HomeMy WebLinkAbout24 - Development Agreements 4 - 11(S)
CITY CIF NEWPORT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
53oo NEWPORT BOULEVARD
NEWPORT REACH, CA 92658
(714) 644-5200; FAX (P4) 644-3250
Hearing Date:
Agenda Item No.:
Staff Person:
June 28, 1999
C1 Li
Eugenia Garcia
644 -3208
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Status Report on Development Agreements Nos. 4, 5, 6, 7, 8, 9, 10
and 11
PURPOSE: To conduct an annual review of current Development Agreements to review
the applicants' good faith and substantial compliance with each agreement in
addition to those terms and conditions required of the City of Newport
Beach.
REQUIRED
ACTION: Hold hearing; if desired, determine compliance, modify or terminate:
Development Agreement No. 4
The Irvine Company, Library Exchange Agreement
Development Agreement No. 5
Hoag Memorial Hospital Presbyterian
Development Agreement No. 6
The Irvine Company, Circulation Improvement
and Open Space Agreement
Development Agreement No. 7
Pacific View Memorial Park
Development Agreement No. 8
Ford Motor Land Development Corporation
Development Agreement No. 9
Fletcher Jones Motor Cars
Development Agreement No. 10
Newport Harbor Lutheran Church
Development Agreement No. 11
The Irvine Company and Irvine Community Development Company
Concerning Bonita Canyon
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Background
This report contains the annual performance review of development agreements approved by the
City of Newport Beach. Development Agreements 1, 2, and 3 are not included in this review for
the reasons described below.
Development Agreement No. 1 between the City of Newport Beach and Park Lido, Ltd. was
approved by the City Council (Ordinance No. 83 -7) on January 24, 1983. This agreement required
that Park Lido, Ltd. advance 50% of the cost of the installation of a traffic signal at the intersection
of Hospital Road and Placentia Avenue in exchange for the approval of the development of a
65,269 square foot two-story medical office building located at 351 Hospital Road. The specific
project approved was never pursued and all approvals sunsetted after 24 months. Subsequently, a
second project was approved and constructed without a development agreement. The traffic signal
which was addressed in the original agreement has been installed.
Development Agreement No. 2 between the City of Newport Beach and the Irvine Company was
approved by the City Council on April 22, 1985. This agreement was to allow the construction of
888 residential dwelling units and 50,000 square feet of commercial development in the North Ford
Planned Community, and 295,000 square feet of office development in the Koll Center Newport
Planned Community. This project has been completed and the terms and conditions of
Development Agreement No. 2 have been satisfied.
Development Agreement No. 3 between the City of Newport Beach and the J. M. Peters Co. was
approved by the City Council (Ordinance No. 85 -24) on September 23, 1985. This agreement
established specific development rights and related obligations pursuant to the annexation of the
Bayview site to the City of Newport Beach. This project has been completed and the terms and
conditions of Development Agreement No. 3 have been satisfied.
Discussion
The City of Newport Beach has entered into eight additional development agreements in
conjunction with the approval of several development projects within the City in order to achieve
maximum utilization of resources to the owners, while minimizing the economic cost to the public.
The development agreements represent certain assurances to the owners that they may proceed
with development of certain properties in accordance with existing policies, rules and regulations,
and subject to conditions of approval. In approving these development agreements, the City
provided the opportunities for strengthening the public planning process, encouraging private
participation in comprehensive planning, and reducing the economic costs of development. The
approval process has provided the City with the opportunity to gain from the applicants certain
public benefit improvements such as streets, sewer facility improvements, public facilities, drinking
water, utility facilities and open space.
Individual development agreements specify the duration of the agreement, the duration for the
completion of total build -out, circulation improvements, or dedication of open space. In some
cases, terms of the agreements span a 20 -25 year time frame. The development agreements specify
permitted uses of the properties, density, intensity of use, maximum height and size of proposed •
buildings and provisions for reservation or dedication of land for public purposes, which may also
be included in the respective Planned Community Texts (PC's) for each development. The
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development agreements, in some cases, provide that construction be commenced and completed
within a specified time period or accomplished in phases.
Pursuant to the requirements of Section 15.45.070 of the Municipal Code, Article 2.5, Section
65865.1 of the California Government Code, and stated conditions of each development agreement,
the attached status reports have been prepared for each development agreement between the City
and the above stated applicants. The purpose of this review is to establish the status of each
development agreement and to assess compliance with the terms and conditions that have not been
accomplished since the last annual review. Those terms and conditions that were noted as
completed on the last annual review are not included in this report.
The Development Agreements included in this annual review and their dates of adoption are listed
below:
Development Applicant Date of Adoption
Agreement No.
4 The Irvine Company, Library Exchange 1/13/92, ORD 91 -46
Revised 4/27/92
5 Hoag Memorial Hospital Presbyterian 5/26/92, ORD 92 -3
Amended 2114/94
6 The Irvine Company, Circulation Improvement and 9/14/92, ORD 92 -35,
Open Space Agreement Amended 9/11/95,
ORD 95 -42
7 Pacific View Memorial Park 7/10/95, ORD 95 -26
• 8 Ford Motor Land Development Land Corporation 7/24/95, ORD 95 -27
Amended 7/22/96
9 Fletcher Jones Motor Cars 9/11195, ORD 9543
10 Newport Harbor Lutheran Church 6/23/97; ORD 97 -22
11 The Irvine Company and Irvine Community 11110 /97,ORD 97 -77
Development Company Concerning Bonita Canyon
Conclusion
The decision before the City Council is whether to determine compliance with the terms of
Development Agreements 4,5,6,8,9, 10, and 11, to modify any of the Agreements, or, if there is
not substantial compliance with the terms of an Agreement, to terminate the Development
Agreement. For Development Agreement No 7, direct staff to continue efforts to achieve
compliance with the terms of the Development Agreement:
Submitted by:
PATRICIA L. TEMPLE
Prepared by:
EUGENIA GARCIA
Planning Director Associate Planner
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LIBRARY EXCHANGE
DEVELOPMENT AGREEMENT NO.4 •
Project Status Report
Third Annual Review of the Development Agreement
by and between
The City of Newport Beach
and The Irvine Company
I. Introduction
On January 13, 1992, a Development Agreement between the City of Newport Beach and
The Irvine Company was approved by City Council Ordinance No. 91 -46. The
Development Agreement and the approval of a series of actions allowed the City to
exchange a two -acre library site in the Civic Plaza Planned Community area for a four -
acre site in the Newport Village Planned Community area.
The Exchange Agreement permitted The Irvine Company (TIC) to transfer 150,000
square feet of office entitlement from the Newport Village Planned Community (PC), to
the Civic Plaza Planned Community, Corporate Plaza Planned Community, and
Corporate Plaza West Planned Community. In addition, The Irvine Company received
22,150 square feet of new office entitlement in the Civic Plaza Planned Community.
The approvals included:
(A) General Plan Amendment No. 91 -1(C) to increase the library entitlement from
50,000 to 65,000 square feet in the Newport Village Planned Community with
the acceptance of Environmental Impact Report No. 149;
(B) Local Coastal Program Amendment No. 24 to permit the transfer of 30,000
square feet of office entitlement from the Newport Village Planned Community
to the Corporate Plaza West Planned Community;
(C) Amendment No. 728 to permit the transfer of 85,000 square feet of office
development from the Newport Village Planned Community to the Corporate
Plaza Planned Community;
(D) Amendment No. 729 to add 57,150 square feet of additional office development
to the Civic Plaza Planned Community Development, 35,000 square feet of
which was transferred from the Newport Village Planned Community and
22,150 sq. ft. of which was new development entitlement; and to delete 14,000
sq. ft. of library entitlement, which was transferred to the Newport Village
Planned Community;
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(E) Amendment No. 730 to amend Districting Map No. 48 to reclassify the property
• known as Corporate Plaza West from the Unclassified (U) and Open Space (O-
S) Districts to the Planned Community (P -C) District; and adopt Planned
Community District Regulations and a Development Plan.
(F) Amendment No. 746 amended the Newport Village Planned Community
Development Plan to expand the boundary of the Planned Community to
include the land bounded by Avocado Avenue, San Miguel Drive, MacArthur
Boulevard and San Joaquin Hills Road; revised the land use plan to identify five
statistical development areas which are distributed between two land use
designations of Governmental/Institutional and Open Space, and delete the
multiple family residential and retail designations; added development standards
for the development of a 65,000- square -foot library, a 100,000- square -foot
museum, and 4 -acre public park; and the addition of a General Notes Section;
(G) Traffic Study No. 72, and Resubdivision No. 973 to create three parcels of land,
one parcel for the new library, one parcel for the museum, and one parcel for
open space, was also approved.
Revised Development Agreement No. 4
On April 27, 1992, the City Council adopted Revised Development Agreement No. 4
between The Irvine Company and the City of Newport Beach for the Library Exchange
• Agreement. The changes in the revised Development Agreement modified the original
agreement by incorporating a proposed amendment to the Civic Plaza Planned
Community Development Plan and reversion of the zoning for the Corporate Plaza West
Property to "Open Space" and "Unclassified ". The changes included:
(A) Rescinded Resolution No. 92 -03; which approved LCP Land Use Plan
Amendment No. 24 and increased the allocation of office development in
Corporate Plaza West Planned Community from 115,000 sq. ft. to 145,000 sq.
ft.;
(B) Approved Amendment No. 755 to transfer 30,000 sq. ft. of additional office
development from the Corporate Plaza West Planned Community to the Civic
Plaza Planned Community.
(C) Approved Amendment No. 756 which repealed Ordinance No. 91-47, which
adopted the Corporate Plaza West Planned Community Development Plan, and
amended a portion of the Districting Map No. 48 to reclassify property from
the Planned Community (P -C) District to the Open Space (O -S) and
Unclassified (U) Districts;
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The amended exchange that
involved two of the approved actions, the Local
Coastal
Program Amendment and
the Development Agreement, required approval
by the
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California Coastal Commission before becoming effective. Due to conditions
unacceptable to the City and The Irvine Company, Local Coastal Program Amendment .
No. 24 and the Library Exchange Development Agreement were withdrawn from Coastal
Commission consideration on April 9, 1992. As a result, the City Council approved
revisions to Development Agreement No. 4 and initiated Local Coastal Program
Amendment No. 26, General Plan Amendment 755, and General Plan Amendment No.
756.
II. Purpose
The purpose of Development Agreement No. 4 was to allow the City to exchange a two -
acre existing library site in the Civic Plaza Planned Community for a four -acre site owned
by The Irvine Company in the Newport Village Planned Community. The term of the
Development Agreement is to continue until all permits required for the construction,
occupancy, and operation of the projects have been issued, not to exceed 20 years. The
adoption of Development Agreement No. 4 does not preclude the City of Newport Beach
from conducting future discretionary reviews in connection with the project, in
compliance with the plans, ordinances and policies in effect as of the effective date of the
agreement, nor does it prevent the City from imposing conditions or requirements to
mitigate significant effects identified in such reviews provided that the measures do not
render the project infeasible.
Pursuant to the requirements of Chapter 15.45 of the Municipal Code, a condition of
approval is included in Development Agreement No. 4 requiring the applicant or his .
successor(s) in interest to submit an annual report for review by the City Council
demonstrating compliance with the terms of the Agreement. This project status report is
for the period of January, 1998 to May, 1999. Staff received a status report from The
Irvine Company.
The annual review includes a review of the following: Development Agreement
exchange and obligations; Environmental Document Mitigation Measures, and Traffic
Study No. 72 Conditions of Approval.
The four sites included as part of the Library Exchange Agreement include Civic Plaza
(library and office site), Corporate Plaza, Corporate Plaza West, and Newport Village.
These sites have been developed within this review period and, are therefore, subject to
compliance with all of the above approvals.
Library Site
The library site is located in Newport Village between MacArthur Boulevard and
Avocado Avenue. The current status of the construction of the main library facility is that
library construction has been completed and the library is currently open and operating.
The project has complied with the Mitigation Measures and terms of the Development
Agreement. 0
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Civic Plaza
This site is bounded by San Joaquin Hills Road, San Clemente Drive, Santa Barbara
Drive and the Newport Beach Police Department and Retail Auto Site to the west. The
total site acreage is 26.1 acres and the site is developed with 250,111 sq. ft. of office and
44,000 sq. ft. of museum with 8, 400 sq. of remaining sq. ft. of office entitlement.
Amendment No. 729 of the Library Exchange Agreement added 57,150 sq. of additional
office development and transferred out 14,000 sq. ft. of library entitlement to the Newport
Village Planned Community, for a total of 65,550 sq. ft. of remaining entitlement in Civic
Plaza after the approval of Development Agreement No. 4.
Amendment No. 755 of the Revised Library Exchange Agreement added 30,000 sq. ft. of
additional office entitlement transferred from the Corporate Plaza West Planned
Community for a total remaining entitlement of 95,550 sq. ft.
The site is currently being developed with a 95,550 sq. ft. office building. All fees and/or
appropriate credits have been paid.
Corporate Plaza
Corporate Plaza is located southeast of Newport Center and is bounded by East Coast
• Highway, Avocado Avenue, Farrallon Drive and Newport Center Drive. The total site
acreage is 47.8 acres and is developed with 352,311 sq. ft. of office use, with 18,550 sq.
ft. of remaining office development.
Amendment No. 728 added 85,000 sq. of additional office development, transferred from
the Newport Village Planned Community for a total of 103,550 sq. ft. of remaining
entitlement in Corporate Plaza after the approval of Development Agreement No. 4.
During this review period, two (2) new 40,000 sq. ft. office buildings have been
constructed (24 and 26 Corporate Plaza), for a total of 432,311 sq. ft. of development.
Corporate Plaza West
This site is bounded Newport Center Drive, East Coast Highway, the Balboa Bay Tennis
Club, and the Newport Beach Country Club. The total site acreage is 12.7 acres and the
site is developed with 21,000 sq. ft. of office with 94,000 sq. ft. of remaining office
development at the time of the original Development Agreement approval.
Local Coastal Program Amendment No. 24 of the Library Exchange Agreement added
30,000 sq. of additional office development and increased the allocation of office
development from 115,000 sq. ft. to 145,000 sq. ft. after the approval of Development
Agreement No. 4.
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Local Coastal Program Amendment No. 24 was rescinded by Resolution No. 92 -03 of the
City Council and replaced by Local Coastal Program Amendment No. 26 and .
Amendment No. 755 to increase the allocation of office development in Corporate Plaza
West from 115,000 sq. ft. to 145,000 sq. ft. transferred from the Newport Village Planned
Community, and transferred to the Civic Plaza Planned Community, 30,000 sq. ft. from
the Corporate Plaza Planned Community, for a total of 115,000 sq. ft. of remaining
entitlement in Corporate Plaza West after the approval of Revised Development
Agreement No. 4.
The site is currently being developed with two new office buildings that are 50,000 sq. ft.
each. Building permits were issued on August 14, 1998.
Newport Village
This site is bounded by Avocado Avenue, East Coast Highway, MacArthur Boulevard
and San Joaquin Hills Road. The total site acreage is 33.7 acres and the site was, at the
time of the Library Exchange Agreement's approvals, developed with temporary uses and
a transit facility. There was 150,000 sq. ft. of office entitlement and +100,000 sq. ft. of
museum entitlement.
Amendment No. 746 of the Library Exchange Agreement expanded the boundaries of the
Newport Village Planned Community to include the land bounded by Avocado Avenue,
San Miguel Drive, MacArthur Boulevard, and San Joaquin Hills road; revised the land
use plan so as to identify five statistical development areas which were distributed
between two land use designations of Governmental/Institutional and Open Space, added
development standards for the development of a 65,000 sq. ft. library; a 100,000 sq. ft.
museum and a 4 -acre public park. 115,000 sq. ft. of office development was transferred
out to Corporate Plaza and Corporate Plaza West, and 35,000 sq. ft. of office
development was transferred to Civic Plaza.
On November 9, 1995, the City Council approved General Plan Amendment No. 95 -2
(C), EIR No. 154, Amendment No. 835, Traffic Study No. 101 and Site Plan Review No.
74 to redesignate Area 5 of the site from Governmental, Institutional, and Educational
Facilities (GEIF) to Retail and Service Commercial (RSC) and to increase the entitlement
from 100,000 to 105,000 sq. ft. to allow the development of a commercial retail center.
The primary issue with the proposed project was the loss of the approved site for museum
use. Due to the recent expansion of the Newport Harbor Art Museum into the former
Central Library location in the Civic Plaza Planned Community, the project was
approved.
The site has been developed with a 65,000 sq. ft. library facility, and development has
been completed on the 105,000 sq. ft. retail shopping center known as Corona del Mar
Plaza. All fees and/or appropriate credits have been paid.
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The conditions and mitigation measures that are required per the Development
Agreement are listed below with an explanation as to how the requirements were or are
being met. All numbering is consistent with number sections of the Development
Agreement.
DEVELOPMENT AGREEMENT NO.4
(1) Newport Village Development Approvals
TPO Requirements:
B. (3) Double right turn lane from westbound San Joaquin Hills Road to northbound
MacArthur. Completed.
9. City's Representations and Obligations: - completed.
On -Site and Off -Site Infrastructure Improvements
1. MacArthur Boulevard Improvements. Completed.
2.
3. Avocado Avenue Improvements. Completed.
5. Landscaping Improvements. Completed and maintained by the City.
7. Fair Share Fees. Fair Share fees are applicable to new construction or
additions to existing commercial buildings. All Fair Share Fees have been
paid for each development.
3. Right -of -Way dedication of Avocado Avenue and MacArthur Boulevard.
Completed.
Environmental Document — Traffic and Circulation
1. Newport Center Transportation Management Association participation.
Completed.
2. Transportation Management System Component.
Completed.
Air Quality
4. Secure bicycle facilities shall be incorporated into the project.
Completed.
The Third Annual Review of Development Agreement No. 4 is complete and all
obligations as outlined in the Development Agreement have been complied with, both by
the City of Newport Beach and The Irvine Company. No further review is necessary.
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Notices and staff's report sent to:
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663 -3884
Attention: Homer Bludau, City Manager
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663 -3884
Attention: Robert Burnham, City Attorney
The Irvine Company
550 Newport Center Drive
Newport Beach, California 92660 -0015
Attention: General Counsel
Latham & Watkins
650 Town Center Drive
Costa Mesa, California 92626 -1918
Irvine Pacific
550 Newport Center Drive
Newport Beach, California 92660 -0015
Attention: President
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Civic Plaza
Old Library Site
a
Corporate Plaza West
Adc' 3
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Corporate Plaza 11
Center
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Newport Village
New Library Site
HOAG HOSPITAL
DEVELOPMENT AGREEMENT NO.5
Project Status Report
Fourth Annual Review of the Development Agreement
by and between
The City of Newport Beach
and Hoag Memorial Hospital
I. Introduction
On May 11, 1992, the City of Newport Beach certified Final Environmental Impact
Report No. 142 for the Hoag Hospital Master Plan and adopted a Planned Community
Development Plan and District Regulations for Hoag Hospital.
On May 26, 1992, the City of Newport Beach approved Development Agreement No. 5
between the City and Hoag Memorial Hospital Presbyterian. It was recorded in the
Recorder's office in the County of Orange on August 4, 1993.
On February 14, 1994, the Development Agreement was amended by the City Council to
incorporate revisions requested by the staff of the California Coastal Commission and the
revised Development Agreement was recorded on March 23, 1994. The California
Coastal Commission approved the revised Development Agreement on April 14, 1994,
and amended the Coastal Development Permit on July 21, 1995.
II. Purpose
The purpose of Development Agreement No. 5 is to enable Hoag Hospital to develop the
hospital property consistent with a Master Plan and Planned Community Development
Plan and within the approvals set forth by the Coastal Development Permit issued by the
California Coastal Commission. The future development of the Hoag Hospital property
will allow the hospital to offer additional and needed services for the community by
responding to the ever - changing health and medical care technologies and delivery
systems. The Development Agreement spells out strict, binding limits on the amount and
height of permitted development and insures compliance with conditions related to
density, location, and timing of construction to minimize, to the extent feasible, any
environmental impacts of the proposed expansion.
The Development Agreement includes requirements for dedication of property,
construction of public improvements and/or the installation of landscaping visible to the
public, which, when considered in conjunction with the public services provided by
Hoag, benefit the general public.
Pursuant to the requirements of Chapter 15.45 of the Municipal Code and Section 5 of the
Development Agreement, Hoag Memorial Hospital or its successor(s) in interest is to
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submit an annual report for review by the City Council demonstrating good faith
. substantial compliance with the terms of the Agreement.
Documentation submitted by Hoag Hospital substantiating good faith compliance with
the Development Agreement was submitted to the City on June 25, 1995, for the first
annual review and on May 8, 1996 (as amended on October 2, 1996, at the City's request)
for the second annual review. City staff subsequently requested that the reporting period
for the Development Agreement annual review be changed from April 15 ending date to a
July 1 ending date to correspond with City Council's review of all Development
Agreements with the City of Newport Beach. The attached project status report is for the
third annual review, July 1, 1996 to July 1, 1997.
The third annual review was heard and approved at the City Council Meeting of January
26, 1998. This review was for the period of July 1, 1997 to December 31, 1997. At that
time, the City Council found Hoag Hospital and the City to be in full compliance with the
Development Agreement and Mitigation Measures.
This is the fourth annual review of Development Agreement No. 5 and is for the period of
January 1, 1998 through December 31, 1998.
Hoag Hospital submitted a detailed status report which divides the annual review between
compliance with the requirements of the Development Agreement (public benefits,
• exactions), and compliance with the requirements of the Mitigation Measures.
Since the original approval of the Development Agreement, the following table represents
the projects that have been implemented per the Agreement:
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Cardiac Services Addition and
Completed during the 1995 -1996 annual
Emergency Care Unit Parking Lot/Entry
review period
Reconfiguration Upper Campus)
The Lower Campus Parking Lot — A 346-
Permits issued on Sept. 17, 1996 and
space ancillary parking lot
project completed June 11, 1997.
Flare Relocation/Scrubber Installation
Permits issued January 16, 1998 and
project
completed construction and relocation on
Jul 23, 1998.
Addition to the Central Plant and
Commenced construction on January 2,
emergency enerators
1998 and completed.
Tower Renovation Project
Plans approved by OSHPD, December,
1998
Support Services Building and 368 -space
Permits approved on April 16, 1998. And
Parking Structure
I the project is currently under construction.
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The annual review includes a review of the following: Development Agreement
obligations and Environmental Document Mitigation Measures. .
For this review period, the conditions and mitigation measures that are required per the
Development Agreement are listed below with an explanation as to how the requirements
were or are being met. All numbering is consistent with number sections of the
Development Agreement.
DEVELOPMENT AGREEMENT NO.5
3.2. Compliance with Master Plan Conditions/Mitigation Measures:
Mitigation Measure No. 42
This Mitigation Measure requires that City staff, on an annual basis, send a letter
to each emergency vehicle company serving Hoag Hospital, requesting that they
turn off their sirens upon entering the hospital property. This request is in order to
minimize the noise impacts to adjacent residents. Hoag has provided the City
with a list of emergency vehicle companies, and letters have been sent by staff
to the listed companies. See Table 2 in the Appendix.
8.2 Exactions: Hoag shall, as a condition to the right to develop, do the
following:
(a) Irrevocable Offer to Dedicate and Grade the Proposed Linear and
Consolidated View Park. Completed. .
(b) Public Improvement Funds ($250,000.00). Hoag Hospital is to pay
the amount to the City to fund the following improvements:
(i) The construction of a sidewalk and installation of landscaping
in the CalTrans right -of -way along the west side of Newport
Boulevard southerly of Hospital Road. This amount was paid to
the City by Hoag. The improvements have been completed in
conjunction with the Arches Interchange construction.
(ii) and, if funds remain, the construction of facilities necessary to
bring reclaimed water to West Newport and/or the Property.
This amount has been paid to the City by Hoag Hospital
during the second annual review period. The total amount of
money that was paid by Hoag has been spent on the
construction of sidewalks in conjunction with the Arches
Interchange project. There will not be any remaining funds
available for a reclaimed water project due to the costs of
improvements associated with the Arches Interchange
construction.
(c) Study of possible future improvement in and around the easterly
end of Semeniuk Slough. Completed. •
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• Notices and staff's report sent to:
Hoag Memorial Hospital Presbyterian
301 Newport Boulevard
Newport Beach, CA 92663
Attention: President
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663 -3884
Attention: Homer Bludau, City Manager
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663 -3884
Attention: Robert Burnham, City Attorney
City Clerk
City of Newport Beach
. 3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92663 -3884
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APPENDIX
PROJECT STATUS REPORT
ANNUAL REVIEW OF DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH
AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN
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Project Status Report
January 1, 1998 through December 31, 1998
Annual Review of Development Agreement
between the City of Newport Beach
and Hoag Memorial Hospital Presbyterian
1► :41 •►
On August 4, 1993, the Development Agreement between the City of Newport Beach and
Hoag Memorial Hospital Presbyterian was recorded. On February 14, 1994, the City
Council amended the Development Agreement to incorporate revisions requested by the
staff of the California Coastal Commission, and the revised Development Agreement was
subsequently recorded on March 23, 1994. On April 14, 1994, the California Coastal
Commission approved Hoag Hospital's Development Agreement with the City.
Section 5 of the Development Agreement requires an annual review to be conducted by
the City of the Hospital's good faith substantial compliance with the Development
Agreement. Based on the California Coastal Commission's approval of the Development
Agreement on April 14, 1994, the annual review period was, therefore, initially
established as April 15 of each year following the approval of the Development
Agreement by the California Coastal Commission.
Documentation from Hoag Hospital substantiating good faith compliance with the
Development Agreement has previously been submitted to the City for its Development
Agreement annual reviews as follows:
1. First Annual Review - Compliance documentation for the year April 14,
1994 through April 14, 1995 submitted by Hoag Hospital to the City on
June 25, 1995.
2. Second Annual Review - Compliance documentation for the year April 15,
1995 through April 15, 1996 submitted by Hoag Hospital to the City on
May 8, 1996. At the request of City staff, compliance documentation
subsequently amended to include information for the time period of April
15, 1995 through October 2, 1996.
3. Third Annual Review - Compliance documentation for the year July 1,
1996 through July 1, 1997 submitted by Hoag Hospital to the City on July
8, 1997 (reporting period changed by City staff). At the request of City
staff, compliance documentation was subsequently amended on December
16, 1997, to include information for the time period of July 1, 1997
through December 31, 1997.
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Hoag Development Agreement
Fourth Annual Review
February 3, 1999
SUMMARY OF • DEVELOPMENT AGREEu ► U►l
REVIEWS 1W
The project status report for the first annual review documented Hoag Hospital's
compliance with the Development Agreement as related to three development projects
undertaken during that annual review period: the 5,990- square -foot Cardiac Services
Addition on the Upper Campus, the Emergency Care Unit Parking Lot/Entry
Reconfiguration (also located on the Upper Campus), and the Flare Relocation/Scrubber
Installation project, located on the Lower Campus.
The Cardiac Services Addition and the Emergency Care Unit Parking Lot/Entry
Reconfiguration were completed during the 1995 -1996 annual review period. The plans
for the Flare Relocation/Scrubber Installation project, which were originally approved by
the City on November 4, 1994, were not implemented, based on subsequent
modifications to the project, which are discussed further below.
During the second annual review period, the Lower Campus Parking Lot project was
reviewed for compliance with the Development Agreement. A Coastal Development
Permit for the construction of the 346 -space ancillary parking lot was received on
October 11, 1995. On March 7, 1996, plans for the Lower Campus Parking Lot were
submitted to the City.
The Flare Relocation/Scrubber Installation project plans were revised during the second
annual review period, based on City plan check comments, and the City re- approved the
project on November 15, 1995. However, these plans were not implemented, as the City
and Hoag Hospital initiated legislation to fund the relocation of the flare and to install a
system that would better meet the needs of the West Newport area by more efficiently
extracting methane gas. The legislation was subsequently withdrawn by the City because
the California Department of Transportation (Caltrans) agreed to fund $750,000 for the
Flare Relocation/Scrubber Installation project.
On September 17, 1996, the City issued permits for the construction of the Lower
Campus Parking Lot project. During the bulk of the third annual review period, the
Lower Campus Parking Lot was under construction. The project was constructed and
final City approval was received on June 11, 1997.
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Hoag Development Agreement
Fourth Annual Review
February 3, 1999
On September 9, 1996, the City Council approved a Cooperative Agreement between the
City and Caltrans to formalize funding commitments and fund disbursement
procedures /requirements for the Flare Relocation/Scrubber Installation project. During
the third annual review period, the City and Hoag explored options for the relocation of
the flare and the installation of an upgraded system. On October 23, 1996, the South
Coast Air Quality Management District issued a Permit to Construct the project.
Based on additional revisions to the plans, to include additional monitoring and safety
devices, the plans were resubmitted to the South Coast Air Quality Management District
on June 17, 1997, for a new permit. On September 19, 1997, a Permit to Construct was
issued by the South Coast Air Quality Management District.
Plans for the flare project were also submitted on June 20, 1997, to the California Coastal
Commission for a revision to the existing Coastal Development Permit which allowed
modifications to the existing flare system. On October 27, 1997, the California Coastal
Commission granted an amendment to the Coastal Development Permit for the Flare
Relocation/Scrubber Installation project.
The plans for the Flare Relocation/Scrubber Installation project were submitted to the
City on June 10, 1997. The mitigation measures related to the original flare project were
all completed and approved by City staff in 1994. As part of the upgraded flare project,
the Planning Department reviewed all mitigation measures completed for the
originally- proposed project to determine which measures would be required to be
readdressed as part of the upgraded project. Based on that review, a revised mitigation
monitoring plan was prepared and submitted to the Planning Department for the City's
use in its review of the project plans. The Newport Beach City Council approved the
design and relocation of the methane gas system on December 8, 1997.
During the third annual review period, Hoag Hospital also processed plans for an addition
to its central plant to include emergency generators. The Planning Department
determined that a separate mitigation monitoring plan would not be required for the
generator project, due to the narrow scope of the project. However, the Planning
Department did identify several mitigation measures that were required to be fulfilled.
These mitigation measures were satisfied during the third annual review period.
Construction of the addition to the central plant commenced on January 2, 1998.
KA eILI MEN a 0W.8 I i
This project status report includes a review of projects initiated or in process during the
fourth annual review period of January 1, 1998 through December 31, 1998.
3 1 q
Hoag Development Agreement
Fourth Annual Review
February 3, 1999
The flare system received permits from the City of Newport Beach on January 16, 1998.
Construction commenced on January 27, 1998 and was completed on July 23, 1998.
Also during the fourth annual review period, the City and Hoag Hospital entered into a
Cooperative Agreement to ensure that the funds, which were authorized in 1996, were
received from Caltrans for the Flare Relocation/Scrubber Installation Project.
The Central Plant was under construction during the fourth annual review period. The
project is anticipated to be completed during the first half of the fifth annual review
period.
During the fourth annual review period, Hoag also initiated its Tower Renovation Project,
to adhere to the seismic upgrade requirements of Senate Bill 1953. The Planning
Department determined that a separate mitigation monitoring plan would not be required
for the Tower Renovation Project, as the majority of the work related to the project is
internal to the existing tower. At the end of the fourth annual review period, plans had
been approved by the Office of State Health Planning and Development (OSHPD).
Construction is anticipated to commence during the first quarter of the fifth annual review
period.
Finally, in 1998, plans for the 87,556 - square -foot Support Services Building and its
associated 368 -space parking structure were reviewed by the City. A mitigation
monitoring program was prepared, and all applicable measures were approved by City
staff as part of its building permit review process. A Coastal Development Permit for the
Support Services Building was received from the California Coastal Commission on
March 3, 1998. Grading and building permits from the City of Newport Beach for the
Support Services Building were received on April 16, 1998, and contruction commenced
on April 20, 1998. During construction, minor modifications to the project's building
permit were approved by the City, which resulted in a 3,578 - square -foot increase in the
project (for a total of 91,134 square feet). At the end of the fourth annual review period,
construction activities related to the Support Services Building were ongoing.
As part of the approval of the Development Agreement by the City, and its subsequent
approval by the California Coastal Commission, the City was required to formally adopt
a mitigation monitoring plan. On June 13, 1994, the City adopted the Hoag Hospital
Master Plan Mitigation Monitoring Plan. Section 5.4 of the Development Agreement
requires that the annual review include a detailed report of compliance with the
mitigation measures identified in the mitigation monitoring plan. The mitigation annual
review is included as the Appendix to the project status report.
4 ?6
. Hoag Memorial Hospital Presbyterian
Development Agreement Mitigation Annual Review
January 1, 1998 through December 31, 1998
On May 11, 1992, the City of Newport Beach certified Final Environmental Impact
Report No. 142 for the Hoag Hospital Master Plan, and adopted a Planned Community
Development Plan and District Regulations for the implementation of the Master Plan.
At the same time, the City entered into a Development Agreement with Hoag Hospital.
The Development Agreement was subsequently amended to incorporate changes
requested by the California Coastal Commission in conjunction with its review of a mass
grading permit application by Hoag Hospital.
Section 5 of the Development Agreement requires that the City conduct an annual review
of the Development Agreement in order to evaluate Hoag Hospital's good faith
substantial compliance with the Development Agreement. As part of that annual review,
a review of compliance with the mitigation monitoring plan (adopted by the City on June
13, 1994) for Hoag Hospital is also required. Specifically, Section 5.4 of the
Development Agreement states:
Mitigation Review: The annual review shall include a detailed report of
compliance with the various conditions and mitigation measures contained
within the mitigation monitoring plan. The report shall include an analysis
of the view impacts of buildings constructed in comparison to the
anticipated views as depicted in the EIR. For the five year monitoring
period imposed by the Department of Fish and Game Streambed
Alteration Agreement entered into between the Department of Fish and
Game and Hoag, the annual review shall also assess the success of any
off -site wetlands mitigation. Five years after the completion of the
Department of Fish and Game monitoring period, Hoag shall submit a
final report assessing the success of the off -site wetlands mitigation in its
annual review. If the survival and cover requirements set forth in the
Streambed Alteration Agreement have not been met, Hoag shall be
responsible for replacement planting to achieve these requirements. Hoag
shall be found in compliance with this Agreement unless the City Council
determines, based upon the evidence presented at the Annual Review, that
Hoag has not complied with all mitigation measures and conditions
including those imposed as a result of subsequent environmental analysis,
applicable to the grading of, or building on, the Property as of the date of
the Annual Review.
a1
Hoag Development Agreement
Mitigation Annual Review
February 3, 1999
This document is being submitted in compliance with the Development Agreement •
requirement stated above for the year January 1, 1998 through December 31, 1998.
There are three categories of mitigation measures included in the adopted mitigation
monitoring program - measures that need to be complied with only once, measures that
relate to individual development projects undertaken by Hoag Hospital, and mitigation
measures which are required to be implemented on an ongoing basis and documented
annually. The "Hoag Hospital Development Agreement Mitigation Annual Review"
(Table 1) summarizes, in matrix format, the applicability of all mitigation measures to
each of the three categories of mitigation measures. During annual review periods when
mitigation monitoring plans completed for specific projects are being reviewed by the
City, the "project- specific mitigation measures" are further broken down to include these
individual projects.
Also, as stated above, Section 5.4 requires that for the "...five year monitoring period
imposed by the Department of Fish and Game Streambed Alteration Agreement entered
into between the Department of Fish and Game and Hoag, the annual review shall also
assess the success of any off -site wetlands mitigation." The second year of the five year
monitoring period for the off -site wetlands occurred during the fourth annual review .
period for the Development Agreement.
On January 22, 1997, the first annual report for wetlands mitigation was submitted to the
reviewing agencies. Both the Department of Fish and Game and the United States Army
Corps of Engineers require that the annual report be submitted on January of each year
subsequent to the initiation of the mitigation project. Since the planting was not
completed until May of 1996, the first annual monitoring report documented seven, rather
than twelve, months of plant growth.
The field measurements undertaken as part of the first annual monitoring report found
that while "...the project has not yet reached its twelfth month, the transect data shows
that the first -year 30- percent cover standard has been satisfied: native plant species cover
30.77 percent of the non -open water portions of the project site." The second annual
monitoring report also found that performance standards had been exceeded. It found
that while the project "...had not yet reached its 24th month, the field data indicates that
the second -year 50- percent cover standard has been satisfied: native plant species cover
67 percent of the non -open water portions of the project site."
For the current annual review period (with results documented in the thrid annual
monitoring report), performance standards were also exceeded. The third annual
monitoring report concluded that while the project "...has not yet reached its third year, •
2 �oi
Hoag Development Agreement
Mitigation Annual Review
February 3, 1999
. the field data indicates that the fifth -year final success standard of 80- percent cover has
been satisfied: native plant species cover 91.2 percent of the non -open water portions of
the project site."
Project - specific mitigation measures relate to individual projects processed under the
Master Plan. These measures may be applicable to only one specific project, or they may
be applicable to more than one project. The Support Services Building was the only
project processed for mitigation compliance during the fourth annual review period.
The Support Services Building was reviewed by the City of Newport Beach during the
fourth annual review period, and permits from both the California Coastal Commission
and the City of Newport Beach for construction of the 91,134 - square -foot Support
Services Building and its associated 368 -space parking structure were received. Table 1,
"Hoag Hospital Development Agreement Mitigation Annual Review," identifies the
mitigation measures that were applicable to the Support Services Building. City staff
determined that all applicable mitigation measures were fulfilled as part of its plan review
process.
As part of the Mitigation Monitoring Program adopted for the Hoag Master Plan by the
City of Newport Beach on June 13, 1994, several mitigation measures were required to be
implemented on an on -going basis and to be monitored for compliance on an annual
basis. These mitigation measures and a summary of the compliance with these measures
is provided below:
* Mitigation Measure #11 requires routine vacuuming of parking lots /structures.
All parking lots /structures are cleaned/swept by Hoag Hospital on a weekly basis.
* Mitigation Measure #15 requires that master plan development comply with the
Hospital's Hazardous Material and Waste Management Program and its Infectious
Control Manual. The Infectious Control Manual and Hazardous Material and Waste
Management Program are routinely amended to address various facets of the
operation of the Hospital. However, no amendments were required of the
above- referenced documents and no new protocols were adopted in order to
respond to concerns related to hazardous materials, waste management and/or
infectious control as a result of projects requiring adherence to adopted mitigation
measures and processed during the fourth annual review period.
3 �5
Hoag Development Agreement
Mitigation Annual Review
February 3, 1999
* Mitigation Measure #28 requires adherence to South Coast Air Quality •
Management District (SCAQMD) regulations that pertain to trip reductions. On
January 15, 1997, Hoag Hospital submitted its Triennial Employee Commute
Reduction Program to SCAQMD. This document specifies Hoag's
policies/programs that are designed to reduce vehicle trips. Hoag continued its
compliance with the Triennial Employee Commute Reduction Program during the
fourth annual review period.
* Mitigation Measure 431 requires adherence to measures that were a part of
Hoag's pilot program to monitor and manage use of the Upper and Lower Campus
service roads during non - working hours. Since 1991, Hoag has been implementing
measures to reduce usage of West Hoag Road during non - working hours. These
measures include signage controls, annual letters to vendors defining when West
Hoag Road can be used, and an annual note in the Hoag Times, the newsletter for
Hoag Hospital employees. These measures were again implemented for the fourth
Development Agreement annual review period.
In order to monitor traffic volumes on West Hoag Road, Hoag has been taking
periodic traffic counts. Updated traffic counts were last taken in June 1995. Prior
to the implementation of the pilot program, traffic volumes (taken from 9:00 p.m.
to 5:00 a.m.) ranged from 124 -159 trips (over a three -day period). Since the
implementation of the pilot program in 1991, traffic volumes have dramatically •
reduced, with 1995 counts averaging 21 trips per day over a three -day period.
Traffic volumes will be taken again by Hoag Hospital during 1999, to ensure that
the pilot program remains effective as the Lower Campus is developed.
* Mitigation Measure ure #35 requires that Hoag provide new employees information
on rideshare services and programs. It also requires that new employees be
included in updates to the trip reduction plan (the Triennial Employee Commute
Reduction Program) for the SCAQMD. Hoag continues to provide all new
employees rideshare service/program information, and new employees were
included in the January 15, 1997, update to the Hoag Hospital Triennial Employee
Commute Reduction Program, with which Hoag Hospital continues to comply.
* Mitigation Measure 942 requires that the City of Newport Beach send a letter to
each emergency vehicle company serving Hoag requesting that they turn off their
sirens upon entering Hospital property in order to minimize noise impacts to
adjacent residents. Hoag is required to provide the City with a list of all emergency
vehicle companies serving Hoag Hospital. Table 2, "Emergency Units Responding
to Hoag Hospital ", provides a current list of those companies.
* Mitigation Measure #84 requires that Hoag continue compliance with its
Hazardous Material and Waste Management Program and its Infectious Control •
4 � 4
Hoag Development Agreement
Mitigation Annual Review
February 3, 1999
Manual. As stated under Mitigation Measure 915, above, Hoag continues to
comply with the above - referenced documents, as well as continues to comply with
all new regulations that have been adopted since the Hoag Master Plan Final
Environmental Impact Report was certified.
* Mitigation Measure #117 requires that the usage of the Hospital's
heliport/helipad be limited to emergency medical purposes or the transportation of
critically ill patients in immediate need of medical care not available at Hoag.
Further, this mitigation measure requires that, to the extent feasible, helicopters
shall arrive at, and depart from, the helipad from the northeast, to mitigate noise
impacts on adjacent residences. Hoag continues to comply with Mitigation
Measure # 117.
* Mitigation Measure #119 requires that non - vehicular activities, such as the
operation of the trash compactor, which occur in the vicinity of West Hoag Road
shall be operated only between the hours of 7:00 a.m. and 7:00 p.m., daily. Hoag
continues to comply with Mitigation Measure #119.
sV 9i .n. ._� - V .� u
Some of the mitigation measures required as part of the mitigation monitoring program
for the Hoag Hospital Master Plan are specialized studies or clearances from the City and
other governmental agencies that may or may not be related to a specific building or
building site. Although these mitigation measures are required to be satisfied only once
to fulfill the requirements of mitigation monitoring program, some of the one -time
measures may be required to be implemented as part of a specific project(s). Further, the
documentation prepared to fulfill these one -time mitigation measures may be amended
from time to time, as warranted by project site conditions or proposed development
projects.
Table 1, "Hoag Hospital Development Agreement Mitigation Annual Review," identifies
the status of all one -time compliance mitigation measures. The majority of these
one -time compliance mitigation measures were completed during the first and second
annual review periods. During the third annual review period, no additional one -time
mitigation measures were completed. The mitigation measures that require on -time
compliance that were completed during the fourth annual review period are highlighted
on Table 1.
The mitigation measures completed during the fourth annual review period were
completed in conjunction with the Flare Relocation/Scrubber Installation project and
include the following:
5 25
Hoag Development Agreement
Mitigation Annual Review
February 3, 1999
Mitigation Measure # 57 - This mitigation measure required a study that is
characterized the wells, the influent gas and the effluent of the flare.
2. Mitigation Measure # 58 - This mitigation measure required that a
scrubber system be installed as part of the Flare Relocation/Scrubber
Installation project.
3. Mitigation Measure # 60 - This mitigation measure required that an
automatic re -light system be installed in the flare system.
4. Mitigation Measure # 61 - This mitigation measure required continuous
hydrogen sulfide monitoring equipment be installed in the vicinity of the
flare.
5. Mitigation Measure # 75 - This mitigation measure required the removal
of the previously - existing flare system.
6. Mitigation Measure # 76 - This mitigation measure required that plans be
submitted for the installation of a scrubber system.
7. Mitigation Measures # 78/80 - These mitigation measure required that
plans for the Flare Relocation/Scrubber Installation project include a •
calibration and maintenance plan for all equipment, as well as automatic
shutdown devices and flame arresters.
8. Mitigation Measure # 79 - This mitigation measure required that plans be
submitted to the City demonstrating that the previously- existing flare
system be shut down.
0
6 '?(Q
E
Table 1
HOAG HOSPITAL DEVELOPMENT AGREEMENT
MITIGATION ANNUAL REVIEW
January 1, 1998 through December 31, 1998
7 COMPLETE X
13 X X
23 COMPLETE
25 X
a�
Table 1, Continued
HOAG HOSPITAL DEVELOPMENT AGREEMENT
MITIGATION ANNUAL REVIEW
January 1, 1998 through December 31, 1998
. 04101 . Moil • 11 . -
41 COMPLETE
5u CUMFLh1h
51 COMPLETE
52 U0NVLh1'h
53 COMPLETE X
56
COMPLETE
57
COMPLETE
58
COMPLETE
6U COMPLETE
61 COMPLETE •
a
is
0
Table 1, Continued
HOAG HOSPITAL DEVELOPMENT AGREEMENT
MITIGATION ANNUAL REVIEW
January 1, 1998 through December 31, 1998
62 COMPLETE X
65 COMPLETE
66 X X
75 COMPLETE
76 COMPLETE
78 COMPLETE
79 COMPLETE
80 COMPLETE
90 COMPLETE
RE
Table 1, Continued
HOAG HOSPITAL DEVELOPMENT AGREEMENT
MITIGATION ANNUAL REVIEW
January 1, 1998 through December 31, 1998
113 COMPLETE
114 C(.)MFLbl'h
115 COMPLETE
116 CUM111-blE
123 COMPLETE
36
0
0
9
Table 2*
• EMERGENCY UNITS RESPONDING TO HOAG HOSPITAL
February 1999
Newport Beach Fire Department Santa Ana Fire Department
NM -2 SAM -4
475 32nd Street 1427 South Broadway
Newport Beach, CA 92660 Santa Ana, CA 92707
31
Newport Beach Fire Department
Huntington Ambulance Service
NM -3
P.O. Box 145
868 Santa Barbara Avenue
Sunset Beach, CA 90742
Newport Beach, CA 92660
AMR Ambulance Company
Costa Mesa Fire Department
1890 S. Betmor Lane
MM 81
Anaheim, CA 92805
2803 Royal Palm
Costa Mesa, CA 92626
Schaefer Ambulance Company
2215 South Bristol
Costa Mesa Fire Department
Santa Ana, CA 92704
.
MM 82
800 Baker Street
Doctor's Ambulance Company
Costa Mesa, CA 92626
23095 Terra Drive
Laguna Hills, CA 92653
Costa Mesa Fire Department
MM 83
Medix Ambulance Company
1865 Park Avenue
26021 Pala
Costa Mesa, CA 92627
Mission Viejo, CA 92691
Costa Mesa Fire Department
Careline Ambulance Company
MM 84
P.O. Box 70014
2300 Placentia
Anaheim, CA 92825
Costa Mesa, CA 92626
Mercy Air Ambulance
Costa Mesa Fire Department
8190 Mango
MM 85
P.O. Box 2532
Civic Center Station
Fontana, CA 92334 -2532
2450 Vanguard Way
Costa Mesa, CA 92626
* The emergency units provided in Table 2 frequent Hoag Hospital on a regular basis.
Additional emergency service units
also serve Hoag Hospital on a less frequent basis.
31
Table 2, Continued
EMERGENCY UNITS RESPONDING TO HOAG HOSPITAL
Orange County Fire Department
ORCO 1 -4
2 California
Irvine, CA 92715
Laguna Beach Fire Department
LM -1
501 Forest Avenue
Laguna Beach, CA 92651
Laguna Beach Fire Department
LM -2
285 Agate Street
Laguna Beach, CA 92651
February 1999
Search and Rescue (SAR)
MCAS
El Toro Air Force Base
Santa Ana, CA 92709 -5020
Newport Beach Police Department
P.O. Box 7000
Newport Beach, CA 92660
Costa Mesa Police Department
99 Fair Drive
P. O. Box 1200
Costa Mesa, CA 92626
* The emergency units provided in Table 2 frequent Hoag Hospital on a regular basis.
Additional emergency service units also serve Hoag Hospital on a less frequent basis.
P
0
•
CIOSA AGREEMENT
. DEVELOPMENT AGREEMENT NO.6
Project Status Report
Third Annual Review of the Development Agreement
between the City of Newport Beach and
The Irvine Company Involving the Proposed Circulation
Improvement and Open Space Agreement
I. Introduction
On September 14, 1992, the City Council adopted Ordinance No. 92 -35 adopting
Development Agreement No. 6, through which the City of Newport Beach and The Irvine
Company entered into the Circulation Improvement and Open Space Agreement
( CIOSA), which involves twelve parcels owned by The Irvine Company within the City
of Newport Beach. Of the twelve, nine are within the coastal zone boundary. The nine
parcels are known as San Diego Creek South, San Diego Creek North,
Jamboree/MacArthur, Upper Castaways, Bay View Landing, Newporter North, Newport
Knoll, Newporter Resort and Corporate Plaza West. Seven of the nine parcels are
adjacent to Upper Newport Bay.
The CIOSA was authorized pursuant to Government Code Section 65867 and Chapter
• 15.45 of the Newport Beach Municipal Code. The agreement was recorded as Document
No. 93- 0479122 of the Official Records of Orange County, California.
Pursuant to California Government Code Section 65869, a development agreement is not
valid for a development project located in an area for which a local coastal program is
required to be prepared and certified unless the Commission approves such development
agreement by formal commission action. Since the Development Agreement involves
nine sites in the coastal zone, the City of Newport Beach and The Irvine Company
submitted the development agreement to the California Coastal Commission for their
approval.
The Coastal Commission identified a number of issue areas which needed resolution
prior to approval. In an attempt to resolve these issues, The Irvine Company prepared an
addendum to the CIOSA development agreement in order to clarify the authorities of the
City and Coastal Commission and resolve the concerns of the Coastal Commission.
On May 24, 1993, the City Council adopted Ordinance 93 -8 amending the Development
Agreement and on June 10, 1993, the California Coastal Commission gave final approval
to the Circulation Improvement and Open Space Agreement ( CIOSA). The agreement
was then executed and recorded. In December of 1993, the City Council formed an ad
hoc committee to develop an implementation strategy for CIOSA. As a result of the
•
33
committee's suggestion, a CIOSA Implementation District was approved by the City
Council on April 25, 1994. •
The first review of this Development Agreement occurred on October 28, 1996. At that
time, the City Council continued this item to its meeting of November 12, 1996, in order
to obtain additional information regarding the open space areas to be dedicated to the City
and clarification on the timing of those dedications.
On November 12, 1996, the City Council found that The Irvine Company was in
compliance with the terms of the Development Agreement, subject to the receipt of
additional dedication by November 19, 1996. Subsequently, The Irvine Company
provided a written formal offer of dedication for open space for three of the remaining
CIOSA sites as required. (See Table of Open Space Dedications attached at the end of
this report).
The second annual review of this Development Agreement occurred on January 26, 1998
and was continued, pending the provision of additional compliance information.
On February 23, 1998, the City Council found that The Irvine Company was in
compliance with the terms of the Development Agreement.
II. Purpose
The City of Newport Beach and The Irvine Company negotiated a Development .
Agreement pertaining to twelve parcels in the City. The agreement resulted in building
entitlements for The Irvine Company, in exchange for which the City of Newport Beach
received pre - payment of required "fair- share" road improvement fees, a commitment to
construct road improvements adjacent to the proposed projects, and an interest free loan.
These benefits total approximately 20 million dollars.
Further public benefit arising from the Development Agreement provides for more public
open space than what was currently required in the City's Land Use Element for the
subject parcels. The Land Use Element designates 67 acres of open space at the sites. As
a result of the amendment to Development Agreement No. 6 and the approval of the
Fletcher Jones auto dealership, the open space being dedicated decreased by 8.6 acres.
However, the Development Agreement still requires the preservation or dedication of
land for park and open space purposes to a greater extent, and more rapidly, than required
by the City's Park Dedication Ordinance or the Recreation and Open Space Element.
This represents at least 76.17 acres more land than would be required under the City's
General Plan, and Park Dedication Ordinance.
The Irvine Company entitlements provided by the development agreement are to be
effectuated through Planned Community District Regulations (PC Texts). The PC texts
are incorporated into Development Agreement No. 6. A separate PC text has been
3q
developed for nine of the subject sites. The PC texts include the amount, location and
. intensity of use allowed at the respective sites.
Pursuant to the requirements of Chapter 15.45 of the Municipal Code, the applicant or his
successor(s) in interest are required to submit an annual report for review by the City
Council demonstrating compliance with the terms of the Agreement. All numbering is
consistent with number sections of the Development Agreement. This review period is
from January, 1998, to December, 1998.
Staff received a status report from The Irvine Company, addressing compliance with the
Development Agreement.
CURRENT DEVELOPMENT STATUS
San Diego Creek South - The site is located on the easterly side of Jamboree Road
between San Diego Creek and University Drive. The site is designated for "Multi- Family
Residential' land use in both the General Plan and the Local Coastal Program. A 300 unit
apartment complex known as The Baypoint Apartments are located on this site.
San Diego Creek North - The site is located on the easterly side of Jamboree Road
between San Diego Creek and the Corona Del Mar Freeway corridor. This site is
designated for Retail and Service Commercial use and the Fletcher Jones Mercedes Benz
Dealership is located on this site and opened in September, 1997. The Bayview Way
extension has been completed by the City. The auto dealership occupies 9.63 acres of the
total 14.7 acres. The balance of the San Diego Creek North site is occupied by the San
Diego Creek Salt Water Marsh and residual open space. The Salt Water Marsh was a
required mitigation site for the San Joaquin Hills Transportation Corridor. Construction
(including planting and temporary irrigation) of the Salt Water Marsh is complete, and
the maintenance and monitoring period is in progress. The residual open space consists
of an undisturbed fresh water marsh and some graded areas adjacent to the San Joaquin
Hills Transportation Corridor.
Jamboree/MacArthur - Open Space, no change.
Upper Castaways - The site is located on the bay side of Dover Drive at 16th Street and
Dover Drive. The site is designated for residential land use in the Upper Castaways
Planned Community District Regulations, the General Plan, and the Local Coastal
Program. Entitlement for the Upper Castaways is approved for 151 dwelling units, with
119 single family dwellings actually constructed. There are no future plans for additional
dwelling units on this site. The Bob Henry Park has been completed and dedicated to the
City. A passive View Park and bluff top trail, which provide both public and private
open space has been completed.
Bavview Landing - No construction to date.
`.J
35
Newporter North - The site is located westerly of Jamboree Road at San Joaquin Hills
Road. The site is designated for residential land use in the Newporter North Planned
Community District Regulations, the General Plan, and the Local Coastal Program.
Entitlement for the Newporter North site is approved for 212 dwelling units, with 149
actually constructed. The project is referred to as the "Harbor Cove" development. There
are no plans to construct additional homes on this site.
Block 800 - The site is located on San Clemente Drive in Newport Center, across from
the former City library site and The Newport Harbor Art Museum. Across Santa Maria is
the Pacific Mutual office building and related parking. The site is designated for "Multi -
Family Residential' uses and is part of the Block 800 Planned Community. The site is
constructed with 245 dwelling units, a guardhouse, clubhouse and subterranean parking
garages. The project is referred to as "The Colony Apartments."
Corporate Plaza West — The site is currently being developed with two 50,000 square
foot office buildings.
Freeway Reservation - The South area has been developed with 12 new single family
dwellings located in the Harbor View Hills Planned Community. The new development is
completed. The proposed 36 units planned for the North site located at Ford Road and
MacArthur Boulevard will not be constructed pursuant to an agreement between the City
and The Irvine Company regarding the annexation of the Bonita Canyon area. This site
was dedicated to the City for Open Space as part of the Bonita Village annexation. •
Newporter Knoll - Open space mitigation activities in progress.
Newporter Resort - no construction to date.
Newport Village - General Plan Amendment No. 97 -3 was initiated by the City Council
on October 27, 1997 to amend the Land Use Element of the General Plan to redesignate
the site at the southeast corner of San Miguel Road and Avocado Avenue (north of the
Newport Beach Central Library) from "Administrative, Professional and Financial
Commercial" to "Multi- Family Residential," and establish a development allocation of
310 dwelling units. This request was made to establish a site appropriate for the
construction of an affordable senior citizen housing project which would satisfy the
affordable housing requirements of The Irvine Company (CIOSA obligation) and the
Ford Motor Land Development Company. However, the project is not being pursued.
The Irvine Company dedicated the 11 acre parcel to the City pursuant to the provisions of
CIOSA. The City has not recorded the Resolution pending the completion by The Irvine
Company, of a maintenance program for the site.
3(1
0
L
DEVELOPMENT AGREEMENT NO. 6
' Readdressed in the Bonita Canyon annexation and Development Agreement No. 11
31
...
.....
#
PROPERTY
ENTITLEMENT
CURRENT
DEVELOP-
OPEN
DEVELOPMENT
MENT
SPACE
ACRES
ACRESTO
BE DEDI-
CATED
I
San Diego Creek
Residential-300 D.U.
Residential-300
18.4
2.4
South
D.U.
2.
San Diego Creek
Retail and Service
Retail and Service
9.6
-0-
North
Commercial
Commercial
3.
Jamboree/MacArthur
Open Space
Open Space
-0-
4.7
4.
Upper Castaways
Residential-151 D.U.
Residential -119
26.0
30.6
D.U.
5.
Bayview Landing
Restaurant 10,000
Vacant
5.0
11.1
S.Ror Health Club-
40,000 S.F. or Senior
Res. -120 D.U. and
View Park
16.
New porter North
Residential-212 D.U.
Residential-149 S.F.
30.0
47.2
7.
Block 800
Residential-245 D.U.
Residential-245
6.4
-0-
D.U.
8.
Corporate Plaza West
Office-100,000 S.F.
Office-100,000 S.F.
9.0
-0-
9.
Freeway Reservation
North area
Residential-36 D.U.'
Residential-36 D.U.
7.5
17.3
South area
Residential-12 D.U.
Residential-12 D.U.
3.5
-0-
10.
New porter Knoll
Open Space
Open Space
-0-
12.0
11.
Newporter Resort
Hotel-Add'l- 68 rooms
Hotel-Add'l- 68
onsite
-0-
rooms
12.
Newport Village
Open Space
Open Space
-0-
12.8
(from Library to San
Miguel)
TOTAL
115.4
138.1
' Readdressed in the Bonita Canyon annexation and Development Agreement No. 11
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STATUS OF DEVELOPMENT AGREEMENT
Circulation Improvement and Open Space Agreement Frontage Improvements:
Frontage Improvements to be Constructed or Bonded for with Project
Development.
San Diego Creek South
Jamboree Road/University Drive frontage and intersection improvements.
Completed
San Diego Creek North
Bayview Way extension.
Completed
Jamboree/MacArthur
No change required.
Upper Castaways
Provide R.W. and grade for ultimate width of Dover along property frontage.
Completed.
Newporter North
Construct frontage improvements along Jamboree at access to property.
Completed.
Block 800
Install traffic signal at Santa Cruz /San Clemente intersection.
Completed.
Corporate Plaza West
Completed.
Freeway Reservation
Construct 1/2 section of MacArthur to ultimate width along frontage of developed portion
of property.
Completed.
Other Proiects
A. Construct 1/2 section of MacArthur to ultimate width along frontage of The Irvine
Company owned property at Newport Village.
Completed.
0
qt)
B. Construction of 1/2 section of MacArthur to ultimate width along frontage of Big
Canyon Area 16. •
Completed.
2. Circulation Improvement Funding
2.1 Fair Share Fees
Paid.
2.2 Frontage Improvements. Completed.
A. Completion/Bonding
B. Dedication
C. Acceleration of MacArthur Boulevard Right of Way Dedication.
Completed.
2.3 MacArthur Boulevard Improvements Northerly of Ford Road
Complete.
2.4 Company Advance
The City created the CIOSA Financing District in order to fund the
Advance. Pursuant to that, two in a series of bonds were issued to
fund the improvements on the developed properties. Future bonds
may be issued, although the City has not requested an additional issue
to date.
3. Terms and Conditions of the Advance.
The Irvine Company has complied with the terms of the Advance.
5. Open Space and Public Facility Dedications
5.1 Dedication of open space /public facilities. The Irvine Company has
complied with the required dedications to date.
5.2 Dedications. The Irvine Company has complied with the required
dedications to date.
5.3 Mouth of Big Canyon. No compliance issues.
6.3 Mello Roos Community Facilities District. CIOSA Financing District
established in place of the above.
q1
0
FINDINGS AND CONDITIONS FOR APPROVAL
• FOR CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
ENVIRONMENTAL IMPACT REPORT NO. 148
DEVELOPMENT AGREEMENT NO. 6
TRAFFIC STUDY NO. 82
AMENDMENT NO. 763
AMENDMENT NO. 764
AMENDMENT NO. 765
AMENDMENT NO. 766
AMENDMENT NO. 767
AMENDMENT NO. 768
AMENDMENT NO. 769
AMENDMENT NO.770
Mitigation Measures
Aesthetics/Light and Glare
1. Temporary and final grading /landscape plans for the bluff top setback area for the
purpose of minimizing bluff erosion:
Upper Castaways
Completed. The City has accepted the public trail along the bluff and both the
• inactive and active parks, but has not accepted the bike trail due to final
improvements.
Newporter North
Completed.
Freeway Reservation -South Area
Completed.
Transportation/Circulation
2. Circulation improvement monitoring program to direct expenditures of funds
received under the Development Agreement to make improvements and to
monitor the status of those improvements. Annual review of the improvements
priority and implementation status.
San Diego Creek South
Completed.
San Diego Creek North
Completed.
y;Z
Upper Castaways
Dover Drive frontage improvements between Castaways Lane (formerly 16'h Street) .
to Westcliff have been completed and are pending acceptance by the City.
Newporter North
Street improvements have been completed and are pending acceptance by the City.
Block 800
Completed.
Corporate Plaza West
Completed.
Freeway Reservation
Completed.
3. Construct or post bond for all frontage improvements identified in the
Development Agreement:
San Diego Creek South
Completed.
Unger Castaways •
Improvements have been completed and the park parcel has been accepted by the
City.
Newporter North
Improvements have been completed and pending acceptance by the City.
Block 800
Completed.
Corporate Plaza West
Completed.
Freeway Reservation
Street improvements are under construction.
Other Projects A & B
N/A
Air Ouality
4. Grading in accordance with SCAQMD Rule 403.
5 -6. Fugitive Dust Control.
N3
E
San Diego Creek South
• Completed.
Upper Castaways
Measure being complied with during grading activities.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Completed.
Freeway Reservation
Completed.
7. Corporate Plaza West and Bay View Landing- No development has been
proposed on the Bay View Landing site. Centerride participation will
commence upon the completion of construction of Corporate Plaza West.
8. Bicycle racks. Applicable to new non - residential development projects.
9. Bus turnouts and shelters on frontage improvements.
• San Diego Creek South
Completed.
Upper Castaway
Completed.
Newporter North
None required.
Block 800
None required.
Corporate Plaza West
Completed.
10. Energy Conserving street and security lighting (in parking lots and pedestrian
walkway areas).
San Diego Creek South
Completed.
q `%
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Under construction.
Freeway Reservation
Completed.
11. Landscape Plans- emphasis on drought resistant plant species.
San Diego Creek South
Completed.
Upper Castaways
Completed.
Newporter North
Completed. Pending acceptance by the City.
Block 800
Completed.
Corporate Plaza West
Under construction.
Freeway Reservation
Completed.
Noise
12 -13. A -D. Sound attenuation, interior and exterior. Prior to the issuance of grading and
building permits, an acoustical report is to be submitted to the City, incorporating
noise standards as specified in the agreement.
San Diego Creek South
Completed.
y5
•
0
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Pending completion.
Corporate Plaza West
Under construction.
Freeway Reservation
Completed.
14. Freestanding acoustical barriers to be a berm, wall or combination berm and wall.
San Diego Creek South
Completed.
Upper Castaways
Completed.
. Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Under construction.
Freeway Reservation
Completed.
Biological Resources
15. Streambed habitats and alterations. Pursuant to Section 1601 -1603 of the State of
California Fish and Game Code, the California Department of Fish and Game
shall be notified of any alterations to streambed habitats and such notification to
be provided to the City.
San Diego Creek South
Completed.
�J
zG
Unger Castaways
Completed. .
Newporter North
Approval letter received from Department of Fish and Game. Trails pending
acceptance by the City due to pending completion of improvements.
City responsibilities related to public improvements (e.g. trails, recreational facilities,
roads, drainage facilities, etc.) in areas designated for open space, public facility, and/or
parks which would alter streambed habitats. City to notify Department of Fish and Game.
San Diego Creek South
Completed.
Upper Castaways
N/A
Newporter North
Completed.
16. Wetland delineation studies in accordance with California Department of Fish and
Game and U.S. Army Corps of Engineers permitting processes to be provided to
the City.
San Diego Creek South
Wetland delineation studies completed by LSA and approved by the Department of
Fish and Game. No grading is planned in area delineated as wetlands.
Upper Castaways
Wetland delineation completed by John M. Tettemer and Associates and approved
by State Department of Fish and Game. Written notification provided to the City.
Completed.
Newporter North
Wetland delineation completed by John M. Tettemer and Associates and approved
by State Department of Fish and Game. Written notification provided to the City.
Completed.
City responsibilities related to public improvements (e.g. trails, recreational facilities,
roads, drainage facilities, etc) in areas designated for open space, public facility, and/or
parks which will encroach into wetlands. City to conduct studies and notify the DFG and
USACE.
San Diego Creek South
N /A. No public use and related facilities designated for this site.
y1
Upper Castaways
N/A
Newporter North
Trails are designated along bluff top bordering the upper wetlands and have been
completed. Acceptance by the City pending completion of public improvements.
17. City responsibility: Public use and related facility development for areas
proposed for natural open space and passive park uses, plans prepared to include
design sensitive to biological resources.
Upper Castaways
For the passive park, there was no impact to previously identified sensitive
resources (wetlands, coastal sage scrub).
Newporter North
Coastal sage scrub revegetation submitted by LSA and approved by Department of
Fish and Game. The Bluffside pedestrian path has been completed.
18. Grading, earthmoving, and any related construction activities related to residential
development.
Upper Castaways: Restricted to no grading (except that necessary for trail establishment
and improvements, erosion control or bluff stabilization), stockpiling of soil or operation
of equipment shall take place within the bluff top setback area established by the Bluff
Top setback Ordinance.
Completed.
San Diego Creek South
Completed.
Newporter North
Completed.
19. Public facility construction; freshwater marsh.
San Diego Creek North
N/A
20. Residential development which will encroach into the on -site freshwater marsh;
offset plan.
Upper Castaways
10 Completed.
Zg
21. Residential development which will encroach into the on -site freshwater marsh;
offset plan.
Newporter North
Completed.
22. Light and Glare Reduction Plan
San Diego Creek South
Completed.
23. Fencing of wetlands habitat areas.
San Diego Creek South
Completed.
San Diego Creek North
Completed.
Upper Castaways
N/A
Newporter North •
Completed.
24. Revegetation plan.
San Diego Creek South
Completed.
Upper Castaways
Revegetation completed and growth is being monitored.
Newporter North
Completed.
Newporter Knoll
Completed.
San Diego Creek North
Completed.
25. Gnatcatcher season.
10
0
Newporter North
• Completed.
Earth Resources - Faulting and Seismicitv
26. Ground Response Spectrum Study. Buildings 4- stories in height or higher.
Block 800
Completed.
Corporate Plaza West
N/A
27. Seismic Requirements - Buildings less than four stories in height.
San Diego Creek South
Completed.
Upper Castaways
Completed.
Newporter Nort h
. Completed.
Freeway Reservation
Completed.
Corporate Plaza West
Under construction.
28. Bluff tops and slopes- seismic failure studies.
San Diego Creek South
N/A
Upper Castaways
Completed.
Newporter North
N/A
Freeway Reservation
N/A
0
Liquifaction
30. Geotechnical Report.
San Diego Creek South
Completed.
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Completed.
Freeway Reservation
Completed.
Erosion .
31. Sheet Flow runoff- catchment devices.
32. Fill slopes replanted with vegetation
33. Berms, brow ditches, top -o -slope soil berms
34. Reduction of surface erosion - use of artificial substances until permanent
landscaping is well established.
San Diego Creek South
Completed.
Upper Castaways
Included on grading plan and continuing through construction.
Newporter North
Erosion control plan incorporated in grading plan and continues in place until
vegetation is well established.
Block 800
Completed.
Corporate Plaza West
Included on grading plan and continuing through construction.
51
u
• Freeway Reservation
Included on grading plan and continues in place until vegetation is well established.
35. Drainage control devices of surface and subsurface water over or toward the
bluffs.
Upper Castaways
Completed.
Newporter North
Completed.
Bluff and Slope Instability
36. Report addressing all salient geotechnical issues related to bluff and slope
stability.
Upper Castaways
Completed.
Newoorter North
Completed.
Block 800
Completed.
Corporate Plaza West
N/A
Freeway Reservation
Completed.
37. Recommendations for manufactured slope stabilization.
38. Bluff top setback recommendations.
39. Slope stability mitigation recommendations.
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
• Completed.
5a
Freeway Reservation
Geotechnical report recommendations included in grading permit.
40. As- Graded Geotechnical map summarizing and documenting compliance with all
mitigation measures.
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Included in grading plans.
Freeway Reservation
Included in grading plans.
Compressible /Collapsible Soil •
41. Recommendations for the mitigation of compressible/collapsible soil potential.
42. Recommendations for mitigation of expansive and corrosive soil potential.
43. Reports addressing all salient geotechnical issues, including groundwater.
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Completed, addressed in soils report and grading plans.
Freeway Reservation
Included in geotechnical reports and grading plans.
53
Water Resources/Water Ouality
44. Haul Route Plans - watering and sweeping program.
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Completed.
Freeway Reservation
Included in grading plans.
45. Erosion Control Methods a -d.
Upper Castaways
Ongoing monitoring.
Newporter Nort h
Completed.
Block 800
Completed.
Corporate Plaza West
Completed, included in grading plans.
Freeway Reservation
Completed
46. Diversion of Stormwater Plan.
Upper Castaways
Included in erosion control plan.
Newporter North
Included in erosion control plan.
5q
Block 800
Completed.
Corporate Plaza West
Completed, included in grading plan and in SWPPP
Freeway Reservation
Completed.
4748. Temporary gravel entrance.
Upper Castaways
N/A
Newporter North
N/A
Block 800
N/A
Corporate Plaza West
Completed.
Freeway Reservation
Completed.
49. Temporary sediment basin.
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Completed.
Freeway Reservation
Completed.
55
Drainage Patterns
0 50. Master plans of water, sewer and storm drain facilities.
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Completed.
Freeway Reservation
Completed.
Cultural Resources /Archaeology
51 -53. Council Policy K -5.
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Con) orate Plaza West
Completed.
Freeway Reservation
Completed.
54. Upper Castaways- Cultural Resources compliance.
Completed.
55 -57. Bay View Landing
No construction to date.
0
5('?
58 -61. Newporter North -CA -Ora -51 and CA -Ora -518 compliance.
Completed.
62. Newporter Knoll
No construction to date.
63. Block 800 -CA- Ora -136 compliance.
Completed.
Corporate Plaza West
Pending final report.
64 -65. Corporate Plaza West
Final report pending.
66. Freeway Reservation -CA- Ora -216 compliance.
Completed.
Paleontology
67 -70. Collection Plan for fossil localities.
Newporter North
Completed. •
Upper Castaways
Completed.
Law Enforcement
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Pending
Freeway Reservation
Completed.
57
0
Water
! 72 -73. Inclusion in Master Plan of Utilities.
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Completed.
Freeway Reservation
Completed.
74. Waste Disposal.
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Included with grading plan.
Freeway Reservation
Completed.
75. CC & R's
Upper Castaways
Completed.
Newporter North
Completed.
0
wall
Block 800
N/A
CgWorate Plaza West
Completed.
Freeway Reservation
Completed.
76. Catch Basins - Stenciling
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
N/A
Freeway Reservation
Completed.
77. Brochures
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Pending.
Freeway Reservation
Completed
59
0
78. Coastal Sage Scrub Habitat
Upper Castaways
Completed.
Newporter Nort h
Completed.
Block 800
Completed.
Corporate Plaza West
N/A
Freeway Reservation
Completed
79. Environmental Impacts — Pre - school
Upper Castaways
Completed.
• 80. Design Issues
Upper Castaways
Completed.
81. Public Facility or Recreational Facility
San Diego Creek North
Completed.
82. Parcel Map
San Diego Creek South
Completed.
83. Revegetation Replace Program
Upper Castaways
Completed.
Newporter North
Completed.
A.
Block 800
N/A
Corporate Plaza West
N/A
Freeway Reservation
Completed
San Diego Creek North
Completed.
TRAFFIC STUDY NO. 82 - CONDITIONS
1. Monies provided by The Irvine Company for circulation system improvements
San Diego Creek North
Completed.
Jamboree/MacArthur
No construction to date.
Upper Castaways
Completed. .
Bavview Landing
No construction to date.
Newporter North
Completed.
Block 800
Completed.
Corporate Plaza West
Under construction.
Freeway Reservation
Under construction.
Newporter Knoll
No construction to date.
Newporter Resort
No construction to date. .
Newport Village
Completed.
•
M
Notices and staff s report to be sent to: .
The Irvine Company
550 Newport Center Drive
Newport Beach, CA 92660 -0015
Attention: General Counsel
Latham & Watkins
650 Town Center Drive
Costa Mesa, CA 92626 -1918
Attention: Robert K. Break
The Irvine Company
Carol Hoffman, Vice President of Entitlement
and Community Relations
550 Newport Center Drive, 8th Floor
Newport Beach, CA 92660
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attention: Homer Bludau, City Manager
City of Newport Beach City Clerk
3300 Newport Boulevard City of Newport Beach
Post Office Box 1768 P.O. Box 1768
Newport Beach, California 92663 -3884 Newport Beach, CA 92663
Attention: Robert Burnham, City Attorney -3884
(o3
PACIFIC VIEW
. DEVELOPMENT AGREEMENT NO.7
Project Status Report
Third Annual Review of the Development Agreement
between the City of Newport Beach
and Pacific View Memorial Park
I. Introduction
On October 13, 1995, the Development Agreement between the City of Newport Beach and
Pacific View Memorial Park was recorded. As specified by the Development Agreement
(Section 2.12), the "effective date" of the Development Agreement refers to the date of the
Adopting Ordinance. On July 10, 1995, the City Council adopted Ordinance No. 95 -26
approving this Agreement and authorizing the City to enter into this Agreement. The adopting
Ordinance became effective on August 9, 1995.
As part of the City Council's approval of General Plan Amendment No. 94 -1(F), Development
Agreement No. 7, Site Plan Review No. 69, and Use Permit No. 3518 on June 12, 1995, the
project is subject to compliance with numerous conditions and mitigation measures which are
designed to mitigate to less - than - significant- levels or eliminate development that may result in a
negative impact on the surrounding vicinity.
• II. Purpose
The purpose of the Development Agreement is to enable Pacific View Memorial Park to update
its master plan for the build -out of the property with additional facilities, consistent with the
currently anticipated internment and funeral service needs of the community, while minimizing
the impact of the build -out on the adjoining residences.
To accomplish this purpose, the agreement establishes strict binding limits on the amount,
height, and location of permitted development, as well as a requirement to insure compliance
with numerous conditions on the timing of construction, the design of structures, and landscaping
of the property. Future development of the cemetery is subject to substantial conformance with
the approved Technical Site Plan.
Pursuant to Chapter 15.45 of the Municipal Code, Section 65865.1 of the Government Code,
State of California, and Section 6 of the Development Agreement, an annual review is to be
conducted by the City of Newport Beach in order for Pacific View Memorial Park to demonstrate
good faith substantial compliance with the terms of the Development Agreement. If, as a result of
such periodic review, the City finds and determines, on the basis of substantial evidence, that
Pacific View Memorial Park has not complied in good faith with terms or conditions of the
agreement, the City may terminate or modify the agreement. This project status report is for the
(0
review period of January 1, 1998 to December 31, 1998. A status report was provided to the City
by Pacific View Memorial Park. •
Staff has submitted the following compliance report for Development Agreement No. 7 and finds
that Area 8 is currently not in compliance with Section 4.6. The Development Agreement states
that:
Within six (6) months of the Effective Date, Pacific View shall plant twenty -six (26)
fifteen - gallon trees within Area 8 (as shown on Exhibit C and D) designated on Exhibit C hereto.
Pacific View shall not commence the construction of any Community Mausolea in Building Site
H prior to four (4) years after the planting of such trees; provided, however, that Pacific View
may elect to commence construction sooner than four (4) years by increasing the box size of such
trees or replacing such trees with larger box sizes as follows:
Less than 3 years = 36" box
Less than 2 years = 48" box
Less than 1 year = 60" box
Within six (6) months of the Effective Date of this Agreement, Pacific View shall also plant five
(5) twenty four inch box trees along the northeasterly boundary of Building Site d as shown on
the Preliminary Landscape Plan.
In the annual review for the year 1997, Pacific View reported that twenty —six (26) 15 gallon trees
were planted within Area 8 prior to February 7, 1996. Technical Site Plan, Exhibit D, depicts the
Building Site H, where the trees were to be located in close proximity to the existing stand of
trees in Area 8. Also shown on Exhibit D, adjacent to Building Site D is the area depicting five
(5) large trees (24 inch boxed) to be installed. Staff has visited the site on several occasions and
photographed Area 8. The subject trees do not appear to have been installed. The purpose of
installing the trees was for screening of the newly completed Family Mausolea and gardens in
area D. Additionally, the purpose in installing the required trees in Area 8, was to insure that at
the time Building Site H in Area 8 was to be constructed, that mature trees would be in place and
would screen the building from the view of the residential neighbors.
Staff feels that an attempt has been made by Pacific View in 1997 and possibly 1998 to plant
trees in this area, as staff has photographs taken during this time. It appears that the trees were
not either properly taken care of or not irrigated, as the pictures taken by staff indicate that many
of the planted trees did not survive. Further, if the required trees had been installed, it is possible
that mature trees would be in place at this time.
The annual review includes a review of the following: Development Agreement Conditions and
Stipulations, the Mitigation Monitoring Plan and the Restrictive Covenant governing the buffer
area. All numbering is consistent with number sections of the Development Agreement. The
conditions and mitigation measures that are required per the Development Agreement are listed
below with an explanation detailing how the requirements were or are being met.
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Development Agreement No. 7
Current Status
During this review period, the landscape construction project for Building Site D was completed.
This area consists of landscape and garden walls.
DEVELOPMENT AGREEMENT NO.7
3.1 Negative Declaration Mitigation Measures
1. Buffer Area R auirements:
a. Provision of landscape buffer. The buffer area landscaping and grading is
complete within the time frames required.
b. Covenant and Agreement: Completed. Buffer area being maintained.
1. Slopes behind Building Sites E, D, F, G and H:
The buffer area landscaping and grading is complete within the required
time frames.
c. Buffer Area Landscaping and Irrigation System. Completed.
d. Installation of Landscaping and Irrigation System. Completed.
e. Slopes
1. Slope behind Building Site G, see Exhibit E.
Completed.
2. Slope behind Building Site "E" adjacent to Lots 6, 7 and 8, see Exhibit "F."
• Completed.
3. Slopes behind Building Site "H," see Exhibit "F."
Completed.
3.6 Maintenance of Undeveloped Areas
Pacific View has continued to maintain the undeveloped areas on a twice yearly
basis. Occasionally calls are received from adjacent residents on specific issues. The
concerns are immediately addressed by Pacific View.
3.10 Drilling and Engraving
To our knowledge, no complaints have been received by Pacific View on the drilling
and engraving of crypt markers.
3.2 Use Permit No. 3518 Conditions of Approval
3.2.1. Family Mausolea permitted in Building Site "F." Completed.
3.2.b Family Mausolea and Columbaria — Site "D ". Completed.
3.2.c Family Mausolea and Columbaria — Site "G ". Completed.
3.2.d. Garden of Valor Screening. Completed.
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3.3 Entitlement Allowed and Remaining:
Administration Building
Community Mausoleum
Family Mausoleum
3.2.8 Temporary Sales Offices- Completed.
Total
Built
Allowed
Remaining
1998
30,000 s.f.
10,317 s.f.
-0-
121,000 s.f.
102,164 s.f.
-0 -.
12,000 s.f. 11,800 s.f. -0-
4.0 Public Benefit Conditions
4.4. Increased Screening of Sunset Court: The following items were completed by
November 8, 1995, per the Development Agreement:
a. Installation of shrubs on the existing slopes. Thirty (30) 15- gallon shrubs
were added to slopes behind Sunset Court.
4.5 Phasing
b. Trees in court yard. Ten (10) 36 -inch box trees were added to the court yard
at Sunset Court.
c. Roof enhancements. Colored rock as well as paint were added to the
existing mausoleum roof. Adjacent homeowners selected the rock color.
a. Minimum of 30 months between phases and 9 months maximum to complete -
No new community mausolea can be constructed in Building Sites E, G,
and H, until 30 months from December 5, 1997, due to the completion of
the Sunset Court addition.
4.6 Buffer Zone Grading and Landscaping.
a. Pacific View has completed all buffer zone grading, landscape and
I
rrigation.
b. Within 6 months of Effective Date, Pacific View shall plant twenty-six (26)
fifteen gallon trees in Area 8. Twenty six (26) 15 gallon trees were planted
within Area 8 per the Development Agreement prior to February 7, 1996.
Currently, Area 8 is absent the required trees.
c. Within 6 months of Effective Date, Pacific View shall plant five (5) twenty -four
inch box trees along the northeasterly boundary of Building Site D. Five (5)
24" box trees were planted along building Site "D" per the Development
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Agreement by February 7, 1996. Currently, this area is absent the
required trees.
4.7 Off -site Landscaping
a. Reimbursement of costs for purchasing and planting within the common
homeowner's association landscape area along the southeast boundary of
Building Site E. Completed.
4.9 430' Covenant
Completed.
4.10 Ground Burial
a. Building Site E. Building Site E remains undeveloped and is not anticipated
for cemetery development in 1999.
b. Other Building Sites. Pacific View is in full compliance with the provisions
of this section.
c. Ground Burial Outside of Building Sites.
(1) Developed Areas (1 -10). Pacific View is in full compliance with this
section. The remainder of Area 10 that was not developed in 1996, was
developed into lawn area in early 1997.
(2) Undeveloped Areas (Area 11). This area remains in an undeveloped
condition. Development is not anticipated in 1999.
W.
Notices to be sent to:
Mr. Michael Green
Clark and Green Associates
150 Paularino Avenue
Suite 160
Costa Mesa, CA 92626
Pacific View Memorial Park
3500 Pacific View Drive
Newport Beach, CA 92663
Attention: President
Allan J. Abshez, Esq.
Irell & Manella
1880 Avenue of the Stars,
Suite 900
Los Angeles, CA 90067 -4276
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attention: Homer Bludau, City Manager
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attention: Robert Burnham, City Attorney
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•
FORD/LORAL
• DEVELOPMENT AGREEMENT NO.8
Project Status Report
Third Annual Review of the Development Agreement
between The City of Newport Beach
and Ford Motor Land Development Corporation
I. Introduction
On July 24, 1995, the City Council adopted Ordinance No. 95 -27, approving Development
Agreement No. 8 for the Ford Land Development Project to redesignate the former Ford
Aeronutronic/Loral property from an industrial site to a residential site for a maximum of 500
single - family attached or detached dwelling units.
A provision of that Agreement required Ford Land to participate in a "Task Team" to identify,
evaluate and implement one or more affordable housing projects to satisfy Ford Land's
affordable housing requirement. The Task Team was subsequently established by resolution of
the City Council on August 28, 1995.
Subsequent to the approval of Development Agreement No. 8 and related approvals, Ford Motor
Land Development identified the builder /developer for the project, Pacific Bay Homes, who
. began discussions with City staff on changes to the original project approval. The new plan
consisting of all detached, single family dwellings, resulted in an amendment to the Development
Agreement and Planned Community District Regulations. Minor changes to the Development
Agreement were necessary to incorporate language recognizing the proposed changes to the
Planned Community Development Plan.
On July 22, 1996, the City Council approved an amendment to Development Agreement No. 8 to
revise and refine the definitions and development standards for Planning Area 4 (Ford Land
Development). The revisions included a reduction in the permitted number of dwelling units
from 500 to 450 and the provision of development standards for detached single - family
development.
On August 8, 1996, the Planning Commission approved Tentative Tract Map No. 15332, a
subdivision of a parcel of land into 404 numbered lots, 50 lettered lots, and a parcel for roadway
dedication in conjunction with the residential development of the Ford Aeronutronic property.
II. Purpose
The purpose of Development Agreement No. 8 is to provide for an orderly transition of the land
use on the Ford/Loral site from commercial/industrial uses to less intense residential use. The
Development Agreement establishes the parameters of development of the site addressing any
10
significant adverse impacts on the environment and provides for greater certainty that the
development will provide the City with the projected substantial economic benefit. 0
In addition, Development Agreement No. 8 provides public benefits to the City with financial
assistance from Ford in resolving traffic circulation issues in the Eastbluff community, financing
by Ford of extraordinary environmental monitoring of site remediation, and assurances by Ford
for funding and/or the provision of affordable housing units within the City.
Pursuant to the requirements of Chapter 15.45 of the Municipal Code, a condition of approval is
included in Development Agreement No. 8 requiring the applicant to submit to an annual review
of the terms of the Development Agreement by the City Council which demonstrates compliance
with the terms of the Agreement. A status report was provided by Pacific Bay Homes. This
status report is for the period of January 1, 1998 to December 31, 1998.
For this review period, the conditions and mitigation measures that are required per the
Development Agreement are listed below with an explanation as to how the requirements were
or are being met. All numbering is consistent with number sections of the Development
Agreement.
Current Status
The six (6) Final Tract Maps (15332, 15387, 15388, 15389, 15390, and 15391) for the site, have
been approved by the City Council. The City has issued building permits for 379 dwelling units,
with 296 currently under construction. Street improvements and utilities are nearly complete.
DEVELOPMENT AGREEMENT NO.8
3.2 Compliance with Development Plan Conditions/Mitigation Measures
All mitigation measures required for approval of grading permits and construction
permits issued have been satisfied.
3.6 Environmental Remediation. Completed.
4.8 Park Fees. Ford shall comply with all City Park Dedication requirements through the
payment of park fees in the amount of $6,897.37 per residential unit. Ford shall advance
Five Hundred Thousand Dollars ($500,000) in park fees to the City within sixty days
after the Effective Date. Completed. The fees paid in advance shall be credited toward
and satisfy park fees for the first seventy -three residential building permits issued for the
Project. Thereafter, Ford shall pay $6,897.37 per residential unit until all park fees
required by this Agreement have been paid.
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5. PUBLIC BENEFITS
5.3 Affordable Housing
b. Task Team Participation. Ford participated on the Task Team until May,
1997, when Ford paid $2,020,000.00 to the City of Newport Beach as a fee
to satisfy the affordable housing provisions. The City has held these
funds for use on affordable housing. Discussions as to suitable sites for
the placement of affordable housing are in progress.
5.4 Environmental Monitorine
Completed.
5.5 Eastbluff Traffic
Completed.
5.6 Drainaee
Completed
5.7 Belcourt Terrace Landscape Screen
Completed.
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Notices and staff report to be sent to : •
Pacific Bay Homes
Attention: Karin T. Krogius
18400 Von Karman, Suite 900
Irvine, CA 92715
Tim Panne
Paone, Callahan, McHolm & Winton
19100 Von Karman, 8th Floor
P.O. Box 19613
Irvine, CA 92713 -9613
Belcourt Terrace Homeowners Association
c/o Professional Management Associates
17300 Redhill Avenue, Suite 210
Irvine, CA 92714
City of Newport Beach City Clerk
3300 Newport Boulevard City of Newport Beach
Post Office Box 1768 3300 Newport Boulevard
Newport Beach, California 92663 -3884 P.O. Box 1768
Attention: Homer Bludau, City Manager Newport Beach, CA 92663 -3884 •
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attention: Robert Burnham, City Attorney
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FLETCHER JONES MOTOR CARS
. DEVELOPMENT AGREEMENT NO.9
0
Project Status Report
Third Annual Review of the Development Agreement
between
The City of Newport Beach, The Irvine Company
and Fletcher Jones Motor Cars
I. Introduction
On September 11, 1995, the City Council approved the Development Agreement between the
City of Newport Beach, Fletcher Jones Motorcars, Inc., and The Irvine Company. As part of the
agreement between Fletcher Jones and the City, a sharing of entitlement and development costs
was agreed to in a Memorandum of Understanding executed on March 10, 1995. The MOU
provided for the City to offset certain development costs which were extraordinary, due to the
highly constrained nature of the proposed development site. The Development Agreement
includes the provision that The Irvine Company would dedicate the San Diego Creek North
property to the City of Newport Beach by a Dedication Agreement. A Declaration of Special
Land Use Restrictions provides for The Irvine Company to maintain some control over the use
and improvements on the property.
In approving Development Agreement No. 9 for the Fletcher Jones site, the City Council
approved an amendment of Development Agreement No. 6 ( CIOSA). This agreement included
the San Diego Creek North site. The Planned Community District Regulations for the San Diego
Creek North required an amendment deleting the permitted park -and -ride facility and fire station
for this site and changed the land use designation for a portion of the site from Open Space to
Retail and Service Commercial to allow the Fletcher Jones Mercedes Benz Dealership project to
be constructed on this site.
Also included in the amendment to the CIOSA agreement were the following: a change of the
development acreage on San Diego Creek North from 0 acres to 9.6 acres, the amendment of the
"Category 2" provisions for San Diego Creek North, the deletion of the requirement for The
Irvine Company to dedicate 8.6 acres of land on San Diego Creek North for open space /public
facilities, and the allowance for the remaining 5.1 acres to be used for a wetland mitigation site
and Bayview Way street.
At the same meeting on September 11, 1995, the City Council approved several related
documents: General Plan Amendment No. 95 -1(D) and Local Coast Program Amendment No.
39 to designate the property for Retail and Service Commercial use and establish the permitted
intensity of development, Amendment No. 823 to amend the San Diego Creek North/Jamboree
MacArthur Planned Community District Regulations, Use Permit No. 3565 to allow the
establishment of an automobile dealership on the property, Traffic Study No. 108, and an
amendment to Development Agreement No. 6 ( CIOSA).
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On November 16, 1995, the California Coastal Commission granted a Coastal Development
Permit to the City of Newport Beach and Fletcher Jones Motorcars, co- applicants, for the San
Diego Creek North site.
II. Purpose
The purpose of the Development Agreement is to allow for the development of a previously
undeveloped site known as the "San Diego Creek North" with the Fletcher Jones Mercedes Benz
automobile dealership that was successfully operating in another area of the City. The City, in
wishing to retain the Fletcher Jones dealership that is the single largest sales tax generator in the
City of Newport Beach, agreed to certain terms and conditions to secure interest in and
entitlements of the development site.
Pursuant to Section 7.04 of the Development Agreement and Chapter 15.45 of the Municipal
Code, the City shall conduct an annual review of Development Agreement No. 9, to review the
parties' good faith and substantial compliance with the agreement in addition to those terms and
conditions required of the City of Newport Beach. This project status report is for the period of
January 1, 1998 to December 31, 1998.
For this review period, the conditions and mitigation measures that are required are listed below
with an explanation as to how the requirements were or are being met. All numbering is
consistent with number sections of the Development Agreement.
Current Status •
The auto dealership has been opened since September, 1997.
DEVELOPMENT AGREEMENT NO.9
1. The City is to acquire three parcels of land located at 3300 Jamboree Road which are
owned by The Irvine Company, Transportation Corridor Agency and CalTrans.
Completed.
The Dedication Agreement: required the City to determine that The Irvine Company has
satisfied all of its "CIOSA" obligations with respect to the San Diego Creek North parcel.
The City is to perform all of its obligations under the Dedication Agreement dated
December 11, 1995.
The three parcels of land generally located at 3300 Jamboree Road have been
acquired as follows:
a. The Irvine Company parcel was deeded to the City of Newport Beach on
February 9, 1996.
b. The Cal -Trans parcel was deeded to the City of Newport Beach on February
9,1996.
Both parcels were subsequently deeded to Fletcher Jones by the City.
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C. The TCA parcel was deeded to the City of Newport Beach on March 18,
1996.
2. The City is to obtain all non -City permits in cooperation with Fletcher Jones. Completed.
The Mouth of Big Canyon Coastal Sage Mitigation Program is in progress. An
area -wide (approximately 20.5 acres) invasive and exotic weed removal contract was
recently completed and initial planting of the revegetation sites will begin shortly
and was completed by June, 1998. Both the area wide weed removal and
revegatation and mitigation planting was completed by Fletcher Jones Motorcars
and the City has taken over the monitoring of the site.
3. The Citv is to construct the Bavview Drive extension 600 feet east of Jamboree Road at
an estimated cost of $400.000 and Fletcher Jones has aereed to reimburse the Citv
$80,000 for the next five years to nay for those costs. Under the terms of the
Development Agreement, the City paid the initial costs of the improvements with a
provision that the monies would be paid back in five (5) annual payments by
Fletcher Jones Motorcars. The Bayview Drive extension has been completed.
4. The City is to convey The Irvine Company parcel to Fletcher Jones at a cost equal to the
purchase price paid by the City to Cal -Trans, and to lease the Transportation Corridor
Agency parcel to Fletcher Jones for $1.00 per year. Completed.
5. The City is to split the cost of the entitlement process. (Fletcher Jones has agreed to nay
for all costs to construct the new dealership) and to prepare all the plans and
specifications for the project. Completed.
6. CIOSA Financing District:
Special Improvement District No. 95 -1 approved by the City Council on June 12,
1995.
7. Fair Share Fees:
Fletcher Jones Motor Cars paid fair share fees at permit issuance, and City staff is
to determine if The Irvine Company has received their 50% as required under the
Dedication Agreement.
8. Block 500: Completed.
9. CIOSA Obligations: The minutes of the City Council meeting of December 11, 1995
reflect the Council's finding that The Irvine Company has fully satisfied all of its
obligations pursuant to CIOSA with respect to the San Diego Creek North parcel.
10. Directional Sign: Completed.
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It. Obtaining of contiguous parcels, sale of the CalTrans Parcel to the City of Newport
Beach. (Quitclaim Deed and Easement). Completed. 0
12. Declaration of Special Land Use Restrictions and Right of First Refusal: Completed.
13. Lease Agreement: Completed.
14. Environmental Impact Report No. 155 and Use Permit No. 3565- Conditions of Approval:
EIR No. 155 and Use Permit No. 3565 were approved by the City Council in August,
1995. All mitigation measures and conditions of approval have been satisfied with
the exception of the following Mitigation Measures:
15. Landscape Plans. Lighting and Noise: When the new facility opened in September,
both the City and Fletcher Jones received numerous complaints about the lighting.
Fletcher Jones' initial response to Code Enforcement staff was to install partial
shields on the parking lot lights and dim the upper parking lot lights earlier in the
evening. These actions were not sufficient, and Fletcher Jones agreed to retain a
lighting engineer to assess the site and make recommendations to reduce light
impacts. A summary of the engineer's recommendations was presented to the City
Council on December 8, 1997, with a report that Fletcher Jones agrees to retrofit
light fixtures with full shields, replace lenses in service entrance lights, and install a
lighting control system. Additional efforts to screen the lights have been proposed
that would include the planting of trees along Jamboree and Bayview Drive, the cost
of which would be shared by both the City and Fletcher Jones. The landscaping
project is being designed and is included as a capital improvement project in FY
1999 -2000. Fletcher Jones Motorcars is augmenting the City funds to enhance the
landscaping to be installed.
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Mail Notices to:
Fletcher Jones Motorcars
3300 Jamboree Road
Newport Beach, CA 92660
Attention: Fletcher Jones, Jr.
Fletcher Jones Management Group
175 E. Reno, C -6
Las Vegas, Nevada 89109
Attention: Fletcher Jones, Jr.
The Irvine Company
Carol Hoffman, Vice President of Entitlement
and Community Relations
550 Newport Center Drive, 8th Floor
Newport Beach, CA 92660
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attention: Homer Bludau, City Manager
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
i
City Clerk
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1786
Newport Beach, CA 92663 -3884
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NEWPORT HARBOR LUTHERAN CHURCH
DEVELOPMENT AGREEMENT NO. 10
Project Status Report
Second Annual Review of the Development Agreement
between the City of Newport Beach
and the Newport Harbor Lutheran Church
I. Introduction
On August 8, 1997, the Development Agreement between the City of Newport Beach and the
Newport Harbor Lutheran Church was recorded. As specified by the Development Agreement
(Section 2.17), the "effective date" of the Development Agreement refers to the date of the
Adopting Ordinance. On June 23, 1997, the City Council adopted Ordinance No. 97 -22
approving this Agreement and authorizing the City to enter into this Agreement. The adopting
Ordinance became effective on July 24, 1997.
As part of the City Council's approval of Development Agreement No. 10, General Plan
Amendment No. 95 -2(E), Local Coastal Program Amendment No. 47, Amendment No. 860, and
the adoption of Planned Community District Regulations for the church were approved on June
23, 1997.
II. Purpose
The purpose of the Development Agreement is to grant vested development rights to the
Newport Harbor Lutheran Church for the future expansion of its facilities and uses on site; to
provide for the Church's conveyance to the City of approximately 0.65 acres of Church property
for use as a public parking facility to serve the Bob Henry Park and the Castaways Park, in
consideration of the City's conveyance to the Church of at least .65 acres of City property; to
provide for the construction of parking areas and other improvements on the Church property to
replace existing parking spaces located on the property conveyed to the City; and to restore or
replace other Church improvements impacted by the City's project and/or in consideration for the
exchange of property.
To accomplish this purpose, the Development Agreement sets forth the rights and responsibilities
of both the Church and the City not only as the land exchange is implemented, but as the
improvements to both the Church property and the City property are implemented. The Planned
Community Text establishes a development limit of 40,000 sq. ft. (an increase of 30,000 sq. ft.)
to allow the Church to be able to expand its existing facilities for the purpose of offering
additional uses that are associated with religious institutions. In addition, the Planned
Community Text provides for development standards for all new construction and establishes a
list of permitted uses for the church site.
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Pursuant to the requirements of Chapter 15.45 of the Municipal Code and Section 6 of the
• Development Agreement, the City of Newport Beach shall conduct an annual review of the terms
of the Agreement which demonstrates the parties' good faith substantial compliance. This
project status report is for the period of June 31, 1997 to December 31, 1998. All numbering is
consistent with number sections of the Development Agreement. Staff received a status report
from the Newport Harbor Lutheran Church.
For this review period, the conditions and commitments that are required per the Development
Agreement are listed below with an explanation as to how the requirements were met.
3.1 Vested Rights.
The Church shall have the vested right to construct a total of 40,000 sq. ft. of floor
area. Church shall also have the vested right to install temporary buildings in the
lawn area behind the sanctuary and/or the preschool yard, and main parking lot
during construction. No building permits have been issued for new
construction. No building permits have been issued for temporary buildings.
3.2 Development Plan.
Site Plan Review required. No project has been proposed at this time.
3.3 Compliance with General Regulations.
Applicable fees, costs and expenses, UBC and CEQA guidelines. Not applicable
• at this time.
3.4 Public Health and Safetv/Uniform Codes. Not applicable at this time.
3.5 Coastal Act Compliance.
Coastal Development Permit. Not applicable at this time.
4.1 Transfers of Property.
Transfer of City Property to Church. The City shall grant to Church, in fee, at least
0.65 acres of City -owned property. Completed.
4.2 Transfer of Church Property to City.
The Church shall grant to the city, in fee, approximately 0.65 acres of Pre - Transfer
Church Property. Completed.
5.1 City Improvements/Commitments.
City Required Improvements. Completed.
5.2 Parking Facilities.
The City shall construct or reconstruct, as appropriate, a primary parking facility on
a portion of the existing Church parking lot and the major portion of the City
EP
Property to be dedicated to the Church (the Main Parking Lot). The Main Parking
Lot shall consist of at least 140 parking spaces. Completed. •
The City shall also construct or reconstruct, as appropriate, a secondary parking
facility which is generally located to the rear of the sanctuary in the northeast corner
of the Church Property (the Secondary Parking Lot). Completed.
In addition to the construction and/or reconstruction of the parking facilities, the
City shall construct 3 new driveways to provide access, including access to Church
and City parking facilities from Castaways Lane. Completed.
5.3 Other Improvements.
a. Grading and re- landscaping of the existing playground adjacent to the Church's
preschool including the replacement of trees, irrigation and fencing and slope
stabilization. Completed.
b. Fencing and/or screen walls along common property lines with a gate in the fencing
on the south side of the Church: Completed.
c. Landscaping of the area adjacent to the Church/Castaways Residential Community
property line, including the removal of designated trees, replacement trees, new
irrigation system, and retaining walls. Completed.
d. Landscaping and irrigation of the Castaways Lane median and parking strip.
Completed.
e. Installation of subsurface sewer lateral in the Main Parking and relocation of the
Church's existing gas meter by the City: Completed.
f. Installation of landscaping and irrigation improvements along Castaways Lane and
Dover Drive. Completed.
g. Installation of aesthetically pleasing trash enclosure and access pad at the southeast
end of the Secondary Parking Lot: Completed.
h. Installation of a memorial plaque in honor of Bob Henry within the City right -of-
way (parkway) and a related bench with low level landscaping on Church Property
in proximity to the memorial plaque. Completed.
i. Construction of a retaining wall and the easterly corner of the Main Parking Lot
adjacent to Lot 6 of the Castaways Residential Development. Completed.
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5.4 Other City Commitments.
. a. Signage, left turn pockets necessary for ingress to the Church and egress southbound
onto Dover Drive: Completed.
b. Identification sign walls for Castaways Park: Completed.
c. Availability of Main Parking Lot for public and church use: Completed.
d. No dedications or reservations of Church Property. None.
e. Surveys and recorded maps of new boundaries of parcels owned by the Church and
the City. Completed.
6.1 Annual Review.
The City and Church Responsibilities:
The City staff has provided information for this annual review update and a
letter was received from the Church regarding compliance with the
Development Agreement.
6.3 Notice to Church.
The City shall provide Church with at least fifteen (15) days written notice of the
Annual Review. The written notice provided to Church by City shall include a copy
• of any City staff report, document or exhibit proposed to be submitted to the City
Council in conjunction with the Annual Review of this Agreement. Completed.
6.5 Estoppel Certificate.
None to date.
7.2 Term of Agreement.
The Term of this Agreement (the "Term ") shall begin on the Effective Date and
continue for twenty -five (25) years unless otherwise terminated or modified
pursuant to this Agreement.
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Mail Notices to:
Reverend Bill Kirlin- Hackett
Newport Harbor Lutheran Church
798 Dover Drive
Newport Beach, CA 92663
President of the Church Council
Newport Harbor Lutheran Church
798 Dover Drive
Newport Beach, CA 92663
City Clerk
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attention: Homer Bludau, City Manager
Attention: Robert Burnham, City Attorney
Attention: Patricia Temple, Planning Director
g3
• DEVELOPMENT AGREEMENT NO. 11
Project Status Report
First Annual Review of the Development Agreement
between the City of Newport Beach and
The Irvine Company and Irvine Community Development Company
Concerning Bonita Canyon
I. Introduction
On November 10, 1997, the Development Agreement between the City of Newport Beach and
the Irvine Company and Irvine Community Development Company concerning Bonita Canyon
was approved by Ordinance No. 97 -77. The adopting Ordinance became effective on December
10, 1997.
As part of the City Council's approval of Development Agreement No. 11, General Plan
Amendment No. 97 -2 (Land Use Element), General Plan Amendment No. 97 -2 (Recreation and
Open Space Element, General Plan Amendment No. 97 -2 (Circulation Element), Amendment
No. 865, Ordinance No. 97 -35, approving Development Agreement No. 11; A Resolution of
Application with LAFCO for the Bonita Canyon area, and a Property Tax Exchange Resolution
for the City of Newport Beach.
In 1996, the City of Irvine approved zoning for Planning Area 26 to allow a maximum of 2,800
residential units, commercial facilities (55,000 square feet) and associated institutional and
passive and active open space. The property was detached from the City of Irvine and annexed to
the City of Newport Beach. Along with the Annexation and Development Agreement to
establish land use regulations and commitments to accomplish annexation of the property, a
Planned Community Development Plan was processed concurrently with amendments to include
the property within the Newport Beach General Plan and to prezone the property to the Planned
Community (PC) District.
The Planned Community is known as the Bonita Canyon Planned Community in the City of
Newport Beach (PC -50). The Planned Community encompasses 342 gross acres and is bounded
by the San Joaquin Hill Transportation Corridor on the north, MacArthur Boulevard to the
southwest, and Ford road to the southeast. The project includes 1,521 residential units on 190
acres, an 18.2 -acre commercial site (55,000 square feet of building), a church site (18.3 -acres
total), and 115 acres of active and passive open space.
II. Purpose
The purpose of the Development Agreement is to set out the terms under which the landowner
will consent to annexation of the land to Newport Beach and the City will accept the territory.
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The agreement provided that The Irvine Company would agree to the annexation only if the City
of Newport Beach adopted a development plan for the property that is approved by The Irvine •
Company, and that The Irvine Company must submit a development plan that conforms to the
development approvals already granted by the City of Irvine.
The sites that The Irvine Company has agreed to convey to the Newport Mesa School District
and the City of Newport Beach for school, park and open space purposes were acquired through a
community financing district at fair market value, appraised for residential purposes. Therefore,
the underlying residential entitlement has been included in the General Plan and PC development
plan. Although both of those documents provide for the public uses, it is the annexation and
development agreement that clearly defines how the sites will be conveyed. It also provides that
The Irvine Company will provide in excess of $2 million in funding through the CFD for
improvement of the park site between Ford and Bonita Canyon Roads.
In addition to the school, park and open space sites within Bonita Canyon, The Irvine Company
agreed to forego the development of 34 homes on the seven acres in the Freeway Reservation
north parcel at the southeast corner of Ford Road and MacArthur Boulevard, and convey this
land to the City of Newport Beach for open space purposes. Since this site is not within the area
covered in the development plan, the commitment to convert it to open space is made in the
annexation and development agreement.
The development agreement made provisions for Newport Beach to accept approvals such as
tract maps and site plans given by Irvine prior to the annexation. Newport Beach will have .
authority for any subsequent approvals required after annexation. The agreement provides that
the landowner will pay the usual fees to the city that grants subsequent approvals at the time of
approval. This provision relates to fees such as Irvine's system development charge, Newport
Beach's fair share fees, and development review and building plan check and permit fees. The
development plan includes circulation system improvements (widening of Bonita Canyon Road,
Bison Road and MacArthur Boulevard), which will result in an overall reduction in peak hour
ICU at impacted intersections that otherwise would have unsatisfactory levels of service. The
park dedications to which TIC has agreed exceed Newport Beach requirements. Major flood
control improvements in the area were constructed as part of the San Joaquin Hills
Transportation Corridor, and minor improvements that remain to be done may be required as part
of the site plan review process.
The annexation and development agreement states that the Affordable Housing Implementation
Plan approved by the City of Irvine for the entire Bonita Canyon area satisfies the requirements
of Newport Beach's Housing Element. The affordable housing plan indicates that, using the
Irvine Housing Element object of 15% affordable units, a total of 225 affordable units are needed
for all of Bonita Canyon. Irvine Apartment Communities has secured financing to extend the
terms of affordability for 1,244 units in Irvine at low and very low income levels for an average
of twelve years. The Newport Beach Housing Element goal is to provide up to 20% of market
rate units in a project as affordable housing. The percentage in the affordable housing agreement
is within this range, and is applied to the higher number of units entitled for Bonita Canyon in
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Irvine than in Newport Beach. The Irvine Company has agreed to extend affordability on many
. more units than the housing element objective calls out.
To accomplish this purpose, the Development Agreement sets forth the rights and responsibilities
of both the City and The Irvine Company and the Irvine Community Development Community.
Pursuant to the requirements of Chapter 15.45 of the Municipal Code and Section 6 of the
Development Agreement, the City of Newport Beach shall conduct an annual review of the terms
of the Agreement which demonstrates the parties' good faith substantial compliance. This
project status report is for the period of January 1, 1998 to December 31, 1998. Staff has
received a status report from The Irvine Company.
For this review period, the conditions and commitments that are required per the Development
Agreement are listed below with an explanation as to how the requirements were met. All
numbering is consistent with number sections of the Development Agreement.
1. DEFINITIONS AND EXHIBITS
1.1 Definitions. No action required.
1.2 Exhibits. No action required.
0 PRE - ANNEXATION OBLIGATIONS AND COMMITMENTS
3.1 Annexation of Property.
The CITY will initiate proceedings under the Cortese -knox Local Government
Reorganization Act of 1985 for the detachment of the Property from Irvine and
annexation of the Property CITY, and take such subsequent actions as may be
reasonably required of it to complete the detachment/annexation of the Property under
such conditions as are imposed by or through the Orange county Local Agency
formation Commission and reasonably acceptable to OWNER and CITY. Complete.
3.2 Environmental Impacts and Mitigation.
Environmental Impact Report, State Clearinghouse Number 95091032 (the "BIR "),
has been prepared and certified for the Project by Irvine. CITY has determined based
on a review of the EIR that the detachment of the Property from Irvine and the
annexation of the Property to CITY do not require preparation of any subsequent or
supplemental environmental impact report for the Project. The mitigation measures
identified in Exhibit "E" are incorporated by reference into the Development Plan.
No further action required.
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3.3 Adoption of Development Plan.
As a condition precedent to completion of annexation of the Property, CITY agrees
that it shall first have processed for adoption, and adopted, a Development Plan for
the Property in form and substance approved by OWNER in writing, which approval
shall not be withheld if the Development Plan adopted by CITY conforms in
substance to the Irvine Development approvals. Completed.
3.4 Continuation of Prior Development Approvals/Consistent Enforcement.
CITY agrees that, except for general and specific plans and zoning to be adopted by
CITY as provided in Section 3.3 above, any and all Development Approvals given for
the Project by Irvine prior to the annexation of the Property shall continue in full force
and effect following annexation of the Property as if the same had been give by CITY
immediately following the annexation. CITY acknowledges that provision of the
Uniform codes and the Newport Beach Municipal Code do not and shall not require
windows in the second and third stories of residential buildings to be more than thirty
(30) inches above floor level. CITY hereby empowers its City Manager to further
waive strict enforcement of CITY requirements as necessary to achieve consistency in
standards for the Project with the standards imposed by Irvine. City has complied.
3.4 Additional Pre - Annexation Understandings
Adverse Environmental Effects
....CITY agrees that, as of the date of its approval of this Agreement, the potential .
adverse environmental effects of the Project known to CITY are as set forth in the
EIR, and CITY is unaware of any other anticipated adverse environmental effects of
the Project.
Affordable Housing Implementation Plan
CITY has reviewed the Affordable Housing Implementation Plan for Planning Area
26 dated May, 1997, which has been submitted to the Irvine, and acknowledges that it
satisfies affordable housing requirements that would otherwise be applicable to the
Project pursuant to the CITY's General Plan.
The City of Newport Beach acknowledged that the plan approved by the City of
Irvine satisfies the City's General Plan requirements. Based on the project
build -out of 1,339 dwelling units, the affordable housing goal is 67 dwelling units
of very low income, 67 dwelling units of low income and 67 dwelling units of
moderate income. The very low income and low income goals have been met by
securing refinancing of off -site apartment units which extend the terms of
affordability at the above income levels. The moderate income goal will be met
on -site through the use of market rate apartments.
Building Permit Fees
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Fees payable upon issuance of a building permit will be paid to the issuer of the
permit (e.g. for permits issued by Irvine, the fees shall be paid to Irvine in accordance
with Irvine Codes and requirements, and following annexation, for permits issued by
CITY, the fees shall be paid to CITY in accordance with CITY's Codes and
requirements).
Merchant builders have paid building permit fees to the City, which issued the
building permits (both Irvine and Newport Beach). All permits issued since
June, 1998, are by Newport Beach.
Traffic Phasing Ordinance
CITY further agrees that the Project shall not be subject to its Traffic Phasing
Ordinance following annexation of the Property.
3.6 Cooperation. Subject to and in reliance upon the representations and covenants of the
CITY, OWNER will support the annexation of the Property by the CITY. OWNER
and CITY further agree to cooperate with respect to (a) obtaining the consents of
other landowners whose land may be included in any proposed annexation of the
Property to the CITY, and (b) providing for the orderly transfer of jurisdiction over
Development Approvals from Irvine to CITY in such a way that there is no
duplication of effort between those two jurisdictions, nor delay in processing by
reason of the annexation, and (c) completing the annexation and subdivision and
Development contemplated by this Agreement. City and Owner in compliance.
3.7 Termination of Annexation Proceedings
This Agreement may be terminated
(i) by OWNER in the event that CITY fails to adopt Development Plan for the
Property that substantially conforms with the requirements of Paragraph 3.3
above prior to the first hearing by the Orange County Local Agency Formation
Commission on the Property's proposed detachment/annexation to CITY,
(ii) by either party if conditions imposed by or through the Local Agency
formation commission on the detachment/annexation are determined by either
party to be unreasonable,
(iii) by CITY if an acceptable property tax exchange and sales tax allocation
agreement is not obtained with Irvine, or
(iv) annexation is not completed by October 30, 1998, unless extended by mutual
consent of the parties. N/A
4. DEVELOPMENT OF THE PROPERTY UPON ANNEXATION AND ADOPTION OF THE
DEVEVELOPMENT PLAN.
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4.1 Rights to Develop. Subject to the terms of this Agreement, following annexation
of the Property OWNER shall have a vested right to develop the Property in
accordance with, and to the extent of, the Development Plan.
4.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided
under the terms of this Agreement, the rules, regulations and official policies
governing permitted uses of the Property, the density and intensity of use of the
Property, the maximum height and size of proposed buildings, and the design,
improvement and construction standards and specifications applicable to
Development of the Property, shall be those contained in the Development Plan and
those Land Use Regulations not inconsistent with the Development Plan. In
compliance.
4.3 Subsequent Development approvals. CITY shall accept for expeditious
processing, review and action all applications for Subsequent Development
Approvals, and such applications shall be processed in the normal manner for
processing such matters, for all or a portion of the Property at OWNER's option. The
CITY further agrees that, unless otherwise requested by OWNER or as authorized by
this Agreement, it shall not amend or rescind any Subsequent Development
Approvals respecting the Property after such approvals have been granted by the
C]TY, and that pursuant to Section 66452.6 (a) of the California Government Code,
any tentative subdivision map approved for the Property, or any portion thereof, shall
also be extended for a period equal to the Term of this Agreement.
The City of Newport Beach has expeditiously processed all applications
requested by property owners.
4.4 Timing of Development. The parties acknowledge that OWNER shall have the
right to develop the Property in such order and at such rate and at such times as
OWNER deems appropriate within the exercise of its subjective business judgement.
Nothing in this section is intended to alter the standard durational limits of any
applicable permits issued to OWNER.
Property owner has developed the property in accordance with the standard
durational limits of the City.
4.5 Changes and Amendments. Change in the Development Approvals or Development
Plan shall be incorporated herein as an addendum, and may be further changed from
time to time as provided in this Section. Any change in the Development Approvals
or Development Plan made in accordance with the procedures required by the Land
Use Regulations and with the written consent of the OWNER shall be conclusively
deemed to be consistent with this Agreement, without any further need for any
amendment to the Agreement or any of its Exhibits. N/A at this time.
9
4.6 Reservation of Authority.
•
4.6.1 Limitations, Reservations and Exceptions. The following Subsequent Land Use
Regulations shall apply to the Development of the Property:
(a) Processing fees and charges of every kind and nature imposed by CITY to
cover the estimated actual costs to CITY of processing applications for
Development Approvals granted or issued.
(b) Procedural regulations not inconsistent with this Agreement relating to hearing
bodies, petitions, applications, notices, findings, records, hearing, reports,
recommendations, appeals and any other matter of procedure.
(c) Changes adopted by the International Conference of Building Officials as part
of the en most current versions of the Uniform Building code, Uniform Fire
Code, Uniform Plumbing code, Uniform Mechanical code, or National
Electrical Code, and also adopted by CITY as Subsequent Land Use
Regulations.
(d) Regulations which may be in conflict with the Development Plan but which
area reasonably necessary to protect the public health and safety. To the extent
possible, any such regulations shall be applied and construed consistent with
Section 4.6.4 below so as to provide OWNER with the rights and assurances
provided under this Agreement.
(e) Regulations which are not in conflict with the Development Plan and this
Agreement.
(f) Regulations which are in conflict with the Development Plan provided
OWNER has given written consent to the application of such regulations to
Development of the Property.
(g) Federal and State laws and regulations which CITY is required to enforce as
against the Property or the Development of the Property.
4.6.2 Future Discretion of CITY. No action is required.
4.6.3 Modification or Suspension by State or Federal Law. No action is
required.
4.6.4 Intent. No action is required.
4.7 Regulation by Other Public Agencies. No action is required.
4.8 Vesting Tentative Maps. If any tentative or final subdivision map, or
tentative or final parcel map, heretofore or hereafter approved in connection with
Development of the Property, is a vesting map under the Subdivision Map Act
(Government Code Section 66410, et se g.), and if this Agreement is determined
by a final judgement to be invalid or unenforceable insofar as it -grants a vested
right to develop to OWNER, then and to that extent the rights and protection
•
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afforded OWNER under the laws and ordinances applicable to vesting maps shall
supersede the provisions of this Agreement. Except as set forth immediately
above, Development of the Property shall occur only as provided in this
Agreement, and the provisions in this Agreement shall be controlling over any
conflicting provision of law or ordinance concerning vesting maps.
Development has occurred in accordance with the Vesting Tentative Tract
Maps approved in the City of Irvine.
5. FINANCING OF PUBLIC IMPROVEMENTS FOLLOWING ANNEXATION.
5.1 Formation of Financing Districts. If so requested by OWNER, CITY
will cooperate in the formation of any special assessment district, community
facilities district or alternate financing mechanism ( "CFD ") to pay for the
construction, acquisition, and/or maintenance and operation of public and/or
quasi - public infrastructure, lighting, landscape, or any other public facilities
required as part of the Development Approvals; provided, however, CITY shall
have no obligation to authorize or to cause any such CFD to issue debt or sell
bonds prior to the completion of the annexation of the Property to CITY. In the
event that such a CFD is formed and sells bonds for those purposes, OWNER may
be reimbursed from such bonds to the extent that OWNER has spent funds or
dedicated land for the establishment of such facilities and creation of the CFD.
While it is acknowledged that this Agreement cannot require CITY or the city .
Council to form any such CFD or to issue and sell bonds, CITY represents that it
can, and does hereby, agree that it shall not refuse OWNER'S request to form
such a CFD and to issue and sell bonds following completion of annexation of the
PROPERTY to City, except for good and reasonable cause.
City cooperated with the Irvine Company, Newport -Mesa Unified School
District and Irvine Unified School District in the formation of a community
facilities district to pay for the construction of improvements and the
acquisition of land. The City Council approved bids for construction in May,
1999.
5.2 OWNER's Right to Construct Facilities. It is understood and agreed
that, subject to CITY review and approval of plans and specifications, the
OWNER may elect, and reserves the right, to construct, or cause the construction
of, any public or quasi - public facility for which the CITY intends to collect a fee,
and to dedicate the completed facility to the CITY, in lieu of payment of the fee.
Additionally, subject to CITY review and approval of plans and specifications,
OWNER may elect, and reserves the right, to construct or cause the construction
of any public or quasi - public facility for which the CITY intends to form a CFD,
in which case the CFD shall be formed for purposes of acquiring rather than
constructing such public facilities, subject to the provisions of Section 5.1 above.
Cr
City has cooperated with The Irvine Company in processing plans for the
construction of a public park, infrastructure and landscaping to be owned
and maintained by the City of Newport Beach and the Company cooperated
with the City in providing conceptual landscape design services at no cost to
the City.
5.3 Provision of Real Property Interests by CITY. In any instance where
OWNER is required to construct any public improvement on land not owned by
OWNER, CITY shall first have acquired the necessary real property interests to
allow OWNER to construct such public improvements. Costs associated with
such acquisition or condemnation proceedings, if any, shall be OWNER'S
responsibility, and may be included in the district on a fair share basis.
5.4 Joint Powers Agreement With Newport Mesa Unified School District/
Acquisition of Land For Parks/Schools. The CITY agrees to cooperate with the
Newport Mesa Unified School District to form a joint powers authority for the
formation of a CFD, for the purposes, among other things, of acquiring all of the
land in the Property owned by OWNER, which southerly of Bonita Canyon road
and zoned for residential development, as well as that area known as Freeway
Reservation north. Such land is to be acquired for school and/or park purposes
(consisting of the land south of Bonita Canyon Road and west of Buffalo).
• OWNER agrees to cooperate in the formation of the CFD and the sale of such
land for school and/or park purposes
Freeway Reservation North is currently included in and subject to a lien for
special taxes of the "CIOSA" CFD formed by CITY in anticipation of its
development for residential purposes. CITY shall be responsible for removing the
lien for special taxes of the CIOSA CFD from Freeway Reservation North upon or
prior to its acquisition for park purposes.
The Irvine Company cooperated with the City and the two school districts to
form a community facilities district that enabled the Joint Powers Authority
to purchase land for school and/or park purposes.
6. REVIEW FOR COMPLIANCE FOLLOWING ANNEXATION
6.1 Periodic Review, Following annexation of all or any portion of the Property,
the City Council shall review the Development Agreement annually, on or before
the anniversary of the Effective Date, in order to ascertain the good faith
compliance by OWNER with the terms of the Agreement. As part of that review,
OWNER shall submit an annual monitoring review statement describing its
actions in compliance with this Agreement, in a form acceptable to the City
0
SIM
Manager, within 30 days after written notice from the City Manager requesting
that statement. The statement shall be accompanied by an annual review and .
administration of the Agreement during the succeeding year. The amount of the
annual review and administration fee shall be set annually by resolution of the
City Council.
The Irvine Company is in compliance with all requirements.
6.2 Special Review. No action required.
6.3 Procedure. No action required.
6.4 Certificate of Agreement Compliance. No action required.
7. DEFAULT AND REMEDIES:
7.1 Specific Performance Available. The Parties acknowledge that money
damages and remedies at law generally are inadequate and specific
performance is a particularly appropriate remedy for the enforcement of the
Agreement and should be available to OWNER and CITY because due to
the size, nature and scope of the Project, it may not be practical or possible
to restore the Property to its natural condition once implementation of this
Agreement has begun. After such implementation, OWNER and/or CITY .
may be foreclosed from other choices it may have had to utilize or condition
the Property or portions hereof. OWNER and CITY have invested
significant time and resources and performed extensive planning and
processing of the Project in agreeing to the terms of this Agreement and will
be investing even more significant time and resources in implementing the
Project in reliance upon terms of this Agreement, such that it would be
extremely difficult to determine the sum of money which would adequately
compensate OWNER and/or CITY for such efforts. Except as provided in
the Section 7.2 below, neither OWNER nor CITY shall not be entitled to any
money damages, including attorney fees, from the other party by reason of
any default under this Agreement.
7.2 Restitution of Improper Development Fees. No action required.
7.3 Termination of Agreement. No action required.
7.3.1 Termination of Agreement for Default of OWNER.
7.3.2 Termination of Agreement for Default of CITY. No action
required.
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7.3.3 Rights and Duties Following Termination. No action required.
. 7.4 OWNER's Right to Terminate Upon Specified Events.
OWNER retains the right to terminate this Agreement upon thirty (30) days
written notice to CITY in the event that OWNER reasonably determines that
continued Development of the Project consistent with the Development Plan has
become economically infeasible due to changed market conditions...." No action
required.
8. THIRD PARTY LITIGATION. No action required.
9. MORTGAGEE PROTECTION. No action required.
10. MISCELLANEOUS PROVISIONS.
10.1 Term of Agreement. In the event that, despite its best efforts, the
CITY is unable to complete the annexation of the Property on or before
October 30, 1998, then this Agreement shall terminate and be of no further
force and effect as to any portions of the Property then not annexed to the
CITY, except that the running this time period shall be tolled during the
pendency of any litigation that has as the relief sought or as its practical
effect the prevention of the annexation proceedings from being successfully
• completed, but in no event longer than five years.
10.2 Recordation of Agreement. This Agreement shall be recorded
with the County Recorder by the City Clerk upon annexation of the Property
to CITY within the period required by Section 65868.5 of the Government
code. Similarly, amendments approved by the parties, and any cancellation,
shall also be recorded.
10.3 Entire Agreement. No action required.
10.4 Severability. No action required.
10.5 Interpretation and Governing Law. No action required.
10.6 Section Headings. No action required.
10.7 Singular and Plural. No action required.
10.8 Time of Essence. No action required.
10.9 Waiver. No action required.
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9 1-1
10.10 No Third Party Beneficiaries. No action required.
10.11 Force Majeure. No action required. i
10.12 Mutual Covenants. No action required.
10.13 Successors in Interest. No action required.
10.14 Counterparts. No action required.
10.15 Jurisdiction and Venue. No action required.
10.16 Project as a Private Undertaking. No action is required.
10.17 Further Actions and Instruments. Each of the parties shall
cooperate with and provide reasonable assistance to the other to the extent
contemplated hereunder in the performance of all obligations under this
Agreement and the satisfaction of the conditions of this Agreement. Upon
the request of either party at any time, the other party shall promptly execute,
with acknowledgement or affidavit if reasonably required, and file or record
such required instruments and writings and take any actions as may be
reasonably necessary under the terms of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement. Subject to .
Section 3 above, OWNER will cooperate with the CITY in the processing of
the annexation of the Project through the Local Agency Formation
Commission including advocating the application of the existing AB 8
Master Property Tax Transfer Agreement. OWNER acknowledges the
importance of maintaining the fiscal benefits of the Project assuming that the
current method of allocating sales tax revenues (i.e., point of sale) is
utilized. OWNER will consult with the CITY regarding legislative
proposals to adjust this procedure with the goal of supporting CITY efforts
to maintain the fiscal benefits of the Project through the legislative process.
The Irvine Company assisted the City in the processing of the
annexation through LAFCO and all annexation formalities were
completed in a timely manner.
10.18 Eminent Domain. No action required.
10.19 Amendment in Writing/Cooperation. No action required.
10.20 Authority to Execute. No action required.
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The Irvine Company
Carol Hoffman, Vice President of Entitlement
and Community Relations
550 Newport Center Drive, 8th Floor
Newport Beach, CA 92660
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attention: Homer Bludau, City Manager
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attention: Robert Burnham, City Attorney
City Clerk
• City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attention: Patricia Temple, Planning Director
City Attorney
City of Irvine
P. O. Box19575
Irvine, CA 92623
City Clerk
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92663
-3884
q�o
Authorized to Publish Advertisemems of all kinds in, ging public notices by
Dccrec of the Superior Court of Orange County, California. Number A-6214,
September 29, 1961, and A-24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
County of Orange )
am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of .eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH -COSTA MESA DAILY PI LOT, a
newspaper of general circulation, printed and
published in the City. of Costa Mesa, County
of- Orange, State of California, and that
attached Notice is a true and complete copy
as was printed and published on the
following dates:
June 18, 1999
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on June 18, 199 9
at Costa Mesa, California.
,
i -
Signature
.99 UN 24 A 9 :51
Gr" _ -i -Y CLERK
C!" _ GRT BEACH
NOTICE OF..
PUBLIC HEARING -
Notice is hereby given
that the City Council of the. '
City of Newport Beach vrllf
hold a public hearing ori'
the Annual Review of De-'
velopment Agreements
Nos. 4, 5, 6, 7, 8, 9, 10
and 11 between the City of
Newport Beach and:
(No. 4) The Irvine Com-'
pang involving the 'Library,
Exchange Agreement ..c
5) Hoag Memorial
iital Presbyterian
6) The= Com -
Circulation Improve -
and Open Space
ement
7) Pacific View Memo -
'ark
8) Ford Motor Land
ilopment Corporation
91 Fletcher Jones
(N 10) Newport Harbor
Lu Bran Church; and
(N 11) The Irvine Com -
pa and Irvine Com=
mu Ity Development Com -
pa Concerning Bonita
Ca c
T purpose of the public
he ng is to review the
pa s' compliance with
the rms and conditions of
the greements with the
City ?Newport Beach.
N ice is hereby further
giv that said public hear -
Ing ill be held on the
28tH day of June, 1999, at
the hour of 7:00 p.m. In the
Council• Chambers of the
Newport Beach City Hall,
3300 Newport Boulevard,
Newport Beach, California,
at which time and place
any and all persons In-
terested may appear and
be heard thereon. If you
challenge these projects In
court, you may be limited to
raising only those issues
you or someone. else
raised at the public hearing
described In this notice or
in written correspondence
delivered to the City at, or
prior to, the public hearing:
For information call
(949) 644-3200.
ublished New Beach -
Costa Mesa Daily' Pilot
June 18, 1999
F963
i
AFFIDAVIT OF POSTING
On June 1� , 1999, I posted the Notice of Public Hearing regarding:
the Annual Review of Development Agreements Nos. 4, 5, 6, 7, 8, 9,
10 and 11
Date of Hearing: June 28, 1999