HomeMy WebLinkAbout31 - Status Report on Development Agreements Nos. 4,5,6,7,8, and 9c�FWp�Rl CITY OF N ?,T BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
u = PLANNING DEPARTMENT
33oo NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(P4) 644-3200; FAX (714) 644-5250
Hea, .. )ate:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
October 28, 1996
No. 31
Genia Garcia
644-3208
SUBJECT: Status Report on Development Agreements Nos. 4, 5, 6, 7, 8, and 9
PURPOSE: To conduct an annual review of current Development Agreements to review
the applicants' good faith and substantial compliance with each agreement
in addition to those terms and conditions required of the City of Newport
Beach.
REQUIRED
ACTION: Hold hearing; if desired, approve, modify or terminate:
Development Agreement No. 4
The Irvine Company, Library Exchange Agreement
Development Agreement No. 5
Hoag Memorial Hospital Presbyterian
Development Agreement No. 6
The Irvine Company, Circulation Improvement and Open Space
Agreement
Development Agreement No. 7
Pacific View Memorial Park
Development Agreement No. 8
Ford Motor Land Development Corporation
C -- 30 (o I Development Agreement No. 9
Fletcher Jones Motor Cars
Background
This report contains the formal performance review of development agreements approved by the
City of Newport Beach. The first three agreements are not included in this review for the reasons
described below.
Development Agreement No. 1 between the City of Newport Beach and Park Lido, Ltd. was
approved by the City Council (Ordinance No. 83-7) on January 24, 1983. This agreement required
that Park Lido Ltd. advance 50% of the cost of the installation of a traffic signal at the intersection
of Hospital Road and Placentia Avenue in exchange for the approval of the development of a
r0-
65,269 square foot two-story medical office building located at 351 Hospital Road. The specific
project approved was never pursued and all approvals sunsetted after 24 months. Subsequently, a
second project was approved and constructed without a development agreement. The traffic signal
which was addressed in the original agreement has been installed.
Development Agreement No. 2 between the City of Newport Beach and the Irvine Company was
approved by the City Council on April 22, 1985. This agreement was to allow the construction of
888 residential dwelling units and 50,000 square feet of conunercial development in the North Ford
Planned Community, and 295,000 square feet of office development in the Koll Center Newport
Planned Community. This project has been completed and the terms and conditions of
Development Agreement No. 2 have been satisfied.
Development Agreement No. 3 between the City of Newport Beach and the J. M. Peters Co. was
approved by the City Council (Ordinance No. 85-24) on September 23, 1985. This agreement
established specific development rights and related obligations pursuant to the annexation of the
Bayview site to the City of Newport Beach. This project has been completed and the terms and
conditions of Development Agreement No. 3 have been satisfied.
Discussion
The City of Newport Beach has entered into six development agreements in conjunction with the
approval of several development projects within the City in order to achieve maximum utilization
of resources to the owners, while minimizing the economic cost to the public. The development
agreements represent certain assurances to the owners that they may proceed with development of
certain properties in accordance with existing policies, rules and regulations, and subject to
conditions of approval. In approving these development agreements, the City provided the
opportunities for strengthening the public planning process, encouraging private participation in
comprehensive planning, and reducing the economic costs of development. The approval process
has provided the City with the opportunity to gain from the applicants certain public benefit
improvements such as streets, sewer facility improvements, public facilities, drinking water, utility
facilities and open space.
Individual development agreements specify the duration of the agreement, the duration for the
completion of total build -out, circulation improvements, or dedication of open space. In some
cases, terms of the agreement proceed over a 20-25 year time frame. The development agreements
specify permitted uses of the properties, density, intensity of use, maximum height and size of
proposed land uses and buildings and provisions for reservation or dedication of land for public
purposes, which may also be included in the respective Planned Community Texts (PC's) for each
development. The development agreements, in some cases, provide that construction be
commenced and completed within a specified time period or accomplished in phases.
Pursuant to the requirements of Section 15.45.070 of the Municipal Code, Article 2.5, Section
65865.1 of the California Government Code, and stated conditions of each development agreement,
the attached status reports have been prepared for each development agreement between the City
and the above stated applicants. The purpose of this review is to establish the status of each
development agreement and to assess the terms and conditions that have been accomplished or are
to be accomplished within certain time frames.
2
The Development Agreements included in this annual review and their dates of adoption are listed
below:
Develop. Agrmt Applicant
No.
4 The Irvine Company, Library Exchange
5 Hoag Memorial Hospital Presbyterian
6 The Irvine Company, Circulation Improvement and
Open Space Agreement
7 Pacific View Memorial Park
8 Ford Motor Land Development Land Corporation
9 Fletcher Jones Motor Cars
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
GENIA GARCIA
Associate Planner
Date of Adoption
1/13/92, ORD 91-46
5/26/92, ORD 92-3
Amended 2/14/94
9/14/92, ORD 92-35,
Amended 9/11/95,
ORD 95-42
7/10/95, ORD 95-26
7/24/95, ORD 95-27
9/11/95, ORD 95-43
3
HOAG HOSPITAL
DEVELOPMENT AGREEMENT NO. 5
Project Status Report
Annual Review of the Development Agreement
by and between
The City of Newport Beach
and Hoag Memorial Hospital
I. Introduction
On May 11, 1992, the City of Newport Beach certified Final Environmental Impact
Report No. 142 for the Hoag Hospital Master Plan and adopted a Planned Community
Development Plan and District Regulations for Hoag Hospital.
On May 26, 1992, the City of Newport Beach approved Development Agreement No. 5
between the City and Hoag Memorial Hospital Presbyterian. It was recorded in the
Recorder's office in the County of Orange on August 4, 1993.
On February 14, 1994, the Development Agreement was amended by the City Council to
incorporate revisions requested by the staff of the California Coastal Commission. The
revised Development Agreement was recorded on March 23, 1994. The California
Coastal Commission approved the revised Development Agreement on April 14, 1994,
and amended the Coastal Development Permit on July 21, 1995.
II. Purpose
The purpose of Development Agreement No. 5 is to enable Hoag Hospital to develop the
hospital property consistent with a Master Plan and Planned Community Development
Plan and within the approvals set forth by the Coastal Development Permit issued by the
California Coastal Commission. The future development of the Hoag Hospital property
will allow the hospital to offer additional and needed services for the community by
responding to the ever changing health and medical care technologies and delivery
systems. The Development Agreement spells out strict, binding limits on the amount and
height of permitted development and insures compliance with conditions related to
density, location, and timing of construction to minimize, to the extent feasible, any
environmental impacts of the proposed expansion.
The Development Agreement includes requirements for dedication of property,
construction of public improvements and/or the installation of landscaping visible to the
public, which, when considered in conjunction with the public services provided by
Hoag, benefit the general public.
8
Pursuant to the requirements of Chapter 15.45 of the Municipal Code and Section 5 of the
Development Agreement, Hoag Memorial Hospital or its successor(s) in interest is to
submit an annual report for review by the City Council demonstrating good faith
substantial compliance with the terms of the Agreement. The attached project status
report is for the year April 15, 1995 to October 1, 1996.
The annual review includes a review of the folloNN ing: Development Agreement
obligations and Environmental Document Mitigation Measures.
For this review period, the conditions and mitigation measures that are required per the
Development Agreement are listed below with an explanation as to how the requirements
were or are being met.
DEVELOPMENT AGREEMENT NO. 5
3.2. Compliance with Master Plan Conditions/Mitigation Measures:
See attached table.
8. Public Benefits/Exactions:
8.2 Exactions: Hoag shall, as a condition to the right to develop, do the
following:
(a) Irrevocable Offer to Dedicate and Grade the Proposed Linear and
Consolidated View Park. The Offer to Dedicate has been made
and recorded. The two parks are part of the approved grading
plan for the lower campus parking lot, which is under
construction.
(b) Public Improvement Funds ($250,000.00). Hoag Hospital is to pay
the amount to the City to fund the following improvements:
(i) The construction of a sidewalk and installation of landscaping
in the CalTrans right-of-way along the west side of Newport
Boulevard southerly of Hospital Road., and, if funds remain,
(ii) The construction of facilities necessary to bring reclaimed
water to West Newport and/or the Property.
This amount has been paid to the City by Hoag Hospital
during the second annual review period. See attached
documentation
(c) Study of possible future improvement in and around the easterly
end of Semeniuk Slough. City staff and the P.B.&R Commission
studied the use of this area and no improvements were found
to be feasible.
9
r,
Mitip,ation Measure No.42
This measure requires that the City of Newport Beach send a letter to each emergency
vehicle company serving Hoag requesting that they turn off their sirens upon entering
hospital property in order to minimize the noise impacts to adjacent residents. Hoag has
provided the City with a list of emergency vehicle companies, and letters are being
sent by staff to the listed companies.
10
Project Status Report
April 15, 1995 - April 15, 1996
Annual Review of the Development Agreement
between the City of Newport Beach
and Hoag Memorial Hospital Presbyterian
(Amended October 2, 1996)
I. Introduction
On August 4, 1993, the Development Agreement between the City of Newport Beach
and Hoag Memorial Hospital Presbyterian was recorded. As specified by the
Development Agreement (Section 2.12), the "effective date" of the Development
Agreement refers to the date that the Development Agreement is approved by the
California Coastal Commission. On February 14, 1994, the City Council amended
the Development Agreement to incorporate revisions requested by the staff of the
California Coastal Commission, and the revised Agreement was subsequently
recorded on March 23, 1994. On April 14, 1994, the California Coastal
Commission approved Hoag Hospital's Development Agreement with the City.
Section 5 of the Development Agreement requires an annual review to be conducted
by the City of the Hospital's good faith substantial compliance with the
Development Agreement. Documentation from Hoag Hospital substantiating good
faith compliance with the Development Agreement was submitted to the City on
June 27, 1995 for the first annual review. This project status report is for the
year April 15, 1995 to April 15, 1996 and was prepared for use by the City for
its second annual review. The project status report has been amended since its
original submittal on May 8, 1996 for the second annual review period to include
activities undertaken from April 15, 1996 to October 1, 1996.
The project status report for the first annual review documented the following
projects:
A Cardiac Serviges Addition
This 5,990 square -foot structure is located on the Upper
side of the existing Hospital and was completed in 1 95. T e C ty issueda est
certificate of occupancy for the Cardiac Services Addition on June 7, 1995.
All required mitigation measures were completed.
B Qrgency Care Unit Parking Lot/Entre Reconfiguration
The plans for the emergency care unit parking lot/entry reconfiguration were
under review by the City during the first annual review period. On
May 12, 1995 the City issued permits for the construction of the project. At
the end of the annual review period, the project had been completed.
All required mitigation measures were completed
1250.16-36.31-96DEV.AGREE.REV2 .1
October 2, 1996
A "61IMMIRM.U. AWMM.
On April 14, 1994 the California Coastal Commission granted a Coastal
Development Permit (CDP) to Hoag Hospital for a mass grading plan consisting
of 387,100 cubic yards of cut to accommodate future expansion of Hoag
Hospital. On July 24, 1995, the California Coastal Commission issued CDP 5-
93-253 for the first phase of the mass grading plan to include 30,300 cubic
yards of cut and 400 cubic yards of fill. Phase one grading was anticipated to
include grading for and dedication of a 0.28 -acre public, slopetop linear view
park and a 0.52 -acre public, slopetop consolidated view park.
Because of the time requirements involved in adhering to the conditions of the
Coastal Development Permit for phase one grading, Hoag Hospital proceeded
with plans to develop a parking lot on its Lower Campus, and the phase one
grading plans were withdrawn from the City. The parking lot project is
discussed below (Section II -A).
D. Flare Relocation/Scrubber Installation
During the first annual review period, Hoag Hospital submitted plans to the
City for the relocation of the existing methane gas collection/burnoff system
and the installation of two gas scrubber facilities. The City of Newport Beach
issued grading and building permits on November 4, 1994. Subsequent to
permit issuance, and during construction, the City of Newport Beach halted
construction and requested significant modifications to the approved plans.
The current status of the flare relocation/scrubber installation project is
discussed below (Section II -B).
As stated above, during the 1995 - 1996 annual review period, Hoag Hospital
completed the Cardiac Services Addition and the Emergency Care Unit Parking
Lot/Entry Reconfiguration. Hoag withdrew its application for phase one mass
grading, which was subsequently resubmitted as part of its application for the
Lower Campus Parking Lot. The Flare Relocation project is in process.
A Lower Campus Parking Lot
The California Coastal Commission granted a Coastal Development Permit
(CDP 5-95-204) on October 11, 1995 for the construction of a 351 -space
ancillary parking lot on Hoag Hospital's Lower Campus, to be located northwest
of the intersection of West Coast Highway and Hoag Drive.
A 148 -space parking lot Is currently located on the Lower Campus, northeast
of the intersection of West Coast Highway and Hoag Drive. This parking lot has
served as a staging area for development activities associated with other Lower
Campus development projects. It also functions as an auxiliary parking lot.
1250.16-36.31.96DEV.AGREE.REV2 -2 . October 2, 1996
As part of the development of the proposed parking lot, the existing parking lot
will be demolished at a later date in conjunction with future development on the
Lower Campus. Until usage of the proposed parking lot is warranted by
parking demand, a portion of the proposed parking lot will also be used as a
staging area for future Lower Campus development.
On March 7, 1996, the parking lot plans were submitted to the City. On
June 28, 1996, the City issued a partial grading permit to Hoag for
installation of drainage improvements in order to dry out the slope to a point
where earthquake fault mapping could be undertaken. This mapping was
required as part of the fault study to comply with Mitigation Measure #3. The
fault mapping was completed and did not reveal any active or potentially active
faults. On September 17, 1996, the City issued all permits to Hoag Hospital
for the construction of the 351 -space parking lot. Grading activities
associated with the parking lot, as well as grading required for the City to
subsequently undertake construction related to the 0.8 -acre viewpark at the
top of the slope, are currently underway.
B. Flare Relocation/Scrubb r Installation
At the start of the second annual review period, the Hospital was working with
the City to incorporate features that were requested by the City after it had
issued a building permit and construction was underway. On November 15,
1995, the City gave its final approval to the project.
Hoag did not proceed with the completion of the flare relocation/scrubber
installation project at that tir ospital, in conjunction with the
City, was in the process of pursuing state legislation for funding to relocate the
flare and to install a system that will more efficiently extract the methane gas.
The legislation was subsequently withdrawn by the City because the California
Department of Transportation (Caltrans) agreed to fund $750,000 for the
flare project. On July 21, 1996, the City and Caltrans entered into a
Memorandum of Understanding for disbursement of the funds for the flare
project. On September 9, 1996 the City Council approved a Cooperative
Agreement between the City and Caltrans to formalize funding commitments and
fund disbursement procedures/requirements. The City, Hoag Hospital and
Caltrans are currently exploring options for the relocation of the flare and the
installation of an upgraded system.
As part of the approval of the Development Agreement by the City, and its
subsequent approval by the California Coastal Commission, the City was required
to formally adopt a mitigation monitoring plan. On June 13, 1994, the City
adopted the Hoag Hospital Master Plan Mitigation Monitoring Plan. Section 5.4 of
the Development Agreement requires that the annual review include a detailed
report of compliance with various conditions and mitigation measures contained
within the mitigation monitoring plan. The mitigation annual review is included as
the Appendix to the project status report.
1250.16.36.31.96DEV.AGREE.REV.2 -3 - October 2, 1996 �`2
r.
APPENDIX
r
m
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
DEVELOPMENT AGREEMENT
MITIGATION ANNUAL REVIEW
April 15, 1995 - April 15, 1996
(Amended October 2, 1996)
Prepared For:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92659-1768
HOAG HOSPITAL DEVELOPMENT AGREEMENT
MITIGATION SECOND ANNUAL REVIEW
April 15, 1995 - April 15, 1996
(Amended October 2, 1996)
Introduction
On May 11, 1992, the City of Newport Beach certified Final Environmental Impact
Report No. 142 for the Hoag Hospital Master Plan and adopted a Planned Community
Development Plan and District Regulations for Hoag Hospital. At the same time, the City
entered into a Development Agreement with Hoag Hospital. The Development Agreement
was amended (on February 14, 1994) to incorporate changes requested by the
California Coastal Commission in conjunction with their review of a mass grading
permit application by Hoag Hospital.
Section 5 of the Development Agreement requires that the City conduct an annual review
of the Development Agreement in order to evaluate Hoag Hospital's good faith substantial
compliance with the Development Agreement. As part of that annual review, a review of
compliance with the mitigation monitoring plan (adopted by the City of Newport Beach on
June 13, 1994) for Hoag Hospital is also required. Specifically, Section 5.4 of the
Development Agreement states:
Mitigation Review. The annual review shall include a detailed report of
compliance with the various conditions and mitigation measures contained
within the mitigation monitoring plan. The report shall include an
analysis of the view impacts of buildings constructed in comparison to the
anticipated views as depicted in the EIR. For the five year monitoring
period imposed by the Department of Fish and Game Streambed Alteration
Agreement entered into between the Department of Fish and Game and
Hoag, the annual review shall also assess the success of any off-site
wetlands mitigation. Five years after the completion of the Department of
Fish and Game monitoring period, Hoag shall submit a final report
assessing the success of the off-site wetlands mitigation in its annual
review. If the survival and cover requirements set forth in the
Streambed Alteration Agreement have not been met, Hoag shall be
responsible for replacement planting to achieve these requirements. Hoag
shall be found in compliance with this Agreement unless the City Council
determines, based upon the evidence presented at the Annual Review, that
Hoag has not complied with all mitigation measures and conditions
including those imposed as a result of subsequent environmental analysis,
applicable to the grading of, or building on, the Property as of the date of
the Annual Review.
1250.16-36.31-96DEV.AGREE.REV2 -I - October 2, 1996
This document Is being submitted in compliance with the Development Agreement
requirement stated above for the year April 15, 1995 to April 15, 1996. It has been
amended since its original submittal on May 8, 1996 for the second annual review
period to include activities undertaken from April 15, 1996 to October 1, 1996.
Format/Contents of the Mitigation Review
There are three categories of mitigation measures included in the adopted mitigation
monitoring program -- measures that need be complied with only once, measures that
relate to individual development projects undertaken by Hoag Hospital, and mitigation
measures which are required to be implemented and reviewed each year. The 'Hoag
Hospital Development Agreement - Mitigation Annual Review' (Table 1) summarizes,
in matrix format, the applicability of all mitigation measures to each of the three
categories of mitigation measures. Project -specific mitigation measures are further
broken down for individual projects undertaken and in process during the annual period
of April 15, 1995 to April 15, 1996 (as amended to include the period from
April 15, 1996 to October 1, 1996). All three mitigation categories are further,
discussed below. A complete listing of all mitigation measures for FOR No. 142 is
provided in Appendix A.
Also, as stated above, Section 5.4 requires that for the "five year monitoring period
imposed by the Department of Fish and Game Streambed Alteration Agreement entered
into between the Department of Fish and Game and Hoag, the annual review shall also
assess the success of any off-site wetlands mitigation."
During the annual review period, Hoag Hospital graded the 6.08 -acre wetlands
mitigation site and installed raptor perches. Further, 3,600 plants for installation at
the mitigation site were gathered within the San Joaquin Freshwater Marsh and a
planting plan was approved. Since the end of the second annual review period, the
wetlands site has been planted and is being monitored on a monthly basis. A formal
evaluation of the status of the wetlands will be submitted for review to the California
Department of Fish and Game, the United States Fish and Wildlife Service, and the
California Coastal Commission in January of 1997 in compliance with their permit
requirements. During the third annual review period, detailed information related to
the success of the off-site wetlands mitigation will be provided.
Protect-Spestft.. rsmpli_
Project -specific mitigation measures in process for the second annual review period
relate to the following projects: flare relocation/scrubber installation and Lower
Campus parking lot. Individual matrices which identify each mitigation measure's
applicability, as well as its status, are provided as Tables 2 and 3. Thorough
documentation for each mitigation measure that has been completed has been provided to
the City. The status of specific projects in process during this annual review period is
summarized below:
f Flare Relocation/ rubb r InStallati.,,,
building ( 21 All grading permit level and
g permit level mitigation measures were deemed to be complete by the
Planning Department in September 1994. Mitigation measures required to be
1250.16-36.31-96DEV.AGREE.REV.2 - 2 -
October 2, 1996
implemented during construction were being Implemented when the flare
relocation/scrubber installation project began construction on
November 14, 1994. However, subsequent to building permit issuance, and
during construction, the City requested a number of project modifications. These
modifications were underway during the annual review period.
Hoag Hospital, in conjunction with the City and Caltrans, is pursuing options to
relocate the flare and to further mitigate the methane gas/hydrogen sulfide
problems in West Newport. Once construction recommences, it will be
determined how the mitigation measures that are required to be adhered to during
construction will be implemented. One-time mitigation measures which were
required to be implemented as part of the flare relocation/scrubber installation
project (i.e., mitigation measures 57, 58, 60, 61, 65, 75, 76, 77, 78, 80 and
81) were discussed in the 1994 - 1995 annual review report.
' Lower Campus Parking Lot (Table, 3) • Hoag Hospital submitted plans to the City
on March 7, 1996 for the construction of the 351 -space Lower Campus parking
lot. On September 17, 1996, the City determined that all mitigation measures
required for the Lower Campus Parking Lot had been complied with (pending
receipt of the formal fault study results), and permits were issued by the City.
Mitigation measures related to the removal of the on-site wetlands (i.e., 16 -
20), however, were separately reviewed and approved by the City prior to
submittal of the Lower Campus Parking Lot plans, and the wetlands were removed
during the 1995 - 1996 annual review period. One-time mitigation measures
which are required to be implemented as part of the Lower Campus Parking Lot
project (i.e., 6, 7, 8, 16, 17, 18, 19, 20, 47, 51, 52, 53, 56, 63 and 67) are
individually discussed under "One -Time Compliance Mitigation" below.
As part of the Mitigation Monitoring Program adopted for the Hoag Master Plan by the
City of Newport Beach on June 13, 1994, several mitigation measures were required to
be implemented on an on-going basis and to be monitored for compliance on an annual
basis. These mitigation measures and a summary of the compliance with these measures
is provided below:
Mitigation Mpmure # 1 1 requires routine vacuuming of parking lots/structures.
All parking lots/structures are vacuumed by Hoag Hospital on at least a monthly
basis.
Mitigation Measure # 15 requires that master plan development comply with the
Hospital's Hazardous Material and Waste Management Program and its Infectious
Control Manual. As part of Hoag's internal review of the Flare Relocation/
Scrubber Installation and Lower Campus Parking Lot projects, Hoag analyzed the
projects to ensure compliance with the above -referenced documents. The
documents were amended and new protocols were adopted in order to response to
concerns related to hazardous materials, waste management and infectious
control, as appropriate.
1250.16-36.31.96DEV.AGREE.REV.2 -3 .
October 2, 1996 , ry
Mlitiaation Mea ire # 2 8 requires adherence to South
Management District (SCAQMD) regulations that pertain to trip eductAir io�ualiaty,
January 22, 1995, Hoag submitted its biannual Trip Reduction Plan to the
SCAQMD. This document specifies Hoag's policies/programs that are designed to
reduce vehicle trips. During the annual review period, the SCAQMD eliminated
Regulation 15, which required the trip reduction plan. The
SCAQMD
subsequently adopted Regulation 2205, which allows the Hospital to continue
implement its trip reduction plan or to reduce air
Plution in other
ways. Hoag Hospital has elected to continue to implement its trip eduction planspecified.
Mitigation Meaai,r
# 1 requires adherence to measures that were a part of
Hoag's pilot program to monitor and manage usage of the Upper Campus service roads during non -working hours. Since 1991 Fp and bower
implementing measures to reduce usage of West Hoag has been
ng
hours. These measures include signage controls, aR�ldlettersnoto vendors
defining when West Hoag Road can be used, and an annual note .in the Hoag Times,
the newsletter for Hoag Hospital employees.
At the City's request, in order to monitor traffic volumes on West
Hoag Hoag has been taking periodic traffic counts for several years. ffic
counts were taken in June 1995. Updated traffic
Below is a table identifying traffic counts for 1995 and previous years for which
traffic volumes were taken. As shown on the table, traffic volumes on West Haag
Road continue to decrease.
WESTSIDE ROADWAY - OFF HOUR (9 P.M. - 5 A.M.)
TRAFFIC REDUCTION SUMMARY
1995 1993
June 21-23 June 23 25
1992
Dec. 14-16
1991
Dar. O.tt
1990
Dec. 10-12
Day 1
22
20
28
35159
Day
20
35
45
36
158
Day 3
a
1-3
Total
62
68
112
120
441
Counts not taken in 1994 due to closure of West Hoag goad for realignment
work and construction of the Cardiac Services Addition.
Mitigation Measure #3 S requires that
on rideshare services and programs. IItalalso rorequires that vide new pneweto
em lore information
included in updates to the Trip Reduction Plan for the SCAQMD. Hoag P yes be
provide all new employees rideshare service/program information continues w
, and new
1250.16-36,31-96DEVAGREE.REV.2
_4 _
October 2, 1996
employees were included in the January 22, 1995 update to the Hospital's Trip
Reduction Plan.
Mitigation Measure # 4-2 requires that the City of Newport Beach send a letter to
each emergency vehicle company serving Hoag requesting that they turn off their
sirens upon entering hospital property in order to minimize noise impacts to
adjacent residents. Hoag is required to provide the City with a list of all
emergency vehicle companies serving Hoag Hospital. Table 4, Emergency Units
Responding to Hoag Hospital, provides a current list of those companies.
Mitigation Measure #8_4 requires that Hoag continue compliance with its
Hazardous Material and Waste Management Program and its Infectious Control
Manual. As stated under Mitigation Measure 15, above, Hoag continues to comply
with the above -referenced documents, as well as continues to comply with all
new regulations that have been adopted since the Hoag Master Plan Final
Environmental Impact Report was certified.
Mitigation Measure # 1 17 requires that usage of the Hospital's heliport/helipad
be limited to emergency medical purposes or the transportation of critically i I I
patients in immediate need of medical care not available at Hoag. Further, this
measure requires that, to the extent feasible, helicopters shall arrive at, and
depart from, the helipad from the northeast, to mitigate noise impacts on
adjacent residences. Hoag continues to comply with Mitigation Measure #117.
Mitigation Measure # 1 12 requires that non -vehicular activities, such as the
operation of the trash compactor, which occur in the vicinity of West Hoag Road
shall be operated only between the hours of 7:00 a.m. and 7:00 p.m. daily. Hoeg
continues to comply with Mitigation Measure #119.
Some of the mitigation measures required as part of the mitigation monitoring program
for the Hoag Hospital Master Plan are specialized studies or clearances from the City and
other governmental agencies that may or may not be related to a specific building or
building site. The adopted mitigation monitoring program also contains standards for
determining compliance with each of these one-time compliance mitigation measures.
Several one-time compliance mitigation measures were completed prior to the current
annual review period. These have been documented in previous annual review reports,
and include mitigation measures 23, 41, 50, 51, 53, 67, 77, 81, 90, 114, 115, 116,
120 and 123. Additionally, some one-time measures were fulfilled during the current
annual review period. These are discussed below:
Mitigation M -mores 6 - 8 require a soil corrosivity analysis and a construction
material compatibility evaluation prior to Lower Campus development. These
analyses were completed and submitted to the City on March 7, 1996 as part of
the permit application process for the Lower Campus parking lot project. The
soils were not found to be hazardous based on the severeness of their corrosivity;
however, the soils were found to be corrosive in terms of the effect of the soils on
construction materials.
1250.16-36.31-96DEV.AGREE.REV.2 -5 - October 2, 1996
^ r.
Mitigation Measures 1-o - 20 relate to the on-site wetlands and include
requirements for a wetlands mitigation plan and clearance through the approval
process from agencies outside the City of Newport Beach. The standard of
compliance for mitigation measures 16 and 18 are to obtain a U.S. Army Corps of
Engineers Section 404 Permit, a California Department of Fish and Game 1603
Streambed Alteration Agreement and a California Coastal Commission Coastal
Development Permit for the removal of the wetlands. These permits were
obtained and provided to the City for their review and were subsequently
approved by the City on August 7, 1995. The on-site wetlands have since been
removed.
' Mitigation Measure # 4 7 requires an offer of dedication for the linear and
consolidated viewpark. On October 4, 1994, the City Council approved the
form and content of the irrevocable offer to dedicate the 0.8 -acre viewpark. This
offer was reviewed by the California Coastal Commission as part of their permit
review process for Hoag's mass grading of the Lower Campus. to
July 24, 1995, Hoag Hospital received its Coastal Development Permit for
mass grading (phase one) the Lower Campus. One of the special conditions to the
permit required that the irrevocable offer be reviewed by the Commission staff,
which was completed prior to issuance of the Coastal Development Permit. The
irrevocable offer was subsequently recorded on June 24, 1995.
' Mitigation Measure # 5 2 requires a soil gas sampling and monitoring program,
which is to include methane and hydrogen sulfide. This report was submitted to
the City on March 7, 1996 as part of the Lower Campus parking lot application.
' Mitigation Mesiure # 5 6 requires a study of potential hazardous constituents on-
site. This report was submitted to the City on March 7, 1996 as part of the
Lower Campus parking lot application.
Mitigation Measure # 6 3 requires collection and analysis of soil samples for
BTEC and priority pollutants. This study was submitted to the City on
March 7, 1996 as part of the Lower Campus parking lot application.
Mitigation Measure # 1 1 a requires Hoag Hospital to pay $250,000 to the City
for the construction of a sidewalk and installation of landscaping in the Caltrans
right-of-way along the west side of Newport Boulevard southerly of Hospital
Road and (if funds remain) for the construction of facilities necessary to bring
reclaimed water to West Newport and/or the Hospital. Hoag Hospital
$250,000 to the City during the second annual review period. p Paid the
1250.16-36.31.96DEV.AGREE.REV.2 -6 - October 2, 1996
Table 1
HOAG HOSPITAL DEVELOPMENT AGREEMENT
MITIGATION ANNUAL REVIEW
April 15, 1995 to April 15, 1996
1250.16-36.31-96DEV.AGREE.REV.2 October 2, 1996
One -Time
Compliance
Annual
Compliance
Project Specific Compliance '
Flare Lower Campus
Relocation/ScrubberParking Lot '•
Installation
1
X X
2
X X
3
X
4
5
X
6
X
X
7
X
X
8
X
X
9
X
10
X X
11
X
12
X
13
14
EEE
15
X
16
X
X
17
X
X
18
X
X
19
X
X
20
X
X
21
X
22
X
23
X
24
X X
25
X
26
27
X
28
X
29
30
31
X
32
X
33
34
35
X
36
X
37
1250.16-36.31-96DEV.AGREE.REV.2 October 2, 1996
Table 1, continued
HOAG HOSPfTAL DEVELOPMENT AGREEMENT
MITIGATION ANNUAL REVIEW
April 15, 1995 to April 15, 1996
1250.16-36.31-96DEV.AGREE. REV.2
October 2, 1996
'A12
Table 1, continued
HOAG FIOSPI TAL DEVELOPMENT AGREEMENT
MITIGATION ANNUAL REVIEW
April 15, 1995 to April 15, 1996
X
1250.16-36.31-96DEV.AGREE.REV.2 October 2, 1996
h [�
One -Time
Compliance
Annual
Compliance
Project Specific Compliance '
Flare Lower Campus
Relocation/Scrubber Parking Lot "
Installation
75
X
X
76
X
X
77
X
X
78
X
X
79
X
X
80
X
X
81
X
X
82
X
83
X
84
X
85
86
X
87
88
89
90
X
91
X X
92
93
94
95
96
97
98
99
100
101
X
102
X
103
X X
104
X
105
X
106
X X
107
X X
108
X
109
110
X
X X
111
X
X
1250.16-36.31-96DEV.AGREE.REV.2 October 2, 1996
h [�
112
113
114
115
116
117
118
119
120
121
122
123
Table 1, continued
HOAG HOSPITAL DEVELOPMENT AGREEMENT
MITIGATION ANNUAL REVIEW
April 15, 1995 to April 15, 1996
One -Time Annual Project Specific Compliance •
Compliance Compliance
Flare Lower Campus
Relocation/Scrubber Parking Lot "
Installation
X X X
X
X
X
X
X
1
1
X
9
One-time compliance measures may be required to be implemented as part of a
specific project.
Some of the mitigation measures required for the Lower Campus Parking Lot
project were completed or underway as part of the Phase I Mass Grading Plan
project that was subsequently made a part of the Lower Campus Parking Lot
project.
1250.16-36.31.96DEV.AGREE.REV.2
October 2, 1996
Table 2
Project: Flare Relocation/Scrubber Installation
APPLIES AMR ' N/A APPLIES AMR ' N/A
1
COMPLETE
2 3
X
2
COMPLEI-E
24
COMPLETE
3
X
25
X
4
X
26
X
5
X
27
X
6
X
X
28
7
X
X
29
8
X
30
X
X
9
X
31
10
COMPLETE
32
X
11
X 33
X
12
X
34 X
13
X
35 X
14
X
3 6 COMPLETE
15
X
37 X
16
X
38 X
17
X
39 X
40 X
41 X
42 X
18
X
19
X
20
X
21
X 4
3 COMPLETE
X
22
X 44
1250.16-36.31-96DEV.AGREE.REV.2
October 2, 1996
i
APPLIES
Table 2, continued
Project: Flare Relocation/Scrubber Installation
APPLICABILITY OF MITI ATION MFASt 1RFc
AMR ' N/A APPLIES
46
i
50
51
i
i
i
i
i
0
Table 2, continued
Project: Flare Relocation/Scrubber Installation
APPLICABILITY OF MITI ATION MFASt 1RFc
AMR ' N/A APPLIES
AMR ' N/A
1250.16-36.31.96DEV.AG REE.REV.2
October 2, 1996
i
i
i
i
0
i
AMR ' N/A
1250.16-36.31.96DEV.AG REE.REV.2
October 2, 1996
r
Table 2, continued
Project: Flare Relocation/Scrubber Installation
APPLICABILITY OF MITIGATION EAS
RES
APPLIES AMR ' N/A APPLIES AMR
N/A
' AMR = Annual Monitoring Report for Development Agreement Compliance
Note: Status of Mitigation Measures reflects status as of November 15, 1995 (the date /
the City gave final approval to the plans) and does not reflect changes to the
project that may occur as a result of the ongoing work with the City and Caltrans.
These changes may necessitate the resubmittal of some of the mitigation measures
to the City for review and approval.
1250.16-36.31-96DEV.AG REE.REV.2
October 2, 1996 ,� p
Table 3
Project: Lower Campus Parking Lot
1250.16-36.31-96DEV.AGREE.REV.2
October 2, 1996 1) 9
APPLIES AMR '
N/A
APPLIES AMR '
N/A
1
COMPLETE
23
X
2
COMPLETE
24
COMPLETE
3
COMPLETE~
25
X
4
X 26
X
5
27
COMPLETE
X
6
COMPLETE
28
X
7
COMPLETE
29
8
COMPLETE
3 0
EEIE
COMPLETE
COMPLETE
31
3 2—
X
9
10
X
COMPLETE
33
34
COMPLETE
x
1 1
12
X
13
COMPLETE
COMPLETE
3 5
36
X
14
X
COMPLETE
COMPLETE
37
-38
3 9
COMPLETE
CGtVtPtFTE
X
15
16
17
COMPLETE
4 0
X
18
X
19
COMPLETE
41
COMPLETE
COMPLEZE
COMPLETE
4 2
43
4 4
X
COMPLETE
T::
X
20
21
22
X
1250.16-36.31-96DEV.AGREE.REV.2
October 2, 1996 1) 9
APPLIES
45
i
46
48
50,
I—M
-
5 1 �
i
:5 5
e.
e
Table 3, continued
Project: Lower Campus Parking Lot
APPLICABILITY OF MITI ,A-0ON MEASURES
AMR ' N/A APPLIES
X 69
X 7 0 COMPLETE
171
72
AMR ' N/A
X
x
x
X
X
X
1250.16-36.31-96DEV.AGREE. REV.2
October 2, 1996 .fin
i
i
e.
e
AMR ' N/A
X
x
x
X
X
X
1250.16-36.31-96DEV.AGREE. REV.2
October 2, 1996 .fin
Table 3, continued
Project: Lower Campus Parking Lot
APPLIES AMR ' N/A APPLIES AKAR * .,,.
r%lvin = Hnnuai Monitoring Report for Development Agreement Compliance
" Pending formal sGbmittal of fault study results to the City.
1250.16-36.31-96DEV.AGREE.REV2
October 2,1996
Table 4
EMERGENCY UNITS RESPONDING TO HOAG HOSPITAL
APRIL 15, 1996
Newport Beach Fire Department Santa Ana Fire Department
NM -2 SAM -4
475 32nd Street 1427 South Broadway
Newport Beach, California 92660 Santa Ana, California 92707
Newport Beach Fire Department
NM -3
868 Santa Barbara Avenue
Newport Beach, California 92660
Costa Mesa Fire Department
MM81
2803 Royal Palm
Costa Mesa, California 92626
Costa Mesa Fire Department
MM83
1865 Park Avenue
Costa Mesa, California 92627
Costa Mesa Fire Department
MM85
Civic Center Station
2450 Vanguard Way
Costa Mesa, CA 92626
Costa Mesa Fire Department
MM82
800 Baker Street
Costa Mesa, California 92626
Costa Mesa Fire Department
MM84
2300 Placentia
Costa Mesa, California 92626
Orange County Fire Department
ORCO 1-4
2 California
Irvine, California 92715
Huntington Ambulance Service
P.O. Box 145
Sunset Beach, California 90742
Med Trans Ambulance Company
2131 Placentia Avenue
Costa Mesa, California 92627
Schaefer Ambulance Company
2215 South Bristol
Santa Ana, California 92704
Doctor's Ambulance Company
23095 Terra Drive
Laguna Hills, California 92653
Medix Ambulance Company
310 West 18th Street
Tustin, California 92680
Careline Ambulance Company
P.O. Box 70014
Anaheim, California 92825
Mercy Air Ambulance
P.O. Box 2532
Fontana, California 92334-2532
Search and Rescue (SAR)
MCAS
EI Toro Air Force Base
Santa Ana, California 92709-5020
Newport Beach Police Department
P.O. Box 7000
Newport Beach, California 92660
Laguna Beach Fire Department
LM -2 Costa Mesa Police Department
285 Agate Street 99 Fair Drive
Laguna Beach, California 92651 Costa Mesa, California 92626
The emergency units provided in Table 4 frequent Hoag Hospital on a regular basis.
Additional emergency service units also serve Hoag Hospital on a less frequent basis.
1250.16-36.31-96DEV.AGREE.REV.2
October 2, 1996 .�
APPENDIX A
HOAG HOSPITAL MASTER PLAN PROJECT
AMENDMENT NO. 744
MITIGATION MEASURES
AS ADOPTED BY THE CITY OF NEWPORT BEACH
MAY 11, 1992
MITIGATION MEASURE SUMMARY
1. Prior to the issuance of a grading permit, the Project Sponsor shall document to the City
of Newport Beach Building Department that grading and development of the site shall be
conducted in accordance with the City of Newport Beach Grading Ordinance and with plans
prepared by a registered civil engineer. These plans shall incorporate the
recommendations of a soil engineer and an engineering geologist, subsequent to the
completion of a comprehensive soil and geologic investigation of the site. Permanent
reproducible copies of the "Approved as Built" grading plans shall
Building Department by the Project Sponsor. be furnished to the
2. Prior to the issuance of a grading permit, the Project Sponsor shall submit
documentation to the City of Newport Beach Building Department confirming that all cut
slopes shall be monitored for potential instabilities by the project geotechnical engineer
during all site grading and construction activities and strictly monitor the slopes in
accordance with the documentation.
3. Prior to the issuance of a grading permit, the Project Sponsor shall provide to the City
of Newport Beach a comprehensive soil and geologic investigation and report of the site
prepared by a registered grading Engineer and/or engineering geologist. This report
shall also identify construction excavation techniques which ensure no damage and
minimize disturbance to adjacent residents. This report shall determine if there are any
faults on site which could render all or a portion of the property unsafe for construction.
All recommendations contained in this investigation and report shall be incorporated into
project construction and design plans. This report shall be submitted to the City for
review and approval.
4. Prior to the completion of the final design phase, the Project Sponsor shall demonstrate
to the City of Newport Beach Building Department that all facilities will be designed and
constructed to the seismic standards applicable to hospital related structures and as
specified in the then current City adopted version of the Uniform Building Code.
5. Prior to the issuance of grading or building permits
Building Department shall ensure that geotechnical recommendations develoine included ment,t i n
"Report of Geotechnical Evaluation for Preparation of Master Plan and Environmental
Impact Report, Hoag Memorial Hospital Presbyterian Campus, 301 Newport Boulevard,
Newport, California" as prepared by LeRoy Crandall Associates, June, 1989, and in the
report prepared pursuant to Mitigation Measure 3, are followed.
6. Prior to the issuance of a grading permit, the Project Sponsor shall conduct a soil
corrosivity evaluation. This evaluation shall be conducted by an expert in the field of
corrosivity. The site evaluation shall be designed to address soils to at least the depth to
which excavation is planned. At a minimum, at least one sample from each soil type
1250.16-36.31-MMSUM
Page 1
10/1/96 —�
should be evaluated. Appropriate personnel sic
personnel during the field evaluation. In the event soils eare found on Ito be corrosive, l be worn field
source and extent of the corrosive soils shall be determined the
infrastructure shall be designed to control the potential impact got orrrosi buildings
Ilsoilss over
time.
7. Based on the corrosion assessment and source determination, a soils and construction
material compatibility evaluation shall also be undertaken, concluding with the
appropriate mitigation measures and design criteria. Corrosion resistant construction
materials are commonly available and shall be used where the evaluation/assessment
concludes that corrosive soils conditions could adversely impact normal construction
materials or the materials used for the mitigation of subsurface
gas
example, there are many elastomers and plastics, like PVC, which a endresistantFor
tto
corrosion by up to 70 percent sulfuric acid at 140 degrees Fahrenheit.
8. Should the soil be identified as hazardous due to the severeness of their corrosivit i,
a pH less than 2.5), on-site remediation by neutralization shall be undertaken prior to
construction. Appropriate regulatory agency approvals and permits shall also be
obtained.
9. Prior to issuance of grading permits, the Project Sponsor shall ensure that a
construction erosion control plan is submitted to and approved by the City of Newport
Beach that is consistent with the City of Newport Beach Grading Ordinance and includes
Procedures to minimize potential impacts of silt, debris, dust and other water
Pollutants. These procedures may include:
• the replanting of exposed slopes within 30 days after grading or as required by the
City Engineer.
• the use of sandbags to slow the velocity of or divert stormflows.
• the limiting of grading to the non -rainy season.
The Project Sponsor shall strictly adhere to the approved construction erosion
plan and compliance shall be monitored on an on-going basis by the Newpocon
Beach
Building Department.
10• Prior to the issuance of grading permits the Project Sponsor shall submit a landsca e
plan which includes a maintenance program to control the use of fertilizers p
Pesticides, and an irrigation system designed to minimize surface runoff and
overwatering. This plan shall be reviewed by the Department of Parks, Beaches d
Recreation and approved by the City of Newport Beach Planning Department. The
Project Sponsor shall install landscaping in strict compliance with the approved plan.
1 1 • The Project Sponsor shall continue the current practice of routine vacuuming of all
existing parking lots and structures and shall also routinely vacuum all future parking
lots and structures at current frequencies. Upon implementation of the County of Orange
Storm Water Master Plan, routing vacuuming shall be done in accordance with athe
requirements specified in the plan.
1250.16-36.31-MMSUM
Page 2
10/1/96 2 117
12. Upon completion of final building construction plans, and prior to the issuance of a i
grading permit for each phase of development, the Project Sponsor shall ensure that site
hydrological analyses are conducted to verify that existing drainage facilities are
adequate. The applicant shall submit a report to the City of Newport Beach Building
Department for approval, verifying the adequacy of the proposed facilities and
documenting measures for the control of siltation and of erosive runoff velocities. A
copy of this report shall be forwarded to the California Regional Water Quality Control
Board, Santa Ana Region.
13. Prior to the completion of final construction plans, the Project sponsor shall submit a
comprehensive geotechnical/hydrologic study to the City of Newport Beach Building
Department, which includes data on groundwater. This study shall also determine the
necessity for a construction dewatering program and subdrain system.
14. Prior to the completion of final building construction plans for each phase of Lower
Campus development, the Project Sponsor shall submit an application to the Regional
Water Quality Control Board for an NPDES permit if a construction dewatering or
subdrain program . is determined necessary by the Building Department based on the
design and elevation of the foundation structures. Also, if dewatering is required by
RWQCB, the Project Sponsor shall also conduct groundwater sampling and analysis, and
submit it to the California Regional Water Quality Control Board Santa Ana Region. The
results of this testing will assist in determining the specifications for the NPDES
permit. The Project Sponsor shall strictly comply with all conditions of any NPDES
permit.
15. Project Sponsor shall strictly comply with its Hazardous Material and Waste
Management Program and its Infectious Control Manual for all new activities associated
with the proposed Master Plan, as well as strictly comply with all new regulations
enacted between now and completion of the proposed Master Plan development.
16. The federal wetland regulations and requirements shall be reviewed by the City and the
Project Sponsor at the time the proposed work is undertaken, and the project shall
comply with all applicable- laws concerning removal and mitigation of wetland at that
time, as required by the U.S. Army Corps of Engineers and the California Coastal
Commission. If this review results in a finding by the Resources Agencies involved in
the permit processes that mitigation is required for impacts to the 1.07 acres of
wetlands dominated by pampas grass, such mitigation will be accomplished as part of the
mitigation required for impacts to sensitive wetland plant communities (Mitigation
Measures 17 and 18).
17. The Project Sponsor shall prepare a comprehensive restoration and management plan
for the wetland mitigation site as required by law. This plan will be submitted to the
following agencies for their review and approval/concurrence prior to issuance of
grading and/or building permits for Master Plan development.
l
1250.16-36.31-MMSUM Page 3
10/1/96
• U.S. Army Corps of Engineers'
• U.S. Fish and Wildlife Service'
• California Department of Fish and Game
• City of Newport Beach
18. The resulting final mitigation plan shall be approved as part of the Coastal Development
Permit for the project. The plan shall also be approved as part of the Corps Section 4 0 4
Permit and Streambed Alteration Agreement, if applicable. A wetland mitigation plan
approved by the appropriate agencies shall be submitted to the City of Newport Beach
prior to issuance of grading and/or building permits for Master Plan development in any
areas affecting wetlands.
19. The plan will be consistent with the following provisions:
• The amount of new wetlands created under the mitigation plan shall be at least of
equal size to the area of sensitive wetland communities impacted by the project.
• The wildlife habitat values in the newly created wetlands shall no be less than those
lost as the result of removal of sensitive wetland communities impacted by the
project.
• The wetlands created shall not decrease the habitat values of any area important to
maintenance of sensitive plant or wildlife populations.
• The wetland mitigation planning effort will take into consideration creation of 0.2
acre of salt grass habitat suitable for use by wandering skipper; such consideration
would be dependent on the nature of the mitigation plan undertaken and whether
wandering skipper could potentially occur in the mitigation area.
• The plan will constitute "an agreement between the applicant and the resource
agencies involved. The plan shall be written so as to guarantee wetland restoration in
accordance with stated management objectives within a specified time frame. The
plan shall describe the applicant's responsibilities for making any unforeseen
repairs or modifications to the restoration plan in order to meet the stated objectives
of the plan.
1 Under the existing regulations, the Corps and USFWS would be consulted as part of the Section
404 permitting process. However, if proposed changes to the regulations result in removal of
the project site from Corps Jurisdiction, these agencies would not be required to review the
wetland mitigation plan.
2 Regardless of other considerations, CDFG will review the wetland mitigation plan for the City
of Newport Beach as part of the Coastal Development Permitprocess;
CD
be provided as part of a Streambed Alteration Agreement, it equired.FG review would also
1250.16.36.31•MMSUM
Page d
20. The following detailed Information will be provided by the Project Sponsor in the final
mitigation plan:
• Diagrams drawn to scale showing any alterations to natural landforms;
• A list of plant species to be used;
• The method of plant introduction (i.e., seeding, natural succession, vegetative
transplanting, etc.); and
• Details of the short-term and long-term monitoring plans, including financing of the
monitoring plans,
21. Prior to the issuance of a grading permit, an Orange County certified archaeologist shall
be retained to, and shall, monitor the grading across the project area. The archaeologist
shall be present at the pre -grading conference, at which time monitoring procedures
acceptable to and approved by the City shall be established, including procedures for
halting or redirecting work to permit the assessment, and possible salvage, of unearthed
cultural material.
22. Prior to the issuance of grading permits, an Orange County certified paleontologist shall
be retained to, and shall, monitor the grading activities. The paleontologist shall be
present at the pregrading conference, at which time procedures acceptable to and
approved by the City for monitoring shall be established, including the temporary
halting or redirecting of work to permit the evaluation, and possible salvage, of any
exposed fossils. All fossils and their contextual stratigraphic data shall go to an Orange
County institution with an educational and/or research interest in the materials.
23. The Project Sponsor shall construct, if feasible and by mutual agreement, and maintain a
fence along the common property line west of the Upper Campus. The proposed design of
the fence shall be reviewed and approved by the City Engineering Department.
24. The proposed project is subject to all applicable requirements 'of the City of Newport
Beach General Plan, Zoning Code and Local Coastal Program (LCP). Those requirements
that are superseded by the PCDP and District Regulations are not considered applicable.
The following discretionary approvals are required by the City of Newport Beach: EIR
certification, adoption of the Master Plan, adoption of the Planned Community
Development Plan and District Regulations, approval of a Development Agreement,
approval of a zone change to Planned Community District, grading permits, and building
permits for some facilities. The California Coastal Commission has the discretionary
responsibility to issue a Coastal Development Permit for the Lower Campus and a Local
Coastal Program Amendment for the Lower Campus.
25. Subsequent to completion of Phase I of the project, the Project Sponsor shall conduct a
Traffic Phasing Ordinance (TP) (sic) analysis for Phase II and II (sic) Master Plan
development. The analysis shall identify potential intersection impacts, the proposed
project traffic volume contributions at these impacted intersections, and the schedule rr
for any intersection improvements identified as necessary by the study to insure a 1_
satisfactory level of service as defined by the TPO. This report shall be approved by the
City prior to commencement of Phase II or III construction.
1250.16.36.31-MMSUM Page 5
10/1/96 ,�?,Q
26. Prior to issuance of building permits for Phase I of the project, the Project Sponsor
shall conduct a project trip generation study which shall be reviewed and approved by
the City Traffic Engineer. This study shall determine if the traffic to be generated by
existing plus Phase I development will not exceed 1,338 PM peak hour traffic trips. In
generate more than 1,338 PM peak hour trips, the project shall be reduthe event the Traffic Engineer determines that existing plus Phase I developmeI
ced in size o nt w i I
the mix of land uses will be altered to reduce the PM peak hour trips to d or below
1,338.
27. Subsequent to completion of Phase I Master Plan development, the Project Sponsor shall
conduct a project trip generation study to be reviewed and approved by the City Traffic
Engineer. This study shall analyze whether the traffic to be generated by the subsequent
phases of development (Phases II and III) will exceed 1,856 PM peak hour trips when
added to the trips generated by existing (including Phase 1) Hoag Hospital development.
This study shall be conducted prior to the issuance of any grading or building permits for
Phase II or III development.
28. The Project Sponsor shall continue to comply with all applicable regulations adopted by
the Southern California Air Quality Management District that pertain to trip reductions
such as Regulation 15.
29• The project shall comply with the City of Newport Beach Transportation Demand
Management Ordinance approved by the City Council pursuant to the County's Congestion
Management Plan.
30. In order to ensure accessibility to the available transit services for employees, visitors
and patrons of the Hospital, the following transit amenities shall be incorporated into the
Master Plan project:
Bus turnouts shall be installed if, and as required, by the City Traffic Engineer at a I I
current bus stop locations adjacent to the project site. Bus turnouts shall be installed in
accordance with standard design guidelines as indicated in OCTD's Design Guidelines for
Bus Facilities.
31. Prior to issuance of a grading permit for any of the proposed Master Plan facilities, the
Project Sponsor shall implement a pilot program approved by the City Traffic Engineer
that monitors and manages usage of the Upper and Lower Campus service roads during
non -working hours. Such controls may include requesting that the majority of vendors
deliver products (other than emergency products) during working hours (i.e., 7:00 a.m.
to 8:00 p.m.), signage to restrict use of the road by hospital employees, physicians,
patients and visitors during non -working hours, and other methods by which to restrict
use. The hospital shall also request that vendors not deliver (i.e., scheduled and routine
deliveries) on the weekends.
This restriction specifically applies to scheduled and routine deliveries. The results of
this program shall be submitted to the City for review prior to issuance of the grading
permit. If the results indicate that such controls do not significantly impact the
operations of the hospital, and provided that requests for specified vendor delivery times
is consistent with future Air Quality Management Plan procedures, the City may require
1250.16-36.31-MMSUM
Page 6
10/1'96 .,a
that the program be implemented as hospital policy. If operation impacts are
significant, other mitigation measures would be investigated at that time to reduce
service road impacts to the adjacent residential units.
32. Prior to issuance of approvals for development P phases subsequent to Phase I, the
applicant shall submit to the City Traffic Engineer for his/her review and approval a
study that identifies the appropriate parking generation rates. The findings of this study
shall be based on empirical or survey data for the proposed parking rates.
33. Prior to the issuance of precise grading permits for the
ase of Master lan
development that includes new, or modifications to existing, internal roadways (other
than service roads), the Project Sponsor will prepare an internal circulation plan for
submittal to and approval by the Director of Public Works that identifies all feasible
measures to eliminate internal traffic congestion and facilitates ingress and egress to the
site. All feasible measures identified in this study shall be incorporated into the site
plan.
34. Depending on actual site buildout, intersection improvements may be required at the
Hospital Road (Upper Campus access) Placentia Avenue Intersection and at the WCH
(Lower Campus access) intersection. The need for these improvements shall be assessed
during subsequent traffic studies to be conducted in association with Mitigation Measure
25.
35. As each phase of the Master Plan is constructed, the Project Sponsor shall provide each
new employee a packet outlining the available ridesharing services and programs and the
number of the Transportation Coordinator. All new employees shall be included in the
yearly update of the trip reduction plan for Hoag Hospital, as required by Regulation XV.
36. Prior to issuance of grading and building permits for each phase of development, the
Project Sponsor shall provide evidence for verification by the Planning Department that
the necessary permits have been obtained from the SCAQMD for regulated commercial
equipment incorporated within each phase. An air quality analysis shall be conducted
prior to each phase of development for the proposed mechanical equipment contained
within that phase that identifies additional criteria pollutant emissions generated by the
mechanical equipment to be installed in that phase. If the new emissions, when added to
existing project emissions could result in impacts not previously considered or
significantly change the land use impact, appropriate CECA documentation shall be
prepared prior to issuance of any permits for that phase of development. Each
subsequent air quality analysis shall be reviewed and approved by the SCAQMD.
37. Prior to the issuance of grading and building permits for each
project proponent shall provide evidence for verification by thesopmen Planning ID pat'
the
that energy efficient lighting has been incorporated into the project design. rt
ment
38. Prior to the issuance of grading and building permits for each phase of Master Plan
development, the Project Sponsor shall provide evidence that site plans incorporate the
site development requirements of Ordinance No. 91-16, as appropriate, to the Traffic
Engineering Division and Planning Department for review and Planning Commission
approval. Requirements outlined in the Ordinance include:
1250.16-36.31 •MMSUM
Page 7
10'1196 i
1) A minimum of five percent of the provided parking at new facilities shall be
reserved for carpools. These parking places shall be located near the employee
entrance or at other preferential locations.
2) A minimum of two bicycle lockers per 100 employees shall be provided.
Additional lockers shall be provided at such time as demand warrants.
3) A minimum of one shower and two lockers shall be provided.
4) Information of transportation alternatives shall be provided to all employees.
5) A rideshare vehicle loading area shall be designated in the parking area.
6) The design of all parking facilities shall incorporate provisions for access and
parking of vanpool vehicles.
7) Bus stop improvements shall be required for developments located along
arterials where public transit exists or is anticipated to exist within five years.
The exact number of each of the above facilities within each phase of the Master Plan
shall be determined by the City during review of grading and building permit
applications for each phase. The types and numbers of facilities required of each phase
will reflect the content of the Ordinance at the time that a permit application is dem
complete by the Planning Department.
39. If noise levels in on-site outdoor noise sensitive use areas exceed 65 CNEL, the Project
Sponsor shall develop measures that will attenuate the noise to acceptable levels for
proposed hospital facilities. Mitigation through the design and construction of a noise
barrier (wall, berm, or combination wall/berm) is the most common way of alleviating
traffic noise impacts.
40. Prior to occupancy of Master Plan facilities, interior noise levels shall be monitored to
ensure that on-site interior noise levels are below 45 CNEL If levels exceed 45 CNEL,
mitigation such as window modifications shall be implemented to reduce noise to
acceptable levels.
41. Prior to issuance of a grading and or building
demonstrate to the City that existing noise levels associated with the on sitepexhaust fanl
are mitigated to acceptable levels. Similarly, the Project Sponsor shall demonstrate to
the satisfaction of the Building Department that all noise levels generated by new
mechanical equipment associated with the Master Plan are mitigated in accordance with
applicable standards.
42. The City of Newport Beach shall send a letter to each emergency vehicle company that
delivers patients to Hoag Hospital requesting that, upon entrance to either the Upper or
Lower Campus, emergency vehicles turn off their sirens to help minimize noise impacts
to adjacent residents. Hoag Hospital will provide the City with a list of all emergency
vehicle companies that deliver patients to Hoag Hospital.
1250.16.36.31 •MMSUM
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r, r-
43. Prior to issuance of grading and building permits, the Project Sponsor shall ensure that
a landscape and irrigation plan is prepared for each building/improvement within the
overall Master Plan. this (sic) plan shall be prepared by a licensed landscape architect.
The landscape plan shall integrate and phase the installation of landscaping with the
proposed construction schedule. The plan shall be subject to review by the Parks,
Beaches and Recreation Department and approval by the Planning Department and Public
Works Department.
44. Prior to issuance of a building permit, the Project Sponsor shall submit plans to, and
obtain the approval of plans from, the City Planning Department which detail the
lighting system for all buildings and window systems for buildings on the western side of
the Upper Campus. The systems shall be designed and maintained in such a manner as to
conceal light sources and to minimize light spillage and glare to the adjacent residential
uses. The plans shall be prepared and signed by a licensed electrical engineer, with a
letter from the engineer stating that, in his or her opinion, this requirements (sic) has
been met.
45. Prior to issuance of a building permit, the Project Sponsor shall submit plans to the
City Planning Department which illustrate that all mechanical equipment and trash
areas will be screened from public streets, alleys and adjoining properties.
46. Prior to issuance of building permits, the Project Sponsor shall submit plans which
illustrate that major mechanical equipment will not be located on the rooftop of any
structure on the Lower Campus. Rather, such buildings will have clean rooftops. Minor
rooftop equipment necessary for operating purposes will comply with all building height
criteria, and shall be concealed and screened to blend into the building roof using
materials compatible with building materials.
47. Prior to issuance of building or grading permits, the Project Sponsor shall make an
irrevocable offer to dedicate and grade the proposed linear and consolidated view park as
identified in the project description (Figure 3.2.1). The Project Sponsor will dedicate
land for a 0.28 acre consolidated view park and a 0.52 acre linear view park.
48. Prior to issuance of a building permit for any lower campus structure, the Project
Sponsor shall prepare a study of each proposed building project to assure conformance
with the EIR view impact analysis and the PCDP and District Regulations, to ensure that
the visual impacts identified in the EIR are consistent with actual Master Plan
development. This analysis shall be submitted to and approved by the City Planning
Department.
49. In the event that hazardous waste is discovered during site preparation or construction,
the Project Sponsor shall ensure that the identified hazardous waste and/or hazardous
materials are handled and disposed in the manner specified by the State of California
Hazardous Substances Control Law (Health and Safety Code Division 20, Chapter 6.5),
standards established by the California Department of Health Services, Office of
Statewide Planning and Development, and according to the requirements of the California
Administrative Code, Title 30, Chapter 22.
50. Prior to construction of structures over or near the Wilshire oil well, Project Sponsor
shall ensure that the Wilshire oil well, or any abandoned, unrecorded well or pressure
1250.16-36.31 •MMSUM page 9
10/1/96
relief well, is reabandoned to the current standards. Abandonment plans will be
submitted to the State Division of Oil and
to
abandonment procedures. The City's building (DO) shallforapbeonoltif notified rthat the
reabandonment was carried out according to DOG procedures. e
51. To further determine the source of the gas on the Lower Campus site, prior to issuance of
a grading permit on the Lower Campus, Project Sponsor shall collect
gas
the nearest fire flooding wells and at Newport Beach Townhomes and compa el thefrom
samples to samples taken from the Hoag gas collection wells prior to site grading and
construction.
52. A soil gas sampling and monitoring program shall include methane and hydrogen sulfide
gas. Samples shall be taken just below the surface, at depth intervals within the
removal zone, and at a depth below the depth of actual disturbance.
performing this initial study may be at risk of exposure to significant --and 'v�dssi ly
lethal --doses of hydrogen sulfide, and shall be appropriately Possibly
protected as required.)
53. A site safety plan shall be developed that addresses the risks associated with exposures to
methane and hydrogen sulfide. Each individual taking
monitoring program shall receive training on the Part in the sampling and
on proper
personal protective equipment. This training shall be at le slt at thedleveell required by
CFR 2910.120.
54. If the analysis of the initial soil gas samples show unacceptable levels of hazardous
constituents that have the potential to pose a health risk during construction activities,
additional gas collection wells shall be drilled to contain and collect the gas.
55. Continuous monitoring for methane and hydrogen sulfide shall be conducted during the
disturbance of the soils and during any construction activities that may result in an
increase in the seepage of the gases. The Project Sponsor shall maintain a continuous
monitor in the immediate vicinity of the excavation, and a personal monitor, with an
alarm, shall be worn by each worker with a potential for exposure.
56. A study of other hazardous constituents that may be present in quantities that pose a
health risk to exposed individuals shall be prepared and evaluated prior to the initiation
of the project. The constituents studied shall include compounds that are directly related
to petroleum, such as benzene and toluene.
57. A study shall be conducted that characterizes the wells, the influent gas, and the effluent
of the flare. This study shall characterize the gas over a period of time, to allow f o r
potential fluctuations in concentration and rate.
58. A scrubber system shall be required to reduce the concentration of hydrogen sulfide in
the influent gas.
59. In the event additional gases are to be collected from newly constructed collection wells
as part of a measure to reduce exposures during construction, an evaluation of the
capacity and efficiency of the present flare system shall be conducted prior to connecting
any new sources.
1250.16-36.31 •MMSUM
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10/1/96
60. An automatic re -light system shall be installed on the flare system to reduce the risk of
a potential release of high concentration of hydrogen sulfide. The system shall be
designed with an alarm system that notifies a remote location which is manner (sic) 2 4
hours per day.
61. A continuous hydrogen sulfide monitor that would give warning of a leak of
concentrations in excess of acceptable levels shall be installed in the vicinity of the
flare.
62. A study of the concentration of potential hazardous constituents shall be conducted prior
to initiation of the project to characterize the wastewater and any risks it may pose to
human health prior to development. A stormwater pollution prevention plan shall be
developed to reduce the risk of the transport of hazardous constituents from the site. The
Hospital shall apply for coverage under the State Water Resources Control Board's
General Permit for Storm Water Discharges Associated with Construction Activity and
shall comply with all the provisions of the permit, including, but not limited to, the
development of the SWPPP, the development and implementation of Best Management
Practices, implementation of erosion control measures, the monitoring program
requirements, and post construction monitoring of the system.
63. Soil samples shall be collected from appropriate locations at the site and analyzed for
BTEX and priority pollutants; if the soils are found to contain unacceptable levels of
hazardous constituents, appropriate mitigation will be required, including a complete
characterization of both the vertical and horizontal extent of the contamination, and a
remedial action plan shall be competed and approved by the California Regional Water
Quality Control Board. The Project Sponsor must demonstrate to the City of Newport
Beach compliance with this measure prior to issuance of any permits for Phase I
construction activities.
64. Prior to the issuance of grading or building permits, the Project Sponsor shall evaluate
all existing vent systems located on the lower campus and submit this data to the City
Building and Fire Departments, the State Department of Conservation, Division of Oil and
Gas, and the 'Southern California 'Air Quality Management District for comment.
Additionally, any proposed new passive vents shall be evaluated by these agencies prior
to the issuance of grading or building permits. If the vents are emitting detectable levels
of hydrogen sulfide and/or toxins, the emitted gases must be treated prior to discharge in
a manner acceptable to these agencies.
65. If required by the Southern California Air Quality Air Management District, an air
dispersion model shall be required in order to predict the cumulative effects of the
emissions. Compliance with any additional requirements of the AQMD shall be verified
through a compliance review by the district with written verification received by the
Newport Beach Building Department.
66. Before the issuance of building permits, the Project Sponsor shall submit plans to the
Building Department, City of Newport Beach, demonstrating that continuous hydrogen
sulfide monitoring equipment with alarms to a manner (sic) remote location have been
provided in building designs. This monitoring equipment must be the best available
monitoring system, and the plans must include a preventative maintenance program for
the equipment.and a calibration plan and schedule.
1250.16.36.31-MMSUM Page 11
10'1/96
67. Prior to issuance of a grading permit, the Project Sponsor shall ensure that the inferred
fault traversing the site is trenched and monitored for gas prior to site grading and
construction. If gas monitoring indicates a potential risk during grading, additional gas
collection wells will be drilled to collect and contain the gas.
68. Prior to issuance of building permits, Project Sponsor shall submit plans to the City of
Newport Beach ensuring that all structures built on the Lower Campus are designed for
protection from gas accumulation and seepage, based on the recommendations of a
geotechnical engineer.
69. Project Sponsor shall submit plans to the City of Newport Beach indicating where gas
test boring will be drilled under each proposed main building site once specific building
plans are complete. Such testing shall be carried out, and test results submitted to the
City's building official, prior to issuance of grading permits. If a major amount of gas Is
detected, a directionally drilled well will be permanently completed and put into the
existing gas collection system.
70. Project Sponsor shall submit plans to the Grading Engineer, City of Newport Beach,
with passive gas collection systems under the foundations.
indicating that all buildings and parking lots on the Lower Campus will be constructed
Such a system typically
consists of perforated PVC pipes laid in parallel lengths below the foundation. Riser type
vents will be attached to light standards and building high points. Additionally, parking
lots on the Lower Campus will contain unpaved planter areas and vertical standpipes
located at the end of each length of PVC pipe. The standpipes will serve to vent any
collected gas to the atmosphere. A qualified geotechnical firm shall be retained to design
such systems.
71. Prior to issuance of building permits, Project Sponsor shall submit plans to the
Building Department, City of Newport Beach, demonstrating that all buildings on the
Lower Campus are sealed from gas migration. Such sealing may be installed by the use of
chlorinated polyethylene sheeting or similar approved system. All materials of
construction including the PVC piping and the ground lining must be evaluated for
compatibility with the existing environmental conditions of the soils and/or potential
gases.
72. Prior to issuance of building permits, Project Sponsor shall submit plans to the City of
Newport Beach Building and Fire Departments demonstrating that all buildings on the
Lower Campus will be equipped with methane gas sensors. Such sensors will be installed
in areas of likely accumulation, such as utility or other seldom used rooms. Sensors can
monitor on a continuous basis, and can be tied into fire alarm systems for 24 hour
surveillance.
73. To avoid possible accumulation of gas in utility or other seldom used service or storage
rooms, Project Sponsor shall submit plans to the City of Newport Beach Building
Department prior to issuance of building permits indicating that such rooms are
serviced by the build's (sic) central air condition system (or an otherwise positive
ventilation system that circulates and replaces the air in such rooms on a continu
basis). ous
1250.16-36.31-MMSUM Page 12
10/1/96
74. During construction, Project Sponsor shall ensure that an explosimeter is used to
monitor methane levels and percentage range. Additionally, construction contractors
shall be required to have a health and safety plan that includes procedures for
worker/site safety for methane. If dangerous levels of methane are discovered,
construction in the vicinity shall stop, the City of Newport Beach Fire Department shall
be notified and appropriate procedures followed in order to contain the methane to
acceptable and safe levels.
75. The Project Sponsor may remove the flare system, contain the gas and utilize the gas f o r
Lower Campus facilities. During the containment process and removal of the flare, the
Project Sponsor shall ensure that methane levels are monitored throughout the project
area to ensure that this transition does not create an upset in methane levels or create
odors or risk of explosion.
76. Prior to development on he (sic) Lower Campus, the Project Sponsor shall submit to the
City of Newport Beach within one year of May, 1992, plans to install a scrubber system
to remove hydrogen sulfide from the influent gas to the flare. The design and
construction of the system should be in accordance with the Best Available Control
Technologies, and must be in compliance with SCAQVO (District) Regulation XIII,
emission offsets and New Source Review.
77. As required by the District, the Project Sponsor shall develop a sampling and analysis
protocol for District approval to evaluate the impact the existing and post -scrubber
emissions will have on the ambient air quality and on possible receptor populations. The
required evaluation shall include analysis for criteria and toxic pollutants, and an
evaluation of the potential risks associated with the emission of these pollutants (Rule
1401). Included in the plans for the design of the scrubber system should be a make-up
gas source.
78. The plans for the design of the new system will include a calibration and maintenance
plan for all equipment, if required by the District as a permit condition, automatic
shutdown devices, sensors and charts for continuous recording of monitoring, and flame
arresters. The project sponsor shall evaluate enclosing or placing new equipment
underground.
79. The Project Sponsor shall submit plans to the City of Newport Beach Building
Department that demonstrate that the flare operation will be shut down within four
years of August, 1992. The project sponsor must prepare and obtain approval from the
SCAQMD to implement a sampling and analysis protocol for evaluation of the existing
emissions from the flare after scrubbing (Mitigation Measures 75 & 76), and the effect
of flare shutdown on ambient air quality. The methane gas source should be used, i f
engineering design allows, as a supplemental source of fuel for the Hospital's boilers. I f
the gas is not usable, the flare shall be relocated
80. The plans for the design of the new system will include a calibration and maintenance
plan for all equipment, and if required by the District as a permit condition, automatic
shutdown devices, sensors and charts for continuous recording of monitoring, and flare
arresters. The project sponsor shall evaluate enclosing or placing new equipment
underground.
1250.16-36.31•MMSUM Page 13
10/1/96 �//�
81. Prior to Installation of the scrubber system, the Project Sponsor shall develop a
protocol for a study to evaluate the integrity of the control equipment and piping, The
Project Sponsor must obtain agreement from the District on the protocol prior to
initiating the study.
82. Before the issuance of building permits, the Project Sponsor shall submit plans to the
Building Department, City of Newport Beach, demonstrating compliance with all
applicable District Rules, including Rule 402, Public Nuisance, and Rule 403, Fugitive
Dust.
83. Before the issuance of building permits, the Project Sponsor must submit plans to the
City of Newport Beach demonstrating that its Hazardous Materials and Waste Management
Plan and its Infectious Control Manual have been modified to include procedures to
minimize the potential impacts of emissions from the handling, storage, hauling and
destruction of these materials, and that the Project Sponsor has submitted the modified
plans to the City of Newport Beach, Fire Prevention Department, and the Orange County
Health Care Agency, as required by the Infections Waste Act and andAB2the/2 ran
87.
84. Project Sponsor shall continue compliance with its Hazardous Material and Waste
Management Program and its Infectious Control Manual for all new activities associated
with the proposed Master Plan, as well as comply with all new regulations enacted
between now and completion of the proposed Master Plan.
85. To the satisfaction of the City building official, the Project Sponsor shall expand existing
hazardous infectious, radiological disposal facilities to add additional storage areas as
necessary to accommodate the additional waste to be generated by the expanded facilities.
86. The Project Sponsor shall provide evidence to the Planning Director that measures to
ensure implementation and continued compliance with all applicable SCAQMD, Air Toxic
Rules, specifically Rules 1401, 1403, 1405 and 1415, are being carried out.
87. The Project Sponsor shall submit plans to the City Building Department verifying that
all roadways associated with the development of the Master Plan will be paved early in
the project, as a part of Phase I Master Plan development construction activities.
88. The Project Sponsor shall submit plans to the City Building Department prior to the
issuance of a building permit for each phase of development, verifying that energy
efficiency will be achieved by incorporating appropriate technologies and systems into
future structures, which may include:
• High efficiency cooling/absorption units
• Thermal storage and ceramic cooling towers
• Cogeneration capabilities
• High efficiency water heaters
• Energy efficient glazing systems
1250.16.36.31 •MMSUM Page 14
10/1/96 /—�.7
• Appropriate off -hour heating/cooling/lighting controls
• Time clocks and photovoltaic cells for lighting controls
• Efficient insulation systems
• Light colored roof and building exteriors
• PL lighting and fluorescent lighting systems
• Motion detector lighting controls
• Natural interior lighting - skylights, clerestories
• Solar orientation, earth berming and landscaping
89. The Project Sponsor shall demonstrate to the City Building Department that methods and
materials which minimize VOC emissions have been employed where practical, available
and where value engineering allows it to be feasible.
90. In conjunction with the Critical Care Surgery addition, he (sic) Project Sponsor will
place the overhead power lines located west of the Upper Campus underground if feasible.
91. Prior to the issuance of grading permits, emergency fire access to the site shall be
approved by the City Public Works and Fire Department.
92. Prior to the issuance of building permits, the Project Sponsor shall demonstrate that
final design of the project shall provide for the incorporation of water -saving devices
for project lavatories and other water -using facilities. The Project Sponsor will also
comply with any other City adopted water conservation policies.
93. Prior to issuance of grading permits, a master plan of water and sewer facilities shall be
prepared for the site. The Project Sponsor shall verify the adequacy of existing water
and sewer facilities and construct any modifications or facilities necessitated by the
proposed project development.
94. Prior to the issuance of building permits, the Project Sponsor shall demonstrate, to the
satisfaction of the City Fire Department, that all buildings shall be equipped with fire
suppression systems.
95. Prior to issuance of building permits, the Project Sponsor shall demonstrate to the City
Fire Department that all existing and new access roads surrounding the project site shall
be designated as fire lanes, and no parking shall be permitted unless the accessway meets
minimum width requirements of the Public Works and Fire Departments. Parallel
parking on one side may be permitted if the road is a minimum 32 feet in width.
96. Prior to issuance of a building permit, the Project Sponsor shall demonstrate to the City
that the thermal integrity of new buildings is improved with automated time clocks or `
occupant sensors to reduce the thermal load.
1250.16.36.31-MMSUM Page 15
10/1/96 �� n
97. Prior to issuance of a building permit, the Project Sponsor shall demonstrate to the City
that window glazing, wall insulation, and efficient ventilation methods have been
incorporated into building designs.
98. Prior to issuance of a building permit, the Project Sponsor shall demonstrate that
building designs incorporate efficient heating units and other appliances, such as water
heater, cooking equipment, refrigerators, furnaces and boiler units.
99. Prior to the issuance of a building permit, the Project Sponsor shall incorporate into
building designs, where feasible, passive solar designs and solar heaters.
100. Sponsor shall ensure that all cut material is disposed of at either an environmentally
cleared development site or a certified landfill. Also, all material exported off site shall
be disposed of at an environmentally certified development cleared landfill with adequate
capacity.
101. In conjunction with the application for a grading permit, the Project Sponsor shall
submit a construction phasing and traffic control plan or (sic) each phase of
development. This plan would identify the estimated number of truck trips and measures
to assist truck trips and truck movement in and out of the local street system (i.e.,
flagmen, signage, etc.). This plan shall consider scheduling operations affecting traffic
during off-peak hours, extending the construction period and reducing the number of
pieces of equipment used simultaneously. The plan will be reviewed and approved by the
City Traffic Engineer prior to issuance of the grading permit.
102. The Project Sponsor shall ensure that all haul routes for import or export materials
shall be approved by the City Traffic Engineer and procedures shall conform with
Chapter 15 of the Newport Beach Municipal Code. Such routes shall be included in the
above construction traffic plan.
103. The Project Sponsor shall provide advance written notice of temporary traffic
disruptions to affected areas, business and the public. This notice shall be provided at
least two weeks prior to disruptions.
104. The Project Sponsor shall ensure that construction activities requiring more than 16
truck (i.e., multiple axle vehicle) trips per hour, such as excavation and concrete
pours, shall be limited between June 1 and September 1 to avoid traffic conflicts with
beach and tourist traffic. At all other times, such activities shall be limited to 25 truck
(1.e., multiple axle vehicle) trips per hour unless otherwise approved by the City
traffic engineer. Haul operations will be monitored by the Public Works Department
and additional restrictions may be applied if traffic congestion problems arise.
105. The Project Sponsor shall ensure that all trucks used for hauling material shall
covered to minimize material loss during transit. be
106. Project Sponsor shall ensure that all project related grading shall be performed in
accordance with the City of Newport Beach Grading Ordinance which contains procedures
and requirements relative to dust control, erosion and siltation control, noise
grading related activities. , and other
1250.16-36.31-MMSUM
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107. Prior to issuance of grading permits, the Project Sponsor shall demonstrate compliance
with SCAQMD Rule 403 which will require watering during the morning and evening
prior to or after earth moving operations. To further reduce dust generation, grading
should not occur when wind speeds exceed 25 miles per hour (MPH), and soil binders on
SCAQMD approved chemical stabilizers should be spread on construction sites or unpaved
areas. Additional measures to control fugitive dust include street sweeping of roads used
by construction vehicles, reduction of speeds on all unpaved roads to 15 miles per hour,
suspension of operations during first and second stage smog alerts, and wheel washing
before construction vehicles leave the site.
108. Prior to issuance of any grading and building permit, the Project Sponsor shall submit a
Trip Reduction Plan for construction crew members. This plan shall identify measures,
such as ride -sharing and transit incentives, to reduce vehicle miles traveled by
construction crews. The plan shall be reviewed and approved by the City Traffic
Engineer.
109. Prior to issuance of a grading permit for each phase of construction, the Project Sponsor
shall submit an analysis to the City Building Department that documents the criteria
emissions factors for all stationary equipment to be used during that phase of
construction. The analysis shall utilize emission factors contained in the applicable
SCAQMD Handbook. The analysis shall also be submitted to the City of Newport Beach
Planning Department for review and approval.
110. The Project Sponsor shall ensure that low emission mobile and stationary equipment is
utilized during construction, and low sulfur fuel is utilized in stationary equipment,
when available. Evidence of this fact shall be provided to the City of Newport Beach
prior to issuance of any grading or building permit.
1 1
1. The Project Sponsor shall ensure that all internal combustion engines associated with
construction activities shall be fitted with properly maintained mufflers and kept in
proper tune.
112, The Project Sponsor shall ensure that 'construction activities are conducted in
accordance with Newport Beach Municipal Code, which limits the hours of construction
and excavation work to 7:00 a.m. to 6:00 p.m. on weekdays, and 8:00 a.m. to 6:00 p.m.
on Saturdays. No person shall, while engaged in construction, remodeling, digging,
grading, demolition, painting, plastering or any other related building activity, operate
any tool, equipment or machine in a manner that produces loud noise that disturbs, or
could disturb, a person of normal sensitivity who works or resides in the vicinity, on
any Sunday or any holiday.
113. Subsequent to the approval of this Agreement by the Coastal Commission and the
expiration of any statute of limitation for filing a legal challenge to this Agreement, the
Master Plan, or the EIR, Hoag shall deposit Two Hundred and Fifty Thousand Dollars
($250,000) in an account, and at a financial institution, acceptable to City. The account
shall be in the name of the City provided, however, Hoag shall have the right to access
the funds in the event, but only to the extent that, Hoag constructs or installs the
improvements described in (i) or (ii). Funds in the account shall be applied to the
following projects (in order of priority upon notice to proceed served by City on Hoag);
1250.16-36.31-MMSUM Page 17 10/1/96
The construction of a sidewalk and installation of landscaping In the CalTrans
right-of-way along the west side of Newport Boulevard southerly of Hospital
Road;
The construction of facilities necessary to bring reclaimed water to West
Newport and/or the Property;
Any funds remaining in the account after completion of the projects described in (i) and
(ii) shall be used by the City to fund, in whole or in part, a public improvement in the
vicinity of the property.
114. Rooftop mechanical equipment screening on the emergency room expansion shall not
extend closer than fifteen feet from the west edge of the structure and no closer than ten
feet from the edge of the structure on any other side.
115. Noise from the emergency room expansion rooftop mechanical equipment shall not exceed
55 dBA at the property line.
116. The Project Sponsor shall pay 75% of the cost of planting thirty 24 -inch ficus trees
(or the equivalent) in the berm between the service road and Villa Balboa southerly
tennis courts. Planting shall occur on Villa Balboa property.
117. Use of the heliport/helipad shall be limited to emergency medical purposes or the
transportation of critically ill patients in immediate need of medical care not available
at Hoag Hospital. Helicopters shall, to the extent feasible, arrive at, and depart from the
helipad, from the northeast, to mitigate noise impacts on residential units to the west
and south.
118. For any building subject to the issuance of the building permit by the Office of the State
Architect, Hoag Hospital shall submit to the State Architect a letter from the City of
Newport Beach indicating that review of the construction plans has been competed and
that the plans are in compliance with all City requirements.
1 1 9. Non -vehicular activities, such as the operation of the trash compactor, which occur in
the vicinity of the service/access road shall be operated only between the hours of
7:00 a.m. and 7:00 p.m. daily.
120. Within one year from the date of final approval of the Planned Community District
Regulations and Development Plan (sic) by the California Coastal Commission, as an
interim measure, the Project Sponsor shall implement an acoustical and/or landscape
screen to provide a visual screen from and reduce noise to adjoining residences from the
loading dock area.
The design process for the Critical Care Surgery Addition shall include an architectural
and acoustical study to insure the inclusion of optimal acoustical screening of the loading
dock area by that addition.
Subsequent to the construction of the Critical Care Surgery Addition, an additional
acoustical study shall be conducted to assess the sound attenuation achieved by that
addition. If no significant sound attenuation is achieved, the hospital shall submit an
1250.16.36.31-MMSUM Page 18
10/1/96
architectural and acoustical study assessing the feasibility and sound attenuation
implications of enclosing the loading dock area. If enclosure is determined to be
physically feasible and effective in reducing noise impacts along the service access road,
enclosure shall be required. Any enclosure required pursuant to this requirement may
encroach into any required setback upon the review and approval of a Modification as set
forth in Chapter 20.81 of the Newport Beach Municipal Code.
121. Prior to issuance of a grading permit for each individual phase of development (i.e., I, 11
or III) the Project Sponsor shall conduct a CO hot spot analysis for the subject phase of
development. This analysis shall utilize the EMFAC7EP emission factor program for the
buildout year of the subject phase of development and the CALINE4 CO hot spot model or
the model recommended for such analysis at that time. The results of this analysis shall
be submitted to the City of Newport Beach Planning Department for review. City staff
will verify consistency with the results of the project buildout CO analysis.
122. The methane gas facility and all building on the lower campus shall be subject to all laws
and regulations applicable, including, but not limited to, the Federal Regulation
contained in 29 CFR 1910, the State Health and Safety Code, Division 20, Chapter 6.905
(sic), and the regulations of OSHA and the National Fire Protection Association. Prior to
the issuance of building permits on the lower campus, the Project Sponsor shall submit
to the Newport Beach Fire Department a compliance review report of all the above
referenced laws and regulations.
123. The design of the critical care/surgery addition shall incorporate screening devices for
the windows which face the Villa Balboa area for the purpose of providing privacy f o r
residents, so long as these screening devices can be designed to meet the Hospital
Building Code requirements regarding the provision of natural light to the facility.
250.16-36.31-MMSUM Page 19 10/1/96
FLETCHER JONES MOTOR CARS
DEVELOPMENT AGREEMENT NO. 9
Project Status Report
Review of the Development Agreement
between
The City of Newport Beach, The Irvine Company
and Fletcher Jones Motor Cars
Introduction
On September 11, 1995, the City Council approved the Development Agreement between the
City of Newport Beach, Fletcher Jones Motorcars, Inc., and the Irvine Company. As part of the
agreement between Fletcher Jones and the City, a sharing of entitlement and development costs
was agreed to in a Memorandum of Understanding executed on March 10, 1995. The MOU
provided for the City to offset certain development costs which were extraordinary, due to the
highly constrained nature of the proposed development site. The Development Agreement
includes the provision that the Irvine Company would dedicate the San Diego Creek North
property to the City of Newport Beach by a Dedication Agreement. A Declaration of Special
Land Use Restrictions provides for The Irvine Company to maintain some control over the use
and improvements on the property.
In approving Development Agreement No. 9 for the Fletcher Jones site, the City Council
approved an amendment of Development Agreement No. 6. The previously approved CIOSA
Agreement included the San Diego Creek North site. The Planned Community District
Regulations for the San Diego Creek North required an amendment deleting the permitted park-
and-ride facility and fire station for this site and changed the land use designation for a portion of
the site from Open Space to Retail and Service Commercial to allow the Fletcher Jones Mercedes
Benz Dealership project to be constructed on this site.
Also included in the amendment to the CIOSA agreement was: a change of the development
acreage on San Diego Creek North from 0 acres to 9.6 acres; the amendment of the "Category 2"
provisions for San Diego Creek North; the deletion of the requirement for the Irvine Company to
dedicate 8.6 acres of land on San Diego Creek North for open/space public facilities; and the
allowance for the remaining 5.1 acres to be used for a wetland mitigation site and Bayview Way
street.
At the same meeting on September 11, 1995, the City Council approved several related
documents: General Plan Amendment No. 95-1(D) and Local Coast Program Amendment No. 39
to designate the property for Retail and Service Commercial use and establish the permitted
intensity of development; Amendment No. 823 to amend the San Diego Creek North/Jamboree
MacArthur Planned Community District Regulations; Use Permit No. 3565 to allow the
establislunent of an automobile dealership on the property; Traffic Study No. 108; and an
amendment to Development Agreement No. 6 (CIOSA).
86
On November 16, 1995, the California Coastal Commission granted a Coastal Development
Permit to the City of Newport Beach and Fletcher Jones Motorcars, co -applicants, for the San
Diego Creek North site.
II. Purpose
The purpose of the Development Agreement is to allow for the development of a previously
undeveloped site known as the "San Diego Creek North" with the Fletcher Jones Mercedes Benz
automobile dealership that is successfully operating in another area of the city. The City, in
wishing to retain the Fletcher Jones dealership that is the single largest sales tax generator in the
City of Newport Beach, has agreed to certain terms and conditions to secure interest in and
entitlements of the development site.
Pursuant to Section 7.04 of the Development Agreement and Chapter 15.45 of the Municipal
Code, the city shall conduct an annual review of Development Agreement No. 9, to review the
parties' good faith and substantial compliance with the agreement in addition to those terms and
conditions required of the City of Newport Beach.
For this review period, the conditions and mitigation measures that are required, are listed below
with an explanation as to how the requirements were or are being met.
Current Status
The subject property is currently being developed. Building Permits were issued for the
construction of the auto dealership on July 29, 1996.
DEVELOPMENT AGREEMENT NO. 9
The City is to acquire three parcels of land located at 3300 Jamboree Road which are
owned by the Irvine Company, Transportation Corridor Agency and CalTrans.
The Dedication Agreement: required the City to determine that the Irvine Company has
satisfied all of its "CIOSA" obligations with respect to the San Diego Creek North parcel.
The City is to perform all of its obligations under the Dedication Agreement dated
December 11, 1995.
The three parcels of land generally located at 3300 Jamboree Road have been
acquired as follows:
a. The Irvine Company parcel was deeded to the City of Newport Beach on
February 9, 1996.
b. The Cal -Trans parcel was deeded to the City of Newport Beach on February
9,1996.
C. The TCA parcel was deeded to the City of Newport Beach on March 18,
1996.
87
r`\
There was no monetary payment for either the Irvine Company, or the TCA
parcels. However, the City of Newport Beach paid Cal -Trans $230,000.00 to
purchase the Cal -Trans owned parcel. The purchase price was based on an
appraisal. Pursuant to the provisions of Development Agreement No. 9,
Fletcher Jones Motorcars reimbursed the City the same amount.
The El Paseo storm drain is currently under construction with an anticipated
completion date of October 31, 1996.
2. The City is to obtain all non-City_permits in cooperation with Fletcher Jones. All non -
City permits, such as California Coastal Commission, Southern California Edison,
Mesa Consolidated Water District, etc. have been obtained.
The Mouth of Big Canyon Coastal Sage Mitigation Program is in progress. An
area -wide (approximately 20.5 acres) invasive and exotic weed removal contract was
recently completed and initial planting of the revegetation sites will begin shortly
and will be complete by December. Both the area wide weed removal and
revegatation work are being completed under private contracts paid by Fletcher
Jones Motorcars, and inspected by a biological consultant under contract to the
City.
3. The City is to construct the Bayview Drive extension 600 feet east of Jamboree Road at
an estimated cost of $400,000 and Fletcher Jones has agreed to reimburse the City
$80,000 for the next five years to pay for those costs.
The Newport Beach City Council awarded a construction contract for Bayview Way
on August 12, 1996.
4. The City is to convey the Irvine Company parcel to Fletcher Jones at a cost equal to the
purchase price paid by the City to Cal -Trans, and to lease the Transportation Corridor
Agency parcel to Fletcher Jones for $1.00 per year.
The Cal -Trans parcel has been deeded to Fletcher Jones Motor Cars and the
purchase price has been paid to the City of Newport Beach by Fletcher Jones Motor
Cars; the TCA parcel has been leased to Fletcher Jones Motor Cars and the Irvine
Company parcel has been deeded to Fletcher Jones Motor Cars, as previously
indicated. Deeds for the foregoing transfers were recorded on May 28, 1996.
5. The City is to split the cost of the entitlement process 50-50. (Fletcher Jones has agreed to
pay for all costs to construct the new dealership) and to prepare all the plans and
specifications for theproject.
88
Fletcher Jones Motor Cars has paid on one-half of the entitlement costs as they have
been incurred and as evidenced by two invoices issued by the City of Newport Beach
which Fletcher Jones Motor Cars paid totaling $143,291.24. Construction of the
dealership is ongoing and Fletcher Jones Motor Cars has borne all costs thereof. All
plans and specifications of the project have been previously prepared, submitted
and approved by all relevant entities.
6. CIOSA Financing District:
Special Improvement District No. 95-1 approved by the City Council on June 12,
1995.
7. Fair Share Fees:
Fletcher Jones Motor Cars has paid its fair share fees and City staff is to determine
if the Irvine Company has received their 50% as required under the Dedication
Agreement.
8. Block 500:
The Dedication Agreement confirms that the City has approved an amendment to
the PC Text for Block 500, which established that the current parking supply for all
uses within Block 500 and satisfies the requirements of the Zoning Code.
9. CIOSA Obligations:
The minutes of the City Council meeting of December 11, 1995 reflect the Council's
finding that The Irvine Company has fully satisfied all of its obligations pursuant to
CIOSA with respect to the San Diego Creek North parcel.
10. Directional Sign: Pending. Fletcher Jones Motor Cars' architect and the Irvine
Company are working to determine the final location of the sign.
11. Obtaininp, of contipauous parcels sale of the CalTrans Parcel to the City of Newport
Beach. (Quitclaim Deed and Easement).
All parcels relative to the site have been acquired and/or transferred, quitclaimed,
or leased to Fletcher Jones Motor Cars as required under the Development
Agreement. All easements required to be obtained have been granted.
12. Declaration of Special Land Use Restrictions and Right of First Refusal:
The Declaration of Special Land Use Restrictions and Right of First Refusal was
executed by all parties and recorded on February 27, 1996.
89
13. Lease Agreement:
The lease agreement for the TCA parcel was executed by the City of Newport Beach
and Fletcher Jones Motor Cars on May 20, 1996, and a Memorandum of Lease was
recorded with the Orange County Recorder on July 19, 1996.
14. Environmental Impact Report No. 155 and Use Permit No. 3565- Conditions of
Approval:
EIR No. 155 and Use Permit No. 3565 were approved by the City Council in August,
1995. All mitigation measures and conditions of approval have been satisfied.
15. Landscape Plans, Lighting and Noise: Appropriate "Holds" have been placed on the
building permits to allow for final acoustical and lighting reports from engineers.
Preliminary reports have been submitted.
16. Archeology and paleontology: Reports to be submitted upon completion of grading
activities.
90
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CIOSA AGREEMENT
DEVELOPMENT AGREEMENT NO.6
Project Status Report
Review of the Development Agreement
between the City of Newport Beach and
the Irvine Company Involving the Proposed Circulation
Improvement and Open Space Agreement
I. Introduction
On September 14, 1992, the City Council adopted Ordinance No. 92 -35 adopting
Development Agreement No. 6., through which the City of Newport Beach and the Irvine
Company entered into the Circulation Improvement and Open Space Agreement
( CIOSA), which involves eleven parcels owned by the Irvine Company within the City of
Newport Beach. Of the eleven, nine are within the coastal zone boundary. The nine
parcels are known as San Diego Creek South, San Diego Creek North,
Jamboree/MacArthur, Upper Castaways, Bay View Landing, Newporter North, Newport
Knoll, Newporter Resort and Corporate Plaza West. Seven of the nine parcels are
adjacent to Upper Newport Bay.
The CIOSA was authorized pursuant to Government Code Section 65867 and Chapter
15.45 of the Newport Beach Municipal Code. The agreement was recorded as Document
No. 93- 0479122 of the Official Records of Orange County, California.
Pursuant to California Government Code Section 65869, a development agreement is not
valid for a development project located in an area for which a local coastal program is
required to be prepared and certified unless the Commission approves such development
agreement by formal commission action. Since the Development Agreement involves
nine sites in the coastal zone, the City of Newport Beach and the Irvine Company
submitted the development agreement to the California Coastal Commission for their
approval.
The Coastal Commission identified a number of issue areas which needed resolution
prior to approval. In an attempt to resolve these issues, the Irvine Company prepared an
addendum to the CIOSA development agreement in order to clarify the authorities of the
City and Coastal Commission and resolve the concerns of the Coastal Commission.
On May 24, 1993, the City Council adopted Ordinance 93 -8 amending the Development
Agreement and on June 10, 1993, the California Coastal Commission gave final approval
to the Circulation Improvement and Open Space Agreement ( CIOSA). The agreement
was then executed and recorded. In December of 1993, the City Council formed an ad
hoc committee to develop an implementation strategy for CIOSA. As a result of the
53
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committee's suggestion, a CIOSA Implementation District was approved by the City
Council on April 25, 1994.
The City of Newport Beach Special Improvement District Financing Code (the "Act")
was enacted by the City Council, pursuant to its charter city powers to provide a method
of financing certain public capital facilities and services in the City. Once duly
established, a special improvement district is a legally constituted governmental entity
within defined boundaries, with the City Council acting on its behalf. Subject to approval
by a two- thirds vote of qualified electors and compliance with the provisions of the Act,
the City Council may issue bonds for a special improvement district and may levy and
collect a special tax within such district to repay such indebtedness.
On May 8, 1995, the City Council of the City began the formal proceedings to establish
its Special Improvement District No. 95- 1(CIOSA) (the "District ") when it adopted its
Resolution Declaring Intention to Establish a Special Improvement District and to
Authorize the Levy of Special Taxes, under the provisions of the Act. Following a duly
noticed public hearing on June 12, 1995, the City adopted its Resolution of Formation of
Special Improvement District No. 95 -1 ( CIOSA), Authorizing the Levy of a Special Tax
Within the District and Preliminarily Establishing an Appropriations Limit for the
District (the "Resolution of Formation "), and its Resolution Calling Special Election for
Special Improvement District No. 95 -1 ( CIOSA). Thereafter an election was held within
the District, at which election authorized representatives of the Irvine Company (the
"Company "), as the then sole landowner of all the taxable property within the District,
cast 100% of the ballots in favor of the proposition of approving formation of the District,
authorizing the incurring of indebtedness, the levying of a special tax, and establishing an
appropriations limit within the District. Following the election, on June 26, 1995, the
City Council adopted its Resolution Declaring Results of Special Election and Directing
Recording of Special Tax Lien. Pursuant to such Council direction, the Notice of Special
Tax Lien was recorded in the official records of the County Recorder of the County of
Orange. As a result of these proceedings, taken pursuant to the Act, authority has been
conferred upon the City Council to annually levy a special tax against parcels of land
within the District and to issue special tax bonds in amounts not to exceed a total of
$26,750,000 to finance certain costs and expenses relating to the construction and
acquisition of public capital improvements as specified in Exhibit A to the Notice of
Special Tax Lien. On December 1., 1995, the CIOSA Bonds were issued in the principal
amount of $7,500,000.
On September 11, 1995, the Newport Beach City Council approved an amendment to
Development Agreement No. 6 to allow for the possible future use of an automobile
dealership on the San Diego Creek North site, which is comprised of 14.7 acres. The
amendment deleted the permitted park -and -ride facility and fire station from the PC Texts
for this site and changed the land use designation for a portion of the site from Open
Space to Retail and Service Commercial to allow for the development of the Fletcher
Jones Mercedes Benz Dealership project. Also included in the amendment to CIOSA was
a change of the development acreage on San Diego Creek North from 0 acres to 9.6 acres,
M,I
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an amendment of the "Category 2" provisions for San Diego Creek North, deletion of the
requirement for the Irvine Company to dedicate 8.6 acres of land on San Diego Creek
North for open space /public facilities, and allowing the remaining 5.1 acres to be used for
a wetland mitigation site and Bayview Way street.
In November 1995, the California Coastal Commission approved the amendment to
CIOSA.
The City and Fletcher Jones Motor Cars entered into Development Agreement No. 9,
which was approved by the City Council on September 11, 1995 involving the San Diego
Creek North site. The status report for Development Agreement No. 9 has been submitted
as a separate report from Development Agreement No. 6.
II. Purpose
The City of Newport Beach and the Irvine Company negotiated a Development
Agreement pertaining to eleven parcels in the City. The agreement resulted in building
entitlement for the Irvine Company, in exchange for which the City of Newport Beach
will receive pre - payment of required "fair- share" road improvement fees, a commitment
to construct road improvements adjacent to the proposed projects, and an interest free
loan. These benefits total approximately 20 million dollars.
Further public benefit arising from the Development Agreement is more public open
space than what was currently required in the City's Land Use Element for the subject
parcels. The Land Use Element designates 67 acres of open space at the sites. As a result
of the amendment to Development Agreement No. 6 and the approval of the Fletcher
Jones auto dealership, the open space being dedicated decreased by 8.6 acres. However,
the Development Agreement still requires the preservation or dedication of land for park
and open space purposes to a greater extent, and more rapidly, than required by the City's
Park Dedication Ordinance or the Recreation and Open Space Element. This represents
at least 76.17 acres more land than would be required under the City's General Plan, and
Park Dedication Ordinance.
The Irvine Company entitlement provided by the development agreement is to be
effectuated through Planned Community District Regulations (PC Texts). The PC texts
are incorporated into Development Agreement No. 6. A separate PC text has been
developed for nine of the subject sites. The PC texts include the amount, location and
intensity of use allowed at the respective sites.
CURRENT DEVELOPMENT STATUS
San Diego Creek South - The site is located on the easterly side of Jamboree Road
between San Diego Creek and University Drive. The site is designated for "Multi- Family
Residential" land use in both the General Plan and the Local Coastal Program. A 300 unit
55
apartment complex known as The Baypoint Apartments is currently under construction
on this site.
San Diego Creek North - The site is located on the easterly side of Jamboree Road
between San Diego Creek and the Corona Del Mar Freeway corridor. This site is
designated for Retail and Service Commercial use and the Fletcher Jones Mercedes Benz
Dealership is currently being constructed on this site. The dealership is scheduled to
open in May, 1997. The Bayview Way extension is currently under construction by the
City and is scheduled to be completed by December, 1996. The auto dealership occupies
9.63 acres of the total 14.7 acres. The balance of the San Diego Creek North site is
occupied by the San Diego Creek Salt Water Marsh and residual open space. The Salt
Water Marsh was a required mitigation site for the San Joaquin Hills Transportation
Corridor. Construction (including planting and temporary irrigation) of the Salt Water
Marsh is complete, and the maintenance and monitoring period is in progress. The
residual open space consists of an undisturbed fresh water marsh and some graded areas
adjacent to the Corridor.
Jamboree/MacArthur - Open Space, no change.
Upper Castaways - The site is located on the Bay side of Dover Drive at 16th Street and
Dover Drive. The site is designated for residential land use in the Upper Castaways
Planned Community District Regulations, the General Plan, and the Local Coastal
Program. Entitlement for the Upper Castaways is approved for 151 dwelling units
although the developer, Taylor Woodrow Homes California Ltd., is constructing only 119
single family dwellings on the site. The models for this development are currently under
construction in addition to a public park, the Bob Henry Park, which was dedicated on
Final Map No. 15012, a passive View Park and bluff top trail, which provide both public
and private open space.
Bavview Landing - no construction to date.
Newporter North - The site is located westerly of Jamboree Road at San Joaquin Hills
Road. The site is designated for residential land use in the Newporter North Planned
Community District Regulations, the General Plan, and the Local Coastal Program.
Entitlement for the Newporter North site is approved for 212 dwelling units. The
developer, Standard Pacific Homes is currently constructing 149 single family detached
homes at the site and is referred to as "Harbor Cove ".
Block 800 - The site is located on San Clemente Drive in Newport Center, across from
the former City library site and Newport Harbor Art Museum; across Santa Maria, is the
Pacific Mutual office building and related parking. The site is designated for "Multi -
Family Residential" uses and is part of the Block 800 Planned Community. The site is
entitled for 245 dwelling units and is currently being developed by Irvine Apartment
Communities as The Colony Apartment Project with 245 residential condominium units,
a clubhouse, guardhouse and subterranean parking garages.
KI
•
Corporate Plaza West - No construction to date.
Freeway Reservation - The South area has been developed with 12 new single family
dwellings located in the Harbor View Hills Planned Community. The new development is
completed. No construction to date, on the proposed 36 units planned for the North site
located at Ford Road and MacArthur Boulevard..
Newporter Knoll - Open space mitigation activities in progress.
Newporter Resort - no construction to date.
Newport Village - Open Space, no change.
57
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DEVELOPMENT AGREEMENT NO. 6
58
#
PROPERTY
ENTITLEMENT
CURRENT
DEVELOP-
OPEN
DEVELOPMENT
MENT
SPACE
ACRES
ACRES TO
BE DEDI-
CATED
I
San Diego Creek
Residential-300 D.U.
Residential-300
18.4
2.4
South
D.U.
2.
San Diego Creek
Retail and Service
Retail and Service
9.6
-0-
North
Commercial
Commercial
3.
Jamboree/MacArthur
Open Space
Open Space
-0-
4.7
4.
Upper Castaways
Residential-151 D.U.
Residential -119
26.0
30.6
D.U.
5.
Bayview Landing
Restaurant 10,000
Restaurant - 10,000
5.0
11.1
S.F.or Health Club-
S.F.or Health Club-
40,000 S.F. or Senior
40,000 S.F. or
Res. -120 D.U.
Senior Res. -120
D.U.
6.
Newporter North
Residential-212 D.U.
Residential-149 S.F.
30.0
47.2
7.
Block 800
Residential-245 D.U.
Residential-245
6.4
D.U.
8.
Corporate Plaza West
Office-94,000 S.F.
Office-94,000 S.F.
9.0
-0-
9.
Freeway Reservation
north area
Residential-36 D.U.
Residential-36 D.U.
7.5
17.3
south area
Residential -12 D.U.
Residential-12 D.U.
3.5
-0-
10.
Newporter Knoll
Open Space
Open Space
-0-
12.0
11.
Newporter Resort
Hotel-Add'l- 68 rooms
Hotel-Add'l- 68
onsite
-0-
rooms
12.
Newport Village
Open Space
Open Space
-0-
12.8
(from Library to San
Miguel)
FT
TOTAL
115.4
138.1
58
i
STATUS OF DEVELOPMENT AGREEMENT
Circulation Improvement and Open Space Agreement Frontage Improve ments•
Frontage Improvements to be Constructed or Bonded for with Project
Development
San Diego Creek South
Jamboree Road/University Drive frontage and intersection improvements.
Currently under construction.
San Diego Creek North
Bayview Way extension.
Currently under construction.
Jamboree/MacArthur
No change required.
Upper Castaways -
Provide R.W. and grade for ultimate width of Dover along property frontage.
Right -of -way dedicated on the Parcel Map and improvements have been modified to
comply with required permits. A 50% funding of . the ClifVDover Drive
improvements are a condition of the Final Tract Map.
Newnorter North
Construct frontage improvements along Jamboree at access to property.
Under construction by the City, nearly complete.
Block 800
Install traffic signal at Santa Cruz/San Clemente intersection.
Bonded. First bond issue provided funds for construction.
Freeway Reservation
Construct 1/2 section of MacArthur to ultimate width along frontage of developed portion
of property.
The developer is providing a bond to cover the construction of the frontage
improvements to be approved by City Council.
Other Projects
A. Construct 1/2 section of MacArthur to ultimate width along frontage of the Irvine
Company owned property at Newport Village.
Under construction by the City.
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B. Construction of 112 section of MacArthur to ultimate width along frontage of Big
Canyon Area 16.
Presently bonded for and in design stage. The developer gave the city a bond to
cover construction of frontage improvements and improvements being designed by
the City.
2. Circulation Improvement Funding
2.1 Fair Share Fees - Paid.
2..2 Frontage Improvements. In progress.
A. Comnletion/Bonding
B. Dedication
C. Acceleration of MacArthur Boulevard Right of Way Dedication.
This is currently under construction by the Irvine Company
2..3 MacArthur Boulevard Improvements Northerly of Ford Road - Complete.
2..4 Company Advance
The City created the CIOSA Finance District. Pursuant to that, bonds
were issued to fund the improvements on the developed properties in
the principal amount of $7,500,000. f
3. Terns and Conditions of the Advance.
The Irvine Company has complied with the terms of the Advance. The
first Bond Issue is in place and the City has not requested a second
issue. The city will request a second issue as the dollars are needed.
5. Open Space and Public Facility Dedications
5..1 Dedication of open soace/public facilities. The Irvine Company has
complied with the required dedications to date.
5..2 Dedications. The Irvine Company has complied with the required
dedications to date.
5..3 Mouth of Big Canyon. No compliance required.
6.3 Mello Roos Community Facilities District. CIOSA Financing District
established in place of the above.
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FINDINGS AND CONDITIONS FOR APPROVAL
FOR CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
ENVIRONMENTAL IMPACT REPORT NO. 148
DEVELOPMENT AGREEMENT NO.6
TRAFFIC STUDY NO. 82
AMENDMENT NO. 763
AMENDMENT NO. 764
AMENDMENT NO. 765
AMENDMENT NO. 766
AMENDMENT NO. 767
AMENDMENT NO. 768
AMENDMENT NO. 769
AMENDMENT NO.770
Mitigation Measures
Aesthetics/Light and Glare
1. Temporary and final grading /landscape plans for the bluff top setback area for the
purpose of minimizing bluff erosion:
Upper Castaways
Detailed final grading and landscape plans have been submitted, reviewed and
approved by city staff. Improvements under construction.
Newporter North
Temporary and final landscape plans approved.
Freeway Reservation -South Area
Completed.
Transportation /Circulation
2. Circulation improvement monitoring program to direct expenditures of funds
received under the Development Agreement to make improvements and to
monitor the status of those improvements. Annual review of the improvements
priority and implementation status.
San Diego Creek South
Street improvements under construction.
San Diego Creek North
Improvements under construction.
61
Upper Castaways
Dover Drive frontage improvements between Castaways Lane (formerly 16th Street)
to Westcliff, are under construction.
Newporter Nort h
Street improvements under construction.
Block 800
Street improvement under construction.
Freeway Reservation
The 12 units constructed in the south area have been completed and do not show
measurable impacts at this time.
3. Construct or post bond for all frontage improvements identified in the
Development Agreement:
San Diego Creek South
Pending.
Upper Castaways
Pending.
Newporter North
Pending.
Block 800
Pending.
Freeway Reservation
Completed.
Other Proiects A & B
Pending.
Air Ouality
4. Grading in accordance with SCAQMD Rule 403.
5 -6. Fugitive Dust Control.
Will he made a condition of all grading permits.
San Diego Creek South
In progress. Included in grading plans.
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Upper Castaways
In progress. Measure being complied with during grading activities (grading is now
95% completed).
Newporter North
In progress. Included in grading plans.
Block 800
In progress. Measure being complied with during grading.
Freeway Reservation
Completed.
7. Corporate Plaza West and Bay View Landing- No development has been
proposed at this time.
8. Bicycle racks. N/A
9. Bus turnouts and shelters on frontage improvements.
San Diego Creek South
Relocating existing bus turn -out on Jamboree Road. Under construction.
Unger Castaway
Bus turn-outs are included as part of the street frontage improvements under
construction between Castaways Lane (formerly 16th Street) and Westcliff Drive.
Newporter North
None required.
Block 800
None required.
10. Energy Conserving street and security lighting (in parking lots and pedestrian
walkway areas).
San Diego Creek South
Letter received from electrical engineer.
Upper Castaways
Lighting plans submitted and being reviewed.
Newporter North
Included in street improvement plans.
Block 800
In the process of being upgraded.
63
• •
Freeway Reservation
Completed.
1 I. Landscape Plans- emphasis on drought resistant plant species.
San Diego Creek South
General Services, Public Works approved
Upper Castaways
Formal submittal of plans pending.
Newporter North
General Services, Public Works approved.
Block 800
Plans have been submitted and approved.
Freeway Reservation
Completed.
Noise
12 -13. A- D)Sound attenuation, interior and exterior. Prior to the issuance of grading and
building permits, an acoustical report is to be submitted to the City, incorporating
noise standards as specified in the agreement.
San Diego Creek South
Report received.
Upper Castaways
Report received August 14, 1996.
Newporter North
Report received. Preliminary report.
Block 800
Report received June, 1996.
Freeway Reservation
Completed.
14. Freestanding acoustical barriers to be a berm, wall or combination berm and wall.
San Diego Creek South
Perimeter walls have been constructed.
M
6
• •
Upper Castaways
Perimeter walls under construction.
Newporter North
Approved plan incorporates Noise Report recommendations to mitigate level of
traffic noise to acceptable levels.
Block 800
Pending plans submitted for review.
Freeway Reservation
Completed.
Biological Resources
15. Streambed habitats and alterations. Pursuant to Section 1601 -1603 of the State of
California Fish and Game Code, the California Department of Fish and Game
shall be notified of any alterations to streambed habitats and such notification to
be provided to the City.
San Diego Creek South
No alterations to streambed habitats. Approvals received by Department of Fish
and Game.
Upper Castaways
No alterations to streambed habitats.
Newoorter North
Approval letter received from Department of Fish and Game. Trails under
construction.
City responsibilities related to public improvements (e.g. trails, recreational facilities,
roads, drainage facilities, etc.) in areas designated for open space, public facility, and/or
parks which would alter streambed habitats. City to notify Department of Fish and Game.
San Diego Creek South
Approval received by Department of Fish and Game.
Upper Castaways
N/A
Newporter North
Received acknowledgment by Army Corp of Engineers, letter of verification,
Department of Fish and Game notified.
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16. Wetland delineation studies in accordance with California Department of Fish and
Game and U.S. Army Corps of Engineers permitting processes to be provided to
the City.
San Diego Creek South
Wetland delineation studies completed by LSA and approved by the Department of
Fish and Game. No grading is planned in area delineated as wetlands.
Upper Castaways
Wetland delineation completed by John M. Tettamer and Associates and approved
by State Department of Fish and Game. Written notification provided to the City.
Newporter North
Wetland delineation completed by John M. Tettamer and Associates and approved
by State Department of Fish and Game. Written notification provided to the City.
City responsibilities related to public improvements (e.g. trails, recreational facilities,
roads, drainage facilities, etc) in areas designated for open space, public facility, and/or
parks which will encroach into wetlands. City to conduct studies and notify the DFG and
USACE.
San Diego Creek South
N /A. No public use and related facilities designated for this site.
Upper Castaways
N/A
Newporter North
Trails are designated along bluff top and partially constructed bordering the upper
wetlands.
17. City responsibility: Public use and related facility development for areas
proposed for natural open space and passive park uses, plans prepared to include
design sensitive to biological resources.
Upper Castaways
For the passive park, there was no impact to previously identified sensitive
resources (wetlands, coastal sage scrub).
Newporter North
Coastal sage scrub revegetation submitted by LSA and approved by Department of
Fish and Game. Bluffside pedestrian path.
ILI
.
0
18. Grading, earthmoving, and any related construction activities related to residential
development.
Upper Castaways: Restricted to no grading (except that necessary for trail establishment
and improvements, erosion control or bluff stabilization), stockpiling of soil or operation
of equipment shall take place within the bluff top setback area established by the Bluff
Top setback Ordinance.
The requirement is being complied with during grading activities.
San Diego Creek South
No grading, stockpiling of soils, or operation of equipment shall encroach in to the area
of Bonita Creek beyond the existing 15 foot elevation contour.
Item shown on rough grading plan.
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.
Shown on rough grading plan.
19. Public facility construction; freshwater marsh.
San Diego Creek North
No encroachment into wetlands, no mitigation needed.
20. Residential development which will encroach into the on -site freshwater marsh;
offset plan.
Upper Castaways
There was an encroachment, but no loss of wetlands resulted in this encroachment.
This was reviewed by California Department of Fish and Game.
21. Residential development which will encroach into the on -site freshwater marsh;
offset plan.
Newporter North
Wetland delineation plan studies plan completed in accordance and conjunction
with California Department of Fish and Game and U.S. Army Corp of Engineers
permitting process.
22. Light and Glare Reduction Plan
67
San Diego Creek South
A site lighting plan has been submitted with certification from engineer that design
meets specified goals.
23. Fencing of wetlands habitat areas.
San Diego Creek South
Wetland perimeter line is delineated on rough grading plan with a specification for
temporary fencing to be placed in that location.
San Diego Creek North
Wetlands were fenced by the San Joaquin Hills Transportation Corridor
contractor.
Upper Castaways
It was determined that fencing would not be necessary.
Newporter North
Wetland perimeter line has been delineated by temporary fencing and noted as part
of the rough grading plan.
24. Revegetation plan.
San Diego Creek South
Habitat and wetlands enhancement plans have been reviewed and approved by U.S.
Department of Fish and Wildlife and State Department of Fish and Game as part of
Coastal Commission approval.
Upper Castaways
Revegetation has been completed and growth is being monitored.
Newporter Nort h
A revegetation plan and report completed by LSA and Associates and approved by
State Department of Fish and Game submitted to the City.
Newporter Knoll
Near completion.
San Diego Creek North
The off -site mitigation area located at the Mouth of Big Canyon is cleared and ready
for planting.
25. Gnatcatcher season.
68
Newoorter North
Received written acknowledgment of condition. Listed on grading plans.
Earth Resources - Faulting and Seismicity
26. Ground Response Spectrum Study. Buildings 4- stories in height or higher.
Block 800
Plans submitted and pending approval
27. Seismic Requirements - Buildings less than four stories in height.
San Diego Creek South
Building Department approved plans.
Upper Castaway
Building Department approved plans.
Newporter North
Building Department approved plans.
Freeway Reservation
Completed.
28. Bluff tops and slopes- seismic failure studies.
San Diego Creek South
No habitable buildings are placed on or adjacent to existing slopes or bluffs.
Upper Castaways
Reviewed and approved by the Building Department.
Newporter North
No structures are placed adjacent to existing slopes or bluffs.
Freeway Reservation
Building Department approved.
Liquifaction
30. Geotechnical Report.
San Diego Creek South
Geotechnical report received and recommendations included in grading plans.
Upper Castaways
Geotechnical report received and recommendations included in grading plans.
Nenorter North
Geotechnical report received and recommendations included in grading plans.
Block 800
Geotechnical report received by Law /Crandall, Inc. and recommendations included
in grading plans.
Freeway Reservation
Complete. Included recommendations in grading plans.
Erosion
31. Sheet Flow runoff - catchment devices.
32. Fill slopes replanted with vegetation
33. Berms, brow ditches, top -o -slope soil berms
34. Reduction of surface erosion - use of artificial substances until permanent
landscaping is well established.
San Diego Creek South
Erosion control plan is on rough grading plan.
Upper Castaways
Included on grading plan.
Nenorter North
Erosion control plan incorporated in rough grading plan.
Block 800
Included on grading plan.
Freeway Reservation
Included on grading plan.
35. Drainage control devices of surface and subsurface water over or toward the
bluffs.
Unner Castaway
Plans submitted. Installation of drainage devices under construction.
Newporter North
70
L
Planting and irrigation plan submitted and approved. Approved on rough grading
plan.
Bluff and Slope Instability
36. Report addressing all salient geotechnical issues related to bluff and slope
stability.
Upper Castaways
Included in geotechnical report.
Newporter North
Report received from Leighton and Associates.
Block 800
Included in geotechnical report.
Freeway Reservation
Included in geotechnical report.
37. Recommendations for manufactured slope stabilization.
38. Bluff top setback recommendations.
39. Slope stability mitigation recommendations.
Upper Castaways
Geotechnical report recommendations included in grading permit.
Newporter North
Approval of rough grading. Geotechnical consultant addressed relevant conditions
in his report.
Block 800
Geotechnical report recommendations included in grading permit.
Freeway Reservation
Geotechnical report recommendations included in grading permit.
40. As- Graded Geotechnical map summarizing and documenting compliance with all
mitigation measures.
Upper Castaway
Included in grading plans. Final reports pending completion of grading.
Newporter North
71
Included in grading plans. Final reports pending completion of grading.
Block 800
Included in grading plans. Final reports pending completion of grading.
Freeway Reservation
Included in grading plans.
Compressible /Collapsible Soil
41. Recommendations for the mitigation of compressible /collapsible soil potential.
42. Recommendations for mitigation of expansive and corrosive soil potential.
43. Reports addressing all salient geotechnical issues, including groundwater.
Upper Castaways
Included in geotechnical reports and grading plans.
Newporter North
Included in geotechnical reports and grading plans.
Block 800
Included in geotechnical reports and grading plans.
Freeway Reservation
Included in geotechnical reports and grading plans.
Water Resources/Water Ouality
44. Haul Route Plans - watering and sweeping program.
Upper Castaways
Included in grading plans.
Newporter North
Included in rough grading plans.
Block 800
Included in grading plans.
Freeway Reservation
Included in grading plans.
45. Erosion Control Methods a -d.
Upper Castaways
72
Erosion Control plan approved. Ongoing monitoring.
Newnorter North
Included in rough grading plans.
Block 800
Included in grading plan.
Freeway Reservation
Completed
46. Diversion of Stormwater Plan.
Upper Castaways
Included in erosion control plan.
Newoorter North
Included in erosion control plan.
Block 800
Included in grading plans.
Freeway Reservation
Completed.
47 -48. Temporary gravel entrance.
•
Upper Castaways
Completed. No longer necessary due to subsequent construction.
Newnorter North
Included as part of rough grading plan. Temporary gravel entrance located off San
Joaquin Hills road per city standards.
Block 800
Completed
Freeway Reservation
No longer required, project completed.
49. Temporary sediment basin.
Upper Castaways
In progress and being monitored by the Building Department.
73
Newnorter North
Included on rough grading plan.
Block 800
Included on rough grading plans.
Freeway Reservation
Completed.
Drainage Patterns
0
50. Master plans of water, sewer and storm drain facilities.
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Freeway Reservation
Completed.
Cultural Resources /Archaeology
51 -53. Council Policy K -5.
Upper Castaways
In progress, final report from RMW Paleo and Associates pending.
Coastal Development Permit Approved.
Newporter North
Macko, Inc. has conducted archeological studies of the site and have provided site
monitoring during grading and construction activities.
Block 800
In progress. Macko, Inc. has conducted archeo /paleo studies for the site and is
continuing to monitor grading construction activities.
Freeway Reservation
Completed.
74
{
54. Upper Castaways- Cultural Resources compliance.
Completed.
55 -57. N/A
58 -61. Newporter North -CA- Ora -51 and CA- Ora -518 compliance.
Macko, Inc. preparing final report.
62. N/A
63. Block 800 -CA -Ora -136 compliance.
Macko, Inc. preparing final report.
64 -65. N/A
66. Freeway Reservation -CA- Ora -216 compliance.
Complete.
Paleontology
67 -70. Collection Plan for fossil localities.
Newporter North
Macko, Inc. prepared site monitoring plan and final report is pending.
Upper Castaways
Completed, final report pending.
Law Enforcement
Upper Castaways
Reviewed and approved as part of plan review for Tentative Map.
Newporter North
City reviewed and approved as part of plan review for Tentative Map.
Block 800
Reviewed and approved as part of plan review for Tentative Map.
Freeway Reservation
Reviewed and approved.
Water
75
0 0
72 -73. Inclusion in Master Plan of Utilities.
Upper Castaways
Completed.
Newporter North
Completed.
Block 800
Completed.
Freeway Reservation
Completed.
TRAFFIC STUDY NO. 82 - CONDITIONS
1. Monies provided by the Irvine Company for circulation system improvements.
San Diego Creek North
Bonded and under construction.
Jamboree/MacArthur
N/A
Upper Castaways
Bonded.
Bavview Landing
N/A
Newaorter North
Bonded and constructed by developer.
Block 800
Bonded.
Corporate Plaza West
N/A
Freeway Reservation
Bonded.
Newporter Knoll
76
A
N/A
Newporter Resort
N/A
Newport Village
N/A
lJ
77
PACIFIC VIEW
DEVELOPMENT AGREEMENT NO. 7
Project Status Report
First Annual Review of the Development Agreement
between the City of Newport Beach
and Pacific View Memorial Park
I. Introduction
On October 13, 1995, the Development Agreement between the City of Newport Beach and
Pacific View Memorial Park was recorded. As specified by the Development Agreement
(Section 2.12), the "effective date" of the Development Agreement refers to the date of the
Adopting Ordinance. On July 10, 1995, The City Council adopted Ordinance No. 95-26
approving this Agreement and authorizing the City to enter into this Agreement. The adopting
Ordinance became effective on August 9, 1995.
As part of the City Council's approval of General Plan Amendment No. 94-1(F), Development
Agreement No. 7, Site Plan Review No. 69, and Use Permit No. 3518 on June 12, 1995, the
project is subject to compliance with numerous conditions and mitigation measures which are
designed to mitigate to less -than -significant -levels or eliminate development that may result in a
negative impact on the surrounding vicinity.
II. Purpose
The purpose of the Development Agreement is to enable Pacific View Memorial Park to update
its master plan for the build -out of the property with additional facilities, consistent with the
currently anticipated internment and funeral service needs of the community, while minimizing
the impact of the build -out on the adjoining residences.
To accomplish this purpose, the agreement establishes strict binding limits -on the amount,
height, and location of permitted development, as well as a requirement to insure compliance
with numerous conditions on the timing of construction, the design of structures and landscaping
of the property. Future development of the cemetery is subject to substantial conformance with
the approved Technical Site Plan.
Pursuant to Chapter 15.45 of the Municipal Code, Section 65865.1 of the Government Code,
State of California, and Section 6 of the Development Agreement, an annual review is to be
conducted by the City of Newport Beach in order for Pacific View Memorial Park to
demonstrate good faith substantial compliance with the terms of the Development Agreement. If,
as a result of such periodic review, the City finds and determines, on the basis of substantial
evidence, the Pacific View Memorial Park has not complied in good faith with terms or
conditions of the agreement, the City may terminate or modify the agreement. This project status
report is for the review period of August 10, 1995 to August 10, 1996.
78
The annual review includes a review of the following: Development Agreement Conditions and
Stipulations, the Mitigation Monitoring Plan and the Restrictive Covenant governing the buffer
area. The conditions and mitigation measures that are required per the Development Agreement
are listed below with an explanation detailing how the requirements were or are being met.
CURRENTSTATUS
Grading plans and landscape plans for the buffer area/mausoleum have been approved by city
staff but have not been issued. Pacific View expects to obtain grading permits in October for the
buffer area and the pad for the Sunset Court addition, to be followed by the construction of the
mausoleum addition to Sunset Court.
DEVELOPMENT AGREEMENT NO. 7
3.1 Negative Declaration Mitigation Measures
1. Buffer Area Requirements:
a. Provision of landscape buffer. The buffer areas have been defined by legal
covenant and no uses within the area have taken place inconsistent with the
requirements. The installation of the required buffer zone improvement will
begin in the fall of 1996 and will be completed within six months of the
commencement of the mausoleum construction.
b. Covenant and Agreement: This item is completed and recorded in the County
Clerk's office on October 13, 1995. In connection with the Approval of the
Master Plan, Pacific View Memorial Park has agreed to provide and
maintain a permanent landscaped buffer area (the "Buffer Area") within the
area described on Exhibit "A" within Pacific View Memorial Park by
recording a covenant and agreement to ensure that the Buffer area is
maintained in perpetuity.
c. Buffer Area Landscaping and Irrigation System. The final Technical Landscape
and Irrigation Plans are consistent with the requirements of the Development
Agreement including the preliminary landscape plan Exhibit "D". The
quantity of plant material shown in the final plan exceeds the requirements
of the preliminary plans. The plants have also been selected and located to
respect the 430 foot elevation limitation. This plan has been submitted to and
reviewed by the Planning Department for consistency with the Development
Agreement.
d. Installation of Landscaping and Irrigation System. This work (as per 3.1.1a
above) is expected to commence this fall upon completion of the buffer zone
grading. The work will be executed as quickly as possible and within the time
frame required.
e. Slopes
1. Slope behind Building Site G, See Exhibit E. The grading plans submitted
and currently in final review for permit issuance depict the final slope profile
as required in the Development Agreement per Exhibits "E" and "F". The
79
Ir-
plans have been reviewed by the Planning Department for compliance with
the Development Agreement. Pacific View anticipates obtaining the grading
permit and commencing grading of the buffer zone slopes by this fall.
2. Slope behind Building, Site "E" adjacent to Lots 6,7 and 8, See Exhibit "F".
Same as above.
3. Slopes behind Building Site "H", See Exhibit "F". Same as above
3.6 Maintenance of Undeveloped Areas
Pacific View has continued to maintain the undeveloped areas on a twice yearly
basis. Occasionally calls are received from adjacent residents on specific issues. The
concerns are immediately addressed by Pacific View. Recently, clean grave site dirt
has been disposed of in Area II of the park. This will be leveled out as part of the
buffer zone grading.
3.10 Drilling and Engraving
To our knowledge, no complaints have been received by Pacific View on the drilling
and engraving of crypt markers due to Pacific View's compliance with the
Development Agreement.
3.2 Use Permit No. 3518 Conditions of Approval
3.2.1. Family Mausolea permitted in Building "F". A Family Mausoleum was
approved under Plan Check No. 609-96 for 200 square feet and is currently under
construction.
2.2.d. Garden of Valor Screening. The required element buffering at the Garden of
Valor has been installed by Pacific View and has been reviewed and approved by
the City as conforming to the intent of the Development Agreement.
3.3 Entitlement Allowed and RemainipZ. First year of Development Agreement:
Total Built
Allowed Remaining 1995-96
Administration Building 30,000 s.f. 10,317 s.f. -0-
Community Mausoleum 121,000 s.f. 102,164 s.f. -0-
*Anticipate the construction of 5,200 sq. ft. in 1996-97.
Family Mausoleum
12,000 s.f. 11,800 s.L 200 s.f.
*Anticipate the construction of 400 s.f. of Family Mausolea or Columbarium in
1996-97.
M
4.0 Public Benefit Conditions
4.4. Increased Screening of Sunset Court: The following items were completed by
November 8, 1995, per the Development Agreement:
a. Installation of shrubs on the existing slopes. Thirty (30) 15-gallon shrubs
were added to slopes behind Sunset Court.
b. Trees in court yard. Ten (10) 36-inch box trees were added to the court yard
at Sunset Court.
c. Roof enhancements. Colored rock as well as paint were added to the
existing mausoleum roof. Adjacent homeowners selected the rock color.
4.5 Phasiny,
a. Minimum of 30 months between phases and 9 months maximum to complete -
No major construction has yet occurred on site.
4.6 Buffer Zone Grading and Landscaping.
a. All buffer zone grading, landscape and irrigation shall be completed within
six (6) months of the commencement of construction (i.e., issuance of building
permit) for the next phase of Sunset Court Community Mausoleum Pacific
View anticipates completing this work well in advance of this six month
period, and anticipates commencement of grading, irrigation and
landscaping in the fall of 1996.
b. Within 6 months of Effective Date, Pacific View shall plant twenty-six 26)
fifteen gallon trees in Area 8. Twenty six (26) 15 gallon trees were planted
within Area 8 per the Development Agreement prior to February 7, 1996.
c. Within 6 months of Effective Date, Pacific View shall plant five (5) twenty-
four inch box trees along the northeasterly boundary of BuildingSite ite D. Five (5)
24" box trees were planted along building Site "D" per the Development
Agreement by February 7, 1996.
4.4 Off -site Landscaping
a. Reimbursement of costs for nurchasinp- and plantinia within the common
homeowner's association landscape area along the southeast boundary of Building
Site E. The Spyglass Hill Community Master Association has been
reimbursed earlier this year for costs associated with landscaping their
property along the southerly Pacific View boundary. They have recently
begun this work.
4.5 430' Covenant
Pacific View has prepared grading, landscaping and irrigation plans
consistent with the 430 foot elevation limitation within the 125 foot setback
area. Existing plant material was placed by homeowners as a courtesy since
they planted these shrubs.
81
4.10 Ground Burial
a. BuildingSte E. Building Site E remains undeveloped and is not anticipated
for cemetery development for several years.
b. Other Building Sites. Pacific View is in full compliance with the provisions
of this section.
e. Ground Burial Outside of Building Sites.
(1) Developed Areas (1-10). Pacific View is in full compliance with this
section. A portion of Area 10 was developed into lawn area in early
1996.
(2) Undeveloped Areas (Area 11). This area remains in an undeveloped
condition. Development is not anticipated in 1996-97.
82
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold
a public hearing on the annual review of Development Agreements No. 4, 5, 6, 7, 8 and 9.
Annual review of Development Agreements between the City of Newport Beach and: (No.4)
The Irvine Company involving the Library Exchange Agreement; (No.5) Hoag Memorial
Hospital Presbyterian; (No.6) The Irvine Company, Circulation Improvement and Open Space
Agreement; (No.7) Pacific View Memorial Park; (No.8) Ford Motor Land Development
Corporation; (No.9) Fletcher Jones Motor Cars, to review the parties' compliance with the
terms and conditions of the agreements with the City of Newport Beach.
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 28th
day of October, 1996, at the hour of 7:00 p.m. in the Council Chambers of the Newport
Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and
place any and all persons interested may appear and be heard thereon. If you challenge these
projects in court, you may be limited to raising only those issues you or someone else raised at
the public hearing described in this notice or in written correspondence delivered to the City at,
or prior to, the public hearing. For information call (714) 644-3200.
City Melt Dist ution:
Legal Adv. [t' File t�
owt. postfn
U11 in Bohr d ids
City Clerk
Q SEW Pp�T
CITY HALL
U X 3300 Newport Boulevard
e..
`9G/FOaN�" P.O. Box 1768
Newport Beach, California 92659-1768
LaVonne M. Harkless, CMC/AAE
City Clerk
LaVonne Harkless, City Clerk
City of Newport Beach
3300 Newport Boulevard _
Post Office Box 1768
Newport Beach, California 92663-3884
I PPORTAW
Public Hearing Notice
The Irvine Company
Attention: General Counsel
550 Newport Center Drive
Newport Beach, CA 92660-0015
Latham & Watkins
Attention: Robert K. Break
650 Town Center Drive
Costa Mesa, CA 92626-1918
Fletcher Jones Motorcars
Attention: Fletcher Jones, Jr.
1301 Quail Street
Newport Beach, CA 92660
✓ Fletcher Jones Management Group
Attention: Fletcher Jones, Jr.
175 E. Reno, C-6
Las Vegas, Nevada 89109
0
The Irvine Company - Residential Properties
Attention: Senior Vice President
550 Newport Center Drive
Newport Beach, California 92660-0015
The Irvine Company ✓
Carol Hoffman, Vice President of
Entitlement and Community Relations
550 Newport Center Drive, 8th Floor
Newport Beach, CA 92660-0015
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: Kevin Murphy, City Manager
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: Robert Burnham, City Attorney
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: LaVonne Harkless, City Clerk
Hoag Memorial Hospital Presbyterian
President
301 Newport Boulevard
Newport Beach, CA 92663
Paone, Callahan, McHolm & Winton
Tim Paone
19100 Von Karman, 8th Floor �'"_►
P.O. Box 19613
Irvine, CA 92713-9613
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: Kevin Murphy, City Manager
The Irvine Company
Carol Hoffman, Vice President of Entitlement
and Community Relations
550 Newport Center Drive, 8th Floor
Newport Beach, CA 92660-0015
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: Kevin Murphy, City Manager
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: Robert Burnham, City Attorney
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: LaVonne Harkless, City Clerk
Clark and Green Associates
Mr. Michael Green
150 Paularino Avenue
Suite 160
Costa Mesa, CA 92626
Pacific View Memorial Park L11
Mr. Steve Schacht
3500 Pacific View Drive
Newport Beach, CA 92663
Allan J. Abshez, Esq.
Irell & Manella
1880 Avenue of the Stars,
Suite 900
Los Angeles, CA 90067-4276
d
Pacific Bay Homes
Attn.; Karin T. Krogius
18400 Von Karman, Suite 900
Irvine, CA 92715
Paone, Callahan, McHolm & Winton
Tim Paone
19100 Von Karman, 8th Floor
P.O. Box 19613
Irvine, CA 92713-9613
Belcourt Terrace Homeowners Association
c/o Professional Management Associates
17300 Redhill Avenue, Suite 210
Irvine, CA 92714
EnvironmentalServicesConsortium Incorp.
Lynn Hethrington, REA, CHMM
4401 Atlantic Avenue
Suite 200
Long Beach, CA 90807
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: Kevin Murphy, City Manager
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: Robert Burnham, City Attorney
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: LaVonne Harkless, City Clerk
The Irvine Company
General Council
50 Newport Center Drive
Newport Beach, California 92660-0015
The Irvine Company dA -1
Carol Hoffman, Vice President of Entitlemen
and Community Relations
550 Newport Center Drive, 8th Floor
Newport Beach, CA 92660
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: Kevin Murphy, City Manager
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: Robert Burnham, City Attorney
LaVonne Harkless, City Clerk
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: Kevin Murphy, City Manager
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: Robert Burnham, City Attorney
LaVonne Harkless, City Clerk
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Attention: Robert Burnham, City Attorney
LaVonne Harkless, City Clerk
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663-3884
Authorized to Publish Advertisements of all kim ng public notices by
Decree of the Superior Court of Orange County, California. Number A-6214,
September 29, 1961, and A-24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of .eighteen years, and not a party to
or interested in the below entitled macer. I
am a principal clerk of the NEWPORT
BEACH -COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed and
published in the City. of Costa Mesa, County
of- Orange, State of California, and that
attached Notice is a true and complete copy
as was printed and published on the
following dates:
October 11, 1996
declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on October 11
at Costa Mesa, California.
_/, `) 1/1
Signature
199 6
PUBLIC NOTICE i
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY
GIVEN that the City Council
of the City of Newport
Beach will hold a public
hearing on the annual re.
view of Development
Agreements No. 4, 5, 6, 7,
8, and 9.
Annual review of Develop-
ment Agreements between
the City of Newport Beach
and: (No. 4) The Irvine
Company involving the. Li-
brary Exchange Agree-
ment; (No. 5) Hoag Memo-
rial Hospital Presbyterian,
(No. 6) The Irvine Com-
pany, Circulation Improve-
ment and Open Space
Agreement; (No. 7) Pacific
View Memorial Park; (No.
8) Ford Motor Land Devel-
opment Corporation; (No.
9) Fletcher Jones Motor
Cars, to review the parties'
compliance with the terms
and conditions of the
agreements with the City of
1 Newport Beach.
NOTICE IS HEREBY FUR-
THER GIVEN that said pub-
lic hearing will be held on
the 28th day of October,
1996, at the hour of 7:00
p.m. in the Council Cham.
bers of the Newport Beach
City Hall, 3300 Newport
Boulevard, Newport Beach,
California, at which time
and place any and all per.
sons interested may ap-
pear and be heard thereon.
If you challenge these
projects in court, you may
be limited to raising only
those issues you or some-
one else raised at the pub
lic hearing described in
this notice or in written cor-
respondence delivered to
the City at, or prior to, the
public hearing. For infor.
mation call (714) 644.3200.
LaVonne M. Hark.
less, CIVIC/AAC-, City
Clerk
Published Newport
Beach -Costa Mesa Daily
Pilot October 11, 1996.
F837
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