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HomeMy WebLinkAboutTPO082_CIRCULATION AND OPEN SPACE AGREEMENT IIGIIII IIII III II I IIIIIII IIIII II�II IIII III ICI TP0082 RESOLUTION NO. 92.88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE THE FINAL ENVIRONMENTAL IMPACT REPORT NO. 14§ FOR THE CIRCULATION IMPROVE• MENT AND OPEN SPACE AGREEMENT WHEREAS, the Draft Environmental Impact Report No. 148 provided environmental impact assessment for the proposed Circulation Improvement and Open Space Agreement, and WHEREAS, the DEIR was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and Council Policy K-3; and WHEREAS, the DEIR was circulated to the public for comment and review; and WHEREAS,written comments were received from the public during and after the review period; and WHEREAS, the Planning Commission of the City of Newport Beach conducted a public hearing to receive public testimony with respect to the DEIR; and WHEREAS, such comments and testimony were responded to through Response to Comments and staff reports submitted to the Planning Commission and City Council; and WHEREAS, such comments and testimony were fully and adequately responded to in the manner set forth in California Administrative Code Section 15088 (b); and WHEREAS, as a result of the additional information provided in the Response to Comments, a supplemental EIR was prepared and circulated for public comment; and WHEREAS, the SEIR was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and Council Policy K-3; and WHEREAS,written comments were received from the public during and after the review period; and WHEREAS, such comments and testimony were responded to through Response to Comments and staff reports submitted to the City Council; and WHEREAS, such comments ,and testimony were fully and adequately responded to in the manner set forth in California Administrative Code Section 15088 (b); and WHEREAS, the City Council of the City of Newport Beach has reviewed all environmental documents comprising the EIR and has found that the EIR considers all environmental impacts of the , proposed Circulation Improvement and Open Space Agreement completely and adequately and fully complies with all requirements of CEQA and the CEQA Guidelines; and WHEREAS, the City Council has reviewed and considered the information contained in the certified final EIR in making its decision on the proposed Circulation Improvement and Open Space Agreement; and WHEREAS, the City Council desires to approve the project; and WHEREAS,the City Coundilby this Resolution adopts the Statement of Facts and Statement of Overriding Considerations as required by Sections 15091 and 15093•of the State CEQA Guidelines; and WHEREAS, Section 21002.1 of CEQA and Section 15091 of the State CEQA Guidelines require that the City Council make one or more of the following Findings prior to the approval of a project for which an EIR has been completed, identifying one or more significant effects of the project, along with Statements of Facts supporting each Finding: FINDING 1 - Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the EIR. FINDING 2 - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the Finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 2 FINDING 3 - Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR; and WHEREAS, Section 15092 provides that the City shall not decide to approve or carry out a project for which an EIR was prepared unless it has (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings under Section 15091, and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding s concerns as described in Section 15093; and WHEREAS, Section 15093 (a) of the State CEQA Guidelines requires the City Council to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project; and WHEREAS,Section 15903 (b)of the State CEQA Guidelines requires,where the decision of the City Council allows, the occurrence of significant effects which are identified in the EIR but are not mitigated, the City must state in writing the reasons to support its action based on the EIR or other information in the record. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that: 1. The City Council makes the Findings, contained in the Statement of Facts with respect to significant impacts identified in the Final EIR, together with the Finding that each fact in support of the Finding is true and based upon substantial evidence in the record, including the Final EIR. The Statement of Facts is attached hereto as Exhibit 1 and incorporated herein by this reference as if fully set forth. 2. The City Council finds that the Facts set forth in the Statement of Overriding Considerations are true and supported by substantial evidence in the record, including the Final EIR. The Statement of Overriding Considerations is attached hereto as Exhibit 2 and incorporated herein by this reference as if fully set forth. 3. The City Council finds that the Final EIR has identified all significant environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final EIR. 1 4. The City Council finds that all significant effects of the project are set forth in the Statement of Facts. 5. The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the project is approved, all significant effects that can be feasibly avoided or mitigated, have been avoided or mitigated by the imposition of Conditions on the approved project and the imposition of mitigation measures as set forth in the Statement of Facts and the Final EIR and enforced by the mitigation monitoring program. 6. The City Council finds that potential mitigation measures and project alternatives not incorporated into the project were rejected as infeasible,based upon specific economic, social and other considerations as set forth in the Statement of Facts and the Final EIR. 7. The City Council finds that the unavoidable significant impact of the project, as identified in the Statement of Facts, that has not been reduced to a 'level of insignificance has been substantially reduced in impact by the imposition of Conditions on the approved project and the imposition of mitigation measures. The City Council finds that the remaining unavoidable significant impact is clearly outweighed by the economic, social and other benefits of the project, as set forth in the Statement of Overriding Considerations. 8. The City Council finds that the Final EIR has described all reasonable alternatives to the project that could feasibly attain the basic objectives of the project, even when those alternatives might impede the attainment of other project objectives and might be more costly. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the draft EIR and all reasonable alternatives were considered in the review process of the Final 13IR and ultimate decisions on the project. 9. The City Council finds that the project should be approved as modified by the design alternative described in the Statement of Facts and Findings, and that any alternative to this action should not be approved for the project based on the information contained in the Final EIR,the data contained in the Statement of Facts and for the reasons stated in the public record and those contained in the Statement of Overriding Consider- ations. .r 4 10. The City Council finds that a good faith effort has been made to seek out and incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project, including the Final EIR. 11. The City Council finds that during the public hearing process on the Circulation Improvement and Open Space Agreement, the Environmental Impact Report evaluated a range of alternatives. The City Council has considered the recommendation of the Planning Commission in its decision on the project. NOW,THEREFORE,BE IT RESOLVED that the City Council does hereby certify the Final Environmental Impact Report No. 148 for the Circulation Improvement and Open Space Agreement as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and the State CEQA Guidelines. Said Final Environmental Impact Report is comprised of the following elements: 1. Draft EIR and Technical Appendices 2. Responses to Comments 3. Supplemental EIR and Technical Appendices 4. SEIR Responses to Comments 5. Planning Commission Staff Reports 6. Planning Commission Minutes 7. Planning Commission Resolutions, Findings and Conditions for Recommended Approval 8. City Council Staff Reports 9. City Council Minutes 10, City Council Ordinances, Resolution and Findings and Conditions for Approval 11. Comments and Responses received prior to final action and not contained in 1 through 10 above. All of the above information has been and will be on file with the Planning Department, City of Newport Beach, City Hall, 3300 Newport Boulevard, Newport Beach, California 92659-1768, (714) 644-3225. ADOPTED THIS 24th day of August , 1992. r' MAYOR ATTEST: Q PtJh,�e CITY CLERK O M y _ n Attachments: Exhibits 1 & 2 b� r PLT.,.\ED\E1R\EIR148.RS1 �ALA FQV- 5 EXHIBIT 1 STATEMENT OF FINDINGS AND FACTS FINAL ENVIRONMENTAL IMPACT REPORT 148 CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT I. BACKGROUND The California Environmental Quality Act(CEQA) and the CEQA Guidelines(Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects'accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into,the project which avoid or substantially lessen the significant environmen- tal effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdic- tion of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can-and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible,the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines)." The City of Newport Beach has determined that the proposed project should be approved. A description of the project to be approved is provided below.. Because the proposed actions constitute a project under CEQA, and the Initial Study determined that the project could have significant effects on the environment, the City of Newport Beach has prepared an Environmental Impact Report (EIR). This EIR indicates that there will be significant impacts as a direct result of the project in the area of land use, biological resources and public services and utilities (fire protection services);and that significant effects in the areas of aesthetics and air quality will occur on a cumulative basis as a result of the project in conjunction with other past, present and reasonably foreseeable future projects. The Findings and Facts set forth below explain the City's reasons for determining that the project should be approved as proposed. EM113rr 1 Page 1 of 47. 0 • , 11. PROJECT DESCRIPTION A. PROJECT OBJECTIVES - C1Ty OBJECTIVES The City of Newport Beach has several means which it uses to fund park land acquisition and circulation system improvements. These procedures often rely on the development of land in the City. In determining to pursue the possibility of the Circulation Improvement and Open Space Agreement with The Irvine,Company, the City,Council saw the possibility of implementation of General Plan circulation improvement goals in advance of the build-out of land uses allowed by the General Plan. In addition, the City-Council saw the possibility of acquiring open space above the General Plan requirements and In advance of when it could otherwise be acquired. The specific objectives of the City of Newport Beach are: 1. To achieve the dedication of significant public open space consistent with the goals of the General Plan at no financial cost to the City. 2. To the greatest extent feasible, to achieve the dedication of important and meaningful public open space in excess of the minimum require- ments of the General Plan. 3, To identify and achieve dedication of all or a portion of one or more sites-appropriate for passive and active recreational purposes. 4. To achieve dedication of environmentally sensitive areas. 5. To identify and achieve dedication of all or a portion of certain sites appropriate for the provision of necessary public facilities such as streets and highways, utility easements, a fire station, and similar facilities which may be identified in the future, 6. To alter entitlement whenever possible in ways which will improve the jobs/housing balance in the City. 7. To approve residential develbpment,with sufficient density to provide for a maximum amount of affordable housing in the community, 8. To provide appropriate housing for all economic segments of the community. 4 9. To maintain and improve the City's'financial ability, to provide a full range of services to its constituents and to expand and improve those services when desirable. 10. To maximize public access to important public open spaces and resources so that residents and visitors may enjoy the benefits of living in or visiting a unique coastal community consistent with the provisions of the Coastal Act of 1976 and the City's Local Coastal Program,Land Use Plan. 11. To provide a mechanism for the early funding and construction of significant components of the City's Master Plan of Streets qnd Highways. This mechanism includes: a. Early payment of Fair Share Fees by The Irvine Company for their remaining development on the subject sites. M=rr 1 Page 2 of 47. b. A commitment by The Irvine Company to construct all required frontage improvements related to the approved entitlement. C. An advance of funds by The Irvine Company to allow the City to construct important circulation system improvements as quickly as possible. d. To make available funds in order to place the City in a superior position to obtain outside matching funds for improvements. B. PROJECT OBJECTIVES - THE IRVINE COMPANY OBJECTIVES The general objectives of The Irvine Company are: 1. Establish a program of open space dedications in exchange for vested approval to allow development of certain properties. 2. Satisfy the requirements of the Traffic Phasing Ordinance by providing significant funding for needed circulation system improvements under the terms of an Agreement that create a net benefit to the City. 3. Obtain approval of a plan for each of the parcels under a comprehen- sive planning program that is generally consistent with the General Plan and allows for a fiscally sound project. ti 4. Create a balanced community offering a range of housing opportunities in a variety of locations. 5. Vest land use entitlements and zoning for 956 residential units and 202,000 square feefof non-residential uses on the significant remaining undeveloped parcels of land in the City owned by The Irvine Company by obtaining approval of an Agreement to allow construction of the projects under the terms of the Agreement. The specific objectives of The Irvine Company are: 1. Castm=: Vest approval of a community plan that preserves significant areas of the site for public open space including a view park along the bluff and an active park adjacent to Dover Drive and maintains a minimum development area of_26 acres for 151 residential units. This entitle- ment will allow for an economically viable development of the site. 2. Bayview Landing; Vest approval to build a 10,000 square foot'restaurant or 40,000 square foot athletic club on the lower portion of the site. Allow for an alternate development of 120 affordable senior citizen housing units with the transfer of 30,000 square feet of retail entitlement to Newport Center - Fashion.Island. Offer to dedicate the upper portion of the site to•the City as open space in order to'preserve and possibly enhance public views to the Bay. This entitlement will allow for an economically viable development of the.site. 3. N=orter North: Vest approval of a community plan that preserves areas of the site for public open space including a view park along the bluff and natural BxHIBrr 1 Page 3 of 47. A t habitat areas and maintain a minimum development area of 30 acres for 212 residential,units, This entitlement will-allow for an economi- cally viable development-for the area, 4, San Diego Creek North and Jamboree/MacArthur: Dedicate these sites to the City or other public agency for open space and public facility purposes•and,give up office entitlement in order to provide substantial public benefits in exchange for vesting rights to develop other sites. 5. San Diego Creek South: Vest approval of a community plan for 300 residential units on 18.6 acres,, This entitlement will allow for an economically viable develop- went of the site. 6, Freeway Reservation East: Vest approval of a community plan for a total of 48 residential units in two areas on the site totalling 11 acres. Dedicate the remaining area to the City for open space. This entitlement will allow for an economically vhabie development of the site. 7. Block 800 - Newport Center: Vest approval of a community plan for development of 245 residential units that allows for an economically viable project. 8, Corporate Plaza West: Vest approval of a community plan for development of an additional 94,000 square feet of office use. This entitlement will allow for an economically viable development of the site, 9. Ngwnort� er Knoll: Dedicate the site for open space as part of an agreement to vest entitlement'on other sites. 10. hTg=orter Resort: Vest approval to build an additional 68 hotel rooms on-site. This entitlement will allow for an economically viable addition to the existing land use of the site. 11. NNe (port Vfllaee: Dedicate the site between the City's Central Library site and San Miguel Road for open space as part of an agreement to vest entitle- ment on other sites and to allow The Irvine Company to maintain interim ownership of the•portion of the San Diego Creek North site adjacent to San Diego Creek for the purpose of using it for wetlands mitigation for the San Joaquin Hills Transportation Corridor. This area will ultimately be dedicated to the Transportation Corridor Agency or other public entity. Extunrr 1 Page 4 of 47. C. DISCRETIONARY APPLICATIONS TO BE APPROVED AS PART OF THE PROJECT 1. General Plan Amendment 92-2 (C) Request to amend the Land Use Element of the Newport Beach General Plan to,provide for an additional land use of affordable senior citizen housing on the Castaways site, the designation of the lower portion of Bayview Landing for active recreation, and the addition of of 30,000 square feet of retail entitlement to Newport Center-Fashion Island. 2. Local Coastal Program Amendment No. 28 Request to amend the Local Coastal Program, Land Use Plan to provide for an additional land use of affordable senior citizen housing on the Castaways site and the designation of the lower portion of Bayview Landing for active recreation. 3. Development Agreement No. 6 Request to approve a Development Agreement for the Circulation Improvement and Open Space Agreement. 4. Traffic Study No. 82 Request to approve a traffic study so as to permit the construction of the development authorized in the Circulation Improvement and Open Space Agreement. 5. Amendment No. 763 Request to amend the Harbor View Hills Planned Community District Regulations and Development Plan so as to allow for the construction of 48 additional dwelling units. 6. Amendment No. 764 Request to adopt Planned CommunityDistrict Regulations and Development Plan for Upper Castaways. This request would provide for the construction of 151 dwelling units. 7. Amendment No. 765 Request to adopt Planned Community District Regulations and Development Plan for Newporter North/Newporter Knoll, This request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll. 8. Amendment No. 766 Request to amend the North Ford Planned Community District Regulations and Development Plan so as to allow for the construction of 300 additional dwelling units. 9. Amendment No. 767 Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P-C MINI`i Page 5 of 47. District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. restaurant or a 40,000 sq.ft. athletic club. 10. Amendment No. 768 Request to amend portions of Districting Maps No. 44 and 66-so as to reclassify property from the U (Unclassified) District to the P-C (Planned Community) District. The proposal also includes a request to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use of the subject property. 11. Amendment No. 769 Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction of 245 dwelling units or senior citizen housing. 12. Amendment No. 770 Request to amend a portion of Districting Map No. 48 so as to reclassify property from the O-S (Open Space) and Unclassified Districts to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for the Corporate Plaza West Planned Community. This request would allow for the construction of an additional 94,000 sq.ft. of office development (115,000 sq.ft. total). MWI]3rr i m Page 6 of 47. III, Fi dDINGS AND FACTS IN SUPPORT OF FINDINGS REGARDING THF2 ENVIRONMENTAL EFFECTS OF THE PROJECT A. EFFECTS DETERMINED TO BE INSIGNIFICANT This summary briefly describes those effects which were determined to be insignificant for all eleven (11) project sites prior to the preparation of the environmental document. 1. The proposed project will not create changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet, or lake. 2. The proposed project will not create any objectionable odors. 3. The proposed project will not alter air movement, moisture, or temperature, or result in any change in climate, either locally or regionally. 4. The proposed project will not alter the direction or rate of flow of ground waters. 5. The proposed project will not change the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. 6. The proposed project will not substantially reduce the amount of water otherwise available for public water supplies. 7. The proposed project will not expose people or property to water- related hazards such as flooding or tidal waves. 8. The proposed project will not reduce in acreage any agricultural crop. 9. The proposed project will not result in a substantial alteration of the planned land use of an area. 10. The proposed project will not alter the location, distribution, density, or growth rate of the human population of the area. 11. The proposed project will not increase the rate of use of any natural resources. 12. The proposed project will not substantially deplete any non-renewable natural resource. 13. The proposed project will not involve a risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals, or radiation)in the event of an accident or upset conditions. 14. The proposed project will not interfere with an emergency response plan or an emergency evacuation plan. 15. The proposed project will not result in the creation of any health hazard or potential health hazard. F-%Mrr 1 Page 7 of 47. 16. The proposed project will not result in the exposure of people to potential health hazards. 17. The proposed project will not result in the alteration to waterborne, rail or air traffic. 18. The proposed project will not create a significant need for additional maintenance of public facilities. 19. The proposed project will not have an effect upon or result-in the need for other governmental services. 20. The proposed project will not result in the use of substantial amounts of fuel or energy. 21. The proposed project will not substantially increase the demand upon existing sources or energy, or require the development of new sources of energy. ' 22. The proposed project will not result in an Impact upon the quality or quantity of existing recreational opportunities. 23. The proposed project will not result in an adverse physical or aesthetic effect on a prehistoric or historic building, structure, or object. 24. The proposed project does not have the potential to cause a physical change that would affect unique ethnic cultural values. 25. The proposed project will not restrict existing religious or sacred uses within the potential impact area. B. EFFECT'S DETERMINED TO BE MITIGATED TO A LEVEL OF INSIGNIFICANCE Impacts associated with the following environmental issues will be mitigated to a level of insignificance upon implementation of applicable standard City policies and requirements and recommended mitigation measures. Transportatio _Circulation Significant Effect: The proposed'project, in conjunction with other past,present, and reasonably foreseeable future projects, will impact peak hour traffic volumes. Finding: Changes or alterations have been required in,or incorporated"into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City .policies and the mitigation measures listed below, • The City shall prepare a circulation improvement monitoring program to direct•expenditures of funds received under the Development err 1 Page 8 of 47. r Agreement to make improvements and to monitor the status of those improvements. The list of improvements to be-implemented shall initially be based on those identified on Table V, with prioritization established based on technical need and ability to implement them in a timely manner. Flexibility to add or delete projects on the list should be maintained to respond to actual changes in traffic volumes and the ability of the City to accomplish improvements so long as the projected Net Benefit to the circulation system is maintained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the City's annual Congestion Management Program and Growth Management Program analysis and the annual review of the Development Agreement. • The applicant or successor in interest shall construct or post bond for all frontage improvements identified in the Development Agreement and listed in Table B of the Program EIR. Air Quality Significant Effect: The proposed project will result in significant short-term construction-related impacts. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid .or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: 0 All grading related to the project shall be conducted in accordance with SCAQMD Rule 403. This mitigation measure shall be made a condition of all grading permits related to the project. • After clearing, grading, earth moving, or excavation operations while construction activities are being conducted,fugitive dust emission shall be controlled using the following procedures: • Graded sections of the project that will not,be further disturbed or worked on for long periods of time (three months or more) shall be seeded and watered or covered With plastic sheeting to retard wind erosion. • Graded sections of the project which are undergoing further disturbance or construction activities •shall be sufficiently watered to prevent excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project, • During grading and construction activities, the applicant shall further control fugitive dust emissions using the following measures: EXMBrr 1 Page 9 of 47. • On-site vehicle speeds on unpaved roads shall be limited to 15 miles per hour. Entrances to all on-site roads shall be posted with a sign indicating the maximum speed limits on all unpaved roads. • All areas with vehicle traffic shall be periodically watered. • Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated from construction activities so as,to prevent accumulations of excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project, Significant Effect: The proposed project will result in significant emissions from mobile (vehicular) sources, combustion of natural gas, on the generation of electric energy. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EM. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • Office and commercial development on the Corporate Plaza West and Bayview Landing site shall also participate in the Centerride program currently in operation in the Newport Center area. Evidence of intent to participate shall be provided to the City of Newport Beach Building Department prior to issuance of occupancy permit. 0 Bicycle racks shall be required in accordance with the City of Newport Beach Transportation Demand Ordinance. 0 Construction of related frontage improvements shall include bus turnouts.and Shelters if determined to be necessary and desirable by the Orange County Transit District and/or the City of Newport Beach. Prior to final design and construction of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine if any bus,turnouts or shelters will be required. • All development shall include street and security lighting (in parking lots and pedestrian walkway areas) which is energy conserving. A lighting plan shall be submitted for all development which demon- strates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works:' • Residential, commercial and office development shall be landscaped with an emphasis on drought resistant plant species which will shade buildings and reduce water and energy consumption during the munerr 1 Page 10 of 47. summer. A landscape plan shall be submitted for all development which demonstrates compliance with this measure: The plan shall be reviewed by the Planning Department and approved by the Depart- ment of Public Works prior to issuance.of an occupancy permit. Noise Significant Effect: The proposed project will result in significant short-term noise impacts due to construction and grading activities. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the mitigation measure and standard City requirement listed below: • At the time specific site plans and grading plans are prepared and submitted for review and approval by the City, the City shall review the plans in conjunction with the environmental review process to confirm that the mitigation measures provided will adequately control construction impacts potentially impacting the Newport Harbor Lutheran Church, especially its pre-school operations, If necessary, additional conditions related to construction activities may be placed on the project. • Pursuant to the City of Newport Beach Noise Ordinance Section 10.28.040, no person shall,while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of 7:00 am. and 6:30 p.m., nor on any Saturday except between the hours of 8:00 a.m. and 6:00 p.m., nor on any Sunday or Holiday. Significant Effect: The proposed project will exceed acceptable noise levels on-site affecting residential development on the San Diego Creek South, Upper Castaways, Newporter North, Block 800, and Freeway Reservation sites. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. EXHIBrr 1 Page 11 of 47. Facts in Support of Finding: This significant effect has been.substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • The applicant shall ensure that all residential lots and dwellings are sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms. Evidence shall be prepared under the supervision of a City certified acoustical' consultant which demonstrates that these standards.will be satisfied in a manner consistent with applicable zoning regulations and shall be submitted as follows: A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the City's Advance Planning Manager for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Advance Planning Manager for approval along with satisfactory evidence which 'Indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. C. Prior to the issuance of.any building permits, all freestanding acoustical barriers must be shown on the projeces plot plan illustrating height, location" and construction in a manner meeting the approval of the City's Advance Planning Manager, D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations may be required by the Planning Director to verify compliance with $TC and IIC design standards. • All non-residential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element. Prior to the issuance of any building permits, evidence shall be prepared under the supervision of a City certified acoustical consultant that these standards will be satisfied and shall be submitted to the Manager, Advance Planning In,the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project, axainrr 1 Page 12 of 47. ti 0 • All freestanding acoustical bairiers shall be a berm, wall or combina- tion berm and wall. Walls shall not contain holes or gaps. Walls shall be constructed of slumpstone or other masonry material. Final acoustical barrier heights and locations shall be determined when final grading plans are developed showing lot locations, house/building setbacks and precise pad elevation. Biological Resources Significant Effect: The proposed project will result in the possible loss of wetland habitat on the San Diego Creek South, San Diego Creek North, Jamboree/MacArthur, Upper Castaways, Newporter North, and Freeway Reservation sites. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • Pursuant to Section 1601-1603 of the State of California Fish and Game Code, the California Department of Fish and Game shall be notified of any alterations to streambed habitats. The applicant or any successors in interest shall be responsible for notifying the Department of Fish and Game regarding any grading related to residential development and associated improvements on the San Diego Creek South, Upper Castaways, Newporter North, and Freeway Reservation sites which would alter streambed habitats. The applicant or any successor in interest shall notify the Department of Fish and Game and obtain any necessary permit prior to the issuance of a grading permit. Copies of proper notification and necessary permits shall be provided to the City of Newport Beach prior to issuance of a grading permit. The City of Newport Beach shall be responsible for notifying the Department of Fish and ,Game regarding any grading related to any public improvements (e.g. trails, recreational facilities, roads, drainage facilities, etc.) in areas designated for open space, public facilities,and/or parks which would alter streambed habitats. The City of Newport Beach shall notify the Department of Fish and Game and obtain any necessary permits prior to commencement of any grading which could alter the streambed habitat. The permits issued by the Department of Fish and Game pursuant to Sections 1601-1603 may require additional mitigation measures deemed necessary by the Department. • Wetland delineation studies in accordance and conjunction with the California Department of Fish and Game and 'U.S. Army Corps of Engineers permitting processes shall be performed for any wetland which will be impacted by grading and construction activities. The applicant or any successor in interest shall be responsible for conduct- ing the wetland delineation studies for wetlands impacted by residen- tial development or associated improvements on the Newporter North and Upper Castaways sites. If residential development or associated BXH1Bn•1 Page 13 of 47. improvements on the San Diego Creek South or Freeway Reservation sites encroach into the Bonita Creek wetland, the applicant or any successor in interest shall be responsible for conducting the wetland delineation study. The City of Newport Beach shall'be responsible for conducting the wetland delineation studies for wetlands impacted by any public improvements/facilities in areas designated for open space, public facilities, and/or parks which will encroach into wetlands. The studies shall occur at the time specific site plans.and grading plans are available and prior to issuance of any grading permits or commence- ment of grading activities in areas containing wetland habitat. • Public use and related facility development for areas proposed for natural open space and passive park uses within the.Upper Castaways, Newporter North, Newporter Knoll, Bayview Landing, Freeway Reservation, and Jamboree/MacArthur sites shall be designed to be sensitive to existing biological resources. To this end,facility plans and public uses for these areas shall be prepared in consultation with a qualified biologist who shall determine that such plans and uses do not adversely impact sensitive resources identified on these sites (e.g. wetlands, coastal sage scrub, etc.). If necessary, additional environ- mental documentation shall be prepared at the time facility plans are prepared to determine if significant adverse impacts beyond those anticipated in this Program EIR will occur. If new significant adverse impacts are identified,additional mitigation measures shall be adopted. • Prior to grading and/or constructing any public facility on the San Diego Creek North site which will encroach into the on-site freshwater marsh, the City of Newport Beach (or other public agency responsible for development of the public facility) shall approve and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on-site or enhancing and expanding an existing freshwater marsh in or near the San Diego Creek and Upper Newport Bay Ecological Reserve. • Prior to grading and/or construction any residential development or associated improvement on the Upper Castaways site which will encroach into the on-site freshwater marsh, the applicant or successor In interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on-site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. • Prior to grading and/or constructing any residential development or associated improvement on the Newporter North site which will encroach into the on-site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset,the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on-site or enhancing and.expanding an existing freshwater marsh in or near. the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. mnnnrri Page 14 of 47. • Prior to commencing grading,all wetlands habitat in areas intended for preservation shall be temporarily fenced. This measure shall pertain only when grading, stock-piling, or other construction activities are proposed within 100 feet of the boundaries of the wetland area. A plan identifying the wetland area and the location of the fencing shall be submitted to the City of Newport Beach prior to issuance of any grading permit. • The City of Ne"ort Beach- shall consult with the Transportation Corridor Agency'prior to final design and approval of any public facility or recreational facility on the San Diego Creek North site to determine feasible design and landscaping measures which will avoid interfering with the viability of the San Diego Creek Northern Marsh Creation site as wildlife habitat. If the Bayview Way extension is not extended across the site, a landscaped buffer area will be provided between any recreational or public facility uses and the Marsh Creation project site. • Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South,Bay View Landing, and Newporter . North sites shall be restricted as follows: Upper Castaways and New- porter North-No grading(except that necessay for trail establishment and improvements, erosion control, bluff stabilization or preparation of the development area),,stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. San Diego Creek South.- No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place within the 40 foot property line setback area established by the Bluff Top Setback Ordinance except that necessary for trail establishment and improvements, erosion control, bluff stabilization, or preparation of the development area; or below the lessor of the 60 foot elevation contour or a line 100 feet from a formally delineated wetland in John Wayne Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation of equipment shall encroach into the hillside above the 25-foot contour of the lower development area. Significant Effect: The proposed project will result in the significant introduction of light and glare on the San Diego Creek South site which would impact wildlife movement along Bonita Creek and San Diego Creek. Finding: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR: Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measure listed below: Exmarr i Page 15 of 47. • Development of the San Diego Creek South site shall be designed so as to reduce the amount of light and glare which could potentially spillover•into the wetland habitats of Bonita Creek and San Diego Creek and which could also impact the functioning of these creeks as wildlife corridors.This can be achieved by a variety of means including a combination of sensitive siting of lighted buildings; use of lighting systems which conceal the light source and minimize light spillage and glare;screening walls/berms; and dense landscaping along the edge of the development. Any landscaped edge screening shall include non- invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense, evergreen species which,when mixed, achieve canopy and understory of elements to provide as much screening as possible. The site plan and landscape,plan for this edge shall be, prepared in consultation with a City-approved, qualified biologist. The site plan and landscape plan shall be approved by the City Planning Department prior to issuance of building permits. • At the time of adoption of a parcel/subdivision map for the San Diego Creek South Site, the property line/development area boundary shall be established at a minimum of 20 feet from the toe of the existing slope adjacent to Bonita Creek. This distance,in combination with the required building setback of 5 feet, will create a minimum 25 foot buffer from Bonita Creek Earth Resources Significant Effect: The proposed project will result in impacts related to faulting and seismicity. Finding: Changes or alterations have been required in,or incorporateddnto,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • Buildings four stories in height or higher shall be designed in accor- dance with requirements for Seismic Zone 4 as outlined in Chapter 23 of the Uniform Building Code'and/or with the benefit of a site specific seismic ground response spectrum study which would be prepared by the project geotechnical consultant and structural engineer to allow matching of building period with site period. The structural plans and/or ground response study shall be completed to the satisfaction of the Building Department prior to}ssuance of a building permit. i • Buildings less than four stories In height shal be designed by a Structural Engineer in'accordance.with UBC Chapter 23 requirements for Seismic Zone 4. Non-critical structures shall be designed, to 'withstand strong ground shaking that may accompany a maximum probable earthquake along the Newport-Inglewood Fault., Critical structures (i.e., hospitals, fire/police facilities, schools, etc.) shall be designed to withstand strong ground shaking associated with a maximum credible earthquake on the Newport-Inglewood Fault. BxHMrr 1 Page 16 of 47. Structural ,lans including seismic design calculations/parameters,shall P g be approved by the City Building Department prior to issuance of building permits. • Habitable buildings shall not be placed adjacent to (above or below) slopes or bluffs where seismic induced slope or bluff failure could occur. Though the City has established a Bluff Setback Criteria for development on the top-of-bluff (Development Policy D.2,b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability during an earthquake. Areas potentially prone to such failures shall be identified and further evaluated by the project Geotechnical Consultant during the Tentative Tract Map review and Grading Plan review stage. The evaluation shall be prepared to the satisfaction of thb Building Department prior to the issuance of grading permits. Grading and building plans shall reflect the recommendations of the evaluation to the satisfaction of the Building Department. • In accordance with the Alquist-Priolo Special Studies Zone Act, a Registered Geologist shall further evaluate and make recommenda- tions regarding the potential for ground surface rupture affecting proposed development on-sites where "Potentially Active Faults" have been identified (Bayview Landing and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the future. The study shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to approval of a tentative tract map or grading permit whichever comes first. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Significant Effect: The proposed project will result in impacts related to liquefaction on the San Diego Creek North, San Diego Creek South, Upper Castaways, Bayview Landing, Newporter North, and Newporter Resort sites, Finding: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measure listed below: • Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable rxrnsrr 1 Page 17 of 47. layers,dewatering,fill surcharging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Significant Effect: The proposed project will result in impacts related to erosion on any of the eleven (11) sites. Finding: Changes or alterations have been required•in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity'reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. • All fill slopes shall be properly compacted during grading in confor- mance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the City Grading Engineer prior to the issuance of occupancy permits. • Berms and brow ditches shall be constructed to the satisfaction and approval of the City Grading Engineer. Water shall not be allowed to drain over any manufactured slope face. Top-of-slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated Into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the City Grading Engineer prior to issuance of grading permits. • Prior to the issuance of grading permits, appropriate artificial substances shall be recommended by the project landscape architect and approved by the City Grading Engineer for use in reducing surface erosion until permanent landscaping is well established. Upon compiefl{ on of grading, stripped areas shall be covered with artificial substances approved by the City Grading Engineer. • Drainage of 'both surface.and subsurface water over or toward the bluffs on'the Upper Castaways and Newporter North sites shall be MWIFIrr i Page 18 of 47. minimised, Thou some drainage, rains e'of rainwater over the bluff face Though g cannot be avoided,drainage control devices shall be designed to direct excess water from site improvements away from the bluff face. Irrigation shall be controlled to prevent excessive infiltration into the subsurface. The project Civil Engineer shall design grading plans to minimi a surface runoff over the bluff faces. The project Geotechnical Consultant shall provide recommendations to minimize subsurface water migration toward the bluff faces prior to approval of Tentative Tract maps or site plans. All design criteria for the control of surficial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Significant Effect: The proposed project will result in impacts associated with bluff and slope stability on any of the eleven (11) 'sites. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • The project geotechnical consultant shall review the tentative tract map and grading plan for each site and prepare a report addressing all salient geotechnical issues related to bluff and slope stability of any existing bluff or slopes; These reports shall include: 1) detailed analysis of field data including surface and subsurface geological mapping; 2) laboratory testing results; 3) stability analysis of existing bluffs and proposed slopes as illustrated on the tentative tract map or rough grading plan;4) conclusions;5)recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil.Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. • Prior to the issuance of grading permits, the Project geotechnical consultant and/or civil engineer shall make written recommendations for manufactured slope stabilization including, but not limited to, buttressing,rock bolting,grouting,slope gradient laybacks,or retaining walls. All necessary recommendations shall be included in the grading plan to the satisfaction of the City Grading Engineer. • Though the City has established a Bluff Setback Criteria for develop- ment on the top-of-bluff(Development Policy D.2.b.1 of the Newport Beach General Plan,January 21, 1991, and Newport Beach,Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability. Prior to issuance of grading permits, appropri- ate safe bluff top setback recommendations shall be determined by the project Geotechnical Consultant based on the evaluation required by Mitigation Measure 3 to the satisfaction of the City Grading Engineer. ten•1 Page 19 of 47. • During grading a geotechnical consultant shall monitor grading operations to ensure that recommendations for slope instability mitigation are implemented. Additionally,the geotechnical consultant shall evaluate slopes as they are graded'through geologic mapping and analysis to ensure that no unanticipated conditions are present. Slope stability mitigation recommendations may require modification during grading. Compliance with this measure shall be verified by the Building Department. 0 Prior to issuance of building permits, the geotechnical consultant shall prepare a Rough Grading Report and As-Graded Geotechnical Map for each graded site at the completion of grading of that site. The Report shall summarize and document compliance with all mitigation measures. The Rough Grading Report shall include a statement regarding the adequacy of the manufactured slopes for their intended' use and a statement regarding the adequacy of the recommended bluff setbacks. The report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be approved by the City Grading Engineer. • Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways,San Diego Creek South,Bay View Landing,and Newporter North sites shall be restricted as follows: Upper Castaways and New- porter North-No grading(except that necessary for trail establishment and improvements, erosion control, bluff stabilization or preparation of the development area),stockpilingof soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of soils,,or operation of equipment shall encroach into the area of Bonita Creek beyond the,existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place within the 40 foot property line setback area established by the Bluff Top Setback Ordinance except that necessary for trail establishment and improvements, erosion control, bluff stabilization, or preparation of the development area; or below the lessor of the 60 foot elevation contour or a line 100 feet from a formally delineated wetland in John,Wayne Gulch freshwater marsh, Bay View Landing - no grading,, stockpiling of soil or operation of equipment shall encroach into the hillside above the 25-foot contour of the lower development area. Significant Effect: The proposed project will result in impacts related to compressible/collapsible soil conditions on any of the eleven (11) sites. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measure listed below: mausrr x Page 20 of 47, .I • Prior to the issuance of grading permits,written recommendations for the mitigation of compressible/collapsible soil potential for each site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. .• Recommendations shall be incorporated as conditions of approval for the site-specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compress- ible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site. specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the City Grading Engineer. Significant Effect: The proposed project will result in impacts related to expansive/corrosive soil conditions on any of the eleven (11) sites. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measure listed below: • Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion ' consultant,geotechnical consultant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping,laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site-specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. Significant Effect: The proposed project will result in impacts associated with near surface groundwater potential in the Upper Castaways, Newporter North, Bayview Landing, Newporter Knoll, Newporter Resort, Corporate Plaza West, Block 800, and Freeway Reservation sites. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: Exaiarr i Page 21 of 47. t This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measure listed below: • The project geotechnical consultant and/or civil engineer shall prepare written site-specific review of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings,conclusions,and recommendations regarding near-surface groundwater and the potential for artificially induced groundwater as a result of future,development, and the effects groundwater .may have on existing or future bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the sites and properties adjacent to the sites if dewa- tering is recommended. The geotechnical consultant and/or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer and shall be completed to the satisfac- tion of the City Grading Engineer prior to a issuance of a grading permit, All recommendations of the reports shall be incorporated into the grading, site, and building design to the satisfaction of the City Grading Engineer and City EhgIneer. Water Re o �rrna Significant Effect: The proposed project will result in significant short-term impacts to water quality from construction-related sediment erosion. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened .to an acceptable level by virtue of the standard City policie4 and -the mitigation measures listed below: • Prior to the issuance of grading permits, the applicant shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. Prior to the issuance of grading permits,the applicantAall incorporate the following erosion control methods into grading plans and opera- tions to the satisfaction of the City Grading .Engineer and Building Department. a. An approved material such as straw, wood chips, plastic,or similar materials shall be used to stabilize graded areas prior to revegetation or construction. BXHMrr 1 Page 22 of 47. b. Air-borne and vehicle-borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils; and the moistening of vehicles loads. C. An approved material such as rip rap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrat- ed runoff. d. During the period of construction activity, existing vegetation which will be retained on-site shall be protected from traffic by the use of fences. If appropriate, buffer,strips or vegetative filter strips, such as tall stands of grass, can be used as an alternative and/or supplementary method to protect against sediment buildup. • Prior to the issuance of grading permits, L, project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions(i.e.,berms or swales)located at disturbed areas or graded right-of-ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. • The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights-of-way, the gravel shall cover the entire width of the entrance, and its length shall be no less than fifty feet. The entrance plans shall be reviewed and approved by the City Engineer and Grading Engineer concurrent with review and approval of grading plans. • The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right-of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. • During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not,be located in an area where its failure would lead to a loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the City Grading Engineer. • Prior to issuance of grading permits, the applicant or successor in interest shall prepare a plan for approval by the City of Newport Beach Grading Engineer for the control of accidental spills,litter, and solid waste disposal during grading and construction. Existing policies and standards of the City of Newport Beach and Fire Department shall be incorporated. The plan shall be implemented as necessary during grading and construction activities. MlBrr i Page 23 of 47. Significant Effect: The proposed project will result in significant impacts due to increased drainage on an already inadequate system. Finding. Changes or alterations have been required in,or incorporatedinto,the project which avoid or substantially lessen the significant environmental effect as Identified in the Final EIR. Facts in Support of Finding. This significant effect has been substantially lessened to an acceptable level by virtue of -the standard City policies and the mitigation measure listed below: • Prior to Issuance of a grading permit,the master plans of water, sewer and storm drain facilities shall be approved by the City Engineer. Any systems shown to be required by the review shall be the responsibility of the developer,unless otherwise provided for through an agreement with the property owner or serving Agency: Significant Effect: The proposed project,in conjunction with other past present, and reasonably foreseeable future projects, will have a significant short-term impact on the water quality in Newport Bay due to sediment from construction after mitigation. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the, significant environmental effect as identified'in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • Prior to the issuance of gradingpermits, the applicant shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. • Prior to the issuance of grading permits,the applicant shall incorporate the following-erosion control methods into grading plans and,opera- tions to the satisfaction of the City Grading Engineer and Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. BXi-IIBrr 1 Page 24 of 47. li Il • • b. Air-borne and vehicle-borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils; and the moistening of vehicle loads. C. An approved material such as,rip rap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrat- ed runoff. d. During the period of construction activity, existing vegetation which will'-be retained on-site shall be protected from traffic by the. use of fences. If appropriate, buffer strips or vegetative filter strips, such as tall stands of grass, can be used as an alternative and/or supplementary method to protect against sediment buildup. • Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions(i.e.,berms or swales)located at disturbed areas or graded right-of-ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. • The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights-of-way, the gravel shall cover the entire width of the entrance, and its length shall be no less than fifty feet. The entrance plans shall be reviewed and approved by the City Engineer and Grading Engineer concurrent with review and approval of grading plans. • The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right-of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. • During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the City Grading Engineer. MIBrr i Page 25 of 47. Cultural Resources Archaeology — Significant Effect: The proposed project will result in significant impacts to unknown archaeolog- ical resources on any of the eleven (11) sites. Finding: Changes or alterations have been required in, or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • All sites shall be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant shall select a City- approved qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project, to a local institution which has the proper facilities for curation, display and study by qualified scholars. All material shallbe transferred to the approved facility after laboratory analysis and a report.have been completed. The appropri- ate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. • Any excavation of a site located within the Coastal Zone of more than two surface meters of dirt shall require a coastal development permit prior to commencing the excavation. All provisions of the California Coastal Commission guidelines shall be complied with. Significant Effect: The proposed project will result in significant impacts to archaeological resources in the Upper Castaways, Bayview Landing, Newporter North, Newporter Knoll,Block 800,Corporate Plaza West,and Freeway Reservation sites. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect, as Identified in the Final EIR. Facts in Support of Finding: sxtnnrri Page 26 of 47. This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: UPPER CASTAWAYS • Prior to any grading related to development of the bluff trail system, open space uses or bluff stabilization which could impact CA-Ora-49 and CA Ora-186 on the Upper Castaways site, the sites shall be subjected to test excavations by a City approved archaeologist (experienced in both historic and pre-historic archaeology) to deter- mine site integrity, extent and significance. The methodology of the test excavation shall reflect the recommendations contained in the Cultural Resources report prepared for this Program E1R. A report shall be prepared detailing all findings and recommendations and submitted to the Planning Department within 90 days of completing test excavations. aAYVIEW LANDING • Prior to issuance of a grading permit, CA-Ora-1098 shall be surface collected and subjected to test excavations by a City approved archaeologist to determine site integrity, extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. • Prior to grading for the new park, the project sponsor shall retain a City approved archaeologist to conduct a surface collection and subsurface test excavation of CA Ora-66 to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. • Prior to grading for the view park, the project sponsor shall retain a City approved archaeologist to place a test unit on top of the knoll on the Bayview Landing site in the area containing shell scatter, to determine if the shell is representative of a subsurface archaeological deposit. A report shall be prepared detailing all findings and submit- ted to the Planning Department within 90 days of completing the test excavation. NEWPORTER NORTH • Prior to the use or development of the open space areas for passive recreational•uses,CA Ora-51 and CA Ora-518 on the Newporter North site shall be surface collected and subjected to test excavations to determine site extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. • Prior to the issuance of a grading permit, the applicant shall conduct a surface collection of the eastern extension of CA-Ora-100 which would be impacted by grading and/or development of residential uses. The surface collection shall be conducted by a City approved archaeol- ogist. A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of completing the surface collection. • Prior to the issuance of grading permits, the applicant shall conduct a data recovery of program CA-0ra-64 on the Newporter North site. EXHIBIT 1 Page 27 of 47. The program shall be conducted by,a City approved archaeologist. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the data recovery program. • Prior to issuance of a grading permit for residential development or any bluff stabilization, a qualified archaeologist shall review grading and drainage plans to determine if there are any indirect or direct impacts to CA Ora-51, 52 and 518. If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. MMORTBR KNOLL Prior to any grading or use of the site, the City shall conduct a surface collection of archaeological material present on the top of the hill of the Newporter Knoll, with test units placed on the hill to determine site significance and boundaries. One unit shall be placed in the recorded area of CA Ora-50 to determine if a portion of the site still exists. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing surface collection test excavation. BLOCK 8W • Prior to the issuance of a grading permit a qualified City approved archaeologist shall conduct a surface collection of CA-Ora-136 on the Block 800 site and subject the site to test excavations to determine site extent and significance. A test unit shall also be placed in the northern portions of the parcel to determine if a sub-surface madden is under the asphalt and trash. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. coRroRATR PLAZA WM • Prior to the issuance of a grading permit, a City approved qualified archaeologist shall dig post holes in the areas containing surface shell on the Corporate Plaza West site to determine if the shell represents sub-surface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing sub-surface testing. • prior to the issuance of grading permit, the surface near the southern section of the property shall be examined by a City approved qualified archaeologist after removal of brush and prior to any ground distur- bance. A report shall be prepared,detailing all findings and submitted to the Planning Department,within 90 days of completing the surface examination. FRBBWAY ROBRVA71ON • Prior to issuance of a grading permit for the northern development area(Lot 2), a City approved qualified archaeologist shall examine the surface of areas previously identified as CA-Ora-216. The examination shall be conducted after removal of brush but prior to grading. A report shall be prepared detailing all findings and submitted to the Planning•Department within 90 days of completing the surface examination. BxHIBrr 1 Page 28 of 47. Significant Effect: The proposed project, in conjunction with other past,present, and reasonably foreseeable future projects will result in significant impacts to archaeological resources after mitigation. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • All sites shall be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant shall select a City- approved qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. • The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the,project, to a local institution which has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropri- ate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. • Any excavation of a site located within the Coastal Zone of more than two surface meters of dirt shall require a coastal development permit prior to commencing the excavation. All provisions of the California Coastal Commission guidelines shall be complied with. UPPER CASTAWAYS • Prior to any grading related to development of the bluff trail system, open space uses or bluff stabilization which could impact CA-Ora-49 and CA Ora-186 on the Upper Castaways site, the sites shall be subjected to test' excavations by a City approved archaeologist (experienced in both historic and pre-historic archaeology) to deter- mine site integrity, extent and significance. The methodology of the test excavation shall reflect the recommendations contained in the Cultural Resources report prepared for this Program EIR. A report shall be prepared, detailing all findings and recommendations and submitted to the Planning Department within 90 days of completing test excavations. BAYWBW LANDING • Prior to issuance of a grading permit, CA-Ora-1098 shall be surface collected and subjected to test excavations by a City approved archaeologist to determine site integrity, extent and significance. A BxHMrr 1 Page 29 of 47. report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. • r • Prior to grading'for the new park, the project sponsor shall retain a City approved archaeologist to conduct a surface collection and subsurface test excavation of CA-Ora-66 to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. • Prior to grading for the view park, the project sponsor shall retain a City approved archaeologist to place a test unit on top of the knoll on the Bayview Landing site in the area containing shell scatter, to determine if the shell is representative of a subsurface archaeological deposit. A report shall be prepared detailing all findings and submit- ted to the Planning Department within 90 days of completing the test excavation. M WPORMRNORTH • Prior to the use or development of the open space areas for passive recreational uses,CA Ora-51 and CA-Ora-518 on the Newporter North site shall be surface collected and subjected to test excavations to determine site extent and significance. A report shall be prepared detailing all findings and submitted to.the Planning Department within 90 days of completing'test excavations. 0 Prior to the issuance of a grading permit, the applicant shall conduct a surface collection of the eastern extension of CA-Ora-100 which would be impacted by grading and/or development of residential uses. The surface collection shall be conducted by a City approved archaeol- ogist. A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days 'Of completing the surface collection. • Prior to the issuance of grading permits, the applicant shall conduct a data recovery of program CA-Ora-64 on the Newporter North site. 'The program shall be conducted by'a City approved archaeologist. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the data recovery program. • Prior to issuance of a grading permit for residential development or any bluff stabilization, a qualified archaeologist shall review grading and drainage plans to determine if there are ,any indirect or direct impacts to CA-Ora-51, 52 and 518. If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to'the Planning Department within 90 days of completing test excavations. NMORTBR KNOLL • Prior to any grading or use of the site,the City shall conduct a surface collection of archaeological material present on the top of the hill of the Newporter Knoll, with test units placed on the hill to determine site significance and boundaries. One unit shall be placed in the recorded area of CA Ora-50 to determine if a portion of the site still exists. Ayeport shall be prepared detailing all findings and submitted axHMrr x Page 30 of 47. l ...... .... ............... .....:::.::::::::r::::::•::.>m to the Planning Department within 90 days of completing surface collection test excavation. BLOQC 8W • Prior to the issuance of a grading permit a qualified City approved archaeologist shall conduct a surface collection of CA-Ora-136•on the Block 800 site and subject the site to test excavations to determine site extent and significance. A test unit shall also be placed in the northern portions of the parcel to determine if a sub-surface midden is under the asphalt and trash. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. CORPORATE PLAZA WEST • Prior to the issuance of a grading permit, a City approved qualified archaeologist shall•dig post holes in the areas containing surface shell on the Corporate Plaza West site to determine if the shell represents sub-surface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing sub-surface testing. • Prior to the issuance of a grading permit, the surface near the southern section of the property shall be examined by a City approved qualified archaeologist after removal of brush and prior to any ground distur- bance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. FREEWAY RESERVATION • Prior to issuance of a grading permit for the northern development area(Lot 2), a City approved qualified archaeologist shall examine the surface of areas previously identified as CA-Ora-216. The examination shall be conducted after removal of brush but prior to grading. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. Paleontology Significant Effect: The proposed project, in conjunction with other past,present, and reasonably foreseeable future projects will result in significant impacts to paleontological resources. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: EXHIBrr 1 Page 31 of 47. • Prior to the issuance of grading permits, a collection plan shall be gt' 8 P , prepared and implemented by a City approved, qualified aleontologi- cal monitor for known exposed fossil localities on Bayview Landing, Newporter North, and Upper Castaways. Because of the small nature of some fossils present in these rock units, matrix samples shall be collected for processing through fine mesh screens. The collection plan shall be reviewed and approved by the Planning Department. • Prior to the issuance of grading permits, the applicant shall make provisions for the preparation and curation of all fossils possibly recovered from the sites during grading. This shall be done in a manner approved by the City's Planning-Department, • Prior to the issuance of grading permits, the applicant shall identify a repository approved by the City's Planning Department which shall receive all fossils collected from the sites. • Cliff faces along Upper Newport Bay that have served as a reference section for micro-paleontological studies should be protected from alteration. If bluffs along Newport Bay need to be altered for bluff stabilization purposes,detailed measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of these efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the comparative study and sampling. A report shall be submitted to the Planning Department within 90 days. Public Services and Utilities Significant Effect: The proposed project will result in impacts to school system services, water, law enforcement, or wastewater. Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and mitigation measures listed below: Law Enforcement • The project ,proponent shall work in conjunction with the City of Newport Beach Police Department to ensure that crime prevention features are included in building design and construction. The City of Newport Beach Police Department shall review all site plans and access plans. Water • Prior to issuance of grading permits for the development site's, the applicant shall be responsible for preparation of a Master Plan of Utilities. The Master Plan of Utilities will determine any necessary expansion of facilities and/or any modifications,upgrades or extensions sxxn3rr i Page 32 of 47. to the existing water systems resulting from this project. All necessary expansions of facilities and/or upgrades or extensions of existing water systems needed as a result of the project will be the responsibility of the developer,unless Furrent district or-City policies dictate otherwise. The plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. Wastewater • Prior to issuance of grading permits, the developer will provide a Master Plan of Utilities facilities for the on-site development in order to determine the exact necessary modifications or extensions to the existing sewer systems,if needed. All necessary expansions of facilities and/or upgrades or extensions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The Plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. C. SIGNIFICANT EFFECTS THAT CANNOT BE AVOIDED Listed below are the significant environmental effects that cannot be avoided if the project is implemented. These effects have been reduced to the extent feasible through the requirements and mitigation measures described below. The remaining unavoidable significant effects have been determined to be acceptable when balanced against the economic, social, or other factors set forth in the attached Statement of Overriding Considerations (Exhibit B). Aesthetics/Light and Glare Significant Effect: The proposed project will result in the alteration of the natural coastal bluffs due to stabilization for public areas on the Upper Castaways, Bayview Landing, and Newporter North sites. Findings: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Fina1.EIR. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the standard City policies identified in the Final EIR and the following mitigation measure: • In conjunction with site plan review, the project proponent shall prepare a detailed temporary grading and landscape plan for the bluff top setback area for the purpose of minimizing bluff erosion. If graded slopes from a development area extend into the bluff top setback area, as proposed by the PC Text, the project proponent shall prepare detailed final grading and landscape plans for the bluff top setback area. The plan shall be reviewed and approved by the Parks, Beaches and Recreation Department, Planning Department, Public Works Department, and Building Department. ExHn3rr i Page 33 of 47. 0 Significant Effect: The proposed project,in conjunction with other past,present, and reasonably foreseeable future projects, will result in the loss of vacant/open space areas providing visual relief due to development of sites surrounding Newport Bay. This loss is a significant impact, Finding: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final Ella. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the standard City policies identified in the Final EIR and the following mitigation measure: 0 Prior to approval of a site plan review for the Upper Castaways site, the applicant or successor in interest shall provide evidence that they have consulted with the Newport Harbor Lutheran Church regarding the•design of the residential development. Design issues to be addressed include, but are not limited to:parking, access, location and placement of structures, directional signage, and landscaping. The proposed project defines development areas for sites currently vacant, The development areas have been defined to maximize the open space dedications,particularly on sites near Upper Newport Bay. The development areas defined are considered to be the minimum necessary to insure the economic viability of the development proposals. Preservation of one or more of the sites proposed for development will require acquisition by the City or another agency, such as the Newport Conservancy. The costs of acquisition in total is substantial. This project will allow for dedication of a maximum amount of open space with no acquisition costs to the general public. Transportation/Circulation Significant Effect:, The proposed project will add measurable traffic congestion to several Intersections in the airport area in conjunction with other past, present, and reasonably foreseeable future projects, Findings: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR, Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final MR. EXMBrr 1 Page 34 of 47. r Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the standard City policies identified in the Final EIR and the following mitigation measures: • The City shall prepare a circulation improvement monitoring program to direct expenditures of funds received under the Development Agreement to make improvements and to monitor the status of those improvements. The list of improvements to be implemented shall initially be based on those identified on Table V, with prioritization established based on technical need and ability to implement them in a timely manner. Flexibility to add or delete projects on the list should be maintained to respond to actual changes in traffic volumes and the ability of the City to accomplish improvements so long as the projected Net Benefit to the circulation system is maintained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the City's annual Congestion Management Program and Growth Management Program analysis and the annual review of the Development Agreement. • The applicant or successor in interest shall construct or post bond for all frontage improvements identified in the Development Agreement and listed in Table B of the Program EIR. The Irvine Company has made a commitment to the funding of circulation system improvements which will provide significant, long-term benefits to the City which is greater than that which would be made available absent the Circulation Improvement and Open Space Agreement. Although the incremental increase in adverse transportation/circulation effects as a direct result of the project is considered minor, it is viewed as a cumulative significant impact within the context of on-going regional growth. This unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other public agencies with jurisdiction to' effect regional solutions to cumulative impacts identified in the Final EIR include the surrounding'local cities, the County of Orange, the Southern California Association of Governments and the California-Department of Transportation. Air Quali Significant Effect: The proposed project, in conjunction with other past,present, and reasonably foreseeable future project emissions, will contribute to a impact on regional air quality. Findings: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. EXHIBrr 1 Page 35 of 47. Facts in Support of Finding: The significant.effect has been substantially lessened by virtue of the standard City policies identified in the Final EIR and the following mitigation measures: • Office and commercial development on the Corporate Plaza West and Bayview handing site shall also participate in the Centerride program currently in operation in the Newport Center area. Evidence of intent to participate shall be provided to the City of Newport Beach Building Department prior to issuance of occupancy permit. • Bicycle racks shall be required in accordance with the City of Newport Beach Transportation Demand Ordinance. • Construction of related frontage improvements shall include bus turnouts and shelters if determined to be necessary and desirable by the Orange County Transit District and/or the City of Newport Beach. Prior to final design and construction of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine if any,bus turnouts or shelters will be required. • All development shall include street and security lighting (in parking lots and pedestrian walkway areas) which is energy conserving. A lighting plan shall be submitted for all development which demon- strates compliance with this measure. The plan sball be reviewed by the Planning Department and approved by the Department of Public Works. • Residential, commercial and office development shall be landscaped with an emphasis on drought resistant plant species which will shade buildings and reduce water and energy consumption during the summer. ,A landscape plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Depart- ment of Public Works prior to issuance of an occupancy permit. The project proposed will entitle less development than that allowed by the Newport Beach General Plan. A small number of residential dwelling units will not be constructed. However,a substantial amount of office/commercial development will be abandoned. This will improve the,jobs to housing ratio In the City of Newport Beach. Improved jobs/housing balance is considered by the Southern California Association of Governments and the South Coast Air Quality Management District to be valuable in the attainment of air quality requirements in the region. Although the incremental increase in adverse air quality effects as a direct result of the project is considered minor, it is viewed as a cumulative significant impact within the context of on-going regional growth. This unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other public agencies with jurisdiction to effect regional solutions to cumulative impacts identified in the Final EIR-Include the surrounding local cities, the County of Orange, the Southern California Association of Governments, South Coast Air Quality Management District ,and the California Air Resources Board. mcmnrr t J Page 36 of 47. r Blolorry Significant Effect: The proposed project may `impact California gnatcatcher habitat in the Bayview Landing and Newporter North sites due to bluff stabilization and remediation and grading related to erosion control and development of open space uses. A Findings: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the standard City policies identified in the Final EIR and the following mitigation measures: • This measure shall apply to the Newporter North, Newporter Knoll, Bayview Landing, Upper Castaways, San Diego Creek South and San Diego Creek North sites. Revegetation of cut and fill slopes, bluff stabilization/remediation areas, fuel modification zones and other graded areas adjacent to existing sensitive habitat areas (e.g, at the edge of residential development,public facilities,or recreational areas) shall be accomplished with plant palettes containing predominantly native species. Steeper slopes (greater than 2:1) shall be revegetated with a mixture of coastal sage scrub species including California sage brush which now dominates coastal sage scrub used by California gnatcatchers. Portions of more level areas shall be revegetated with species of native perennial grasses in an attempt to establish native grassland. An expert in landscape revegetation,who is knowledgeable and qualified in native plant mixtures shall provide consultation into the preparation of landscape plans to ensure that this measure is complied with. Landscape plans shall be approved by the City Planning Department prior to issuance of building permits for private development or commencement of grading for public facilities and public recreational uses. • All non-emergency grading related to bluff stabilization/remediation on the Newporter North and Bayview Landing sites shall occur during the non-breeding season for the California gaatcatcher. The non- breeding season is from August 1 to January 31. • Prior to approval of site plans or subdivision and/or City approval of a park development plan (whichever comes first), the City shall retain a biologist to further assess the potential for human and pet intrusion into the coastal sage scrub habitat supporting the California gnat- catcher population. This assessment shall be at the cost of the developer if related to site plans of subdivision, or, at the cost of the City if related to the park development plan. If the level of expected intrusion is considered to be of sufficient magnitude to significantly impact the California gnat catcher populations on site, mitigation measures shall be designed and placed as conditions on the project to FXHIerr x Page 37 of 47. 0 reduce the impact to the extent feasible. Such design and operational measures could include perimeter fencing, homeowner and community educational programs about the potential impact of cats on wild birds, programs for trapping and removing problem animals. • The precise details of any revegetation / replacement program will be developed in conjunction with review and approval of design and grading plans when the exact nature and extent of impacts are known. Any such programs will be subjected to full environmental review pursuant to CEQA. Consultation with all interested and effected resource agencies will occur as part of formulating and evaluating revegetation programs. Given recent successful revegetation programs in•Orange County,such as those conducted in Crystal Cove State Park, It is fully reasonable to expect that a properly prepared revegetation program will be successful in mitigating impacts. • Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South,Bay View Landing, and Newporter North sites shall be restricted as follows: Upper Castaways and New- porter North-No grading(except that necessary for trail establishment and improvements, erosion control,bluff stabilization or preparation of the development area),stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place within the 40 foot property line setback area established by the Bluff Top Setback Ordinance except that necessary for trail establishment and improvements, erosion control, bluff stabilization, or preparation of the development area; or below the lessor of the 60 foot elevation contour or a line 100 feet from a formals delineated'wetland in John Wayne c y yn Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation of equipment shall encroach into the hillside above the 25-foot contour 'of the lower development area. The proposed project defines development areas for sites currently vacant. The development areas have been defined to maximize the open space dedications,particularly on sites near Upper Newport Bay. The development areas defined are considered to be the minimum, necessary to insure the economic viability of the development proposals. Preservation of one or more of the sites proposed for development will require c q e acquisition by the City or another agency, such as the Newport Conservancy.` The costs of acquisition in total is substantial. This project will allow for dedication of a maximum amount of open space with no acquisition costs to the general public. Significant Effect: The proposed project will result in the loss of upland habitat (introduced annual grassland) on the Newporter North site which could potentially result in the elimination of coyotes from all or.a portion of the Upper Newport Bay. The proposed'project will also result In an overall reduction in the general botanical and wildlife resources of the area through habitat loss, the fragmentatiom of habitats,interruption of wildlife movement, and a reduction of genetic exchange among wildlife populations in the area. axuiarr i Page 38 of 47. t ---- --- .. ... ............. ._. . .m Findings: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially.lessenthe significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the standard City policies identified in the Final EIR and the following mitigation measures: • This measure shall apply to the Newporter North, Newporter Knoll, Bayview Landing, Upper Castaways, San Diego Creek South and San Diego Creek North sites. Revegetation of cut and fill slopes, bluff stabilization/remediation areas, fuel modification zones and other graded areas adjacent to existing sensitive habitat areas (e.g. at the edge of residential development,public facilities,or recreational areas) shall be accomplished with plant palettes containing predominantly native species. Steeper slopes (greater than 2:1) shall be revegetated with a mixture of coastal sage scrub species including California sage brush which now dominates coastal sage scrub used by California gnatcatchers. Portions of more level areas shall be revegetated with species of native perennial grasses in an attempt to establish native grassland. An expert in landscape revegetation,who is knowledgeable and qualified in native plant mixtures shall provide consultation into the preparation of landscape plans to ensure that this measure is complied with. Landscape plans shall be approved by the City Planning Department prior to issuance of building permits for private development or commencement of grading for public facilities and public recreational uses. All non-emergency grading related to bluff stabilization/remediation on the Newporter North and Bayview Landing sites shall occur during the non-breeding season for the California. gnatcatcher, The non- breeding season,is from August 1 to January 31. • Prior to approval of site plans or subdivision and/or City approval of a park development plan (whichever comes first), the City shall retain a biologist, at the developers expense, to further assess the potential for 'human and pet intrusion into the coastal sage scrub habitat supporting the California gnatcatcher population. If the level of expected intrusion is considered to be of sufficient magnitude to significantly impact the California gnatcatcher populations on site, mitigation measures shall be designed and placed as conditions on the project to reduce the impact to the extent feasible. Such design and operational measures could include perimeter fencing,homeowner and community educational programs about the potential impact of cats on wild birds, programs for trapping and removing problem animals. • The precise details of any revegetation/replacement program will be developed in conjunction with review and approval of design and grading plans when the exact nature and extent of impacts are known. Any such programs will be subjected to full environmental review pursuant to CEQA. Consultation with all interested and effected resource agencies will occur as part of formulating and evaluating EXHIBrr 1 Page 39 of 47. revegetation programs. Given recent successful revegetation programs In Orange County,such as those conducted in Crystal Cove State Park, It is fully reasonable to-expect that a properly prepared revegetation program will be successful in mitigating impacts. The proposed project defines development areas for sites currently vacant. The development areas have been defined to maximize the open space dedications,particularly on sites near Upper Newport Bay. The development areas defined are considered to be the minimum necessary to insure the economieviabilfty of the development proposals. Preservation of one or more of the sites proposed for development will require acquisition by the City or another agency, such as the Newport Conservancy. The costs of acquisition in total is substantial. This project will allow for dedication of a maximum amount of open space with no acquisition costs to the general public. Water Resources Significant Effect: The proposed project,in conjunction with other past,present, and reasonably foreseeable future projects, will have an incremental long-term impact on water quality in Newport Bay due to increased urban pollutants. Findings: Changes or alterations have been required in;or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EEk. Facts in Support of Finding: The significant effect has been substantially lessened by virtue,of the standard City policies identified in the Final EIR and the following mitigation measures: • Prior to the issuance of grading permits, the applicant shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. • Prior to the issuance of grading permits the applicant shall l incorporate the following erosion control methods into grading plans and opera- tions to the satisfaction of the City Grading Engineer and Building Department. a. An approved material such as straw, wood chips, plastic' or similar materials shall be used to stabilize graded areas prior to revegetation or construction. HMMrr t Page 40 of 47. r. b. Air-borne and vehicle-borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils; and the moistening of vehicles loads. C. An approved material such as rip rap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrat- ed runoff. d. During the period of construction activity, existing vegetation which will be retained on-site shall be protected from traffic by the use of fences. If appropriate, buffer strips or vegetative filter strips, such as tall stands of grass, can be used as an alternative and/or supplementary method to protect against sediment buildup. • Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions(i.e.,berms or swales)located at disturbed areas or graded right-of-ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. • The applicant shall provide a temporary gravel entrance located at every construction site entrance. 'lie location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights-of-way, the gravel shall cover the entire width of the entrance, and its length shall be no less than fifty feet. The entrance plans shall be reviewed and approved by the City Engineer and Grading Engineer concurrent with review and approval of grading plans. • The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right-of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. • During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the City Grading Engineer. • Any recorded CC&Rs shall incorporate mandates to the Homeowner's Associations, commercial properties management and apartment management companies regarding: Fertilizer/Pesticide/Herbicide management practices Irrigation Management Practices Street sweeping requirements: vacuum truck, fall cleaning, etc. BxaiBrr i Page 41 of 47. 0 - Signage and catch basin stencil maintenance. Annual distribution of informational brochures (see Mitigation Measures #77). These mandates shall be reviewed and approved by .the City of Newport Beach prior to issuance of occupancy permits. • The City of Newport Beach,homeowners associations,andcommercial and apartment property management companies shall maintain legible stenciling on any catch basin that they maintain. Stenciling shall use selected letters and/or symbols approved by the City of Newport Beach notifying the reader that the catch basin drains to the Newport Bay and to warn against dumping. • Brochures (such as the 'Nonpoint Source Pollution' brochures published by the Orange County Flood Control District) shall be distributed at the time of initial sale or lease of residential and commercial properties. These brochures shall include a discussion of: Impacts of improper solid waste practices and littering. Proper use and management of fertilizers, herbicides and,other harmful chemicals. Impacts of dumping oil, antifreeze, pesticides, paints, solvents, etc, into storm drains. Effective housekeeping prac$ces such as use of bio-degradable cleaning compounds and adsorbents. Benefits of preventing excessive erosion and sedimentation. Benefits of proper landscaping.practices Benefits of minimizing non-stormwater runoff or adverse impacts of over-irrigation. These brochures shall be reviewed and approved by the City of Newport Beach prior to issuance of occupancy permits. The development areas defined as part of the project maximize.the dedication of open space and thereby reduces the impermeable surfaces associated with the development of these sites. This will, therefore, increase absorption and minimize the incremental increase in urban pollutants In Newport Bay. Although the incremental increase in adverse transportation/cIrculation effects as a direct result of the project is considered minor, it is,viewed as a cumulative significant impact within the context of on-going regional growth. This unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other public agencies with jurisdiction to effect regional solutions to cumulative impacts identified in the Final EIR include the surrounding local cities, the County of Orange, the Southern California Association of Governments and the California Regional Water Quality Control Board, Public Services and Utilities, Significant Effect! The proposed project will result in an impact on fire protection services. axcnnrr z Page 42 of 47. r t • • Findings: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially.lessen the significant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Finding: While the proposed project does not provide for the actual construction of a new fire station, a site has been identified and will be dedicated to the City which allows for the construction of a fire station. The City of Newport Beach is currently conducting a Clty-wide fire services study,which will assess the provision of fire and emergency services to the City and identify the optimal locations for fire stations, Subsequent to this study, the City may elect to construct a fire station on the San Diego Creek North parcel. IV. PROJECT ALTERNATIVES Analysis Section 15126(d) of the CEQA Guidelines requires that an EIR describe "a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, and evaluate the comparative merits of the alternatives." Seven alternatives to the proposed project are evaluated in Section VI of the Final EIR. Two of the alternatives were further broken down into a number of sub- alternatives, for a total of 14 actual alternatives studied. These alternatives were developed with the intent of finding ways to avoid or reduce the environmental effects of the proposed project while attaining the basic objectives of the project, even if those alternatives might impede the attainment of other project objectives and might be more costly. The City Council has determined that all but one of these alternatives are infeasible, in that they would not satisfy the basic project objectives or they would not substantially reduce the environmental effects as compared to the proposed project, with exception of the no development alternative. A summary of the alternatives considered, along with an explanation of why each alternative was rejected is presented below. The Project Objectives are presented in Section II.A. & B., above. 1. No Proj�No Development This alternative assumes that no residential, commercial, office or public facility development will occur on any of the sites, It also assumes that the sites will stay in private ownership until and unless the sites are acquired by the City of Newport Beach or-another public or quasi-public entity. The no development alternative avoids certain environmental effects associated with development of the proposed project. It would also result in environmental effects which do not result if the project is approved. These effects are: • The loss of funding for circulation system improvements which could cause unacceptable levels of traffic service on local roadways. • Loss of dedication of open space. EXHMrr i Page 43 of 47. • Potentially high costs to the City's General or Parks and Recreation funds if acquisition is mandated. This could affect the overall fiscal solvency of the City. • An adverse effect on the City's jobs/housing balance. • Increased cost to the City in obtaining a site for a new fire station. • Continued erosion of the bluffs on Upper Castaways and Newporter North. Due to these adverse environmental effects which result from the alternative,it is not considered to be environmentally superior and is rejected by the City of Newport Beach on that basis. 2 No Proje Agreement Developm n Under Existing General,Plan Under this alternative, the proposed Agreement would not be approved and development for each site would be pursued separately under the provisions of the General Plan'Land Use Element. This alternative will result in all of the adverse impacts associated with the proposed project. The alternative would also result in the following additional adverse environmental effects: • Less land dedicated for open space and parks. • Loss of early circulation system improvement funding, including the advance of funds. • Development of an additional 162,000 square feet of office development. • Development of an additional 28 residential dwelling units. • 20% more traffic generation than the proposed project. • Significant adverse impact on the wetlands 4 on the Jamboree/MacArthur site. Due to these adverse environmental effects which result from the alternative,it is not considered to be environmentally superior and is rejected by, the City of Newport Beach on that basis. 3. Reduced Development -No Agmement This alternative would reduce the allowed development from the proposed project on Bayview Landing, Upper Castaways, Newporter North, and San Diego Creek South. This alternative would result,in a greater amount of open space than the proposed project. Housing units would be reduced from 956 to 641. The reduction In development would reduce but not fully avoid the adverse effects of the proposed project. In addition; the following adverse effects would result from this alternative: • Less land dedicated for open space and parks. • Loss of early circulation system improvement funding, including the advance of funds. • An adverse effect on the jobs/housing balance in the community with the resulting impact on air quality. This alternative was identified as environmentally superior to the proposed project. This alternative was rejected by the City of Newport Beach because the significant economic and social benefits of the proposed project outweigh the increased W=rr 1 Page 44 of 47. environmental effects, specifically, the actual dedication of significant open space to the City at no cost to the taxpayers and the advance funding of significant circulation system improvements. 4 Partial Transfer of Development from Newporter North to Newport Center (No Agreement) This alternative assumes that 92 of the 212 residential units are transferred from Newporter North to Newport Center, either in Block 600 or Block 800. The transfer of dwelling units to Block 600 would require a General Plan Amendment because the area is designated for office uses. The primary intent of this alternative is to reduce or avoid impacts to the small fresh water wetland on the site near the intersection of Jamboree Road and Santa Barbara Drive. This alternative is rejected by,the City of Newport Beach for two primary reasons. The site access point for a smaller residential development on Newporter North will still be at the existing intersection on Jamboree Road at Santa Barbara Drive. This is due to the fact that it is the best and most safe ingress/egress point. Grade differentials between the site and San Joaquin Bills Road or Back Bay Drive preclude access from either of these two roads. The distance between existing intersections and site distance limitations due to grade differentials and curves dictate the access point as proposed. Additionally, the project proponent has determined that the residential projects within Newport Center resulting from the transfer would be economically infeasible. This alternative with no agreement will result in the increased adverse environmen- tal, economic and social effects engendered by the other alternatives which assume no agreement. 5. Design Alternatives Three project design alternatives were analyzed, all of which would affect the uses on the Bayview Landing Site and one of which would also alter the development proposal on the Upper Castaways Site. Alternative A would replace the lower Bayview Landing use with an active park and transfer 30,000 sq.ft. of retail entitlement to Newport Center - Fashion Island. Alternative B would transfer the active park from Upper Castaways to Bayview Landing and increase the development area on the Upper Castaways for residential development. Alternative C would allow for senior citizen housing (120 units) on Bayview Landing and transfer 30,000 sq.ft. of retail entitlement to Newport Center - Fashion Island. Altemative A: The City of Newport Beach elects to adopt this alternative an environmentally superior alternative. Altemative B. The City of Newport Beach elects to adopt a variation of this alternative by placing the activity park on the Bayview Landing site and designate a portion of the Upper Castaways site for additional residential development in the form of an affordable senior citizen housing project as an environmentally superior alternative. Altemadve C: The City of New Beach elects to adopt a variation of this alternative. Senior Citizen housing facilities are needed in the City and are appropriate on the Castaways site due the proximity of the area to transit routes, medical services and shopping. Additional development in Fashion Island will increase the economic viability of the center. MMMrr 1 Page 45 of 47. 0 6. Alternative Agreement - Use of Funds for Open Space Acq ai i m This alternative would use the interest free loan for acquisition of parks and open space rather than for circulation system improvements. The City of Newport Beach rejects this alternative as infeasible because the findings to approve e pp the project pursuant to the Traffic Phasing Ordinance cannot be made without the improvements which will be made with the circulation funds. Therefore, the development agreement cannot be approved and the advance which is part of the agreement would not be made. 7. Design Alternatives Six design alternatives were rejected as infeasible through the environmental review process. These alternatives are: A: Intensification of residential PP Castaways. develo ment on Upper s. P Y B: Transfer of all development to Newport Center. C: Additional active park on Bayview Landing with night lights and on Newport Village. D: Alternative site access on Upper Castaways. R Additional access on Upper Castaways. F. Alternate site access on Newporter North. The City of Newport Beach rejects alternatives 7.A. & B. Due to the fact that they would require significant amendments to the General Plan Land Use Element and would not reduce the environmental effects associated with the approval of the proposed project, as modified. The City of Newport Beach rejects alternative 7.C. due to the conflict of night lights with surrounding residential development near B'ayview Landing,and incompatibility of active park development on Newport Village with the Newport Center Sight Plane, The City of Newport Beach rejects alternatives 7.D., B.&F.for specific public safety considerations. In each case the alternate access points were determined to be inadequate and unsafe by the-consulting traffic engineers and the City's Public Works Department. Additional Alternative During the public review and hearing process an additional alternative was identified. This would provide for the dedication as neighborhood park and open space of the Newport Village site in exchange for maintenance of ownership by The Irvine Company of the portion of San Diego Creek North immediately adjacent to San Diego Creek. This alternative would not change the allowed land use of the San Diego Creek North site, but would allow The Irvine Company to utilize the area as mitigation for a portion of their obligation related to the construction of the San Joaquin Hills'Transportation Corridor. The dedication of the Newport'VMage site would be for local neighborhood park uses which would not result in the anticipated conflicts of an active recreation park as described in Alternative 7.C. In the consideration of the project and the alternatives to the project, the City Council has incorporated certain changes to the development standards in order to reduce the significant effects of the proposed project. These include eliminating the RXIMrr 1 Page 46 of 47. F grading encroachment of the development areas on Castaways and Newporter North, requiring compliance with site distance requirements as determined necessary by the City Traffic Engineer, giving the City broader discretion regarding the height limits on Castaways and Newporter North and requiring vehicular and pedestrian access to the parks on Castaways via 16th Street or Cliff Drive, if feasible.. Conclusion J On the basis of the information presented above, the City Council has determined that the project as modified will accomplish the project objectives while substantially reducing the environmental impacts of the project. The Statement of Overriding Considerations (Exhibit 2)presents the reasons why the City Council has determined that the proposed project should be approved, even though it will contribute to significant project related and cumulative effects that cannot be fully mitigated. PLT:..\ed\eir\EIR148.fnd EXMIT I Page 47 of 47. 0 �► Y EXHIBIT 2 STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Newport Beach has determined that the unavoidable risks of she Circulation Improvement and Open Space Agreement Project are acceptable and are clearly outweighed by specific social and other benefits of the project. The benefits of the proposed project which outweigh the unavoidable environmental risks are the following: 1. The proposed project is consistent with the General Plan and the Land Use Plan of the Local Coastal Program for most of the sites and as amended for the Ba gr yview Landing site. 2. The proposed project will insure no development occurs on sensitive habitat areas of coastal bluffs and will preserve and provide access through park and openspace dedications to ocean and bay views. 3. The proposed project will contribute$21.1 million dollars towards local and regional circulation improvements pursuant to the City's Fair Share Traffic Contribution Ordinance, development site frontage improvements and additional improvements pursuant to the Traffic Phasing Ordinance. A portion of these monies is in the form of an interest free loan which will be repaid by the City over a term of 20 years from 50% of collected fair share fees. If the loan is not repaid within the 20 year term, the outstanding balance is forgiven. The proposed project, as a result of this funding mechanism, will place the City in a superior position for competitive roadway improvement funds through the provision of a source of money for matching funds, and will also provide funds for the construction of roadway improvements for which there is no identified funding source. 4. The proposed project will result in the dedication of the Jamboree/MacArthur, San Diego Creek North and Newporter Knoll site in total, and partial dedication of Upper Castaways, Bayview Landing, Newporter North, Newport Village, Freeway Reservation East and•San Diego Creek South. These dedications total 140 acres, which is 69 acres more than that envisioned in the General Plan. 5. The proposed project provides potential locations for senior citizen housing in the P P P J P P g community. 6. The proposed project will provide affordable housing as required by the Newport Beach Housing Element. 7. The proposed project will improve the jobs/housing balance in the community. 8. The approval of the agreement will lower the potential acquisition costs of the Upper Castaways and Newporter North sites due to the reduction of the allowable development area. 9. The development agreement provides a location for a new City fire station. 10. The development agreement provides a loeatilnfor a potential park and ride facility in close proximity to the HOV access lanes of the San Joaquin Hills Transportation Corridor. 11. The proposed project eliminates 162,000 sq.ft. of office development anticipated to the Newport Beach General Plan. 12. The proposed project eliminates 28 dwelling units anticipated in the Newport Beach General Plan... PLT....\ED\n1R\EI1U4&0RC i CITY OF NEWPORT BEACRO COUNCIL MEMBERS MINUTES August 24, 1992 ROLL CRLL INDEX 3. Mayor Sansone opened the public hearing The Irvine on the application of The Irvine Company Company for a series of approvals related to the Circulation Improvement and Open Space Agreement - Development Agreement No. 6. Site specific approvals are also included, as follows: General Plan Amendment 92-2(C): Request GPA 92-2(C) to amend the Land Use Element of the (45) Newport Beach General Plan to allow for an optional permitted land use of affordable senior citizen housing on the Bayview Landing site in association with the transfer of 30,000 sq.ft. of retail commercial entitlement to Fashion Island in Newport Center. The proposal also includes the acceptance of an environmental document; Local Coastal Program Amendment No. 28: LCPA No. 28 Request to amend the Local Coastal Program, Land Use Plan to allow for an optional permitted land use of affordable senior citizen housing on the Bayview Landing site in association with the transfer of 30,000 sq.ft. of retail commercial entitlement to Fashion Island in Newport Center; Proposed ORDINANCE NO. 92-35, being, Ord 92-35 Dev Agm AN ORDINANCE OF THE CITY COUNCIL No. 6 OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (Development Agreement No. 6); Traffic Study No. 82: Request to Trfc Study approve a traffic study consistent with No. 82 the provisions of Chapter 15.40 of the Newport Beach Municipal Code for eleven sites addressed in the Circulation Improvement and Open Space Agreement. Planning Commission Amendment No. 763 - PCA 763 Request to amend the Harbor View Hills Planned Community District Regulations and Development Plan so as to allow for the construction of 48 additional dwelling units; property located at 1501 Ford Road, adjacent to the easterly side of MacArthur Boulevard, between Ford Road and San Joaquin Hills Road, in the Harbor View Hills Planned Community; Proposed ORDINANCE NO. 92-36, being Ord 92-36 Upr Casta- AN ORDINANCE OF THE CITY COUNCIL ways OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR UPPER CASTAWAYS (PLANNING COMMISSION PCA 764 AMENDMENT NO. 764); Request would provide for the construction of 151 dwelling units; property located at 900 Dover Drive, on the southeasterly side of Dover Drive between Westcliff Drive and West Coast Highway; Volume 46 - Page 262 CITY OF NEWPORT BEACP COUNCIL MEKBERS MINUTES �� ' August 24, 1992 ROLL CRLL `A INDEX Proposed ORDINANCE NO. 92-37, being, Ord 92-37 Newporter AN ORDINANCE OF THE CITY COUNCIL North OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR NEWPORTER NORTH/NEWPORTER KNOLL (PLANNING COMMISSION AMENDMENT NO. 765); PCA 765 Request to provide for the construction of 212 dwelling units on Newport North and open space on Newporter Knoll; property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort; PLANNING COMMISSION AMENDMENT NO. 766 - PCA 766 Request to amend the North ,Ford Planned Community District Regulations and Development Plan so as to allow for the construction of 300 additional dwelling units; property located at 3200 University Drive on the northeasterly corner of Jamboree Road and University Drive South, in the North Ford Planned Community; Proposed ORDINANCE NO. 92-38, being, Ord 92-38 Bayview AN ORDINANCE OF THE CITY COUNCIL Landing OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE-ZONING THE PROPERTY COMMONLY KNOWN AS BAYIVIEW LANDING FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN pCA 767 FOR BAYVIEW LANDING (PLANNING COMMISSION AMENDMENT NO. 767); Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. restaurant or a 40,000 sq.ft. athletic club; property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. Proposed ORDINANCE NO. 92-39, being, Ord 92-39 AN ORDINANCE OF THE CITY COUNCIL ego Cre OF THE CITY OF NEWPORT BEACH Creek No. ADOPTING AN AMENDMENT RE-ZONING THE PROPERTIES COMMONLY KNOWN AS SAN DIEGO CREEK NORTH AND JAMBOREE/MACARTBUR FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR SAN DIEGO CREEK NORTH-JAMBOREE PCA 768 MACARTHUR (PLANNING COMMISSION AMENDMENT NO. 768); Volume 46 - Page 263 i 4 CITY OF N WORT BEACH* COLKIL MEMBERS MINUTES �f August 24. 1992 ROLL C LL INDEX Request to amend portions of Districting Maps No. 44 and 66 so as to reclassify property from the U (Unclassified) District to the P-C (Planned Community) District. The proposal also includes a request to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use of the subject property; property located at 600 Jamboree Road, bounded by Jamboree Road, MacArthur Boulevard and SR 73, and property known as San Diego Creek North located at 3500 Jamboree Road, bounded by the San Diego Creek, Jamboree Road and SR 73; PLANNING COMMISSION AMENDMENT NO. 769 - P.CA 769 Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction of 245 dwelling units or senior citizen housing; property located at 855 San Clemente Drive, on the southeasterly corner of San Clemente Drive and Santa Barbara Drive, in Block 800 of Newport Center; Proposed ORDINANCE NO. 92-40, being, Ord 92-40 Corp Plaza AN ORDINANCE OF THE CITY COUNCIL West OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE-ZONING THE PROPERTY COMMONLY KNOWN AS CORPORATE PLAZA WEST FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGUTATIONS AND DEVELOPMENT PLAN FOR CORPORATE PLAZA WEST (PLANNING COMMISSION AMENDMENT NO. 770); PCA 770 Request to amend a portion of Districting Map No. 48 so as to reclassify property from the O-S (Open Space) and Unclassified Districts to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for the Corporate Plaza West Planned Community. This request would allow for the construction of an additional 94,000 sq.ft. of office development (115,000 sq.ft. total); property located at 1050 Newport Center Drive, on the northwesterly corner of East Coast Highway and Newport Center Drive, across from the Corporate Plaza Planned Community. Report from the Planning Department. Letters of concern about the subject agreement from Newport Harbor Lutheran Church, Leon J. and Audrey E. Misiolek, Brad and Michelle A. Hanford, Betty C. M. Messmer, Fred H. Joyner (dba Tide Office Supply, Inc.), Grace Rosengren, Lynne L. 0. Prechel, Cully Sutherland, Joseph E. and Florence Stasch, Nancy Kerr, Betren I. and Viola M. Smith, Cathleen Himel, Paul T. and Virginia L. Hawker, E. P. Benson, and H.R. Pearson. Volume 46 - Page 264 CITY OF NEWP'ORT BEACP CODICIL MEMBERS MINUTES �f August 24, 1992 ROLL CPLL INDEX Letters in support from Citizens for a GPA 92-2(C) Better Newport, and W. Lee Spencer. Letters expressing support for the City to purchase the open Space: Kimberly Jansma, Nancy Rayl, M. Garncoa, Lester Packard, J. Coates, S. Carlson, Shirley Packard, Priscilla M. Groth, Doris D. Conroy, Richard Knox, Jenell Wales, Mary Sanders, Catherine S. Wales, J. E. Groth, Henrietta Fletcher, Louis Ballas, Niki Kinkel, and Louise R. Day. The City Clerk advised that after the agenda was printed, additional letters were received concerning the subject proposal: Support - (telephone message) Bob Cooper Concern/Opposition - Mr. and Mrs. Arthur Courteau, Patricia Fonkalsrud (telephone message), Alan Blum, David Williams, George M. Crall (FAR), Shelley Spurgeon, Ann and Lloyd Dietz, Robert M. Barton. In Favor of Open Space/Purchase - Mrs. Joann M. Sprenger, Shirley Clemens, Abby Loubet, Jay and Ann Rhorton, Donald and Frances Burdorf, Pernel and Mary Ann Barnett, Dell F. Kahan, The Newport Conservancy, Jean Wilson Clouse, H. R. Nyholm, Tayna Tarr, Kip and Jamie Kula, Louise Marscellas, Carl L. DeVries, Candi Hubert, Mr. and Mrs. Lynn Friedman, Sue and Charles Turner, Billy Jencks, Mark G. Hoglund (Cliff Haven Community Association), 33 signatures - "Behalf of All Intelligent Newport Beach Residents," Diana Black, Lauri Mendenhall, Mrs. William H. Spurgeon III, Mrs. Lawrence E. Gates, Suzy Picker, Angela Ficker White, and Patricia and Hans Bode. Patricia L. Temple, Advance Planning Manager, in summarizing the proposal noted the following: "This project is composed of a comprehensive set of applications to provide entitlement for the remaining undeveloped sites in the City owned by The Irvine Company. The primary approvals are the adoption of the Circulation Improvement and Open Space Agreement, Development Agreement No. 6, and the vesting of the proposed development pursuant to the City's Traffic Phasing Ordinance. The agreement will be outlined in detail in the presentation by The Irvine Company. The details of the agreement are the result of exhaustive discussions between the company and an ad hoc committee of the City Council formed for the purpose of developing the terms of the agreement. The committee was composed of the Mayor and two City Council members with support from ,the City Attorney, Public Works and Planning Departments. The Volume 46 - Page 265 *CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES August 24, 1992 ROLL CALL INDEX agreement is a product of the City GPA 92-2(c) Attorney with substantial input from The Irvine Company. "There are three primary components of the agreement: 1) Circulation Funding Program, 2) Oppen Space Dedication Program, and 3) Provisions for the Vesting of Entitlement. "In preparing the analysis of the project, staff noted that the project would constitute the final discretionary actions in the Newport Center area. As a result, very late in the process, the staff raised the issue of dedication of Newport Village from the Library site to San Miguel Road. The City Council ad hoc committee and The Irvine Company determined that the dedication could be accomplished so long as the company was given the ability to use a portion of San Diego Creek North between the Bayview Drive extension and the Creek for mitigation of San Joaquin Hills Transportation Corridor impacts as discussed in the staff report. This concept has been incorporated into the Development Agreement. "In addition to the approval of the agreement, the development will be vested pursuant to the provisions of the Traffic Phasing Ordinance. This approval is under the long-term comprehensive project provisions which allow for the use of the net benefit concept. The balance of the approvals are the adoption or amendment of eight planned community texts which set forth development standards for each site. The standards include height limits, setbacks, parking requirements , landscaped standards, etc. , for four sites of the Castaways, Newporter North, Block 800 and San Diego Creek South, and will be subject to site plan review and tentative tract map approval. Development on Block 800, Newporter North, and Bayview Landing will be subject to use permit requirements. Develop- ment on Freeway Reservation East will be subject to additional tract map approval; the only site for which there is no discretion- ary action is Corporate Plaza West. "Subsequent to preparation of the staff report, the need for minor alterations to two of the mitigation measures were identified. Additionally, The Irvine Company has met with the U.S. Fish and Wildlife Service, and has identified an additional mitigation measure. These are Volume 46 - Page 266 CITY OF NMORT BEACP COUNCIL MEMBERS MIMJTES +� � \\\ August 24, 1992 ROLL CFLL INDEX described in the Supplemental GPA 92-2(C) staff report to the Council, and should be incorporated into the final action of the City Council, if it is taken this evening. In addition, some minor modifications to the findings prepared for certification of the Environmental Impact Report have been identified. The list of discretionary actions on page 5 (staff report page 306) should be amended to include Local Coastal Program Amendment No. 28 and the related approval in concept. The significant effect on biological resources identified on page 36 (staff report page 337) should be revised from will to may, to accurately reflect the language in the text of the EIR. "The staff would like to note for the City Council the additional requirement that has been incorporated into the P-C Text Amendment for the southern portion of the Freeway Reservation East site (Harbor 'View Hills Planned Community). This measure will require an additional acoustical analysis of the designs of the structures to assure optimal sound attenuation -from that development for the adjacent community. "Another issue raised in the staff report is access from Dover Drive to the view park and bluff top areas of the Castaways site. If the City Council desires to impose a requirement of this nature, staff has prepared additional language for the planned community text. "Correspondence received by the City Council prior to the hearing has requested a 75 foot setback from the top of the slope for the Castaways and Newporter North sites. This request was based on an estimate of a projection of a 2 to 1 slope from the existing toe of slope on the Castaways site. It's important to note that the bluff side setback established in the draft P-C Text under consider- ation, include the greater of this projection of a 2 to 1 slope from the existing toe of slope or 40 feet, whichever is greatest. It is the opinion of staff that the concern raised by this correspon- dence is satisfactorily addressed by the existing provisions. since if the scenario presented is true, the existing provisions in the P-C texts would result in the requested setback. Volume 46 - Page 267 *CITY OF NWORT BEACH* COUNCIL MEMBERS MINUTES g� August 24, 1992 ROLL ALV\ INDEX "The Planning Commission received GPA 92-2(C) a number of comments regarding the widening of Dover Drive to the master plan configuration of six lanes. While the project includes grading out of the roadway for this purpose, the subject of the master plan designation of the roadway is not subject to alteration at this time. The designation of Dover Drive adjacent to Upper Castaways has long been on the master plan of streets and highways and is also on the County master plan of arterial highways. The need for this road is not directly related to the development of Upper Castaways, but is required as a frontage improvement requirement of the development. As part of the Traffic Study, the long term need for this improvement was again validated. This arterial designation is necessary to maintain the correlation of the City's Land Use and Circulation Elements which was achieved by the General Plan update approved by the City in October of 1988. "At the Planning Commission hearing, several persons testified in regards to the relationship of the possible future widening of Dover Drive to the ultimate need for the construction of the 19th Street bridge over the Santa Ana River. During the Commission meeting, staff indicated that there is no connection between the widening of Dover Drive and the need for the 19th Street bridge. In the response to comments, staff had the consulting Traffic Engineer validate the traffic consequences of the project on the ultimate need for the 19th Street bridge. A special traffic model run revealed that of all the automobiles anticipated to utilize the 19th Street bridge, only 640 (2.5%) will also use the portion of Dover Drive between Coast Highway and Westcliff. This is the total automobile trips which cross the City of Costa Mesa via 19th, 17th and 16th Streets. Of these 640 trips, only 81 (0.3%) can be attributed to the project, and only 30 (0.1%) can be attributed to the development proposed for Upper Castaways." The Public Works Director, referencing certain aspects of the Circulation Element improvement funding, stated that the point he wished to emphasize is that the funding advance will be available to use as matching funds and thus can be leveraged. The City competes with other cities and other agencies for funding under various regional funding programs and almost all Volume 46 - 268 CITY OF NEWPORT BEACP COOUNCIL MEMBERS MINUTES August 24, 1992 ROLL CFlLL INDEX the programs available require matching GPA 92-2(C) funds, thus the funds proposed to be advanced can be leveraged and very useful in completing the remaining elements of the Circulation Element in the General Plan. Further, the priorities for completing those projects will be set by the City. With respect to the San Diego Creek North Planned Community site, the Public Works Director stated it includes an area for the proposed ramp from Jamboree Road to the San Joaquin Hills Transpor- tation Corridor, and he would like to recommend that paragraph 5.1 of the Development Agreement be amended to read as follows: "Company shall dedicate to the City the area shown as open space/public facilities on the Planned Community Development text for each parcel, with the exception of certain lands on the San Diego Creek North site that may be necessary for implementation of the San Joaquin Hills Transportation Corridor which should be offered for dedication directly to the Transportation Corridor Agency." In response to question raised by Council Member Plummer relative to the widening of Dover Drive, the Public Works Director stated that the area in question pertains to Dover Drive between Pacific Coast Highway and Westcliff Drive only. In response to question raised by Council Member Hedges relative to what circulation improvements are contemplated by the approval of a Development Agreement, as opposed to what otherwise would be constructed without the benefit of a Development Agreement, the Public Works Director commented that the Agreement does not directly specify any circulation system improvements other than the obligations of the various parcels to construct fronting improvements associated with development of the specific parcel, but the Agreement does provide for an advance of funding in the amount of $20.6 million that would be available for the City to use for improvements to any element of the circulation system in the General Plan. The City Attorney advised that the Development Agreement specifies three criteria that the City has to apply in considering how to use the advance funding which are: 1) improvement has to be consistent with the Circulation Element, 2) contribute to the overall reduction in IctT at certain intersections, and 3) represent improvements which have been considered by the Council in finding that the benefits to traffic circulation resulting from the agreement Volume 46 -- Page 269 CITY OF NEWPORT BEACIP COLKIL MEMBERS ,p MINUTES August 24, 1992 ROLL CFlLL INDEX substantially outweigh any increase in GPA 92-2(C) traffic congestion at impacted, but improved intersections. In response to Council Member Hedges inquiry, the Public Works Director stated that the most significant project that the City Council has approved preliminary steps on is the widening of MacArthur Boulevard from PCH to Ford Road, and to the future San Joaquin Hills Transportation Corridor. Council Member Hart pointed out for the benefit of those in the audience that the Planning Commission approved less than a 40 foot setback on the coastal bluff which was referenced earlier by Ms. Temple. In response to remarks by Council Member Hart, Ms. Temple stated that at the time The Irvine Company indicated to the City staff that they were willing to give up on the request, to have that encroach- ment into the bluff top setback area, it was the assumption of staff that any larger setback was automatically acceptable, and as a result, staff went ahead and altered the Planned Community Text for Castaways and Newporter North, and those actions are now before the Council. Consequently, it is being recommended that Ordinance Nos. 92-36 and 92-37 be reintroduced. In response to question raised by Council Member Watt regarding the 40 foot setback, Ms. Temple commented that the provisions in the P-C text are exactly the same as in the bluff setback ordinance established in the City's municipal code which sets a 40 foot minimum or greater, if the projection of a 2 to 1 slope from toe results in greater than 40 feet. However, in the correspondence the City Council received, the author based his calculations on a 75 foot setback which he felt was correct. Discussion continued wherein Ms. Temple stated that the provisions of the Circulation Improvement and Open Space Agreement provide for payment of three different types of funding for circulation improvements and roads: 1) prepayment of fair share fees, 2) commitment to frontage improvements, and 3) advance funds paid to the City. In essence, the Agreement will require the City to return back to The Irvine Company, 50% of the fair share fees that gather on a yearly basis, and if at the end of 20 years the advance is not fully repaid, then the balance is forgiven. The other aspect of the advance is that it is interest free. Volume 46 - Page 270 CITY OF NEWPORT BEACP COA\\ KIL MEMBERS MINUTES August 24, 1992 ROLL INDEX In response to question raised by Mayor GPA 92-2(C) Sansone, Ms. Temple stated that each project, with the exception of Corporate Plaza West, has a specific set of subsequent discretionary actions which must ba approved, at minimum, by the Planning Commission, and possibly the City Council if appealed or called up. Corporate Plaza West, unless the project is proposed to vary from the development standards contained in the P-C, could proceed without further discretionary action. In response to question raised by Council Member Hedges, Ms. Temple explained how fair share fees are calculated pursuant to the provisions in the Municipal Code. Raymond Watson, Vice Chairman of The Irvine Company and resident of Newport Beach, addressed the Council and stated this specific proposal began three years ago, and during this period, they have met with the City Council Ad Hoc Committee, Parks, Beaches & Recreation Commission, community associations, SPON, Newport Conservancy, and as a result, they have modified their plan along the way. He stated that not everyone is going to be happy with the outcome, but for the most part, they feel they have met the needs and desire of the community and that it hat been a very constructive and healthy process. He added that they are not requesting anything more than what is allowed under the General Plan. Tom Redwitz, Vice President of The Irvine Company, gave an in-depth and detailed slide presentation of the history connected with this proposal; an outline of the proposed Circulation Improvement and Open Space Agreement; and a review of the twelve sites included in the subject Agreement. In summaty, he noted that they reviewed 12 sites totaling 258 acres; the proposal consists of $21.1 million in financial commitments for circulation system improvements; there are 152 acres of open space (77 acres more than required in the General Plan); there will be less development than the City General Plan allows; and significant benefits to the City and Community. Mr. Redwitz pointed out that the Development Agreement requires that each project come back to the City Council (except for Corporate Plaza West) for subsequent public hearing and review by the City prior to any construction. in addition, nothing in the Development Agreement precludes the City, Newport Conservancy, or any third party from acquiring or purchasing the Castaways or Newporter North sites for open space. Volume 46 - Page 271 CITY OF NEWPORT BEACB* CWNCIL MEMBERS MINUTES �f August 24, 1992 ROLL J INDD( In response to question raised by GPA 92-2(C) Council Member Hart, Mr. Redwitz confirmed that conceptually, as it relates to the Castaways site, The Irvine Company will not build homes any higher than 2-story, and that the homes closer to Dover Drive will be somewhat similar to the surrounding community, such as Mariners. In response to question raised by Council Member Turner regarding senior housing or in-home care, Ms. Temple commented that the Land Use Element of the General Plan makes broad provision for senior citizen housing facilities. In residential areas, it acknowledges that the provision for senior citizen housing facilities may involve densities higher than any specific density limit or dwelling unit limit provided for in the Land Use Element that is allowed under the General Plan, upon the finding that the project that is ultimately constructed would be no more by way of traffic generation than the standard residential project at the density indicated in the General Plan. In essence, depending on the character and nature of the facility, you may have significantly more rooms or beds, etc. Assisted living and skilled nursing facilities are subject to approval of a Use Permit. In response to question raised by Council Member Watt regarding siting and bulk, Ms. Temple stated that the provisions contained in the Development Agreement provide for subsequent discretionary action of most of the sites via site plan review. The site plan review procedures are a mechanism whereby the Planning Commission can review the site plan in order to address specific site planning issues. In this type of an assessment, it would be her observation that the City Council does not have as much discretion as it would normally have in a regular tentative tract map zoning adoption process. However, through the site plan and tentative map procedures, there is a significant amount of discretion that the City has in terms of affecting the site plan itself, and the grading plan as well. The City will not be able to make wholesale alterations to the development standards. In response to question raised by Council Member Hedges regarding the open space dedication conditions (Exhibit F), the City Attorney advised Exhibit F does state that the City is required to record a covenant, but the Development Agreement itself specifically authorizes the City to transfer parcels dedicated to open space to third parties, so long as that third party assumes the responsibility for maintaining it as open space. Volume 46 - Page 272 ! CITY OF NEUORT BEAC# CODICIL MEMBERS MINUTES August 24, 1991' ROLL CRLL INDEX Council Member Hedges inquired as to how GPA 92-2-(C) much it would cost the City to maintain the properties proposed to be dedicated for open space or park use, to which Ron Whitley, Director of Parks, Beaches and Recreation indicated it is estimated between $100,000 to $150,000 annually for all the acreage involved. Discussion ensued with respect to what amount of revenue would be generated in terms of property taxes as a result of this build out, wherein Council Member Turner advised that this was an item of discussion at their Circulation Buildout Ad Hoc Committee meetings. They took into consideration the loss of taxes by not building out more ,square footage, but they also felt it was reflective of the philosophy the City wanted to maintain when it approved the amendments to the General Plan in 1988 and down zoned certain properties throughout the City. In response to remarks of Council Member Watt regarding the Jamboree/MacArthur Triangle and San Diego Creek North sites not being suitable for office space because of San Joaquin Hills Transportation Corridor, Mr. Redwitz commented that he concurred that both sites will be difficult to build on, but are buildable. He stated it is their understanding that there is a desire among the community and the City to reduce office entitlement because there would be a net benefit to the circulation system due to fewer cars. Also, that amount of square footage within the General Plan is being aliminated' and is not being proposed to be transferred to another site. In response to question raised by Council Member Turner regarding the Development Agreement as it relates to the Castaways site, Ms. Temple advised that the P-C text as currently drafted in the Agreement, does not preclude the creation of a direct vehicular and pedestrian access from the current and of 16th Street to the bluff top/setback and park areas. However, it does not mandate that it occur and the way it is structured currently, if The Irvine Company were to choose to construct a gate-guarded community, it may not be feasible to bring a public road through that area based on their development concept. She stated she had indicated earlier that this is an issue raised by the Lutheran Church, and if it is the opinion of the City Council that such an access is absolutely necessary, then she would suggest that a provision be added to the P-C text making said requirement. Volume 46 - Page 273 *CITY OF NEWPORT BEACH COUNCII4jLp MEMBERS MINUTES August 24, 1992 ROLL CRLL �A INDEX Mr. Watson addressed the Council again GPA 92-2(C) in reply to Council Member Turner's remarks regarding dedication of property, and indicated that they will work with the City in terms of flexibility regarding the subject of dedication; however, when they convey property for open space it is their intent to impose restrictions whereby that property remains unchanged as to its use. Mayor Sansone made reference to the height limit allowed for the Castaways site, wherein Mr. Redwitz stated that pursuant to current zoning, they are allowed up to a 32-foot height limit. He stated they may not need the 32-foot height limit, but it is very difficult to estimate the actual height limit at this time without the benefit of knowing the product they are going to build. In response to question raised by Mayor Sansone regarding the feasibility of switching the senior housing project proposed for Bayview Landing to the Castaways recreational park site, Mr. Redwitz commented that as a result of their study and the various outreach community meetings, it was felt that there is a desire to have an active park on the Castaways site; however, if it is the desire of the City Council to provide affordable housing on the Castaways site, and an active park on Bayview Landing, they would not oppose the idea. In reply to question by Council Member Watt, Mr. Watson indicated that if this switch in use were approved, and the Newport Conservancy were to purchase the Castaways site, the purchase price to the Conservancy would not be penalized. At this time the meeting was opened to public testimony. Carl Hofbauer, 20421 Bayview Avenue, Santa Ana Heights, representing SPON, commended The Irvine Company in their efforts to arrange for public acquisition and permanent protection of open space of the Upper Castaways and Newporter North sites, and he hopes their efforts are successful. He stated he would like the City Council to consider the various recommendations referenced in SPON's letter dated August 18, 1992. He cited some of their primary concerns as follows: 1) They feel the minimum bluff setback should be increased from 40 to 75 feet. 2) They would like to limit development on Newporter North to above the 110 foot contour. Volume 46 - Page 274 CITY OF NWORT MAP COUNCIL MEMO MINUTES August 24, 1992 ROLL CRLL INDEX 3) They support efforts to limit GPA 92-2(C) I average heights of development on Upper . Castaways and Newporter North to 24 feet. 4) That there be public access from 16th Street to the bluff park on the Upper Castaways. (In his own oppinion, pedestrian access would be sufficient). Dr. Jan Vandersloot, 2221 16th Street, stated that he has met with representatives of The Irvine Company over the past few years regarding this project, and commended them in "pulling back development" in some of the wetland areas and dedicating more open space than required In the General Plan. He also commended the City for assisting in the purchase of properties at Upper Castaways and Newporter North for permanent open space. He suggested that no development be allowed in the Newporter North site in the best interest of the ecology of Newport Bay. If development is allowed, the Fish and Wildlife Service as well as the Fish and Game Department, contend that the Coyote that is at the Newporter North site now will probably disappear from site. He stated that the magnitude of this problem is described in the Bolsa Chica EIR where development of some 4000 homes is being considered on the mesa above the wetlands in Huntington, Beach. In reference to East 16th Street, he stated that the EIR does not address the impacts to East 16th Street, inasmuch as there has not been a noise or traffic study involving East 16th Street; it only analyzes 16th Street between Dover and Irvine Avenues. He suggested that prior to approving this project, the Council consider the impact of the 1500 per day vehicle trips at the and of 16th Street which will affect the people of East 16th Street. In concluding, he stated that it is the opinion of the City Manager of Huntington Beach that property taxes from residential developments in that City ultimately do not pay for the services that are needed to serve those residential developments, and this may apply to other cities as well. Therefore, it could prove that it will cost more to have residential developments on the Castaways and Newporter North than by keeping the property as open space. He also hopes the City gives Newport Conservancy enough time to purchase these two parcels so they will remain as open space. Allan Beek, 2007 Highland Avenue, stated he was pleased to see the City Council and staff, The Irvine Company, and Newport Conservancy working together to give the voters a chance to purchase the Castaways and Newporter North parcels, and he looks forward to seeking voter approval. However, that is not the issue Volume 46 - Page 275 CITY OF NEWPORT BEAM0 '�t�CODICIL MEMBERS MINUTES gf August 28, 1992 ROLL CRLL INDEX at this time. He stated that the GPA 92-2(C) Development Agreement under consideration incorporates by reference a set of code amendments, and if the Agreement is approved, he felt the City has "tied the hands for all future City Councils." Therefore, the Council will lose forever the power to amend, correct errors, or keep up-to-date. Any oversights will be permanently frozen in, and to sign the Agreement would be a tragic mistake. He referenced the letter from SPON to the City Council dated August 18, 1992, citing short- comings in the Agreement. He discussed the topic of gated communities and explained his reasons for opposing same. He addressed the subject of separating open space from private homes as illustrated in a brief slide presentation. He stated he supports the Mayor's comments relative to a 24-foot height limit. In conclusion, he urged the Council to not approve the Development Agreement as he does not feel it is necessary. Anita Meister-Boyd, 1848 Port Carlow, spoke regarding the parcel known as Freeway Reservation East in which there are 12 dwelling units proposed on the site. She stated that the open space that currently exists on this property is shared by adults and children for active and passive recreational use, and on the 4th of July, the community congregates to observe the fireworks festivities throughout the City. Freeway Reservation East, sometimes referred to as Nature Park Extension, meets the objectives of open space as set forth in the EIR, but the 17.3 acres left after the proposed development on the subject property does not meet the City's criteria as they are relatively inaccessible and are unsuitable for active or passive uses, except as a small proposed park. She emphasized the noted differences between the Freeway Reservation East parcel and all the other parcels under consideration relative to the proposed 12 dwelling units as enumerated in her letter to the City Council. In concluding, she urged that this site be preserved as open space. Robert Davis, representing Newport Harbor Lutheran Church, 798 Dover Drive (adjacent to the Castaways site), stated their primary concern is Exhibit "F" which they feel creates a landlock situation for the church. When Dover Drive is eventually extended, the City will purchase land from the church for the frontage, and as a result, they will have no place to expand or be able to trade the City for equal amount of land on their southerly property line. Therefore, it will make them illegal to operate under their conditional use permit. He pointed out that the Development Agreement as written, Volume 46 - Page 276 CITY OF NWORT BFACP IN I COUNCIL MEMBERS MINUTES �f August 24, 1992 ROLL CALL INDEX particularly Exhibit "F", causes further GPA 92-2(C) problems, which he has set forth in a detailed letter to the City Council dated August 12, 1992, citing (in part) as follows: 1) The Agreement will harm their present programs and future expansion plans; . 2) The Agreement provides inadequate parking for both the proposed parks; 3) The Agreement provides inadequate public vehicular access to the passive park and the bluff viewpoint, and 4) The agreement does too little to protect the bluffs and its environment. Mr. Davis displayed an exhibit outlining a proposed plan by the church, recommending that the parking be placed on the north and of the park, and that 16th Street be realigned for improved access. Taylor Grant, Vice Chairman of the Parks, Beaches & Recreation Commission, addressed the Council in response to inquiry regarding the proposed park on the Castaways site. He stated that currently it is anticipated the park will accommodate a combination soccer field and baseball diamond, unlighted, with supporting restroom facilities and probably a tot lot. Specific parking is provided for adjacent to the active park in the conceptual plans. Linda Schindler, 1800 Port Tiffin Place, spoke in support of retaining the Freeway Reservation East (Nature Park Extension) as open space. She stated she concurred in the remarks of Anita Meister-Boyd in opposing the proposed 12 dwelling units on this site. She stated that in reviewing the EIR, she noted that 9 out of 12 items were a negative impact if this land was developed, and therefore, urged the Council to reconsider the proposal for this site. Karen Evarts, 426 Via Piazza Lido, stated she is a 20 year resident of the City and also a charter member of ('Citizens to Save the Blufftops," and will be speaking on behalf of herself and the Committee. She commended The Irvine Company, City staff and City Council for their careful planning and vision as reflected in the Development Agreement of the City's remaining open space. She discussed the seriousness of the current and future drought situation as it relates to new development, the proposal to sell the Castaways and Newporter North sites by Volume 46 - Page 277 CITY OF NEWPORT BEACH* COUNCIL MEMBERS MINUTES gf August 24, 1992 ROLL CHLL INDEX The Irvine Company, and the need for the GPA 92-2(C) City to help financially in those acquisitions for open space; she cited concerns with respect to the Development Agreement and indicated it not be adopted at this time. Richard Luehrs, President, Newport Harbor Area Chamber of Commerce, spoke in support of the Circulation Improvement and Open Space Agreement as presented. The Chamber recognizes the many benefits this proposal will bring to the community. With the City under increasingly budget constraints, the proposed program provides an excellent opportunity to obtain substantial funds for improvements and create additional tax revenues. The project will also create much-needed jobs during construction and provide additional spending in the community. He alluded to the financial problems the State is now facing and its impact on the City, and indicated this situation was not going to get any better or go away. In concluding, he stated that not only will the City benefit by having funds available for circulation improvements called for in the City's traffic element, the City will be in a very competitive position for matching funds from outside sources. Therefore, the City cannot afford to pass up this proposal, not only because of the economic benefits it provides, but the open space as well. Len Roluvek, 610 Tustin Avenue, President, Friends of Newport Bay, stated he was appreciative of the efforts of The Irvine Company, the City and Newport Conservancy to form an assessment district to purchase the land surrounding Newport Bay. He discussed the importance of preserving wildlife in the Bay as well as. the importance of not developing Newporter North site; he also discussed the benefit of the Coyote as opposed to the Red Fox in the Bay area; he also felt there should be a road alongside the bluffs, not just an public access trail. Royal S. Radtke, 330 Mayflower Drive, President of the Corona del Mar Chamber of Commerce, stated that their Board supports The Irvine Company's proposal. However, speaking as President of the DeAnza Bayside Village Homeowners Association, which consists of 266 mobile homes for senior citizens, he stated it is their recommendation that rather than place senior housing on Bayview Landing, that The Irvine Company consider selling the land that Bayside Village is presently on to the seniors for senior housing, therefore affording low-income housing for 266 units in the City. At the present time, DeAnza Bayside Village Homeowners Association does not fit into any of the City's categories as far as Volume 46 - Page 278 CITY OF NWORT BEACP CODICIL MEMBERS MINUTE' �f August 24, 1992 ROLL CEN L INDEX housing, other than alternate housing. CPA 92-2(C) He urged the Council to give some thought to the issue of affordable housing (which to most is not affordable in Newport Beach) and their recom- mendation to relocate to Bayview Landing. Taylor Grant, Vice Chairman of the Parks, Beaches 6 Recreation Commission, directed his comments to the Circulation Improvement and Open Space Agreement. The Commission's recommendation is to approve the open space element; they do not feel that any additional acreage is needed; the proposal for the Castaways site is a good compromise and overall plan; the Commission addressed the issues of economic balance; maintenance costs, improvement .costs, etc. , and in summary, the Commission is looking forward to either implementing the plan under consideration or working with the group who purchases the Newporter North and Castaways sites in hopes of meeting the recreational needs of the City. David Lamb, 1851 Port Stanhope, addressed the Council regarding the Freeway Reservation East parcel (proposed to be part of the Newport Hills Community Association). He discussed- the im act development would have on the adjacent community; he stated the neighborhood ad hoc committee to study this issue, met with The Irvine Company several times and would like to see it remain as open space; however, if this does not occur, they feel the proposed plan is workable for their association. Robert R. Weber, 420 Heliotrope Avenue, stated he has been a resident of the City for 20 years; he is an affordable housing advocate for Orange County Homeless Issues Task Force, and commended the City on its General Plan, particularly the Housing Element and the work that went into preparing it. He stated he supports the proposal submitted by The Irvine Company which provides for 956 housing units and would urge its approval. Joanne Burns, 300 Cagney Zane, stated she was speaking as a member of the SPON steering committee, and as a concerned environmental resident. She commended all those involved in this issue who have given so much of their time. She spoke in support of saving the bluff face and wildlife; was in favor of moving the senior citizen site from Bayview Landing to the Castaways site; and felt that senior citizens and bicyclists do not make a good mix. volume 46 - Page 279 r CITY OF NEWPORT BEAR COI MINUTES AugustMEMBERS August 24, 1992 ROLL CRY INDEX Bill Schonlau, representing Citizens for GPA 92-2(C) a Better Newport, stated they endorse the proposed Circulation Improvement and Open Space Agreement, and strongly encourage the City Council to approve the document as they believe it represents cooperative, rather than adversarial planning between the City and The Irvine Company. He added that the proposed open space is a tremendous benefit to the City and that this open space can be realized without being a burden on the taxpayers. In summary, he emphasized three points they feel are critical to the value of this proposal: 1) the Development Agreement provides for more open space than is called for in the General Plan; 2) the front-end funding for traffic improvements are also beyond the requirements of the General Plan; and 3) the Newport Conservancy, or other similar agencies, who wish to purchase any of these parcels does retain the right to do so up to the time of pulling permits. Ed Benson, 1028 Westwind Way, stated he has been a resident of the City for 21 years, and has admired many of The Irvine Company developments throughout the City as well in the City of Irvine. He stated he supports the Circulation Improvement and Open Space Agreement because he felt it contributes to the betterment of the City; the Agreement provides for additional revenue in terms of property taxes as well as sales tax from those new residents, which funds could be used to defray costs for children's parks/playgrounds, etc. , and therefore, urged the Council to accept the proposal as submitted. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Plummer referenced the issue of access to public parks at the Castaways site, and suggested the following language be included within Ordinance No. 92-36: "The design of the subdivision and/or public parks by the City, approved through the tentative tract map and site plan review process, shall provide for vehicular public access and parking for the view park and bluff top open space from either 16th Street and/or the new intersection to be created at Cliff Drive. In making this requirement, if access is provided from 16th Street, the Planning Commission and/or City Council Volume 46 - Page 280 CITY OF NEWPORT BEACH CODICIL MEMBERS MINUTES August 24, 1992 ROLL CALL INDEX shall not stipulate that this GPA 92-2(C) access be provided directly through the residential area if the development includes ,private streets, is a gate guarded community, or would result in fragmentation of the residential area. The project proponent shall also consult with the adjacent Newport Harbor Lutheran Church in the final design of the project in regard to public access from 16th Street." Motion x Motion was made by Council Member Hart All Ayes to approve the foregoing. At this time, Council Member Hart complimented the City staff, the Council Ad Hoc Committee, and The Irvine Company on the proposed plan. She stated that Newport Beach is one of the slowest growing cities in the County, and by adding less than 2000 people in the next two years per the Agreement will actually work very well for the City; she felt that Bayview Landing was one of the most outstanding pieces of property around (upper section of Jamboree Road and PCH) looking up to the upper bay to the San Bernardino mountains, and she would hope there would never be anything on this site other than wildflowers and minor grading to improve the site; with regard to Newporter North, she suggested consideration be given to the suggestions referred to in Gordon Glass' letter regarding site plan variations; and pertaining to the Castaways site, she supports a modified plan to eliminate using the Lutheran Church parking lot for a public street. In response to the remarks made by Council Member Hart regarding the Lutheran Church parking lot, Ms. Temple advised that the conceptual site plan which Council Member Hart referred to is one of many concepts which have been developed and shown to various members of the community. The recommended actions to be taken in relationship to the Agreement do not include any site specific provisions, and it is her opinion, that the previous condition regarding vehicular and pedestrian access on 16th Street probably gives some latitude in the site plan review process to the extent that the overall functioning of the parking and the parks, tha church and residential development is more easily addressed. In essence, there is really nothing to alter at this time. Motion x Motion was made by Council Member Hart All Ayes that the minimum setback on the coastal bluffs on the Castaways site shall be 40 feet. Motion x Motion was made by Council Member Hart to limit development to two-stories on the Castaways site. Volume 46 - Page 281 *CITY OF NEWPORT BEACH* COUNCIL MEMBERS MINUTES �f August 24, 1992 ROLL CflLL INDEX Discussion ensued with regard to the GPA 92-2(C) above suggested action wherein the Planning Director reported that the definition of "stories" was eliminated some 20 years ago and substituted with the term "height limit." Following consideration of the above remark, it was suggested the height limit be set at 24/29 feet. Council Member Turner suggested the height limit be set at the time of site plan review to which the City Attorney indicated he had no objections. Mr. Redwitz addressed the Council at this time and stated it is their understanding from their legal counsel that development agreements do require that a maximum height is established. Mr. Watson stated that they have no objection to the average height limit of 24/29; however, if it is possible, there may be a structure they desire to be at the 32 foot height limit, subject to the Planning Commission and City Council review; the reason being that he does not want to see "everything at the same height." Mr. Redwitz suggested language that would require a 24 foot average height limit, going up to 29 foot maximum; however, upon review and approval of the Planning Commission, the height limit may go up to 32 feet. Ms. Temple re-worded the above language to read as follows: "All buildings shall comply with the height restrictions established by the City for this area. The maximum building height for all buildings shall be 24 feet. The Planning Commission, upon site plan review, may approve buildings up to a maximum height of 32 feet. All heights shall be measured in accordance with the Municipal Code and determined from the grade approved in the site plan review and subdivision approval." All Ayes Council Member Mart, maker of the motion, accepted the foregoing and clarified that the provision applied to Castaways and Newporter North, and the motion was voted on and carried. Motion x Mayor Pro Tem Turner made a motion All Ayes suggesting the following additional language regarding Bayview remediation - Exhibit "F": 11(5) Company shall complete, to the City's satisfaction, a remediation program for the removal of known petroleum products or hazardous wastes on the Bayview Landing parcel prior to dedication. Company shall diligently pursue the remediation program to completion so that timing of the dedication is not affected." Volume 46 - Page 282 M CITY OF NEWPORT BEACIO COUNCIL MEMBERS MINUTES August 24, 1992 ROLL "�\ INDEX Motion x Council Member Turner made another GPA 92-2(C) motion suggesting an additional revision to Exhibit "F" regarding flexibility and changing the next to last sentence to read: " and that the City will not abandon the dedicated parcels or transfer all or a portion of a dedicated or conveyed parcel to a third party for other than open space for the uses specified in the P-C text, unless, 1) the proposed transfer is necessary to implement City acquisition of open space or other property owned by a third party, 2) the proposed development will not compete, conflict or interfere with development proposed or constructed by the company, and 3) the proposed development is consistent with the Land Use Element." Ayes x x x Following discussionrthe motion, as made Noes x x x x by Council Member Turner was voted on and FAILED. Motion x Motion was made by Mayor Pro Ten Turner All Ayes to approve the following language read Y into the record by the City Attorney regarding the Castaways site and access to Dover Drive: "To facilitate the widening of Dover Drive or access to the park or open space on Castaways, the City may convey to the Lutheran Church a portion of the dedicated parcel on the south side of the Church property. The amount of property conveyed to the Church in the event Dover Drive is widened shall, at minimums provide replacement parking for spaces lost as a result of a widening. Any conveyance to the Church to provide replacement parking shall be conditioned on the Church's conveyance of Dover Drive frontage necessary to accommodate the widening to Master Plan standards." Motion x With regard to San Diego Creek North, All Ayes motion was made by Council Member Turner to add the following language to the first sentence in Section 5.1 of the Development Agreement: "Company shall dedicate to City the area shown as open space/public facilities on the Planned Community Development text for each parcel, with the exception of certain lands on the San Diego Creek North site that may be necessary for implementa- tion of the San Joaquin Hills Transportation Corridor which should be offered for dedication directly to the Transportation Corridor Agency." Volume 46 - Page 283 !CITY OF NEWPORT BEACH CODICIL MEMBERS MINUTES I�f August 24, 1992 ROLL I ti� INDEX Discussion ensued regarding senior GPA 92-2(C) citizen housing relocation between the Castaways site and Bayview Landing, and Mayor Sansone asked Ms. Temple how the logistics would be handled if the City Council were to move the senior citizen housing from Bayview Landing to the Castaways site. Ms. Temple responded that in order to implement a change of this nature, the action is rather complicated. Currently, there is a suggestion to adopt a resolution amending the Land Use Element of the General Plan regarding the Bayview Landing site and another resolution regarding the Local Coastal Program amendment for Bayview Landing site. Unfortunately, the Planning Commission did not address in any way, shape or form, the trade-off the Council is considering at this time, therefore, pursuant to City Council Policy Q-1, this matter must be referred back to the Planning Commission for public hearing. In response to question raised by Council member Watt, Ms. Temple stated that if the Council trades the active park proposed for the Castaways site for senior citizen housing at Bayview Landing, there will definitely be more building (mass and bulk) on the Castaways site; and the use of the senior citizen housing facility as provided currently in the Bayview Landing text requires that the entire development be subject to the review and approval of the use permit which allows the Planning Commission and City Council on an appeal or review to address the specifics of the project. Motion x Pertaining to the Bayview Landing/ Ayes x x x x Castaways trade-off, motion was made by Noes x x x Mayor Sansone to continue agenda action items f A g (amendments to the Land Use Element and Local Coastal Program Land Use Plan for Bayview Landing), and to direct the staff to advertise same for public hearing by the Planning Commission on September 10 and City Council on September 14, 1992. Prior to voting on the above motion, Ms. Temple pointed out that construction of senior citizen housing on the Bayview property involves the transfer of 30,000 sq. ft. of retail commercial to Fashion Island, and she just wanted the Council to be aware that the potential for creating an active park on Bayview Landing and the senior housing on the Castaways site also involves that 30,000 sq.ft. transfer. Council Member Plummer suggested the Council consider appointing an ad hoc committee to report back in six months on the formation of an assessment district for voter approval for one or more of The Irvine Company owned parcels, and to direct staff to come back at the next meeting with the appropriate resolution and guidelines. Volume 46 - Page 284 , . I CITY OF NEWPORT BEACh1* CWKIL MEMBf"6 MINUTES f August 24, 1992 ROLL CRLL INDEX No formal action was taken on the PA 92-2(C) foregoing at this time. In response to comments made by Council Member Plummer regarding the paving of Dover Drive, Ms. Temple stated that the Public Works Department has requested the grading out of the road bed and the dedication of the right-of-way for the ultimate width of Dover Drive, and currently the City's traffic model shows that, with or without the development of Upper Castaways, that amount of road is required in that particular location, However, it is not required to date and it may not be required for many years into the future. The Public Works Director concurred in the above remarks, and also stated that the ultimate master plan need for widening of Dover Drive is not dependent explicitly on development of the Castaways site and traffic generation from that site. Council Member Watt referenced the letter from Gordon Glass regarding the view of Avalon from Jamboree Road, and indicated she would like to see this view preserved through the site plan review process. In reply to the above, Ms. Temple reported that the staff did a great deal of research in addressing Mr. Glass' comments regarding the EIR, the project and the response to comments, and the staff believes that the development area defined does preserve the existing view toward the lower bay and of Catalina. Council Member Watt also commented that the reason the Newport Conservancy was not represented in the hearing tonight was because the group signed a memorandum of understanding with The Irvine Company this afternoon. She summarized parts of the agreement, noting it states that the Conservancy will not object to this development plan and agreement; that by November 1, 1992, there will be a negotiated purchase price; by April 1993, the Conservancy would ascertain the interest of Newport Beach voters in supporting, ihe funding; and by November 1993 an election would take place if determined necessary. She also referenced the letter from the Conservancy dated August 14, 1992, wherein it is requested that the City Attorney and City Manager work with the Conservancy and The Irvine Company to develop an initiative and/or ballot language that could be used by an assessment district. She stated that no action was required at this time, but she wanted the Council to be aware of the request. Motion x Hearing no other comments at this time, All Ayes Ms. Temple reviewed the suggested action, and Mayor Pro Tea Turner coved the following: Volume 46 - Page 285 CITY OF NEWPORT BEACH CODICIL MEMBERS MINUTES August 24, 1992 INDEX ROLL CRN LV (a) Adopt Resolution No. 92-88, GPA 92-2(C) accepting, approving and certifying Final Environmental Impact Report No. 148; (b) Hake the (amended) Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; (c) Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; (d) With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project , and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement o f O v e r r i d i n g Considerations are acceptable; (e) Adopt the Mitigation Monitoring program as amended; (f) Continue adoption of proposed Resolution amending the Land Use Element of the Newport Beach General Plan for the Bayview Landing site. Staff directed to schedule public hearing by the Planning Commission on September 10, and the City Council on September 14; (g) Continue adoption of proposed Resolution amending the Local Coastal Program, Land Use Plan for the Bayview Landing site. Staff directed to schedule public hearing by the Planning Commission on September 10, and the City Council on September 14; Volume 46 - Page 286 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES August 24, 1992 ROLL CRL1 INDEX (h) Reintroduce roposed GPA 92-2(C) ORDINANCE 10. 92-35, (as amended) and pass to second reading on September 14, 1992; (i) Sustain the action of the Planning Commission and apprav� Traffic Study No. 82 subject to the conditions imposed by the Commission; (j) Adopt Resolution No. 92-89, Res 92-89 adopting an amendment to the Harbor View Hills Planned Community; (k) Reintroduce proposed ORDINANCE NO. 92-36, (as amended) and pass to second reading on September 14, 1992; (1) Reintroduce proposed ORDINANCE NO. 92-37, (as amended) and pass to second reading on September 14, 1992; (a) Adopt Resolution No. 92-90, Res 92-90 adopting an amendment to the North Ford Planned Community; (n) Reintroduce proposed ORDINANCE NO. 92-38, (aa amended); (o) Adopt proposed ORDINANCE Ord 92-39 NO. 92-39; (p) Adopt Resolution No. 92-91, Res 92-91 adopting an amendment to Block 800 - Newport Center Planned Community; AND (q) Adopt proposed ORDINANCE Ord 92-40 NO. 92-40. 4. Mayor Sansone opened the public hearing Ord 9 regarding proposed ORDINANCE N0. 92-43, Zo ng being, 94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT B AMENDING TITLE 20, CHAPTER .84 OF THE MUNICIPAL CODE P G TO THE PE HE NUMBER AND YARD ENCR S OF ACCESSORY BUILD IN RESIDENTIAL DISTRICTS G COMUIISSION PCA 762 AMENDMENT 762). Report fro he Planning Department. He no one wishing to address the C the public hearing was closed. Motion x Notion was de to adopt Ordinance No. All Ayes 92-43. Volume 46 - Page 7 City Council M•ing August 24. 1992 . Agenda Item No. 3 t I CITY OF NEWPORT BEACH TO: Mayor and Members of the City Council FROM: Planning Department6Q'k— SUBJECT: A General Plan Amendment 92-2(C) Request to amend the Land Use Element of the Newport Beach General Plan to allow for an optional permitted land use of affordable senior citizen housing on the Bayview Landing site in association with the transfer of 30,000 sq.ft.of retail commercial entitlement to Fashion Island in Newport Center. The proposal also includes the acceptance of an environmental document. AND • B. Local Coastal Program Amendment No 28 Request to amend the Local Coastal Program,Land Use Plan to allow for an optional permitted land use of affordable senior citizen housing on the Bayview,Landing site in association with the transfer of 30,000 sq.ft. of retail commercial entitlement to Fashion Island in Newport Center. INITIATED BY: The City of Newport Beach AND C. Ordinance No 92-35 (Development Agreement No. 6) Request to adopt a Development Agreement for the Circulation Im- provement and Open Space Agreement for eleven sites in the City of Newport Beach. AND D. Traffic Study No. 82 Request to approve a traffic study consistent with the provisions of Chapter 15.40 of the Newport Beach Municipal Code for eleven sites s TO: City ouncil - 2. addressed in the Circulation Improvement and Open Space Agree- ment. AND E. Amendment No. 763 Request to amend the Harbor View Hills Planned Community District Regulations and Development Plan so as to allow for the construction of 48 additional dwelling units. LOCATION: Property located at 1501 Ford Road, adjacent to the easterly,side MacArthur Boulevard, between Ford Road and San Joaquin Hills Road, in the Harbor View Hills Planned Community. ZONE: P-C AND F. Ordinance"No 92-36 (Amendment No 7641 Request to adopt Planned Community District Regulations and Development Plan for Upper Castaways. This request would provide .' for the construction of 151 dwelling units. LOCATION: Property located at 900 Dover Drive, on the southeasterly side of Dover Drive between Westcliff Drive and West Coast Highway. ZONE: P-C AND G. Ordinance No 92-37 (Amendment No. 765) i Request to adopt Planned Community District Regulations and Development Plan for Newporter North/Newporter Knoll. This request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll. LOCATION: Property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort. ZONE: P-C AND TO: City f0ouncil =3. • i H. Amendment No. 766 • Request to amend the North Ford Planned Community District Regulations and Development Plan so as to allow for the construction of 300 additional dwelling units. LOCATION: Property located at 3200 University Drive, on the northeasterly corner of Jamboree Road and University Drive South, in the North Ford Planned Community. ZONE: P-C AND T Ordinance No 92.38 (Amendment No 767) Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. • restaurant or a 40;000 sq.ft. athletic club. LOCATION: Property located at 951 Back'Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. ZONE: Unclassified AND J. Ordinance No. 92-39 (Amendment No. 768) Request to amend portions of Districting Maps No. 44 and 66 so as to reclassify property from the U (Unclassified) District to the P-C (Planned Community) District. The proposal also includes a iequest to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use of the subject property. • LOCATION: Property located at 3600 Jamboree Road,bounded by Jamboree Road, MacArthur Boulevard and SR 73, and property known as San Diego Creek North located at 3500 Jamboree Road, bounded by the San Diego Creek, Jamboree Road and SR 73. ZONE: Unclassified TO: City Council - 4. AND K. Amendment No. 769 Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction of 245 dwelling units or senior citizen housing. LOCATION: Property located at 855 San Clemente Drive; on the southeasterly corner of San Clemente Drive and Santa Barbara Drive, in Block 800 of Newport Center. ZONE: P-C AND L. Ordinance No 92-40 (Amendment No. 770) Request to amend a portion of Districting Map No. 48 so as to reclassify property from the O-S (Open Space) and Unclassified Districts to the P-C District. Also requested is the adoption of • Planned Community District Regulations and Development Plan for the Corporate Plaza West Planned Community. This request would allow for the construction of an additional 94,000 sq.ft. of office development (115,000 sq.ft. total). LOCATION: Property located at 1050 Newport Center Drive, on the northwesterly corner of East Coast Highway and Newport Center Drive, across from the Corporate Plaza Planned Community. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant AI)Wications The various applications under consideration are part of the Circulation Improvement and Open Space Agreement (CIOSA). If approved, the CIOSA will provide vested entitlement for eight sites owned by The Irvine Company (TIC) throughout the City of Newport Beach. Additionally,three sites currently owned by TIC will be zoned and dedicated for open space and public facility use. Guidelines for General Plan Amendments are contained in City Council Policy Q-1. Regulations regarding the adoption of Development Agreements are contained in Chapter 15.45 of the Newport Beach Municipal Code. Regulations regarding TO: City Council - 5. • the approval of Traffic Studies are found in Chapter 15.40 of the Newport Beach Municipal Code and in Council Policy S-1. Regulations regarding Amendments are in Chapter 20.84, • and procedures for the adoption and amendment of Planned Communities are in Chapter 20.51 of the Code. Suuppested Action Hold hearing, close hearing; if desired a. Adopt Resolution No. 92- accepting, approving and certifying Final Environ- mental Impact Report No. 148; b. Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; C. Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; • d. With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be miti- gated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Considerations are acceptable; e. Adopt the Mitigation Monitoring program; f. Adopt Resolution No. 92- , amending the Land Use Element of the Newport Beach General Plan for the Bayview Landing site; g. Adopt Resolution No. 92- , amending the Local Coastal Program, Land Use Plan for the Bayview Landing site; h. Reintroduce Ordinance No. 92-35 ' and pass to second reading on September 14, 1992, being • AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR THE CIRCULATION IMPROVE- MENT AND OPEN SPACE AGREEMENT (DEVELOPMENT AGREEMENT NO. 6) TO: Cityyqouncil - 6. i. Sustain the action of the Planning Commission and approve Traffic Study No. 82 subject to the conditions imposed by the Commission; j. Adopt Resolution No. 92- , adopting an amendment to the Harbor View Hills • Planned Community; k. Reintroduce Ordinance No. 92-36 . and pass to second reading on September 14, 1992, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED-COMMU- NITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR UPPER CASTAWAYS (PLANNING COMMISSION AMENDMENT NO 764) 1. Reintroduce Ordinance No. 21-37 . and pass to second reading on September 14, 1992, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMU- NITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR NEWPORTER NORTH/NEWPORTER KNOLL (PLANNING COMMISSION AMENDMENT NO. 765) In. Adopt Resolution No. 92- , adopting an amendment to the North Ford Planned Community; n. Adopt Ordinance No. 92-38 • being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE-ZONING THE PROPERTY COMMONLY KNOWN AS BAYVIEW LANDING FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPT- ING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR BAYVIEW LANDING (PLANNING COMMISSION AMENDMENT NO. 767) o. Adopt Ordinance No. 92-39 , being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE-ZONING THE PROPERTIES COMMONLY KNOWN AS SAN DIEGO CREEK NORTH AND JAMBOREE/MAC ARTHUR FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING TO: City�ouncil - 7. • PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR SAN DIEGO CREEK • NORTH-JAMBOREE MAC ARTHUR (PLANNIN COMMISSION AMENDMENT NO 768) p. Adopt Resolution No. 92- , adopting an amendment to the Block 800 - Newport Center Planned Community; q. Adopt Ordinance No. 92-40 , being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE-ZONING THE PROPERTY COMMONLY KNOWN AS CORPORATE PLAZA WEST FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGU- LATIONS AND DEVELOPMENT PLAN FOR CORPO- RATE PLAZA WEST (PLANNING COMMISSION AMENDMENT NO. 770) • Background On November 27, 1989, the City Council adopted Resolution No. 89-136 establishing the Circulation Buildout City Council Ad Hoc Committee. This Committee was established to work with The Irvine Company(TIC) and City staff in the development of a comprehensive approach to entitlement of certain undeveloped TIC properties consistent with the General Plan in association with the establishment of a funding mechanism for the construction of important components of the circulation system. Through the course of these discussions, a program of open space and public facility dedications was identified. The agreement is, therefore, called the Circulation Improvement and Open Space Agreement, and consists of three major components: 1. The entitlement of seven sites owned by The.Irvine Company in the City of Newport Beach at a level equal to or less than the General Plan Land Use Element allocation. One site, Bayview,Landing, will be entitled in such a way as to allow for the construction of senior citizen housing with a transfer of retail commercial to Fashion Island in addition to uses currently allowed in the General Plan. The sites • proposed for vesting entitlement are: Upper Castaways, Bayview Landing, Newporter Resort, Newporter North, Corporate Plaza West, Block 800 (Newport Center), San Diego Creek South and Freeway Reservation East. Two sites would be zoned for open space uses: Newporter Knoll and Jamboree/MacArthur. One site, San Diego Creek North will be zoned for open space and/or public facility uses. 2. Advance funding of circulation system improvements through the prepayment of Fair Share Fees, the commitment to frontage improvements, and the advance of TO: Citytuncil - 8. additional funds, with a total commitment of $20.6 million plus an additional $500,000 for MacArthur Boulevard improvements in the City of Irvine. Funds loaned to the City (the advance) would be interest free, and would be paid back to TIC . through a return of 50% of Fair Share Fees collected by the City for a twenty year term. If the advance of funds is not completely paid after twenty years, the remainder of the debt would be forgiven. 3. The dedication to the City of land for park, open space, and public facility uses. Three entire sites would be dedicated: Newporter Knoll, San Diego Creek North and Jamboree/MacArthur. Substantial portions of five additional sites would also be dedicated: Upper Castaways, Bayview Landing, Newporter North, San Diego Creek South and Freeway Reservation East. No dedication would occur on Corporate Plaza West, Block 800 - Newport Center or the Newporter Resort sites. The dedication of the portion of the Newport Village site from the new central library site to San Miguel Road is also provided for in the agreement. The agreement under consideration is a development agreement to be adopted pursuant to Chapter 15.45 of the Newport Beach Municipal Code. The agreement sets forth the legal framework, requirements and obligations of both parties to achieve the entitlement (for TIC), and the land dedication and circulation funding (for the City). One item of interest is the effective date of the agreement. In this case, the effective date is not the date of approval, but is the first date upon which all of the following have occurred; 1) final • approval by the California Coastal Commission;2) the CEQA challenge period has expired or, if a lawsuit is filed, a final judgement upholding the agreement has been entered; and 3) the City has issued a grading or building permit for development of the property other than potential senior citizen housing development on Bayview Landing, development on the southerly parcel of Freeway Reservation East, senior housing development on Block 800 or hotel development on the Newport Resort. The agreement does make provisions for the City to make use of the circulation funds prior to the effective date of the agreement if certain conditions are met. The agreement can be terminated if any county, state or federal law,rule,regulation or plan precludes compliance with one or more provisions of the agreement. The agreement may also be terminated if either party defaults on their obligations pursuant to the agreement. If the Company elects termination of the agreement upon default by the City, there are provisions for repayment of circulation funds paid to the City pursuant to the agreement. It is important to understand that this provision could be a substantial General Fund obligation, in that the obligation is based upon the development remaining and shall be repaid in four years. Planning Commission Action On June 18, 1992, the Planning Commission recommended approval to the City Council a series of actions which comprise the Circulation Improvement and Open Space Agreement. On August 6, 1992, the Planning, Commission recommended approval of General Plan TO: Citylouncil - 9. • Amendment 92-2(C) and Local Coastal Program Amendment No.28, which are the follow- up actions necessary to enact the Planning Commission recommendation in regards to • Bayview Landing. A copy of the Planning Commission staff reports and.excerpts of the Planning Commission minutes are attached for the information of the City Council. Discussion The Planning Commission staff reports contain the detailed analysis of this project. Two issues were raised at the Planning Commission hearings which are discussed below. A proposed change to the PC Text for Harbor View Hills - Freeway Reservation East is also discussed as a result of a comment received on the Environmental Impact Report. Bluff Top Setbacks for Castaways and Newporter North. In their request for approval for the Planned Community texts for the Castaways and Newporter North sites, The Irvine Company has requested to be allowed to encroach up to 20 feet into the required 40 foot bluff top set back zone. This would allow for the placement of a fill slope in the set back area so that the adjoining residential area can be raised up to 10 feet above the bluff top public access area. The Planning Commission approved a slope encroachment of up to 10 feet with the adjoining community association maintaining the slope. The staff position is that a minimum of 40 feet should be maintained for the bluff top set back for both • geological and public use concerns that warrant the widest possible set back. Subsequent to the Planning Commission meeting, staff and The Irvine Company have met to further discuss the issue of encroachment into the 40 foot set back area. As a result of these discussions, The Irvine Company has changed its position, and is no longer seeking an encroachment into the bluff top set back. The required revisions have been incorporated into the PC Texts for Castaways and Newporter North (attached) and the suggested action includes the necessary reintroduction of the Ordinances. Site Design Issues/Newport Harbor Lutheran Church. The Planning Commission received considerable testimony from persons associated with the Newport Harbor Lutheran Church. Primary areas of concern are the interface of the residential development with the Church, operational conflicts between the Church and the parks, and the provision of parking for both parks as well as the Church. Conceptual plans for this area have been prepared by both The Irvine Company and the Church. It is important to note that precise site plans have not been developed for these sites. The zoning documents will not preclude implementation of any of the concepts. • Resolution of these considerations will occur at the time of approval of the Site Plan Review. One issue which the City Council may wish to address is the possibility of direct access to the bluff top trail system on the Castaways site from 16th Street. While direct access is not precluded by the zoning document, it'is not required. If the City Council wishes to mandate direct access to the bluff park from 16th Street,the requirement should be incorporated into the P-C Text at this time. TO: Cityluncil - 10. • Additional Requirement for Freeway Reservation East-South Parcel. A concern was raised by a resident of the Harbor View Hills area regarding potential changes to the noise environment which could result from the construction of the southern portion of the Freeway Reservation East site adjacent to Newport Hills Drive West. Specific concerns were raised concerning the removal of an existing berm and the construction of residences in that area between existing homes and MacArthur Boulevard. While no potential mitigable impact was identified in the Environmental Impact Report, The Irvine Company has agreed to the imposition of an additional condition on this future subdivision,as follows: "Concurrent with submittal of plans for site plan review for the southern portion of the Freeway Reservation East site, the project applicant shall submit to the City an accoustical barrier analysis(prepared by a City-approved acoustical engineer) which demonstrates that the proposed building designs result in optimal sound attenuation for the existing homes along Newport Hills Drive West, taking into consideration the anticipated layout of the site plan.lt The purpose of this requirement is to assure existing residents in the area that the design of the structures will optimize the noise reduction which will result from the construction of the new residences. This is similar to a requirement placed on Hoag Hospital for its loading dock area. The additional language has been incorporated into the PC Text for Amendment No. 763 attached to this report. Revisions to Development Agreement Text. The Office of the City Attorney has indicated a need to make certain revisions to the text of the Development Agreement. The changed text will be transmitted to the City Council in a separate staff report from the City Attorney. The suggested action includes the necessary reintroduction of the Ordinance. Respectfully submitted, PLANNING DEPARTMENT JANES D. HEWICKER, Director By . Patricia L. Temple I Advance Planning Manager • Attachments: 1. Planning Commission minutes of June 18 and August 6, 1992 2. Planning Commission staff reports of June 18 and August 6, 1992 TO: City Council - 11. 3. Draft Resolution Certifying Environmental Impact Report No. 148 with Exhibit 1: Statement of Facts and Findings and • Exhibit 2: Statement of Overriding Considerations 4. Mitigation Monitoring Program 5. Draft Resolution - General Plan Amendment 92-2(C) 6. Draft Resolution- Local Coastal Program Amendment No. 28 7. Revised Ordinance No. 92-35 - Development Agreement No. 6 (Attached to City Attorneys staff report) 8. Findings and Conditions for Approval - Traffic Study No. 82 9 . Draft Resolution - Amendment No. 763 - Harbor View Hills PC (Revised) 10. Revised Ordinance No. 92-36 - Amendment No. 764 - Upper Castaways PC 11. Revised Ordinance No. 92-37-Amendment No. 765 -Newporter North/Newporter Knoll PC 12. Draft Resolution - Amendment No. 766 - North Ford PC 13. Ordinance No. 92-38 - Amendment No. 767 - Bayview Landing PC 14. Ordinance No.92-39-Amendment No.768-Jamboree/MacArthur-San Diego Creek North PC 15. Draft Resolution - Amendment No. 769 - Block 800 PC 16. Ordinance No. 9240 - Amendment No. 770 - Corporate Plaza West PC 17. Correspondence • 18. Final Environmental Impact Report 148 - Addendum and Response to Comments (attached separately) PLT.CC\DA\DAUR3 • CITY OF NEWPORT BEACBO CODICIL MEMBERS MINUTES July 27, 1992 ROLL CRLL i INDEX (d) PROPOSED ORDINANCE N0. 92-38, Ord 92-38 being, Bayview IL Lan AN ORDINANCE OF THE CITY COUNCIL PCAding 767 OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE-ZONING (94) '.THE PROPERTY COMMONLY KNOWN AS BAYVIEW LANDING FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT GUL&TIONS AND DEVELOPMENT PLAN R BAYVIEV LANDING (Planning C ission Amendment No. 767); AND (a) PROPO ORDINANCE NO. 92-39, Ord 92-39 being, SDiego Crk- No-Jambre AN ORDIN CE OF THE CITY COUNCIL MacArthr OF THE TY OF NEWPORT BEACH PCA 768 ADOPTING AMENDMENT RE-ZONING THE PROPERT S COMMONLY KNOWN AS (94) SAN DIEGO CREEK NORTH - AND JAMBOREE, , FROM THE U DISTRICT' TO P-C (PLANNED COMMUNITY) DIS CT AND ADOPTING PLANNED CO TY DISTRICT REGULATIONS AND D LOPMENT PLAN FOR SAN DIECO CREEK ORTH-JAMBOREE MAC ARTHUR (Plannin Commission Amendment No. 768); AND (fy PROPOSED ORDINANCE N0. 92-40, Ord 92-40 being, Corp Plaza West AN ORDINANCE OF THE CITY CO CIL PCA 770 OF THE CITY 'OF NEWPORT B CH (94) ADOPTING. AN AMENDMENT RE-ZON G ,THE PROPERTY COMMONLY KNOWN 'CORPORATE PLAZA WEST FROM THE DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR CORPORATE PLAZA WEST (Planning Commission Amendment No. 770). Motion x 12. Report from the Planning Department All Ayes recommending certain items be scheduled for public hearing on August 10, 1992; and upon recommendation of the staff, motion was made to schedule the following for public hearing on August 24, 1992, rather than August 10: A. TRAFFIC STUDY NO. 82 - Request to Trfc Stdy approve a traffic study consistent No. 82 with the provisions of Chapter (94) ' 15.40 of the Newport Beach Municipal Code for eleven sites addressed in the Circulation Improvement and Open Space Agreement, and acceptance of an environmental document; AND Volume 46 - Page 241 C I TX OF NEWPORT BEACH* CODICIL MEMBERS MINUTES N\1 July 27, 1992 ROLL CRLL INDEX B. AMENDMENT NO. 763 - Request to Harbor Vu amend the Harbor View Hills Hills PCD Planned Community District PCA 763 Regulations and Development Plan (94) so as to allow for the construction of 48 additional dwelling units; AND C. AMENDMENT NO. 766 - Request to N/Ford PCD amend the North Ford Planned PCA 766 Community District Regulations and (94) Development Plan so as to allow for the construction of 300 additional dwelling units; AND D. AMENDMENT NO. 769 - Request to Blck 800 amend the Block 800 Planned Sr Citz Community District Regulations and Housing Development Plan so as to allow PCA 769 the construction of 245 dwelling (94) units for senior citizen housing. Motion x 3. Report from the Planning Department GPA 92-2 All Ayes recommending the public hearing for (45) General Plan Amendment No. 92-2 (Bayview Sanding) be scheduled on August 10, 1992; and upon recommendation of the taff, motion was made to schedule blie hearing on August 24, 1992, r her than August 10 for the following: Gene 1 Plan Amendment No. 92-2 (Bayview Laud ) - Request of The Irvine Company to ame d the Land Use Element of the Newport each General Plan and the Local Coastal ogram Land Use Plan to allow for an op ional permitted land use of affordable enior citizen housing on the Bayview Land ng site in association with the transfer 30,000 sq. ft. of retail commercial ant lament to Fashion Island in Newport Gent I. Report from the Parks, Beaches and Recreation Depar ant recommending introduction of; Proposed ORDINANCE NO. -41, being, rd 92-41 B&R AN ORDINANCE OF CITY COUNCIL (62) OF THE CITY OF UPORT BEACH AMENDING SECTION 11.04 BY ESTABLISHING TIME TS ON THE USE OF PUBLIC OUTDOOR &ETBALL COURTS. It was recommended by staff the Item (f) of the proposed ordi nee, concerning Prohibited Conduct, be revised to read: "Play basketball on any outdoo public basketball court between sundown and 8:00 a.m." Motion x Notion was made to introduce, as All Ayes revised, Ordinance No. 92-41, and pass to second reading on August 10, 1992. volume 46 - Page 242 • City CouncilMeeting July 27, 1992 Agenda Item No. 12 CITY OF NE"ORT BEACH TO: Mayor and Members of the City Council FROM: Planning Department64 SUBJECT: A. Traffic Study No. 82 Request to approve a traffic study consistent with the provisions of Chapter 15.40 of the Newport Beach Municipal Code for eleven sites addressed in the Circulation Improvement and Open Space Agree- ment, and the acceptance of an environmental document. AND B. Amendment No. 763 Request to amend the Harbor View Hills Planned Community District Regulations and Development Plan so as to allow for the construction of 48 additional dwelling units. LOCATION: Property located at 1501 Ford Road, adjacent to the easterly side MacArthur Boulevard, between Ford Road and San Joaquin Hills Road, in the Harbor View Hills Planned Community. ZONE: P-C AND C. Amendment No. 766 Request to amend the North Ford Planned Community District Regulations and Development Plan so as to allow for the construction of 300 additional dwelling units. LOCATION: Property located at 3200 University Drive, on the northeasterly corner of Jamboree Road and University Drive South, in the North Ford Planned Community. ZONE: P-C AND D. Amendment No. 769 Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction of 245 dwelling units or senior citizen housing. TO: City Council - 2. LOCATION: Property located at 855 San Clemente Drive, on the southeasterly corner of San Clemente Drive and Santa Barbara Drive, in Block 800 of Newport Center. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant Applications The various applications under consideration are those which are part of the Circulation Improvement and Open Space Agreement (CIOSA) and do not require the adoption of an Ordinance. Related zoning actions which are adopted by Ordinance are introduced and scheduled for public hearing on this agenda (See Agenda Item Lj H approved, the CIOSA will provide vested entitlement for eight sites owned by The Irvine Company (TIC) throughout the City of Newport Beach. Additionally,three sites currently owned by TIC will be zoned and dedicated for open space and public facility use. Regulation regarding the approval of Traffic Studies are found in Chapter 15.40 of the Newport Beach Municipal Code and in Council Policy S-1. Regulations regarding Amendments are in Chapter 20.84, ' and procedures for the amendment of Planned Communities are in Chapter 20.51 of the Code. Suggested Action If desired, schedule Traffic Study No. 82, Amendments No. 763, 766 and 769, and the Environmental Document for public hearing on August 10, 1992. Planning Commission Recommendation At its meeting of June 18, 1992, the Planning Commission voted (all ayes) to recommend approval of these items to the City Council. Copies of the staff report and an excerpt of the minutes of the Planning Commission meeting will be forwarded at the time of the City Council hearing. Respectfully Submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Patricia L. Temple Advance Planning Manager PL1'...DA\1W SR1 dOMMISSIONERS ATTACHMENT la June 18, 1992 MINUTES O% 0 \ CITY OF NEWPORT BEACH CALL 1NOEX 15. That the applicant shall agree that the proposed development will not increase the need for on-street parking ng Newport Boulevard and that the applicant agrees not to ntest the removal of parking for the restriping of Newp Boulevard on the grounds of loss of on-street parking. 16. That Coastal mmission approval shall be obtained prior to the issuance o uilding permits or occupancy of the take- out restaurant faci 17. That the Planning Co fission may add to or modify conditions of approval to t ' use permit, or recommend to the City Council the revocati of this use permit upon a determination that the operatio hich is the subject of this amendment causes injury, or iS de imental to the health, • safety, peace, morals, comfort, or g eral welfare of the community. 18. That this use permit shall expire unless exer ' ed within 24 months from the date of approval as specifie ' Section 20.80.090 A of the Newport Beach Municipal Co . 19. That the proposed floor plan shall be redesigned so tha e customer waiting area shall not exceed approximately 3 sQuare feet in area, A Development Agreement No 6 (Continued Public Hearing) Item No.3 Request to adopt a Development Agreement for the Circulation Develop. Improvement and Open Space Agreement for eleven sites in the Agree. City of Newport Beach. The proposal also includes the acceptance No. 6 of an environmental document. • AND B. Traffic Study No 82 Continued Public Hearing) TS No. 82 Regt1. '*o approve a traffic study consistent with the provisions of Chapt615.40 of the Newport Beach Municipal Code for eleven -10- z 000 42 • June 18, 1992 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH CALL INDEX i sites addressed in the Circulation Improvement and Open Space Agreement. AND C. Amendment Nn, 763 (Continued Public Heariw amend. No. 763 Request to amend the Harbor View Hills Planned Community District Regulations and Development Plan so as to allow for the (Res. construction of 48 additional dwelling units. 1300) LOCATION: Property located at 1501 Ford Road, adjacent to the easterly side MacArthur Boulevard, between Ford Road and San Joaquin Hills Road, in the Harbor View Hills Planned Community. • ZONE: P-C AND D. Amendment No 764 (Continued Public Hearing) Amend. No. 764 Request to adopt Planned Community District Regulations and (Res. Development Plan for Upper Castaways. This request would 1301) provide for the construction of 151 dwelling units. LOCATION: Property located at 900 Dover Drive, on the southeasterly side of Dover Drive between the Westcliff Drive and West Coast Highway. ZONE: P-C AND • E. Amendment (Continued i Hearing) Amend. No.d Request to adopt Planned Community District Regulations and (Res Development Plan for Newporter North/Newporter Knoll. This 1302) request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll. -11- 00013 •COMMISSIONERS June 18, 1992 MINUTES 0 CITY OF NEWPORT BEACH, ROLL CALL INDE LOCATION: Property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort. ZONE: P-C AND F. Amendment No 766 (Continued Public Hearing) Amend. No. 766 Request to amend the North Ford Planned Community District Regulations and Development Plan so as to allow for the (Res' No. 1303) construction of 300 additional dwelling units. LOCATION: Property located at 3200 University Drive, on .the northeasterly corner of Jamboree Road and University Drive South, in the North Ford Planned Community. ZONE: P-C AND G. Amendment No 767 (Continued Public Hearing) Amend. No. 767 Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P-C (Res. District. Also requested is the adoption of Planned Community No. 1304) District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. restaurant or a 40,000 sq.ft. athletic club. LOCATION: Property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. ZONE: Unclassified AND -12- '00014 COMMISSIONERS June 18, 1992 MINUTES CITY OF 'NEWPORT BEACH CALL INDEX H. Amendment No 768 (Continued Public Hearine) amend. No. 768 Request to amend portions of Districting Maps No. 44 and 66 so as to reclassify property from the U (Unclassified) District to the (Res. P-C (Planned Community) District. The proposal also includes a No. 1305) request to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use of the subject property. LOCATION: Property located at 3600 Jamboree Road, bounded by Jamboree Road, MacArthur Boulevard and SR 73, and property known as San Diego Creek North located at 3500 Jamboree Road, bounded by the San Diego Creek, Jamboree Road and SR 73. • ZONE: Unclassified AND I. Amendment No. "V (Continued Public Hearing) amend. _ i No. 769 Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction (Res. of 245 dwelling units or senior citizen housing. No. 1306) LOCATION: Property located at 855 San Clemente Drive, on the southeasterly corner of San Clemente Drive and Santa Barbara Drive, in Block 800 of Newport Center. ZONE: P-C AND Amend. • J. AmendmentN (Continued PubliF Hearing) No. 770 Request to amend a portion of Districting Map No. 48 so as to (Res. reclassify property from the O-S (Open Space) and U No. 1307) (Unclassified) Districts to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for the Corporate Plaza West Planned -13- I - - COMMISSIONERS • June 18, 1992 MINUTES 9i� •d� CITY OF NEWPORT BEACH ROLL CALL lNOE Community. This request would allow for the construction of an additional 94,000 sq.ft. of office development (115,000 sq.ft. total). LOCATION: Property located at 1050 Newport Center APPROVED Drive, on the northwesterly corner of East Coast Highway and,x wport Center Drive, across from the C ,orate Plaza Planned Community. ZONE: P-C APPLICANT. The Irvine Company, Newport Beach OWNER: Same as applicant Ms. Patricia Temple, Advance Planning Manager, stated that the subject project consists of a comprehensive set of applications to provide entitlement for remaining undeveloped sites in the City owned by The Irvine Company. The details of the Development Agreement are the result of discussions between The Irvine Company and an AdHoc Committee of the City Council formed for the purpose of developing the terms of the Agreement for .consideration by the City. The Agreement was originally drafted by The Irvine Company;however, it is now the product of the City Attorney With substantial input by The Irvine Company. The three components of the Agreement include the Circulation System Funding Program; an Open Space Dedication Program; -and the Provision of Vesting of Entitlement. The subject action would constitute final discretionary actions in the Newport Center area which caused staff to raise the issue of dedication of the Newport Village site from the new Central Library site to San Miguel Road. The AdHoc Committee and The Irvine Company determined that the dedication could be accomplished so long as The Irvine Company was given the ability to use a portion of the San Diego Creek North site between the Bayview Drive extension and San Diego Creek for the mitigation of San Joaquin Transportation Corridor impacts. The concept has been incorporated into the Development Agreement. j Ms. Temple addressed the feasibility of expansion of time for the Newport Conservancy to acquire Castaways and Newporter North. The Development Agreement does not address any provisions of -14- 0001G e .COMMISSIONERS June 18, 1992 MINUTES 0 CITY OF NEWPORT BEACH R CALL INDEX time for the purpose. The allowance of time for acquisition is an agreement between The Irvine Company and the Newport Conservancy. The AdHoc Committee removed the time allocation from the Agreement. The City's interest in keeping the issue removed from the Development Agreement is supported by the fact that the dedication of Newport Village is specifically tied to the issuance of Building Permits on either the Upper Castaways or Newporter North, and the City would not want to delay the dedication inordinately. Ms. Temple addressed concerns expressed regarding the widening of Dover Drive to the Master Plan configuration of six lanes. The project includes the grading out of the roadway; however, construction is not currently proposed. The arterial designation is part of the Master Plan of Streets and Highways and also the County Master Plan of Arterial Highways. Inasmuch as the • designation has been on the plans, staff considers the widening as a fronting improvement. The need for the road is not directly related to development above the Castaways; however, it is necessary to assist and accommodate proposed development in the West Newport area and Eastside Costa Mesa. As part of the Traffic Study, the long term need for the improvement was again validated. The arterial designation is necessary to maintain the correlation of the City's Land Use and Circulation Elements of the General Plan that was approved in October, 1988. In addition to the approval of the Circulation Improvement and Open Space Agreement, the development proposed would be vested pursuant to the provisions of the Traffic Phasing Ordinance. The approval will be under the long term comprehensive provisions which allow for the use of the concept of net benefit. The balance of the approvals are the adoption or amendment of eight Planned Community texts which set forth development standards for each site. The standards include height limits, setbacks, parking requirements, landscaping requirements and other typical zoning • requirements. The Upper Castaways,Newporter North,Block 800, and San Diego Creek South will be subject to further discretionary action through the review of the Site Plan Review in addition to Tract Maps if they are proposed. Certain types of development on Block 800, the development on Newporter Resort, and Bayview Landing will require Use Permits. The development on the Freeway Reservation will be subject to Tract Map approval and -15- 00017 COMMISSIONERS • • June 18, 1992 MINUTES ON CITY OF NEWPORT BEACH ROLL CALL I NEW lNOE only Corporate Plaza West would .require no additional discretionary action. In reference to page 12 of the staff report, Ms. Temple stated that the local street setback on the Freeway Reservation site should be corrected to 5 feet instead of 10 feet. In reference to page 13 of the staff report,Bluff top setbacks, Ms. Temple indicated that staff is opposed to the concept of allowing a manufactured slope in the 40 foot property line setback area. If it would be allowed, The Irvine Company would essentially be using 20 feet of the 40 feet publicly owned bluff top area to build up the development area. Staff supports the concept of a grade separation between the park and the development area; however, it should occur on private property. The 4:1 slope option was offered for the Commission to consider if the encroachment is deemed appropriate. Page 17, Suggested Action, Item 5(b) Bayview Landing, Senior Citizen housing with transfer of retail to Fashion Island, Ms.Temple advised that if the action is taken it would include a recommendation to the City Council to initiate a General Plan Amendment. Page 24, Exhibit "N, Mitigation Measure No. 18, Ms. Temple indicated that for Upper Castaways and Newporter North, No grading, stockpile of soils or operation of equipment shall take place within the 40 foot property line setback area established by the Bluff top Setback Ordinance except that necessary for trail establishment and improvements, erosion control, bluff stabilization, orpreparation of the development area. The Newporter North contour reference should be revised to refer to the lessor of 60 feet or a line 100 feet from a formally delineated wetland in John Wayne Gulch. The Mitigation Measure currently refers to a 60 foot contour. In reference to the Planning Community Texts, Ms. Temple stated that where sight distance requirements is referred to, staff is requesting to add the phrase unless otherwise approved by the City Traffic Engineer. Staff has requested that driveway lengths for attached residential units be corrected from 20 feet to 18 feet if a roll-up door is installed subject to approval of the City Traffic -16- 00018 June 18, 1992 . MINUTES COMMISSIONERS CITY OF NEWPORT BEACH CALL INDEX Engineer. The references to parkstrip should be corrected to parkway. In reference to the Bayview Landing PC, add to the condition regarding the screening of mechanical equipment screening for the view park area in addition to residential areas and roadways In the San Diego Creek South PC, alter the exhibit so that the full width of the San Joaquin Hills Transportation Corridor is clearly delineated on the Land Use exhibit. Robin Flory, Assistant City Attorney, referred to Ms. Temple's foregoing comments regarding the bluff top setbacks wherein she indicated that there are concerns regarding the slope's stability and the affect of the additional buildup of the pad that may cause instability to the slope. There is potential liability to the City with respect to slope failure and the area of the slope that is instable would probably be public property. • Commissioner Edwards addressed the Development Agreement whereby he determined that The Irvine Company could not increase development at any time after the adoption of the Agreement. Ms. Flory concurred with the foregoing statement. Commissioner Edwards asked if the Newport Conservancy or another interested party would acquire the property, would The Irvine Company be able to come back to the City for increased expansion of the remaining parcels? Ms. Flory explained that the Development Agreement handles the sale of any parcels of the property and makes subsequent purchasers of the property subject to the terms of the Agreement. The Irvine Company would be bound by whatever parcels they maintain without increased expansion. In response for clarification of the 4:1 slope,Ms.Temple concurred with Commissioner Edwards that if the 40 foot setback is maintained, then the 4:1 slope would not be necessary. In response to a question posed by Commissioner Edwards, Ms. • Temple referred to Bayview Landing Planned Community text, Page 4, Item No.3, Screening,whereby she explained that the item has been modified to read all mechanical appurtenances on building rooftops and utility vaults shall be screened from street level view, pedestrian area views at the proposed view park, and from nearby residential uses in a manner compatible with the building materials. -17- 00019 COMMISSIONERS • June 18, 1992 MINUTES 0 CITY OF NEWPORT BEACH ROLL CALL INOE In response to a question posed by Commissioner Gross, Ms. Temple explained the Bluff top Ordinance. The bluff top setback provisions in the Planned Community District of the Zoning Ordinance require setbacks from bluffs. The minimum setback is determined to be the most conservative of one of two cases: 40 feet from top of slope or a projection of a line at 2:1 slope from the existing too of slope, whichever one is the greatest distance. Commissioner Glover requested a clarification of the changes to Mitigation Measure No. 18 as previously stated by Ms. Temple. Ms. Temple explained that the existing,condition would not allow The Irvine Company to put any object in the 40 foot setback area during development. The intent of the condition when it was written was to preclude anyone from stockpiling soil in such a manner that it would erode down the bluff face. The suggested change would allow the developer to utilize the setback area for equipment and/or grading within the bluff top area within the 40 foot setback during construction. The commonly accepted buffer area from wetlands is normally 100 feet; however, the biologist selected a 60 foot contour because it would be readily definable. There is not a wetlands delineation study completed'for the site. The modified condition would require the 60 foot contour unless The Irvine Company provides the City with a formal delineation in which case The Irvine Company could use the 100 foot setback or 60 foot contour, whichever is less. Commissioner Glover addressed the Circulation Improvement and Open Space Agreement, page 9 (c), regarding an amendment to the Fair Share Ordinance, and the affect that the amendment would, have on the small developer. Don Webb, City Engineer, explained that the City was going to keep the Fair Share Ordinance essentially the way it is written. The City would review the projects at the end of the pipeline to determine if there would be sufficient funds within the program to complete the system. There may be situations where the fees would need to be adjusted. 'It would not be a disadvantage to any particular property owner. • Commissioner Glover requested a clarification of Ms. Flory's foregoing comments regarding the City's liability concerning the manufactured slopes. Ms. Flory explained that the City has a liability under the condition of public property. If The Irvine Company increased the slope over the portion of property .18. 000 :!0 COMMISSIONERS June 18, 1992 MINUTES ' 0 CITY OF NEWPORT BEACH CALL INDEX considered public property, in the event of slope failure or any problems that result because of the excess weight over the unstable section, then if there would be any injuries or resulting damage there would be a potential for the City to be liable because it would be public property. The private property vs. the public property are inter-connected. Discussion ensued between Commissioner Glover and Ms. Flory with respect to the affect the 20 foot setback would have on the slope. Don Webb, City Engineer, stated that when the City adopted the Bluff top Ordinance it was determined that since the Grading Ordinance established 2:1 slope as the maximum slope that would be allowed in grading of fills and materials, that it would be an appropriate slope for the coastal bluffs that are adjacent to the area, and the City did not want any houses or construction closer to the top of slope than the 2:1 slope, starting at the bottom going to the top. In situations where there is a coastal bluff,the City determined that . if the slope is closer to 2:1 that the City did not want anything closer than 40 feet to the top of slope. The Irvine Company has requested to go into the 40 foot setback area by at least 20 feet, and the City believes that it is closer to the top of slope that is potentially going to erode in the future. The development may inadvertently cause problems due to the increased moisture because of landscaping in the area and may affect the existing slopes that have been dry for many years. The City is concerned that the 40 feet be maintained free of any surcharge, and it allows the City more room to permit public uses. If there would be an additional slope in the 40 foot area, then there would be drainage that would be concentrated at the toe of slope which is closer to the edge than the City would desire. Discussion ensued between the Planning Commission and staff regarding the public and private slope area. Mr. Webb stated that a concern would be if the trail system is installed in the 20 foot area inasmuch as the system would have to be at least 12 feet wide. The trail would have to be paved and it would have to be able to • support police vehicles, a fire engine, the street sweeper, and landscape maintenance vehicles. It is feasible that the vehicles would be within 4 feet of the top of slope,not leaving enough room for what the City would consider a safe area; therefore, 40 feet is needed to provide for the foregoing needs. Mr. Webb further explained that a 4:1 slope would mean that the trail system would have to be constructed in the 4:1 area to make it feasible, and that -19- 000 1 COMMISSIONERS • June 18, 1992 MINUTES d O%\V\ CITY OF NEWPORT BEACH ROLL CALL INOE would eliminate a portion of the vertical separation The Irvine Company is attempting to establish. Problems would be created in trying to fit the public use in an area that is dedicated for public use. If the trail would be developed in the 4:1 area it may be necessary to construct a retaining wall at the end of the trail. In response to a question posed by Commissioner Edwards, 'Mr. 'Webb explained that the Master Plan of Bikeways indicates a bike trail in addition to pedestrian uses, and the bike trail needs to be paved inasmuch as there is a need for a combination maintenance access road and bike trail. In response to a comment posed by Commissioner Edwards with respect to maintaining the dedicated area as open space, Mr. Webb explained that it has always been anticipated that the area would be a corridor that would be used for public access, and a trail system is a permitted use as open space. The public hearing was opened in connection with this item. Mr. Raymond Watson, 2501 Alta Vista Drive, Vice-Chairman of The Irvine Company, appeared before the Planning Commission. In response to a question posed by Chairman Di Sano, Mr. Watson replied that he had no objections to the findings and conditions for approval in Exhibit "A". Mr. Watson addressed the foregoing concerns regarding the bluff top. He stated that the idea is to dedicate the bluff top so that it is usable by the public, and The Irvine Company does not want to do anything that would interfere with that purpose. Mr. Watson reviewed his experiences with The Irvine Company over the past 30 years.He indicated that he had suggested that The Irvine Company group the Company's remaining undeveloped properties and submit the project to the City for action for the purpose of future planning for the two institutions. He stated that the advantage to the City is to review the project in a comprehensive fashion, and the advantage to The Irvine Company is to be able to plan for the future. As an incentive to reach a . contract The Irvine Y Com an has offered funds over and above Company what is required by the developments and the funds would be used at the discretion of the City for whatever traffic improvements the City needs. The alternative would be to continue with the same program that The Irvine Company previously has done which is to -20- 000 ',z COMMISSIONERS June 18, 1992 MINUTES CITY OF NEWPORT BEACH CALL INDEX take one project 'at a time, and to come to the City without a Development Agreement. The Irvine Company would submit the piecemeal or collective projects in accordance with the General Plan. If the City does not approve the subject application, The Irvine Company would not have an incentive to provide additional funds and would provide only the required funds. Mr. Watson concluded that The Irvine Company met with a wide variety of groups over the past two years.He stated that plans were adjusted throughout the two years to accommodate the views of the public, and at the same time the Company tried to preserve a developable piece of property. He stated that after the public hearings and public comments that both parties will decide whether or not to proceed. Some members of the community would like to acquire some of the properties for open space wherein he stated that The Irvine Company has no objection to the request;however, • the Company is asking for some certainty of time for the benefit of all of the parties. In response to a question posed by Commissioner Edwards, Mr. Watson confirmed that the package that is being presented provides for less development than otherwise would be allowable under the present General Plan. Mr. Tom Redwitz, Vice President of Land Development, Irvine Pacific, appeared before the Planning Commission. Mr. Redwitz distributed booklets that gave an overview of the slide presentation regarding the proposed Circulation Improvement and Open Space Agreement. Mr. Redwitz stated that subsequent to the adoption of the General Plan in 1988, a City Council Adhoc Committee was formed to discuss a comprehensive planning program with The Irvine Company. He stated that in addition to the discussion with the City, The Irvine Company bad many discussions with community groups to build a consensus on their plans. The following presentation is a reflection of the plans and compromises • over the past 2-1/2 years, including presentations to over 35 community groups. The primary goals of the Agreement under the City's goals were to implement the objectives of the General Plan for circulation system improvements and open space dedications, and to provide community benefits earlier and to a greater extent than with -21- 000 ., 3 COMMISSIONERS 0 0 June 18, 1992 MINUTES d 0%\\ CITY OF NEWPORT BEACH ROLL CALL IND "piecemeal" planning. The Irvine Company goals were to define their conceptual plans for the undeveloped sites and to establish financial and'open space commitments. Mr. Redwitz indicated that The Irvine Company represents about 23 percent of the future residential growth, and about 8 percent of the future commercial growth allowed under the General Plan. In comparison, on a traffic basis with other projects that are allowed under the General Plan and other outside sources, The Irvine Company represents 7 percent. The key elements of the proposed Agreement are a $21.1 million financial commitment for circulation improvements; 140 acres of open space dedicated to the City; and less development is being proposed than the General Plan allows. If the proposal is adopted, The Irvine Company is committing to pre-pay the Fair Share Fees. The Fair Share Ordinance requires developers to pay road • improvement fees at the time of the Building Permit.The Company will commit to the frontage improvements. In addition, the Irvine Company is proposing to make available to the City an interest free loan, and to make improvements to widen MacArthur Boulevard north of Ford Road to three lanes. The terms•of the loan is that it is interest free and the City is to determine how the funds are going to be spent on the circulation system improvements. The repayment would be from 50 percent of future non-Irvine Company standard Fair Share Fees. If after 20 years the loan is not paid back, it would be forgiven. The General Plan requires approximately 71 acres of open space or 29 percent of the total development open area, and The Irvine Company is proposing approximately 140 acres of open space or 57 percent of the total development open area. 162,000 square feet of office space and 28 units -from the Freeway Reservation site would be' eliminated from the General Plan. Mr. Redwitz addressed the projects as follows: Upper CastawW The General Plan allows for 151 residential • units on 35 acres. The Irvine Company would develop 151 residential units on 26 acres with a density of approximately 5-1/2 units per acre.The balance would be dedicated to the City as open space areas along the bluff top. The development concept would -22- 000r'.4 • June 18, 1992 MINUTES COMMISSIONERS 0� OF NEWPORT BEACH CALL INDEX be similar to the Bluffs project on the east side of the bay and would utilize an internal greenbelt. N=orter North The General Plan allows for 212 residential units on 45 acres. The,Irvine Company would develop 212 residential units on 30 acres.'The balance would be dedicated to the City as open space, and The Irvine Company has agreed to minimize impacts to the wetland area as well as propose land for a bluff top view park along the bluff edge. Nye ✓Porter Knoll The General Plan designates the site for open space and The Irvine Company would dedicate the 12 acres as open space. N=orter Resort The General Plan allows for an additional 68 hotel rooms. There is no plan to construct the additional rooms; • however, The Irvine Company would secure entitlement to build the additional rooms. Jamboree RoadIMacArthur Boulevard The General Plan allows for 50,000 square feet of office space. The Irvine Company would relinquish the 50,000 square feet and dedicate-the site to the City for open space. San Diego Creek North The General Plan allows for 112,000 square feet of office space. The Irvine Company proposes to dedicate the area for open space and public facilities. The General Plan designates the area for a fire station, and a park and ride lot has been considered because of the proximity to the proposed San Joaquin Hills Transportation Corridor. San Diego Creek South The General Plan allows for 300 residential units. The Irvine Company proposes to construct 300 residential units. Open space areas dedicated to the City would be along the San Diego Creek area and Bonita Creek area. • Freeway Reservation The General Plan allows for 76 residential units. The Irvine Company proposes to develop a maximum of 48 residential units on two sites. The lower site would consist of 12 single family detached units off of three cul-de-sacs, and a 30 foot setback is proposed off of Newport Hills Drive to the development area. The northern area would consist of a maximum of 36 single -23- 0 0 0,2.E COMMISSIONERS 0 0 June 18, 1992 MINUTES 1\10mV\N\\ CITY OF NEWPORT' BEACH ROLL CALLIwo INO family detached units, and an open space area would be dedicated to the City. Corporate Plaza West The General Plan allows for 94,000 square feet of office space. The Irvine Company proposes to develop the property consistent with the General Plan. The buildings would be ,compatible with height and scale of other buildings in the lower Newport Center area, or approximately 32 feet in height. Block 800 The General Plan allows for 245 residential units. The Irvine Company is considering a senior life care facility for the site. Bavview Landing The General Plan addresses two sites: the lower pad area allows for 10,000 square feet of restaurant or 40,000 square feet of health club. The Irvine Company proposes to build consistent with the General Plan. The alternative in the Environmental Impact Report addresses a low income senior housing project that The Irvine Company would support. The upper site consists of 11.1 acres and the General Plan considers the area as open space and The Irvine Company would dedicate the area to the City. Nenort Village The General Plan addresses a 10 acre museum site and a Central Library is currently under construction on the site. The balance of the parcel is, designated as Administrative, Professional and Financial with zero entitlement because the site was a part of the Library Exchange Agreement which transferred office entitlement to Civic Plaza. The Irvine Company proposes to dedicate 12.8 acres to the City for open space use. The benefits to the development would be road improvement funding and more open space. The road improvement funding would consist of pre-paying Fair Share Fees and, in combination with other funding, provides a significant source for circulation improvements. It would place the City in a favorable position for outside matching funds. 69 additional open space acres would be • provided that are not included in the General Plan, or 140 total acres, In summary, Mr. Redwitz stated that the proposal consists of 11 sites totaling 246 acres; $21.1 million in financial commitments for circulation system improvements; 140 acres of open space(69 more -24- 000,-.6 COMMISSIONERS • • June 18,. 1992 MINUTES CITY OF NEWPORT BEACH CALL INDEX acres than the General Plan); less development than the General Plan allows; and significant benefits to the City and the Community. Commissioner Gross asked if The Irvine Company was going to make a contribution to maintain the land the Company is dedicating to the City. Mr. Redwitz negatively replied, and he explained that the land contribution significantly reduces the value of the remaining development areas. In response to a question posed by Commissioner Gross,Mr.Redwitz replied that The Irvine Company would request a private community on the Castaways property. In response to a question posed by Chairman Di Sano,Ms.Temple explained that it is the City's practice to assure that the closure of the environmental review period.occurs well in advance of the time • the EIR is certified, and the City Council is the body that certifies the EIR. The Planning Commission public hearings are provided as an additional forum for individuals to make comments on the EIR verbally, and the comments would be responded to accordingly. It is a practice that is allowed by the Environmental Quality Act. Commissioner Glover addressed the Castaways property and the dedicated land on the bluff top. She indicated that she had determined that the area should be used as a passive area for pedestrians as opposed to a bicycle path. She stated that she had a concern that the proposed uses that would be located in the open space and the housing would be too much for the area, and too much is being proposed for the site. She suggested a natural walkway and to keep the bluffs natural, and not to construct a concrete path. The Planning Commission recessed at 9:25 and reconvened at 9:40 p.m. • Mr. Carl Hufbauer, 20241 Bayview Avenue, appeared before the Planning Commission on behalf of SPON. He asked what are the benefits to the City of the proposed Development Agreement, and what are the most substantial things that the City would get that it would not get if it went about business as usual without the Agreement? The two biggest items would be an interest free loan -25- 000 7 COMMISSIONERS • June 18, 1992 ;MINUTES d CITY OF NEWPORT BEACH ROLL CALL INDE of about $13 million for road projects and eventual dedications of prime acreage on Upper Castaways and Newporter North that are not required by the General Plan. He asked what are the costs to the City and its residents of the proposed Development Agreement? The City would lose its discretion to respond to changing conditions, including endangered species; unacceptable increases in traffic congestion and air pollution; or an intensification'of the public's desire to minimize development on such key parcels as Upper Castaways and Newporter North. The Newport Conservancy or like organizations would find themselves under immense time pressure to raise funds orgenerate acquisition packets for Upper Castaways and Newporter North as the Agreement is now written. Given the costs and given the irreversible damage to Newport Beach's aesthetic character and biological resources, SPON is skeptical whether the proposed Development Agreement as it now stands is in the interest of the City and its residents. He stated that SPON has the following suggestions: upper Castaways and Newporter North More generous setbacks from the bluffs; height and bulk limitations so the aesthetics of the area as seen from across the bay are not severely damaged as could occur under the present Agreement; remove language regarding Dover Drive; language regarding acquisition that would give the Newport Conservancy or similar groups two years to generate funds for the purpose of acquisition of Upper Castaways and/or Newporter North. Commissioner Pomeroy responded to the foregoing statement wherein he commented that it does not matter what the Development Agreement states,the Commission does notpre-empt an endangered species. The Irvine Company would not be able to build on the property if they do not •mitigate for an, endangered species. In response to a question posed by Commissioner Gross, W. Hufbauer replied that he is not a member of the Board of Directors of the Newport Conservancy. In response to a comment posed by Commissioner Gross, Ms. Temple explained that the Planned Community texts contain the basic setbacks, height, and parking requirements. Precise development plans indicating the exact layout of buildings, the location of internal roads, and the location of parking facilities that -26- 000;;8 .COMMISSIONERS June 18, 1992 MINUTES • , o 0 CITY OF NEWPORT BEACH INDEX CALL may be provided for the public places are not addressed. The Planned Community District Standards will be reviewed by the Commission so as to make recommendations that will include height limits and setbacks. Commissioner Debay and Mr. Hufbauer discussed the feasibility that a time limit for the Newport Conservancy or another organization to acquire the Upper Castaways and/or Newporter North be included in the Development Agreement. Reverend Bill Kirlin-Hackett, 1012 East Mayfair,Orange,appeared before the Planning Commission on behalf of the Newport Harbor Lutheran Church, located at 16th Street and Dover Drive. The church is the only developed parcel on what is considered Upper Castaways. The EIR does not identify the church on the Upper Castaways; however, the EIR for the Castaways Marina does • recognize the church as part of the Castaways site. The impacts upon the church that would result from the proposal would be that the pre-school children would suffer during construction because of the dust and noise level; the pre-school would be impacted financially if the parents would not enroll the children because of the dust and noise; the children's safety would be a concern because of the proposed traffic on 16th Street; the nearness of homes as a result of the wrap-around layout proposed;noise would become an unneighborly factor between the church and the nearby residences; the worship life and schedule would be impacted because of the unnecessary configuration; a severe impact would occur on the wedding schedule and services; concerns that the church would be enveloped by a secured community with a possible six foot wall; the location of the park presents a problem of noise during wedding ceremonies and there would be a lack of parking in the area; and the loss of weddings would have a severe financial impact. Rev. Kirlin-Hackett suggested that the City, The Irvine Company, and the church come to a clear and firm agreement prior to the approval of the plan. He strongly recommended that • the EIR be recognized as insufficient in addressing the impact on the church and its mission. Commissioner Merrill referred to the foregoing statements and he asked if the church was entitled to more expansion based on the General Plan. Rev. Kirlin-Hackett replied that he was not aware of further church expansion plans. He indicated that widening of -27- 00029 COMMISSIONERS • June 18, 1992 MINUTES 10� CITY OF NEWPORT BEACH ROLL CALL IN Dover Drive would reduce some of the church's valuable frontage land. The present plan as configured, has the church surrounded by the passive park border. In response to questions posed by Commissioner Debay, Rev. Kirlin-Hackett replied that he had not met personally with The Irvine Company to discuss the project,and that it would be difficult to contact the residents residing in the closed community without invitation. Commissioner Debay addressed the mitigation measures that have been placed on the Castaways property during the construction phase. Rev. Kirlin-Hackett stated that the mitigation measures do not address the church during construction. Commissioner Glover and Rev. Kirlin-Hackett discussed the concerns that the church has with respect to the children playing and other activities that would occur in the,proposed park and the impact that the noise and parking would have on the church. • Commissioner Edwards and Rev. Kirlin-Hackett addressed comments regarding the widening of Dover Drive. Rev. Kirlin- Hackett indicated that the church is concerned that if Dover Drive would be widened that the church would lose some of the parking lot. In response to a question posed by Commissioner Edwards, Mr. Webb explained that a six-lane Dover Drive has been-in the Master Plan of Street and Highways since 1962. Commissioner Debay referred to the proposed Upper Castaways Planned Community District Regulations, page 6, wherein it states that Noise mitigation programs shall be based upon the recommendations of a licensed engineer practicing in acoustics and be approved by the Planning Department. Dr. Richard G. Vinson, Costa Mesa Citizens Transportation Alternatives Study Group, submitted and read a letter to the • Commission dated June 18, 1992,from Roy Pizarek,Chairman. He stated that the group requests to preserve the quality of life of residential neighborhoods; the deletion of the 19th Street and Gisler Street crossings of the Santa Ana River and the deletion or downgrading of East 19th-Street as a secondary highway on Orange County's Master Plan of Highways; that Upper Castaways could -28- 00030 COMMISSIONERS June 18, 1992 MINUTES CITY OF NEWPORT BEACH CALL INDEX result in significant traffic impacts in residential neighborhoods in the east side of Costa Mesa and Dover Shores in Newport Beach; and that the Commission consider alternatives for the proposed Upper Castaways project to compliment rather than degrade the existing residential neighborhoods. Commissioner Pomeroy stated that the 19th Street crossing over the Santa Ana River is essential to improve circulation throughout the Newport Beach/Costa Mesa area. Mr.Robert Webber,420 Heliotrope,appeared before the Planning Commission on behalf of the Orange County Homeless Issues Task Force. Mr. Webber stated that he had reviewed the City's compliance with the State regulations regarding the housing and planning issues. He complemented staff with regard to the housing issues. He requested that the City not lose the potential housing • stock because it has been the policy to use 20 percent of the housing allocation for low and very low cost housing. He indicated that affordable housing is not included in all of the proposed Planned Community texts, and he requested assurance that affordable housing would be reflected in each of the projects. He recommended that the senior housing, the restaurant and the athletic facility be developed at Bayview Landing. Mr. Hewicker stated that there are no proposals to relax the City's affordable housing policy. The terminology in the Planned Community texts allows for the provision of affordable housing either on-site or off- site. Mr. Willis Longyear, 215 Via San Remo, appeared before the Planning Commission on behalf of the Newport Conservancy. He stated that the Conservancy is proceeding with an active program to acquire three privately held properties adjoining the Newport Bay Ecology Reserve and Park System in order to protect an ecological balance of the Reserve and to provide citizens of the community with continued access to particular desirable . recreational open space. The Conservancy recommends that San Diego Creek South remain open as a corridor for continued wildlife access for Upper Newport Bay from inland open space areas,and that Newporter North remain as an open wildlife habitat as an upland breeding and hunting area and an extended habitat for endangered species. The Conservancy requests that Upper Castaways and Newporter North be left undeveloped for at least -29- 0003, COMMISSIONERS June 18, iQ92 MINUTES 0 CITY OF NEWPORT BEACH ROLL CALL INOE the period of years that would be required for the ecological sites to be assessed and explored in an orderly unhurried manner. The need for recreation and open space will become increasingly important to the City as development continues to "hem" it in, which requires that the Upper Castaways be retained for its present and future value as a particularly desirable parcel of recreational and open space. That Newporter North be carefully planned to provide low impact access for observation of wildlife in its natural habitat. The viewpoint has been born out by a recent City survey in which roughly 85 percent of those interviewed cited that preservation of open space and wildlife habitat are important issues for the City. Preliminary review of the EIR indicates strong possibilities that it also supports the initial assessment that development of the foregoing parcels will impose irreparable negative impact on the Upper Newport Bay Ecological Reserve and Park System. The Conservancy requests that the City work with the Conservancy to save the City's remaining small and rich • heritage of wildlife habitat and recreational open space. The Conservancy requested that the Commission take no action in accepting the EIR or approving the Development Agreement until the response to comments has been completed. In response to a question posed by Commissioner Pomeroy, Mr. Longyear replied that the Conservancy would need approximately $80 million to preserve the aforementioned sites,and they have not begun the fundraising campaign. Mr. Longyear explained that if The Irvine Company developed the foregoing properties that it would take several years to get a return from their investment.The Conservancy's intent is to build enough presence and financial capability, to meet The Irvine Company's requirements and they hope to do that within 1-1/2 to 2 years. It is not expected that the Conservancy would be able to pay The Irvine Company off within that period of time. Commissioner Gross and Mr.Longyear discussed the Conservancy's desire to have additional time to study the EIR with respect to • Newporter North. Ms. Temple stated that there are several archeological sites identified on the Newporter North site and that there is specific mitigation included in the program that will require, prior to the issuance of any Grading Permit, that the investigation and salvage operation be complete. These types of -30- 000312 • • June 18, 1992 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH CALL INDEX programs are subject to the approval of a Coastal Permit for Cultural Resource Recovery. Mr. Michael J. Daley, 1921 Port Weybridge, appeared before the Planning Commission as President of the Harbor View Homeowner's Association, representing 525 homes. He addressed the Freeway Reservation parcel wherein he indicated that the homeowner's would be most affected by the proposed 36 dwellings at Ford Road and MacArthur Boulevard. He stated that the Association had a previous concern that Ford Road would become a cul-de-sac and additional houses would impact the community; however,The Association met with The Irvine Company regarding the property and the development was reduced from 76 structures to 36 structures so as to blend the proposed project with the existing community. • Mr. Alan Remington appeared before the Planning Commission representing the Friends of the Santa Ana River. Mr. Remington stated that roads are not the answer to traffic and there is currently no crossing over the Santa Ana River at 19th Street; therefore, there is no traffic. He stated that the residents oppose a six lane road and the traffic would impact the residents.of Costa Mesa and Newport Beach. He indicated that 2600 residences proposed in the Santa Ana River area would generate heavy east and west traffic. Commissioner Gross and Mr. Remington discussed the concerns regarding the proposed impact of traffic at the comer of 19th Street and Newport Boulevard; the widening of Dover Drive; and the proposed 19th Street bridge. Mr. Jack Perkins, 474 - 16th Place, Costa Mesa, appeared before the Planning Commissions as a member of the Newport Harbor Lutheran Church. He stated that the Church moved from a Cliff Drive location to the present location because a freeway was proposed for that location; however, the freeway was never constructed. He stated that sometimes a proposal is not executed as planned wherein he referred to the concerns expressed regarding • the expansion of Dover Drive. Mr. Robert Hoffman, a 19th Street resident in Costa Mesa, appeared before the Planning Commission on behalf of the East Side Homeowners Association. He submitted and read a letter dated June 18, 1992, to'the Planning Commission. He stated that -31- 0.0033 COMMISSIONERS 0 June 18, 1992 MINUTES A\O� \N CITY OF NEWPORT BEACH ROLL CALL INOE their concerns are the increase in traffic because of the proposed development and associated street widening; the safety of the children; and the noise and pollution. The homeowners recommended an alternative to the proposed Upper Castaways project. In response to questions posed by Commissioner Merrill,Mr.Webb explained that the traffic projection does not indicate any change in traffic on 19th Street related to the proposed development. In response to questions posed by Commissioner Edwards, Mr. Webb explained.that the proposed widening of Dover Drive that is included in the Circulation Element would be between West Coast Highway and Westcliff Drive. Commissioner Edwards stated that the Commission is not specifically addressing the widening,of Dover Drive. Mr. Webb explained that the Commission is only addressing the part of the Development Agreement that requires The Irvine Company to provide the grading, if necessary. Mr. Webb further explained that if the City Council would change the Circulation Element of the General Plan and downgrade it, the widening of Dover Drive could be eliminated. In response to a question posed by Commissioner Glover, Mr. Webb explained that the Upper Castaways is one of the small increments that would occur within 20 years that would cause a need for the widening of Dover Drive. Commissioner Merrill concluded that it is good engineer and traffic planning to have The Irvine Company grade Dover Drive as a requirement as long as the roadway is on the Master Plan. Mr. Webb stated that in the interim the parcel would be landscaped and would provide open space. Mr. Royal Radtke, 330 Mayflower Drive, DeAnza Village, appeared before the Planning Commission on behalf of the Corona del Mar Chamber of Commerce and the Bayside Village • Homeowner's Association. Mr. Radtke stated that the Corona del Mar Chamber of Commerce previously had concerns regarding the 'Upper Castaways site and the area near the Newporter Hotel; however, after examining the proposals, the Board of Directors unanimously supported The Irvine Company's plan. The Bayside Village Homeowner's Association has made no decision with -32- 00034 COMMISSIONERS • • June 18, 1992 MINUTES 0 CITY OF NEWPORT BEACH CALL lKOEX respect to the plan inasmuch as there are concerns regarding the cliff area across from DeAnza Bayside Village which could become a liability for the City should an accident occur within the 40 foot setback. In response to a question posed by Commissioner Edwards, Mr. Radtke explained that the residents are concerned with the liability factor inasmuch as the cliff areas are not properly marked, and the type of development that would be allowed within the 40 foot setback. Mr. Neil Randle, 1848 Port Tiffin Place, appeared before the Planning Commission on behalf of the residents concerned with the southern portion of the Freeway Reservation project. Mr. Randle stated that the residents would prefer that the area remain open space; however, after meeting with The Irvine Company, the • AdHoc Committee agreed to a modified project wherein the homes would front on Newport Hills Drive and the number of structures would be reduced from 15 homes to 12 homes. In response to a question posed by Commissioner Merrill, Mr. Randle explained that the aforementioned AdHoc Committee has been sanctioned by members of the Board of Directors of the Newport Hills Community Association. Discussion ensued regarding the feasibility of purchasing the property for open space. Mr.Gary Drew,223 Monte Vista,Costa Mesa,appeared before the Planning Commission as a member of the Newport Harbor Lutheran Church and Council President. He stated that the Church has requested that specific clarifications be addressed in the Environmental Impact Report regarding the Upper Castaways site, i.e.: the inconsistencies of the Castaways Marina EIR and the Open Space Circulation Agreement EIR. The Church is addressed in the Castaways Marina EIR, and the•Church is mentioned in a minor way in the Open Space Circulation EIR, Visual Character • Section. The Church has further requested that the EIR address mitigation measures similar to the Castaways Marina Ellis Section 5.1, page 5.1-9, Land Use: To mitigate potential short tern impacts [the Church would request long term impacts] to Church activities, the project applicant or designated representative, shall coordinate/ communicate with officials of the Newport Harbor Lutheran Church -33- 00035 COMMISSIONERS June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INOE to establish a schedule... and plan to work out the logistics of the development as it impacts the Church. Commissioner Merrill indicated that the Castaways Marina provided for a haul road, and inasmuch as the haul road would be constructed around the Church, the Church was specifically addressed in the Castaways Marina EIR. Mr. Drew concurred; however, he explained that the Castaways Marina is mentioned many times with respect to the impact that the Marina would have on the Church. Ms.Temple stated that the general construction impact conditions apply to everyone; however, staff has no problem with incorporating specific references to the Church and will respond to the foregoing comments in Response to Comment. The full scope of mitigation will be reviewed with the Church prior to submittal 4o the City Council. • Mr. Drew stated that the Church requests that prior to Tract Map approval or submittal,a resolution be worked out between the City, The Irvine Company, and Newport Harbor Lutheran Church. A specific resolution would be in place prior to the approval of a Tract Map, that the resolution shall contain that any private or public development assure the Newport Harbor Lutheran Church that it will not be impacted to affect their ability to service the community, to adhere and to continue their mission's statements and programs that are currently offered to the community. That no impact be made that would affect the Church's physical site with any constraints, including security,access, identity, that the Church now enjoys. Ms. B.J.Johnson,23 Canyon Crest, appeared before the.Planning Commission in support of the proposed Development Agreement. She explained that the Agreement provides needs and economic benefits for the City,and she supported the Newport Conservancy's request to purchase the Upper Castaways site. Mr. Ed Benson, 1028 Westwind Way, President of the Dover Shores Community Association, appeared before the Planning Commission. He submitted a written text of his testimony to the Commission expressing the Association's support of the -34- 000 • 'COMMISSIONERS June 18, 1992 MINUTES d Y CITY OF NEWPORT BEACH CALL INDEX Development Agreement and the benefits the City would acquire as a result of the proposed project. Ms. Janet Remington, 1154 Boise Way, Costa Mesa, appeared before the-Planning Commission. She addressed the West Newport Oil project located adjacent to the Santa Ana River and 19th Street, and the circulation pattern to Dover Drive. She stated that a six lane highway would be constructed through the wetlands to Dover Drive if the West Newport Oil project would be developed from West Coast Highway to 19th Street in Costa Mesa, and she expressed concerns regarding the impact the traffic would have on the residents residing adjacent to the proposed roadway. Commissioner Gross, Commissioner Pomeroy, Commissioner Merrill and Ms. Remington discussed the feasibility of removing the expansion of Dover Drive from the Master Plan of Arterial Highways and her concerns regarding Dover Drive and the 19th • Street Bridge. W. Webb stated that a study is currently going on with the County of Orange that will review the traffic in the Huntington Beach, Costa Mesa, Fountain Valley, and Newport Beach areas that will evaluate the needs for 19th Street, Gisler Street, and Wilson Street bridges as well as the status of the East 19th Street link. The recommendations that come out of the study will be forwarded to the cities. He stated that he has been designated to participate in the study. The group participating in the study are trying to quantify some of the problems that are currently being addressed and to try to determine where the traffic is coming from and going to.The results of the study will be submitted to the City Council at a later date. Mr. Allen Beek, 2007 Highland, appeared before the Planning Commission. Mr. Beek stated that the Development Agreement gives advance approval to projects that may be done many years in the future, and it is simply a way of the City abdicating • responsibility in the future to maintain its vigilance over protecting the health,safety, and welfare of the community. It is improper for the City to give away the future years, the rights of future City Councils, and the right of the people at the polls to make their fundamental planning decisions for the City. It has been justified that the City would get some streets built and paid for by The Irvine Company; however, he said the City has no need for the -35- 00037 June 18, 1992 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL. CALL INOE streets, and he suggested more intersection capacity and not more lanes. He suggested that the Circulation Element be amended to remove the additional lanes. In reference to the proposed Upper Castaways project, Mr. Beek stated that the bluff is eroding, that some of the runoff from the top of the bluff runs over the face and down the bluff, and is carving gullies. One of the requirements of the project should be that the gullies should be filled and restored, and that a berm be established along the drainage. There should be public bicycle and pedestrian access from 16th Street to the bluff top development. He opposed the proposal to construct a 10 foot berm or mound adjacent to the residential development and the open space inasmuch as the houses in back want aview and the houses in front should be kept low and not built up, and they should be restricted in height,so the neighbors behind can see over the lower structures. The proposed 32 foot height limit is completely out of character, at least for the front row of houses. In response to a question posed by Commissioner Debay,Mr.Beek • explained that The Irvine Company is taking every last dwelling unit they are entitled to, on,the Castaways, the Newporter North, and San Diego Creek South. He stated that what The Irvine Company is giving in open space is around the freeway, and that area cannot be developed. In response to questions posed by Commissioner Gross, Ms.Flory explained that the change in density would require a change in the General Plan, and it is a matter of creating zoning for the applications that currently exist.Mr.Hewicker explained that prior to the time that there are homes on the site, the zoning has to be established. Mr.Beek responded that the general outline would be established with the subject Development Agreement and the City would not be able to go back on the things that were given away with the Development Agreement. Mr.Beek commended staff and the City Attorney's office on the work that has been done with the subject Development Agreement. In response to a question posed by Commissioner Glover, Ms. • Temple explained that the comprehensive set of mitigation measures require that the bluffs on the Castaways and Newporter North undergo a stabilization program. In addition, staff set up a program whereby in,order to make use of the restored top of Slope in the areas where there are erosion swells, that The Irvine -36- 00038 • •COMMISSIONERS June 18, 1992MINUTES CITY OF NEWPORT BEACH _ INDEX CALL Company would be responsible for the restoration and re- establishment of the slopes in those areas. Absent their willingness to make the improvements themselves,then their development line would be defined by the existing top of slope, which is in some areas quite irregular. With The Irvine Company's willingness to make those improvements, they could smooth out their development line and make use of the new line. Provisions have been made for both-the restoration of the erosion and the overall stabilization of the bluff on both sides. In the case of the restoration of the erosion areas,the cost would be the responsibility of The Irvine Company, and the overall bluff stabilization is currently the responsibility of the City. Mr. Dean Reinemann, appeared before the Planning Commission. He stated that he is on the Costa Mesa Transportation Committee; although he is a Newport Beach resident. He expressed his . concerns regarding the standard policy that the City uses to submit comments regarding the EIR.Chairman Di Sano explained that the comments on the EIR continue until July 18, 1992. Mr. Reinemann stated that the removal of open space around the Back Bay is the primary concern of the individuals attending the public hearing. Mr. Don Harvey, 2039 Port Weybridge, appeared before .the Planning Commission. Mr.Harvey addressed Mr.Beek's foregoing comments and the inappropriateness of the Development Agreement, and he concurred that each project should be considered on an individual basis. He said that the Development Agreement would allow traffic to increase, and the result is that there would be more pressure from the public for open space. He requested not to take away for future representatives,the power to respond to future conditions. Mr. Harvey stated that the reason why the widening of Dover Drive does not show on the traffic count is because,subsequent to an extensive conversation with Cal- Trans, that the street width does not enter into projections. The . Development Agreement is based implicitly on projections of what is going to happen in the future. Mr. Webb commented that it was his impression that the aforementioned statement indicates that the traffic models do not take into consideration the number of lanes and roadways wherein Mr. Webb replied that the statement is incorrect. Mr. Webb explained that the traffic model does indicate the number of lanes and it is a constrained model. Mr. Harvey -37- 00039 COMMISSIONERS June 18, 1992MINUTES CITY OF NEWPORT BEACH ROLL CALL INDE responded that in the Cal-Trans' models and projections, the lane structure was not considered because it was not clear what that would be. Mr. Harvey and Commissioner Gross discussed the feasibility of a change in future zoning, density, and development. Mr. Gordon Glass, 2024 Avenida Chico, appeared before the Planning Commission. Mr. Glass addressed Newporter North,the EIR, the Planned Community text, and public view corridors. He commented that Newport Conservancy will hopefully be able to raise enough money to purchase the Newporter North property. If the Conservancy does not succeed, then he recommended a view corridor which would not drastically impact The Irvine Company's ability to develop the property. If there would be a view plane and view corridor established downward to the water level to about where East Coast Highway is,there would be a perpetual view that thousands of people a day can enjoy. He proposed a view corridor approximately 1200 feet south from the intersection of Santa • Barbara and Jamboree Road;establish a site plane as viewed from, Jamboree Road at 4 feet above street level or the eye height of a driver passing downward toward the water level; and no trees or trees that could be controlled. He proposed that as a part of the Site Plan Review in the PC text that the aforementioned be given serious consideration. Ms. Temple explained that within the provisions of the Development Agreement, action could not be taken to reduce the number of units. Dr. Jan VanderSioot, 2221 - 16th Street, appeared before the Planning Commission. Dr. VanderSloot commended The Irvine Company for the sensitivity in addressing the smaller wetlands that are located on the subject properties,and their appreciation for the value of wetlands as open space. He expressed a concern that after the wetlands are dedicated to the City, is the City committed to preserving the areas as wetlands, are there any safeguards or restrictions, or anything that would make sure that the wetland areas that are dedicated actually, remain wetlands for perpetuity. He stated that the wetlands located at Jamboree Road and • MacArthur Boulevard may, be impacted by the San Joaquin Hills Corridor,the Newporter North site may be impacted by the access road to the Corridor, and the Dover Drive Wetland would be impacted by the widening of Dover Drive. He recommended that the Commission delay their decision until after the public comment period is over because the Commission cannot be fully educated -38- 0004,0 COMMISSIONERS June 18, 1992MINUTES CITY OF NEWPORT BEACH INDEX R CALL until after reviewing the comments or the biological affects of Newporter North until the Commission has read what the Fish and Game Department and U. S. Fish and Wildlife Service have to report. He said that the Bolsa Chica Mesa EIR has suggested that cats not be allowed within the houses because cats will disturb the wildlife within the wetlands. He recommended that The Irvine Company give the Newport Conservancy additional time to come up with the necessary funding, possibly up to five years. Dr. VanderSloot stated that the Upper Castaways development would impact 16th Street even though it is not stated in the EIR, and there has been no noise study on East 16th Street. He pointed out that developing an active park on Upper Castaways would not be compatible with adjacent residences. He concluded that residential developments do not generate enough property taxes over the long run to pay for the services that are needed. • Mr.Jim Kociuva, 5105 - 16th Street, appeared before the Planning Commission. He stated that Upper Castaways would generate more traffic for the eastside neighborhoods, and he opposed the proposed circulation plan. He addressed the traffic congestion at the intersection of 17th Street and Irvine Avenue, and he suggested an additional left turn lane for the east/west traffic. Mr. Tom Redwitz reappeared before the Planning Commission. Mr. Redwitz addressed the testimony during the public hearing regarding Newport Conservancy, and he responded that The Irvine Company would sell one or more of the subject properties so long as the property was sold at fair market value and within a reasonable time period of 12 to 18 months. He stated that The Irvine Company has an'open door' policy regarding the issue, and the Company has cooperated with the Conservancy to discuss the acquisition of the sites. In response to concerns posed during the public hearing regarding Newporter North, Mr.Redwitz explained that SPON requested the preservation of a view corridor from Jamboree Road; therefore, the shape of the Newporter North • development pulls back from Jamboree Road going southbound to open up a view corridor to the lower bay. In response to public testimony regarding the proposed Development Agreement as opposed to 'piecemeal' projects, Mr. Redwitz explained that The Irvine Company considers comprehensive planning to be the most beneficial way to consider properties, and the method is consistent -39- 00041 COMMISSIONERS June 18, 1992MINUTES CITY OF NEWPORT BEACH ROLL CALL INDE with the way The Irvine Company has previously developed properties. There being no others desiring to appear and be heard, the public hearing was closed at this time. Mr. Redwitz reappeared before the Planning Commission in response to questions posed by Commissioner Glover regarding the bluff restoration. Mr. Redwitz explained that the setback of the development area would be 40 feet,and The Irvine Company is not proposing to develop into the 40 foot setback. The proposal was originally that The Irvine Company would be allowed to grade into the area, but not build into the area. Ms. Flory explained that the concern,is not whether the bluffs are restored, the concern is the extra weight on the manufactured slope, or the additional weight of the pad as it builds up in the extra 20 feet. Mr. Hewicker explained that during the processing of grading, raising the • • elevation, and creating the pad, The Irvine Company would be developing within the 40 foot setback and that would include the additional height of the land and the weight of the earth. Mr. Hewicker stated that development can be considered dirt or structures. Ms. Temple explained that the restoration of the bluff face does not affect the liability issues identified in relationship to the creation of the manufactured slope. Mr. Watson reappeared before the Planning Commission in response to the foregoing comments wherein he explained that by The Irvine Company coming 20 feet into the 40 feet, and if something that The Irvine Company wants to do would cause an unstable condition on the bluff, The Irvine Company would be responsible to correct what they have caused. Mr. Watson further explained that to do any development, grading, etc. and if the City would indicate that what is being done would cause instability to the bluff, then The Irvine Company would correct what they are doing or they would pay for it. Ms. Flory stated that the 'City Attorney's Office would be looking at an assumption of liability if there would be 20 feet into the 40 feet. Commissioner Edwards suggested the foregoing as a . condition that could be added to the project.Mr.Watson concurred with comments made by Commissioner Merrill that The Irvine Company would like to intrude on the setback with a slope easement. Mr. Watson explained that The .Irvine Company has only indicated that there is a possibility that they would want to grade into the area. Commissioner Merrill stated that by elevating -40- 00042 COMMISSIONERS • June 18, 1992 MINUTES CITY OF NEWPORT BEACH CALL INDEX the lots it is feasible that The Irvine Company maybe able to mitigate the intrusion from the open space corridor into the backyard which could present a problem, so if the property could be elevated, and construct a wall at the top of the four foot fill, a 10 foot high barrier could be constructed and it would depress the traffic. Chairman Di Sano asked Mr. Redwitz if The Irvine Company would support a 20 foot setback and if they would indemnify or hold harmless the City. Mr. Redwitz concurred. In response to a question posed by Commissioner Pomeroy regarding Mr. Beek's comments with respect to a 32 foot height limit, Ms. Temple explained that the 32 foot height limit is common in Planned Community texts, and the standard Residential Districts are either 24 feet or 28 feet. In response to a question posed by Commissioner Debay regarding • the safety factor of a 10 foot encroachment as opposed to 20 feet into the 40 foot bluff top, Ms. Flory explained that there would be the same safety concerns based on the additional weight over the portion of the bluff that supports the weight. Commissioner Pomeroy stated that he would not support a very rigid straight wall going at the 40 foot setback which would be unattractive, and would not be to the benefit of the City. However, he agreed with previous comments that a 20 foot area is inadequate for access, that a 10 foot encroachment and 2:1 slope would be somewhat of a compromise, and 20 feet adjacent to the bluff is not enough of a level area. In response to questions posed by Commissioner Edwards, Ms. Flory replied that the City Attorney's Office has not discussed cross-indemnification with The Irvine Company. Ms.Flory further replied that the suggestion could be voted on by the Commission and the City Attorney's Office could address the issue with The Irvine Company. • Commissioner Gross stated that any agreements made with The Irvine Company regarding the encroachment into the setback area, and issues of liability could be over-ridden by a future geo-technical study. Mr. Webb. concurred that a geo-technical study would be 'the ultimate guide and if it would be geo-technically incorrect The Irvine Company would not develop on the property. -41- 00043 COMMISSIONERS June 18, 1992 MINUTES �0 CITY OF NEWPORT BEACH INDE ROLL CALL Commissioner Merrill addressed the encroachment issue from a planning concept whereby he determined that further permits, i.e. an Encroachment Permit or Grading Permit, would require geo- technical studies. Ms.Flory concurred that the Commission should make recommendations for planning, and the liability and agreement would be handled between the City Attorney's Office and The Irvine Company and it would go to the City Council in that form. Chairman Di Sano asked if The,Irvine Company would make best efforts at the point of Site Plan Review to accommodate the concerns of parking, sign direction, sidewalk, etc. that would be specifically for the Newport Harbor Lutheran Church? Mr. Redwitz agreed with the foregoing statement. Ms. Temple stated that an additional point of decision would be included in the Site Plan Review for the Upper Castaways Planned Community text. In response to a question posed by Commissioner Debay, Ms. • Temple stated that the purpose of requesting that the Commission make a determination regarding an active park on Castaways is that there had been some concerns regarding an active park and the reference is specifically for the 4 to 5 acre facility which is on the corner of 16th Street and Dover Drive. The definition in the Planned Community text is that there would be an active recreation facility on the site; however, there are limitations such as there would be no night lights. Commissioner Merrill stated that an active park would be the determination of Parks, Beaches and Recreation, or he would be interested.in an inventory of the existing parks. Ms.Temple stated that The Irvine Company reviewed the Site Development Plans with the Parks,Beaches and Recreation Commission and an active ark is the result of their input in addition to the input of the Cliff Haven Community. Chairman Di Sano stated that he would be supportive of an active park as the result of an Outreach Meeting. Commissioner Debay stated that many of the Newport Harbor Lutheran Church's concerns would be eliminated if the active park • as removed from the request. Ms. Temple suggested that a control mechanism could be placed on the use of the active park inasmuch as the PB&R Commission has the ability to impose use restrictions based on time of day and day of week. -42- 00044 • �COMMISSIONERS June 18, 1992MINUTES CITY OF 'NEWPORT BEACH CALL INDEX Commissioner Glover requested a directive where there would be a concerted effort to work with the Newport Harbor Lutheran Church and staff, including PB&R and The Irvine Company, to come up with an agreement so the Site Plan Review would indicate that all of the interested parties would feel comfortable. Ms. Temple concurred that a requirement in the Site Plan Review would include a resolution which clearly involves the agreement of all parties. Commissioner Pomeroy referred to the supplemental data from the EIR, Earth Resources, wherein it is stated that the City's minimum setbacks may not necessarily be adequate from a geo-technical viewpoint concerning bluff slope instability. Appropriate safe bluff top setback recommendations should be determined by the project geo- technical consultant at the tentative tract map review phase to the satisfaction of the City. He stated that the language would go far in • solving problems. Ms. Temple stated that the foregoing is in the required mitigation measures. Mr.Redwitz reappeared before the Planning Commission wherein he stated that The Irvine Company would make every effort to cooperate with the Newport Harbor Lutheran Church to come up with a viable solution regarding the Church's concerns; however, The Irvine Company would not accept a condition that required prior to the Site Plan Review submittal that there would be an agreement. The Commission took the following straw vote actions on the proposed project: Green is Yes - Red is No Circulation Improvement and Open Space Agreement. 1. Should The Irvine Company be allowed to use the restored-top of slope as the point of beginning for the measurement of property and building setback lines if the erosional swales on • Castaways and Newporter North are restored by TIC? + * * * • Green Red -43- 000t45 COMMISSIONERS June 18, 1992MINUTES 4� coo °•°� Y OF NEW BEACH ROLL CALL CITY INDE 2- Is the additional dedication of the remainder of Newport Village in combination with exchange of the southerly portion of San Diego Creek North for ultimate dedication to the TCA acceptable? * * * * * * * Green Red Castaways 3. Shall there be an active park on Castaways? * * * * * Green * * Red Castaways/Newporter North: 4. Shall TIC be allowed to encroach 20 feet into the 40 foot bluff • top property line setba&area with a manufactured slope? 1n response to a question posed by Chairman Di Sano, the Commission modified No. 4 to encroach 10 feet instead of 20 feet. * * k k k Green Red a. If yes, shall the maximum slope be 2:1 or 4:1? * * Green: 2:1 Red: 4:1 b. That any encroachment would include appropriate arrangement between the City and The Irvine Company • relative to full indemnification of encroachment. Mr. Webb suggested that the foregoing be modified to include a requirement to maintain the slope. Discussion ensued regarding the responsible party(ies). Commissioner Merrill stated that Community Association's should not be asked to maintain property -44- 0004G June 18, 1992 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH CALL INDEX on 'the other side'of the wall'. Commissioner Edwards suggested that The Irvine Company maintain or compensate the City for the maintenance of the encroachment. * * Green * Red Bayview Landing. 5. What shall be the permitted land use on the lower portion of Bayview Landing? a. Restaurant/Athletic Club b. Senior Citizen housing with transfer of retail to Fashion Island • c. Active Park with transfer of retail to Fashion Island In response to questions posed by Commissioner Gross, Ms. Temple explained that the problem with not taking action on the foregoing item would be that Item 5 (b) requires a General Plan Amendment Initiation. It is specifically structured not to be restaurant or athletic club or senior citizen housing because with respect to senior housing, The Irvine Company is desirous of transferring a certain amount of retail into Fashion Island in conjunction with the approval. Ms. Temple further explained that The Irvine Company requested a restaurant/athletic club;however, they would accept senior citizen housing with transfer to Fashion Island. Mr. Redwitz reappeared before the Planning Commission wherein he indicated that affordable senior citizen housing would be a good project and they would be supportive of that type of development. In response to a question posed by Chairman Di Sano,Mr.Watson reappeared before the Planning Commission and he replied that The Irvine Company would prefer senior citizen housing;however, if it would be infeasible to develop senior citizen • housing he asked if the restaurant/athletic club would be acceptable? Ms. Temple explained that the General Plan Amendment could be structured so as to have a fall back land use. Mr. Redwitz stated that the Planned Community text was drafted with the restaurant/athletic club use, and an alternative would be to allow a senior citizen housing project on the site and in the event, transfer the entitlement to Newport Center. It is not -45- 0004'7 COMMISSIONERS June 18, 1992MINUTES CITY OF NEWPORT BEACH ROLL CALL INDE necessarily eliminating the use on the Bayview Landing site for the restaurant/athletic club use but providing an option to develop a senior citizen housing project on the site. Chairman Di Sano suggested that Item 5 (c) be modified to state Senior Citizen Housing with transfer of retail to Fashion Island or the restaurant/athletic club. Ms. Temple-concurred with the foregoing suggestion. In response to a question posed by Commissioner Glover, Ms. Temple explained that on the subject site the proposal would be for affordable senior housing addressing low and very low income housing. Mr. Redwitz concurred. He stated that the zoning that would be approved on the property would allow one of the uses. In the event the affordable senior housing project is built, that it would be the ability through a General Plan Amendment to transfer the entitlement off of the site to Newport Center. Ms. Temple stated that it would be at the discretion of The Irvine • Company to determine what would be the best development given the scope of permitted land uses. The Planned Community text only allows the restaurant and athletic club. The Commission's action would change the PC text as it goes forward to the City Council to show the third available land use as affordable senior citizen housing, Green- Restaurant/Athletic Club White- Senior Citizen housing with transfer of retail to Fashion Island * * * * * * * Red- Affordable Senior Citizen housing with transfer of retail to Fashion Island or restaurant/athletic club. Block 800 - Newport Center. 6. Shall the potential senior citizen housing be subject to the review and approval of a Use Pennit? • In response to a question posed by Commissioner Debay, Ms. Temple explained that senior citizen housing is the type of use here the operational characteristics are of interest in terms of controlling life care facilities. Mr. Redwitz stated that The Irvine Company would not have an objection with a use permit. -46- 00043 9 0 June 18, 1992 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH CALL INDEX * * * * Green - Use Permit * Red - No Use Permit Motion * Motion was made to approve Development Agreement No. 6, Traffic Study No. 82, Amendment No. 763 (Resolution No. 1300), Amendment No. 764 (Resolution No. 1301), Amendment No. 765 (Resolution No. 1302),Amendment No.766(Resolution No. 1303), Amendment No. 767 (Resolution No. 1304), Amendment No. 768 (Resolution No. 1305),Amendment No.769(Resolution No.1306), and Amendment No. 770 (Resolution No. 1307) according to the findings and conditions in Exhibit W, as modified by the revisions suggested by staff. Commissioner Gross stated that there would only be one reason why he would be against voting for the project and that would be • Dr. VanderSloot's comment regarding the Environmental Impact Report. However, knowing that the EIR is not certified by the Commission but by the City Council at a later date prior to the closing of the draft comments, he would vote in favor of the project. Commissioner Pomeroy stated that the Commission has met on a consistent basis over a two year period with The Irvine Company and the Commission has offered their own suggestions as Commissioners as ways of enhancing the benefits to the City, particularly in the view park area and open space area. Commissioner Edwards concurred with Commissioner Gross' comment regarding the EIR. He stated that the only reason he would vote against the project would be that the City is essentially giving up a certain amount of discretion. The benefits that would be derived from the arrangement outweighs the difficult decision. Commissioner Glover stated that a very good intensive Site Plan • Review has been outlined by the staff, and almost all of the projects will come to the Commission through the public hearing process. Commissioner Merrill compared open space with setbacks. He stated that setbacks are generally located on private property and maintained by the property owner. The Irvine Company is giving -47- 00049 COMMISSIONERSJune 18, 1492�g MINUTES CITY OF NEWPORT BEACH ROLL CALL 1NO open space which will help the City. He indicated that it would be difficult for the Newport Conservancy to raise the funds to purchase the open space properties; therefore, he suggested that the Conservancy raise money to improve some,of the open spaces and the ongoing maintenance could be born by the Conservancy money. Commissioner Debay stated that based on the benefits to the City, the number of required mitigation measures,the review on several different tracts, and it is a phase development, that she would support the project. Chairman Di Sano stated that he would support the project. He addressed meetings between The Irvine Company, the Commissioners, members of Community Associations, and Outreach meetings. He stated that the proposed Development Agreement as written by the,City Attorney's Office is a document • that the City can live with and it is not a 'give away'. All Ayes Motion was voted on, MOTION CARRIED. Environmentalm F' 1. That a Program Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into,the project to reduce • potentially significant environmental effects to a level of A li insignificance, except in the areas of es thetics/ ght and Glare, Biology, and Public Services and Utilities, and that .the remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social -48- 00050 • June 18, 1992 MINUT:�'S COMMISSIONERS ;:f CITY OF NEWPORT BEACH R CALL ;•.'.'� : . benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental..,: Impact Report has been considered in the various decigions "' made relative to this project. Mitigation Measures: Aggthetics fight and Glare 1. In conjunction with site plan review, the project proponent shall prepare a detailed temporary grading and landscape plan for the bluff top setback area for the purpose of minimizing bluff erosion. If graded slopes from a development area extend into the bluff top setback area, as • proposed by the PC Text, the project proponent shall prepare detailed final grading and landscape plans for the bluff top setback area. The plan shall be reviewed and approved by the Parks, Beaches and Recreation Department, Planning Department, Public Works Department, and Building Department. Transportation/Circulation 2. The City shall prepare a circulation improvement monitoring program to direct expenditures of funds received under the Development Agreement to make improvements and to monitor the status of those improvements. The list of improvements to be implemented shall initially be based on those identified on Table V, with prioritization established based on technical need and ability to implement them in a timely manner. Flexibility to add or delete projects on the list should be maintained to respond to actual changes in traffic volumes and the ability of the • City to accomplish improvements so long as the projected Net Benefit to the circulation system is maintained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the City's annuaICongestion Management Program and Growth Management Program analysis and the annual review of the Development Agreement. -49- 00051 COMMISSIONERS • June 18, 1992 MINUTES 1\10� k\N\\ CITY OF NEWPORT BEACH ROLL CALL IN 3. The applicant or successor in interest shall construct or post bond for all frontage improvements identified in the Development Agreement and listed in Table B of the Program EIR. Air Quality 4. All grading related to the project shall be conducted in accordance with SCAQMD Rule 403. This mitigation measure shall be made a condition of all grading permits related to the project. 5. After clearing, grading, earth moving, or excavation operations while construction activities are being conducted, fugitive dust emission shall be controlled using the following procedures: • Graded sections of the project that will not be • further disturbed or worked on for long periods of time (three months or more) shall be seeded and watered or covered with plastic sheeting to retard wind erosion. • Graded sections of the project which are undergoing further disturbance or construction activities shall be sufficiently watered to prevent excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. 6. During grading and construction activities, the applicant shall further control fugitive dust emissions using the following measures: • On-site vehicle speeds on unpaved roads shall be limited to 15 miles per hour. Entrances to all on-site • roads shall be posted with a sign indicating the maximum speed limits on all unpaved roads. • All areas with vehicle traffic shall be periodically watered. -50- t 00052 • June 18, 1992 MINUTES COMMISSIONERS � CITY OF NEWPORT BEACH CALL INDEX 5 • Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent accumulations of excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. 7. Office and commercial development on the Corporate Plaza West and Bay View Landing site shall also.participate in the Centerride program currently in operation in the Newport Center area. Evidence of intent to participate shall be provided to the City of Newport Beach Building Department prior to issuance of occupancy permit. 8. Bicycle racks shall be required in accordance with the City • of Newport Beach Transportation Demand Ordinance. 9. Construction of related frontage improvements shall include bus turnouts and shelters if determined to be necessary and desirable by the Orange County Transit District and/or the City of Newport Beach. Prior to final design and construction of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine if any bus turnouts or shelters will be required. 10. All development shall include street and security lighting(in parking lots and pedestrian walkway areas)which is energy conserving. A lighting plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works. • 11. Residential, commercial and office development shall be landscaped with an emphasis on drought resistant plant species which will shade buildings and reduce water and energy consumption during the summer. A landscape plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the -51- 00053 COMMISSIONER$ • • June 18, 1992 MINUTES d CITY OF NEWPORT BEACH ROLL CALL Department of Public Works prior to issuance of an occupancy permit. 12. The applicant shall ensure that all residential lots and dwellings are sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms. Evidence shall be prepared under the supervision of a City certified acoustical consultant which demonstrates that these standards will be satisfied in a .manner consistent with applicable zoning regulations and submitted as follows: A. Prior to the recordation of a final tract/parcel map . or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the City's Advance Planning Manager for approval: The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy 'B" below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Advance Planning Manager for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have • been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the projects plot plan illustrating height,location and -52- COMMISSIONERS • June 18, 1992 MINUTES CITY OF NEWPORT BEACH CALL I J I 11 1 INDEX construction in a manner meeting the approval of the City's Advance Planning Manager. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations may be required by the Planning Director to verify compliance with STC and HC design standards. 13. All non-residential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element. Prior to the issuance of any building permits, evidence shall be •prepared under the supervision of a City certified . acoustical consultant that these standards will be satisfied and shall be submitted to the Manager, Advance Planning in the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the. sound attenuation measures specified have been incorporated into the design of the project. 14. All freestanding acoustical barriers shall be a berm,wall or combination berm and wall. Walls shall not contain holes or gaps. Walls shall be constructed of slumpstone or other masonry material. Final acoustical barrier heights and locations shall be determined when final grading plans are developed showing lot locations, house/building setbacks and precise pad elevation. Biolopical Resources • 15. Pursuant to Section 1601-1603 of the State of California Fish and Game Code, the California Department of Fish and Game shall be notified of any alterations to streambed habitats. The applicant or any successors in interest shall be responsible for notifying the Department of Fish and Game regarding any grading related to residential development and associated improvements on the San Diego Creek -53- aoo5 •COMMISSIONERS June 18, 1992 MINUTES d CITY OF NEWPORT BEACH ROLL CALL IN South, Upper Castaways, Newporter North, and Freeway Reservation sites which would alter streambed habitats. The applicant or any successor in interest shall notify the Department of Fish and Game and obtain any necessary permit prior to the issuance of a grading permit. Copies of proper notification and necessary permits shall be provided to the City of Newport Beach prior to.issuance of a grading permit. The City of Newport Beach shall be responsible for notifying the Department of Fish and Game regarding any grading related to any public improvements (e.g, trails, recreational facilities,roads,drainage facilities,.etc.)in areas designated for open space, public facilities, and/or parks which would alter streambed habitats. The City of Newport Beach shall notify the Department of Fish and Game and obtain any necessary permits prior to commencement of any grading which could alter the streambed habitat. The permits issued by the Department of Fish and Game pursuant to Sections 1601-1603 may require additional mitigation measures deemed necessary by the Department. 16. Wetland delineation studies in,accordance and conjunction with the California Department of Fish and Game and U.S. Army Corps of Engineers permitting processes shall be performed for any wetland which will be impacted by grading and construction activities. The applicant or any successor in interest shall be responsible for conducting the wetland delineation studies ,for wetlands impacted by residential development or associated improvements on the Newporter North and Upper Castaways sites. If residential development or associated improvements on the San Diego Creek South-or Freeway Reservation sites encroach into the Bonita Creek wetland, the applicant or any successor in interest shall be responsible for conducting the wetland delineation study. The City of Newport Beach shall be responsible for conducting the wetland delineation studies for wetlands impacted by any public improvements/facilities • in areas designated for open space, public facilities, and/or parks which will encroach into wetlands, The studies shall occur at the time specific site plans and grading plans are available and prior to issuance of any grading permits or commencement of grading activities in areas containing wetland habitat. -54- 0005u COMMISSIONERS • June 18, 1992 MINUTES 0 CITY OF NEWPORT BEACH CALL INDEX 17. Public use and related facility development for areas proposed for natural open space and passive park uses within the Upper Castaways, Newporter North, Newporter Knoll, Bay View Landing, Freeway Reservation, and Jamboree/MacArthur sites shall be designed to be sensitive to existing biological resources. To this end, facility plans and public uses for these areas shall be prepared in consultation with a qualified biologist who shall determine that such plans and uses do not adversely impact sensitive resources identified on these sites (e.g. wetlands, coastal sage scrub, etc.). If necessary, additional environmental documentation shall be prepared at the time facility plans are prepared to determine if significant adverse impacts beyond those anticipated in this Program EIR will occur. If new significant adverse impacts are identified, additional mitigation measures shall be adopted. • 18. Grading,earthmoving,and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South, Bay View Landing, and Newporter North sites shall be restricted as follows: Upper Castaways and Newporter North - No grading (except that necessary for trail establishment and improvements, erosion control or bluff stabilization), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. San Diego Creek i South - No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place below the existing 60 foot elevation contour surrounding the John Wayne Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation of equipment shall encroach • into the hillside above the 25-foot contour of the lower development area. 19. Prior to grading and/or constructing any public facility on the San Diego Creek North site which will encroach into the on-site freshwater marsh, the City of Newport Beach (or other public agency responsible for development of the -55- 00057 •COMMISSIONERS June 18, 1992 MINUTES 0 CITY OF NEWPORT BEACH ROLL CALL INOE public facility) shall approve and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on-site or enhancing and expanding an existing freshwater marsh in or near the San Diego Creek and Upper Newport Bay Ecological Reserve. 20. Prior to grading and/or constructing any residential development or associated improvement on the Upper Castaways site which will encroach into the on-site freshwater marsh,the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on- site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. 21. Prior to grading and/or constructing any residential development or associated improvement on the Newporter North site which will encroach into the on-site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of,a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets sball be achieved by either creating a new freshwater marsh on-site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented • to the City of Newport Beach prior to issuance of a grading permit. 22. Development on the San Diego Creek South site shall be designed so as to reduce the amount of light and glare which could potentially spill over into the wetland habitats -56- 00053 • June 18, 1992 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH CALL INDEX of Bonita Creek and San Diego Creek. This can be achieved by a variety of means including a combination of sensitive siting of lighted buildings; use of lighting systems which conceal the light source and minimize light spillage and glare; screening walls/berms; and dense landscaping along the edge of the development. Any landscaped edge screening shall include non-invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense,evergreen species which,when mixed,achieve canopy and understory of elements to provide as much screening as possible. The site plan and landscape plan for this edge shall be prepared in consultation with a City-approved, qualified biologist. The site plan and landscape plan shall be approved by the City Planning Department prior to issuance of building permits. • 23. Prior to commencing grading, all wetlands habitat in areas intended for preservation shall be temporarily fenced. This measure shall pertain only when grading, stock-piling, or i other construction activities are proposed within 100 feet of the boundaries of the wetland area. A plan identifying the wetland area and the location of the fencing shall be submitted to the City of Newport Beach prior to issuance of any grading permit. 24. This measure shall. apply to the Newporter North, Newporter Knoll,Bay View Landing,Upper Castaways, San Diego Creek South and San Diego Creek North sites. Revegetation of cut and fill slopes, bluff stabilization/remediation areas,fuel modification zones and other graded areas adjacent to existing sensitive habitat areas (e.g. at the edge of development of residential, public facilities, or recreational areas) shall be accomplished with plant palettes containing predominantly native species. Steeper slopes (greater than 2:1) shall be revegetated with . a mixture of coastal sage scrub species including California sage brush which now dominates coastal sage scrub used by California gnatcatchers. Portions of more level areas shall be revegetated with species of native perennial grasses in an attempt to establish native grassland. An expert in landscape revegetation,who is knowledgeable and qualified in native plant mixtures shall-provide consultation into the -57- 00059 bOMMISSIONERS June 18, 1992 MINUTES CITY OF NEWPORT BEACH kOLL CALL INDE preparation of landscape plans to ensure that this measure is.complied with. Landscape plans shall be approved by the City Planning Department prior to issuance of building permits for private development or commencement of grading for public facilities and public recreational uses. 25. All non-emergency grading related to bluff stabilization/remediation on the Newporter North and Bay View Landing sites shall occur during the non-breeding season for the California gnatcatcher. The non-breeding season is from August 1 to January 31. Earth Resources Faulting and Seismicity 26. Buildings four stories in height or higher shall be designed • in accordance with requirements for seismic zone 4 as outlined in Chapter 23 of the Uniform Building Code and/or with the benefit of a site specific seismic ground response spectrum study which would be prepared by the project geotechnical consultant and structural engineer to allow matching of building period with site period. The structural plans and/or ground response study shall be completed to the satisfaction of the Building Department prior to issuance of a building permit. 27. Buildings less than four stories in height shall be designed by a Structural Engineer in accordance with UBC Chapter 23 requirements for Seismic.Zone 4. Non-critical structures shall be designed to withstand strong ground shaking that may accompany a maximum probable earthquake along the Newport-Inglewood Fault. Critical structures(i.e.,hospitals, fire/police facilities, schools, etc.) shall be designed to withstand strong ground shaking associated with a maximum credible earthquake on the Newport-Inglewood Fault. • Structural plans, including seismic design calcula- tions/parameters, shall be approved by the City Building Department prior to issuance of building permits. 28. Habitable buildings shall not be placed adjacent to (above or below) slopes or bluffs where seismic induced slope or -58- 00060 •COMMISSIONERS June 18, 1992 MINUTES 0 CITY OF NEWPORT BEACH CALL INDEX bluff failure could occur. Though the City has established a Bluff Setback Criteria for development on the top-of-bluff (Development Policy D.2.b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability during an earthquake. Areas potentially prone to such failures shall be identified and further evaluated by the project Geotechnical Consultant during the Tentative Tract Map review and Grading Plan review stage. The evaluation shall be prepared to the satisfaction of the Building Department prior to the issuance of grading permits. Grading and building plans shall reflect the recommendations of the evaluation to the satisfaction of the Building Department. . 29. In accordance with the Alquist-Priolo Special Studies Zone Act,a Registered Geologist shall further evaluate and make recommendations regarding the potential for ground surface rupture effecting proposed development on-sites where "Potentially Active Faults" have been identified (Bay View Landing and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the future. The study shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to approval of a tentative tract map or grading permit whichever comes first. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Liquefaction 30. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent • investigations, shall be further evaluated by a geotechnical consultant. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its Possible impact on proposed development. If necessary,the -59- 00061 • �COMMISSIONERS June 18, 1992MINUTES I0R �� CITY OF NEWPORT BEACH ROLL CALL tN0 geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill surcharging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Erosion 31. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance of grading permits. Berms or other catchment • devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. 32. All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the City Grading Engineer prior to the issuance of occupancy permits. 33. Berms and brow ditches shall be constructed to the satisfaction and approval of the City Grading Engineer. Water shall not be allowed to drain over any manufactured slope face. Top-of-slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated ungraded into grading plans to divert su�ciai runoff from gr aded natural areas around future cut slopes: The design of berms and brow ditches shall be approved by the City Grading Engineer prior to issuance of grading permits. -60- 000-62 •COMMISSIONERS June 18, 1992 MINUTES CITY OF NEWPORT BEACH CALL INDEX 34. Prior to the issuance of grading permits, appropriate artificial substances shall be recommended by the project landscape architect and approved by the City Grading Engineer for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the City Grading Engineer. 35. Drainage of both surface and subsurface water over or toward the bluffs on the Upper Castaways and Newporter North sites shall be minimized. Though some drainage of rainwater over the bluff face cannot be avoided, drainage control devices shall be designed to direct excess water from site improvements away from the bluff face. Irrigation shall be controlled to prevent excessive infiltration into the subsurface. The project Civil Engineer shall design grading isplans to minimize surface runoff over the bluff faces. The project Geotechnical Consultant shall provide recommendations to minimize subsurface water migration toward the bluff faces prior to approval of Tentative Tract maps or site plans. All design criteria for the control of surficial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Bluff and Slope Instability 36. The project geotechnieal consultant shall review the tentative tract map and grading plan for each site and prepare a report addressing all salient geotechnical issues related to bluff and slope stability of any existing bluff or slopes. These reports shall include: 1) detailed analysis of field data including surface and subsurface geological mapping;2)laboratory testing results;3)stability analysis of existing bluffs and proposed slopes as illustrated on the tentative tract map or rough grading plan;4) conclusions;5) • recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. -61- 00063 .COMMISSIONERS June 18, 1992 MINUTES 0 CITY OF NEWPORT BEACH LL INOE ROLL CA 37. Prior to the issuance of grading permits, the Project geotechnical consultant and/or civil engineer shall make written recommendations for manufactured slope stabilization including, but not limited to, buttressing, rock bolting,grouting,slope gradient'laybacks,or retaining walls. All necessary recommendations shall be included in the grading plan to the satisfaction of the City Grading Engineer. 38. Though the City has established a Bluff Setback Criteria for development on the top-of-bluff (Development Policy 'D.2.b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Beach Municipal Code section 20.151.080),the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability. Prior to issuance of grading permits, appropriate safe bluff top setback recommendations shall be • determined by the project Geotechnical Consultant based on the evaluation required by Mitigation Measure 3 to the satisfaction of the City Grading Engineer. 39. During grading a geotechnical consultant shall moiritor grading operations to ensure that recommendations for slope instability mitigation are implemented. Additionally, the geotechnical consultant shall evaluate slopes as they are graded through geologic mapping and analysis to ensure that no unanticipated conditions are present. Slope stability mitigation recommendations may require modification during grading. Compliance with this measure shall be verified by the Building Department. 40. Prior to issuance of building permits, the geotechnical consultant shall prepare a Rough Grading Report and As- Graded Geotechnical Map for each graded site at the completion of grading of that site. The Report shall summarize and document compliance with all mitigation • measures. The Rough Grading Report shall include a statement regarding the adequacy of the manufactured slopes for their intended use and a statement regarding the adequacy of the recommended bluff setbacks. The report -62- 00064 COMMISSIONERS June 18, 1992 MINUTES 0 CITY OF NEWPORT BEACH CALL INDEX shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be approved by the City Grading Engineer. Compressible/Collapsible Soil 41. Prior to the issuance of grading permits, written recommendations for the mitigation of compressible/collapsible soil potential for each site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of approval for the site- specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if • necessary, could include: removal and recompaction of identified compressible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site- specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the City Grading Engineer. Expansive/Corrosive Soil 42. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping,laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's . site-specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. -63- 00065 June 18, 1992 COMMISSIONERS MINUTES \0%\N\\ CITY OF NEWPORT BEACH ROLL CALL INDE. Near Surface Groundwater 43. The project geotechnical consultant and/or civil engineer shall prepare written site-specific reviews of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near-surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on existing or future bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the sites and properties adjacent to the sites if dewatering is recommended. The geotechnical consultant •and/or civil engineer's reports shall'be signed by a Certified Engineering Geologist and Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. Water Resources Water Quality 44. Priorto the issuance of grading,permits, the applicant shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. 45. Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the City Grading Engineer and Building Department. . a. An approved material such as straw, wood clips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Air-borne and vehicle-borne sediment shall be controlled during construction by: the regular -64- 0006.S COc�MMISSIONER$ • June 18, 1992 MINUTES %\N\\ CITY OF NEWPORT BEACH 1 . CALL INDEX sprinkling of exposed soils; and the moistening of vehicles loads. C. As approved material such as rip rap(a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrated runoff. d. During the period of construction activity, existing vegetation which will be retained on-site shall be protected from traffic by the use of fences. If appropriate, buffer strips or vegetative filter strips, such as tall stands of grass, can be used as an alternative and/or supplementary method to protect against sediment buildup. • 46. Prior to the issuance of grading permits, the project geotechnicai consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or swales) located at disturbed areas or graded right-of-ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. 47. The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights-of-way, the gravel shall cover the entire width of the entrance, and its length shall be no less than fifty feet. The entrance plans shall be reviewed and approved by the City Engineer and Grading Engineer concurrent with review and • approval of grading plans. 48. The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a'rid a of ravel laced across graded right-of- ways� g 8 P Bi' to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall -65- 00067 COMMISSIONERS June 18, 1992 MINUTES 1\10M1\ 0 CITY OF NEWPORT BEACH ROLL GALL INOElft be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. 49. During grading and construction,the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utilities or roads. The plan,shall be reviewed and approved by the City Grading Engineer. Drainage Patterns 50. Prior to issuance of a grading permit, the master plans of • water, sewer and.storm drain facilities shall be approved by the City Engineer. Any systems shown to be required by the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving Agency. Cultural Resources Archaeology ALL PROJECT SITES 51. All sites shall be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant shall select a City-approved qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery . program shall be submitted to the Planning Department within 90 days of the completed data recovery.program. 52. The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project, to a local institution which has the proper facilities for curation, -66- 00068 COMMISSIONERS • June 18, 1992 MINUTES 0 CITY OF NEWPORT BEACH Rg&CALL I I J INDEX display and'study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. 53. Any excavation of a site located within the Coastal zone of more than two surface meters of dirt shall require a coastal development permit prior to commencing the excavation. All provisions of the California Coastal Commission guidelines shall be complied with. UPPER CASTAWAYS 54. Prior to any grading related to development of the bluff trail • system, open space uses or bluff stabilization which could impact CA-Ora-49 and CA-Ora-186 on the Upper Castaways site, the sites shall be subjected to test excavations by a City approved archaeologist (experienced in both historic and pre-historic archaeology) to determine site integrity, extent and significance. The methodology of the test excavation shall reflect the recommendations contained in the Cultural Resources report prepared for this Program EIR. A report shall be prepared detailing all findings and recommendations and submitted to the Planning Department within 90 days of completing test excavations. BAY VIEW LANDING 55. Prior to issuance of a grading permit, CA-Ora-1098 shall be surface collected and subjected to test excavations by a City approved archaeologist to determine site integrity, extent and significance. A report shall be prepared detailing all • findings and submitted to the Planning Department within 90 days of completing test excavations. 56. Prior to grading for the new park, the project sponsor shall retain a City approved archaeologist to conduct a surface collection and subsurface test excavation of CA-Ora-66 to determine site extent, integrity and significance. A report -67- 00069 COMMISSIONERS 0 0 June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INO shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. 57. Prior to grading for the view park,the project sponsor shall retain a City approved archaeologist to place a test unit on top of the knoll on the Bay View Landing site in the area containing shell scatter, to determine if the shell is representative of a subsurface archaeological deposit. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the test excavation. NEWPORTER NORTH 58. Prior to the use or development of the open space areas for passive recreational uses, CA-Ora-51 and CA-Ora-518 on • the Newporter North site shall be surface collected and subjected to test excavations to determine site extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. - 59. Prior to the issuance of a grading permit,the applicant shall conduct a surface collection of the eastern extension of CA- Ora-100 which would be impacted by grading and/or development of residential uses. The surface collection shall be conducted by a city approved archaeologist. A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of completing the surface collection. 60. Prior to the issuance of grading permits, the applicant shall conduct a data recovery of program CA-Ora-64 on the Newporter North site. The program shall be conducted by a City approved archaeologist. A report shall be prepared . detailing all findings and submitted to the Planning Department within 90 days of completing the data recovery program- 61. Prior to issuance of a grading permit for residential development or any bluff stabilization, a qualified -68- 000i0 • • June 18, 1992 MINUTES COMMISSIONERS %\�N\\ CITY OF NEWPORT BEACH R ALL INDEX archaeologist shall review grading and drainage plans to determine if there are any indirect or direct impacts to CA- Ora-51, 52 and 518. If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings .and submitted to the Planning Department within 90 days of completing test excavations. NEWPORTER KNOLL 62. Prior to any grading or use of the site, the City shall conduct a surface collection of archaeological material present on the top of the hill of the Newporter Knoll, with test units placed on the hill to determine site significance and boundaries. One unit shall be placed in the recorded area of CA-Ora-50 to determine if a portion of the site still . exists. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing surface collection test excavation. BLOCK 800 63. Prior to the issuance of a grading permit a qualified City approved archaeologist shall conduct a surface collection of CA Ora-136 on the Block 800 site and subject the site to test excavations to determine site extent and significance. A test unit shall also be placed in the northern portions of the parcel to determine if a sub-surface midden is under the asphalt and trash. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. CORPORATE PLAZA WEST 64. Prior to the issuance of a grading permit, a City approved • qualified archaeologist shall dig post holes in the areas containing surface shell on the Corporate Plaza West site to determine if the shell represents sub-surface archaeological deposits. A report shall be prepared detailing all findings and submitted,'to the Planning Department within 90 days of completing sub-surface testing. -69- 00071 •COMMISSIONERS June 18, 1992 MINUTES � o CITY OF NEWPORT BEACH ROLL CALL lNDE 65. Prior to the issuance of grading permit,the surface near the southern section of the property shall be examined by a City approved qualified archaeologist after removal of brush and prior to any ground disturbance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. FREEWAY RESERVATION 66. Prior to issuance of a grading permit for the northern development area (Lot 2), a City approved qualified archaeologist shall examine the surface of areas previously identified as CA-Ora-216. The examination shall be conducted after removal of brush but prior to grading. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing • the surface examination. Paleontology 67. Prior to the issuance of grading permits, a,collection plan shall be prepared and implemented by a City approved, qualified paleontological monitor for known exposed fossil localities on Bay View Landing, Newporter North, and Upper Castaways. Because of the small nature of some fossils present in these rock units, matrix samples shall be collected for processing through fine mesh screens. The collection plan shall be reviewed and approved by the Planning Department. 68. Prior to the issuance of grading permits, the applicant shall make ,provisions for the preparation and curation of all fossils possibly recovered from the sites during grading. This shall be done in a manner approved by the City's Planning Department. 69. Prior to the issuance of grading permits, the applicant shall identify a repository approved by the City's Planning Department which shall receive all fossils collected from the sites. -70- 00072) i COMMISSIONERS June 18, 1992 MINUTES CITY OF NEWPORT BEACH R CALL INDEX 1! 70. Cliff faces along Upper Newport Bay that have served as a reference section for micro-paleontological studies should be protected from alteration. If bluffs along Newport Bay need to be altered for bluff stabilization purposes, detailed measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of these efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the comparative study and sampling. A report shall be submitted to the Planning Department within 90 days. Law !Enforcement 71. The project proponent shall work in conjunction with the City of Newport Beach Police.Department to ensure that crime prevention features are included in building design • and construction. The City of Newport Beach Police Department shall review all site plans and access plans. Water 72. Prior to issuance of grading permits for the development sites, the applicant shall be responsible for preparation of a Master Plan of Utilities. The Master Plan of Utilities will determine any necessary expansion of facilities and/or any modifications, upgrades or extensions to the existing water systems resulting from this project. All necessary expansions of facilities and/or upgrades or extensions of existing water systems needed as a result of the project will be the responsibility of the developer,unless current district or City policies dictate otherwise. The plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. Wastewater • 73. Prior to issuance of grading permits, the developer will provide a Master Plan of Utilities facilities for the on-site development in order to determine the exact necessary modifications or extensions to the existing sewer systems, if needed. All necessary expansions of facilities and/or upgrades or extensions of existing water systems needed as -71- 000 73 COMMISSIONERS • June 18, 1992 MINUTES ,e C CITY OF NEWPORT BEACH ROLL CALL J I INOE r a result of the project will be the responsibility of the developer, unless current district or City policies dietau, otherwise. The Plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. B Development Agrument No. 6 Findings: 1. That the Development Agreement is in compliance with California Government Code Section 65864 et seq. and Newport Beach Municipal Code Chapter 15.45. 2. That adoption of the Development Agreement would' not preclude the City from conducting future discretionary reviews in connection with the project,nor would it prevent • the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. Condition: 1. Once every 12 months from the date of execution of the Development Agreement, the project proponent or his successor in interest shall prepare and submit for review by the City Council a report demonstrating compliance with the terms of the Agreement,as required by Section 15.45.070 of the Newport Beach Municipal Code. Finding§: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and • afternoon peak hour traffic and circulation system in accordance with Chapter 15A0 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the project is a comprehensive phased land use development.and circulation system improvement plan with -72 00074 - COMMISSIONERS June 18, 1992 MINUTES %0 \\N CITY OF NEWPORT BEACH ia CALL INDEX construction of all phases not ay4cipated to be completed within 60 months of project approval. 3. That the project is the subject of a development agreement which requires the construction of major improvements early in the development program. 4. That the Land Use and Circulation Elements of the Newport Beach General Plan are not made inconsistent by the impact of traffic generated by the project in that the project proposed eliminates certain planned and anticipated development through the dedication of certain sites for permanent open space, and the other development sites are to be developed consistent with or less than that allowed by the General Plan. • 5. That an unsatisfactory level of service will not be caused or made worse at any intersection for which there is an identified improvement. 6. That the benefits to the circulation system resulting from the major improvements substantially outweigh the increased, traffic at impacted but unimproved intersections. 7. That there is an overall reduction in ICU at impacted intersections, taking into account peak hour traffic volumes at those intersections, and that the reduction is caused by the improvements associated with the project. i i Conditions: 1. That the Irvine Company shall make available to the City the monies specified for circulation system improvements consistent with the provisions of Development Agreement No. 6. . 2. That the City of Newport Beach shall utilize the monies provided by The Irvine Company to construct in as timely manner as possible major circulation system improvements. These improvements shall be designed to insure that the anticipated overall improvement in ICU anticipated in the traffic study is achieved. -73- 000'73 • June 18, lm MINUTES COMMISSIONERS CITY OF NEWPORT BEACH ROLL CALL INDD, Amendment No. 763 Adopt Resolution No. 1300 recommending City Council approval of Amendment No. 763. E. :Amendment No. 764 Adopt Resolution No. 1301 recommending City Council approval of Amendment No. 764. F, Amendment No. 765 Adopt Resolution No. 1302 recommending City Council approval of Amendment No.765. G. Amendment No. 766 Adopt Resolution No. 1303 recommending City Council • approval of Amendment No.766. H Amendment No. 767 Adopt Resolution No. 1304 recommending City Council approval of Amendment No.767. i Amendment No. 768 Adopt Resolution No. 1305 recommending City Council approval of Amendment No.768. J, Amendment No. 769 Adopt Resolution No. 1306 recommending City Council approval of Amendment No.769. K. Amendment No. 770 • Adopt Resolution No. 1307 recommending City Council approval of Amendment No. 770. -74- 00070 • June 18, 1992 COMMISSIONERS MINUTES 1�\O� \N CITY OF NEWPORT BEACH CALL INDEX Amendment No. 761 ftblic Hearing) Item No.4 Request to consider an amendment to Title 20 of the Newport A761 Beach Municipal Code as it pertains to the design of permitted bay window and greenhouse window encroachments into required yard (Res. setbacks in residential districts. No. 1308) INITIATED BY: The City of Newport Beach Approved In response to a question posed by Commissioner Debay, William Laycock, Current Planning Manager, explained that greenhouse windows are allowed on second floors in the front and rear yards, but they are not allowed in the side yards unless approved by the Modifications Committee. The public hearing was opened in connection with this item. There • being no one to appear and be heard,the public hearing was closed at this time. Motion * Motion was made and voted on to approve Amendment No. 761 All Ayes (Resolution No. 1308) recommending to the City Council the changes to Title 20 of the Newport Beach Municipal Code. MOTION CARRIED. s s ■ DISCUSSION ITEM: Disc. Item Amendment No. 762 No. 1 Request to consider amendments to Title 20 of the Newport Beach A762 Municipal Code pertaining to permitted height, number and yard — encroachments of accessory buildings in residential districts. PH Set Motion * Motion was made and voted on to set this item for public hearing l es on July 23, 1992. MOTION CARRIED. -75- 00077 1 COMMISSIONERS June 18, 1992 MINUTES ' A CITY OF NEWPORT BEACH ROLL CALL INDE ADDITIONAL S; Addl Business Motion was made and voted on to direct staff to prepare an Motion * amendment to Title 20 of the Municipal Code for Commission All Ayes review so as to revise the power and duties of the Modifications Committee regarding the heights of chimneys. MOTION CARRIED. 12:47 am. Adjourn tta NORMA GLOVER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -76- 000'78 • ATTACHMENT 2a Planning Commission Meeting June 18. 1992- Agenda Item No. 3 • C1TY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A.. Develwment Agmement No 6 (Public Hearing). Request to adopt a Development Agreement for the Circulation Improvement and Open Space Agreement for eleven sites in the City of Newport Beach. The proposal also includes the acceptance of an environmental document. AND B. Traffic Study No 8 (Public Hearin ) Request to approve a traffic study consistent with the provisions of • Chapter 15.40 of the Newport Beach Municipal Code for eleven sites addressed in the Circulation Improvement and Open Space Agreement. AND C. Amendment No 763 (Public Hearing) Request to amend the Harbor View Hills Planned Community District Regulations and Development Plan so as to allow for the construction of 48 additional dwelling units. LOCATION: Property located at 1501 Ford Road, adjacent to the easterly side MacArthur Boulevard, between Ford Road and San Joaquin Hills Road, in the Harbor View Hills Planned Community. ZONE: P-C • AND D. Amendment No 764 (Public Hearing) Request to adopt Planned Community District Regulations and Development Plan for Upper Castaways. This request would provide for the construction of 151 dwelling units. 00081 TO: Planning Commission- 2 LOCATION: Property located at 900 Dover Drive, on the southeasterly side of • Dover Drive between the Westcliff Drive and West Coast Highway. ZONE: P-C AND E. Amendment No. 765 (Public Hearing) Request to adopt Planned Community District Regulations and Development Plan for Newporter 'North/Newporter Knoll. This request would provide for the construction;of 212 dwelling units on Newporter North and open space on Newporter Knoll. LOCATION: Property located at 1501 Jamboree Road,on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort. ZONE: P-C • AND F. Amendment No. 766 (Public Hearing) Request to amend the North Ford Planned Community District Regulations and Development Plan.so as to allow for the construction of 300 additional dwelling units. LOCATION: Property located at 3200 University Drive, on the northeasterly corner of Jamboree Road and University Drive South, in the North Ford Planned Community. ZONE: F-C AND G. Amendment No 767 (Mic Hearing) • Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sgft. restaurant or a 40,000 sq.& athletic club. 00082 TO: Planning Commission - 3 • LOCATION: Property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. ZONE: Unclassified AND H. Amendment No 768 (Public Hearing) Request to amend portions of Districting Maps No. 44 and 66 so as to reclassify property from the U (Unclassified) District to the P-C (Planned Community) District. The proposal also includes a request to adopt Planned Community District Regulations and'Development Plan so as to provide for open space and public facility use of the subject property. LOCATION: Property located at 3600 Jamboree Road,bounded by Jamboree Road, • MacArthur Boulevard and SR 73, and property known as San Diego Creek North located at 3500 Jamboree Road, bounded by the San Diego Creek, Jamboree Road and SR 73. ZONE: Unclassified AND I Amendment No 769 (Public Hearing) Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction of 245 dwelling units or senior citizen housing. LOCATION: Property located at 855 San Clemente Drive, on the southeasterly corner of San Clemente Drive and Santa Barbara Drive, in Block 800 of Newport Center. • ZONE: P-C AND J Amendment No 770 (Public Hearing) Request to amend a portion of Districting Map No. 48 so as to reclassify property from the O-S (Open Space) and Unclassified Districts to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for 00083 TO: Planning Commission - 4 the Corporate Plaza West Planned Community. This request would allow for the construction of an additional 94,000 sq.ft. of office • development (115,000 sq.ft. total). LOCATION: Property located at 1050 Newport Center Drive, on the northwesterly corner of East Coast Highway and Newport Center Drive,across from the Corporate Plaza Planned Community. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant APPLICATIONS The various applications under consideration will, if approved provide vested entitlement for eight sites owned by The Irvine Company(TIC) throughout the City of Newport Beach. Additionally,three sites currently owned by TIC will be zoned and dedicated for open space • and,public facility use. The approvals include a development agreement, a traffic study and eight amendments to rezone property and adopt or amend Planned Community District Regulations. Regulations regarding the adoption of Development Agreements are contained in Chapter 15.45 of the Newport Beach Municipal Code. The adoption of Traffic Studies are governed by Chapter 15.40 of the Code and by Council Policy S-1. Regulations regarding Amendments are in Chapter 20.84, and procedures for the adoption of or .amendments to Planned Communities are in Chapter 20.51 of the Code. GENERAL PLAN CONFORMANCE All of the proposed actions are consistent with existing General Plan land use designations, and represent the implementation ofzoning entitlements for these properties. The specific designations for the subject sites are discussed below. Harbor View Hilis/Freeway Reservation: The Land Use Elemeadesignates this site for 76 single-family attached units. The proposed PC amendment allows for the construction of 48 dwelling units and is consistent with this designation, and also accommodates the . widening of MacArthur Boulevard as provided in the Circulation Element. JIgger Castaways: The Land Use Element designates this property for a maximum of 151 dwelling units. Although the Land Use Element Map shows this as single-family detached, other residential development types are also permitted. The bluff areas are designated as Recreational and Environmental Open Space. The proposed PC development plan is consistent with these designations, as well as the future widening of Dover Drive as anticipated in the Circulation Element. 00084 s � TO: Planning Commission - 5 • Nowrter Nortti/N mrter Knoll: The Newporter North property is designated for a maximum of 212 single-family attached units in the Land use Element, although residential product types are permitted. The bluff areas, as well as the Newporter Knoll, are designated Recreational and Environmental Open Space. The proposed PC regulations are in conformance with these designations. North Ford/San Drew Creek South: This site is designated for Multi-Family Residential use with a maximum of 300 dwelling units, 20 percent of which shall be affordable units. The proposed PC amendment conforms to this designation. Bawiew Landing: This site is divided into two portions by topography. The upper portion, near the intersection of Coast Highway and Jamboree Road, is designated for Recreational and Environmental Open Space and is intended to be used for a view park, with a trail staging area for pedestrians and bicyclists, restrooms, and picnicking areas. The lower portion of the property, near Backbay Drive, is designated for Retail and Service Commercial with an allocation of 10,000 square feet of restaurant use or 40,000 square feet of athletic club use. The proposed PC regulations are consistent with these designations. San Diego Creek North and Tamboree/MacArthur, The San Diego Creek North site is • designated for Administrative,Professional and Financial Commercial use with an allocation of 112,000 square feet. A 2.5-acre fire station site is also designated on this parcel. The Jamboree/MacArthur property is designated for Administrative,Professional and Financial Commercial use with a floor area ratio limit of 0.25 (approximately 50,000 square feet). The proposed amendment would restrict these sites to public facilities and open space, and would eliminate all office development entitlements. Block 800: Block 800, within Newport Center, is currently designated for 245 multi-family units in the General Plan. The proposed planned community regulations would allow a maximum of 245 apartments, condominiums, or senior citizen housing with ancillary skilled nursing areas and recreation facilities. The proposed PC regulations are consistent with this designation. As provided by the General Plan, senior citizen housing developments exceeding the established dwelling unit limit may be approved with a finding that the project is of particular benefit to the city and the traffic generated by the project is no greater than the predominant use allowed in the area. Grate Plaza West: The Corporate Plaza West property in Newport Center has a General Plan designation for an additional 94,000 square feet of office development on the . remaining undeveloped 9.0-acre portion of the site. The proposed PC regulations would allow a variety of office and commercial uses consistent with the 94,000-square-foot General Plan entitlement. Nmorter Resort: This property is currently developed with 411 hotel rooms, and has a General Plan designation for an additional 68 hotel rooms. The proposed action would provide entitlement for a maximum of 479 hotel rooms. 00085 TO: Planning Commission - 6 ENVIRONMENTAL SIGNiFTCANCE In accordance with the California Environmental Quality Act (CEQA), the State CEQA • Guidelines and City Council Policy K 3,a Draft Program Environmental Impact Report has been prepared for the proposed project. The Draft EIR addresses the potential environmental impacts and mitigationmeasures related to the proposed actions to the extent possible based on the level of detail currently available, and subsequent environmental analysis may be necessary when detailed site plans are submitted. As a result of subsequent analyses,additional mitigation measures may be proposed and adopted. The Draft EIR also evaluates alternatives to the proposed actions. The 45-day public review period for the DEIR began on June 4 and will end on July 20. The Draft EIR evaluates the project's potential impacts, including cumulative impacts in connection with other past and future projects,in the areas of land use, aesthetics/light and glare, transportation, air quality, noise, biology, earth resources, water resources, housing, cultural resources, and public services/utilities. The Draft EIR states that no significant impacts would result from the project in the following areas: land use, light/glare, noise, earth resources, housing, cultural resources, and public services other than fire protection. Although no significant.direct project impacts would occur in the areas of traffic,air quality and water quality, the project would contribute to significant cumulative impacts in these • areas. Direct unavoidable significant adverse impacts as well as cumulative impacts would be expected in the areas of aesthetics (loss of open space and visual resources at Upper Castaways and Newporter North) and biological resources (loss of habitat at Newporter North and Bayview Landing). A temporary significant impact in the area of fire protection would result until a new fire station is constructed to serve the northern portion of the city, In.addition to the evaluation of project impacts, Chapter VI of the DEIR describes a wide variety of alternatives to the proposed project, as required by CEQA. The purpose of this analysis is to determine whether there are any feasible alternatives that could accomplish the objectives of the project while reducing or eliminating significant impacts, even if those alternatives would be more costly. Of the seven major alternatives analyzed, two were found to be infeasible and were eliminated from further consideration by staff. Of the five remaining alternatives, only the design alternative for an additional active park at Bayview Landing was found to be environmentally superior to the proposed project due to an increase in active park facilities. This alternative would partially conflict with the objectives of The Irvine Company, however. None of the other.feasible alternatives were found to substantially reduce the adverse impacts of the project as proposed. ANALYSIS CIRCUr ATION IMPROVEMENT AND OPEN SPACE AGREEMENT (DEVELOPMENT AGREEMENT NO. 6) Bac ound. On November 27, 1989, the City Council adopted Resolution No. 89-136 establishing the Circulation Buildout City Council Ad'Hoc Committee. This Committee was established to work with The Irvine Company (TIC) and City staff in the development ob 0 0 8 t' TO Planning'Commission - 7 a comprehensive approach to entitlement of certain undeveloped TIC properties consistent • with the General Plan in association with the establishment of a funding mechanism for the construction of important components of the circulation system. Through the course of these discussions, a program of open space and public facility dedications was identified. The agreement is, therefore, called the Circulation Improvement and Open Space Agreement, and consists of three major components: 1. The entitlement of eight sites owned by The Irvine Company in the City of Newport Beach at a level equal to or less than the General Plan Land Use Element allocation. The sites proposed for vesting entitlement are: Upper Castaways, Bayview Landing,Newporter Resort,Newporter North,Corporate Plaza West,Block 800 (Newport Center), San Diego Creek South and Freeway Reservation East. Two sites would be zoned for open space uses: Newporter Knoll and Jamboree/MacArthur. One site, San Diego Creek North will be zoned for open space or public facility uses. 2. Advance funding of circulation system improvements through the prepayment of Fair Share Fees, the commitment to frontage improvements, and the advance of additional funds, with a total commitment of $20.6 million plus an additional . $500,000 for MacArthur Boulevard improvements in the City of Irvine. Funds loaned to the City (the advance) would be interest free, and would be paid back to TIC through a return of 50% of Fair Share Fees collected by the City for a twenty year term. If the advance of funds is not completely paid after twenty years, the remainder of the debt would be forgiven. 3. The dedication to the City of land for park, open space, and public facility uses. Three entire sites would be dedicated: Newporter Knoll, San Diego Creek North and Jamboree/MacArthur. Substantial portions of five additional sites would also be dedicated: Upper Castaways, Bayview Landing, Newporter North, .San Diego Creek South and Freeway Reservation East. No dedication would occur on Corporate Plaza West, Block 800 - Newport Center or the Newporter Resort sites. The agreement under consideration is a development agreement to be adopted pursuant to Chapter 15.45 of the Newport Beach Municipal Code. The agreement sets forth the legal framework, requirements and obligations of both parties to achieve the entitlement (for TIC), and the land dedication and circulation funding (for the City). One item of interest is the effective date of the agreement. In this case, the effective date is not the date of . approval, but is the first date upon which all of the following have occurred: 1. final approval by the California Coastal Commission,2. the CEQA challenge period has expired or, if a lawsuit is filed, a final judgement upholding the agreement has been entered, and 3. the City has issued a grading or building permit for development of the property other than potential senior citizen housing development on Bayview Landing,development on the southerly parcel of Freeway Reservation East,senior housing development on Block 800 or hotel development on the Newport Resort. The agreement does make provisions for the City to make use of the circulation funds prior to the effective date of the agreement if certain conditions are met. 00087 r . TO: Planning Commission- 8 The agreement can be terminated if any county,state or federal law,rule,regulation or plan precludes compliance with one or more provisions of the agreement. The agreement may • also be terminated if either party defaults on their obligations pursuant to the agreement. If the Company elects termination of the agreement upon default by the City, there are provisions for repayment of circulation funds paid to the City pursuant to the agreement. It is important to understand that this provision could be a substantial General Fund obligation, in that the obligation is based upon the development remaining and shall be repaid in four years. Suagcsted cbanQes In reviewing the agreement,there is one additional provision which the staff would suggest. In regards to the Upper Castaways and the Newporter North parcels, the development areas defined in the P-C Texts do not address the fact that there are some erosional swales which would result in an uneven development area boundary due to the provisions of the bluff top setback provisions of the Municipal Code. A provision should be incorporated to allow the use of the new top of slope if The Irvine Company repairs the bluff in these areas. Project Alternatives. Since the development of the original project description, two potential alterations to the project description have been proposed. These changes related to the permitted land uses on Bayview Landing and the open space dedications on San . Diego Creek North. Bayview Landing. The City has expressed an interest in achieving some affordable senior citizen housing, and The Irvine Company has indicated that it would be possible to provide this use on the Bayview Landing site. If this use were authorized, it would require an amendment to the Land Use Element of the General Plan since this option also includes transfer of commercial entitlement to Fashion Island. In considering this option, the Commission should consider the impact of greater structural intensity on the site(estimated at 100,000 sgft.) and the proximity of the site to support uses such as shopping and medical areas. It should be noted that the EIR includes another,option for the Bayview Landing site. This would involve the transfer of the development to Fashion Island and the designation of the lower Bayview Landing site as a neighborhood park. This is considered an environmentally superior alternative. i The action of the Planning Commission will, therefore, include a determination of the permitted land uses. The options are: 1. The proposed project (restaurant or athletic • club),2. the designation of the site for senior citizen housing facilities and transfer of 30,000 sgft. to Fashion Island (requiring initiation of a General Plan Amendment), or 3. transfer development to Fashion Island and designate the site for open space. San Diego Creek North. This topic was raised as part of a concern of the City staff regarding the disposition of the Newport Village site, since this action would be the last entitlement action in Newport Center. Staff requested the City Council Ad Hoc Committee to consider a requirement to dedicate the remainder of the Newport Village site as part of this action. The Irvine Company has responded with an agreement to dedicate the Newport 00088 • TO: Planning Commission - 9 ✓ Village site if it could maintain its ownership of the portion of San Diego Creek North • between the Creek and the Bayview Way extension. This would not alter the permitted land uses for the site, but would allow TIC to dedicate the site to the Transportation Corridor Agency (TCA)for mitigation and restoration as a wildlife corridor. In the view of the City staff, this is 'ruin-win" proposal. The City will get the additional open space on Newport Village,removing any potential for re-entitlement in the future, and the site adjacent to San Diego Creek will be restored as originally proposed, but with the TCA gaining ownership, including maintenance and liability. TRAFFIC STUDY A comprehensive traffic study was prepared in conjunction with the environmental review of the project, including a long range analysis of the overall program and an analysis as required by Chapter 15.40 of the Newport Beach Municipal Code [Traffic Phasing Ordinance (TPO)]. Tag Range Traffic Ana is. The traffic study prepared for the Environmental Impact Report includes an analysis of the • long term implications of the proposed development. Using the Newport Beach Traffic Analysis Model developed for the City by Austin-Foust and Associates, the specific project is not shown to have any impacts beyond those associated with the long term build-out of the General Plan. In order to address the circulation system improvement requirements associated with the build-out of the General Plan, the City has established two circulation system funding programs. These are the Traffic Phasing Ordinance (TPO) and the Fair Share Traffic Contribution Ordinance. This project is required to comply with both these Ordinances,and does so through the circulation funding program adopted as part of the Circulation Improvement and Open Space Agreement. Traffic Phasing Ordinance Analysis. This project is the first to be processed pursuant to specific provisions of the Traffic Phasing Ordinance for a project which is a phased land use development and circulation system improvement plan with construction of all phases not anticipated to be complete within 60 months from the date of approval, is the subject of a development agreement resulting in . the early completion of major improvements,and includes a traffic study which demonstrates compliance with the TPO for early phases of the development, the Land Use and Circulation Elements remain consistent as a result of the improvements, substantial improvements are made as a result of the project These improvements must be of a nature such that 1.an unsatisfactory level of service is not caused or made worse at any intersection for which there is a feasible improvement, 2. the benefits to traffic circulation from the improvements substantially outweigh the increased traffic congestion at impacted but unimproved intersections and 3. there is an overall reduction in ICU at impacted intersections. 0008 ' TO; Planning Commission - 10 This project is not anticipated to be complete within G0 mofuWsr R?td l4 tb4 sulpject R a development agreement as regl*cd by the TPO. Major fMtn' f0t the P-urpo&e P.f • making substantial circulation system improvements will be tale gaFly iut t g pro$tapt, specifically, as soon as the City can prepare Projects for coi#4t4'ttOQ 4 494sls4t4 w,4 *0 needs of the program, These funds will,also Play a major TWO ii} the 010 AOMty additional fund%from various sonr4o&which typically require the prP*19P of r Rteh4 flw�s (such and Prop. I11 and Measure M fuucls)- The chart on the following page (excerpted from the EM page 17$) summaWs the net benefit analysis- 'The Commission should compare column}1 -NO Pr O*4 4P fmprgvepunts with column a - With project, with improvements. These figures are for the year 2000. Column 5 shows the improvement in ICU,and concludes that the overall f CU benefit J the AM peak hour'is 1.32 and the over all benefit in the PM peak h9W 1§ ).21. I*project, therefore, complies with the provisions of the Traffic Phasing,Ordinance. It is important to note that the project defines certain improvements tq the circulation system,but does not specifically require that those specific improvements be marls. The on going monitoring of the development agreement and mitigation measures will ,req*o the City to review.the ultimate improvement-program for compliance with the aptidpated L OS improvements defined in the traffic study and required by thg TPO. . • 00090 TABL NET BENEFIT TO CIRCULATION I& DUE TO THE PROJECT • (YEAR 2000) 3.WITH 4.VAMNO t 1.NO PROJECT 2.PROJECT' PROJECT PROJECT S.ICU NET IMPROVEMOI TIS IWACT NO Wl'1H CHANOB IMPROVEMFNTS IMPROVECEM ETI71 LOMON AM PM AM PM AM PM AM PM AM PM 6.PROIECC IMPROVHMI!MS 7. Riverside&CH .99 1.13 .02 .01 1.01 1.14 .90 .88 .09 .2S Separate SBR. 9. MacArthur&Campus .64 1.11 .02 .01 .66 1.12 .66 1.12 -.02 -.01 No Direct Improvements. 13. Jamboree&Campus .92 .74 .00 .00 .92 .74 .92 .74 .00 .00 No Direct Improvements. 15. Campus&Bristol N .78 1.05 .01 .00 .79 1.05 .79 1.05 -.01 .00 No Direct Improvements. 16. Birch&Bristol N .73 1.04 .00 .00 .73 1.04 .73 1.04 .00 .00 No Direct Improvements. 17. Campus& Bristol S .93 .97 .00 .00 .93 .97 .93 .97 .00 .00 No Direct Improvements. 18. Birch&Bristol S .62 .92 .00 .01 .72 .93 .62 .93 .00 -.01 No Direct Improvements. 19. Irvine&Mesa .69, 1.00 .01 .00 .70 1.00 .70 1.00 -.01 .00 No Direct Improvements. c 20. Irvine& University .70 .89 .01 .00 .71 .89 .71 .89 -.01 .00 No Direct Improvements. 24: Irvine&Westcliff/17th .82 .93 .01 .01 .83 .94 .63 As .19 .08 Second EBL y O 27. Dover&Bayshore/CH .96 .89 .01 .01 .97 .90 .97 .90 -.01 -.01 No Direct Improvements. 3 i 28. Bayside&CH S5 .84 .01 A .96 .84 .96 .84 -.01 .00 No Direct Improvements. � 29. MacArthur&Jamboree .78 1.64 .02 00 .80 1.04 .80 1.04 -.02 .00 No Direct Improvements. 34. Jamboree&University .88 1.27 .03 .05 .91 132 .72 .97 .16 30 Second SBI,Fourth NBT. 35. Jamboree&Bison .94 .89 .03 .03 .97 .92 .97 .92 -.03 -.03 No Direct Improvements. • 37. MacArthur&Bison .95 .94 .00 .01 .95 _ .95 .77 .84 .18 .10 Second NBL,Fourth NBT. 39. MacArthur&Ford 1.03 1.01 .01 .01 1.04 1.02 .66 .84 37 .17 Second BIFourth SBT, WB 45. MacArthur&SIH Rd .79 .94 .00 .00 .79 .94 55 .88 .24 .06 Third SBT,Separate WBR. 46. MacArthurMiguel &San .94 1.04 .01 .00 .95 1.04 .73 .73 .21 31. Budd�Third SBT, Total ICU reduction to the Circulation System with the pro)ect(Net Benefit) 132 1.21 South Austin-Foust Associates,Inc. ICU = Intersection Capacity Utilization N : North SIH Rd,=San Joaquin Hills Road SBL = South Bound Left SBT=South Bound Through `. : Caea Highway S'= South EBL= East Bound Left NBT= North Bound Through WBT=Weir Bound Through _O I • r TO: Planning Commission - 12 ZONING AMENDMENTS The proposed project includes eight zoning amendments, which consist of revisions to • existing Planned Communities or adoption of new Planned Communities. These amendments are discussed individually below. Amendment 763• Harbor View Hills PC flD3 v�v Reservation) This 28.3-acre property is currently part of the Harbor View Hills PC,although specific site uses and development standards have not been established. The General Plan designates this site for 76 residential units. The proposed PC amendment would designate this property for 48 Low-Medium Density units on an 11-acre portion of the site (4.4 DU/acre). A minimum lot size of 5,000 square feet would also be established. The 17.3-acre remainder of the site is proposed for open space and future right-of-way for the widening of MacArthur Boulevard. Some of the proposed key development standards are summarized below. Max. building height 32,feet Min. setbacks • Street 15 feet (major) / 10 feet (local) Side 5 feet Rear 20 feet Amendment 764: Upper Castaways The 56.6-acre Upper Castaways site is presently allocated 151 residential units in the General Plan. The current zoning designation is Planned Community, although no PC regulations were previously adopted. As part of this project, PC regulations would be adopted designating this property for 151 dwelling units on 26.0 acres,with an 11.5-acre view park, a 4.8-acre Active park, and 14.3 acres for open space and Dover Drive right-of-way. Permitted residential types would include single-family detached, townhouses and condominiums with ancillary recreation facilities. The Upper Castaways property is located within the coastal zone, and the adopted Local Coastal Program identifies a public bikeway/walkway along the blufftop with Access from Dover Drive and/or Westcliff Drive. The proposed PC regulations include a provision that the design of such trails shall be subject to approval by the Public Works, Planning, and . Parks, Beaches and Recreation departments. The proposed PC regulations would also require compliance with the City's affordable housing policies, and off-site compliance would be permitted. Some of the proposed key development standards are summarized below. Max. building height 32 feet 00092 TO: Planning Commission - 13 Min. setbacks • Street 35 feet (Dover Dr.) / 10 feet (internal) Garage 5-7 feet or 18 feet Side 5 feet / 0 (if 10 feet between buildings) Rear 10 feet ISM Bluffto setbacks: One of the major issues relevant to this project is the General Plan policy concerning preservation of coastal bluffs. The Land Use Element provides that minimum blufftop property line setbacks of 40 feet, or as determined by a projected 2:1 slope angle from the base of the bluff, whichever is greater, shall be maintained. In addition, a 20-foot building setback from any blufftop property line is required. This policy also provides that the Planning Commission may increase or decrease this minimum building setback if it is consistent with the purposes of this policy. The proposed PC regulations submitted by The Irvine Company would allow grading for manufactured slopes to encroach up to 20 feet into the required blufftop property line setback,and would also allow building pads adjacent to bluff areas to be raised as much as 10 feet above natural grade. It is the opinion of staff that this encroachment is not desirable due to the steepness of the slope and • magnitude of the encroachment. This proposal would result in only 20 feet for walkways and other usable open space. The Office of the City Attorney has also expressed a concern related to liability. Based on discussions with the Director of the Parks, Beaches and Recreation Department, staff does not believe the requested manufactured slope encroachment would be inconsistent with the intent of the General Plan policy as long as the average slope ratio is limited to 4:1 and sensitive grading techniques are utilized (e.g., slope rounding),with grading plans subject to review and approval by the Planning,Building and PB&R departments. A 4:1 slope is relatively gentle and could still be used by the public. Staff has no objection to the proposal to allow building pads to be raised not more 10 feet. Park and church access and parkin¢: The PC regulations proposed by The Irvine Company would permit this project to be a private, gated community with no public access from 16th Street. In recent discussions regarding preliminary site plans with representatives of the Newport Harbor Lutheran Church, concerns have been expressed regarding how the proposed access and parking for both-the passive and active parks might adversely affect the church. This is an issue of concern to staff as well, and it must be resolved either prior to or concurrent with the approval of the subsequent Site Plan Review and Tentative Tract . Map. Staff is continuing to work with the applicant and the church in an attempt to resolve these concerns. Amendment 765: Newnorter NorthMMorter Knoll These two sites are separated by John Wayne Gulch and are proposed to be combined into a single planned community with a total of 89.2 acres. The 77.2-acre Newporter North site has a General Plan designation for 212 residential units. The General Plan designates the Newporter Knoll site as open space. The proposed PC regulations would allow 212 units on 30.0 acres of the Newporter North site,with a 4.0•acre view park and 43.2 acres for open 0,009.3 TO: Planning Commission - 14 space and future road right-of-way. Allowable building types would include single-family • detached,townhomes,condominiums,apartments,and ancillary recrea00081 uses. The 124- acre Newporter Knoll site would be designated passive open space in the PC regulations. Some of the proposed key development standards are summarized below. Max. building height 32 feet Min. setbacks Street 35 feet (major) / 10 feet (intgrp8l) Garage 5-9 feet or 1.9 feet Side 5 feet/ 0 (if 10 feet betwee0 buildings) Rear 10 feet b= �] op etbacks: The proposed PC regulations submitted by The Irvine Company contain the same provision that would allow encroachment of manufactured slopes into blufftop setback areas, as well as the allowable increase in pad elevations discussed previously for the Upper Castaways property. The same analysis would apply W this propM Vt . Biological impacts: The land use plan contained in the proposed PC regolgOQns anticipates an access road at the Santa Barbara give extension that would result in the loss of a 0-1- acre portion of a small wetland area. This impact would be mitigated by a Proem of requirement that any loss of wetlands be replaced in consultation with the Do Fish and Game and the Army Corps of ingineers, therefore staff has no objygtlon to the proposed plan. Another impact that could result from this project is the potential loss of coyote denning and foraging area and the adverse secondary effect this could have upon the ecological balance between coyotes, smaller predators such as foxes and feral cats, and sensitive bird species. At this time, the probability of coyotes being eliminated from this area cannot be- determined. Amendment 766• North Fordagn Dim,,, X South The San Diego Creek South site is a portion of the North Ford PC, and is •currently designated for office development in the PC regulations. The property is allocated a . maximum of 300 multi-family ti-famil residential units in the General Plan,however. The-proposed PC amendment would redesignate this 21-acre property from office to Multi-Family Residential with a maximum of 300 units, and 2A acres of open space. Some of the proposed key development standards are summarized below. 00094 TO: Planning Commission - 15 Max. building height 35 feet • Min. setbacks Street 25 feet (Jamboree) 20 feet (University Drive South) 15 feet (collector streets) 5 feet (private streets) Other 5 feet with 8 feet between buildings Amendment 767: Bflyview Laaffin This site, with a total of 16.1 acres, is presently designated for either 10,000 square feet of restaurant use or a 40,000-square-foot health club on the lower 5.0-acre portion with the upper 11.1 acres restricted to open space according to the General Plan. The current zoning designation for this property is Unclassified. The proposed project includes the redesignation of the site to PC and the adoption of Planned Community regulations in conformance with the General Plan designation. . Specific site development standards would be determined as part of the Use Permit process. 1SS114� Park alternative: As alluded to previously, one of the project alternatives under consideration includes the transfer of development entitlement from this site to Newport Center/Fashion Island in the form of 30,000 square feet of retail use, and the development of a 5-acre active park with unlighted playing fields and related facilities on the lower portion of Bayview Landing. Senior citizen housing alternative: This alternative(Alternative 5c in the Draft EIR)would also transfer development entitlement from this site to Newport Center/Fashion Island in the form of 30,000 square feet of retail use, to be replaced with entitlement for 120 senior citizen housing units. If this alternative were selected, it would be necessary to initiate a General Plan amendment to redesignate the site accordingly. Amendment 768• San Diego Creek North and Tamboree a A h �r • San Diego Creek North: This 14.7-acre parcel is designated for 112,000 square feet of office space in the General Plan,with a 2.5-acre reservation for a fire station. The current zoning designation is Unclassified. The Irvine Company proposes to dedicate the property to the City for public facilities and open space uses. Adoption of a new Planned Community (including the Jamboree/MacArthur site) is proposed with public facilities and open space the only allowable uses. Permitted uses in the lower.portion of the site (Area 1)would include preservation,wetland and habitat restoration, and ecological or agricultural research. Allowable uses proposed 0D09J 0 0 TO: Planning Commission - 16 for the upper portion of the site(Area 2)include active and passive public riecreationn biotic gardens, ecological or agricultural research, and public facilities such as roads, utilities, • drainage and flood control facilities, park and ride facilities, afire statjon, and fuel modification zones. mbor /MacArthur: This site occupies 4.7 acres and is currently designated for 50,000 square feet of office use in the General Plan. The existing zoning is Unclassified. The Irvine Company proposes to dedicate this parcel to the City for public facility and open space uses, and eliminate all office entitlement. The property would he included with the San Diego Creek North site in a single Planned .Community, Allowable use. would be similar to those described for San Diego.Creek North. Amendment 769: Block 8W Block 500, within Newport-Center, is a 6.4-acre site that as currently designated for 245 multi-family units in the General Plan. The proposed planged,commonity regulations would allow a maximum of 245 apartments,condominiums,or senior citizen housing with ancillary skilled nursing areas.and recreation facilities. As provided by the General Plan, senior citizen housing developments exceeding -the • established dwelling unit limit may be .approved with a finding .that .the project 4 of particular benefit to the city and the traffic generated by the project is no greater than the predominant use allowed in •the area. Staff suggests that a provision be added to the proposed PC regulations requiring approval of a use permit if a senior citizen-project. The use permit process would provide the mechanism.for staff and the PlanningCommission to determine whether,the required findings could,be made. Specific site development standards would be determined through the site plan review process. Amendment 770• Corporate Plaza West The 12.1-acre Corporate Plaza West property in Newport Center has a General =Plan designation for an additional •94,000 square feet of office development-on the remaining undeveloped 9.0-acre portion of the site. The existing development consists o(21,000square feet of office space plus landscaping on 3.1 acres. The proposed PC regulations would allow a variety of office andcommercial uses consistent with the 94,000-square foot General-Phan entitlement. No specific open space designation is proposed for this project. • Some of the proposed key development standards are summarized below. Max building height 32 feet, not to.exeeed sight,plane Min. setbacks Street 45 feet (Newport Center Drive) 30 feet (Coast Highway, Clubhouse Dr.) 0 0 Q 9 G 25 feet (internal streets/parking lots) TO: Planning Commission - 17 . Mmorter$gam This 23.9-acre property is currently zoned Unclassified, and has a General Plan designation for an additional 68 hotel rooms. The proposed action would provide entitlement for these additional rooms subject to approval of a use permit. A maximum of 479 hotel rooms would be permitted, with'no specific requirement for open space. SUGGESTED ACTION If the Commission is prepared to take action on the proposed project, the following issues for resolution have been identified by staff: Circulation Improvement and Open Space Agreement: 1. Should The Irvine Company be allowed to use the restored top of slope as the point of beginning for the measurement of property and building setback lines if the erosional swales on Castaways and Newporter North are restored by TIC? • 2. Is the additional dedication of the remainder of Newport Village in combination with exchange of the southerly portion of San Diego Creek North for ultimate dedication to the TCA acceptable? Castaways: 3. Shall there be an active park on Castaways? Castaways/Newporter North: 4. Shall TIC be allowed to encroach 20 feet into the 40 foot bluff top property line setback area with a manufactured slope? a. If yes, shall the maximum slope be 2:1 or 40 Bayview Landing: . S. What shall be the permitted land use be on the lower portion of Bayview Landing? a. Restaurant/Athletic Club b. Senior Citizen housing with transfer of retail to Fashion Island C. Active Park with transfer of retail to Fashion Island Block 800 - Newport Center: 6. Shall the potential senior citizen housing be subject to the review and approval of a Use Permit? 000 7 0 TO: Planning Commission - 18 X at the conclusion of the above determinations, the Planning Commiaioit des#es to • recommend approval of the project, findings and conditions for approval pre attacliN'as Exhibit "A". Exhibit "W provides Findings for denial. it on the basis of testimony received,the Commission requires additional information front staff, the areas for additional information should be identified, along with areas fair subsequent straw vote, and the public hearing continued to the mteating of JuIY 9, 1992, PLANNING DEPARTbWNT JAMS D. UMCKRR, Dhwtor By: Patricia L Temple Advance Planning Manager AttachMents . 1. Exhibit "A" 2. Exhibit V 3. Draft Circulation and Open Space Development Agreement 4. Planned Community Texts S. Draft Environmental' Impact Report and Technical Appendices (previously distributed) • 00098 TO: Planning Commission - 19. EXHIBIT "A" . FINDINGS AND CONDITIONS FOR APPROVAL_ ENVIRONMENTAL IMPACT REPORT NO. 148 DEVELOPMENT AGREEMENT NO. 6 TRAFFIC STUDY NO. 82 AMENDMENT NO. 763 AMENDMENT NO. 764 AMENDMENT NO. 765 AMENDMENT NO. 766 AMENDMENT NO. 767 AMENDMENT NO. 768 AMENDMENT NO. 769 AMENDMENT NO. 770 A. Environmental Impact Report No. 148 Findings. • 1. That a Program Environmental Impact Report has been prepared for the project in compliancemith the California Environmental-Quality Act(CEQA),the State CEQA Guidelines and City Policy. 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance, except in the areas of Aesthetics/Light and Glare, Biology, and Public Services and Utilities, and that the remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. . Mitigation Measures: Aesthetics/Light and Glare 1. In conjunction with site plan review, the project proponent shall preparee-a detailed temporary grading and landscape plan for the bluff top setback area for the purpose of minimizing bluff erosion. If graded slopes from a development area extend into 00099 TO: Planning Commission - 20. the bluff top setback area, as proposed by the PC Text, the project proponent shall prepare detailed final grading and landscape plans for the bluff top setback area. • The plan shall be reviewed and approved by the Parks, Beaches and Recreation Department, Planning Department, Public Works Department, and Building Department. Transuortation/Circulation 2. The City shall prepare a circulation improvement monitoring program to direct expenditures of funds received under the Development Agreement to make improvements and to monitor the status of those improvements. The list of improvements to be implemented shall initially be based on those identified on Table V, with prioritization established based on technical need and ability to implement them in a timely manner. Flexibility to add or delete projects on the list should be maintained to respond to actual changes in traffic volumes and the ability of the City to accomplish improvements so long as the projected Net Benefit to the circulation system is maintained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the City s annual Congestion Management Program and Growth Management Program analysis and the annual review of the Development Agreement. . 3. The applicant or successor in interest shall construct or post bond for all frontage improvements identified in the Development Agreement and listed in Table B'of the Program EIR. Asir Quality 4. All grading related to the project shall be conducted in accordance with SCAQMD Rule 403. This mitigation measure shall be made a condition of all grading permits related to the project. 5. After clearing, grading, earth moving, or excavation operations while construction activities are being conducted, fugitive dust emission shall be controlled using the following procedures: • Graded sections of the project that will not be further disturbed or worked on for long periods of time (three months or more) shall be seeded and watered or covered with plastic sheeting to retard wind erosion. • • Graded sections of the project which are undergoing further disturbance or construction activities shall be sufficiently watered to prevent excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. 00100 TO: Planning Commission - 21. • 6. During grading and construction activities, the applicant shall further control fugitive dust emissions using the following measures: • On-site vehicle speeds on unpaved roads shall be limited to 15 miles per hour. Entrances to all on-site roads shall be posted with a sign indicating the maximum speed limits on all unpaved roads. • All areas with vehicle traffic shall be periodically watered. • Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent accumulations of excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. • 7. Office and commercial development on the Corporate Plaza West and Bay View Landing site shall also participate in the Centerride program currently in operation in the Newport Center area. Evidence of intent to participate shall be provided to the City of Newport Beach Building Department prior to issuance of occupancy permit. 8. Bicycle racks shall be required in accordance with the City of Newport Beach Transportation Demand Ordinance. 9. Construction of related frontage improvements shall include bus turnouts and shelters if determined to be necessary and desirable by the Orange County Transit District and/or the City of Newport Beach. Prior to final design and construction of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine if any bus turnouts or shelters will be required. 10. All development shall include street and security lighting (in parking lots and pedestrian walkway areas) which is energy conserving. A lighting plan shall be submitted for all development which demonstrates ,compliance with this measure. • The plan shall be reviewed by the Planning Department and approved by the Department of Public Works. 11. Residential, commercial and office development shall be landscaped with an emphasis on drought resistant plant species which will shade buildings and reduce water and energy consumption during the summer. A landscape plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works prior to issuance of an occupancy permit. QQiQ1 TO: Planning Commission - 22. • Noise 12. The applicant shall ensure that all residential lots and dwellings are sound attenuated against present and projected noise,which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms. Evidence shall be prepared under the supervision of a City certified acoustical consultant which demonstrates that these standards will be satisfied in a manner consistent with applicable zoning regulations and submitted as follows; A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City,.an Acoustical Analysis Report shall be submitted to the City's Advance Planning Manager for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may • also satisfy "B° below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Advance Planning Manager for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the projects plot plan illustrating heigbt, location and construction in a manner meeting the approval of the City's Advance Planning Manager. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations may be required by the Planning Director to verify compliance with STC and HC design standards. 13. All non-residential structures shall be sound attenuated against the combined impact • of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element. Prior to the issuance of any building permits, evidence shall be prepared under the supervision of a City certified acoustical consultant that these standards will be satisfied and shall be submitted to the Manager,Advance Planning in the form of an 00102 TO: Planning Commission - 23. • Acoustical Analysis Report describing in detail the exterior noise environment and Y P g the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. 14. All freestanding acoustical barriers shall be a berm, wall or combination berm and wall. Walls shall not contain holes or gaps. Walls shall be constructed of slumpstone or other masonry material. Final acoustical barrier heights and locations shall be determined when final grading plans are developed showing lot locations, house/building setbacks and precise pad elevation. Biological Resources 15. Pursuant to Section 1601-1603 of the State of California Fish and Game Code, the California Department of Fish and Game shall be notified of any alterations to streambed habitats. The applicant or any successors in interest shall be responsible • for notifying the Department of Fish and Game regarding any grading related to residential development and associated improvements on the San Diego Creek South, Upper Castaways, Newporter North, and Freeway Reservation sites which would alter streambed habitats. The applicant or any successor in interest shall notify the Department of Fish and Game and obtain any necessary permit prior to the issuance of a grading permit. Copies of proper notification and necessary permits shall be provided to the City of Newport Beach prior to issuance of a grading permit. The City of Newport Beach shall be responsible for notifying the Department of Fish and Game regarding any grading related to any public improvements (e.g. trails, recreational facilities, roads, drainage facilities, etc.) in areas designated for open space,public facilities, and/or parks which would alter streambed habitats. The City of Newport Beach shall notify the Department of Fish and Game and obtain any necessary permits prior to commencement of any grading which could alter the streambed habitat. The permits issued by the Department of Fish and Game pursuant to Sections 1601-1603 may require additional mitigation measures deemed necessary by the Department. 16. Wetland delineation studies in accordance and conjunction with the California • Department of Fish and Game and U.S. Army Corps of Engineers permitting processes shall be performed for any wetland which will be impacted by grading and construction activities. The applicant or any successor in interest shall be responsible for conducting the wetland delineation studies for wetlands impacted by residential development or associated improvements on the Newporter North and Upper Castaways sites. If residential development or associated improvements on the San Diego Creek South or Freeway Reservation sites encroach into the Bonita Creek wetland,the applicant or any successor in interest shall be responsible for conducting 00103 TO: Planning Commission - 24. the wetland delineation study. The City of Newport Beach shall be responsible for • conducting the wetland delineation studies for wetlands impacted by any public improvements/facilities in areas designated for open space, public facilities, and/or parks which will encroach into wetlands. The studies shall occur at the time specific site plans and grading plans are available and prior to issuance of any grading permits or commencement of grading activities in areas containing wetland habitat. 17. Public use and related facility development for areas proposed for natural open space and passive park uses within the Upper Castaways, Newporter North, Newporter Knoll,Bay View Landing,Freeway Reservation,and Jamboree/MacArthur sites shall be designed to be sensitive to existing biological resources. To this end,facility plans and public uses for these areas shall be prepared in consultation with a qualified biologist who shall determine that such plans and uses do not adversely impact sensitive resources identified on these sites (e.g. wetlands, coastal sage scrub, etc.). If necessary, additional environmental documentation shall be prepared at the time facility plans are prepared to determine if significant adverse impacts beyond those anticipated in this Program EIR will occur. If new significant adverse impacts are identified, additional mitigation measures shall be adopted. • 18. Grading, earthmovin and an related construction activities related to residential g� Y development and associated improvements on the Upper Castaways, San Diego Creek South, Bay View Landing, and Newporter North sites shall be restricted as follows: Upper Castaways and Newporter North -No grading (except that necessary for trail establishment and improvements, erosion control or 'bluff stabilization), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place below the existing 60 foot elevation contour surrounding the John Wayne Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation of equipment shall encroach into the hillside above the 25-foot contour of the lower development area. 19. Prior to grading and/or constructing any public facility on the San Diego Creek • North site which will encroach into the on-site freshwater marsh,the City of Newport Beach (or other public agency responsible for development of the public facility) shall approve and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on-site or enhancing and expanding an d0l®4- TO: Planning Commission - 25. • existing freshwater marsh in or near the San Diego Creek and Upper Newport Bay Ecological Reserve. 20. Prior to grading and/or constructing any residential development or associated improvement on the Upper Castaways site which will encroach into the on-site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on-site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. 21. Prior to grading and/or constructing any residential development or associated improvement on the Newporter North site which will encroach into the on-site • freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on-site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. 22. Development on the San Diego Creek South site shall be designed so as to reduce the amount of light and glare which could potentially spill over into the wetland habitats of Bonita Creek and San Diego Creek. This can be achieved by a variety of means including a combination of sensitive siting of lighted buildings; use of lighting systems which conceal the light source and minimize light spillage and glare; screening walls/berms; and dense landscaping along the edge of the development. Any landscaped edge screening shall include non-invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense, evergreen species which, when mixed, achieve canopy and understory of elements to provide as much • screening as possible. The site plan and landscape plan for this edge shall be prepared in consultation with a City-approved, qualified biologist. The site plan and landscape plan shall be approved by the City Planning Department prior to issuance of building permits. 23. Prior to commencing grading, all wetlands habitat in areas intended for preservation shall be temporarily fenced. This measure shall pertain only when grading, stock- piling, or other construction activities are proposed within 100 feet of the boundaries 00105 TO: Planning Commission - 26. of the wetland area. A plan identifying the wetland area and the location of the • fencing shall be submitted to the City of Newport Beach prior to issuance of any grading permit. 24. This measure shall apply to the Newporter North, Newporter Knoll, Bay View Landing, Upper Castaways, San Diego Creek South and San Diego Creek North sites. Revegetation of cut and fill slopes, bluff stabilization/remediation areas, fuel modification zones and other graded areas adjacent to existing sensitive habitat areas (e.g.at the edge of development of residential,public facilities, or recreational areas) shall be accomplished with plant palettes containing predominantly native species. Steeper slopes (greater than 2:1) shall be revegetated with a mixture of coastal sage scrub species including California sage brush which now dominates coastal sage scrub used by California gnatcatchers. Portions of more level areas shall be revegetated with species of native perennial grasses in an attempt to establish native grassland. An expert in landscape revegetation, who is knowledgeable and qualified in native plant mixtures shall provide consultation into the preparation of landscape plans to ensure that this measure is,complied with. Landscape plans shall be approved by the • City Planning Department prior to issuance of building permits for private development or commencement of grading for public facilities and public recreation- al uses. 25. All non-emergency grading related to bluff stabilization/remediation on the Newporter North and Bay View Landing sites shall occur during the non-breeding season for the California gnatcatcher. The non-breeding season is from August 1 to January 31. Earth Resources Faulting and Seismicity 26. Buildings four stories in height or higher shall be designed in accordance with requirements for seismic zone 4 as outlined in Chapter 23 of the Uniform Building Code and/or with the benefit of a site specific seismic ground response spectrum study which would be prepared by the project geotechnical consultant and structural engineer to allow matching of building period with site period. The structural plans • and/or ground response study shall be completed to the satisfaction of the Building Department prior to issuance of a building permit. 27. Buildings less than four stories in height shall be designed by a Structural Engineer in accordance with UBC Chapter 23 requirements for Seismic Zone 4. Non-critical structures shall be designed to withstand strong ground shaking that may accompany a maximum probable earthquake along the Newport-Inglewood Fault. Critical 00106 TO: PlanningCommission - 27. • II structures (i.e., hospitals, fire/police facilities, schools, etc.) shall be designed to withstand strong ground shaking associated with a maximum credible earthquake on the Newport-Inglewood Fault. Structural plans, including seismic design calcula- tions/parameters, shall be approved by the City Building Department prior to issuance of building permits. 28. Habitable buildings shall not be placed adjacent to (above or below) slopes or bluffs where seismic induced slope or bluff failure could occur. Though the City has established a Bluff Setback Criteria for development on the top-of-bluff (Develop- ment Policy D.2.b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability during an earthquake. Areas potentially prone to such failures shall be identified and further evaluated by the project Geotechnical Consultant during the Tentative Tract Map review and Grading Plan review stage. The evaluation shall be prepared to the satisfaction of the Building Department prior to the issuance of . grading permits. Grading and building plans shall reflect the recommendations of the evaluation to the satisfaction of the Building Department. 29. In accordance with the Alquist-Priolo Special Studies Zone Act, a Registered Geologist shall further evaluate and make recommendations regarding the potential for ground surface rupture effecting proposed development on-sites where "Potentially Active Faults" have been identified (Bay View Landing and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the future. The study shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to approval of a tentative tract map or grading permit whichever comes first. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Liquefaction 30. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant. The evaluation shall include • subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers,dewatering,fill surcharging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building TO: Planning Commission - 28. Department prior to issuance of Grading Permit. Grading and building plans shall . reflect the recommendations of the study to the satisfaction of the Building Department. Erosion 31. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. 32. All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the City Grading Engineer prior to the issuance of occupancy permits. • 33. Berms and brow ditches shall be constructed to the satisfaction and approval of the City Grading Engineer. Water shall not be allowed to drain over any manufactured slope face. Top-of-slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the City Grading Engineer prior to issuance of grading permits. 34. Prior to the issuance of grading permits, appropriate artificial substances shall be recommended by the project landscape architect and approved by the City Grading Engineer for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the City Grading Engineer. 35. Drainage of both surface and subsurface water over or toward the bluffs on the Upper Castaways and Newporter North sites shall be minimized. Though some drainage of rainwater over the bluff face cannot be avoided,drainage control devices • shall be designed to direct excess water from site improvements away from the bluff face. Irrigation shall be controlled to prevent excessive infiltration into the subsurface. The project Civil Engineer shall design grading plans•to minimize surface runoff over the bluff faces. The project Geotechnical Consultant shall provide recommendations to minimize subsurface water migration toward the bluff faces prior to approval of Tentative Tract maps or site plans. All design criteria for the 00108 TO: Planning Commission - 29. • control of surficial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Bluff and Slope Instability 36. The project geotechnical consultant shall review the tentative tract map and grading plan for each site and prepare a report addressing all salient geotechnical issues related to bluff and slope stability of any existing bluff or slopes. These reports shall include: 1) detailed analysis of field data including surface and subsurface geological mapping; 2) laboratory testing results; 3) stability analysis of existing bluffs and proposed slopes as illustrated on the tentative tract map or rough grading plan; 4) conclusions; 5) recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. • 37. Prior to the issuance of grading permits, the Project geotechnical consultant and/or civil engineer shall make written recommendations for manufactured slope stabilization including, but not limited to, buttressing, rock bolting, grouting, slope gradient laybacks, or retaining wails. All necessary recommendations shall be included in the grading plan to the satisfaction of the City Grading Engineer. 38. Though the City has established a Bluff Setback Criteria for development on the top- of-bluff (Development Policy D.2.b.1 of the Newport Beach General Plan, January 21, 1991,and Newport Beach Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability. Prior to issuance of grading permits,appropriate safe bluff top setback recommendations shall be determined by the project Geotechnical Consultant based on the evaluation required by Mitigation Measure 3 to the satisfaction of the City Grading Engineer. 39. During grading a geotechnical consultant shall monitor grading operations to ensure that recommendations for slope instability mitigation are implemented. Additionally, . the geotechnical consultant shall evaluate slopes as they are graded through geologic mapping and analysis to ensure that no unanticipated conditions are present. Slope stability mitigation recommendations may require modification during grading. Compliance with this measure shall be verified by the Building Department. 40. Prior to issuance of building permits, the geotechnical consultant shall prepare a Rough Grading Report and As-Graded Geotechnical Map for each graded site at the completion of grading of that site. The Report shall summarize and document 00109 0 0 TO: Planning Commission - 30. compliance with all mitigation measures. The Rough Grading Report shall include . a statement regarding the adequacy of the manufactured slopes for their intended use and a statement regarding the adequacy of the recommended bluff setbacks. The report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be approved by the City Grading Engineer. Compressible/Collapsible Soil 41. Prior to the issuance of grading permits,written recommendations for the mitigation of compressible/collapsible soil potential for each site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recom- mendations shall be incorporated as conditions of approval for the site-specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressible/collapsible zones, fill surcharging and settlement monitoring,compaction grouting,or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site-specific • reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the City Grading Engineer. Expansive/Corrosive Soil 42. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site-specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. Near Surface Groundwater 43. The project geotechnical consultant and/or civil engineer shall prepare written site- specific reviews of the tentative tract maps and grading plans addressing all salient • geotechnicai issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near-surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on existing or future bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the sites and properties adjacent to the sites if dewatering is recommended. The geotechnical 001 .10 TO: Planning Commission - 31. • consultant and/or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. Water Resources Water Quality 44. Prior to the issuance of grading permits, the applicant shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. 45. Prior to the issuance of grading permits,the applicant shall incorporate the following • erosion control methods into grading plans and operations to the satisfaction of the City Grading Engineer and Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Air-borne and vehicle-borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils; and the moistening of vehicles loads. C. As approved material such as rip rap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrated runoff. d. During the period of construction activity, existing vegetation which will be retained on-site shall be protected from traffic by the use of fences. If appropriate,buffer strips or vegetative filter strips, such as tall stands of grass, can be used as an alternative and/or supplementary method to protect against • sediment buildup. 46. Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or swales) located at disturbed areas or graded right-of-ways. The plan will be approved by the City.Engineer and Building Departments and implemented during grading and construction activities. 00111 TO: Planning Commission - 32. 47. The applicant shall provide a temporary gravel entrance located at every construction • site entrance. The location of this,entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights-of-way, the gravel shall cover the entire width of the entrance, and its length shall be no less than fifty feet. The entrance plans shall be reviewed and approved by the City Engineer and Grading Engineer concurrent with review and approval of grading plans. 48. The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right-of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. 49. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the City Grading Engineer. Drainage Patterns 50. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain facilities shall be approved by the City Engineer. Any systems shown to be required by the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving Agency. Cultural Resources .Archaeology ALL PROJECT SUES • 51. All sites shall be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant shall select a City-approved qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be 00212 TO: Planning Commission - 35. • submitted to the Planning Department within 90 days of the completed data recovery program. 52. The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project, to a local institution which has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. 53. Any excavation of a site located within the Coastal zone of more than two surface meters of dirt shall require a coastal development permit prior to commencing the excavation. All provisions of the California Coastal Commission guidelines shall be complied with. UPPER CASTAWAYS • 54. Prior to any grading related to development of the bluff trail system, open space uses or bluff stabilization which could impact CA-Ora49 and CA-Ora-186 on the Upper Castaways site, the sites shall be subjected to test excavations by a City approved archaeologist(experienced in both historic and pre-historic archaeology)to determine site integrity, extent and significance. The methodology of the test excavation shall reflect the recommendations contained in the Cultural Resources report prepared for this Program EIR. A report shall be prepared detailing all findings and recommen- dations and submitted to the Planning-Department within 90 days of completing test excavations. BAY VIEW LANDING 55. Prior to issuance of a grading permit, CA-Ora-1098 shall be surface collected and subjected to test excavations by a City approved archaeologist to determine site integrity, extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. • 56. Prior to grading for the new park, the project sponsor shall retain a City approved archaeologist to conduct a surface collection and subsurface test excavation of CA- Ora-66 to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. 00113 0 6 TO: Planning Commission - 34. 57. Prior to grading for the view park, the project sponsor shall retain a City approved • archaeologist to place a test unit on top of the knoll on the Bay View Landing site in the area containing shell scatter, to determine if the shell is representative of a subsurface archaeological deposit. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the test excavation. NEWPORTER NORTH 58. Prior to the use or development of the open space areas for passive recreational uses, CA-Ora-51 and CA-Ora-518 on the Newporter North site shall be surface collected and subjected to test excavations to determine site extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations, 59. Prior to the issuance of a grading permit, the applicant shall conduct a surface collection of the eastern extension of CA-Ora-100 which would, be impacted by grading and/or development of residential uses. The surface collection shall be • conducted by a city approved archaeologist. A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of completing the surface collection. 60. Prior to the issuance of grading permits, the applicant shall conduct a data recovery of program CA-Ora-64 on the Newporter North site. The program shall be conducted by a City approved archaeologist. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of.completing the data recovery program. 61. Prior to issuance of a grading permit for residential development or any bluff stabilization, a qualified archaeologist shall review grading and drainage plans to determine if there are any indirect or direct impacts to CA Ora-51, 52 and 518. If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. NEWPORTEWKNOLL • 62. Prior to any grading or use of the site, the City shall conduct a surface collection of archaeological material present on the top of the hill of the Newporter Knoll, with test units placed on the hill to determine site significance and boundaries. One unit shall be placed in the recorded area of CA-Ora-50 to determine if a portion of the site still exists. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing surface collection test excavation. 00114 TO: Planning Commission - 35. BLOCK 800 63. Prior to the issuance of a grading permit a qualified City approved archaeologist shall conduct a surface collection of CA Ora-136 on the Block 800 site and subject the site to test excavations to determine site extent and significance. A test unit shall also be placed in the northern portions of the parcel to determine if a sub-surface midden is under the asphalt and trash. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. CORPORATE PIAM WEST 64. Prior to the'issuance of a grading permit, a City approved qualified archaeologist shall dig post holes in the areas containing surface shell on the Corporate Plaza West site to determine if the shell represents sub-surface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing sub-surface testing. • 65. Prior to the issuance of grading permit, the surface near the southern section of the property shall be examined by a City approved qualified archaeologist after removal of brush and prior to any ground disturbance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. FREEWAY RESERVATION 66. Prior to issuance of a grading permit for the northern development area (Lot 2), a City approved qualified archaeologist shall examine the surface of areas previously identified as CA Ora-216. The examination shall be conducted after removal of brush but prior to grading. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. . Paleontology 67. Prior to the issuance of grading permits, a collection plan shall be prepared and implemented by a City approved, qualified paleontological monitor for known exposed fossil localities on Bay View Landing, Newporter North, and Upper Castaways. Because of the small nature of some fossils present in these rock units, matrix samples shall be collected for processing through fine mesh screens. The collection plan shall be reviewed and approved by the Planning Department. 001t5 TO: Planning Commission - 36. 68. Prior to the issuance of grading permits, the applicant shall make provisions for the • preparation and curation of all fossils possibly recovered from the sites during grading. This shall be done in a manner approved by the City's Planning Depart- ment. 69. Prior to the issuance of grading permits, the applicant shall identify a repository approved by the City's Planning Department which shall receive all fossils collected from the sites. 70. Cliff faces along Upper Newport Bay that have served as a reference section for micro-paleontological studies should be protected from alteration. If bluffs along Newport Bay need to be altered for bluff stabilization purposes, detailed measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of these efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the comparative study and sampling. A report shall be submitted to the Planning Department within 90 days. • Law Enforcement 71. The project proponent shall work in conjunction with the City of Newport Beach Police Department to ensure that crime prevention features are included in building design and construction. The City of Newport Beach Police Department shall review all site plans and access plans. Water 72. Prior to issuance of grading permits for the development sites, the applicant shall be responsible for preparation of a Master Plan of Utilities. The Master Plan of Utilities will determine any necessary expansion of facilities and/or any modifica- tions,upgrades or extensions to the existing water systems resulting from this project. All necessary expansions of facilities and/or upgrades or extensions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. • Wastewater 73. Prior to issuance of grading permits, the developer will provide a Master Plan of Utilities facilities for the on-site development in order to determine the exact necessary modifications or extensions to the existing sewer systems, if needed. All necessary expansions of facilities and/or upgrades or extensions of existing water TO: Planning Commission - 37. systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The Plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. B. DeveloFment Agmment No. 6 Findings: 1. That the Development Agreement is in compliance with California Government Code Section 65864 et seq. and Newport Beach Municipal Code Chapter 15.45. 2. That adoption of the Development Agreement would not preclude the City from conducting future discretionary reviews in connection with the project, nor would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the . project infeasible. Condition: 1. Once every 12 months from the date of execution of the Development Agreement, the project proponent or his successor in interest shall prepare and submit for review by the City Council a report demonstrating compliance with the terms of the Agreement, as required by Section 15.45.070 of the Newport Beach Municipal Code. C. Trallle Study No. 82 Findines: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. . 2. That the project is a comprehensive phased land use development and circulation system improvement plan with construction of all' phases not anticipated to be completed within 60 months of project approval. 3. That the project is the subject of a development agreement which requires the construction of major improvements early in the development program. 00117 TO: Planning Commission - 38. 4. That the Land Use and Circulation Elements of the Newport Beach General Plan are not made inconsistent by the impact of traffic generated by the project in that the • project proposed eliminates certain planned and anticipated development through the dedication of certain sites for permanent open space,and the other development sites are to be developed consistent with or less than that allowed by the General Plan. 5. That an unsatisfactory level of service will not be caused or made worse at any intersection for which there is an identified improvement. 6. That the benefits to the circulation system resulting from the major improvements substantially outweigh the increased traffic at impacted but unimproved intersections. 7. That there is an overall reduction in ICU at impacted intersections, taking into account peak hour traffic volumes at those intersections, and that the reduction is caused by the improvements associated with the project. Conditions: 1. That the Irvine Company shall make available to the City the monies specified for circulation system improvements consistent with the provisions of Development • Agreement No. 6. 2. That the City of Newport Beach shall utilize the monies provided by The Irvine Company to construct in as timely manner as possible major circulation system improvements. These improvements shall be designed to insure that the anticipated overall improvement in ICU anticipated in the traffic study is achieved. D. Amendment No. 763 Adopt Resolution No. recommending City Council approval of Amendment No. 763. E. Amendment No. 764 Adopt Resolution No. recommending City Council approval of Amendment No. 764. F. Amendment No. 765 • Adopt Resolution No. recommending City Council approval of Amendment No. 765. 0011 �19 TO: Planning Commission - 39. G. Amendment No. 766 . Adopt Resolution No. recommending City Council approval of Amendment No. 766. H. Amendment No. 767 Adopt Resolution No. recommending City Council approval of Amendment No. 767. I. Amendment No. 768 Adopt Resolution No. recommending City Council approval of Amendment No. 768. 1 Amendment No. 769 Adopt Resolution No. recommending City Council approval of Amendment No. • 769. IL Amendment No. 770 Adopt Resolution No. recommending City Council approval of Amendment No. 770. PLT. \PC�DA\DA6.F&C t TO: Planning Commission - 40.' EXHIBIT "B" FINDINGS FOR DENIAL , DEVELOPMENT AGREEMENT NO. 6 TRAFFIC STUDY NO. 82 AMENDMENT NO. 763 AMENDMENT NO. 764 AMENDMENT NO. 765 AMENDMENT NO. 766 AMENDMENT NO. 767 AMENDMENT NO. 768 AMENDMENT NO:769 AMENDMENT NO. 770 ENVIRONMENTAL IMPACT REPORT NO. 148 A. Development Agmement No. 6. indin¢: 1. That the proposed development agreement is not in the best interest of the City in • that the entitlements requested are not substantially outweighed by the public benefits defined in the agreement. B. Traffie Study No. 82, Finding. 1. That a Traffic Study is not necessary for a project which is denied. C. Amendments No. 763, 764, 765, 7% 767, 768, 769, & 770. Findings: 1. That the adoption of the proposed development standards is premature since insufficient details regarding the proposed development are known at this time. 2. That certain of the proposed projects will have adverse effects on wetland and coastal sage scrub habitats. • D. Environmental Impact Report No. 148, Finding: 1. That an environmental document is not necessary for a project which is denied. PL7%...\PCVA2AD\A763.770.DEN i702 ?� y COMMISSIONERS June 4, 1992 MINUTES ,e O � Y•��A CITY OF NEWPORT 'BEACH ROLL CALL INDEX A Development Agreement No 6 (Public Hearing) item No.3 Request to adopt a Development Agreement for the Circulation DA No. 6 Improvement and Open Space Agreement for eleven sites in the TS 92 City of Newport Beach. The proposal also includes the acceptance of an environmental document. A 763 AND A 764 B. Traffic Study No 82 (Public Hearing) A 765 Request to approve a traffic study consistent with the provisions of A 766 Chapter 15.40 of the Newport Beach Municipal Code for eleven A 767 sites addressed in the Circulation Improvement and Open Space Agreement. A 76a AND A 769 A 770 C. Amendment No 763 (Public Hearing) Cont'd to Request to amend the Harbor View Hills Planned Community 6/18/92 District Regulations and Development Plan so as to allow for the construction of 48 additional dwelling units. LOCATION: Property located at 1501 Ford Road, adjacent to the easterly side MacArthur Boulevard, between Ford Road and San Joaquin Hills Road, in the Harbor View Hills Planned Community. ZONE: P-C AND D. Amendment No 764 (Public Hearing) Request to adopt Planned Community District Regulations and Development Plan for Upper Castaways. This request would provide for the construction of 151 dwelling units. -13- COMMISSIONERS 0 • June 4, 1992 MINUTES \ CITY OF NEWPORT BEACH ROLL CALL INDEX LOCATION: Property located at 900 Dover Drive, on the southeasterly side of Dover Drive between the Westcliff Drive and West Coast Highway. ZONE: P-C AND E. Amendment No 765 (Public Hearing) Request to adopt Planned Community District Regulations and Development Plan for Newporter North/Newporter Knoll. This request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll. LOCATION: Property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort. ZONE: P-C AND F. Amendment No 766 (Public Hearing) Request to amend the North Ford Planned Community District Regulations and Development Plan so as to allow for the construction of 300 additional dwelling units. LOCATION: Property located at 3200 University Drive, on the northeasterly corner of Jamboree Road and University Drive South, in the North Ford Planned Community. ZONE: P-C AND -14- COMMISSIONERS June 4, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX G. Amendment No 767 (Public Hearing) Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. restaurant or a 40,000 sq.ft. athletic club. LOCATION: Property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. ZONE: Unclassified AND H. Amendment No 768 (Public Hearing) Request to amend portions of Districting Maps No. 44 and 66 so as to reclassify property from the U (Unclassified) District to the P-C (Planned Community) District. The proposal also includes a request to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use of the subject property. LOCATION: Property located at 3600 Jamboree Road, bounded by Jamboree Road, MacArthur Boulevard and SR 73, and property known as San Diego Creek North located at 3500 Jamboree Road, bounded by the San Diego Creek, Jamboree Road and SR 73. ZONE: Unclassified AND -15- s 0 COMMISSIONERS June 4, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX I Amendment No 769 (Public Marina Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction of 245 dwelling units or senior citizen housing. LOCATION: Property located at 855 San Clemente Drive, on the southeasterly corner of San Clemente Drive and Santa Barbara Drive, in Block 800 of Newport Center. ZONE: P-C AND J. Amendment No 770 (Public Hearine) Request to amend a portion of Districting Map No. 48 so as to reclassify property from the O-S (Open Space) and Unclassified Districts to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for the Corporate Plaza West Planned Community. This request would allow for the construction of an additional 94,000 sq.ft. of office development (115,000 sq.ft. total). LOCATION: Property located at 1050 Newport Center Drive, on the northwesterly comer of East Coast Highway and Newport Center Drive, across from the Corporate Plaza Planned Community. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: 'Same as applicant James Hewicker,Planning Director,requested that the subject item be continued to the June 18, 1992, Planning Commission meeting. -16- June 4, 1992 MINUTES COMMISSIONERS CITY OF NEWPORT BEACH ROLL CALL INDEX Notion * Motion was made and voted on to continue Item No.3 to the June Ayes * * * * * 18, 1992, Planning Commission meeting. MOTION CARRIED. Absent rrr I N ITEM Discussion Item n 1 P1 n Amendment No. 92-2 No. 1 Request t initiate amendments to the Newport Beach General GPA 92-2 Plan as folio s: A Castaways M in •Arequest of California Recreation Company to amend the Lan Use Element of the Newport Beach General (A) Plan and the Local oastal Program Land Use Plan so as to Castaways redefine the permitted mmercial entitlement from 40,000 sq.ft. Manna of recreational and mari commercial to a 71 slip marina with Initiated related marina support and arking facilities. B 2209 B_yside Drive: A request o C.L. Burnett and Steven D. (B) Hillyard to amend the Land Use Ele nt of the Newport Beach 2209 General Plan and the Local Coastal Pro Land Use Plan so as Bayside Dr to alter the dwelling unit allocation and olicy statements for No Statistical Area F3 in order to allow the sub 'sion of an existing Recommends R-1 lot into two single family building sites c istent with the tion minimum subdivision standards of the Newport ach Municipal Code. INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, reviewed the subject Ge ral Plan Amendment. In response to a question posed by Commissioner Merrill regarding GPA 92-2 (B), 2209 Bayside Drive, Mr. Hewicker explained that the request is for the subject address. It was the belief of staff when the General Plan was amended in 1988, that the City only -17-