus aurantlacus
Plantago ovata
Lupinus succulentus
Lotus scoparius
Sisyrinchium bellum
Nassella pulcbra
Eriopbyllum
confertiflorum
Common Name
California
sagebrush
Coastal goldenbush
California encelia
California
buckwheat
California
everlasting
Bush
monkey Flower
Woolly plantain
Arroyo lupine
Deerweed
Blue-eyed grass
Purple needleglass
Golden yarrow
Lbs.
Total Lbs.
Seed/Acre
Total
Scientific Name
Common
Name
Plants
Number of
2.5
7.5
Per Acre
Plants
Heteromeles arbutfjolia
Toyon
5
Rhus integrifolia
Lemonadeberry
5
5
Baccharis pilularis
Coyote bush'
250
5
175
Isomeris arborea
Bladderpod
100
70
Total Number of Plants
365
255
Mulefat Plant Material
CSS Seeding
Approximately 300 mulefat cuttings will be collected and used to revegetate
0.2 acre of mulefat vegetation.
Restoration and Enhancement Areas
The CSS seed mix for the 3.0 (approximately 0.8 acre of border area will not
be seeded) acres of restoration and enhancement area is as follows:
Scientific Name
Artemisia californica
Isocoma menziesif
Encella californica
Eriogonum
fasciculatum
Gnapbalium
californicum
Mimulus aurantlacus
Plantago ovata
Lupinus succulentus
Lotus scoparius
Sisyrinchium bellum
Nassella pulcbra
Eriopbyllum
confertiflorum
Common Name
California
sagebrush
Coastal goldenbush
California encelia
California
buckwheat
California
everlasting
Bush
monkey Flower
Woolly plantain
Arroyo lupine
Deerweed
Blue-eyed grass
Purple needleglass
Golden yarrow
Lbs.
Total Lbs.
Seed/Acre
Seed
5.0
15.0
1.5
4.5
2.5
7.5
%0
27.0
0.5
1.5
0.5
1.5
5.0
2.0
2.0
1.0
1.5
1.0
15.0
6.0
6.0
3.0
4.5
3.0
1129i95(J.?,GNB501VHLNP.PL4) 1-10
Scientific Name Common Name
Lastbenia californica Coastal goldfields
Total
"4 Ar datl; Inc
Lbs. Total Lbs.
Seed/Acre Seed
2.0 6.0
33.5 100.5
The total amount of seed required for the 3.0 acres of hand seeding is 100.5
pounds. The purity and germination for all of the seed shall meet the "S&S
Guidelines for Seed Specifications," revised 1992.
Fuel Modification Zone
The CSS seed mix for the 0.7 acres of fuel modification zone is as follows:
Lbs. Total Lbs.
Scientific Name Common Name Seed/Acre Seed
Gnaphalium
calt(ornicum
Ltrpinus succulentus
Sisyrincbium bellum
Nassella pulchra
Plantago ovata
Eriopbyllum
conferttt7orum
Laslbenta californica
Total
California
0.5
0.4
everlasting
Arroyo lupine
2.0
1.4
Blue-eyed grass
1.0
0.7
Purple needlegrass
1.5
1.1
Woolly plantain
5.0
3.5
Golden yarrow
1.0
0.7
Coastal goldfields
2.0
1.4
13.0
9.2
The total amount of seed required for the 0.7 acres of hand seeding is 9.2
pounds. The purity and germination for all of the seed shall meet the "S&S
Guidelines for Seed Specifications," revised 1992.
PLANTING METHODS
Sources of Plant MaterialslMethods of Propagation
If possible, all plant materials for the replacement of the CSS and mulefat
shall be obtained from within the vicinity of Upper Newport Bay. For those
species that do not edst in large enough quantities within the upper New-
port Bay area to provide adequate seed for the project, it will be necessary to
use seed collected from other areas within a five mile radius of the restora-
tion site. If necessary, limitations in seed availability will be accommodated
by off-site seed collection, the propagation of some species from cuttings,
and a staggered planting and seeding schedule.
112"55(1ACNB501W1LNP.PLN) 1-11
U4A=ciat•; in,
Provisions will be made with a seed collection contractor as quickly as possi-
ble to ensure that plant and seed materials will be collected from sites as
close to the revegetation area as possible. The required nursery stock (with
the exception of the mulefat cuttings) shall be contract grown, by a coastal
nursery that has experience in growing native plants (e.g., Tree of Life Nurs-
ery or Village Nursery) to ensure that propagules used were collected from
approved sites. The planting stock shall be grown in D-40 or one gallon
containers, and shall be at least four, and preferably six, months of age at the
time of planting. All planting stock will be delivered for planting in a healthy
growing condition, with roots showing no tendency toward being
rootbound.
All cuttings for the mulefat revegetation will be collected on site, as described
below:
• All cuttings shall be collected within 48 hours of the anticipated plant-
ing
lanaing time. Cuttings not planted within 48 hours of collection shall he
discarded.
• Cuttings shall be collected from only healthy, vigorous plants that are
in a dormant state,.
• Cuttings shall not be collected from more than 50 percent of the
plants in a given area, and no more than 50 percent of any given
plant shall be collected.
• Cuttings shall be approximately 18 to 24 inches in length and 0.5 in
diameter.
• The top of each cutting shall be cut square, above a leaf bud, while
the base shall be cut at an angle of approxdmarely 45 degrees, below
a leaf bud.
• All leaves and branches shall be trimmed from the cuttings flush with
the stem.
• The cuttings shall be placed in water, and not allowed to dry until
planting time.
Recommended Planting and Seeding Times
The normal germination period for native vegetation and the best season for
plant root development and establishment in Southern California occurs
during the winter rainy season. For this reason, seeding and planting for
CSS and mulefat revegeuttion should be completed between approximately
October 15 and February 15. However, optimal results will likely be ob-
tained from November and December seedings and plantings, depending on
the timing of seasonal rains. Normally, no revegetation or remedial seeding
1129/95(1:\CVB50111HLNP.PLY) 1-12
LSA Amd41I1, 11,
and planting would occur between February 15 and October 15, because
germination is unlikely to occur and plants will likely die due to a lack of
moisture. Irrigation should not be used to lengthen the planting window. if
anything, the use of irrigation to lengthen the planting season will be detri-
mental by favoring the growth of annual weeds, which will surpass the
growth of the native plants.
Site Preparation Requirements
In order to maximize the probability of successful restoration, each revegetat-
ion area must be as weed free as possible. Consequently, all weeds, grasses
and thatch must be removed from the revegetation areas, and soil compac-
tion (if any) must be eliminated.
Noxious Weed Removal
All noxious weeds, as determined by the Revegetation Specialist, will be treat-
ed with herbicide (see "Herbicide Treatment," below), using either a foliar or
stump application. All vegetative debris resulting from this activity will be
disposed of off site.
Herbicide Treatment
Spraying and/or wick application of herbicide may be employed at the discre-
tion of the Revegetation Specialist to control undesirable species. Only EPA
approved, glyphosate based, systemic herbicides (e.g., Roundup or Rodeo),
may be used in the planting areas; Rodeo must be used when applying herbi-
cide within 100 feet of any natural water course or body of water. For foliar
spray application, Roundup and Rodeo must be applied at a minimum of a
two percent solution, and for foliar wick application a minimum of a 33
percent solution must be used; a 100 percent solution must be used for
stump treatment. No pre -emergent herbicides may be used.
Spraying may be conducted only when weather conditions are conducive to
effective uptake of the herbicide by the targeted species (e.g, sunny, dry, and
when plants are actively growing), and when wind conditions are such that
herbicide drift is non-existent (five mph or less). During herbicide applica-
tion, protection for non -target species (e.g., native vegetation) is required.
Thatch and Weed Removal, and Ripping
Following herbicide treatment, all remaining weeds, grasses and thatch shall
be Rail mowed and vacuumed, or cut with a string trimmer and removed
manually (with the exception of pampas grass, which will be dug out by the
roots). The restoration portions of the site will then be cross -ripped to a
. - 11/29/95(1ACNB501U1MP.PLN) 1-13
rtlt Al dates, f=
depth of 12 to 18 inches with a small bulldozer, in order to turn under and
bury any remaining seed and thatch. In addition to burying the seed and
thatch, ripping the site will alleviate any soil compaction present as a result
of detrimental past usage (past grading activity, recreational usage, etc.).
Soil Amendments
A soil analysis shall be conducted to determine fertility and agricultural suit-
ability of the soil, and to test for salt and boron toxicity. Soil samples shall
be taken prior to site preparation so that alternative mitigation approaches
can be chosen, should boron or salt toxicity be present. Sampling shall be
conducted under the supervision of a Revegemtion Specialist, and shall in-
clude at least one test unit from each surface soil type present on the site. A
composite of at least six samples, from the top six to eight inches of each soil
type, should be collected for analysis. The soil samples shall be analyzed by
a qualified agronomist, who will submit a written report of his
recommendations based on the completed soil testing. If soil treatment is
required, it will be implemented under the direction of a Revegetation Spe-
cialist.
In addition, a vesicular-arbuscular mycorrhizal fungi inoculum (VAM 80) will
be incorporated into the soil of the restoration areas, during ripping, at a
rate of 30 liters per acre. This mycorrhizal fungi is present in native CSS
ecosystems where it attaches to the root of a plant and forms symbiotic rela-
tionship that allows the plant to absorb greater amounts of moisture and
nutrients from the soil. The incorporation of inoculum into the soil (versus
instilling only inoculated container plants) will more quickly establish these
natural mycorrhizal associations and increase the chances for successful plant
establishment.
Fencing and Signage
A heavily used pedestrian path serves as a boundary for one side of the
revegetation areas. In order to avoid any damage from pedestrian traffic, a
six foot high chain link fence will be installed along the edge of the
revegetation areas until the slope adjacent to the path becomes steep enough
to discourage foot traffic. This fencing will remain in place until the desired
habitat is established.
Planting Technique
Container plants and cuttings will be spaced in natural looking patterns to
replicate the character of the adjacent CSS and wetland communities as
closely as possible. If necessary, supplemental plantings will be installed one
year following seeding. Both the initial and supplemental plantings (if need-
11/19/95(1:\CYB501VHLNiP.PLN) 1.14
LLA At eia ; me
ed) shall be set out on the site under the supervision of the Revegetation
Specialist, with consideration given to the microclimate for each plant.
All container plants are to be planted according to the following specifica-
tions:
• All planting holes shall be augured, have vertical sides with rough-
ened surfaces, and be 8 inches wide and 15 inches deep;
• All container plants to be installed in areas that will not be ripped,
shall have all non-native vegetation removed from a 24 inch diameter
area around the planting hole, prior to planting.
• Any roots wrapped around the sides of the container shall be pulled
loose from the rootball and the sides of the rootball shall be scarified
to promote new root development.
• Plants shall be planted with the roots untangled and laid out in the
planting hole to promote good root growth and prevent the plant
from becoming rootbound.
• Roots shall be adequately protected at all times from sun and/or
drying winds.
• The planting hole shall be filled with thoroughly broken up native
topsoil.
• Plants shall be set in the planting hole so that the crown of the root
ball is 0.5 inch above finish grade. The crown of the plant shall not
be depressed.
A watering basin 24 inches in diameter shall be constructed around
each plant.
•
After excavation and before planting, the planting hole shall be filled
approximately half full with water, backfilled with thoroughly broken
up native topsoil, and then completely filled with water to avoid soil
settling.
Mulefat cuttings are to be planted according to the following specifications:
• Prior to planting, a root stimulant shall be applied to the portion of
each cutting that will be buried.
• Half inch rebar shall be driven 18 to 20 inches into the ground and
then removed, to create the planting holes.
1210195(L:.CNB501 •. nnMP.PIJN) 1-15
LSAn ciatli Inc
Each planting hole shall be completely filled with water, and then a
cutting inserted into the planting hole, base first, to a depth of 18 to
20 inches.
The planting hole shall be completely backfilled, and then compacted
to prevent easy removal of the cutting.
Handseeding Tecbnique
IRRIGATION
Seed shall be broadcast by hand, or with a Cyclone seeder or equivalent.
Before broadcasting, the seed shall be mixed with a dispersal agent (rice
hulls, oat bran, etc.) at a 2:1 ratio (dispersal agent to seed) that will aid in
good seed dispersal and coverage. After broadcasting, the seed is to be
lightly raked into the soit (but not covered) with a bamboo landscape rake or
equivalent.
CSS and mulefat revegetation do not require permanent irrigation. Water
needed for cutting and container plant installation and establishment (if
necessary) shall be obtained from a water truck, or other legal means, and
shall be free from impurities, excess chlorine and salts.
JfAGYTENANCE
Maintenance of all plantings shall be the responsibility of the City on a year-
to -year basis until the performance standards are met. Depending on site
conditions, achieving performance standards generally takes three to five
years, but could take longer. In the estimation of the Revegetation Specialist,
maintenance will include any activities required to meet the performance
standards set forth in this plan.
Establisbment Period
The Installation Contractor should be held responsible for the maintenance
of the revegetation areas for a 120 day establishment period, in accordance
with the following specifications. A thorough inspection of the revegetation
areas shall be conducted by the Revegetation Specialist at the end of the 120
day establishment period, and a list of those plants (including cuttings) dead
or missing shall be submitted to the owner at that time. For each dead or
missing plant greater than 15 percent of the total number installed, the
Installation Contractor shall be charged $15.00 per plant and $10.00 per cut-
ting, for the cost associated with replacing the plant material the following
planting season.
IM1/95(I:,CNB50r,. ntL'NP.PLY) 1.16
LSA At loll; me
During the establishment period, normal maintenance shall include the
following:
• Weed control;
• Herbivore control (rodent control fencing, plant cages, etc.);
• Treating any pathological infestations that may occur;
• Repairing areas that are lightly damaged by erosion, by adding Jute
netting, silt fencing, sand bags, etc;
• Supplemental irrigation (if necessary).
Weed Control
For a 120 day period following installation, weeds shall be controlled in
revegetation areas to the extent necessary to prevent detrimental competition
with container plantings for water, nutrients and light. During this time, all
weeds present in the revegetation areas shall be removed before attaining
three inches in height, producing seed, or at ten day intervals, whichever
comes first. In addition, all non-native, invasive weeds (as determined by the
Revegetation Specialist) within a 50 foot wide 'buffer" strip adjacent to the
revegetation areas shall be removed at monthly intervals. All vegetative mate-
rial accumulated as a result of the above activities shall be legally disposed of
off site.
With the exception of those weeds that cannot be eradicated through manual
removal (bermuda grass, cardoon, etc.), all weeds present in the revegetation
areas must be removed manually; no herbicide treatment shall be permitted
without specific, written authorization from the Revegemrion Specialist.
However, certain non-native weed species present in the buffer strip may be
treated with herbicide (see "Herbicide Treatment" above), at the discretion of
the Revegetation Specialist.
Targeted species include, but are not limited to, the following:
•
Mustard (Hirscbjeldia incana and Brassica spp.)
•
Pampas grass (Cortaderia spp.)
•
Bermuda grass (Cynodon daaylon)
•
Hottentot -fig (Carpobrotus edulis)
•
Garland chrysanthemum (Cbrysantbemum coronarium)
•
French broom (Genista monspessulana)
•
Scotch broom (Cytisus scoparius)
•
Eucalyptus (Eucalyptus spp.)
•
Bermuda buttercup (Oxalis pes-caprae)
•
Radish (Rapbanus spp.)
•
Castor bean (Ricinus communis)
•
Russian thistle (Salsola tragus)
•
German ivy (Senecio mikanioides)
•
Pink periwinkle (Vinca major)
•
Gorse (Ulex europaea)
17JO1M(I:,.CNB50111fiLNP.rLN)
1-17
LSA AfSOt19f/S, 1I
• Wild oats (Avena spp.)
• Brome grasses (Bromus spp.)
• Cardoon (Cynara cardunculus)
• Tamarisk (Tamarix spp.)
• Myoporum (M)oporum laetum)
• Tocalote (Centaurea melitensis)
• Yellow star -thistle (Centaurea solstitlalis)
• Poison hemlock (Conium maculatum)
Sweet fennel (Foeniculum vulgare)
Giant reed (Arundo donax)
• Tree tobacco (Nicotlana glauca)
• Pepper trees (Scbinus spp.)
• Ice plant (blesembryantbemum spp.).
Herbivore Control
Local wildlife such as deer, rabbits, pocket gophers and ground squirrels may
be expected to browse on plantings. If the revegetation monitor determines
that the plantings are being jeopardized by wildlife, corrective measures such
as temporary fencing using silt fence or poultry wire, or plant cages (con-
structed from half inch aviary wire), will be installed. In addition, all anti-
herbivory measures will be maintained throughout the establishment period.
Irrigation
Should drought conditions occur, all container plants may require supple-
mental waterings. All irrigation will be implemented at the direction of the
Revegetation Specialist.
Extended Maintenance
Following establishment, it is essential that site maintenance (including
weeding, supplemental irrigation [if necessary] and maintenance of anti-
herbivory measures [if any]) continues to ensure successful plant survival and
community establishment.
The extended maintenance period will begin immediately following the 120
day initial establishment period and continue until performance standards
are met. In general, the required maintenance efforts will be most intense
during the first two years following establishment until the plant community
matures, and will then decrease over time. The revegetation areas shall be
maintained regularly throughout the entire maintenance period, as follows:
Beginning immediately following the 120 day establishment period
and continuing until June 1, 1997, weeding will be performed in
accordance with the specifications applicable to weed control during
12101,95(1: 'C'11150 I, MUAP.PLN) 1-18
rSA Ass dal#; me
the 120 day establishment period. This schedule also applies to the
period between January 1, 1998, and June 1, 1998, during the second
year of maintenance.
For the remainder of the maintenance period, the revegetation areas
shall be weeded on a monthly basis.
The above timetable is approximate, contingent on weather conditions, and
may require minor adjustments as determined by the Revegetation Specialist.
PERFORRIANCE STANDARDS
The goal of this mitigation is to replicate the existing distribution patterns
and relative proportions of key coastal sage scrub and wetland species within
existing high quality habitat in the Upper Newport Bay area. Performance
will be assessed based on the restoration area developing a trend of vegeta-
tion cover diversity and species dominance that is similar to the reference
area habitat. Establishment of habitat after five years, or earlier, will be
considered successful if one or more of the following criteria are met:
1. The percentage of cover and species diversity of the vegetation in the
reestablished habitat shall be equivalent (within ten percent) to the
percentage of cover and species diversity in existing, high quality
habitat (i.e., CSS occupied by nesting California gnatcatchers) in the
Upper Newport Bay area.
2. The CSS habitat supports (for foraging or nesting) California
gnatcatchers.
3. There is mutual agreement by biologists from the U.S. Fish and wild-
life Service (USFWS) and California Department of Fish and Game
(CDFG) that all the revegetation areas are developing into healthy,
functional habitats, and that the CSS revegetation areas provide habi-
tat for the California gnatcatcher.
Progress Toward Performance Standards
During the three years following installation, the following observable fea-
tures may be considered to represent progress toward successful establish.
ment of healthy functional habitat:
Attainment of 60 percent ground cover (75 percent for mulefat vege-
tation) at the end of three years, with species diversity similar to
existing high quality habitat in the Upper Newport Bay area.
Germination and growth of a variety of the seeded plant species (total
area coverage may be somewhat sparse after the first year).
1?Nl/95Q:`.CYB501,.mLNP.PL`!) 1-19
LSA A ciwes, Inc
• Presence of young shoots for seeded species/noticeable growth and
new branching for container plantings.
• Good root development of desired (native) species, which will be
checked by a pull test conducted by the revegetation monitor.
• Expansion of newly established plant community.
• Lack of significant erosion.
• Indications of sustainability (plant regeneration).
• Evidence of resistance to invasion by non-native species (0-25 percent
composition of non -natives)
• Low mortality rate for container plantings (0-20 percent).
The goal of the revegetation program is to make progress toward the enu-
merated performance standards throughout the monitoring period. All
necessary steps will be taken to meet this goal. Specific performance stan-
dards may be waived by the appropriate governmental agencies if monitoring
indicates good growth towards a functional habitat, or if all reasonable cor-
rective actions have been identified and implemented.
I
MONTTORING
i_
In order to assure that the revegetation performance standards are met, the
entire revegetative process, from the collection of seed to a minimum of
three years following the installation, shall be monitored. The Revegetation
Specialist will be an experienced restoration specialist, biologist, native land-
scape horticulturist or other professional qualified to assess the performance
of the revegetation effort and recommend corrective measures, if needed.
The monitoring program will consist of the following:
Overseeing the propagule collection process, including the collecting
and germination testing of the seed.
Initial and remedial planting and seeding operations monitoring as
frequently as twice a week, depending on the conditions.
Initial monitoring (e.g., during plant establishment and at 30 and 90
days after initial planting) to determine success of establishment. A
survey of the site will be performed if it is apparent that survival
and/or gemination is poor and remedial measures are necessary. The
survey will identify the number and species of plants lost and
requiring replacement_
12201M(I:•.CYB50 I nM%iP.PLf) 1-20
LSA AmclnN; Inc
• Monitoring for survival, appearance, and function. Monitoring will
occur on a semiannual basis for three years following establishment
and annually thereafter until the performance standards are met. A
survey of the site to determine plant species composition and per-
centage of cover will be performed at this time. However, the project
shall be considered successful if the performance standards are met
any time prior to the end of the three year period, and no further
monitoring would be required.
Documentation
The first (as -built) report will be prepared 30 days following installation, and
will include the dates of all subsequent reports for the remainder of the
monitoring period. Reports will be prepared annually thereafter, and will
include an evaluation of survivorship, appearance, and development of the
habitat; in addition, any remedial actions that were taken will be thoroughly
documented. Monitoring reports will be submitted to the City, the USFWS,
and the CDFG. Monitoring and reports will include photo documentation
at specified locations. In the reports, the Revegetation Specialist should state
conclusions regarding the success or failure of each revegetation area, includ-
ing specific evidence supporting the conclusions reached.
RENEDfAL MEASURES
The purpose of the remedial measures is to remedy unsuccessful restoration
efforts, as indicated by non-native species or bare ground. Remedial
measures, as identified in the monitoring report, include weed eradication,
replacement of dead or diseased container plantings and/or reseeding in
areas as necessary to meet the performance standards. Such actions will be
taken immediately upon the identification of problems, and will occur as
often as necessary to meet the performance standards. The removal of dead
and/or diseased container plants will be left to the discretion of the
Revegetation Specialist.
12/0IN50:-CNB501•mLHP.WN) 1-21
OBJECTIVE
SCHM ULE
LSA Ao dw s, Ina
SECTION 2 - EXOTIC WEED ERADICATION PIAN
This Exotic Weed Eradication Plan (EWEP) provides direction for a three year
weed removal program and subsequent native revegetation effort, on the City
owned land in the mouth of Big Canyon (between Jamboree Road and Back
Bay Drive), as partial fulfillment of the IHLMP. Upon completion of this pro-
gram, or sooner if agreed to by both agencies, a Conservation Easement over
the City owned portion of Big Canyon will be granted to the CDFG. in
addition, the City has agreed to provide support for the long-term main-
tenance of the area, as described in Exhibit A
The removal of exotic, invasive weeds is an important element of restoration
efforts because they compete with native plants for water, nutrients and light.
if left untreated, these weeds will continue dispersing and eventually de-
crease the habitat value of the adjacent native vegetation. Subsequent to
weed removal, it is equally important to revegetate any bare ground with
native species, to prevent additional weeds from reestablishing in the area.
This EWEP calls for the eradication of all exotic, invasive weed species from
the City owned portion of Big Canyon, including but not limited to the
following:
• Pampas grass (Corfaderia spp.)
• Myoporum (Myoporum spp.)
• Pepper trees (Scbinus spp.)
• Tree tobacco (Vicotlana glauca)
• Ice plant (Mesembryantbemum spp.)
• Castor bean (Ricinus communis)
• Cardoon (Cynara carduncufus)
• Giant reed (Arundo donax)
Tamarisk (Tamarix spp.).
The plan also provides direction for the revegetation (with native species) of
those areas from which weeds are removed.
Eradication efforts during the first year of the program will begin in spring of
1996, and focus on the removal and/or treatment of all individuals included
in the above list, prior to their developing seed. The efforts during the
second and third years, through spring of 1999, will focus on removal and/or
treatment of any individuals missed the first year, and treatment of any
resprouts or seedlings.
a2'01H5 p:•crtasoa I mn.HP.PtN) 2-1
LSA A;wdan; me
METHODS OF REMOVAL
All vegetative debris resulting from weed removal activities will be legally
disposed of off site.
Mechanical Removal
Those large individuals accessible with a back hoe (without damaging native
vegetation) will be dug out by the roots, removing enough of the root system
to prevent resprouting.
Herbicide Treatment
Only Rodeo by Monsanto, a gylphosate based, systemic herbicide, will be
used during this project. Rodeo must be applied at a minimum of a two
percent solution for foliar spray application, and a 100 percent solution must
be used for stump treatment. No pre -emergent herbicides may be used.
Spraying may only be conducted when weather conditions are conducive to
effective uptake of the herbicide by the targeted species (e.g, sunny, dry, and
when plants are actively growing), and when wind conditions are such that
herbicide drift is non-eadstent (five mph or less). During herbicide applica-
tion, protection for non -target species (e.g., native vegetation) is required.
Stump Application
Large woody individuals that cannot be reached with a back hoe will be cut
horizontal, flush with the ground, and the freshly cut stump treated with
herbicide. In addition, small to medium sized woody plants will also be cut
and the stumps treated.
Foliar Application
Small, woody individuals and all herbaceous plants will be treated with a
foliar application of herbicide.
Manual Removal
All plants that are not accessible with a back hoe and cannot be effectively
eradicated with herbicide will be removed manually.
1201M(1:+CNB501,1 iLNP.PLN) 2-2
LSA Acsacia s, Mc
MEMODS OF REVEGETA 77ON
Handseeding (as described below) will be used to revegetate those areas
where large amounts of weed material are removed, leaving bare ground. All
seed will be custom collected from coastal Orange County; and collecting,
seeding and planting techniques will be referenced from those listed in
Section 1 - Habitat Restoration Plan (HRP).
The purpose of this seeding is to reduce the opportunities for reestablish-
ment by weeds. Therefore, there are no specific performance standards or
monitoring requirements for the establishment of this vegetation.
Plant Palettes
Wetland Areas
The following seed mix shall be used to revegetate the more mesic areas that
are left unvegetated after weed removal:
Scientific Name
Common Name
Pounds of
Seed Per Acre
Artemisia douglasiana
Mugwort
3.0
Bromus carinatus
California brome
4.0
grass
Artemisia dracunculus
Tarragon
2.0
Urtica dioica ssp.
Hoary nettle
1.0
holosericea
Leymus comtensatus
Giant wild -rye
2.0
Lasthenia calijomica
Coastal goldfields
2.0
Plantago ovata
Wooly plantain
5.0
Total
19.0
The total amount of seed required for the wetland areas is 19.0 pounds per
acre. The purity and germination of all seed shall meet the "S&S Guidelines
for Seed Specifications," revised 1992.
Upland areas
The upland areas left unvegetated after weed removal will be seeded with
coastal sage scrub species, as follows:
12/0V95(L CNB501,11MMP.PCr) 2-3
tsn nuodw.x 1n
Pounds of
Scientific Name Common Name Seed Per Acre
Artemisia californica
California sage-
5.6
brush'
Eriogonum
California buckwheat'
9.0
fasciculatum
Baccbaris pilularis
Coyote bush
2.5
Leymus condensatus
Giant wild -rye
2.0
Nassella pulebra
Purple needlegtass
1.5
Gnapbalium
California everlasting
0.5
californicum
Lastbenia californica
Coastal goldfields
2.0
Plantago ovata
Wooly plantain
5.0
Total
28.1
The total amount of seed required for the upland areas is 28.1 pounds per
acre. The purity and germination of all seed shall meet the "S&S Guidelines
for Seed Specifications," revised 1992.
' In the event seeding is required within designated fuel modification
zones, these species will not be included in the seed mix.
13/O1M(I: `.CNB50l •.B-ILMPTLN) 2-4
LfA AMdat,4 me
Big Canyon Mirigacion Area
1VOIM(I;,CYB501',UMfP.PIN) 2-5
EXHIBIT A
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714)644-3131
November 2, 1995
Linda Dawes
U.S. Fish and Wildlife Service *REVISED*
2730 Loker Avenue West
Carlsbad, CA 92008
Re: Fletcher Jones' Project
Special Rule 4(d)
Dear Ms. Dawes:
This letter will confirm our agreement regarding the City's
commitment to insure the long term viability of the 4.56 acres of
City -owned property in the mouth of Big Canyon that will be
converted to coastal sage scrub habitat, as well as other habitat,
in the mouth of Big Canyon and other areas of the Upper Newport Bay
Ecological Reserve. The City of Newport Beach will commit to
contribute $1,000 per year in perpetuity
organization committed to ito a volunteer
mprovement of the maintenance and
restoration of upland habitat in and around the Upper Newport Bay
Ecological Reserve. This annual contribution shall be adjusted
annually to reflect any increase in the consumer price index.
In addition to this monetary contribution,
equipment, equthe City will provide
ipment operators and laborers to provide direct
assistance to this volunteer organization during the course of its
restoration and maintenance activities. These commitments are in
addition to the other assurances contained in the October 23, 1995,
letter from Patricia Temple, the Planning Manager of the City of
Newport Beach,
CC: Don Webb
Patricia Temple
Emmet Berkery
wb\dawes.1tt
very truly yours,
Attorney
3300 Newport Boulevard, Newport Beach
EXHIBIT F-2 Page of
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