HomeMy WebLinkAbout6.0 - General Plan Land Use Element Correction - Newport Coast - PA2006-159 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 6, 2016
Agenda Item No. 6
SUBJECT: General Plan Land Use Element Correction - Newport Coast
(PA2006-159)
PLANNER: Gregg Ramirez, Senior Planner
949-644-3219, gramirez@newportbeachca.gov
PROJECT SUMMARY
During the 2014 Land Use Element Amendment project, staff identified an error in Land
Use Element Table LU2 - Anomaly Locations. The 2006 General Plan update failed to
accurately account for all the allowed development capacity in Anomaly No. 60.
Anomaly No. 60 is located in Newport Coast and identifies the allowed number of hotel
rooms and related floor area development capacity. This recommended correction will
resolve the error of fact and will make the general plan development capacity consistent
with the Newport Coast Local Coastal Program, the terms of the Newport Coast
Annexation and Development Agreement, and with the terms of the Cooperative
Agreement with the County of Orange.
RECOMMENDATION
1) Conduct a public meeting; and
2) Adopt Resolution No. — affirming that the proposed correction to the Land Use
Element related to Anomaly No. 60 located in Newport Coast is accurate and
consistent with Section 8 of City Council Resolution No. 2006-76, adopting the City
of Newport Beach 2006 General Plan.
INTRODUCTION
This item was originally discussed at the May 21, 2015 Planning Commission meeting.
At that time, it was continued by the Planning Commission to a date uncertain. The
Commission and staff both agreed that further consultation with County of Orange was
necessary to ensure the corrections were accurate and consistent with the development
limits allowed by the Newport Coast Local Coastal Plan and implementing zoning. This
is important because the County continues to have permit authority for any un-built
development entitlements in Newport Coast.
1
Land Use Element Correction — Newport Coast
October 6, 2016
Page 2
BACKGROUND
2006 General Plan Approval and Authority to Make Corrections
The 2006 General Plan update was a comprehensive re-write of the entire General
Plan. The multi-year effort culminated with voter approval of Measure V approving the
update and the land use density and intensity changes in the Land Use Element. The
update included land use map changes and new goals and policies, many of which are
specific to several identified sub-areas including: Corona del Mar, Mariners' Mile, West
Newport Mesa, Balboa Peninsula, Balboa Village, the Airport Area, and Fashion
Island/Newport Center. Two sub-areas that did not include changes to development
capacity were the newly annexed Newport Coast and Newport Ridge communities.
Realizing the breadth of the 2006 comprehensive General Plan update, the adopting
City Council Resolution No. 2006-76 (PC Attachment No. 3) included the following
section which allows staff, with affirmation by the Planning Commission, to make
corrections to the General Plan.
Section 8. Authority to Incorporate Corrections. The City Council HEREBY
DIRECTS that, given the size and complexity of the document, the General Plan text,
exhibits, figures and plan map may be corrected without further amendment. This
provision applies only to errors of fact, language consistency between elements and
policies, calculations and/or scribe's errors. All revisions made pursuant to this section
shall be reported to Planning Commission for affirmation.
This authority granted to the Planning Commission is further memorialized in City
Council Policy K-1 - General Plan — Manner of Adoption and Amendment (PC
Attachment No. 4), which indicates that correction of errors shall be reported to the
Planning Commission for affirmation.
Newport Coast Annexation and Development Agreement
In 2001, the Newport Coast and Newport Ridge Planned Communities were annexed to
the City and Development Agreement No. 14 ("DA") between the City, the Irvine
Company, and the Irvine Community Development Company was executed. The DA
includes a lengthy list of obligations and commitments. Specifically related to this issue,
Section 3.1.1(b) states the following:
(b) The City adopts, and maintains during the term of this Agreement, general
plan and zoning designations for the Property that are essentially identical to the
Newport Coast Local Coastal Program, general plan and zoning designations
adopted by the County and in effect as of the Effective Date.
Therefore, the City is obligated to maintain the General Plan consistent with the LCP. In
this case, the City's land use designation of Visitor Serving Commercial is accurate;
2
Land Use Element Correction — Newport Coast
October 6, 2016
Page 3
however the accompanying development limits stated for Anomaly 60 are not. See the
highlighted text of the Annexation and Development Agreement Excerpt to view the
above provision (Attachment No. PC 5).
Cooperative Agreement between the City and County of Orange
Prior to the annexation of Newport Coast by the City, the City and County of Orange
entered into a Cooperative Agreement in October 2001 (PC Attachment No. 6). All the
master development plans for Newport Coast were approved by the County over a
period of 30 years, beginning in the early 1970's. The planning documents constitute a
large library of policy, regulatory and environmental documents. The result was the
Newport Coast Local Coastal Plan, zoning, streets and roads development, subdivision,
parks and open space preservation.
Due to the breadth of the planning effort, it was agreed that the County would maintain
permit and approval authority of Newport Coast to facilitate development post
annexation to the City. Authority would only transfer to the City at such time a planning
area is determined to fully improved. To date, the majority of the residential planning
areas have been transferred, but the commercial areas including the Crystal Cove
Shopping Center and resort areas, are not fully improved, and remain under County
permit jurisdiction.
DISCUSSION
The Newport Coast Local Coastal Program and Error of Fact
The Newport Coast Local Coastal Program (LCP) serves as the zoning document for
Newport Coast. The LCP defines planning areas and provides land use designations,
development capacity, and development standards for each planning area. During the
2014 General Plan Land Use Element Amendment project, Planning Division staff
identified an error related to development capacity of Anomaly No. 60. This anomaly
location has the land use designation of Visitor Serving Commercial and includes the
Resort at Pelican Hill and Marriot Newport Coast Villas in Newport Coast.
In addition to Anomaly 60, the only other commercial area identified in the General Plan
within the Newport Coast LCP boundaries is Anomaly No. 61. Anomaly No. 61
corresponds with the commercial area of Newport Coast Planning Areas 3B (portion)
and 14, and is better known as Crystal Cove Shopping Center located on East Coast
Highway and is shown on the Vicinity Map.
3
Land Use Element Correction — Newport Coast
October 6, 2016
Page 4
VICINITY MAP
Upper
Buck
i
s
0 °o
Anomaly No
60/Planning Area
13 - Shown in Red 3
J _
N+xr
0
0
a
1
GENERAL PLAN ZONING
Visitor Serving Commercial Newport Coast LCP/PC
Anomal No. 60 Planning Area No 13
Based on the information provided by the County of Orange, City staff has concluded
that Anomaly 60 (Planning Areas 13A-13F) incorrectly indicates a development limit of
2,660,000 square feet when it should indicate a limit of 3,035,000 square feet; a
correction of an additional 375,000 square feet is therefore necessary. Of the 375,000
square feet, 300,000 square feet is allocated to 250 hotel rooms and 75,000 square feet
is allocated to day use commercial uses. The LCP further indicates the allowed square
footage associated with the hotel rooms may be used for hotel, ballrooms, conference
centers, golf clubhouses, and other related retail and commercial uses. The 2,150 hotel
rooms indicated as included in the square footage limit is accurate. Anomaly 61 is
4
Land Use Element Correction — Newport Coast
October 6, 2016
Page 5
accurate but is included in the tables below to represent the total development potential
of commercial uses in Newport Coast.
The following tables indicate existing General Plan development limits (Table 1) and the
recommended correction (Table 2) based on development capacity data received from
the County. Table 3 is a summary of the maximum development capacity and existing
development for Planning Area 13 as documented by the County of Orange in their
letter dated September 6, 2016 (Attachment No. PC 7),
General Plan Development Limits
Table 1 - Existing Anomaly Nos. 60 and 61
AnomalyTable LU2
Anomaly Statistical Land • Use Development
Number Area Designation Limit(so Development Limit(Other) Additional Information
2,150 Hotel Rooms (included in
60 N CV 2,660,000 total square footage)
61 N CV 125,000
General Plan Development Limits
Table 2 - Corrected Anomaly Nos. 60 and 61
AnomalyTable LU2
Anomaly Statistical Land Locations
Development
Number Area Designation Limitiso Development Limit(Other) Additional Information
2,150 Hotel Rooms (2.960,000
square feet for hotel rooms and
related commercial uses
60 N CV ,630,000 identified in Newport Coast LCP) Newport Coast LCP Planning Area 13
3
75,000 square feet for Day Use
Commercial
61 N CV 125,000 Newport Coast LCP Planning Areas
38 and 14
Table 3—Maximum and Existing Commerical Development—Planning Area 13/Anomaly 60*
Hotel Rooms Hotel Day Use Commercial
Square Footage Square Footage
Maximum Allowed 2,150 2,960,000 75,000
Development:
Existing
Development:
Marriott 696 1,163,102 0
Pelican Hill 408 883,195 1 0
Sub-Total 1,104 2,046,297 0
Remaining Capacity 1,046 913,703 75,000
*Source: Newport Coast LCP and Letterfrom OC Public Works dated September 6,2016(Attachment No. PC 7)
Land Use Element Correction — Newport Coast
October 6, 2016
Page 6
Alternatives
Should the Planning Commission determine that the recommended correction to
Anomaly No. 60 is not covered by Section 8 of the City Council Resolution No. 2006-76
adopting resolution, the following alternatives are available:
1. Direct staff to provide additional information regarding the revision.
2. Determine that the revision is not necessary and direct staff to retain the text and
numbers as they currently appear in the General Plan.
Environmental Review
This correction of a factual error is covered by the general rule that the California
Environmental Quality Act (CEQA) applies only to projects that have the potential for
causing a significant effect on the environment (Section 15061 .b.3 of the State CEQA
Guidelines). It can be seen with certainty that there is no possibility that this activity will
have a significant effect on the environment. Therefore, this activity is not subject to
CEQA.
Public Notice
A noticed public hearing is not required to approve the recommended action. The
agenda item has been noticed according to the Brown act (72 Hours in advance of the
meeting at which the Planning Commission considers the item).
Prepared by: Submitted by:
i
d
Gregg Rdirvfirez r n a Wisneslfi, ICP, Deputy Director
Senior Planner
Land Use Element Correction — Newport Coast
October 6, 2016
Page 7
ATTACHMENTS
PC 1 Draft Resolution Affirming Corrections (Including Revised Table LU2)
PC 2 Planning Commission Minutes — May 21, 2015
PC 3 City Council Resolution No. 2006-76 (2006 General Plan Update)
PC 4 City Council Policy K-1
PC 5 Annexation and Development Agreement - Section 3 (Excerpt)
PC 6 Cooperative Agreement
PC 7 Letter From County Confirming Development Allocations, Existing Development
and Remaining Development (September 2016)
PC 8 Newport Coast LCP and PC — Planning Areas 13 and 14 Development Allocation
(Excerpt)
PC 9 CDP No. PA-10079 (Excerpt)
PC 10 Chronology of Hotel Room and Commercial Development Allocation
PC 11 Land Use Element Figure LU15 (Statistical Area N — Newport Coast)
V�
QP
�P
g
Attachment No. PC 1
Draft Resolution Affirming Corrections
(Including Revised Table LU2)
9
V�
QP
�P
20
RESOLUTION NO. 2016-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, AFFIRMING A
CORRECTION TO THE LAND USE ELEMENT OF THE
GENERAL PLAN RELATED TO TABLE LU2 (ANOMALY
LOCATIONS) AND ANOMALY NO. 60 (PA2016-159)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The Newport Beach City Council adopted Resolution No. 2006-76 on July 25, 2006,
approving a comprehensive update to the Newport Beach General Plan.
2. Pursuant to Charter Section 423 and the Measure S Guidelines, the comprehensive
General Plan Update was placed on the ballot (Measure V) and approved by the
electorate at the November 7, 2006 General Election.
3. Subsequent City of Newport Beach (City) staff review of the Land Use Element and
Newport Coast Local Coastal Program has resulted in the identification of an error
related to the allowed square footage specified in Table L2 — Anomaly Locations and
specifically Anomaly Number 60 in Newport Coast.
4. The comprehensive update effort that led to the adoption of the 2006 General Plan did
not contemplate, study, or include changes to the development capacity in the
Newport Coast Planned Community (Newport Coast). Instead, the 2006 General Plan
carried forward development intensity allowed by the City's pre-2006 General Plan and
the Newport Coast Local Coastal Program. Additionally, no reductions or increases to
development allocation identified in the pre-2006 General Plan or Newport Coast
Coastal Land Use Plan for the Newport Coast Planned Community were analyzed in
the 2006 General Plan Update Final Environmental Impact Report (SCH# 200611119).
5. Furthermore, the Newport Coast Annexation and Development Agreement
(Agreement) requires the City to adopt and maintain during the term of the Agreement,
general plan and zoning designations for Newport Coast that are essentially identical
to the Newport Coast Local Coastal Program, general plan, and zoning designations
adopted by the County of Orange (County) and were in effect at the time the
Agreement became effective.
6. Section 8 of City Council Resolution No. 2006-76 and City Council Policy K-1 (General
Plan — Manner of Adoption and Amendment) direct the Planning Division to correct
errors of fact including scribe's errors, calculations and errors of fact, and report the
revision to the Planning Commission for affirmation.
7. The Planning Commission considered and discussed the proposed revisions prepared
by the Planning Division at its regularly scheduled meeting on May 21, 2015. The
11
Planning Commission Resolution No. ##
Page 2 of 6
Commission directed staff to further research the issue including consulting with the
County to verify development capacity and the existing development since the County is
responsible for administration and issuance of development approvals and permits for
the properties covered by this correction.
8. City staff consulted with the County, and the County has provided written documentation
which states for Newport Coast: 1) the total allowed development capacity, and 2) the
total remaining unbuilt intensity; the County's correspondence is attached to this
resolution and incorporated herein by reference.
9. Based upon City staff's review of the County's correspondence, there is an error in fact
between development capacity in Newport Coast in the 2006 General Plan and the
actual development capacity as provided by the County.
10. City staff based upon the authority provided by Section 8 of City Council Resolution No.
2006-76 and City Council Policy K-1, has corrected the error in fact in General Plan
Table L2 — Anomaly Locations and specifically Anomaly Number 60 in Newport Coast,
and now seeks the affirmation of the Planning Commission.
11. The Planning Commission has reviewed the information provided by the County and the
corrections made by City staff and hereby confirms the correction of the error in fact
related to Anomaly No. 60 in Table L2 — Anomaly Locations in the General Plan Land
Use Element.
12. The Planning Commission considered and discussed the proposed corrections prepared
by the Planning Division at its regularly scheduled meeting on October 6, 2016.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This action is covered by the general rule that the California Environmental Quality Act
(CEQA) applies only to projects that have the potential for causing a significant effect on the
environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty
that there is no possibility that this activity will have a significant effect on the environment.
Therefore, this activity is not subject to CEQA.
SECTION 3. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby affirms that the corrections
made by City staff and identified in Exhibit A, attached hereto and incorporated herein by
reference, meets the intent of Section 8 of City Council Resolution No. 2000-76 and in City
Council Policy K-1 (General Plan — Manner of Adoption and Amendment). Thus, the Planning
Commission affirms City staff's correction of the errors in fact.
12
Planning Commission Resolution No. ##
Page 3 of 6
PASSED, APPROVED, AND ADOPTED THIS 6th DAY OF OCTOBER, 2016.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Kory Kramer, Chairman
BY:
Peter Zak, Secretary
Exhibits:
Exhibit A: Table LU2 —Anomaly 60 Correction
Exhibit B: Land Use Element Map Depicting Location of Anomaly 60
Exhibit C: County of Orange Letter Dated September 6, 2016
13
Planning Commission Resolution No. ##
Page 4 of 6
EXHIBIT "A"
Table LU2 - Anomaly 60 Correction
Table LU2 Anomaly Locations
Anomaly Statistical Land Use Development Development Additional
Number Area Designation Limit(so Limit Other Information
2,150 Hotel Rooms
(2,960,000 square feet for
hotel rooms and related Newport Coast LCP
60 N CV 3,035,000 commercial uses identified
in Newport Coast LCP) Planning Area 13
75,000 square feet for Day
Use Commercial
61 N CV 125,000 Newport Coast LCP
Planning Areas 313 and 14
�1
Planning Commission Resolution No. ##
Page 5 of 6
EXHIBIT "B"
Land Use Element Map Depicting Location of Anomaly 60
2�
llaall � /�� I�_� .
� � �. � _ �i7 ,�� �f
1
� (}}
i '
� �»
_ � �
��� �;, � � ( ' J�
-�,
��
,_ ' �' �
� �
l
�` --
- .. ..
.,,
Planning Commission Resolution No. ##
Page 6 of 6
EXHIBIT "C"
County of Orange Letter Dated September 6, 2016
PublileWorks
Integrity, Accountability, Service, Trust
Shane L Silsby, Director
September 6, 2016
Kimberly Brandt, Community Development Director
City of Newport Beach
100 Civic Center Drive
Newport Beach,CA 92660
Dear Ms. Brandt:
As you are aware,the County of Orange(County) has been working with the City of Newport Beach (City)
to provide input related to the 1996 Newport Coast Local Coastal Program, Second Amendment (LCP),
which is administered by the County under special legislation adopted by the California Legislature
(Public Resources Code §30519.2). Previously,the City requested a summary of the total development
intensity allowed under the LCP. Please refer to the letter to you dated October 5, 2015 (attached) which
included the following table that identified the development intensity for the Planning Areas (PA) 13, 14
and the non-residential portion of 313 of 3,035,000 square feet.
As previously detailed,the LCP allocated a total of 2,660,000 square feet for hotel rooms and 75,000
square feet of day use commercial to PA 13.Within PA 14 the allocation included 300,000 square feet for
hotel rooms and 25,000 for day use commercial.1 The non-residential portion of PA 3B included an
additional 100,000 of day use commercial.A 2001 boundary adjustment between PA 3B and 14
combined the day use commercial intensity,and 300,000 square feet was transferred from PA 14 into PA
13.The resulting intensity for PAs 13, 14 and 313 are as follows:
Newport Coast LCP, Second Amendment—Development Intensity 2001
Day Use
LCP Planning Area Hotel Rooms Commercial Total
PA 13 2,150 75,000 3,035,000
(2,960,000)
PA 14 --- 25,000
PA 313(Non-Residential) Crystal Cove Shopping --- 100,000 125,000
1 Center
i
t Day Use Commercial Square Footage is independent of,and in addition to the hotel room square footage
consistent with LCP Section 1-4.A.1.b.
300 N. Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com
P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 1 Info@OCPW.ocgov.com
28
Since the October 2015 letter,the City requested verification of the existing floor areas as they relate to
the total development limits allowed under the LCP for PA 13, including the Newport Coast Marriott
(Marriott) and the Pelican Hill Resort (Pelican Hill). In verifying the existing floor areas for Marriott and
Pelican Hill, County staff researched their Automated Permit Processing System (APPS) permit
descriptions, maps, and aerial photo records, conducted site surveys, and spoke with hotel staff. The
results of their research are summarized by resort and tract in the tables below.The data in the tables
represents the floor areas for the principal and accessory uses including accommodations, resort
facilities, and the golf course clubhouse, but excludes parking facilities consistent with Section 1-4.A.1.b of
the LCP. A detailed breakdown of this square footage is attached for reference.
PA 13A, 13B-Newport Coast Marriott
Hotel Square Accessory
Tract Hotel Rooms Footage Structures Total
15697 134 219,154 64,507 283,661
16165 215 356,500 0 356,600
16164 124 194,713 3,056 197,769
15157 223 308,518 16,654 325,172
Total 696 1,078,885 184,217 1,163,102
PA 13C, 13D, 13E, 13F-Pelican Hill Resort
Hotel Square Accessory
Tract Hotel Rooms Footage Structures Total
16568 204 172,804 335,849 508,653
16566 152 180,292 20,694 200,986
14131 O 0 50,914 50,914
16567 52 102,648 19,994 122,642
Total 408 455,744 427,451 883,195
As presented in the following table,the existing intensity within PA 13, including accommodations, resort
facilities, accessory uses, and the golf course club house is 2,046,297 square feet and 1,104 hotel rooms.
The remaining unbuilt intensity is 988,703 square feet and 1,046 hotel rooms.
Summary-Existing and Remaining
PA 13 Hotel Rooms Square Footage
Marriott 696 1,163,102
Pelican Hill 408 883,195
Day Use Commercial --- 0
Existing Intensity 1,104 2,046,297
LCP Maximum 2,150 3,035,000
Remaining Intensity 1,046 988,703
300 N. Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com
P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 1 Info@OCPW.ocgov.com
29
If you have any questions, please feel free to contact me at(714) 667-8860 or by e-mail at
Colby.Cataldi@ocpw.ocgov.com.
Sincerely,
Colby Cataldi
Deputy Director of OC Public Works/Development Services
Attachments: County Development Intensity Letter, 10/5/15
Hotel Room/Floor Area Breakdown
300 N.Flower Street,Santa Ana,CA 92703 www.ocpubllcworks.com
P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 1 Info@OCPW.ocgov.com
20
Attachment No. PC 2
Planning Commission Minutes — May 21,
2015
21
V�
QP
�P
NEWPORT BEACH PLANNING COMMISSION MINUTES 5/21/15
VIII. CURRENT BUSINESS
ITEM NO. 5 GENERAL PLAN LAND USE ELEMENT CORRECTION—NEWPORT COAST(PA2006-159)
Citywide
Deputy Community Development Director Wisneski provided a brief staff report addressing staffs discovery
of an error in the Land Use Element, specifically related to Anomaly No. 60. She addressed background,
coordination efforts with SPON, engaging the County of Orange to ensure they concur with staffs
conclusions and the request to continue the matter to a date, uncertain.
In response to Chair Tucker's inquiry, Deputy Community Development Director Wisneski reported that City
Staff would like to verify with the County the amount of square footage associated with the number of hotel
rooms currently located in Anomaly No. 60.
Chair Tucker addressed square footages associated with various areas. He noted that the rights to the
entitlements are administered by the County of Orange.
Deputy Community Development Director Wisneski addressed the County's responsibilities and the City's
responsibilities and obligations.
In response to Commissioner Koetting's inquiry, Deputy Community Development Director Wisneski explained
that the Local Coastal Program identifies 2,150 hotel units in the area. She added the remaining development
capacity is 1,001 hotel rooms.
Chair Tucker opened public comments.
Jim Mosher thanked staff for explaining the details of the matter to several members of the public. He agreed
with the recommendation to continue the item. He hoped that when the matter returns to the Planning
Commission, it will return in a different form than what was presented at this time. He addressed consistency
with the County's plan.
Chair Tucker closed public comments.
Chair Tucker reported receiving emails and noted he does not see this as an attempt to approve development
that was rejected by the voters. He added it has nothing to do with Measure Y and believes that the Planning
Commission is the right place to resolve corrections and stated that more time is necessary to understand the
matter before reaching a conclusion.
Motion made by Chair Tucker and seconded by Commissioner Brown to continue the aforementioned item to a
date, uncertain.
AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Myers and Tucker
NOES: None
ABSTENTIONS: None
ABSENT: None
ITEM NO. 6 CAPITAL IMPROVEMENT PROGRAM OVERVIEW
Citywide
City Traffic Engineer Tony Brine provided a PowerPoint presentation addressing a summary of the 2015/2016
CIP program including the various categories and related projects within each. He highlighted specific projects
under facilities/buildings, Park Avenue Bridge on Little Balboa Island, other street improvements, replacement of
landscaping with synthetic turf, the Big Canyon Rehabilitation Project, the Newport Boulevard water main
replacement, East Coast Highway traffic signal rehabilitation, 15th Street Balboa reconstruction and rebuilding
the medians on Balboa Boulevard.
Page 5 of 6
�3
V�
QP
�P
Attachment No. PC 3
City Council Resolution No. 2006-76 (2006
General Plan Update)
25
V�
QP
�P
RESOLUTION NO. 2006-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ADOPTING AN AMENDMENT TO
COMPREHENSIVELY UPDATE THE CITY'S GENERAL
PLAN [PA2006-195]
WHEREAS, Section 65300 et seq., of the California Government Code
authorizes cities and counties to prepare long-range, comprehensive guides
known as General Plans; and
WHEREAS, the City of Newport Beach adopted a General Plan consisting
of mandatory and optional elements in 1973 through 1975, consisting of text and
maps; and
WHEREAS, the last major revision of the City of Newport Beach General
Plan was accomplished in 1988, being comprehensive revisions to the Land Use
and Circulation Elements; and
WHEREAS, other elements have been amended and updated from time
to time, including the Housing, Noise, and Recreation and Open Space
Elements; and
WHEREAS, since its original adoption, two optional elements have been
added to the General Plan, being the Growth Management and Harbor and Bay
I Elements; and
WHEREAS, the City Council has determined that the existing General
Plan, as amended, must be revised to sufficiently address the range and breadth
of issues, technological, environmental, economic, and demographic changes
that have affected Newport Beach since the plan was adopted; and
WHEREAS, subsequent analyses prepared by both the Planning
Department and its consultants demonstrated that the City's General Plan
required many other technical modifications; and
WHEREAS, on May 23, 2000, the City Council initiated the
comprehensive revision of Newport Beach's General Plan by establishing the Ad
Hoc General Plan Update Committee to guide the process of the General Plan
update; and
WHEREAS, the City subsequently initiated a wide-ranging, five-year
citizen participation program including a comprehensive Visioning Program, the
on-going participation of the General Plan Advisory Committee and four
community-wide workshops; and
2
Page 2 of 8
WHEREAS, the Visioning Program was comprised of a Visioning Festival
held on January 12, 2002, nine neighborhood workshops held over successive
weeks in March and April, 2002, a newsletter mail-back questionnaire, website
questions and a statistically valid survey conducted in October, 2002, and the
concluding Visioning Summit; and
WHEREAS, the General Plan Advisory Committee was established in
April, 2001, and was appointed in January, 2002; was comprised of 38 members
representing a cross-section of the community; and was involved at all steps in
the General Plan Update process, including over 50 meetings and three
community-wide workshops; and
WHEREAS, Section 707 (a) of the Newport Beach Charter requires the
Planning Commission to recommend to the City Council the adoption,
amendment or repeal of a Master Plan, or any part thereof, for the physical
development of the City; and
WHEREAS, California Government Code Section 65353 requires that,
when local regulations have authorized a Planning Commission to review and
make recommendations on a proposed General Plan or amendments to a
General Plan, the Commission shall hold at least one public hearing before
making its recommendation; and
WHEREAS, the Planning Commission conducted a series of meetings to
make recommendations on the project description on which to base the
Environmental Impact Report on the following dates:
September 9, 2004
December 9, 2004
May 19, 2005
June 9, 2005
August 16, 2005— Adjourned Meeting
August 30, 2005 —Adjourned Meeting
November 17, 2005
WHEREAS, the Planning Commission also conducted a series of
meetings to make recommendations to the City Council on the policies to be
included in the various elements of the General Plan on the following dates:
March 3, 2005
October 4, 2005—Adjourned Meeting
October 20, 2005— Adjourned Meeting
October 20, 2005
November 29, 2005— Adjourned Meeting
December 6, 2005— Special Meeting
January 31, 2006 — Adjourned Meeting
March 9, 2006
28
Page 3 of 8
WHEREAS, the Planning Commission considered public testimony in a
series of public hearings which were fully noticed as required by California
Government Code Section 65090 on the following dates:
April 6, 2006
April 20, 2006
May 4, 2006
May 18, 2006
June 1, 2006 —Adjourned Meeting
June 15, 2006 — Special Meeting
June 22, 2006
July 6, 2006
July 13, 2006 —Adjourned Meeting
July 20, 2006
WHEREAS, the Planning Commission recommended approval of the draft
comprehensive General Plan and the accompanying Final Environmental Impact
Report; and
WHEREAS, the City Council conducted a series of meetings and gave
staff direction on the project description on which to base the Environmental
Impact Report on the following dates:
September 14, 2004
December 14, 2004 —Study Session
January 11, 2005 — Study Session
April 24, 2005
June 28, 2005 — Study Session
August 16, 2005 — Special Meeting
August 30, 2005 —Adjourned Meeting
September 13, 2005
October 4, 2005 —Adjourned Meeting
WHEREAS, the City Council also conducted a series of meetings and
gave staff direction on the policies to be included in the various elements of the
General Plan on the following dates:
October 4, 2005 —Adjourned Meeting
October 25, 2005 — Study Session
November 8, 2005
November 22, 2005 — Study Session
November 29, 2005 —Adjourned Meeting
December 7, 2005 — Special Meeting
January 24, 2006 — Study Session
January 31, 2006 —Adjourned Meeting
I
�q
i
Page 4 of 8
WHEREAS, the City Council considered public testimony in a series of
public hearings which were fully noticed as required by California Government
Code Section 65090 on the following dates:
April 11, 2006
April 25, 2006
May 9, 2006
May 23, 2006
June 13, 2006
June 27, 2006
July 11, 2006
July 25, 2006
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach as follows:
A. COMPREHENSIVE GENERAL PLAN
SECTION 1. Adoption of Draft General Plan. The City Council HEREBY
APPROVES and ADOPTS the comprehensive revision of the Newport Beach
General Plan (PA 2006-195, GP2006-005), including text, graphics, and land use
map as presented at the public hearing of July 25, 2006. The City Council
FURTHER DECLARES as follows:
a. Finding of Completeness and Adequacy. The adopted General Plan
contains a thorough and adequate treatment of land use and development
issues. The General Plan includes all elements mandated by California
planning and development law, and three optional elements: Harbor and
Bay, Historical Resources, and Arts and Cultural. The existing Growth
Management Element has been incorporated into the Circulation Element.
b. Promotion of Public Health, Safety, and Welfare. The plan addresses
long-term planning needs for the City's public safety services,
incorporating new policies regarding police, fire and emergency services
protection, coastal hazards, seismic and geologic hazards, flood hazards,
fire hazards, hazardous materials, aviation hazards, and disaster
preparedness.
C. Based on Community Vision. The plan is based on input received from
residents and property and business owners during the visioning and
update processes, and the Vision Statement developed at the culmination
of the visioning process.
d. Good City Planning Practices. The plan calls for improvements in the
handling of new development by requiring a high level of architectural
design quality, traffic and transportation management, and other
initiatives. The plan increases open space and recreation opportunities,
30
i
Page 5 of 8
recommends traffic calming and neighborhood protection strategies, and
offers new policies for the first time in the areas of historical resource
management, community arts and cultural resources and community
design. The plan also increases housing opportunities in close proximity to
and within employment centers, which will reduce traffic within the
community, reduce vehicle mines traveled and improve jobs/housing
balance. The plan provides a strong correlation between the Land Use
and Circulation Elements as required by law. It also strengthens
protections for environmental resources, including the Upper Newport Bay
and other sensitive habitats.
e. Improved Traffic Flow. The land use mix and circulation system
improvements in the plan result in the generation of fewer trips over the
life of the plan than the existing plan, and an improvement in traffic flow
and intersection performance.
f. Relationship to General Plan Environmental Determination. It is the intent
of the Council that the General Plan update and the Final Environmental
Impact Report be seen as integrally related documents.
1 . The City Council DECLARES that the issues and concerns analyzed in
the Final EIR have been addressed in the General Plan as policies
designed to address those issues and concerns.
2. The City Council DECLARES that adoption of this General Plan and
Final EIR does not preclude the necessity or requirement for any
further environmental review which would normally be conducted in
conjunction with project approvals under the City of Newport Beach
policies regarding the implementation of the California Environmental
Quality Act.
SECTION 2. Consistency with Recent Statutes. In adopting this General
Plan, the City Council HEREBY FINDS, DETERMINES, and DECLARES that
every reasonable effort has been made to incorporate recent legislation into the
General Plan. This includes the incorporation of specific provisions, goals,
objectives and policies as follows.
a. Water. This includes water supplies, stormwater management and
groundwater issues as required by recent legislation.
b. Social Services and the Homeless. The General Plan, as adopted by
Council, contains a series of specific objectives and policies with respect
to the provision of social services and the homeless as provided by
relevant provisions of State law.
C. Environmental Review. The adopted General Plan is consistent with the
provisions of Assembly Bill 3180 (1988) in that it incorporates specific
31
Page 6 of 8
mitigation measures directly in the draft General Plan as policy. The
Council DECLARES that the Planning Director or his/her designee shall
be the primary party responsible for successful completion of the policies
specified in the plan. The Planning Department shall file an annual report
with the City Council demonstrating progress toward implementation of the
plan.
d. Housing. The General Plan, through its housing element, provides
objectives, quantified targets; and specific policies for development of
municipal housing programs consistent with State law. The Housing
Element has been previously certified by the California Department of
Housing and Community Development, and the updated element will be
submitted for their review. The updated housing element contains
substantially the same policies as the certified element, but significantly
increases the number of sites available for residential development which
improves the City's ability to fulfill a level of housing production needed to
meet the existing and future RHNA goals for the term of the plan.
SECTION 3. Consistency with Regional Plans. The City Council FINDS
and DECLARES that through its efforts to reduce vehicle trips, promote
walkability, preserve and protect critical watercourses and embrace sustainable
technologies, the plan is consistent with:
a. The regional Air Quality Management Plan of the South Coast Air Quality
Management District;
b. The Southern California Association of Governments Regional
Comprehensive Plan,
C. Applicable adopted Airport Land Use Plan for John Wayne Airport.
SECTION 4. Public Comment. The City Council AFFIRMS that it
considered, to the best of its ability, all public testimony and all relevant
information provided to it; and that the General Plan adopted by this resolution
represents its best effort to accommodate the diverse and competing needs of
residents, property owners, and social and economic components of the City's
population and workforce.
B. IMPLEMENTATION OF THE PLAN
SECTION 5. Effective date- Voter Approval. The City Council HEREBY
DIRECTS that the General Plan approved by this Resolution shall become
effective in its entirety immediately upon voter approval of the Land Use Plan and
Land Use Tables adopted as part of the Land Use Element of the General Plan
which shall be submitted to the voters on November 7, 2006 as required by
section 423 of the Newport Beach City Charter. The City Council may amend any
32
Page 7 of 8
section or provision of the General Plan other than a future initiated major
amendment requiring voter approval pursuant to Charter section 423.
SECTION 6. Notification of Public Agencies: Transmittal of Adopted
Plans. The City Council HEREBY DIRECTS the City Clerk to transmit one copy
of the approved plan to the following state, regional, and county agencies as
provided by law:
Air Resources Board
California Department of Transportation
Division of Mines and Geology
Department of Housing and Community Development
Governor's Office of Planning and Research
Southern California Association of Governments
Regional Water Quality Control Board, Santa Ana Region
South Coast Air Quality Management District
Orange County Transportation Authority
County of Orange, Planning and Development Services Department
SECTION 7. Direction to Prepare and Publish. The City Council
HEREBY DIRECTS the Planning Director or designee to publish a revised
edition of the General Plan containing all final revisions as bound in the copy on
file with the Council and presented at the public hearing of July 25, 2005. Copies
of this resolution shall be bound into the final General Plan.
SECTION 8. Authority to Incorporate Corrections. The City Council
HEREBY DIRECTS that, given the size and complexity of the document, the
General Plan text, exhibits, figures and plan map may be corrected without
further amendment. This provision applies only to errors of fact, language
consistency between elements and policies, calculations and/or scribe's errors.
All revisions made pursuant to this section shall be reported to Planning
Commission for affirmation.
SECTION 9. Annual Report. Consistent with the provisions of State law,
the Planning Department shall file an annual report with the City Council
demonstrating the status of the General Plan and its implementation. Upon
receipt and action by the City Council, one copy shall be transmitted to the State
Office of Planning and Research.
SECTION 10. Zoning Ordinance Revisions. The City Council HEREBY
DIRECTS the Planning Department to begin the preparation of revised zoning,
subdivision and other ordinances necessary to implement the new General Plan.
The City Council anticipates that pending adoption of such ordinances, persons
may apply for City development permits requiring a finding of consistency with
both the General Plan and zoning regulations. The Planning Commission,
Planning Director and Zoning Administrator shall be authorized to consider such
I
33
Page 8 of 8
requests within the limitations of the revised General Plan and existing
ordinances.
SECTION 11. Primacy of General Plan. The City Council HEREBY
FINDS, DETERMINES, and DECLARES that once effective, the revised General
Plan represents the City's officially adopted policy for the growth, land use,
development, and protection of Newport Beach. Except as provided in section
10, In the event that the General Plan is found to conflict with any City statute,
ordinance, policy, rule, regulation, or action, it is the intent of the City Council that
the General Plan shall have precedence.
SECTION 12. Statement Concerning Vested Development Rights The
City Council HEREBY FINDS, DETERMINES and DECLARES that adoption of
this General Plan provides no vested rights with respect to any preceding
General Plan or zoning ordinance, to any owner of property not expressly
protected by an existing development agreement, land use agreement,
settlement agreement or similar tool, reviewed and approved by the City Council
prior to the effective date of this plan.
SECTION 13. Severability. The City Council HEREBY FINDS and
DECLARES that it has adopted this General Plan in its entirety. In the event that
any court of competent jurisdiction declares any part of this General Plan to be
null and void, the remaining portions shall remain in full force and effect. The
City Council declares that it adopted this General Plan as if it had adopted each
phrase, sentence and element thereof separately.
SECTION 14. Passage and Adoption. The Mayor shall sign, and the City
Clerk shall certify to the passage and adoption of this Resolution, and thereupon
the same shall take effect and be in force.
APPROVED AND ADOPTED this 25th day of July, 2006, by the City
Council of the City of Newport Beach, California.
( D a
MAYOR
ATTEST::
0 6�� //y�i / • bl�
CITY CLERK
31{
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2006-76 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
25th day of July 2006, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Mayor Webb
Noes: Nichols
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affied the
official seal of said City this 26th day of July 2006.
//&/Tt-/
4&422
City Clerk
Newport Beach, California
W�(Seal)
c,1117ow"1135
V�
QP
�P
3C
Attachment No. PC 4
City Council Policy K-1
37
V�
QP
�P
3g
K-1
GENERAL PLAN
MANNER OF ADOPTION AND AMENDMENT
The General Plan or any part or element thereof, and any amendment to such plan or
any part or element thereof, shall be adopted in the following manner:
A. Public Hearing-Planning Commission.
The Planning Commission shall hold at least one public hearing before
approving a General Plan or any part or element thereof, or any amendment to
such plan or any part or element thereof. Advanced notice of the hearing and
the procedures for the conduct of the hearing shall be the same as those required
by the Zoning Code for a code amendment.
B. Approval by Planning Commission - Resolution. The approval by the Planning
Commission of the General Plan or any part or element thereof, or any
amendment to such plan or any part or element thereof, shall be by the adoption
of a resolution, endorsed by the chairman and Secretary of the Commission and
transmitted to the City Council.
C. Public Hearing - City Council. Before adopting the General Plan or any part or
element thereof, or any amendment to such plan or any part or element thereof,
the City Council shall hold at least one public hearing. . Advanced notice of the
hearing and the procedures for the conduct of the hearing shall be the same as
those required by the Zoning Code for a code amendment.
D. Referral of Proposed Changes Back to Planning Commission. In adopting a
General Plan or any part or element thereof, or any amendment to such plan or
any part or element thereof, which has been approved by the Planning
Commission, the City Council shall consider the recommendation of the
Planning Commission. If the City Council intends to make major changes and
take an action not considered by the Planning Commission, the changes shall be
referred back to the Planning Commission for its recommendation. Planning
Commission consideration of an alternative shall be construed liberally so as to
allow the City Council to act on any one of a range of alternatives generally
considered by the Planning Commission. The Planning Commission shall report
back to the City Council with their recommendation on the proposed changes
within 45 days.
1
S9
K-1
E. Adoption by City Council - Resolution. The adoption of the General Plan or any
part or element thereof, or any amendment to such plan or any part or element
thereof, shall be by resolution.
AMENDMENT PROCEDURES (GENERAL PLAN)
City Amendments
A. City-sponsored amendments to the General Plan shall be initiated by the City
Council.
B. In initiating action to amend the General Plan, the City Council shall direct the
Planning Commission to set public hearings for such amendments as it deems
appropriate.
C. Prior to making its recommendation on the proposed General Plan amendments,
the Planning Commission may do such research as it deems necessary to
establish whether the proposed amendment warrants approval.
Property Owner Amendments
A. Property owners may apply for an amendment to the General Plan, limited to
changes to the land use designation and/or development limit for their property.
Such request shall be made by the filing of an application on a form prescribed
by the Planning Director along with the fee established by the City Council. If
property that is the subject of an application is in more than one ownership, all
the owners shall join in filing the application. The request should clearly set forth
the reason for which the request is made and should contain information
substantiating the need.
Exception
Pursuant to Section 8 of City Council Resolution No. 2006-76, errors of fact, language
consistency between elements and policies, calculations and/or scribe's errors in the
General Plan text, exhibits, figures and plan map may be corrected without further
amendment. All revisions made pursuant to Section 8 shall be reported to Planning
Commission for affirmation.
2
40
K-1
Adopted- April 22, 1974
Amended-June 23,1980
Amended-November 23,1981
Amended-November 22,1982
Amended-November 27, 1989
Amended-January 24, 1994
Amended-February 26, 1996
Amended - May 8, 2001
Amended - April 13, 2004
Amended - August 11, 2009
Amended - September 27,2011
Formerly Q-1
3
41
V�
QP
�P
Attachment No. PC 5
Annexation and Development Agreement
- Section 3 (Excerpt)
4s
V�
QP
�P
3. PRE-ANNEXATION OBLIGATIONS AND COMMITMENTS.
3.1 Annexation of Property. Consistent with and subject to the terms
and conditions of this Agreement and specifically this Subsection, CITY
may, in one annexation proceeding or several annexation proceedings,
annex the Property under such conditions as are imposed by or through the
Orange County Local Agency Formation Commission and reasonably
acceptable to OWNER. Conditions shall be deemed to be reasonably
acceptable to OWNER unless the conditions impair or interfere with
OWNER's rights to develop or materially increase the cost of development.
OWNER's consent to annexation of all or a portion of the Property is
contingent on, and OWNER has reasonably relied on, CITY's commitments
in Section 3 and 4 of this Agreement.
3.1.1 Annexation Before Project Completion. OWNER will support
CITY's annexation of the Property in its entirety before project
completion, provided that the Property may be fully developed
to the full extent permitted in the Development Plan and as
evidenced by satisfaction of each of the following conditions:
(a) The Legislature has approved, and the Governor has
signed, legislation that clarifies provisions of the Coastal Act
such that annexation of the Property (1) will not alter or affect
the validity and enforceability of the Newport Coast Local
Coastal Program, Second Amendment, including any
amendments applicable to the Property and any related
coastal development permits; or (ii) deprive the County of
authority to issue coastal development permits pursuant to
the terms of this Agreement, any ordinance, joint powers
agreement, or other mechanism that confers municipal land
use authority to the County after annexation and the Newport
Coast Local Coastal Program, Second Amendment or any
subsequent amendments that are certified by the California
Coastal Commission;
(b) The City adopts, and maintains during the term of this
Agreement, general plan and zoning designations for the
Property that are essentially identical to the Newport Coast
Local Coastal Program, general plan and zoning designations
adopted by the County and in effect as of the Effective Date.
(c) The City authorizes County to retain all municipal land use
authority (including the issuance of building and grading
permits) to the County pursuant to a cooperative agreement
Page 9 of 23
45
V�
QP
�P
Attachment No. PC 6
Cooperative Agreement
47
V�
QP
�P
�g
I
i
COOPERATIVE AGREEMENT
THIS COOPERATIVE AGREEMENT ("Agreement"), dated October 9, 2001 for purposes
of identification, between the COUNTY OF ORANGE ("County") and the CITY OF
NEWPORT BEACH ("City") is based on following:
i
RECITALS I
WHEREAS, the City is in the process of annexing approximately 7,799 acres of property
commonly known as the Newport Coast (Property). The Property, which is described. in
Exhibit A and depicted in Exhibit B, is currently in the unincorporated area of County and
was wholly owned by The Irvine Company (Company) during the planning for I
development, j
s
WHEREAS, the County for thirty rly (30) years, planned,for the development and use of
the Property and related infrastructure. The manner and timing of the development of the
Property is an extremely complex issue that has been subject to intense public scrutiny
and participation. The development of the Property is the subject of numerous
agreements and planning documents and is a matter of regional importance. The
following are examples of the complexity of the issues resolved through the planning
process, relevant planning documents and the many agreernbrits that protect the interests
of the public and the Company:
A. The County and the California Coastal Commission have ensured preservation of
that valuable habitat by requiring dedication to public agencies subject to
Company's right and ability to develop portions of the Property in accordance with
the Development Plans and Development Approvals. The County, in planning the
Property, has identified significant portions of the Property that contain. valuable
habitat that is of regional significance and is, or is intended to be, designated as
partof the. Natural Communities Conservation Plan for the Central and Coastal
Subregions of Orange County (NCCP). The NCCP . is a complex agreement
between property owners (including the Company) and' public agencies (including
the County) to ensure the preservation of large contiguous areas of habitat for
endangered species.
B.. _ The Company has constructed or contributed to the construction of public
improvements on, or in the vicinity of, the Property that serve regional
transportation demand and that are vital to the regional transportation system.
These improvements, many of which have been constructed at the sole cost of the
Company, have been made in consideration of the right to develop the Property in
conformance with the Development Plan. These improvements include the
1 construction of Newport Coast Drive, the extension of San Joaquin Hills Road, the
f .
Cooperative Agreement
1 of 30
widening of Pacific Coast Highway, and participation in the construction of the San
Joaquin Hills Transportation Corridor,
WHEREAS, the County has adopted, and the California Coastal Commission has
approved or certified, a Local Coastal Program (LCP), Master Coastal Development
Permit (MCDP) and other documents governing development of that portion of the
Property that is subject to the California Coastal Act ("Coastal Zone Area"). State law
provides that, under the circumstances present in this case, the County retains jurisdiction
to issue coastal development permits for the Coastal Zone Area subsequent to City's
annexation of that portion of the Property.
WHEREAS, the County and the Company have entered into a comprehensive
Development Agreement (DA) for the Property that, among other things, serves as a
mechanism for ensuring that the public receives the full benefits, including the dedication
of valuable habitat, that will result from development of the Property. In addition to the DA,
the County and the Company are signatories to the NCCP.
WHEREAS, the NCCP and the Development Approvals for the Property prepared by or on
behalf of the County represent an extremely complex and integrated plan for the
preservation and development of the Property. The administration and implem6ntation of
these Development Approvals and the NCCP requif'es a-level of staffing, expertise,
knowledge and experience that can only be found in the County employees and officials
that have been intimately involved in the planning process. The failure to properly
administer or implement the NCCP and/or the Development Approvals could deprive the
public of the benefits of the proposed dedications of valuable habitat or interfere with the
development rights of landowners that are preconditions to the dedication of open space.
WHEREAS, City has adopted general plan and zoning designations for the Property, and
approved 'an Annexation and Development Agreement (ADA) with Company to ensure
that annexation of the Property does not prevent or delay the proposed dedications of
valuable habitat or development
elopment of the Property to the full extent permitted by the
Development Plan and Development Approvals. the ADA! is incorporated herein b
reference. However, City does not presently have staff sufficient to administer or
implement the Development Approvals or the Development Plan. City and County intend,
through this Agreement to transfer to the County, upon annexation of the Property, the
responsibility for processing all permits and approvals necessary to facilitate the habitat
dedications and development consistent with the Development Plan. Accordingly, the City
will, immediately upon annexation, provide the entire Property with fire, police and refuse
collection as well as other municipal services except those transferred' to the County
pursuant to this Agreement. The City will assume tAe provision of land use and code
enforcement services within each Planning Area when that Planning Area. is Fully
Improved.
Cooperative Agreement
2 of 30
�. ....."... ___. _..... ....... _._.__. _..-_
WHEREAS, City and County are public'entities possessing the common power to review
and approve applications for administrative and ministerial permits for development,
including coastal development permits; subdivision maps, conditional use permits, grading i
permits and building permits, and approvals related to the planning for, and development
of, real property. City and County also have the common power to accept dedications for
open space or habitat protection, to develop and maintain recreational facilities and to
create and administer assessment districts pursuant to provisions of State and/or local
law. Government Code Sections 51300 et seq. authorize a county to contract with a city
for the performance of municipal functions common to both agencies by designated
county officers and employees. This Agreement fully complies with all State statutory and
constitutional provisions related to the transfer of municipal functions from a city to a
county.
r
WHEREAS, this Agreement achieves the objectives of the Parties, such as the efficient
implementation and administration of the Development Approvals and Development Plan,
by authorizing the County to exercise all land use and building authority of the City relative
to each Planning Area upon annexation and until a Planning Area is fully improved. This
Agreement also will ensure Company's consent to proceed with.the immediate annexation
of the entire Property in accordance with the requirements of the ADA. This Agreement is
consistent with provisions of State law, specifically SB 516, that require implementation of
a certified local coastal program by a county with respect to property annexed by a city !
that does not have a fully certified local coastal plan. Finally, this Agreement will provide a
vehicle for ensuring that all conditions to development are satisfied and that any proposed
modification to any Development Approval or the Development Plan not impair or affect .
the right of the Company to develop the Property to the full extent permitted by the
Development Approvals and Development Plan.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
and for other good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the Parties agree as follows: _
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. This Agreement uses a number of terms having specific
meanings, as defined below. These specially defined terms are
distinguished by having the initial letter capitalized, or all letters capitalized,
when used in the Agreement. The defined terms include the following:
Cooperative Agreement
3 of 30
1.1.1 "ADA" means the Annexation and Development Agreement entered
into by and between City and Company on August 23, 2001.
1.1.2 "Agreement" means this Cooperative Agreement.
1.1.3 "Coastal Zone Area" means that portion of the Property subject to the
California Coastal Act (Public Resources Code §30000 at sep).
1.1.4 "City' means the City of Newport Beach,
I
I
1.1.5 "Company' means individually and collectively The Irvine Company
and Irvine Community Development Company, and, where
appropriate in context, their respective successors in interest to all or
any part of the Property.
1.1.6 "County' means the County of Orange, a political subdivision of the
State of California.
1 .1.7 "Development" whether or not capitalized means the improvement of
the Property for the purposes of completing the structures,
improvements and facilities comprising the Project. The term
development includes grading, the construction of infrastructure and
public facilities related to the Project whether located within or outside
the Property, the construction of buildings and structures and the
installation of landscaping and park facilities and improvements. The
term "Development" does mean any building or grading activity within
any Planning Area after that Planning Area. is Fully Improved.
1.1.8 "Development Approvals" means. all permits, licenses,. consents,
rights, and privileges, agreements and other actions that:
(i) are approved by County;
are subject to approval or issuance by County, or
represent agreements between the City and Company that
relate.to Development of the Property.
The term "Development Approvals" includes all actions described
above which are permitted, issued, agreed upon or otherwise taken
before the assumption of land use. authority by the City over a
Planning Area after that Planning Area is Fully Improved.
"Development Approvals" also includes any: modification or
Cooperative Agreement
4 of 30
�2
i
1
i
i
amendment of those actions before the assumption of land use
authority by the City over a Planning Area after that Planning Area is
Fully Improved. The term "Development Approvals" includes
(including any modifications or amendments as described above), but
is not limited to, those Development Approvals shown on Exhibit C
and the following:
I
(a) General plans and general plan amendments;
(b) Specific plans and specific plan amendments;
I
(c) Local Coastal Programs including the Land Use Plan and all
implementing ordinances;
(d) Zoning and rezoning;
i
(e) Tentative and final subdivision and parcel maps;
(f) Variances, conditional use permits, master plans, and plot
plans;
(g) Master Coastal Development Permits and Coastal
Development Permits;
(h) Grading and building permits; and
(i) Development Agreements and Annexation and Development
Agreements.
1.1.9 "Development Plan" means the plan for Development of the Property,
including the planning and zoning standards, regulations, and criteria
for the Development of the Property contained in and consistent with
the Development Approvals. The components of the Development
Plan are more fully described in Exhibit C.
1.1.10"Fully Improved" means that the County has issued certificates of
occupancy (or similar evidence that the all structures have received all
inspections and fully comply with all laws such that there is no further
condition to occupancy) for all development permitted in any Planning
Area pursuant to the Development Approvals and Development Plan.
Cooperative Agreement
5 of 30
I
1.1.11 "Land Use Regulations" means all ordinances, resolutions, codes,
rules, regulations and official policies governing Development and use
of land applicable to the Property pursuant to the Development
Approvals, the Development Plan, this Agreement and the ADA. The
term "Land Use Regulations" includes ordinances, resolutions, rules,
regulations and official policies related to the permitted use of land,
the density or intensity of use, subdivision requirements and the
maximum height and size of proposed buildings. The term "Land Use
Regulations" also includes ordinances, resolutions, rules, regulations
and official policies governing the reservation or dedication of land for
public purposes, and the design, improvement and construction
standards and specifications applicable to the Development of the
Property.
1.1.12"Planning Area"means one of the 22 numbered Planning Areas within
the Property that have been created by the Land Use Regulations,
Development Approvals and/or the Development Plan and that are
depicted in the map attached as Exhibit D. For the purposes of this
Agreement, a Planning Area shall include any lettered divisions of a
Planning Area (for example, Planning Area 21 includes 21-a, 21-b,
and 21-c).
1.1.13"Project' means the Development of the Property consistent with the
Development Approvals, Land Use Regulations and/or Development
Plan.
1.1.14"Property" means the real property described in Exhibit A and shown
on Exhibit B to this Agreement.
1.2 Exhibits. The following documents are attached to, and by this reference
made a part of, this Agreement:
Exhibit A — Legal Description of the Property.
Exhibit B — Map of the Property.
Exhibit C — List of County Development Approvals.
Exhibit D— Map of Planning Areas.
Exhibit E — Orange County LAFCO's Condition Relating to Open Space
Areas.
Cooperative Agreement
6 of 30
Exhibit F — Map of Open Space and Recreational Areas to be Retained by
the County.
1.3 Construction. The word "Include" or any form of the word "include" shall be i.
construed and interpreted to add the phrase "without limitation."
2. OBJECTIVES AND INTENT
2.1 Objectives. The objectives of this Agreement are to:
2.1.1 Ensure that, following annexation of the Property to City, the Property 111,
is developed in substantial compliance with, and to the full extent
permitted by, the Development Approvals and the Development Plan.
2-1.2 Ensure that development of the property proceeds in a manner that
preserves the public benefits associated with the Development
Approvals and Development Plan including the dedication of valuable
habitat and open space.
-2.1.3 Effect a transfer of land use authority from the City to the County upon
annexation with the City to assume land use authority over individual'
Planning Areas when Fully Improved and City is in possession of
necessary planning and building records.
2.1.4 To provide a process for the transfer of documents necessary to City's
assumption of land use authority and a mechanism for facilitating
City's right to monitor development as provided in the ADA.
2.1.5 To preserve County's ownership, after annexation, over open space
and habitat to the extent contemplated by the Development
Approvals, Development Plan and related agreements such as the
NCCIP.
2.1.6 To provide a mechanism for City assumption of title -to certain open
space and for modifying the recreational -facilities and open space
provisions of the Development Approvals and the Development Plan
without impacting Company's development rights, the NCCP or
County's regional park plans,
2.1.7 To provide for the administration of existing assessment districts and
the formation of new or modified districts by County persohnel and
Cooperative Agreement
7 of 30
.............. ----------------------- ---------
........................ ................... ...... ..................
consultants who have previously performed those tasks with respect
to the Property.
2.2. Intent, The Pates, through this Agreement, intend that the County have
and exercise after annexation the same power, right and control over the
administration, approval and implementation of land use, assessment district
and open space/habitat authority over the Property as the County exercised
before annexation. The Parties also intend that the City will assume land
use authority over any Planning Area within twelve (12) months after the
Planning Area is Fully Improved, The Parties also intend that the County
shall exercise land use and other authority in substantial conformance with
the Development Approvals and Land Use Regulations in effect as of the
Effective Date of this Agreement. This Agreement and the ADA shall be
administered, implemented, construed and interpreted in a manner that is
consistent with the Development Approvais, the Development Plan and the
"intent" and "purpose" provisions of this Agreement.
3. AUTHORITY TRANSFERRED TO THE COUNTY
3.1 Transfer of Land Use Authority.
3.1.1 Transfer of Authority. The City transfers to the County, upon
annexation, the power and authority to review, approve, conditionally
approve, modify, amend and/or disapprove Development Approvals
and Land Use Regulations with respect to the Property (Land Use
Authority). This Land Use Authority includes routine code
enforcement, the review and approval of all plans and specifications
for development, the issuance of all grading and building permits, all
inspections of structures and improvements, and the enforcement of
ordinances relating to construction, grading, erosion control and site
cleanup and occupancy.
3.1.2 Conditions. The County shall exercise Land Use Authority in
substantial compliance with: (i) the provisions of the Development
Approvals, Development Plan and the ADA; (!I) conditions imposed by
any State or local agency; and (Iii) legally enforceable restrictions and
limitations on development of the Property.
3.2 Transfer of Open Space and Related Apthority.
3.2.1 Ownership Upon Annexation. The terms and conditions of
annexation imposed by LAFCO state that the City will assume
Cooperative Agreement
8 of 30
.......... ------ .......... . .... .. .......... ................... ....... ----------...................
i �
ownership of all County property upon annexation except as
otherwise provided by agreement (see Exhibit Q. City, pursuant to
this Agreement waives all rights to assume ownership of County
property upon annexation and County agrees to maintain ownership
of its property until title is transferred pursuant to this Agreement or
another agreement. City and County shall, subsequent to annexation,
meet and confer on a regular basis to determine when and if.any
County property should be transferred to the City. County shall
transfer County property to City if and as necessary to enable City to
fulfill its obligations to Newport Coast . residents relative to the
construction of a community center, the development, operation and Illi
maintenance of active recreational facilities and the maintenance of
slope, parkways and medians. County shall have no obligation to
transfer to City any property designated as open space or habitat by
the NCCP or any property that is part of the County's regional park
plan. A map of the open space areas to be retained by the County is
included as Exhibit F.
3.2.2 Offers of Dedication. City, by this Agreement, transfers .to County
the right and responsibility to accept any offer of dedication of park
and/or open space land to the extent contemplated or required by the
Development Approvals, the Development Plan, the NCCP or any
other agreement. County shall assign to City the right to accept an
offer of dedication with respect to any property that City requires to
fulfill its. obligations to Newport Coast residents as specified in
Subsection 3.2.1
3.2.3 Restrictions an Transfer. The rights and duties of City and County
pursuant to this Section shall not be exercised in a manner that could
impair Company's rights to fully develop the Property pursuant to the
Development Approvals and Development Plan. In no event shall
County transfer any property to City that is designated as part of a
habitat conservation plan such as the NCCP.
1.3 Assessment District Authority. City transfers. to the County, upon
annexation and to the maximum extent permitted by law, all rights, duties
and obligations relative to the administration of any existing assessment
district that affects some or all of the Property (Assessment District
Authority). County shall also retain the,dght to form and administer new
assessment districts provided that no new or increase special tax or levy is
Imposed an any person or property except as expressly permitted by law.
County and City shall fully cooperate in any review conducted by City or its
Cooperative Agreement
9 of 30
representatives with respect to the formation of, or assessments Imposed
pursuant to, any existing or new assessment district. With respect to any
proposed new assessment district respecting any portion of the Property still
owned by Company, City hereby grants to County the consent required by
Section 10103 of the Streets and Highways Code of the State of California.
3.4 Term. The County shall retain all the Open Space Authority and
Assessment District Authority for the maximum term permitted by law.
County shall retain all Land Use Authority for each Planning Area, provided
that City shall assume Land Use Authority for a Planning Area when that
Planning Area is Fully Improved and the City is in possession of records that
enable the City to provide planning and building permit services for that
Planning Area, The County shall notify the City, in writing, within ten (10)
days- after the County has determined that any Planning Area is Fully
Improved.
4. SPECIAL PROVISIONS
4.1 City Resolutions. City has, prior to the Effective Date of this Agreement,
adopted resolutions that ensure consistency between the Newport Beach
General Plan/Zoning Ordinances and the Development Approvals and
Development Plan. The City Council has also authorized the execution of
this Agreement by the City Manager and determined that this Agreement is
fully consistent with the authority of the City and City Council pursuant to law.
4.2 City Commitments. City, in exercising any authority over the Property shall
fully comply with, and conform to, the provisions of the Development
Approvals and Development Plan including the ADA, the Local Coastal
Program, and the Master Coastal Development Permit. City shall not take
any action that could prevent, interfere with, or delay development of the
Property to the full extent permitted by the: Development Approvals,
Development Plan, the City's General Plan and/or the ADA. City shall not
take any action, except as authorized in Article 3, that would delay, prevent
or interfere with any dedication of open space or valuable habitat by the
Company or any acceptance of open space or valuable habitat by the
County or other entity.
4.3 County Consideration. City agrees that County shall be entitled to charge,
receive and retain all fees charged purjuant to the retention of Land Use
Authority, Open Space Authority or Assessment District Authority. County
shall be entitled to charge, receive and retain all customary fees including
building permit fees, grading fees, and inspection fees. The fees charged by
Cooperative Agreement
10 of 30
1
I -
the County shall be the County's sole consideration for all services
!
performed and the exercise of all authority transferred pursuant to this
Agreement. The fees charged by the County shall also be the County's sole
consideration for the transfer of records as specified in Section Article 5.
J
4.4 County Officers. The County Executive Officer (CEO) shall designate the
County officers, employees and contractors that are to perform the services j
contemplated by, and exercise the authority transferred pursuant to, this i
Agreement. The Parties contemplate that the CEO will designate the same
officers, employees and contractors that have, prior to the effective date of !
this Agreement, been performing services or exercising powers related to
Land Use Authority, Open Space Authority or.Assessment District Authority.
5. COOPERATION.
5.1 Cooperation. City shall provide any assistance requested by County with
respect to the implementation and administration of the Development
Approvals, the Development Plan and this Agreement. City and County
shall cooperate with one,another relative to any action necessar.A to ensure
that County retains the authority to perform the functions required by, or to
achieve the objectives of, this Agreement.
p
5.2 Monitoring. City and County shall also cooperate with one another to
facilitate City's right to monitor implementation of the Development Plan and
the conditions to the Development of the Property. County shall maintain a
list of pending activities related to implementation of the Development Plan
and provide City with a copy of the list once each ninety days during the
Term.
5:3 Records. City and County shall, during the initial one hundred and eighty
(180) days of the Term, evaluate the type and nature of County records, and,
the mechanisms for the transmission of those records, that would facilitate
the City's assumption of Land Use Authority after any Planning Area is Fully
Improved. In evaluating the type and nature of the records, the Parties shall
give special consideration to the type of information that is necessary to
issue building permits for other than initial construction and the provision of
municipal services such as police, fire personnel and property.maintenance.
In evaluating the mechanism for transmission, the. Parties shall give special
consideration to the format and medium dor transmitting relevant information
that would be most easily incorporated into the City's databases and that
would minimize the cost of transfer/transmittal. The Parties shall, within one
a.
hundred and eighty(180) days after the Effective Date, implement a program
Cooperative Agreement
11 of 30
5J°
for transmission of all records determined to be relevant to the City's
exercise of Land Use Authority. Any inability on the part of either Party to
implement this program shall not impair the validity of this Agreement.
6. THIRD PARTY BENEFICIARY.
City and County agree that the Company is a third party beneficiary of this
Agreement. Accordingly, Company shall have the right to enforce the ten-ns and
provisions of this Agreement against City and/or County without,assertion of any
affirmative defense related to standing so long as Company has 'not fully developed
the Property pursuant to the Development Approvals. City and County specifically
agree and acknowledge that, by allowing early annexation of the Property as
provided in the ADA, Company will have fully relied upon the enforceability of this
Agreement against City and Co'unty and that Company is reasonably relying on the
enforceability of this Agreement.
7. MISCELLANEOUS PROVISIONS
7.1 Term of Agreement. Subject to the provisions of Article 3, this Agreement
shall continue in full force and effect with respect to the Property for a period
of five (5) years and shall continue in full force and effect thereafter until all
entitlement granted by the Development Approvals has been completed or
unless the conditions for expiration specified in Section 51302 of the
Government Code are satisfied.
7.2 Entire Agreement. This Agreement sets forth and contains the entire
understanding and agreement of the Parties, and all oral or written
representations, understandings or agreements are expressly stated in this
Agreement. No testimony or evidence of any such representations,
understandings, or covenants shall be admissible in any proceeding or any
kind or nature to interpret or determine the terms or conditions of this
Agreement..
7.3 Severability. If any term, provision, covenant, or condition of this
Agreement is ruled invalid, void, or unenforceable by a court of competent
jurisdiction, this Agreement shall nonetheless remain in full force and effect
as to all remaining terms, provisions, covenants, and conditions.
7.4 Interpretation and Governing Law. This Agreement and, any related
dispute shall be governed and interpreted in accordance with the laws of the
State of California. This Agreement shall be construed according to its fair
language and common meaning to achieve the objectives and purposes of
Cooperative Agreement
12 of 30
i
t
the Parties. The rule of construction to the effect that ambiguities are to be
resolved against the drafting Party shall not be employed in interpreting this i
Agreement since all Parties have been represented by counsel,
7.5. Inderrinification. City shall defend, indemnify, and hold harmless the i
County and its officers, employees and agents with respect to any claim,
damage, loss, cause of action, lawsuit or proceeding that arises out of or is
in any way related to any act or omission by City or its officers, employees or
agents in the performance or non-performance of any duty or obligation
pursuant to this Agreement. County shall defend, indemnify, and hold
harmless the City and its officers, employees and agents with respect to any
claim, damage, loss, cause of action, lawsuit or proceeding that arises out of
or is in any way related to any act or omission by County or its officers, i
employees, or agents in the performance or non-performance of any duty or I
obligation pursuant to this Agreement.
7.6 Section Headings. All. section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of
this Agreement.
7.7 Singular and Plural. As used herein, the singular of any word includes the
plural.
7.8 Waiver. The failure of a Party to Insist upon the strict performance of any of
the provisions of this Agreement by the other Party, or the failure of a Party
to exercise its rights upon the default of the other Party, shall not constitute a
waiver of that Party's right to demand and require, at any time, the other
Party's strict compliance with the terms of this Agreement.
7.9 Third Party Beneficiaries. This Agreement is made and entered into for
the sole protection and benefit for the parties and their successors and
assigns: Except as expressly provided In Article 6, no other person shall
have any right of action based upon any provision of this Agreement,
.provided, however, that the fee owners of any non-residential parcels in the
area to be annexed to City pursuant to the ADA may elect to be covered by
the Agreement.
7.10 Successors in Interest. The burdens of this Agreement shall be binding
upon, and the benefits of this Agreement shall inure to, all successors in
interest to the Parties to this Agreement.
Cooperative Agreement'
13 of 30
C1
—----------
7.11 Specific Performance. The Parties acknowledge that monetary damages
would be inadequate to remedy any breach of this Agreement by either
Party. Accordingly, the Parties agree that any breach of this Agreement
shall entitle the non-breaching Party to file an action for specific performance
in a court of competent jurisdiction. In no event shall either Party be liable
for monetary damages in the event of a breach of this Agreement.
.7.12 Counterparts. This Agreement may be executed by the partie's in
counterparts, which counterparts shall be construed together and have the
same affect as if all of the parties had executed the same instrument,
7.13 Jurisdiction and Venue. Any action at law or in equity arising under this
Agreement or brought by any Party for the purpose of enforcing, construing,
or determining the validity of any provision of this Agreement shall be filed
and tried in the Superior Court of the County of Orange, State of California.
The Parties waive all provisions of law providing for the filing, removal or
change or venue to any other court.
7.14 Further Actions and Instruments. Each of the parties shall cooperate with
and provide reasonable assistance to the other to the extent contemplated
by this Agreement to achieve the objectives of this Agreement. Upon the
request of either party at any time, the other party shall promptly execute,
with acknowledgment or affidavit if reasonably required, and file or record
instruments and writing. The Parties shall also take any action as may be
reasonably necessary under the terms of this Agreement to carry out the
intent and to achieve the objectives of this Agreement,
7.15 Amendments in Writing/Cooperation. This Agreement may be amended
only by written consent of the parties specifically approving the amendment
and in accordance with the Government Code provisions for the amendment
of Development Agreements. The Parties shall cooperate in good faith with
respect to any amendment proposed in order to clarify that intent and
application of this Agreement, and shall treat any such proposal on its own
merits, and not as a basis for the introduction of unrelated matters.
7.16 Authority to Execute. Any person or persons executing this Agreement on
behalf of the City and' County warrants and represents that he/she has the
authority to execute this Agreement on behalf of his/her agency and to bind
that Agency to the performance of its obligations pursuant to this Agreement.
7.17 Notice. All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and shall be deemed served when
Cooperative Agreement
14 of 30
---- - ------------
delivered personally or on the third business day after deposit in the United
States mail, postage prepaid, first class mail, addressed as follows-
All notices, demands, requests or approvals to CITY shall be addressed to:
City of Newport Beach
City ManagQrs Office
3300 Newport Boulevard
P6 Box 1768
Newport Beach, California 92658-8915
All notices, demands, requests or approvals to COUNTY shall be addressed to: ill
II
Director of Planning and Development Services
County of Orange
300 North Flower Street
Santa Ana, California 92703-5000
All notices, demands, requests or approvals to Company shall be addres§Gd to
Vice President for Entitlement (Newport Coast)
550 Newport Center Drive
Newport Beach, CA 92625
7.18 Effective Date. . This Agreement shall become effective as of the date on
which. the City annexation of all or a portion of the Property becomes
effective.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
year first set forth above.
COUNTY:
By:
C�nthia P. Coad, Board Chair
County of Orange, State of California
Cooperative Agreement
15 of 30
.......... .........- .........- ...................... ..................
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE BOARD CHAIR
0
By:.
Darlene J. Bloom, Clerk
of the Board of Supervisors
APPROVED AS TO FORM:
By:
Ben deMayo, County Counsel
By:.
Deputy
CITY:
By:
:Garold B. Adams, Mayor
of the City of Newport Beach
ATTEST:
By:
LaVonne Harkless, City Clerk
of the City of Newport Beach
APPRO�tD AS TO FORM:
By:
Obert H. Burnham, City Attorney
r the City of Newport Beach
FftusersNcafth areftakAglNewp6rtCoastGoa perefivet 102301 final.doc
Cooperative Agreement
.16 of 30
04
_....... ............_.__.._ ..... _. _----- . .....................-------_..............
I
I fI
EXHIBIT `A' I
i
NEWPORT COAST ANNEXA.^_`ION NO.CA41-06 j
TO THE CITY OF NEWPORT BEACH !
i
- SLOCAS: 5151; 5152, 5251
5252, 5253, 5352, j
5352
i
MODULES: VARIOUS I
F
j
BEING THOSE PORTIONS OF BLOCKS 91, 95-98, 1-28-134, 161-164 OF IRVINE'S
SUBDIVISION AS SHOWN ON A MAP" THEREOF FILED IN 'BOOK 1, PAGE 86 OF
MISCELLANEOUS RECORD MAPS AND PARCEL 2 AND A PORTION 'OF PARCEL I PER
CORPORATION GRANT' DEED BOOK., 13439, PAGE 94-132, RECORDED" DECEMBER 19,
1979, IN THE OFFICE OF THE COUNTY RECORDER OF .THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, DESCRIBED AS. FOLLOW.S5
BEGINNINIG AT AN ANGLE POINT IN THE EXISTING. CITY OF NRWPO?.T BEACH $OUNpARY
AS ESTABLISHED BY REORGANIZATION NO, R097-35, "BONITA CAYZON ANNEXATION-TO
THE CITY OF NEWPORT BEACH AND DETACHMENT OF THP SAME TERRITORY FROM THE
CITY OF IRVINE", SAID ANGLE POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT
CERTAIN COURSE DESCRIBED AS "SOUTH 11-'58'31" EAST 11.29 FEET" IN $AID
REORGANIZATION NO- R097-35, SAID POINT ALSO BEING DISTANT NORTH 26242'33"
"EAST 3071.87 FEET FROM ORANGE COUNTY SU7,VtYOF.'E HORIZONTP._. CONTROL STATION
_GPS N0. 6247," HAVING A COORDINATE V..:.,.UE (�,.5. SURVEY FOOT) OF, NORTH
-.2173287.386 AND EAST" 60740.18.521, 'BASE. UPOY; THE .CALIFCkN::A COORDINATE
SYSTEM (CCS83) , ZONE VI. 1983 '.TAD (199:.35 EP,CH O.C.S. GBS A_DJUSTMENT) AS
SAID GPS POINT IS SHOWN ON TRACT MAP NO. =5945, AEC=R:) ='N BOOK 805,
PAGES 18-25 INCLUSIVE, OF MISCELLANEOUSMAPS 'w THE OFFICE OF THE COUNTY
:RECORDER OF SAID COUNTY, BEING COMMON':O "F;430RVI2.,IS =_LLS - PHASE 3"
" ANNEXATION TO THE CITY OF NEWPORT BEACH; .
THENCE CONTINUING ALONG THE EXISTING C=,l BOLA-DARY OF THE CITY OF NEWPORT
BEACH PER "HARBOR VIEW HILLS-PHASE 3" _VNEXAIION, THE "F_=-RBOR VIEW HILLS
SECTOR 4" ANNEXATION, THE "HARBOR RIDGE ANNEXATION NO. 59", THE "HARBOR
RIDGE ANNEXATION NO. 82, THE "HARBOR V=EW HILLS-PHASE 3" ANNEXATION, THE
"HARBOR VIEW HILLS-PHASE 4" ANNEXATION, THE -ANNEXATION NO. 57 (CENTERVIEW
ANNEXATION) ", THE "HARBOR VIEW" ANNEXATION, ANNEXATION NO. 8, CITY
BOUNDARY 1928 (COURT CASE NO. 23686) INCORPORATED SEPTEMBER 1, 1906; THE
"CORONA HIGHLANDS" ANNEXATION, THE -SEAWARD 17" AUNEXAT=ON, THE "CAMEO
HIGHLANDS" ANNEXATION, THE "ANNEXATION" NO. 84", THE ^CAMEO HIGHLANDS"
ANNEXATION, THE "ANNEXATION NO. ' 64", THE "CA.iBO CLIFFS" ANNEXATION" THE
"SHORE CLIFFS - CAMEO SHORES TID4ANDS ANNEX-,TION" THROUGH THEIR VARIOUS
COURSES IN A GENERAL SOUTHEASTERLY, SOUTHWESTERLY, SOUTHEASTERLY,
SOUTHERLY, WESTERLY, SOUTHERLY, -EASTERLY, SOUTHERLY, WESTERLY, SOUTHERLY,
f
taloa,-w,i�xi.noe ioana,a:� u PAGE 1
C
S Cooperative Agreement
17 of 30
__ __._.,_.____....._............... __ _...._.. _......
.._...
.___
I
I i
i
EXHIBIT `A' I
j
NEWPORT COAST ANNEXATION NO.CA01-06
TO THE CITY OF NEWPORT BEACH j
i
BLOCKS: 5151, 5152, 5251
5252, 5253, 5351
5352 I
MODULES: 'VARIOUS
BEING THOSE PORTIONS OF BLOCKS 91, 95-98, 128-134, 161-164 OF IRVINE'S
SUBDIVISION AS SHOWN ON A MAP THEREOF FILED IN BOOK 1, PAGE 88 OF
MISCELLANEOUS RECORD MAPS AND PARCEL 2 AND A PORTION 'OF PARCEL 1 PER
CORPORATION GRANT DEED BOOK 13439, P:-GE 94-132, RECORDED DECEMBER 19, i
1979, IN THE.OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE,
, STATE tr
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE.POINT IN THE EXIS^_TNG CITY OF NEWPORT BEACH BOUNDARY
AS ESTABLISHED BY REORGANIZATION NO. 8097-35, "B,QNITA CANYON ANNEXATION TO
THE CITY OF NEWPORT BEACH, AND DETACHMENT OF THE SAME TERRITORY FROM THE
CITY OF IRVINE", SAID ANGLE POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT
CERTAIN COURSE DESCRIBED AS "SOUTH 11'58'31" EAST 11.29 FEET^ IN SAID
REORGANIZATION NO. R097-35, SAID POINT ALSO BEING DISTAN= NORTH 26"42 '33"
EAST 3071.87. FEET FROM ORMGE COUNTY SURVEYOR'S HORIZONTAL CONTROL STATION
GPS NO. 6247; HAVING A COORDINATE V_.:,UE (U.S. SURVEY FOOT) OFNORTH
2173287.386 AND EAST 6074018.521, BAS=D UPO`7 THE CALIF:RN;A COORDINAT=
SYSTEM (CCS83) , ZONE VI. 1983 NAD (199_.35 EPCCH O.C.S- GPS ADJUSTMENT) AS
SAID GPS POINT IS SHOWN ON TRACT MAP NO. 15945, RECORIED =N BOOK 8C--,
PAGES 18-25 .INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFF!= OF THE COUNTY
RECORDER OF SAID COUNTY, BEING COMMON _O `Hte XBOR VIEWS .:,1,5 — PF„ASE 3”
ANNEXATION TO' THE CITY OF NEWPORT BEACH;
THENCE CONTINUING ALONG THE EXISTING C=—_Y BOUNDARY OF THE CITY OF NEWPORT
BEACH PER "HARBOR VIEW HILLS-PHASE 3" Wi EX-A'ION, THE :"t=3BOR VIEW HILLS
SECTOR 4" ANNEXATION, THE "HARBOR RIDGE ANNEXATION NO. fig", THE "HARBOR
RIDG£ ANNEXATION NO. 82, THE "HARBOR VIEW .HILLS-PHASE 3" ANNEXATION, THE
"HARBOR VIEW HILLS-PHASE 4" ANNEXATION, THE "ANNEXATION NO. 57 (CENTERVIEW
ANNEXATION) " , THE "HARBOR VIEW" ANNEXATION, ANNEXATION NO. 8, CITY
BOUNDARY 1928 (COURT CASE NO. 23686) ISCORPORATED SEPTEMBER 1, 1906; THE
"CORONA HIGHLANDS" ANNEXATION, THE "SEAWARD 17" ANNEXAT=ON, THE "CAMEO
"HIGHLANDS" ANNEXATION, THE "ANNEXATION NO. 84 THE "CAMEO HIGHLANDS"
ANNEXATION, THE "ANNEXATION NO. 64", THMV "CAMEO CLIFFS" ANNEXATION" THE
"SHORE CLIFFS - CAMEO SHORES TIDELANDS ANNEXATION" THROUGH THEIR VARIOUS
COURSES IN A GENERAL SOUTHEASTERLY, SOUTHWESTERLY, SOUTHEASTERLY,
SOUTHERLY, WESTERLY, SOUTHERLY, EASTERLY, SOUTHERLY, WESTERLY, .SOUTHERLY,
cw�yu-�,>,ini.voc ,osns,nit.sq PAGE 1
V_
Cooperative Agreement
18 of 30
I
B:4iIBZT 'a•
NEY7PORT COAST A[YMXATION NO.CAaj-06
TO THE CITY OF NEWPORT BEACH
i
i
SOUTHEASTERLY, SOUTF=LY, SOUTHWESTERLY, WESTERLY, NORTHWESTERLY,
I
SDUTH4lEST'ERLY, WESTERLY, SOUTHW.ESTERI,Y, SOUTiiERLY, NORTHWESTERLY,
SOUTHWESTERLY; WESTERLY, SOUTHEASTERLY, NORTHSASTERLY, SOUT:_ERI,Y,
SOUTHWESTBHLY, NORTHWESTERLY AND SOUTHWESTERLY DIRECTION `'O AN ANGLE POINT .
ON THE BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY "SHORE
CLIFFS - CAMEO SHORE TIDELANDS ANNEXATION';
THENCE LFAVING SAID CITY BOUNDARY IN A DIRECT LINE NORT-EASTERLY 3 ;4ILES
MORE OR LPSS TO A POINT ON THE MEAN HIGH TIDE OF ==LE PACIFIC OCTAN; SAID
POINT B17ARINCT SOUTH 37039'50" WEST 600 FEET MORE OR LESS FROM THE NOR-RWEST
CORNER OF PARCEL 3 OF "PARR PROPERTY" AS DESCRIBE:) IN CORPORATION GRANT
DEED TO THE STATE OF CALIFORNIA ON FILE 09CLIOOER 19, 1979. IN BOOR -3439,
PAGE 94-132 IN THE OFFICE OF 'L'HE COUNn RECORDER. SAID POINT BEING THE
SOUTHMWEST'EP,LY PROLONGATION OF THAT CERTAIN COURSE 17ESCRIBED AS "NORTH
3739'50" EAST 104.98 PEST- IN SAID DEED IN THE WEST, RLY BOUNDARY OF P_aRCZL
3 OF SAID "PARK PROPERTY";
THENCE ALONG SAID SOUTRWESTERLY PROLONGATION •-ORTIi 37039'57" F_Z� ST 60C FEET
MORE OR LESS TO THF. SOOTHWESTERLY ^_ERNW-S. OF THAT CERTAL: C.713RSE
DESCATHED AS "NORTH 37039'50' EAST 104.58 FEET"' IN T�jE NDRTH`.'IES='ERLY
BOUNDARY OF' SAID PARCEL 3, SAID TERMINUS ALSO Bk: r_ ON ':..CS NORTa—:PRLY
RIGHT OF 107 Y L7SIE OF THE PACIFIC COAST FIGHWAY SEINC- A HIG:=:YAY OF VARIPBLE
WIDTH, AND FURTHER DESCRIBED IN BOOK 487, PAGE 1 OF DZ=S' =Vq THE C`FTCE OF
TCOUNTY RECORDER;
THENCE LF.AUTNG SAID NORTHEASTERLY RIGHT OF ::AY 1:,-qB A=ONG 'T:IE
NORTHWESTERLY BOUNDARY LINE OF PARCEL 3 OF SAI: "PARK PROPERTY";
THENCE NORTH 37039`50" EAST 104.98 FEET TO ='HF, 3^Grp7NY.;,a OF A. TANGENT
950.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; '
THENCE ALONG THE ARC OF SAID CURVE; NORTMA.9T=ALX, 219.65 FEET THROUGH A
CENTRAL ANGLE OF 13014'50'; ,
THENCE NORTH 50054'40• EAST 1645.45 FEET TO TIRE 'BEGINNTN-G OF A TANGENT,
1300,00 FOOT RADIUS CURVE CONCAVE TO THE WEST;
THENCE
ALONG .THE ARC OF SAID CURVE NORTHEASTERLY, 1590.29 FEET nsROUGH A
CENTRAL ANGLE OF 70005'24';-
. 1
L59lLllLW1,]�PI LCG IO6,19/pl1 9¢ PAM 2
Cooperative Agreement
19 of 30
..... .. ......... __._ ._.. .... _------------- ..-)
I
{
� 1
I '
BXHIE.ST •A'
NEWPORT COAST ANNERATION NO.CA01-06 i
TO THE CITY OF NEWPORT BEAM
i
TRENCE NORTH 19010'44" WEST 387,88 FEET;
THENCE SOUTH 84042'47" EAST 288.52 FEET; -
THENCE NORTH 58039'02^ EAST 1018.72 FEET;
THENCE NORTH 7.4008.04" EAST 197.52 FEET;
THENCE NORTH 60027'40" EAST 137.93 FEET;
THENCE SOUTH 68054'2E" EAST 150.05 FEET;
THENCE NORTH 66048'05" EAST 167.55 FEET;
THENCE NORTH 04038'08" EAST 74.24 FEET; ,
THENCE SOUTH 87003'52." EAST 84.20 FEET;
THENCE NORTH 23021'06" WEST 232.34 FEET;
','HENCE NORTH 51008'19" EAST 310.79 FEET;
'^HENCE NORTH 310s0'73" EAST 223-66 FRET;
THENCE NORTH 110b5'46^ WEST 290.27 PERT;
TFM CE NORTH 30002"00^ EAST 147.85 FEET.-
-
THENCE VORTH 3505256" WEST 232.03 FEET;
THENCE NORTH 10031140^ 'EAST 229.87 FEET;
THENCE NORTH 46028'08' EAST 55.17 kEL'T;
THENCE NORTH 67053'26^ EAST 138.16 FEET;
THENCE NORTH 38031149" EAST 138.06 FEET:
THENCE NORPH.24035'24' EAST 129.71 FEET;
TFENCE: NORTH 03052'43^ FAST 118.27 FEET;
t
ucu+aa-,cr,y ixr.oOC(Oenvml se PAGE 3
Cooperative Agreement
20 of 30
Cg
..._.. .. . . ._____ _ ....._........__..______._..__..___
i
f
I I
EXHIBIT 'Al
Y MhPORT COAST ANNEXATXON NO.CA01-06
. . .TO TIM CITY OF NEWPORT BEACH
i
THENCE NORTH 19050141' EAST 142,40 PEST; I
THENCE NORTH 49-01'42' EAST 150.97 FEET;
THENCE NORTH 73052'21" EAST 172.80 FEET;
THENCE -NORTH 69049'09- EAST 176.38 FEET; 3
THENCE NORTH 110481470 EAST 312.62 FEET;
THENCE NORTH 03-21'590 WEST 272.4? FEET TO THE SOUTHEASTERLY TERMINUS, OF
THAT CERTAIN. COURSE DESCRIBEB AS "SOUTH 28044'47" FAST 328.52 FEET' IN THE
EXISTING WESTERLY BOUNDARY OF "PARR PROPERTY" AS DESCRIBED IN CORPORATION
GRANT DEED TO THE STATE OF CALIFORNIA RECORDED NOVEMBER 17, 1981 ON PILE
IN BOOK 14292, PAGE 953-965 IN THE OFFICE OF THE COUNTY RECORDER;
THENCE ALONG SAID WESTERLY BOUNDARY NORTE 28044'47" WEST 328.52 FEET;
THENCE NORTH 11-21'29" EAST 467.15 FEET;
THENCE NORTH. 08021'57^ WEST 68,73 FEET;
THENCE NORTH 29047'31" EAST 307..90 FEET;
THENCE NORTH 80008'45" E.1ST 383.72 FEET;
THFSICE NORTH 30°18'40" EAST 391.17 FEET;
THENCE NORTH 79056'51' EAST 446.86 FEET; -
THENCE NORTH 49°46'53.^ FAST 390,27 FEET; -
THENCE NORTH 75036'00" EAST 152.80 FEET:
THENCE NORTH 88°17.550 EAST 404.18 FEET;
THENCE NORTH 02027146' EAST 186,17 FEET;
THENCE NORTE 2S°47'27" EAST .330,97 PEET;
THENCE NORTH 89°15'21" EAST 308.03 FEET;
ixc�asu-..vmlR�.xc wsaseaai� :a PAGE 4
Cooperative Agreement
2'i of 30
9
i '
EXHIBIT 'Ar
=W80RT COAST ANNEXATION NO.CA01-09
TO THE CITY 08 N89VPORT HEAC3Z
1
THENCE NORTH 11034'59' EAST 2549.93 FEET;
THENCE NORTH 11006'16' WEST 1038.44 FEET;
THENCE NORTH 10047'04" EAST 235.15 FEET;
THENCE NORTH 35006'10" PAST 551.26 FEET;
THENCE NORTH 16038.20" EAST 181.60 FEET;
THENCE NORTH 18054'59' WEST 188.16 FEET;
THENCE NORTH 16025.40" EAST 424.32 FEET;
THENCE NORTH 29010'03" EAST 196..98 FEET;
'WHENCE NORTH 14024'00" EAST 152.80 FEET; {�
THENCE NORTH 52°16'30` EAST 67.01 FEET;
'HENCE NORTH 80017.00" EAST 148.12 FEnTJ
("HENCE N01VTH 37027'15' EAST 274.61 FEET;
HENCE SOUTH 33000'20" EAST 789.39 FF..ET;
:.41 VCE NORTH 70°38`36" LAST 784.31 FEET;
^lENCE SOUTH 02959'35" WEST 306.42 FEET; .
THENCE SOUTH 22"06'00' EAST 356.17 FEET; '
-HENCE SOUTH 35018'58" FAST 2345.60' FEET TO WHSTERL`l TERMINUS OF THAT
CERTAIN COURSE DESCRIBED AS 'SOUTH' 44031'21' EAST 678.84 FEET' SN THE
EXISTING NORTHEASTERLY BOUNDARY OF SAID BOOK 13439, PAGE a4-132,-
THENCE
4-132;THENCE LEAVING THE BOUNDARY OF SAID BOOK 14292, PAGE 953-965 AND 'ALONG THE
NORTHEASTERLY BOUNDARY OF SAID BOOK 13439, PAGE 94-132; .
THENCE SOUTH 411031'21' EAST 678.84 FEET;
THENCE SOUTH 71026'28^ EAST 584.39 FEET;
rsx�ai-aaM1a txt.uv t0aasrvat ex PAGE 5
Cooperative Agreement
22 of 30
�D
..........________ ______
I ,
I
I
EX.Hxsxx 'Al
NEWPORT COASV A'NNF.KATION NO.CA01-06
TO THE CITY OY NEWPORT BEACH
5SZNCE SOUTI3 85006'26" EAST 515.88 FEET; €
THENCE SOUTH 74032'3Q" EAST 420.20 FEET;
THENCE SOUTH 66°47.38' EAST 548.66 FEET TO A POINT ON THE SOUTHEASTERLY
LINE OF BLOCK 161 OF SAID IRVINE'S SUBDIVISION; (!
THENCE LEAVING THE NORTHEASTERLY ,BOUNDARY OF SAID BOOK 13439, PAUL 94-132
- AND ALONG THE SOUTHEASTERLY LINE OF SAID BLOCK 161 'NORTH 40033'59" EAST
188.12 FEET TO A POINT ON THAT CERTAIN COURSE BEARIIIG "NORTH 34°56'51" WEST
457.86 FEET" IN THE .EXISTING BOUNDARY OF "THE PROPERTY" DESCRIBED IN GRANS'
DEED TO THE CITY OF LAGUNA BEACH RECORDED JUNE 27, 1991 AS DOCUMENT NO. 91-
330557 IN THE OFFICE OF TRE COUNTY RECORDER.; '
THENCE ALONG SAID COURSE AND THE SOUTHWESTERLY BOUNDARY OF "THE PROPERTY' !
OF SAID GRANT DEED NORTH 34055'56" WEST 53.88 FEET; `
THENCE NORTR 68021'19" WEST 560.20 FEET;
THENCE NORTH 60007'54" WEST 795.39 FEET;
^HENCE SOUTH 83028'545" WEST 326.82 FEET;
THENCE NORTH 66044'01" WEST 658.40 FEET;
THENCE NORTH 39906'41" WEST 465-65 FEE-;
HENCE NORTH 54-32'38' -WEST 526.14 FEET;
V*,WCE NORTH 34026'23" WEST 410.97. FEET;
THENCE NORTH 12944,59' POST 3 37.73 FEET;
THMTCE NORTH 24022'24^ WEST 331..27 FEET;
THENCE NORTH 38933'34' WEST 489.32 FEET;
THMICE NORTH 22014'13" WEST 315.36 FLET;
THENCE NOR'PH 41041'221 WEST 538-97 PEST;
THENCE 14ORTH 46930142" WEST 648-1.9 FEET.-
E
i
PAC E 6
Cooperative Agreement
23 of 30
�1
I
I
- - j
i
EIU928IT 'A`
NEWPORT COAST ANNEXATION NO.CA01-06 j
TO THE CIT1' OF NEWPORT BEACH
i
TaF.NCE NORTH 71006'53" WEST 244.14 FEET; t�
THENCE SOUTB 89°08'04` WEST 252.27 FEET TO THE SOUTHWESTERLY PROLONGATION j
OF THE COURSE DESCRIBED AS "NORTH 40°00100" ?AST 66-.00 FEET" IN AME.YATION t
NO. .1 (FRASIER ANNEXATION) TO THE CITY OF IRVINE;
s
THENCE ALONG SAID. PROLONGATION NORTH 40033'37' EAS_ 221.97 FEET TO A POINT
IN THE SOUTHEASTERLY BOUNDARY OF THE CITY OF IXXINE AS ESTABLISHED BY.
"RL•ORGANSZATION NO. R097-04" DISTANT THEREON SOUTH 64016'27" EAST 1340.14
FEET FROM THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COLRSE DESCRIBED AS
"NORTH 69x7.6'17° WEST 4468.85 F£RT" IN THE Ca ERLINE OF TR-73 (SAN
.7OAQUITI HILLS TRANSPORTATION CORRIDORS AS DESCRIBE IN ?ARCEL 1 OF SAID
REORGANIZATION NO. R097-04;
. . THENCE ALONG SAID EXISTING CITY. BOUNDARY AND THE CENTERLINE OF TR-73 PER
SAID "FLEORGANIZATION NO. R097-04" THROUGH THEIR VARIOUS COURSES IN A
GENERAL NORTHWESTERLY DIRECTION TO AN ANGLE FOINT -V THE EXISTING CITY Or �
WEWPOP.T 3FACH BOUNDARY AS ESTABLISHED .BY "REORGa?=2ATION NO. R097-35',
SAID FOIYYr BEING THE SOUTHEASTERLY TER`,4` INUS OF TF-AT COURSE DESCRIBED AS _
"NORTH 690 24'23" WEST 2092,48 FEAT";
:`F--'fC'E ALONG S-UM EXISTING CITY BOUNDARY PER SA=D "REOR.GAN'IZATION N0.
EOy7-3S- THROUGH ITS VARIOUS COURSES IDE A GENBRA NOR':^^-sdi5`CERLY,
SOUTHERLY, SOUTHEASTERLY AND. NOATHWESTE3;.Y D='.SC'CI. TO T-H21 TRUE POINT OF
B.t"..,7NN3=G.
CONTAIDTS 7,799 -kEBS, MORE OR LESS-
ATTACHED HERETO AND MADE A PART HEREOF, SS A MAP DESIGX_PTBD AS mXHIBIT
'.O OBTAIN THE GRID DISTANCE AT GPS PT, NO, 6247, M0LTZ2LY THE GROOM
DISTANCE BY 0.99996664,
THIS LEGAL DESCRIPTION WAS PREPARED BY ME, OR UNDER MY SUPERVISION FROM
RECORDFO W ONLY- NO FIELD SURVEI' HAS BEEN CONDU O VERIFY ANY
RECO' •O
. VLy�6
REX S. PLUMMER, PLS 5641
F."C IRATION DATE 12/31/03 - �t
E7fPINES�
N0;6691
yssosa-,crta-«c sacnssosl se PAGE 7
FCA
Cooperative Agreement
24 of 30
i
EXE BIT •A'
XTMWOAT COAST ARNF=`JM0X W.CA03.-06 �.
TO THE CXTY OF NEWPORT EEAt7#
f
TfaT PROPOSAL DOES MEET THE APkR0VAL OF ±
THE ORANGE COUNTY SURVEYOR'S OFFICE.
DATED S Z- ~ DAA'' OF ��+�+.bc• 20p7..
. J ANAS, COUNTY WRVSYNR
E TION DATE 09130 101
Fes' y -1F
KOc
3
i
cmfvaa-.cuixr.mc rov+srosl a SAGE 8
Cooperative Agreement
25 of 30
I
I
I
Exhibit B
+ d 1
8`8g 6 b. gale
ale
am
cn
ff m> I
I I I
5z/I S
I d
O m
N� Imo °1a I --- I --
U Z¢
i
Cooperative Agreement .
26 of 30.
7L4.
I i
Exhibit. C
1
i
Summary of Development Approvals I
{
The components of the Development Plan as shown by various Development Approvals
include:
i
A. Newport Coast Local Coastal Program 2"a Amendment and all further amendments �
adopted before the City assumes permit issuing authority for the property as provided
for within this Agreement. The Newport Coast Local Coastal Program, 2ntl Amendment
was approved by the California Coastal Commission on October 10, 1996; certified by
the County of Orange Board of Supervisors on December 3, 1996 (Resolution No. 96-
861 and Ordinance No. 096-3974); and Certified by the California Coastal Commission
on January 21, 1997;
B. Newport Ridge Planned Community Program: Approved by the County of Orange
Board of Supervisors on March 17, 1998 (Resolution Nos. 98087 and 98-88; Ordinance i
No. 98-3);.
C. Newport Coast Master Coastal Development Permit.71h Amendment (PA 970152);
Approved by the County of Orange Planning Commission on July 21, 1998;
D. First Amendment to the Irvine Coast Development Agreement: Recorded April 2, 1997
(No. 19970149745); and
E. Related secondary implementing approvals, permits, and actions pursuant to and
consistent with the foregoing (e.g. subdivision maps, individual coastal development
permits, grading plan approvals and permits, etceteras).
F. An Annexation and Development Agreement between the City of Newport Beach, The
Irvine Company, and Irvine Community Development Company; approved by the
Newport Beach City Council on July 24, 2001.
Cooperative Agreement
27 of 30
-......_ ......... -- _ _...--- --- --- ._._ _ _....._ ... ........------ --•- _ -
j � I
Exhibit D
i r
' �rtanwr wax
1
.e.. aswawwv eta H�.�
. � 'u'MMi CG19r
' ae�w xnm=~ �Rue�iQxO �P.�s � �•14+1yy� ,1 a Y
Newport Coasf/i`ieWpOrt Ridge DeVeiapmBM Dfreomry
.. _ '..T_SN'?C6otip•'Y �S"�rar,p .
f
Cooperative Agreement
28 of 30
i _._ _..._..._ -_ _.._.. ___ _._._ .---...__.___
Exhibit E
i
i
Orange County LAFCO
Condition Relating to Open Space Areas
f
i
CA 01-06
NOW, THEREFORE, the Local Agency Formation Commission of the County of
Orange DOES HEREBY RESOLVE, DETERMINE and ORDER as follows:
Section 2. The proposal is approved subject to the following terms and
conditions:
h) Upon annexation of the territory to the city, all right, title and interest of the
County, including underlying fee where owned by the County in any and all
public roads, sidewalks, trails, landscaped.areas, open space, street lights,
signals, storm drains and bridges shall vest in the City, except for those
properties to be retained by the County specifically listed by these conditions
except as otherwise agreed to by the City and the County.
f# # #
Cooperative Agreement
29 of 30
..............._____........._ ......._ ..._.___e__.._. ____._ _. .__.
Exhibit F
I
Map of Open Space and Recreational Areas
to be Retained by County
i
j
EJC ppp !? y`fi p HVE e i
v. 1G6 t
fl
vry�,S A Mml � iCi
ew]anwr to a cr to
flEHPINCR i AEC.10 �,'1
'a Jhl S i610
v xu�
. uoa e � 1rze
]GEa 1]Pi
' IJE.1 »63 ,r rM
1�
ItB
ELI ool.
fAIFCOLR£E INQ �O�HL
' mlefuvlleynr•
II
F91M BSI CRYEiµNVE6TA1EPM1{
EM Retained by County
' Exhibit F
Map of open Space and Recreational
Areas to be Retained by County
' NR Ideal .
L
�.. Cooperative Agreement
30 of 30
Jig
_.__. ............__ .------------- ----_____.._ ..........._-.__.........._ ........ _...._.......... _ __ . ..__.
I
OFFICE OF
q THE COUNTY COUNSEL BENJAMIN P.de MAYO j
p COUNTY OF ORANGE COUNTY COUNSEL j
M 10 CIVIC CENTER PLAZA !
MAILING ADDRESS:P.O.BOY 1379 JAMES F.MEADE
SANTA ANA,CA 92702-1379 DEBORAH M.GMEINER
(714)33J-3300 ASSISTANTS
FA
' X;(714)S30.2359
EDWARD N.DURAN ANNE.FLEMBEL
Writv'y Direr Diel N..ba RICHARD D.OVIEDO AMYE.MORGAN
(714) 834-4760 November 15,2001 HOARSERJEN MARGARET
EASTMAN LDANTS
DONALDERUBIN JANT.MARTIN
BARBARA L.STOCKER MARIANNEYANRuDE..
JAMRS L.TURNER JAMBS C.HARMAN
NICHOLAS S.CFRUSOS MLIR J.AGM
TUC"F,MORSE LAURIEA.SHADB i
WANDAS.FLORENCE DANIEL H SHF3HARD i
HOPERSNYDER JOYCE RMEY J
THOMAS C.AGIN PAVLAA.%Y ALRY i
SHERRI A CHRISTENSEN THOMAS'A SELLER
ADRIENNES.HECKMAN STEVEN C.FELLER
KARYNJ,DkB3SSBN ALEXANDR4G.MORGAN
KARRNILMATHER CAROLYN S.MOST
mi PERSBJGBR RO)iERTN.ERVAJS
GROFMEYK.HUNF SETH L.LEMS
JACK W.GOLDEN LAURAD.KNAPP j
CMUSTOPHERI.MILIER JEFFREYM RICHARD 11
ROBERTG,OVERBY ROGER P.MBMAN Lf
DANIELP,TORRES MCOLE A.S24S I
JOHNH.ABBOTT NMFIIL G.DAPFARY
MCNEU.EL.PALMSR VEROMCARPAWLOWSM
Robert H.Burnham WARD BRADY MANNDSSU
MST01HE.M.DKAG`NJJA.Mi.H DEYR
City Attorney RACRELM.SAWS
City of Newport Beach DEPUTIES
3300 Newport Blvd,
Newport Beach, CA 92658
Re: Cooperative Agreement for Processing Newport Coast Land Use Approvals
Dear Mr. Burnham:
This transmits, for your records, a fully executed copy of the above Cooperative
Agreement as approved.by the Board of Supervisors on October 23,2001 along with a related
minute order. If there are any questions regarding this matter,please do not hesitate to contact
me.
Very truly yours, .
BENJAMIN P. de MAYO
COUNTY COUNSEL
By �---
oger P. eman,Deputy
cc: Nick Chrisos
Encolsure
S
_.__ --
..............__.._.__.__.....____...---..-------------
ORANGE COUNTY BOARD OF SUPERVISORS j
NUNUTE ORDER
October 23, 2001
SubmittineAgencv/Department• PLANNING AND DEVELOPMENT SERVICES
f
Approve agreement with City of Newport Beach for processing of land use approvals in Newport Coast-District 5 i
(Continued from 9/25/01,Item 15; 10/2/01,Item 15)
i
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER C3
Unanimous 0.(1)SM='. Y (2)SILVA:Y(3)SPITZER: Y(4)COAD:Y(5)WILSON:Y
VOte Key.• Y=Pus;N=No;A=Abstain; .=Excused;A0.=Board Order
Documents accompanying this matter;
O
Resolution(s)
0 Ordinances(s)
O
Contract(s)
:em No. 18
Special Notes:
Copies sent to:
-cam/- � ...�'Ic�' err�.�✓
I certify that the foregoing is a true and correct copy of the Minute Order
adopted by the Board of Supervisors,Orange County,State of California.
DARLENE I BLOOM,Clerk of the Board
By,
Deputy
1
20
NEWPORT RIDGE
f-e 1-b
GREYSiCNE NPlE6 STANDAM PAGFIC FEANDggO P=CIFIC CNIFCgNIA PAGFIC LPLIPCPNIA PACIFIC CALFCPXIA PACIFIC CALIFLgNIA PAGFIC LEY45 HWR
XCMES NCME9 NOMEB TMWFS
>a _
� 16 21-e 8 21-b 21-0 22 y
CgYNAN IP4NEBAPMiMENi IgY1NE APAP1MENi BPODNPIELD HCNEB CgGFWHOMESACIFIC CAIIEMNIA�ApFIC BPOd(FlFID�MOMES
' DEYFAOPM�fNi ECtLMVNI�BEB CWNVNI�TEE NCCNN GIICYSTCN
TMf� Iw�p feWJ�
I
( pLy o11tM'a r'
wnYA �MBsr
12G
F�
LQ�VIECWgPlINUFLL
2C->
22 �
WNIEGVINILYBNFL
G 1 14
Ili s 216 24c 20-8 R0.fi
LCdLMAt ._..8 12 203
re
ZLe PPA( 20-2
BA
C-4
�p 2 R 20.1b
B
4
2
fi 28-3 20.te . .
B .
1-a B '
Le L6 2 2A-2 2B-2 2c-s
CYMINLYAIPI RA -12E
�PA4'VNRiI� 11 0T" pl�q ..
2A.f 2B-0b
IIA
' 1G 1 2B.fe
.d C-2B
0O 10 10-2b �.,J�^
IG-te 4A
Is
Flo
tl
IA
-i (2E� iDADi 413
t
11A 3B
BLL' B-1
3A.26 3A-2o BB-fe b•
.nom'-TA.M1IC CEIATIfGWA 12 �� BA-PE JBIc 313-2.3A I 38.1
B 2 11
P�Wi CRRIALCORbTAIEPNK 3B IU �N I
21 F
1 ) X
1� 1 i -�`• f R Y 1 �a
1
's� >Y .i pAOfF1C - CGESN 4
NEWPORT COAST
IA 1B "-I & 2A-i 1C-2 2A-2 2B-te 2Blb213-2
PLVCNIWLL PELICAN HU CAPxAL PACIFIC 1NEnpEV�LM'8 RewAcllons UEYSiONE NCMEB BPAMAIEAp gIELWS lXE IPNNE UAAPAYY
nF 1 eat xaDlucs .m w ,n Im,w�.wm
�w L
28-3 2C-ta 8 2C4b 2C-2 2C-31 2C-4 2C-6 2C-6, 2C-7 2C- && 14
TgYLCR 1;tlWPCW IAttOR kCm PAW iN21NTMiNE fgMPANY BPCCNrnElC NOMES CREYBECNE XG.1E5 SNEP XDMEE qND 6 CALIFogNIA ACIFIC
o1v-qW eeA - . - °e°1� ME IRNNE COMPANY mmWEB
15811.PA DD-DI1
3A-1 3A 2., -b, -G 3A-2d 30-ie, -b, -e 3B-ic 4q g qg vA 6 mee
SiANTMAPD PAGgL A.KWRG1Y PICNA�DND AYEgILAN 3B-2e, -b, -c LgEYSrnNf NCMFS CRY61pL LpyE 1NE IPNNE COMPIAY
TIE IRNNE:GAFOAY
4 MG
8-f a f3 g 100. tqy-i3Ca4
ST.INCMD PACIFIC i3D PF6GN�PUM
1iWM °SNP 1 Y
BPDXI.[�NfLOfNXWR B 1.{P3L'13Q,},.
LOLL Ldldse r
Newport CoasVNewport Ridge Development Directory
�'1
V�
QP
�P
g�
Attachment No. PC 7
Letter From County Confirming
Development Allocations, Existing
Development and Remaining Development
(September 2016)
es,
V�
QP
�P
g�
PublileWorks
Integrity, Accountability, Service, Trust
Shane L Silsby, Director
September 6, 2016
Kimberly Brandt, Community Development Director
City of Newport Beach
100 Civic Center Drive
Newport Beach,CA 92660
Dear Ms. Brandt:
As you are aware,the County of Orange(County) has been working with the City of Newport Beach (City)
to provide input related to the 1996 Newport Coast Local Coastal Program, Second Amendment (LCP),
which is administered by the County under special legislation adopted by the California Legislature
(Public Resources Code §30519.2). Previously,the City requested a summary of the total development
intensity allowed under the LCP. Please refer to the letter to you dated October 5, 2015 (attached) which
included the following table that identified the development intensity for the Planning Areas (PA) 13, 14
and the non-residential portion of 313 of 3,035,000 square feet.
As previously detailed,the LCP allocated a total of 2,660,000 square feet for hotel rooms and 75,000
square feet of day use commercial to PA 13.Within PA 14 the allocation included 300,000 square feet for
hotel rooms and 25,000 for day use commercial.1 The non-residential portion of PA 3B included an
additional 100,000 of day use commercial.A 2001 boundary adjustment between PA 3B and 14
combined the day use commercial intensity,and 300,000 square feet was transferred from PA 14 into PA
13.The resulting intensity for PAs 13, 14 and 313 are as follows:
Newport Coast LCP, Second Amendment—Development Intensity 2001
Day Use
LCP Planning Area Hotel Rooms Commercial Total
PA 13 2,150 75,000 3,035,000
(2,960,000)
PA 14 --- 25,000
PA 313(Non-Residential) Crystal Cove Shopping --- 100,000 125,000
1 Center
i
t Day Use Commercial Square Footage is independent of,and in addition to the hotel room square footage
consistent with LCP Section 1-4.A.1.b.
300 N. Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com
P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 1 Info@OCPW.ocgov.com
25
Since the October 2015 letter,the City requested verification of the existing floor areas as they relate to
the total development limits allowed under the LCP for PA 13, including the Newport Coast Marriott
(Marriott) and the Pelican Hill Resort (Pelican Hill). In verifying the existing floor areas for Marriott and
Pelican Hill, County staff researched their Automated Permit Processing System (APPS) permit
descriptions, maps, and aerial photo records, conducted site surveys, and spoke with hotel staff. The
results of their research are summarized by resort and tract in the tables below.The data in the tables
represents the floor areas for the principal and accessory uses including accommodations, resort
facilities, and the golf course clubhouse, but excludes parking facilities consistent with Section 1-4.A.1.b of
the LCP. A detailed breakdown of this square footage is attached for reference.
PA 13A, 13B-Newport Coast Marriott
Hotel Square Accessory
Tract Hotel Rooms Footage Structures Total
15697 134 219,154 64,507 283,661
16165 215 356,500 0 356,600
16164 124 194,713 3,056 197,769
15157 223 308,518 16,654 325,172
Total 696 1,078,885 184,217 1,163,102
PA 13C, 13D, 13E, 13F-Pelican Hill Resort
Hotel Square Accessory
Tract Hotel Rooms Footage Structures Total
16568 204 172,804 335,849 508,653
16566 152 180,292 20,694 200,986
14131 O 0 50,914 50,914
16567 52 102,648 19,994 122,642
Total 408 455,744 427,451 883,195
As presented in the following table,the existing intensity within PA 13, including accommodations, resort
facilities, accessory uses, and the golf course club house is 2,046,297 square feet and 1,104 hotel rooms.
The remaining unbuilt intensity is 988,703 square feet and 1,046 hotel rooms.
Summary-Existing and Remaining
PA 13 Hotel Rooms Square Footage
Marriott 696 1,163,102
Pelican Hill 408 883,195
Day Use Commercial --- 0
Existing Intensity 1,104 2,046,297
LCP Maximum 2,150 3,035,000
Remaining Intensity 1,046 988,703
300 N. Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com
P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 1 Info@OCPW.ocgov.com
20
If you have any questions, please feel free to contact me at(714) 667-8860 or by e-mail at
Colby.Cataldi@ocpw.ocgov.com.
Sincerely,
Colby Cataldi
Deputy Director of OC Public Works/Development Services
Attachments: County Development Intensity Letter, 10/5/15
Hotel Room/Floor Area Breakdown
300 N.Flower Street,Santa Ana,CA 92703 www.ocpubiicworks.com
P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 1 Info@OCPW.00gov.com
27
V�
QP
�P
gg
Attachment No. PC 8
Newport Coast LCP and PC — Planning
Areas 13 and 14 Development Allocation
(Excerpt)
8J°
V�
QP
�P
9�
CHAPTER 4
DEVELOPMENT POLICIES
A. TOURIST COMMERCIAL POLICIES
1. PELICAN HILLDESTINATION RESORT (PABA,PA 13B,PA 13C, PA 13D,PA 13E,
AND PA 13F)
a. Principal permitted use for Coastal Act purposes includes overnight/resort accommodations
(such as hotel and motel rooms, casitas, resort and time-share condominiums), and uses
ancillary to and directly supportive of overnight/resort accommodations, including retail
commercial, service commercial, conference and meeting facilities ancillary to the
accommodations, recreation and health facilities, golf courses, parking facilities in surface
and/or subterranean structures, and other support facilities normally associated with resort
hotels such as food preparation, housekeeping, maintenance, and manager's areas.
b. Principal permitted uses and accessory uses, including accommodations, resort facilities,
and the golf course clubhouse but excepting parking facilities and day-use commercial
facilities specified in (c) below, shall be allowed up to a total of 2.66 million square feet.
Within this total area, the following intensity of use criteria shall apply:
1) No one of the Planning Areas PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, or PA
13F shall contain more than 60,000 square feet of single, continuous primary
ballroomlexhibition space. ("Single, continuous primary ballroom/exhibition space"
denotes one large-scale meeting/convention area and does not include the square foot-
age of conference facilities with smaller individual meeting rooms.)
2) In these six Planning Areas, the total square footage of conference and meeting space,
including primary ballroom/exhibition space and individual meeting rooms, shall not
exceed 140,000 square feet.
3) A total of 1,900 overnighttresort accommodations are allowed.
Newport Com LCP Smond Amc d�
December 7.1996
91
4) Within Planning Areas PA 13A-13F and PA 14, there shall be a maximum of 2;150
overnight/resort accommodation units. Of this total, (1)no more than 1,800 units may
be individually owned; and (2) at least 350 units shall be hotel, motel or other non-
individually owned, non-timesharing condominium resort accommodations. Coastal
Development Permits for individually owned and timesharing condominium
overnight/resort accommodations shall be conditioned to require contracting with a
management company or companies to supply rental services to the project (e.g.,
advertising of units to the general public, taking reservations for the general public,
housecleaning, guest check-in, security, etc.).
5) Casitas shall be counted as follows with respect to the maximum 1,900 permitted
overnight/resort visitor accommodations:
a) Casitas with one or two bedrooms shall be considered one (1) overnight/resort
accommodation; and
b) Casitas with 3 or more bedrooms shall be considered two (2) overnight/resort
accommodations.
c. Day-use retail commercial facilities, in addition to those included within hotels and other
accommodations areas, are allowed, and will not exceed a total of 75,000 square feet of
floor area.
d. The architectural character of the resort area will be derived from Mediterranean hillside
communities. Multi-storied structures will be varied in vertical and horizontal dimensions
to reflect the hillside terrain. The building heights, setbacks, and site coverages set forth
below and on Exhibit J have been designed specifically to create this Mediterranean
character.
The combination of building height limits, site coverage limits, and building setbacks will
create a terraced effect by placing lower structures in front of higher structures, and will
break up building masses by controlling the number and location of taller structures.
e. Maximum building heights are designated by individual height zones on Exhibit J.
Nc.Wn Coml LCP Sccmd/mmldmem
December 3.1996 1-4.2
92
2. LOWER WISHBONE (PA 14)
a. Principal permitted use includes ovemight/resort accommodations and uses ancillary to and
directly supportive of overnight/resort accommodations, including rooms, retail
commercial, and service commercial uses, and incidental and other support facilities
normally associated with resort hotels such as food preparation, housekeeping,
maintenance, and manager's areas.
b. Incidental and accessory commercial development shall include only uses supporting and
directly relating to the adjacent park, overnight/resort accommodations, and recreational
visitor activities.
c. Maximum number of overnight/resort accommodations (i.e., hotel or motel guest rooms
or casitas) shall be 250. Within Planning Areas PA 13A-13F and PA 14, there shall be
a maximum of 2,150 overnight/resort accommodation units. Of this total, (1) no more than
1,800 units may be individually owned; and (2) at least 350 units shall be hotel, motel or
other non-individually owned, non-timesharing condominium resort accommodations.
Coastal Development Permits for individually owned and timesharing condominium
overnight/resort accommodations shall be conditioned to require contracting with a
management company or companies to supply rental services to the project (e.g.,
advertising of units to the general public, taking reservations for the general public,
housecleaning, guest check-in, security, etc.).
d. Principal permitted uses and accessory uses, including overnight/resort accommodations
and all directly supporting commercial facilities but excluding parking facilities and the
day-use commercial described in(f) below, shall not exceed a total of 300,000 square feet.
Within this total area, Planning Area PA 14 shall not contain more than 18,750 square feet
of meeting space.
e. Casitas shall be counted as follows with respect to the maximum 250 permitted
overnight/resort visitor accommodations:
Newport Cout LCP Second Amendment
Deecmbcr 3,1996 I-4.7
93
1) Casitas with one or two bedrooms shall be considered one (1) overnight/resort
accommodation; and
2) Casitas with three or more bedrooms shall be considered two (2) overnight/resort
accommodations.
f. Day-use retail commercial facilities, in addition to those included within hotels and other
accommodations areas, are allowed and shall not exceed 25,000 square feet of floor area.
g. Maximum height of structures shall be 35 feet, except towers, gables, spires, flag poles,
chimneys, mechanical equipment, and architectural features will have a maximum height
of 47 feet.
h. Maximum building site coverage (excluding parking structures) shall be 50%.
i. Minimum site landscaping shall be 15% of the net area of the site. To minimize to the
extent practicable any views of the hotel parking areas from inland portions of Crystal
Cove State Park, landscape screening shall be provided parallel to the perimeter of parking
areas in Planning Area PA 14 which border Muddy Canyon.
j. Minimum building setback from PCH is 100 feet. Surface parking is permitted in setback
area.
3. LAGUNA CANYON (PA 20A)
a. Principal permitted use includes retail commercial, service commercial, commercial
recreation, and incidental and accessory uses supportive of and directly related to permitted
uses and/or public works facilities.
b. Principal permitted uses and accessory uses shall not exceed a total of 75,000 square feet
of floor area.
Newport Coast LCP Smond Amendment
DettmheO.1996 1-4.8
94
CHAPTER 5
TOURIST COMMERCIAL PLANNING AREAS
A: . PURPOSE AND INTENT
The Tourist Commercial Planning Areas of The N&"ort Coast Planned Cor imunity are established
to provide for the development•and maintenance bf destination resort and related tourist/recreatioiial
visitor-serving facilities; cultural, community and community services facilities, and accessory uses
and structures, in proximity to Crystal Cove State Park and major beach areas. These Tourist
Commercial Planning Area Regulations are intended to implement the LCP Land Use Plan's Tourist
Commercial Policies Section I-4-A subject to the requirements of the WP Land Use Plan's Policies
in Chapters 3 and 4. In addition to the site development regulations provided below, individually
owned accommodations(e.g., caritas and tithe-sharing condominiums) in the desihiation,resort shall
be developed pursuant to the Subdivision Code and/or other County and State regulations applicable
to the type of accommodation units being developed.
B. PRINCIPAL PERMITTED USES
The following principal permitted, uses are permitted in all Planning Areas d"e"signated for Tourist
Commercial use subject to the approval of a Coastal Developmerit Permit as in Chapter 10;
1. PRINCIPAL PE ITTED USES SUBJECT TO PLANNING COMMISSION
APPROVAL:
a. A destination resort and other commercial recreation uses, as defined in the LUP and
Chapter 12, Definitions, of this IAP(Planning Areas PA 13A, PA 13B; PA f 3C,PA 1.3D,
PA 13.13, PA OF, PA 14 and PA 20A), comprising the following types of visitor-serving
uses
1) Oveinight/resort visitor accommodations not to exceed two thousand one hundred and
fif
ty ( ,21
50) accommodations (e.g., hotel morns, motel rooms, caritas, time-sharing
condominiums, etc:). Within Planning Areas PA 13A-13F and PA 14; there shall be
Newp6h Coast LCP_Sccond_Amendment
Dmember3,1996 11-5.1
95
a maximum of 2,150 overn I ight/resort accommodation units. Of this total, (1)no more
than 1,800 units may be individually owned; and at least 356 units shall be hotel,
motel or other non-Individually owned, non-timesfiarinigi condominium resort
accommodations. Coastal, Development: Permits for individually aWned and
timesharing condo in overnight/resort accommodations shall be conditioned to
require contracting with a management company or companies to supply rental services
to the project(e.g:, advertising of.units to the general public, taking reservations for
the general public, housecleaning, guest chec-k-Jnj security, etc.);.
2) Retail and service commercial.
3) Parking structures.
4) Conferencb, convention, and other Ancillary facilities;
5) Restaurants:
6) Cocktail lounges and bars.
7) Coinmercia'.1 recreation uses.
8) Health facilities.
9) Public and private golf courses and related facilities,
10) Service Stations per Zoning Code 8eb don 1-94 14.
11) Helistops and helip6iU to be used for shuttle transportation only.
12) Other uses Ancillary to a.destihation.resort,
b. Cultural facilities including butnot limited to museums, art gal I lerieV exhibitsj and theaters.
Newport Cont LC P Second Amendment
December 3,1996 11-5.2
c. Visitor-oriented day-use retail and service commercial totaling not more than 75,000 square
feet in PA 13A through PA 13F, and not more than 25,000 square feet in PA 14.
d. Visitor-oriented retail commercial, service .commercial, public works facilities and
commercial recreation, totaling not more than 75,000 square feet in PA 20A.
2. PRINCIPAL PERMITTED USES SUBJECT TO ZONING ADMINISTRATOR
APPROVAL:
a. Community facilities including the following uses, and related and similar uses:
1) Intra-community directional signs.
2) Riding, hiking and bicycle trails.
3) Security facilities and structures.
4) Maintenance facilities and structures.
b. Community service and community service commercial facilities including the following
uses, and related similar uses:
1) Fire stations.
2) Public and private nursery schools and day care.
3) Public and private recreation centers and facilities.
4) Visitor/information services/centers.
c. Communication transmitting, reception or relay facilities.
Newport Comt LCP Second Amendment
December3,1996 11-5.3
9�
o�
v\. 40'
80�
zl 35'
� 40'
-^33C5(('
i G� 35' 40' 60' 30'
o ss
�•• .�. c 65' S0
65
(10
i 5
N1 N
Pacific CoastHighway
FELOC AM MOLL RIES HIr MERONT
WHIES o 0Q@@nd A° !l! @ndU�IU GM Echibit J
The Newport Coast Local Coastal Program NOT TO SCA
OecanbW 3.10%
9g
Attachment No. PC 9
CDP No. PA-10079 (Excerpt)
V�
QP
�P
soo
i
i
-�•� OND MONALLY
J26 : G DATE'
NEWPORT CURRENT PLANNING StN
COA T
COASTAL DEVELOPMENT PERMIT
Planning Application No. 01-0079
Planning Areas 3B and 14
Prepared for
County of Orange
Planning and Development Services Department
Current Planning Services
Contact: Chad Brown, Chief Current Planning
714/834-5159
Submitted by:
IRVINE COMMUNITY DEVELOPMENT COMPANY I
550 Newport Center Drive
Newport Beach, CA 92660
Attn: Roberta Marshall
949/720-2293
Prepared by:
CULBERTSON,ADAMS& ASSOCIATES,INC.
85 Argonaut, Suite 220 i
Aliso Viejo,CA 92656-4105
Contact: Kevin Canning
949/581-2888
August 2001
i
I
101
`I
I
PA 14 was anticipated,and approved for, development of up to 250 Tourist Commercial
units.
While the addition of the detention basin will be beneficial for both the developments
within the Newport Coast and for the protection of adjacent coastal resources, due to its
size, location and capacity (49 acre-feet), the addition of the basin has rendered the final
increment of what had been PA 14 an infeasible development site for the original tourist
commercial uses. The boundary adjustment would permit the remaining undeveloped
area to be developed as I 1 single-family home sites consistent with the balance of PA 3B.
B. Statistical Table Update
The Newport Coast LCP Second Amendment permits the adjustment of dwelling units in
the Statistical Table (see exhibit 2.2 Planned Community Statistical Table - Proposed
Sixth Revision, October 2001). The adjustments proposed with this CDP consist of
refinements intended to reflect more accurate final development figures based upon
project and permit approvals since the last update of the Table, as well as those proposed
with this application. Refinements to the "Estimated Dwelling Units/Accommodations"
are as follows:
Table 2 — Technical Refinement to Statistical Table
Current Estimated � tl
Planning Dwelling Units/ RI
Accomrnodations� *10 -F f
1C 173 171 PA01-0079
2A 212 202 PA01-0079
2C 567 517 CP 01-0038
3B 248 296 CP 01-0039
5 156 170 CP 01-0038
13C 450* 700* PA01-0079
14 250* 0 PAO1-0079
I
Of the proposed refinements, two are the result of previously approved adjustments
through Changed Plans (as indicated), and others stem from the subject application.
These allocations place estimated dwelling units where there is development potential.
The subject application would also add l Iunits (VTT 16269) plus 17 additional units
reallocated to PA 3B, which remains well under the maximum number established by the
LCP. This application would also remove the projected 250 Tourist Commercial units
from PA 14, as the site is physically incapable of accommodating such a small casitas
development. The removal of 250 casitas units from PA 14 does not affect the LCP's
overall policy regarding the establishment of a minimum of 350 hotel or non-
individually-owned over-night accommodations since those hotel units can be
accommodated in other Tourist Commercial Planning Areas (13C, 13D and 13E).
Coastal Development Permit PA 01-0079 October,2001
Planning Area 3B and 14 Page 7
102
i
NEWPORT COAST LOCAL COASTAL PROGRAM - SECOND AMENDMENT
PLANNED COMMUNITY STATISTICAL TABLE - PROPOSED SIXTH REVISION (OCTOBER, 2001)
Status as of December 2000
ESTIMATED(1) MAXIMUM(2) DWELLING UNITS ON BUILDING PERMITS
LAND USE PLANNING GROSS ACRES GROSS ACRES DWELLING UNITS/ DWELLING UNITS/ APPROVED SUBDIVISIONS ISSUED OR UNITS
CATEGORYICODE AREA NON-COMMERCIAL_ COMMERCIAL ACCOMMODATIONS ACCOMMODATIONS Tentative Mas Final Mas UNDER CONSTRUCTION
RESIDENTIAL: _
High/H 1A 25.5 - 29 150 29 29 29
Medium/M 16 133.7 - 117 140 _ 117 117 _ 104
>. (j � . 3 flu` :`. -s' �,. ,. s<V..
R.-fl,L�'-` '. "`�'-.,�. 9' "�"a � gl, Z .'"ve-11.1 } Faa .n.
=T ,....v.+ -:'` ., "s '-"'"."" r''""' ^5 _ a v '..;+� - 'r-. �: IN
e tuur- - _,.� ,.:.i'c�`-t a, ..�.,: "tc .5,'-„' 'tom': - r w� ERR,%-, N T d ` win-'t•r.-•" - - .. "tis=cu3.nu�". -' Sa;F
n 26 Or3.3 3 48 53 b8 48 486
_.. y ..,t;:.''+r• ucy ,s, -n - 'x'ss'�'" ,°E': .vv.
ad�m M ..� ' vz =�:.: --"•`3� � u,::+:1 u.�. x",'.=r, ` ��,.,,x a.„z.+'.. 470 � i sz :G1 s . 3
j23
:- .. ... ,._., ,,.... .--' •' -r_... �,.��..:. f", ..,. P.''s- '-'t*y - ._ 3"° :sx .r »,, . k" ,�..$ w..,, ._�. .,v .�''"=`x�_�- -."'�sn`2. -'^"sit -+ra•;arfi:,,.,�0 p,�.n" : w'* ::""' '* n.
:.. n..., s 'h� ...wse�':�, '' t+s.�n .s '¢ .xM:_� #� ass..._ .��. '--. •-..__.,_M=...n � �.x... ,'-��' .�»'.
Medium/M 4A 237.4 - 180 (c) 784 180 0 0
Medium/M 48 100-8 100 �c 507 100 0
`�P()IYP.'�Fiiltiflt4lV:Tes ,. »m - i ='= '`a"r' y,,"-y. »+ k ..c:_ p vs"' ` .a ' -Sax.. 4 �„
�" . .�.=. :r .,.»,. �.: nr:;,.e'. ,- sw�irc "�.6 `'���`{'�".-.�",v&''! �'. �k. -�'.o- -` :.
LowiL 6 72,8 ( 0' 75 0 0 0 r
low/L 7A 25.0 - 0 (d) 18 0 0 0
Low/L 7B 25.0 - 0 (d) 10 0 0 0
High/H 8 35.7 (3) 96 (d) 384 96 96 96
Medium-Low/ML 9 60.8 4 55 76 55 55 41
TOTAL
RESIDENTIAL 1,868.0 10.0 (3) 2,600 2,600 2,690 1,841 1,418 -
OPEN SPACEIRECREATION:
GOLF COURSEIG 10A 294.6 - - - -
10B 58.8
RECREATION/R:
Buck Gully,Los Trancosl 11A 203.5 - - - - - -
Muddy Canyons,Pelican/ 118 99.5 - - - - -
Wishbone Hill Areas 12A 577.3 (d) - - - - - -
12B 58.0 - - - - - -
12C 98.0 - - - - -
12D 34.5 - - - - -
12E 289.6 (d) - - - - - -
EI Moro Elementary School 12F 14.5
Moro Sliver 12G 35.0
12H 37.5
121 19.6
Laguna Beach County Water District 12J 9.0
Crystal Cove State Park 17 2,807.0 (5) - - - - - -
Irvine Coast Wilderness 18 544.0 (8) - - - - - -
Regional Park(5) 19 133.0 (6) - - - - - -
Recreation Parcels Adjacent 20B 12.0 - - - -to Laguna Canyon Road 20C 8.0 - - - -
CONSERVATION/C
Conservation Parcels Adjacent 16A 10.0
to Laguna Canyon Road 16B 1.4
Irvine Coast Wilderness 21A/218 1,989.0 (6) - - - -
Re Tonal Park 5 21 C/21D
TOTAL
OPEN SPACE&RECREATION 7.333.8 0 0 0 0 0 0
TOURIST 13A 6.2 (7) 48.8 546 (8) 1,100 546
COMMERCIALITC 138 27.2 164 (8) 600 154
:.: �. ;�.« '',16-11 ,�.� ._ �:.�`,
- _
130 2 ,. 35.4
13E 46.0 (7) 13.4 150 300 - -
13F 13.8 (7) 0 0 -
rts ,T... ,.< � .smf -, a = :-::.: ^: - �u_"z'+ ^n?§t .., ,. = '_ " "^ . =4 V ..
r �� '�-',�,�'...a3'�,*�,.�d^»�r�"21.y�""-.��' .s�-.r�'�`.�,v�fl3'i'4: v. '*' fi .,u.�.rw�».�sA'�::.:-�.:--a:�,`�.�'`.,.;a., . . T,. �t•'R`,�..'t ,-n:, ..M4- �p�.' 'I,�- :- �1 '(0 ':,i "��+�.-. .._�5•a. .:3-=''.�' u ic•M1d�.. .,::,y,�,���„rx'� 0-
20A
..,.�,...,.»., �.;�w '".,,-.-w..t....-a.,._..,,,..M'�. .,...,..,._..a,..,,r�,...N..�._ �"a ", ,,.__:?at+ac"�i�d..''�_ a'i Kfkn...�-.mrt,ns....rM..asa,,,..t,._�.=^sdk.,.�aa�»","�a .�.__cvu.�,.�4.,..aau.-.hd �. ..7ss...�`
20A 17A 0 0
TOTAL
COMMERCIAL 74.0 7 201.3 W60 1 2"-o 1,150 0 0
GRAND TOTAL 9,275.8 211.3 3 600/2,150 2,600/2)U 11 2 25311,150 1,730 1,079
(1) Estimated number of dwelling units or accommodations per Planning Area.
(2) Maximum number of dwelling units or accommodations per Planning Area.
(3) A maximum of 10 gross acres(100,000 sq.ft.)of Neighborhood Commercial will be permitted in Medium/High Residential Planning Areas PA 1C,PA 2A,PA , PA 3A,PA 38 or PA 8, PA 1 3�inCreasedoby
(4) 27.4 acres of Residential Planning Area 9 is devoted to Golf Course.(6) Acreage includes the mobile home park. Total of 2,150 unchanged250 fr
(6) Total area of Irvine Coast Wilderness Regional Park is 2,666 acres.
(7) 74.0 acres within Tourist Commercial Planning Areas is devoted to Golf Course.
(8) The equivalent of 700 resort accommodations have been approved in a Coastal Development Permit for the Mamott Vacation Resort.
TECHNICAL REFINEMENTS
(a)Reflects revisions made as part of Site Development Permit PA 970180 and PA 980037,administratively approved on April 14,1998 and June 9,1998,respectively
(b)Reflects Coastal Development Permit PA 980049,approved by the County of Orange Planning Commission on July 7,1998,and subsequent technical refinements PA 14 decreased by
(c)Reflects Coastal Development Permit PA 980139,approved by the County of Orange Planning Commission on November 17,1998 250 from 250 to 0
(d)Reflects modifications proposed as part of appeal of Master Coastal Development Permit-7th Amendment,including a balancing of dwelling units reflecting final development plans
(e)Reflects Changed Plans approved for CDP Permits CP 01-0038 and CP 01-0039,administratively approved on August 30,2001 10'7S
(f)Reflects Coastal Development Permit PA 01-0079,approved by the Planning Commission on................................. 10/29/2001 EXHIBIT 2.2
V�
QP
�P
�o�
Attachment No. PC 10
Chronology of Hotel Room and
Commercial Development Allocation
i05
V�
QP
�P
zoo
Attachment PC 10
October 6, 2016
LUE Correction
Chronology of Hotel Room and Commercial Development Allocation
1996 The County of Orange (County) adopts the Newport Coast Local
Coastal Program (LCP). The LCP allows 1,900 hotel rooms with a
maximum development capacity of 2.66 million square feet for hotel
rooms and associated uses in Planning Area 13. Additionally
75,000 square feet of day use commercial is allocated to Planning
Area 14. The LCP also includes 250 hotel rooms with a maximum
development capacity of 300,000 square feet in Planning Area 14.
Additionally 25,000 square feet of day use commercial is allocated
to Planning Area 14 and 100,000 square feet of day use
commercial is allocated to Planning Area 3B. Total Development
Limits:
• Hotel Rooms: 2,150
• Square Footage Associated with Hotel Rooms: 2.96 million
square feet
• Square Footage Allocated for Day Use Commercial: 275,000
square feet
October 2000 The City of Newport Beach (City) amends the General Plan to add
Newport Coast and Newport Ridge. The newly annexed area is
identified as Statistical Area N in the general plan. The Estimated
Growth Table for Statistical Area N includes the 2,150 hotel rooms,
but does not note the square footage allocated in Planning Areas
13 and 14.
• Hotel Rooms: 2,150
• Square Footage Allocated for Day Use Commercial: 100,000
square feet
October 2001 The City enters into a Cooperative Agreement with the. The
agreement recognizes that all planning for Newport Coast has been
processed through the County and that the County will retain permit
and land use authority until each planning area is determined to be
fully improved. The agreement also recognizes that the County is
authorized to issue permits and allow development as specified in
the Newport Coast LCP.
November 2001 The City enters into the Newport Coast Annexation and
Development Agreement with the Irvine Company. Included in the
agreement is a provision requiring that the City's General Plan and
zoning essentially remain identical to the County designation in
effect at the time of annexation for the term of the agreement.
ZOj
Attachment PC 10
October 6, 2016
LUE Correction
November 2001 County of Orange Planning Commission approves Coastal
Development Permit No. PA-010079 that transfers 250 hotel rooms
and associated 300,000 square feet from Planning Area 14 to
Planning Area 13. Square footage allocated for day use commercial
in Planning Area 3B (100,000 square feet), Planning area 13
(75,000 square feet) and Planning Area 14 (25,000 square feet) are
unchanged. See Attachment PC 8 for LCP development allocations
and Attachment PC 9 for excerpt from CDP No. PA-10079.
July 2006 The City adopts a comprehensive General Plan Update and it
includes Anomaly No. 60 which is allocated 2,150 hotel rooms and
2.66 million square feet of associated development capacity.
Anomaly 60 includes the correct number of hotel rooms but omits
the 300,000 square feet of development capacity allocated by the
LCP for the 250 hotel rooms transferred from Planning Area 14 to
Planning Area 13 in 2001. The correct square footage associated
with the 2,150 hotel rooms is 2.96 million square feet. Anomaly 60
also does not include 75,000 square feet of Day Use Commercial
uses allocated to Planning Area 13.
102
Attachment No. PC 11
Land Use Element Figure LU15 (Statistical
Area N — Newport Coast)
109
V�
QP
�P
220
CITY of NEWPORT BEACH
g
GENERALPLAN
Figure LU15
STATISTICAL AREAS
N
PF
S Residential Neighborhoods
es-o Single-Unit Residential Detached
El Single-Und Residential Attached
TwoUnitResidential
Multiple Unit Residential
MuIY le-Unit Residential Detached
Commercial Districts and Corridors
a
.g • _ 1 cN Neighborhood Commercial
�� cc Corridor Commercial
M d�
- General Commercial
Visitor Serving Commercial
7t2 du i ` - Recreational and Marine
Commercial
o 1, Regional Commercial
Commercial Office Districts
General Commercial Office
vJ° I Medical Commercial Office
N - Regional Commercial off-ice
Industrial Districts
Industrial
o ( ,
Airport Supporting Districts
Airport Office and Supporting Uses
/ _ ( Mixed-Use Districts
ey' Mixed Use Vertical
it Mixed Use Horizontal
'I a1u-w Mixed Use Water Related
0j %• Public, Semi-Public and Institutional
t
Pr Public Facilities
s -Private Institutions
t '�� ( �Parks and Recreation
os Open Space
� 74
f rs Tidelands and Submerged Lands
r
i I r�+r City of Newport Beach
-\_ Boundary
A Statistical Area
Boundary 1 N Y
Land Use Delineator Line
• Refer to anomaly table
0 0.5 1 Miles
I
LU15_NP_Coast.mxd July/2007 222
Planning Commission - October 6, 2016
Item No. 6a Additional Materials Received
General Plan Land Use Element Correction - Newport Coast (PA2006-159)
Oct. 6, 2016, Planning Commission Agenda Item Comments
Comments on Newport Beach Planning Commission regular meeting agenda item submitted by:
Jim Mosher( iimmosher(o),vahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 6. GENERAL PLAN LAND USE ELEMENT CORRECTION -
NEWPORT COAST (PA2006-159)
This item asks the Commission to "affirm" suggested "corrections" to the Newport Beach
General Plan development limits for Newport Coast presented to and approved by voters in
Measure V (2006), and presented to them again in Measure Y (2014), and now said to be the
wrong numbers, based on memories and reconstructions of events much farther removed from
the events than they were when originally presented. Likewise, numbers presented to the
Commission for affirmation just a little over a year ago, on May 21, 2015, are now also said to
have been the wrong numbers. And it continues to be acknowledged that the primary land use
granting authority in Newport Coast is the County, administering its own, but apparently County-
modifiable, Coastal Commission certified Local Coastal program, regarding which the City has
limited understanding and to which the numbers in the City's General Plan (and Development
Agreements with the City) may or may not have any relevance.
Before taking any action on anything related to Newport Coast (or Newport Ridge), I would
suggest the Commission hold a study session, with County personnel present, to better
understand the present status and future plans for the land annexed in 2002, who administers
and controls those plans, and how the various planning documents and agreements interact
with each other. Only then can the Newport Beach Planning Commission make thoughtful
recommendations.
As the staff report indicates (page 3), Newport Coast has generated "a large library of policy,
regulatory and environmental documents," mostly kept by the County, and some of which may
contradict others.
I have seen only a fraction of those, but, I have seen enough to question what is in the staff
report—and too much to clearly explain in this comment.
Aside from the question of whether it is proper, after an election to "correct" what voters voted
on, the most salient points would seem to be:
1. The County's transfer of 250 hotel rooms (County PA01-0079 in November 2001)
occurred after, not before, the effective date of Development Agreement 14.
2. One of the conditions of approval of PA01-0079 was "This approval is valid for a period
of 24 months from the date of final determination. If the use approved by this action is
not established within such period of time, this approval shall be terminated and shall
thereafter be null and void." Fifteen years later, the uses still do not appear to have
been established.
3. Whether or not the transfer of PA01-0079 is still valid and covered by the Development
Agreement, it could not have resulted in more than a total of 1,900 visitor
Planning Commission - October 6, 2016
Item No. 6a Additional Materials Received
October 6, 2016, PC agendadger6l(MamO9tsd-Utiei Namllwnt Correction - fld®n&fC2oast (PA2006-159)
accommodations in what the City General Plan calls "Anomaly 60" (the Pelican
Hills/Marriott complex) —and it did not. The numbers shown for"Estimated
Accommodations" in County Planning Areas 13A-13F, as shown on handwritten page
103 of the present staff report) total 1,850. To exceed 1,900 would be inconsistent with
the limits established by the California Coastal Commission in the County's certified
Local Coastal Program.
4. Likewise, the development area for the 1,900 visitor accommodations allowed within the
City's Anomaly 60 is limited by the LCP to 2.66 million square feet (plus 75,000 square
feet for day use retail commercial facilities in addition to those included within hotels and
other accommodations).
5. The importance of these limits was acknowledged by the County in the "LAND USE
PLAN POLICIES' section of the staff reports processing Planning Applications PA03-
0075, PA03-0076, PA03-0077 and PA03-0078 on November 9, 2004 (see attached) —
three years after the approval being cited as the basis for the recommended "correction"
to the City's voter-approved General Plan.
Based on the above, it appears the numbers approved by voters in the existing General Plan,
the numbers being suggested to the Planning Commission in 2015, and the ones being
recommended in the present proposal are all inconsistent with other planning documents. In my
opinion, the rationale for preferring one "wrong" set over another has not been explained.
Planning Commission - October 6, 2016
Item No. 6a Additional Materials Received
General Plan Land Use Element Correction - hast (PA2006-159)
RDMD/Planning and Development Services
MS Word Export To Multiple PDF Files Software - Please purchase license.
DATE: November 9, 2004
TO: Orange County Planning Commission
FROM: RDMD/PDS/Current and Advanced Planning Services
SUBJECT: Public Hearing on Planning Applications PA03-0075, PA03-0076, PA03-0077 and
PA03-0078 for Coastal Development Permits.
PROPOSAL: The project applicant is submitting four Coastal Development Permit (CDP)
applications requesting County of Orange (County) approval of the Pelican Hill
resort project, a tourist commercial and visitor serving destination resort. Resort
components include the construction and operation of the following:
PA03-0075 Pelican Hill Lower Casitas - 76 time-share casitas that will be 1- and 2-
story buildings with 3 or 4 bedrooms in each unit. In addition, an approximately
9,750-sq. ft. recreation center will be built for the use of guests of the upper and
lower casitas.
PA03-0076 Pelican Hill Inn - a hotel consisting of 204 overnight/visitor
accommodations, a day spa, a pool, restaurants and bars, conference and meeting
areas, retail commercial, and a parking structure in support of those uses.
PA03-0077 Pelican Hill Golf Club - a new, approximately 36,500-sq. ft. clubhouse
facility, including a pro shop, locker rooms, a restaurant, an office, a parking
structure, and a new golf cart bridge over Pelican Hill Road South to provide access
to the golf course starting holes. Minor modifications will be made to the existing
golf practice facilities.
PA03-0078 Pelican Hill Upper Casitas - 52 time-share casitas that will be 2-story
"stacked flats" with four units per building.
LOCATION: The proposed Pelican Hill resort is located in the 9,493-acre Newport Coast Planned
Community (NCPC) in the coastal foothills of Orange County, which is now a part of
Newport Beach. The area covered by the proposed Coastal Development Permits is
Planning Area 13C, 13D, 13E, 13F and Golf Course Planning Area 10A of the
Newport Coast Local Coastal Program, Second Amendment. Specifically, the
project is located northeast of Pacific Coast Highway and north of Newport Coast
Drive off Pelican Hill Road South. Fifth Supervisorial District.
APPLICANT: The Irvine Company
STAFF William V. Melton, Planner IV
Planning Commission - October 6, 2016
Item No. 6a Additional Materials Received
General Plan LancRDMDRMQ fi9pz6bP, *&E9� 0=06-159)
PA03-0075, 76, 77 and 78 The Irvine Co.
Page 7 of 11
TENTATIVE TRACT MAPS
Associated with these Coastal Development Permit proposals are Vesting Tentative Tract Maps (VTTM)
16566, 16567 and 16568. These VTTMs establish final project boundaries and future divisions in the two
casitas proposals. The Planning Commission is not approving the VTTMs, only the Coastal Development
Permit that will allow the Orange County Subdivision Committee to approve the VTTMs. The conditions
of approval of the three associated Coastal Development Permits (PA03-0075, PA03-0076 and PA03-
0078) will be incorporated into the three proposed Vesting Tentative Tract Maps.
CONSISTENCY WITH LOCAL COASTAL PROGRAM SECOND AMENDMENT
The 1996-certified Local Coastal Program Second Amendment provides for the development of a
destination resort in the Newport Coast Planned Community. Approval and construction of Pelican Hill
will cant'out the visitor-serving goals of the LCP and Coastal Act by:
1) Providing overnight and day-use facilities in close proximity to the Crystal Cove State Park;
2) Providing overnight and recreation facilities in this area of southwest Orange County, which the
LCP indicates has a significant demand for such facilities;
3) Providing one of the planned-for components of the destination resort, which, unlike an isolated
individual hotel, will provide a broad range of accommodations and recreational facilities
ultimately combining to create a relatively self-contained, self-sufficient center for visitor
activities; and
4) Enhancing traffic benefits in this area by providing overnight facilities near the state park and
other coastal access opportunities, providing day-use commercial facilities for state park users,
locating near transit facilities along Pacific Coast Highway, providing on-site recreational
amenities and providing shuttle service to John Wayne Airport.
The proposed project complies with the LCP Environmentally Sensitive Habitat Area policies in that no
development proposed in the Tourist Commercial Planning Areas will modify or eliminate Environmentally
Sensitive Habitat Category Areas.
LAND USE PLAN POLICIES
The Local Coastal Program Second Amendment, Land Use Plan, discusses the resort as a component of the
LCP in Chapter I-1.6. Chapter 5 addresses Development Policies for Planning Areas 13A through 13F
which include:
• A maximum of 1,900 ovemightlresort accommodations (a maximum of 2,150 overnight/resort
accommodations in the entire Newport Coast PC including Planning Area 14). Of this total, (1)
no more than 1,800 units may be individually owned: and (2) at least 350 units shall be hotel,
motel or other non-individually owned,non-timesharing condominium resort accommodations.
Planning Commission - October 6, 2016
Item No. 6a Additional Materials Received
General Plan LancRDMDRMQ fl9pz6bP, *&E9� 0=06-159)
PA03-0075, 76, 77 and 78 The Irvine Co.
Page 8 of 11
Currently 700 time-share units have been approved in PA 13A and 13B for the Marriott Resort
(PA98-0057 and PA01-0066). As a result of Coastal Commission actions and a series of
Changed Plans, it is highly unlikely that resort facilities will be constructed in PA 14. However,
an amendment to the LCP could transfer the units designated for PA 14 to other planning areas.
Subtracting the 700 units in PA 13A and 13B from the 1,900 units permitted leaves 1,200 units
available for this proposal. The total number of units proposed for the Pelican Hill resort is 408
(the 76 - Lower Casitas proposal counts as two units each because the units have 3 or more
bedrooms). This project is therefore consistent with the development policies.
• A total of not more than 2.66 million square feet.
The four Coastal Development Permits have a total of 762,500 square feet and the Marriott was
approved for 1,175,000 square feet for a total of square 1,937,500 feet in Planning Areas 13A
through 13F. This project is therefore consistent with the development policies.
• A total of not more than 140,000 square feet of primary ballroomlexhibifion space and
individual meeting rooms, with no single, continuous primary ballroom/exhibifion space
exceeding 60,000 square feet.
Only the Pelican Hill Inn has meeting rooms or ballroom/exhibition space. The inn has a single
conference/event center with 41,900 square feet. Smaller meeting rooms are proposed in the
lower level of the hotel core. No other meeting areas are proposed in any other planning area
within the resort. Therefore, the project is compatible with the restriction of continuous space
and the restriction on total space. As proposed, there is a considerable reduction in the intensity
for the area over what was contemplated in the certified Local Coastal program.
• Not more than 75,000 square feet in day use retail commercial facilities in addition to those
included within hotels and other accommodations.
No such retail commercial facilities are proposed.
• Maximum heights not to exceed those depicted in Exhibit J to the LCP.
No structures proposed by the Coastal Development Permits will exceed these height
restrictions.
The proposed project is consistent with the Development Policies stated above. It is also consistent with
site-specific planning area development policies as identified in Section IV: Consistency Analysis, of each
planning application.
Chapter 5 of the LCP contains regulations affecting development and identifies principal permitted uses and
site development standards. Each planning application details these specifics for each planning area in
Section IV: Consistency Analysis. The proposed project is consistent in each of these areas.