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HomeMy WebLinkAbout1525 - RECOMMEND APPROVAL OF GPA AND CA_NEWPORT COAST/RIDGERESOLUTION NO. 1525 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF PREANNEXATION ZONING AND GENERAL PLAN AMENDMENTS RELATING TO NEWPORT COAST/RIDGE [GPA 99 -3(C) AND ZONING AMENDMENT 902] WHEREAS, the City of Newport Beach has initiated actions to annex territory to the City of Newport Beach, including the Newport Coast and Newport Ridge Planned Communities and other area adjacent to, but outside of, these two Planned Communities. The entire area to be annexed is sometimes referred to in this Resolution as Newport Coast/Ridge. That portion of Newport Coast/Ridge within the Coastal Zone and/or the Newport Coast Planned Communities is sometimes referred to as Newport Coast and that portion of Newport Coast/Ridge outside of the Coastal Zone and /or within the Newport Ridge Planned Communities is sometimes referred to as Newport Ridge; and WHEREAS, Newport Coast/Ridge has been in the Newport Beach sphere of influence for more than thirty years but the land use planning and development processing for the area has been conducted by the County of Orange with assistance from the Coastal Commission; and WHEREAS, the County and The Irvine Company entered into the initial Newport Coast Development Agreement (Agreement) on May 23rd, 1988. That Agreement was most recently amended on December 3, 1996 and the Coastal Commission approved the amended Agreement on December 10, 1996; and WHEREAS, the Coastal Commission certified the Newport Coast LCP and First Amendment on January 14, 1988. The Coastal Commission approved a Second Amendment to the LCP and a Master Coastal Development Permit on December 10, 1996; and WHEREAS, Newport Coast development is also governed by a June 27, 1997 "Settlement Agreement" between the County, The Irvine Company, Stop Polluting Our Newport (SPON) and Friends of the Irvine Coast; and WHEREAS, the County, in the course of land use planning the Newport Coast/Ridge, has identified significant portions of land owned by The Irvine Company (Company) that contains valuable habitat and has ensured preservation of that valuable habitat by requiring dedication to public agencies subject to Company's right and ability to develop portions of the Property in accordance with the Development Plans and Development Approvals. The Newport Coast is part of the Natural Communities Conservation Plan (NCCP) - a complex agreement administered by the County that involves, among other things, the phased dedication of valuable habitat in the Newport Coast and other portions of the County; and WHEREAS, the NCCP and the land use permits, plans, approvals and agreements governing land use in Newport Coast/Ridge represent an extremely complex and integrated plan (Land Use Plan) for the preservation and development of the property. The administration and implementation of the Land Use Plan requires a level of staffing, expertise, knowledge and experience that can only be found in the County employees and officials that have been intimately involved in the preparation of the documents that comprise the Land Use Plan. The failure to properly administer or implement the NCCP and/or the Development Approvals could deprive the public of the benefits of the proposed dedications of valuable habitat or interfere with the rights of landowners to develop property — development that is a precondition to the dedications; and WHEREAS, the County has prepared all of the documentation required by the California Environmental Quality Act (CEQA) for the Land Use Plan including numerous EIR's and, in the case of the LCP approval, a functional equivalent to an EIR. These environmental documents have fully evaluated all potential impacts related to implementation of the Land Use Plan, have fully informed the decision maker and the public with respect to any significant unavoidable impact, and the County has adopted all feasible mitigation measures (See Exhibit PH -1); and WHEREAS, prior to annexation, the City intends to enter into a joint powers agreement (Copy of draft agreement is attached as Exhibit DA -1) or similar arrangement, with the County of Grange that would, upon annexation, delegate the City's land use authority over the Newport Coast/Ridge to the County and to restore land use jurisdiction to the City upon full implementation of the Land Use Plan. The purpose of the delegation and the joint powers agreement is to ensure that the development and dedication of valuable habitat is processed by the County and consistent with the Land Use Plan; and WHEREAS, pursuant to Section 65300 of the California Government Code, the City of Newport Beach has prepared and adopted a comprehensive, long -term General Plan for the physical development of the City and land outside of its boundaries which bears relation to its planning; and WHEREAS, the California Government Code requires zoning of property to be consistent with a city's General Plan designation of the property; and WHEREAS, the City is required to establish zoning and General Plan designations for Newport Coast/Ridge in conjunction with the proposed annexation; and WHEREAS, the City intends, through this Resolution and other planning documents, to adopt General Plan designations and zoning for Newport Coast/Ridge that strictly conform to the Land Use Plan that has been approved by all public entities with jurisdiction over the property and authorize amendments to the Land Use Plan such as conversion of uses so long as there is no increase in average daily trips; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City has completed an Initial Study, determined that the impacts of any action taken through this Resolution have been fully evaluated in previously certified Environmental Impact Reports, that the conditions to the preparation of a Subsequent or Supplemental EIR do not exist and that a Negative Declaration is appropriate; and WHEREAS, on September 21, 2000, the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed amendments, annexations, and related items. A notice of time, place and purpose of the public hearing was duly given and testimony was presented to and considered by the Planning Commission at the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RESOLVES THAT: 1. Pursuant to CEQA Guidelines Section 15063, an Initial Study has been prepared for this project. After reviewing the Initial Study, the proposed Negative Declaration, and all comments received during the public review process, the Planning Commission recommends that the City Council approve a Negative Declaration reflecting the independent judgment of the City of Newport Beach, and determine that the project is identical to a project approved after certification of numerous environmental documents as described in Exhibit PH -1 and that the circumstances described in Section 15162 and 15163 of the CEQA Guidelines do not exist. 2. City Council Approval of the following is recommended: a. The addition of the Newport Coast Planned Community area to the Land Use Element's "General Plan Land Use" diagram as shown in Exhibit GP -1 and adoption of the text shown in Exhibit GP -2. as the land use designations for the Newport Coast in the Land Use Element of the City of Newport Beach General Plan.. The LCP's Land Use Plan is Exhibit GPA -3 of this Resolution. b. The addition of the Newport Ridge Planned Community area to the Land Use Element's "General Plan Land Use" diagram as shown in Exhibit GP -1 and adoption of the text shown in Exhibit GP -2 as the land use designations for the Newport Ridge area in the Land Use Element of the City of Newport Beach General Plan. The NRPCP is designated as Exhibit GPA -4 . c. The addition of the " residual" area, located within the annexation area but outside the Newport Coast and Newport Ridge PC's, to the Land Use Element's "General Plan Land Use" diagram with land use designations as shown on Exhibit GP -1. d. The addition of the Newport Coast/Ridge area to the Circulation Element's Master Plan of Streets and Highways and the adoption of the circulation system within the annexation area in conformance with the circulation system as described in the County's Master Plan of Arterial Highways and the Newport Coast LCP. e. Repeal of Resolution No. -88 -21 and 88- 22. f. Designation of the bikeways in Newport Coast Drive and San Juaquin Hills Road as "Backbone Bikeways" on the Master Plan of Bikeways map of the Circulation Element. g. Approve Zoning Amendment 902, consisting of the following: (1) Addition of Districting Maps No. 68 and 69, covering the Newport Coast/Ridge area, as shown on Exhibit ZA -1 attached hereto. (2) Designation of the Newport Coast area as "PC -52" on Districting Maps No. 68 and 69, as shown on Exhibit ZA -1 and designation of Newport Coast Local Coastal Program (adopted by the County on December 3, 1996) as the PC Development Plan for the area. The LCP's Implementing Actions Program is designated as Exhibit ZA -2. (3) Designation of the Newport Ridge area as "PC -53" on Districting Maps No. 68 and 69, as shown on Exhibit ZA -1 and adoption of the County of Orange's Newport Ridge Planned Community Program ( NRPCP, adopted by the County on March 17, 1998) as the PC Development Plan for the Newport Ridge area. The NRPCP is designated as Exhibit ZA -3. h. Adopt an ordinance and approve appropriate agreements to ensure that the Newport Coast and Newport Ridge development is processed by the County of Orange. L Approve Development Agreement No. 14, asset forth in Exhibit DA -1. ADOPTED this 21" day of September, 2000, by the following vote, to wit: AYES: McDaniel, Aeaianian, Selich, Kranzlev and Tucker NOES: RECUSED Gifford BY: Edward Selich, Chairman BY: Steven Kiser, Secretary RPM Wl a��e �;II■" I 1 i EXHIBIT GP -2: AMENDMENT TO LAND USE ELEMENT TEXT IN SECTION ENTITLED: "Downcoast Newport Beach Area (Statistical Division N) ": 1. Replace the section heading and the first paragraph with the following: "NEWPORT COAST/RIDGE AREA (STATISTICAL DIVISION N) "The Newport Coast/Ridge area, formerly referred to as `Downcoast Newport Beach' contains 5441 acres and is designated as Statistical Division N. The area is composed of the northeasterly portion of the Newport Coast Planned Community (within the Coastal Zone), the Newport Ridge Planned Community, the Sage Hill School, the San Joaquin reservoir area, the Coyote Canyon landfill area, and other open space areas. "Development entitlements for the Newport Coast Planned Community shall be as designated in the Table for Statistical Area N, including the special provisions, and are intended to be consistent with the Land Use Plan of the Newport Coast Local Coastal Program and the Newport Ridge Planned Community Program adopted by the County of Orange including any amendments. Residential areas within the Newport Coast Planned Community are designated Single Family Detached and commercial areas are designated Retail and Service Commercial. Residential areas within the Newport Ridge Community Program area are designated Single Family Attached and commercial areas are designated Retail and Service Commercial. The residential land use designations represent the anticipated predominant dwelling unit type and are not intended to limit development to only that type of product. Land uses within the remainder of the area inland of the above two planned communities, referred to as the `residual area', are designated Governmental, Educational, and Institutional Facilities for the Sage Hill School and Recreational and Environmental Open Space for the remaining area. Water storage facilities and ancillary uses are permitted use within the residual area." "The County of Orange may, by the joint powers agreement or similar arrangement, continue to administer development in Newport Coast and Newport Ridge and to process PC amendments for those areas. The City's Planning Director shall be responsible for ensuring that all amendments are entered in the General Plan, Zoning Code, and other applicable City documents and regulations." 2. Replace the table labeled, "ESTIMATED GROWTHFOR STATISTICAL DIVISIONN" with the following revised table: ESTIMATED GROWTH FOR STATISTICAL DIVISION N Residential (in du's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected l /l /87 Projection Growth l /l/87 Projection Growth Newport Coast LCP -0- 2,600 2,600 -0- 100,000* 100,000* Newport Ridge PC -0- 2,550 2,550 -0- 155,000 155,000 Residual Area -0- -0- -0- -0- ** ** TOTAL -0- 5,150 5,150 -0- 255,000 255,000 Population -0- 10,197 10,197 Special Provisions: *Does not include hotel and other transient accommodations. A maximum of 2,150 visitor serving rooms/units are permitted with at least 350 rooms developed as a hotel * *Land uses in residual area consist of open space and private Sage Hill school. * ** Any conversion of the transient accommodations (except the 350 hotel units) to residential (Single Family Detached) may be permitted provided there is not net increase in average daily trips. IN SECTION ENTITLED: "Citywide Growth Projections ": 3. Amend the Table labeled, "ESTIMATED GROWTH FOR THE NEWPORT BEACH PLANNING AREA" to reflect the preceding Newport Coast, Newport Ridge, and residual area dwelling unit, population, and commercial square footage additions. 2 GP -`( j zfl-3 NEWPORT RIDGE PLANNED COMMUNITY Planned Community Program County of Orange CALIFORNIA Prepared for THE IRVINE COMPANY by FORMA Adopted by Orange County Board of Supervisors March 1998 TABLE OF CONTENTS Chapter Title Pane I. PURPOSE AND OBJECTIVES .... ............................... I -1 II. GENERAL REGULATIONS ...... ............................... II -1 III. RESIDENTIAL USE REGULATIONS/ DEVELOPMENT STANDARDS .............................. [II -2 tV. RECREATION USE REGULATIONS/ DEVELOPMENT STANDARDS .............................. IV -1 V. COMMERCIAL VILLAGE USE REGULATIONS/ DEVELOPMENT STANDARDS ............................... V -1 VI. SERVICE STATION SITE REGULATIONS/ DEVELOPMENT STANDARDS .............................. VI -1 VII. COMMUNITY FACILITY USE REGULATIONS/ DEVELOPMENT STANDARDS .... ..........................VII -1 VIII. OFF - STREET PARKING REGULATIONS ......................... VIII -1 IX. SIGN REGULATI ONS ......... ............................... IX-1 X. PERMIT REGULATIONS AND PROCEDURES. X -1 XI. DEVELOPMENT MAP AND STATISTICAL TABLE REGULATIONS AND PROCEDURES .......................... XI -1 XII. DEFINITIONS ..... ............................... XII -1 XIII. LEGAL DESCRIPTION ....... ............................... XIII -1 APPENDICES A. PLANNED COMMUNITY ZONING MAP AND STATISTICAL SUMMARY ........................... A -1 B. PLANNED COMMUNITY DEVELOPMENT MAP AND STATISTICAL TABLE .............................. B -1 C. CONCEPTUAL LANDSCAPE AND FUEL MODIFICATION PLAN ........................ C -I NBPC Program March 1995 i 70C.WpD CHAPTER I A. PURPOSE The purpose of this Planned Community program is to provide appropriate Zoning District Regulations for the Newport Ridge Planned Community. These regulations implement the spirit and intent of the PC "Planned Community" District Regulations, Section 7 -9 -103 of the Orange County Zoning Code, and the County's Planned Community Manual, to be responsive to long -term community needs and desires, and to function without unnecessary, time -consuming or costly amendments and review procedures_ This Planned Community (PC) Program consists of. (1) Text (Chapters I -XIII); (2) PC Zoning Map and Statistical Summary (Appendix A); (3) PC Development Map and Statistical Table (Appendix B); and (4) Conceptual Landscape and Fuel Modification Plan (Appendix C). The PC Program identifies the general locations and types of land uses, defines standards for development, and provides for innovative community design concepts and site planning, consistent with orderly development of a mixed use community and protection of sensitive and natural resources. Site Development Permit and Use Permit procedures are established to accomplish the objective of providing a logical and timely sequence of community review and government approval of detailed project development proposals. B. RELATIONSHIP TO THE NEWPORT COAST PLANNED COMMUNITY The 645 -acre Newport Ridge Planned Community (NRPC) is adjacent to and northwest of the larger 9,493 -acre Newport Coast Planned Community (NCPC). The NRPC shares a 2.7 mile boundary with the Newport Coast Planned Community. Approximately 7,000 feet of this boundary adjoins Buck Gully, a major Special Use Open Space Dedication/Recreation Area within the Newport Coast PC. The Newport Coast PC portion of Buck Gully contains 203 acres that has been offered for public open space /recreation dedication to the County of Orange. Dedication of the remaining 54 -acre portion of Buck Gully within the Newport Ridge Planned Community, indicated as Planning Areas 17 and 18 on the Planned Community Development Map, will bring the total open space dedication of Buck Gully to approximately 257 acres. NRPC Program March 1998 I -i NR•PCP.WPD Total public dedications within the combined Newport Ridge and Newport Coast Planned Communities will total 3,866 acres of Special Use and Wilderness Open Space. An additional 2,807 acres is contained in Crystal Cove State Park, also within The Newport Coast Planned Community. The Newport Ridge Planned Community and The Newport Coast Planned Community are separate and distinct areas in terms of zoning and land use regulation. Land use projects will be separately implemented in each PC pursuant to each Planned Community's own "Permit Regulations and Procedures" and "PC Development Map and Statistical Table Regulations and Procedures" contained, respectively, in each PC's Planned Community Text. Each Planted Community is and will remain separate, in terms of computing and accounting for Planting Area acreage, permitted units, and maximum allowable densities. Separate Planning Applications will be made for Coastal /Site Development Permits and/or Use Permits, and such applications will be subject to separate discretionary actions and conditions of approval by the Planning Commission or other approving entity within the County. Although distinct from a regulatory and zoning perspective, physical land planning and design components such as roads, open space areas, and ownerships for development projects within NRPC Planning Areas 12, 13, 14, and 15 may cross over the common boundary shared between The Newport Coast Planning Areas 2C and 8. In order to provide one consistent and comprehensive set of permitted uses and site development standards, Residential Planning Areas 13, 14, and 15 within the NRPC are identified in this NRPC Program by the M(NC) and MH(NC) designations, where "NC" denotes "Newport Coast" regulations. For these Planning Areas, the PC District Regulations for PA 8 and 2C within the Newport Coast have been incorporated into Chapter III -D of this NRPC Program. Although separate, Site Development Permits, Coastal Development Permits, and/or Use Permits for development projects that include Planning Areas from both Planned Communities may be analyzed by one environmental document (e.g., EIR) and processed concurrently with a coordinated set of Planning Applications. NRPC Program March 1998 I.2 WIXV I'" C. IMPLEMENTATION PLANS AND PROGRAMS A Resource Management Plan, Local Park Implementation Plan, and Open Space Dedication Program are required in addition to the regulations contained in this NRPC Program and shall include development policies, guidelines, and standards consistent with the goals, objectives, and guidelines of the Orange County General Plan. These plans and programs shall be submitted to and approved by the County pursuant to Orange County Zoning Code Section 7 -9 -150, "Discretionary Permits and Procedures," prior to the first Site Development Permit or Use Permit, or prior to recordation of the first final development Tract Map for residential or commercial uses, whichever comes first, as indicated below: 1. Resource Management Plan (RMP) — shall identify significant resources and establish programs focused on the preservation, conservation, mitigation, and monitoring of those resources. 2. Local Park Implementation Plan (PIP) — shall identify requirements and locations for local park sites and recreation areas, and include an implementation program. 3. Open Space Dedication Program — shall describe the transfer of ownership and maintenance of Recreation Planning Areas 17 and 18 to the County of Orange. The above plans and programs shall provide standards for Residential, Commercial Village, and Recreation Planning Areas, as well as guidelines for implementing the General Plan and this PC Program. In addition, as outlined in Chapter lI -C, a Conceptual Landscape and Fuel Modification Plan is provided as Appendix C to this Planned Community Program. Because of the information contained within, and the subsequent implementation plans and programs required by this Planned Community Program, neither a Feature Plan nor an Area Plan shall be required for the Newport Ridge Planned Community. NRPC Program March 1998 1 -3 nrpcp.wpd CHAPTER II GENERAL REGULATIONS A. GENERAL PROVISIONS 1. Definition of Terms The meaning and construction of words, phrases, titles, and terms used in this Planned Community Program shall be the same as provided in Orange County Zoning Code Section 7 -9 -21, "Definitions," except as otherwise specifically provided herein (see Chapter XII, Definitions). 2. General Plan Consistency The Newport Ridge Planned Community Program is consistent with all elements of the Orange County General Plan. 3, Zoning Code Consistency This PC Program regulates all development within Newport Ridge Planned Community. In cases where sufficient direction for interpretation of these regulations is not explicit in this text, the Orange County Zoning Code shall provide direction, as determined by the County Planning Director. In case of difference between this PC Program and the Orange County Zoning Code, the Zoning Code shall prevail. 4. Building and Construction Codes Consistency All construction and development within the Planned Community shall comply with applicable provisions of the Uniform Building Code and the various related Mechanical, Electrical, and Plumbing Codes, the Grading and Excavation Code, the Subdivision Code, and Sign Code as currently adopted by the Board of Supervisors. In case of a conflict between the specific provisions of the codes identified above and the provisions of these regulations, the provisions of those codes shall prevail. NRPC Program March 1998 II -1 M•xv -•ma 5. Building Sites All building sites shall comply with the provisions of the Orange County Zoning Code Section 7 -9 -126, 'Building Site Requirements ". 6. Building Height The building height requirements shall be as specified by each land use district of this PC Program, subject to the methods used for measuring building height set forth in the Orange County Zoning Code except that, for architectural consistency, in NRPC Planning Areas 13, 14 and 15 which adjoin Newport Coast PC Planning Areas 8 and 2C, the methods used for measuring building height shall conform with The Newport Coast Planned Community District Regulations. Building Setbacks The building setback requirements shall be as specified by each land use district of this PC Program except that interior property lines contiguous with The Newport Coast Planned Community may have up to a zero setback requirement if approved as an Alternative Development Standard as part of an approved Site Development Permit or Use Permit, 8. Off-Street Parking The provisions of Orange County Zoning Code Section 7 -9 -145. "Off- Street Parking Regulations," shall apply to this Planned Community, except as otherwise specified in Chapter VIII. 9. Annual Monitoring Report An Annual Monitoring Report (AMR) shall be prepared and submitted each year to the County Administrative Office and the Planning and Development Services Department. Submittal of an AMR is required for conformance with the Growth NRPC Program March 1998 II -2 ..Pcp.wpd Management Program of the Land Use Element of the Orange County General Plan and the County's Annual Development Monitoring Program. The Board of Supervisors. in the annual adoption of the Development Monitoring Program, may identify a significant imbalance between development projections and planned infrastructure or in the proportionate development of residential. commercial and employment land uses. The Board of Supervisors may then defer subdivision approval within the Planned Community until approaches capable of resolving the imbalances are proposed to. and approved by, the Board of Supervisors. The AMR will be the project proponent's opportunity to demonstrate mitigation measures and implementation strategies which will ensure adequate infrastructure for the community. 10. Application of Regulations If an issue. condition or situation arises that is not sufficiently covered or provided for in this PC Program so as to be clearly understandable, the County Planning Director shall determine which regulations are applicable. as authorized by Orange County Zoning Code Section 7 -9 -20 (c) "Indeterminate applicability". Those regulations of the Zoning Code that are applicable for the most similar use. issue, condition or situation shall be used by the County Planning Director, as guidelines to resolve the unclear issue, condition, or situation. 11. Incorporation of Conditions, Requirements and Standards All conditions, requirements and standards, indicated graphically or in writing as part of any approved discretionary permit or detail plan granted by authority of these regulations. shall have the same force and effect as these regulations. Any use or development established as a result of such approved permit or plan, but not in compliance with all such conditions, requirements or standards shall be in violation of this PC Program. The enforcement provisions of Orange County Zoning Code Sections 7 -9 -154, "Enforcement provisions ", are applicable to this PC Program. NRPC Program March 1998 11 -3 or- pep. +pd 12. Board Declaration /Severabihty If any portion of these regulations is, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the retraining portions of this PC Program. The Board of Supervisors hereby declares that they would have enacted these regulations and each portion of this PC Program irrespective of the fact that one or more portions may be declared invalid or ineffective. B. SPECIAL PROVISIONS 1. Maximum Dwelling Units A maximum of 2,556 dwelling units may be built in the Newport Ridge Planned Community. No Planning Area which allows for residential uses shall exceed the maximum number of dwelling units indicated for the Planning Area in that Planned Community Statistical Table. 2. Planning, Area Density a. The dwelling unit density permitted in any Residential Planning Area, as designated on the Planned Community Development Map and Statistical Table of the Newport Ridge Planned Community, shall apply to the overall Planning Area, not to any particular division of that area. b. Computation of density shall be based on gross acreages. 3. Planning Area Boundaries a. Except as otherwise indicated, dimensions and gross acreages are measured from centerlines of streets and highways. NRPC Program March 1998 II-4 nr- pcp.Wpd b. When a Planning Area boundary depicted on the PC Development Map is also an arterial highway, and the arterial highway is realigned, the Planning Area boundary may be revised to coincide with the realigned highway. C. Planning Area boundaries and acreages contained in this PC Program are approximate based upon current information and a generalized level of mapping. Final Planning Area boundaries shall be established by the Site Development/Use Permit and/or Tentative /Final Tract Map approval. d. Commercial, nonresidential, and residential uses and areas, to be located at intersections of streets and/or highways shall conform with final street and/or highway alignments without requiring an amendment to this PC Program. Adjustments in Planning Area boundaries shall be in compliance with Chapter XI. 4. Flood Control The property owner /builder shall fund, through special assessment districts and /or community facilities districts, and construct all on -site flood control facilities in a manner meeting the approval of the County Planning Director. Schools The Developer shall pay school development fees to the Newport Mesa Unified School District (NMUSD) based on residential units and commercial square footage upon issuance of building permits or, upon mutual agreement by NMUSD and the Developer, shall provide an alternative financing mechanism to help alleviate the impacts of students generated by the project. An elementary school site shall be reserved for acquisition by the NMUSD. The site shall be six (6) to ten (10) acres, depending upon the feasibility of joint -use NRPC Program March 1998 II -5 N- xp.aPd with adjacent park land. The site shall be designated as a Medium -High (NC) Density Residential Planning Area to allow residential development should the reserved school site not be acquired by NMUSD in accordance with the School Facilities and Funding Agreement which references requirements for the timing of acquisition. Implementation Plans and Programs Development within the Newport Ridge Planned Community shall comply with the County- approved Implementation Plans and Programs required by Chapter I -C (Purpose and Objectives): a. Resource Management Plan (RMP); Local Park Implementation Program (PIP); and C. Open Space Dedication Program. 7. Local Parks Local park sites shall be provided in accordance with the provisions of the Orange County Local Park Code as outlined in the Local Park Implementation Plan for the Planned Community and consistent with the Orange County Recreation Element's "Master Plan of Local Parks ". S. Open Space, Private /Public Certain areas within the Planned Community, although privately owned and fenced, may be designated as open space. These areas, through the use of deed restrictions or similar techniques, shall limit development to preserve the open space character. NRPC Program March 1998 11 -6 nr- Kp.,nd 9. Housing Element Compliance Residential development within the Newport Ridge Planned Community shall comply with the Orange County Housing Element. Residential development areas within the Newport Ridge Planned Community may be designated for affordable housing to satisfy the affordable housing requirements for The Newport Coast Planned Community. 10. Water Conservation Landscaping for common areas of: a) Multifamily projects of five or more units; b) Residential planned developments (common areas only); and c) Commercial /Office projects involving landscaping /irrigation of more than one cumulative acre shall be subject to the Water Conservation Regulations contained in Orange County Zoning Code Section 7- 9- 132.2, "Landscaping ", including the Resolution of Water Conservation Criteria as approved by the Orange County Board of Supervisors. 11. Grading Grading plans for all projects in the Newport Ridge Planned Community shall be consistent with the Orange County Grading and Excavation Code and Orange County Zoning Code Section 7 -9 -139, "Grading and Excavation," with the following additional provisions: a. Grading Plans shall be accompanied by geological and soils engineering reports approved by the Manager, Orange County Planning and Development Services, and shall incorporate all pertinent recommendations prior to issuance of Grading Permits. The soils engineer /engineering geologist must certify the suitability of a graded site prior to clearance for issuance of Building Permits. NRPC Program March 1998 11 -7 m-9cn.w9d b. An approved Grading Plan shall show all areas of grading. including remedial grading, inside and outside of an immediate area of development. Grading shall be permitted within development and open space Planning Areas of the Planned Community, outside of an area of immediate Planning Area development, for the grading of public roads, highways, park facilities, infrastructure, and other development - related improvements. Remedial grading for development shall also be permitted in development and open space Planning Areas outside of an area of immediate development to address geotechnical or soils engineering problems. 12. Archaeological and Paleontological Resources Prior to or concurrent with the approval of a Tentative Subdivision Map, except,a map for financial or conveyance purposes, mitigation programs for archaeological and paleontological resources established in accordance with the Board of . Supervisors' Archaeological /Paleontological Policies shall be submitted to and approved by the Manager, Orange County Planning and Development Services - Harbors, Beaches and Parks /Program Management and Coordination. 13. Development/Open Space Boundary, A Site Development Permit, Use Permit, and/or Tentative Subdivision Map abutting a natural open space Planning Area shall provide for the following, either on the permitimap or an appropriate supplemental graphic or text: a. Urban Edge Treatment, describing the interface treatment area between development and open space uses in a manner consistent with the Conceptual Landscape and Fuel Modification Plan contained in Appendix C; and b. Fire Protection Edge Treatment, including any fuel breaks or fuel modification zones, in a manner consistent with the Conceptual Landscape and Fuel Modification Plan contained in Appendix C and the Orange County Fire Protection Planning Task Force Report. MRPC Program March 1998 11-8 .- av,Wvd 14. Public Utilities Public utility buildings, structures and facilities including, but not limited to. electrical, water, sewage, telephone and television, and their storage, distribution, treatment and/or production required to carry out development are permitted in all Residential, Commercial, and Recreational Planning Areas subject to a Site Development Permit approved pursuant to Orange County Zoning Code Section 7- 9 -150, "Discretionary Permits and Procedures ". 15. Roads San Joaquin Hills Road construction plans have been approved in conjunction with The Newport Coast Planned Community. Collector and local street construction within the Newport Ridge Planned Community shall be in accordance with Orange County design standards, except that deviations may be proposed in conjunction with Tentative Subdivision Maps. 16. Scenic Highway A Scenic Highway Implementation Plan for San Joaquin Hills Road Landscape Corridor has been approved in conjunction with The Newport Coast Planned Community and will be implemented in an interim and ultimate configuration according to this Plan. 17. Fire Station A site for a fire station shall be provided within the Newport Ridge Planned Community, as required by The Irvine (Newport) Coast Development Agreement (DA 87 -16), Development Agreement — First Amendment (DA 96 -03) and Implementation Agreement adopted by the Orange County Board of Supervisors. The fire station shall be constructed in accordance with an approved Site Development Permit. NRPC Program March 1998 11.9 w'PCP -"ND 18. Interim Land Uses The following interim uses are permitted in all undeveloped Planning Areas of the Newport Ridge Planned Community: a. All uses permitted by and processed per the Al "General Agricultural" District Regulations, Section 7 -9 -55 of the Orange County Zoning Code. b. County- approved fuel modification programs required for public health. safety, and welfare. c. County- approved archaeological and paleontological study sites. d. County- approved landfill monitoring and mitigation program facilities. e. County- approved borrow, stockpile, and /or disposal sites and related construction/grading facilities except in the proposed Buck Gully Open Space Dedication Area. NRPC Program March 1998 1I -10 M•xvwo C. CONCEPTUAL LANDSCAPE AND FUEL MODIFICATION PLAN A community- Ievel Conceptual Landscape and Fuel Modification Plan (Appendix C) provides general guidelines for implementing subsequent and more precise Site Development Permits, Use Permits, and Subdivision Maps to ensure consistency with this PC Program. Following adoption of this PC Program, the County Planning Director shall be the approving authority for any subsequent amendments to the Conceptual Landscape and Fuel Modification Plan. 1. Conceptual Landscape Component The Conceptual landscape Plan illustrates preliminary planting design, including preliminary tree /shrub palettes, for: a. San Joaquin Hills Road; b. Collector roads and local streets of community significance; C. Potential local park sites, including view parks within the proposed Buck Gully Open Space Dedication Area; and d. Slope planting areas. Project -level Landscape Plans shall be prepared and approved by the County for each development project consistent with the approved community-level Conceptual Landscape Plan. 2. Conceptual Fuel Modification Component The Conceptual Fuel Modification Plan identifies fuel modification areas, potential treatments, and preliminary tree /plant palettes to protect development projects that abut natural open space areas (e.g., Buck Gully and Coyote Canyon). Project -level Fuel Modification Plans shall be prepared for each applicable development project consistent with the approved community-level Conceptual Fuel Modification Plan. NRPC Program March 1998 II -11 �r- pep_,+pa CHAPTER III RESIDENTIAL USE REGULATIONS /DEVELOPMENT STANDARDS A. PURPOSE AND INTENT The purpose of these provisions is to regulate design and development of the Residential Planning Areas of the Newport Ridge Planned Community. These use regulations provide for a wide variety of residential housing types including, but not limited to, single- family detached, single - family attached, duplex, and multifamily. The regulations also allow for recreation uses, community facilities, community service facilities, and other uses and structures accessory to principal permitted uses. Residential use categories within the Planned Community are intended to be consistent with the Community Profile Sub - categories of the General Plan: 1.4 Medium Density (3.5 - 6.5 d.u. /acre); 1.5 Medium -High Density (6.5 - 18 d.u. /acre); and 1.6 High Density (18+ d.u. /acre). To ensure consistency with the Land Use Element of the Orange County General Plan, the ultimate control for residential development is the maximum number of dwelling units permitted in each Planning Area as indicated in the Newport Ridge Placated Community Statistical Table. All Planning Areas shall be developed consistent with the total dwelling units indicated in this Statistical Table. The purpose of the "Medium Density ((NC)" and "Medium -High Density ((NC)" Residential categories is to regulate the development of residential Planning Areas 13, 14, and 15 of the Newport Ridge Planned Community, which are contiguous to The Newport Coast Planted Community Planning Areas 8 and 2C, with a consistent set of permitted uses, site development standards, and processing procedures. This uniform set of development standards is necessary to ensure compatible and orderly development. The Newport Coast PC is regulated by the Newport Coast Planned Community District Regulations. Development for Planning Areas designated M (NC) and MH (NC) will conform to these regulations as set forth in this Chapter. NRPC Program March 1998 III - I "rpep.wpd B. MEDIUM DENSITY RESIDENTIAL PLANNING AREAS The Medium Density (3.5 -6.5 d.u.lacre) Residential Planning Areas I and 14 provide for predominantly single - family detached, single - family attached, and duplex housing. Recreation uses, community facilities, community service facilities, and other uses and structures accessory to the principal uses are also allowed. I. Principal Uses Permitted The following principal uses are allowed in all Planning Areas designated for Medium Density Residential Use: a. Principal Permitted Uses not requiring discretionary land use permits, plans, or approvals: 1) Detached single - family dwellings. 2) Attached single - family dwellings and duplexes, except planned developments- 3) Community care facilities serving six (6) or fewer person and large family day -care homes. b. Principal Permitted Uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): 1) Residential Planned Developments per Orange County Zoning Code Section 7 -9 -1 10. 2) Multifamily residential developments per Orange County Zoning Code Section 7- 9- 146.7, NRPC Program March 1998 Ill -2 K -xvwe 3) Community care facilities serving seven (7) or more persons per Orange County Zoning Code Section 7 -9 -141. 4) Accessory Permitted Uses referenced in Chapter III -B -2 (Accessory Permitted Uses) when located on a separate building site. 5) Permanent or temporary landfill monitoring and mitigation program facilities. 6) Any other use which the Planning Commission finds consistent with the purpose and intent of this land use category. 2- Accessory Uses Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site, per Orange County Zoning Code Section 7 -9 -137, "Accessory Uses and Structures," including: a. Garages and carports. b. Accessory structures such as greenhouses, gazebos, cabanas, and storage sheds. C. Swimming pools, therapy baths, water fountains, and related equipment. d. Covered patios and decks. e. Fences and walls. f. Tennis courts, parks, trails, greenbelts, and similar common landscape areas. NRPC Progmm March 1998 111 -3 M.ocp.wcd g. Signs per Chapter IX (Sign Regulations). h. Noncommercial keeping of pets and animals per Orange County Zoning Code Section 7 -9- 146.3. i. Home occupations per Orange County Zoning Code Section 7- 9- 146.6. j. Accessory uses and structures which the County Planning Director, finds to be consistent with the purpose and intent of this land use category. 3. Temporary Uses Permitted Temporary uses are permitted subject to the requirements of Orange County Zoning Code Section 7 -9 -136, "Temporary Uses and Structures ". 4. Prohibited Uses a. The storage of vehicles, equipment, or products related to a commercial activity not permitted in this area. b. The keeping of pets or animals for any commercial purpose. C. Apiaries. d. Industrial and manufacturing facilities. e. Uses not provided for by Chapter III -B -1 through -3 shall be prohibited, subject to Orange County Zoning Code Section 7 -9 -20 (c). NRK Program March 7998 111 -4 MJxp..Pd 5. Site Development Standards The following standards shall apply to all development within this land use category: a. Building site area: Three thousand (3.000) square feet net minimum for condominium, stock cooperative, and apartment developments; two thousand -five hundred (2,500) square feet net minimum for detached and attached single - family, duplex, and other (nonresidential) developments. Planning Area 1 shall have a minimum single- family residential lot size of seven thousand (7,000) square feet net, b. Area per unit: One thousand (1,000) square feet minimum net land area per dwelling unit, C. Building site width: No minimum. d. Building height: Thirry -five (35) feet maximum. e. Building site coverage: No maximum. f. Building setbacks: 1) Single - family detached developments: a) From any street - Ten (10) feet minimum except garages and carports per Chapter Ul -B -S -g below. b) Side - Ten (10) feet minimum for one side only, or ten (10) feet aggregate total for both sides. C) Rear - Ten (10) feet minimum. NRPC Program March 1998 111 -5 w- xp.wpd 2) Other developments: a) Ten (10) feet minimum from any exterior property line or property line abutting a public or private street. except garages and carports per Chapter III -B -5 -g below. b) From any other interior property line. no minimum. g. Garage and carport placement: The point of vehicular entry to a garage or carport shall be a distance of seven (7) feet or less, or twenty (20) feet or more from the back of sidewalk. or if there is no sidewalk. from back of curb. h. Off- street parking: Shall be provided per Chapter VIII (Off-Street Parking Regulations). i. Patios: No attached or detached covered patio shall be located closer than three (3) feet to a property line. except along any street -side property line, in which case a minimum distance of ten (10) feet shall be maintained. j. Projections into required setbacks: Eaves, cornices, chimneys, outside staircases, balconies, and other similar architectural features may project a maximum of six (6) feet into any required setback, except that where the setback is less than six (6) feet, the projection may not exceed sixty (60) percent of the required setback. k. Open space (except for single - family detached developments): A minimum of five (5) percent of the net area of a development area shall be reserved as usable open space. The following shall not be counted in computing the usable open space: streets, common driveways. slopes greater than a 2.5:1 incline, and any property not reserved for the sole use and enjoyment of the occupants of the project and their guests. WC ,Program March 7998 111 -6 - Kp..gd I. Trash and storage areas (except for single -family developments): All storage, including cartons, containers, or trash shall be shielded from view within the building or area enclosed by a wall not less than six (6) feet in height. m. Screening (except for single - family detached developments): 1) A screen shall consist of one or any combination of the following: a) Walls, including retaining walls: A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of four (4) inches thick. b) Berms: A berm shall be constructed of earthen materials and it shall be landscaped. C) Solid Fences: A solid fence shall be constructed of wood or other materials a minimum thickness of one (1) inch. d) Landscaping: Vegetation shall consist of evergreen or deciduous trees or shrubs. 2) Screen required between adjoining residential areas: A screen shall be installed as required to buffer multi - family developments from abutting single - family attached or detached residential uses. Except as otherwise provided below, the screening shall have a total height of not less than five (5) feet and not more than seven (7) feet. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest point of elevation. 3) Screen required for parking areas abutting arterial highways: An opaque screen shall be installed along all parking areas abutting arterial highways. Except as otherwise provided below, screening, other than landscaping, shall have a total height of not less than three (3) feet and not more than six (6) feet. NRPC Program March 1998 111 -7 4) Notwithstanding the requirements listed above. where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such change in elevation may be used in lieu of. or in combination with, additional screening to satisfy the screening requirements of this section. n. Landscaping (except for single- family detached developments): The planting of drought - tolerant native or non - intrusive. non - native low- maintenance species is encouraged. Landscaping consisting of evergreen or deciduous trees, shrubs, groundcover, and /or hardscape shall be installed and maintained subject to the following standards: 1) Boundary landscaping abutting arterial highways is required to a minimum depth of ten (10) feet. 2) Boundary landscaping abutting public streets, other than arterial highways, is required to an average depth of ten (10) feet with a minimum depth of five (5) feet. 3) Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least four (4) inches higher than the adjacent vehicular area or in some other manner be protected from vehicular damage. 4) Irrigation facilities shall be provided for all landscaped areas except where drought - tolerant species have been established. 5) All landscaping shall be maintained in a neat, clean, and healthy condition. This shall include pruning, mowing lawns, weeding, removing litter, fertilizing, replacing plants when necessary, and watering all plantings. NRPC Program March 1998 III -8 Or-PCP -0 o. Lights: All lights shall be designed and located so that rays are aimed at the site. P. Manufactured slopes: Slopes along development edges shall incorporate contour- grading techniques. q. Maximum heights for fences and walls per Orange County Zoning Code Section 7- 9- 137.5, except as otherwise permitted below, provided that site distances for vehicular safety purposes are not obstructed: 1) Within required front setback area - forry-two (42) inches maximum. 2) Within other setback areas - six (6) feet maximum, except when higher walls are required by the County Planning Director, for the purpose of noise mitigation or other health and safety measures. NRPC Program March 1998 111 -9 -PP -0 C. MEDIUM -HIGH AND HIGH DENSITY RESIDENTIAL PLANNING AREAS The Medium -High Density (6.5 -18 d.u. /acre) and High Density (18+ d.u. /acre) Residential Planning Areas 2. 3, 4. 5, 6, 7. 8, 9, 11. 13. 15, 21, and 22 of the Newport Ridge Planned Community provide for predominantly multifamily housing. while also permitting single - family detached /attached and duplex housing. Recreation uses. community facilities, community service facilities, and outer uses and structures accessory to the principal uses are also allowed. I. Principal Uses Permitted The following principal uses are allowed in all Planning Areas designated for Medium -High and High Density Residential Use: a. Principal Permitted Uses not requiring discretionary land use permits, plans, or approvals: 1) Detached single - family dwellings. 2) Attached single- family dwelling and duplexes, except planned developments. 3) Community care facilities serving six (6) or fewer persons and large family day care homes. b. Principal Permitted Uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): 1) Residential planned developments per Zoning Code Section 7 -9- 110. 2) Multifamily residential developments per Orange County Zoning Code Section 7- 9- 146.7. NRPC Program March 1998 111 -10 M-Pwq'wd 3) Community care facilities serving seven (7) or more persons per Orange County Zoning Code Section 7 -9 -141. 4) Accessory Permitted Uses referenced in Chapter III -C -2, (Accessory Permitted Uses) when located on a separate building site. 5) Temporary or permanent landfill monitoring and mitigation program facilities. 6) Any other use which the Planning Commission finds consistent with the purpose and intent of this Planning Area. 2. Accessory Uses Permitted Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site, per Orange County Zoning Code Section 7 -9 -137 "Accessory Uses and Structures," including: a. Garages and carports, including access driveways and private streets. b. Accessory structures such as greenhouses, gazebos, cabanas, and storage sheds. C. Swimming pools, therapy baths, water fountains, and related equipment. d. Covered patios and decks. e. Fences and walls. f. Tennis courts, parks, nails, greenbelts, and similar common landscape areas. NRPC Pmg March 1998 111 -1I —PCP-wd g. Signs per Chapter IX (Sign Regulations). h. Campanili, subject to Planning Commission approval per Chapter X (Permit Regulations and Procedures). i. Noncommercial keeping of pets and animals per Orange County Zoning Code Section 7 -9- 146.3. j. Home occupations per Orange County Zoning Code Section 7- 9- 146.6. k. Accessory uses and structures which the County Planning Director, finds to be consistent with the purpose and intent of this land use category. 3. Temporary Uses Permitted Temporary uses are permitted, subject to the requirements of Orange County Zoning Code Section 7 -9 -136, "Temporary Uses and Structures ". 4. Prohibited Uses a. The storage of vehicles, equipment, or products related to a commercial activity. b. The keeping of pets or animals for any commercial purpose. C. Apiaries. d. Industrial and manufacturing facilities. e. Uses not provided for by Chapter III -C -1 through -3 shall be prohibited, subject to Orange County Zoning Code Section 7 -9 -20 (c). NRPC Program March 1998 III -12 nr- pw..7d 5. Site Development Standards The following standards shall apply to all development within this land use category: a. Building site area: Three thousand (3,000) square feet minimum for condominium, stock cooperative and apartment developments; two thousand -five hundred (2,500) square feet minimum for detached and attached single - family, duplex and other (nonresidential) developments. b. Area per unit: One thousand (1,000) square feet minimum net land area per dwelling unit. C. Building site width: No minimum. d. Building heights: 1) Single - family detached developments - thirty -five (35) feet maximum. 2) Other developments - forty -five (45) feet maximum. C. Building site coverage: No maximum. f. Building setbacks: 1) Single - family detached developments: a) From any street - Ten (10) feet minimum except garages and carports per Chapter III -C -5 -9 below. b) Side - Ten (10) feet minimum for one side only, or ten (10) feet aggregate total for both sides. C) Rear - Ten (10) feet minimum. NRPC Program March 1998 III -13 nr.pep.wpa a 2) Other developments: a) Ten (10) feet minimum from any exterior property line or property line abutting a public or private street. except garages and carports per Chapter III -C -5 -g below. b) Twenty-five (25) feet minimum from all property lines abutting existing single - family detached residential lots. C) From any other interior property line, no minimum. g. Garage and carport placement: The point of vehicular entry to a garage or carport shall be a distance of seven (7) feet or less, or twenty (20) feet or more, from the back of sidewalk, or if there is no sidewalk, from the back of curb. h. Off - street parking: Shall be provided per Chapter VIII (Off- Street Parking Regulations). L Patios: No attached or detached covered patio shall be located closer than three (3) feet to a property line, except along the street -side property line of a comer lot, in which case a minimum distance of eight (8) feet shall be maintained. j. Projections into required setbacks: Eaves, cornices, chimneys, outside staircases, balconies, and similar architectural features may project six (6) feet into any required setbacks; except that where the setback is less than six (6) feet, the projection may not exceed sixty (60) percent of the required setback. k. Open space (except for single -family detached developments): Minimum of five (5) percent of the net area of a development area is to be reserved as usable open space. The following shall not be counted in computing the usable open space: streets, common driveways, slopes NRPC Program March 1998 111 -14 -xv.,Vd 5) All landscaping shall be maintained in a neat, clean and healthy condition. This shall include pruning, mowing lawns, weeding. removing litter, fertilizing, replacing plants when necessary, and watering all plantings. o. Lights: All lights shall be designed and located so that rays are aimed at the site. p. Manufactured slopes: Slopes along development edges shall incorporate contour - grading techniques. q. Maximum heights for fences and walls per Orange County Zoning Code Section 7- 9- 137,5, except as otherwise permitted below, provided that site distances for vehicular safety purposes are not obstructe(L 1) Within required front setback area -- forty -two (42) inches maximum. 2) Within other setback areas -- six (6) feet maximum, except when higher walls are required by the County Planning Director, for the purpose of noise mitigation or other health and safety measures. D. MEDIUM DENSITY (NC) AND MEDIUM -HIGH DENSITY (NC) RESIDENTIAL PLANNING AREAS The Medium Density (NC) (3.5 -6.5 d.u. /acre) Residential Planning Area 14 and Medium - High Density (NC) (6.5 -18 d.u. /acre) Residential Planning Areas 13 and 15, of the NRPC adjoin Residential Planning Area 8 (High Density) and 2C (Medium Density) within The Newport Coast Planned Community, and provide for single- family detached, single - family attached, duplex, and multi- family housing. Recreation uses, community facilities, community service facilities, and other uses and structures accessory to the principal uses are also allowed. NRPC Program (Clarification: The term "Medium -High" and the density range "65 -18 d.u.lacre' used in this NRPC Program for Residential Planning Areas 13 and 15 are consistent with the land use categories specified in the current Orange County General Plan. but in the adjoining Newport Coast Planned Community the term "High" is used for this density range. and the term "Medium - High" is not used at all. Within The Newport Coast PC. the only difference between 'Medium" and "High" Density Residential Planning Areas is maximum densin. As set forth in Section 11-4 -C ( "Medium and High Density Planning Areas") of The Newport Coast PC, the regulations for permitted land uses and site development standards are combined. Therefore, the fact that this Chapter is a restatement of The Newport Coast Planned Community District Regulations Section 11 -4-C. will except for the addition of Campanili to Accessory Uses Permitted, result in NRPC Planning Areas 13. 14, and 15 and Newport Coast PC Planning Areas 8 and 2C all having the same permitted uses and site development standards. consistent with Chapter I of this PC Program, "Purpose and Objectives".) Where any portion of any dwelling unit falls within The Newport Coast Planned Community, that unit will he counted toward the number of units assigned to the respective Planning Area shown on The Newport Coast PC Development Map and Statistical Table. Princieal Uses Permitted The following principal uses are allowed in all Plauning Areas designated for Medium Density (NC) and Medium lEgh Density (NC) Use, subject to a Site Development Permit per Chapter X (Permit Regulations and Procedures): a. Detached single - family dwellings. b. Community care facilities serving twelve (12) or fewer persons per Zoning Code Section 7 -9 -141. c. Attached single - family dwellings and duplexes. d. Residential Planned Developments per Zoning Code Section 7 -9 -110. NRPC Program e. Multifamily residential developments, except condominiums and stock cooperatives, per Zoning Code Section 7 -9- 146.7. f. Residential condominiums and stock cooperatives per Zoning Code Section 7 -9 -147. g. Community facilities including the following uses, and related and similar uses: 1) Intracommunity directional signs. 2) Public and private parks (noncommercial). 3) Public and private (non - commercial) recreation centers and facilities including, but not limited to, swimming pools, tennis courts, and clubhouses. 4) Riding, hiking, and bicycle trails. 5) Security and maintenance facilities related directly to the residential community. 6) Elementary school. h. Community service facilities including the following uses, and related and similar uses: 1) Community centers. 2) Community information centers. NRPC Program i. Accessory Permitted Uses referenced in Section D -2 of this Chapter when located on a separate building site. 2. Accessory Uses Permitted a. Accessory uses and structures permitted when customarily associated with and subordinate to a permitted use on the same building site, per Zoning Code Section 7 -9 -137 except as modified in Section D -5 of this Chapter. including: 1) Garages and carports; 2) Detached accessory structures such as greenhouses, gazebos, cabanas, and storage sheds; 3) Swimming pools, therapy baths, water fountains, and related equipment; 4) Covered patios and decks; 5) Fences and walls; 6) Tennis courts, parks, trails, greenbelts, and common areas; 7) Non - commercial keeping of pets and animals per Zoning Code Section 7 -9- 146.3; 8) Home occupations per Zoning Code Section 7- 9- 146.6; and 9) Non- commerciallnon- profit art displays and galleries. b. Campanili subject to Planning Commission approval per Chapter X (Permit Regulations and Procedures). NRPC Progmm 3. Temporary Uses Permitted Temporary uses are permitted in Residential Planning Areas subject to the requirements of Orange County Zoning Code Section 7 -9 -136. "Temporary Uses and Structures ". 4. Prohibited Uses a. The storage of vehicles. equipment, or products related to a commercial activity not permitted in this area: b. The keeping of pets or animals for any commercial purpose; C. Apiaries: d. Industrial and manufacturing facilities; and e. Uses not provided for by Section D 1 through 3 of this Chapter shall be prohibited, subject to Zoning Code Section 7 -9 -20 (c). S. Site Development Standards a. Building site area: Three thousand (3,000) square feet minimum for condominium, stock cooperative, and apartment developments; Two thousand five hundred (2.500) square feet minimum for detached and attached single - family, duplex, and other (non - residential) developments. b. Area per unit: One thousand (1.000) square feet minimum gross land area per dwelling unit, regardless of the slope of the land. C. Building site width: No minimum. NRPC Program .,_- ,MO d. Building height: Thirty -five (35) feet maximum. except forty-five (45) feet maximum for Planning Area 13. e. Building site coverage: No maximum. f. Building setbacks: Ten (10) feet minimum from any exterior property line or property line abutting a public or private street, except garages and carports per Subsection 3 below. From any other interior property line. no minimum. g. Garage and carport placement: The point of vehicular entry to a garage or carport shall be a distance of seven (7) feet or less, or twenty (20) feet or more from the back of sidewalk, or if there is no sidewalk. from back of curb. h. Off - street parking: Shall be provided per Chapter VIII (Off- Street Parking Regulations). i. Open space (except for single -family developments): Minimum of five percent (5 %) of the net area of the project is to be reserved as usable open space. The following shall not be counted in computing the usable open space: streets, common driveways, slopes greater than 2.5:1 incline, and any property not reserved for the sole use and enjoyment of the occupants of the project and their guests. j. Trash and storage areas (except for single- family developments: All storage, including cartons, containers or trash shall be shielded from view within a building or area enclosed by a wall not less than six (6) feet in height. NRPC Pmgram k. Screening (except for single - family developments): 1) Abutting residential areas. A screen shall be installed as required to buffer multiple- family developments from abutting areas zoned for single- family residential. Except as otherwise provided below. the screening shall have a total height of not less than six (6) feet and not more than seven (7) feet. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest point of elevation. 2) Parking areas abutting arterial highways. An opaque screen shall be installed along all parking areas abutting arterial highways. Except as otherwise provided below, the screening other than landscaping shall have a total height of not less than three (3) feet and not more than six (6) feet. 3) [Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements of this Section. 4) A screen as referred to in Subsection 1, 2, and 3 above, shall consist of one or any combination of the following: a) Walls including retaining wails: A wall shall consist of concrete, stone, brick, tile. or similar type of solid masonry material a minimum of four (4) inches thick. b) Berms: A berm shall be constructed of earthen materials and it shall be landscaped. NRPC Program C) Fences, solid: A solid fence shall be constructed of wood, or other materials a minimum nominal thickness of one (1) inch. d) Landscaping: Vegetation shall consist of evergreen or deciduous trees or shrubs. 1. Landscaping (except for single - family developments): The planting of drought tolerant, native or non - intrusive non - native low maintenance species is encouraged. Landscaping, consisting of evergreen or deciduous trees, shrubs, groundcover, and/or hardscape shall be installed and maintained subject to the following standards: 1) Boundary landscaping abutting arterial highways is required to a minimum depth of ten (10) feet. 2) Boundary landscaping abutting public streets, other than arterial highways, is required to an average depth of ten (10) feet with a minimum depth of five (5) feet. 3) Separation: Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six (6) inches higher than the adjacent vehicular area or in some manner be protected from vehicular damage. 4) Watering: Watering facilities shall be provided for all landscaped areas except where drought tolerant species have been established. 5) Maintenance: All landscaping shall be maintained in a neat, clean, and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the watering of all plantings per Subsection 4 above. NRPC Program M. Lights. All lights shall be designed and located so that rays are aimed at the site. n. Local roads: Standards for local roads, including gradients, width, radius of curvature, and lighting shall ensure that visual impact is minimized where feasible. o. Erosion control: Areas of disturbed soil shall be hydroseeded with native or non - intrusive non - native plants to control erosion. P. Contour grading: Manufactured slopes along development edges shall incorporate contour grading techniques. NRPC Program CHAPTER IV RECREATION USE REGULATIONSIDEVELOPMENT STANDARDS A. PURPOSE AND INTENT The Recreation Planning Areas of the Newport Ridge Planned Community provide for active and passive park sites and recreational uses, and also preserve open space areas in a primarily natural state for passive enjoyment and in a fuel- modified condition for wildiand fire protection. Providing physical and visual linkages to the existing and proposed regional public open space system in the vicinity is an important goal of these areas_ Recreation Planning Areas 17 and 18 are further proposed as Open Space Dedication Areas which, when combined with The Newport Coast Planned Community's Open Space Dedication Planning Area 11A, will preserve Suck Gully as a regional public open space corridor. Roads, utilities, grading, drainage, and other infrastructure improvements and facilities are permitted for the improvement of permitted park and recreational uses, and adjacent development Planning Areas. B. PRINCIPAL USES PERMITTED 1. Principal Permitted Uses not subject to discretionary land use permits, plans, or approvals: a. Drainage and water retention facilities. b. Public utility lines and facilities. C. Maintenance of pubic facilities, roads and infrastructure. d. Open space (natural and modified for fire protection). NRPC Program C. Private open space and fuel modification areas where the land is owned and maintained by homeowners associations (not individual residents, public agencies, and /or districts). f. Public works. roads. drainage improvements. and other infrastructure necessary for the permitted development of other Planning Areas. g. Remedial grading required to resolve geotechnical /soils engineering problems associated with development Planning Areas and /or satisfy engineering requirements for related roads, infrastructure, and other development-related improvements. h. Passive recreation areas. 2. Principal Permitted Uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): a. Community facilities per Chapter VII -B -I. b. Picnic areas. C. Riding and hiking trail staging areas. d. Viewpoints and overlook areas. e. Scientific study or interpretive areas. f. Community service and community service commercial facilities per Chapter VII -B -I. NRPC Program 3. Principal Permitted Uses requiring a Use Permit per Chapter X (Permit Regulations and Procedures): a. Community service and community service commercial facilities per Chapter VII -B -2. b. Any other use which the Planning Commission finds consistent with the purpose and intent of this land use category_ C. ACCESSORY USES PERMITTED 1 _ Accessory commercial uses that are directly related to a permitted recreational facility such as a golf course or tennis courts. 2. Accessory uses and structures customarily associated with and subordinate to a Principal Permitted Use per Orange County Zoning Code Section 7 -9 -137. D. PROHIBITED USES 1. Residential structures. 2. Wholesale and retail commercial uses, other than Accessory Uses permitted above per Chapter IV -C. 3. Industrial and manufacturing facilities. 4. Uses not provided for by Chapter IV -B and IV -C shall be prohibited. subject to Orange County Zoning Code Section 7 -9 -20 (c). NRPC Program E. OPEN SPACE MANAGEMENT PRIOR TO DEDICATION Prior to the transfer to public ownership of Recreation Planning Areas 17 and 18 (i.e.. proposed Buck Gully Open Space Dedication Area), private landowners shall comply with the following: I. The landowner may continue existing uses, and may construct and maintain any fencing, firebreaks, fuel modification zones, water pipes, and agricultural facilities, and maintain access roads necessary for the continued use and protection of the property, and for facilities approved by the County of Orange for public health. safety, welfare, and recreation purposes consistent with this chapter. 2. New fences shall be designed so that wildlife can pass through. 3. No alteration of existing stream courses shall occur, except as necessary to provide fire access toads and/or protection. 4. No excavations of archaeological and paleontological sites will be permitted, except as required by public safety and/or utility facilities in accordance with Chapter II (General Regulations). 5. Notwithstanding any other provisions, Iandform alterations are allowed to accommodate realignment, improvement, and /or widening of San Joaquin Hills Road and associated improvements, and to allow grading, construction, and maintenance of park and recreation sites. F. SITE DEVELOPMENT STANDARDS 1. Building site area: No minimum. 2. Building site width and depth: No minimum. NRPC Program 3. Building setbacks: All buildings shall be set back from property litres a distance at least equal to the height of the building or structure, and not less than thirty (30) feet from any adjacent development Planning Area. 4. Building site coverage: Not more than five (5) percent of the total area in this land use category may be covered by buildings. 5. Building height limit: Twenty-eight (28) feet. 6. Off-street parking: Shall be provided per Chapter VIII (Off- Street Parking Regulations). 7. Screening of parking areas: Public parking areas adjacent to but outside of the right -of -way of public streets or highways shall be screened from view by earthen berms, fences, walls, and /or landscape plantings that, within five years, are at least seventy-five (75) percent opaque, provided such screening is consistent with public health and safety, and is approved by the Manager, Landscape Architecture. NRPC Program CHAPTER V COMMERCIAL VILLAGE USE REGULATIONSIDEVELOPMENT STANDARDS A. PURPOSE AND INTENT The purpose of these provisions is to regulate the design and development of the Commercial Village Planning Area within the Newport Ridge Planned Community. A variety of local commercial uses, facilities supporting the surrounding community, and the opportunity for multifamily residential uses combine to make this a unique mixed -use development area. Local commercial uses within the Commercial Village may include retail sales, local services, and limited professional and administrative office uses. The development of this centrally located Planning Area may combine multifamily residential and commercial uses in either of two ways: 1) vertically -- where the ground level is reserved for commercial uses and the upper floor (or floors) contains multifamily dwellings; and/or 2) horizontally — where multifamily residential uses are developed in conjunction with commercial uses on one site, either in attached or in separate building complexes. The Commercial Village Planning Area designation is intended to implement the County General Plan's Local Commercial Community Profile category (2.11) and High Density Residential Community Profile category (1.61) land use designations. B. PRINCIPAL USES PERMITTED I. Principal Permitted Uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): a. Retail commercial businesses. b. Service commercial businesses, including dry cleaning service outlets utilizing off -site facilities only. NRPC Program C. Self- service laundries. d. Administrative, professional and business offices. e. Restaurants (except drive in/drive through). f. Cafes, bars and cocktail lounges. g. Civic and Governmental uses. h. Public /private utility buildings and structures. L Community facilities per Chapter VII -B -1. j• Community service and community service commercial facilities per Chapter VII-B -2. k. Residential Planned Developments per Orange County Zone Code Section 7 -9 -110. 1. Multifamily residential developments per Orange County Zoning Code Section 7- 9- 146.7. m. Theaters, libraries, museums, and cultural institutions. n. Hotels and motels. o. On -site dry cleaning facilities. p- Banks and other financial institutions. q• Residential time -share projects. r. Drive- through/drive -in restaurants. NRPC Pwgm 2. Permitted Uses requiring a Use Permit per Chapter X (Permit Regulations and Procedures): a. Community service and community service commercial facilities per Chapter VII -B -3. b. Conference and/or convention centers. C. Animal clinics subject to the additional regulations of Orange County Zoning Code Section 7- 9- 146.1. d. Automobile service stations per Chapter VI. e. Any other use which the Planning Commission finds consistent with the purpose and intent of this land use category. C. TEMPORARY USES AND STRUCTURES Temporary uses are permitted subject to the requirements of Orange County Zoning Code Section 7 -9 -136. "Temporary Uses and Structures ". D. ACCESSORY USES AND STRUCTURES Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site, per Orange County Zoning Code Section 7 -9 -137. Accessory uses and structures shall be approved per Chapter X (Permit Regulations and Procedures) and include: 1. Garages and carports in compliance with the site development standards contained in Chapter V -F and the permit requirements listed in Chapter V -B. 2. Accessory structures such as gazebos, cabanas, and storage buildings. 3. Swimming pools, therapy baths, water fountains, and related equipment. 4. Covered patios and decks. NRPC Program 5. Fences and walls. 6. Tennis courts. parks. trails, walkways. greenbelts, and common landscape areas. 7. Signs per Chapter IX (Sign Regulations). 8. Campanili, subject to Planning Commission approval per Chapter X (Permit Regulations and Procedures). 9. Noncommercial keeping of pets and animals per Orange County Zoning Code Section 7 -9- 146.3. 10. Home occupations per Orange County Zoning Code Section 7- 9- 146.6. 11. Accessory uses and structures which the County Planning Director, finds to be consistent with the purpose and intent of this land use category. E. PROHIBITED USES 1. Wholesale sale of building materials with any exterior storage yards. 2. Major automobile repair, tire retreading, fender and body repair. paint shops and auto sales. 3. Automobile wrecking, junk and salvage yards. 4. Bottling plants. 5. Rental and sales agencies for agricultural, industrial, and construction equipment. 6. Warehouses, contractor storage and equipment yards, work and/or fabricating areas. 7. Welding shops. 8. Sanitariums, mental and health. NRPC Pmg am 9. Lodge and union halls. 10. Industrial and manufacturing facilities. 11. Wholesale business operations. 12. Ice production. 13. Wholesale bakeries. 14. Single - family detached dwellings. 15. Game arcades or parlors where five (5) or more machines are located, except in conjunction with a movie theater, motel, hotel, or restaurant of more than ten (10) seats. 16. Adult entertainment businesses as deemed in Orange County Zoning Code Section 7 -9- 146.2. 17. Hospitals, other than walk -in clinics or emergency centers. 18. Mortuaries. 19. Mini - storage facilities. 20. Uses not provided for by Chapter V -B, V -C, and V -D shall be prohibited, subject to Orange County Zoning Code Section 7 -9 -20 (c). NRPC Program F. SITE DEVELOPMENT STANDARDS The following standards shall apply to all developments within this land use category: 1. Building site area: No minimum. The maximum is the net usable site area. A building site may in terms of functional land use and circulation, blend into that portion of The Newport Coast Planned Community bounded by this Commercial Village Planning Area, Newport Coast Drive, and Ridge Park Road. 2. Building site width and depth: No minimum. 3. Building height limit: Fifty (50) feet maximum for commercial or residential uses in separate structures. Sixty-five (65) feet maximum for commercial /residential mixed uses in the same building. Campanili may exceed the maximum building height subject to approval of a Use Permit by the Planning Commission per Chapter X (Permit Regulations and Procedures). 4. Building setbacks: a. Front setbacks: 1) Ten (10) feet minimum from the ultimate street right -of -way line if building is under twenty-five (25) feet in height. 2) Fifteen (15) feet minimum from the ultimate street right -of -way line if building is between twenty-five (25) and thirty -five (35) feet in height. 3) Twenty (20) feet minimum from the ultimate street right -of -way line if building is over thirty-five (35) feet in height. b. Side setbacks: 1) No minimum required if building is under twenty-five (25) feet in height. NRPC Program 2) Five (5) foot minimum from the side property line if building is between twenty -five (25) and thirty -five (35) feet in height. 3) Ten (10) foot minimum from the side property line if building is over thirty -five (35) feet in height. C. Rear setbacks: No minimum required. d. Projections into required setbacks: Eaves, cornices, chimneys, outside staircases, balconies and similar architectural features may project six (6) feet into any required setback; except that where the setback is less than six (6) feet, the projection shall not exceed sixty (60) percent of the required setback area. 5. Off - street parking requirements: Off - street parking shall be provided as required by the provisions of Chapter VIII (Off - Street Parking Requirements). Joint -use parking may extend into contiguous development Planning Areas of The Newport Coast Planned Community subject to Planning Commission approval of a master Detailed Parking Plan per Chapter VIII -D. 6. Signs: Shall be permitted in accordance with Chapter IX (Sign Regulations). 7. Lighting: All lighting, exterior and interior, shall be designed and located to confine direct rays to the site. 8. Commercial Loading and unloading: All commercial loading and unloading shall be performed on the site; Loading platforms and areas shall be screened from view from adjacent streets, highways, adjacent Recreation and Residential Planning Areas, and on -site residential uses. 9. Trash and storage areas: All storage, including cartons, containers or trash, shall be located within a building or an area enclosed by a wall of not less than six (6) feet in height. An overhead enclosure shall be required if visible from a residential area. NRPCPWgmm 16. Screening: a. Streets and intersections: Screening along streets shall have a height of not less than thirty-six (36) inches nor more than forty-two (42) inches within twenty (20) feet of the point of intersection of: 1) A vehicular accessway or driveway and a street. 2) A vehicular accessway or driveway and a sidewalk. 3) Two or more vehicular accessways, driveways or streets. b. Parking areas abutting highways: A screen shall be installed along all parking areas abutting highways. Except as otherwise provided below, the screening shall have a total height of not less than thirty (30) inches and not more that forty-two (42) inches. C. Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary litre, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with additional screening to satisfy the screening requirements of this section. d. A screen as referred to in Chapter V -F -10 shall consist of one or any combination of the following: I) Walls, including retaining walls: A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six (6) inches thick. 2) Berms: A berm shall be constructed of earthen materials and shall be landscaped. NRPC Progr 3) Solid Fences: A solid fence shall be constructed of wood or other materials a minimum nominal thickness of two (2) inches and it shall form a solid screen. A screen fence (non - solid) may be allowed, subject to Site Plan approval. 4) Landscaping: Vegetation, consisting of evergreen or deciduous trees or shrubs. e. Mechanical equipment such as, but not limited to, air conditioning, heating, ventilating ducts and exhausts placed on any roof shall be screened from view from any abutting street or highway. 11. Landscaping: Shall consist of a combination of evergreen or deciduous trees, shrubs, groundcover, or hardscape shall be installed and maintained subject to the following standards: a. Boundary landscaping abutting arterial highways is required to an average depth of fifteen (15) feet with a minimum depth of five (5) feet. b. Boundary landscaping abutting public streets, other than arterial highways, is required to an average depth of ten (10) feet with a minimum depth of five (5) feet. C. An additional amount of landscaping area, equal to at least five (5) percent of the net usable area of the project is required. d. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least four (4) inches higher than the adjacent vehicular area or shall in some manner be protected from vehicular damage. e. Permanent irrigation for establishment of planting shall be provided for all landscaped areas. f. All landscaping shall be maintained in a neat, clean and healthy condition. This shall include pruning, mowing, weeding, removing litter, fertilizing, replacing plants when necessary, and watering all plantings. NRPC Program CHAPTER VI SERVICE STATION SITE REGULATIONS /DEVELOPMENT STANDARDS A. PURPOSE AND INTENT The purpose of these regulations is to provide review procedures and site development standards for automobile service stations within the Newport Ridge Planned Community, where the need for such a facility is demonstrated. These regulations provide procedures to ensure the appropriate number, location, design, and maintenance of service stations. In order to implement these objectives, all proposed service stations shall be subject to Planning Commission approval of a Use Permit. All service stations shall be designed to shield views of the pump islands and service bays from abutting streets. B, USES PERMITTED Automobile service stations are permitted within the Commercial Village Planning Area subject to Planning Commission approval of a Use Permit per Chapter X (Permit Regulations and Procedures). Automobile service stations may, as part of an approved Use Permit, include the following accessory uses: Sale /installation of petroleum products, tires, batteries, and related minor automotive accessories. 2. Minor automobile maintenance (e.g., tune ups, drive belt replacement, muffler /brake repair, and electrical repair), washing, and lubricating services. (Heavy automobile repair involving major engine, transmission, drive train or other repair is prohibited.) NRPC Progrm 3. Convenience Store/ "Mini %market offering incidental food, packaged goods, and convenience items to the motoring public. 4. Any other use which the Planning Commission finds consistent with the purpose and intent of this chapter. C. SITE DEVELOPMENT STANDARDS The following standards shall apply to all automobile service stations except as otherwise established by an approved Use Permit: 1. Building site area: Twelve thousand (12,000) square feet minimum. 2. Build Twenty-five(25) feet maximum. 3. Building line regulations (measured from main building): a. From ultimate right -of -way lines: Twenty (20) feet minimum. b. From interior property lines: Twenty -five (25) feet from any property line abutting an area designated for residential uses. Zero (0) feet from property lines abutting commercially designated areas. 4. Vehicular access regulations: Prior to clearance for issuance of a Building Permit for a service station, a plan of vehicular access for the entire street frontage of the building site containing the service station shall be approved by the County Planning Director. 5. Sipes: Signs shall be permitted in accordance with Chapter IX (Sign Regulations). 6. Lighting: All lighting, exterior and interior, shall be designed and located to confine direct rays to the site. NRPCProgrom 7. Trash and storage area: All storage of cartons. containers, merchandise and trash shall be shielded from view within a building or area enclosed by a solid masonry wall not less than six (6) feet in height. No such area shall be located within fifty (50) feet of any Residential Planning Area or residential development within the commercial Village Planning Area unless it is fully enclosed by walls and a roof. 8. Enclosed uses: All activities other than the sale of motor fuels and lubricants and car washing shall be contained in a completely enclosed structure. 9. Screening: a. Abutting Residential Areas: An opaque screen, as defined in Section VI -C- 9-d below, shall be installed along all site boundaries where the premises abut Residential Planning Areas or residential development. Except as otherwise provided, the screening shall have a total height of not less than six (6) feet nor more than seven (7) feet. b. Streets and intersections: Screening along all streets shall be a minimum of thirty-six (36) inches and a maximum of forty-two (42) inches in height except within twenty (20) feet of the point of intersection of: 1) A vehicular accessway or driveway and a street. 2) A vehicular accessway or driveway and a sidewalk. 3) Two or more vehicular accessways, driveways or streets. C. Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary tine, is higher or lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements of this section. ARPC Progmm d --h 7WR {YY z d. An opaque screen as referred to in Section VI- C -9 -a. -b. and -c above. shall consist of one or any combination of the following types: 1) Walls, including retaining walls: A wall shall consist of concrete, stone. brick, tile or similar type of solid masonry material a minimum of six (6) inches thick. 2) Berms: A berm shall be constructed of earthen materials and shall be landscaped. 3) Solid Fences: A solid fence shall be constructed of wood or other materials a minimum nominal thickness of one (1) inch and shall form an opaque screen. 4) Landscaping: Vegetation, consisting of evergreen trees. shrubs and groundcover. e. Mechanical equipment placed on any roof such as. but not limited to. air conditioning, heating, ventilating ducts and exhausts, shall be screened from view from any abutting street or highway and any abutting area where residential uses are permitted. f. Service station uses shall be designed such that operations are shielded from public view from highways by orienting pump stations and service bays away from public view from highways and by using landscape berms. 10. Landscaping consisting of evergreen trees, shrubs and groundcover shall be installed and maintained subject to the following standards: a. Boundary landscaping is required for an average depth of fifteen (15) feet with a minimum of ten (10) feet along all property lines abutting streets. residential developments and Residential planning Areas except for the area NRPC Program required for street openings. The landscape setback at San Joaquin Hills Road shall comply with the Scenic Highway Implementation Plan. b. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least four (4) inches higher than the adjacent vehicular area or in some other manner be protected from vehicular damage. C. Permanent automatic irrigation facilities shall be provided for all landscaped areas. d. All landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing weeding, removing litter. fertilizing, replacing plants when necessary and regular watering of all plantings. 11. Storage: No portion of a service station site will be utilized for automobile storage other than for temporary parking of an automobile being serviced or for the temporary use of employees during working hours. 12. Alternative Uses: Service station sites and structures may be converted to alternative uses only upon Planning Commission approval of a Site Development Permit or an amended Use Permit, per Chapter X (Permit Regulations and Procedures). 13. New Use Permit after 12 -month closure: Service stations which are closed for more than twelve (12) consecutive months, shall be required to obtain approval of a new Use Permit per Chapter X. Permit Regulations and Procedures, prior to County issuance of a new Certificate of Use and Occupancy. NRPC Program CHAPTER VII COMMUNITY FACILITY USE REGULATIONS /DEVELOPMENT STANDARDS A. PURPOSE AND INTENT These regulations provide review procedures and site development standards for those supporting and service land uses and facilities which are appropriate and /or customarily established within a community, but which must be evaluated and monitored to ensure compatibility with surrounding uses. B. PRINCIPAL USES PERMITTED The following Principal Uses are permitted within any Planning Area of the Newport Ridge Planned Community, except for the Buck Gully Open Space Dedication Area (Planning Areas 17 and 18). 1. Principal Permitted uses requiring a Site Development Permit per Chapter X (Permit Regulations and Procedures): a. Community facilities including, but not limited to the following uses and related or similar uses: 1) Public and private parks (noncommercial). 2) Public and private (noncommercial) recreation centers and facilities including, but not limited to, swimming pools, tennis courts, and clubhouses. 3) Riding, hiking and bicycle trails. 4) Inca- community directional signs. NRPC Program 5) Security and maintenance facilities and structures related directly to the community. b. Model homes and /or sales offices, including signs and mobile coaches, for the first sale of new homes, with signs in connection therewith. C. Public utility buildings, structures, and facilities including, but not limited to, electrical, water, sewage, telephone and telegraph, cable TV, and other similar services, and their storage, distribution, treatment, and /or production facilities. d. Communication equipment buildings such as transmitters, antenna, towers, cable relay stations, satellite, and radar dishes. e. Community service and community service commercial facilities including the following uses and related or similar uses: 1) Fire stations. 2) Police stations. 3) Community information centers. 4) Post offices. 5) Community centers. ti) Civic and cultural facilities. 7) Private (commercial) recreation centers and facilities. including, but not limited to, golf courses, tennis courts, and swimming pools. NRPC Program 2. Principal Permitted Uses requiring a Use Permit per Chapter X (Permit Regulations and Procedures): a. Community service and community service commercial facilities including the following uses and related or similar uses: 1) Places of religious worship. 2) Schools (public and private). 3) Public and private day care centers and nursery schools. 4) Congregate care facilities. b. Any other community facility use found by the Planning Commission to be consistent with this Chapter. A Use Permit may be approved which establishes Alternative Site Development Standards for Community Facilities. C. SITE DEVELOPMENT STANDARDS The following standards shall apply to developments except as otherwise established by an approved Site Development or Use Permit: 1. Building sfte area: Same as the Planning Area in which the use is established. 2. Building height limit: Same as the Planning Area in which the use is established. 3. Building setbacks: Community facilities shall have the same setback requirements as the Planning Area in which such facilities are being established. 4. Oft street parking: Shall be provided in accordance with the requirements of Chapter VilI (Off - Street Parking Regulations). NRPC Progm S. Signs: Shall be permitted in accordance with Chapter IX (Sign Regulations). 6. Trash and storage area: All storage, including cartons, containers, merchandise and trash shall be shielded from view within a building or area enclosed by a masonry wall not less than six (6) feet in height. An overhead enclosure will be required if visible from a residential area. 7. Screening: a. Abutting Residential Planning Area: A screen, as defined in Chapter VII - C-7-e, shall be installed along all site boundaries where the facility abuts residential areas. Except as otherwise provided, the screening shall have a total height of not less than five (5) feet nor more than seven (7) feet. b. Streets and intersections: Screening along all streets shall be a minimum of thirty -six (36) inches and a maximum of forty-two (42) inches in height within twenty (20) feet of the point of intersection of: I ) A vehicular accessway or driveway and a street. 2) A vehicular accessway or driveway and a sidewalk. 3) Two or more vehicular accessways, driveways or streets. C. Parking areas abutting streets and highways: A screen shall be installed along all parking areas abutting a street or highway. Except as otherwise provided, the screening shall have a total height of not less than thirty -six (36) inches and not more than forty -two (42) inches. d. Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such NRPC Program aAnr�l. IaaA \,fi n change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements for this section. e. A screen as referred to in Chapter VII- C -7 -a, -b and -c shall consist of one or any combination of the following rypes: 1) Walls, including retaining walls: A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six (6) inches thick. 2) Berms: A berm shall be constructed of earthen materials and it shall be landscaped. 3) Solid fences: A solid fence shall be constructed of wood or other materials a minimum nominal thickness of two (2) inches and it shall form an opaque screen. 4) Landscaping: Vegetation, consisting of evergreen trees, shrubs, and groundcover. f. Mechanical equipment placed on any roof such as, but not limited to, air conditioning, heating, ventilating ducts and exhausts, shall be screened from view from any abutting street or highway and any abutting area zoned for residential or recreational use. 8. Landscaping consisting of evergreen or deciduous trees, shrubs, and groundcover shall be installed and maintained subject to the following standards: a. Boundary landscaping is required to be consistent with the underlying zoning. NRPC Program A'-h I002 lSlf C b. An additional amount of landscaping, equal to at least five (5) percent of the net area of a project is required, and a minimum of twenty -five (25) percent of such landscaping shall be located in the area devoted to parking. C. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least four (4) inches higher than the adjacent vehicular area or shall in some other manner be protected from vehicular damage. d. Permanent automatic irrigation facilities shall be provided for all landscaped areas. e. All landscaping shall be maintained in a neat, clean, and healthy condition. This shall include pruning, mowing, weeding, removing litter, fertilizing, replacing plants when necessary, and regular watering of all plantings. NRPC Program CHAPTER VIII OFF- STREET PARKING REGULATIONS A. PURPOSE AND INTENT These regulations govern off - street parking of motor vehicles within Newport Ridge Planned Community. These regulations will result in parking facilities of sufficient capacity to manage traffic congestion and provide safe and convenient facilities for motorists and pedestrians. B. GENERAL REQUIREMENTS Except as otherwise specified herein, off -street parking for the Newport Ridge Planted Community shall be in accordance with Orange County Zoning Code Section 7 -9 -145, "Off - Street Parking Regulations ". These regulations are incorporated by reference as a part of this Chapter, with the following additions: I. Location of off - street parking: Required parking spaces and garages shall he located conveniently close to the use or uses they serve. 2. Common area parking: Common area parking may be approved by a Site Development or Use Permit. 3. Joint -use parking: A reduction in the otherwise required number of parking spaces may be allowed per Chapter V1I1-D. ARPC Program e.r.. A loop Nni. i C. STANDARDS FOR INDIVIDUAL PRINCIPAL USES The following standards establish the minimum parking spaces required for individual principal uses: Restaurants Ten (10) parking stalls minimum; or one (1) stall for each 100 square feet of gross floor area up to 4,000 square feet, plus one (1) for each 80 square feet of gross area over 4,000 square feet. 2. Retail and service One (1) parking stall per 200 square feet. commercial stores Parking requirements for mixed -use developments as permitted in the Commercial Village Planning Area are separately addressed in Chapter VIII -D below. D. JOINT -USE OR SHARED PARKING A reduction in the aggregate total of otherwise required parking spaces for principal uses within a mixed -use development may be permitted for either joint -use or shared parking upon the approval of a Detailed Parking Plan by the County Planning Director or by the Planning Commission in conjunction with a Site Development Permit and /or Use Permit. The approval of a parking reduction due to joint -use or shared parking shall be based on the following findings: Such modification shall not have a negative impact on parking for public recreational uses. 2. Permit approval shall be conditional upon recording with the County Recorder, an agreement executed by all parties concerned in the shared parking arrangement. This agreement shall ensure continued availability of the required number of spaces. NRPC Program xfn_N /OOR ����� E. EXCEPTIONS ANDIOR MODIFICATION TO OFF - STREET PARKING REQUIREMENTS The provisions of this Chapter and Orange County Zoning Code Section 7 -9 -145, are intended to meet the off - street parking needs for all uses allowed in the Newport Ridge Planned Community. Where, because of the nature of the use involved or other relevant circumstances, the requirements of this Chapter are considered to be excessive, an exception and/or modification to these provisions and those of Orange County Zoning Code Section 7 -9 -145 may be approved, provided such exception and /or modification is consistent with the purpose and intent of this Chapter: Exceptions and/or modifications to off -street parking requirements set forth in this Chapter and/or Orange County Zoning Code Section 7 -9 -145 shall be permitted subject to the approval of a Use Permit per Chapter X (Permit Regulations and Procedures). NRPC Program M/ "h 100A VIII_1 CHAPTER IX SIGN REGULATIONS A. PURPOSE AND INTENT This Chapter establishes standards for the uniform regulation of signs throughout the Newport Ridge Planned Community. These regulations are intended to produce a consistency in sign design that reinforces the collective image of the Planned Community, while maintaining flexibility for individual identification needs. All signs are to be designed, built, and installed according to the requirements given in this Chapter. This Chapter permits adequate signage and seeks to prevent unnecessary and unsightly signs inconsistent with the purpose and intent of the Planned Community. B. USES PERMITTED Signs, if proposed, shall be included as part of an approved Site Development Permit or Use Permit, or as part of a Sign Program either as part of a permit or as a condition of permit approval. Signs within the NRPC shall conform with Orange County Zoning Code Section 7 -9 -144, "Signs ", except as provided for in the following standards or as otherwise established by an approved Site Development Permit or Use Permit, or a Sign Program as defined in this Chapter: 1. Free - standing (monument) signs: a. In addition to the requirements of Chapter X, applications for free - standing ground (monument) signs shall be accompanied by scale drawings indicating the size, sign copy, colors, method and intensity of illumination, height, sign area and general location of all signs on the building site. One (1) identification free- standing ground sign may be permitted as accessory to a main use for each building site with a street frontage in excess of NRPC Program Ad-A 1000 ly ninety-nine (99) feet. Where the building site abuts more than one (1) street, one (1) additional such identification sign is permitted on each additional street frontage that is in excess of ninety-nine (99) feet in length. In no case shall more than one (1) such sign on each street frontage for each building site be permitted. Such signs may identify anchor tenants within the Commercial Village or a neighborhood center. based upon the approved Site Development/Use Permit or Sign Program. b. Temporary signs advertising the sale, lease or rental of the property upon which the sign is located. Such signs shall not exceed a vertical height of twelve (12) feet, a horizontal length of eight (8) feet. nor a total area of thirty -two (32) square feet. C. Temporary signs denoting the architect, engineer or contractor placed on the premises where constmetion, repair or renovation is in progress. Such signs shall not exceed a vertical height of nine (9) feet. a horizontal length of six (6) feet. nor a total area of twenty-four (24) square feet. d. Signs or bulletin boards customarily incidental to places of religious worship, libraries, museums, social clubs or societies and other public or non -public institutions. Such signs shall not be erected in the public safety area nor exceed a total area of twenty-four (24) square feet. e. Temporary signs advising of future construction on the site upon which the sign is located. Such signs shall not exceed a vertical height of twelve (12) feet. a horizontal length of eight (8) feet, nor a total area of twenty- four (24) square feet. f. Planned Community directional signs. Such signs shall not exceed a vertical height of twelve (12) feet and may identify the Commercial Village. NRPC Program g. Planned Community reassurance signs. Such signs shall not exceed a vertical height of ten (10) feet and a horizontal length of four and one -half (4 h) feet and may identify the Commercial Village. It. Temporary on -site and off -site signs in connection with model homes and/or model home sales offices and temporary sales offices established for the first sale of lots, including commercial coaches as indicated on an approved Site Development Permit as follows: 1) In addition to the requirements of Chapter X, applications for such signs shall be accompanied by scale drawings indicating the type, size, sign copy, colors, height, sign area and location of all signs proposed. 2) Such signs shall not exceed a vertical height of twelve (12) feet, a horizontal length of eight (8) feet, nor a total area of one hundred (100) square feet. 3) A method and procedure guaranteeing the continued maintenance of such signs and their removal upon expiration or revocation of the sign permit shall be required as a condition of approval of a Site Development or Use Permit in connection with temporary on- and off -site signs. i. Community facility identification signs. 1) In addition to the requirements of Chapter X, applications for such signs shall be accompanied by scale drawings indicating the type, size, sign copy, colors, method and intensity of illumination (if appropriate), height, sign area, and location. 2) Such signs shall not exceed a vertical height of twelve (12) feet, nor a total area of one hundred (100) square feet. NRPC Program j. Community identification signs. 1) In addition to the requirements of Chapter X. applications for such signs shall be accompanied by scale drawings indicating the type. size. sign copy, colors, method and intensity of illumination (if appropriate), height, sign area. and location. 2) Such signs shall not exceed a height of twelve (12) feet. nor a total area of one hundred (100) square feet, except that at entrances to the Planned Community, freestanding architectural identification monuments identifying potentially The Newport Coast as well as The Newport Ridge Planned Community shall not exceed a height of thirty-five (35) feet. Such community identification monuments shall have an area/footprint not to exceed fifteen (15) feet in depth and forty (40) feet in width, as approved by the Site Developmenc/Use Permit. or Sign Program. k. Community event bulletin boards. Such signs shall not exceed a vertical height of twelve (12) feet. nor a total area of one hundred (100) square feet. I. Intra - community directional signs. Such signs shall not exceed a vertical height of twelve (12) feet, nor a maximum area of one hundred (100) square feet. 2. Wall signs: Business or identification wall signs shall be permitted for each business or nonresidential use and shall not exceed one (1) square foot of sign area for each linear foot of frontage of the building or portion thereof. The total aggregate sign area for such signs shall not exceed one hundred (100) square feet for each such use. If the building frontage of any such use is less than twenty-five (25) feet, only NRPC Program 4e,.11A rnnn ry , one sign, having a maximum area of twenty-five (25) square feet. shall be permitted for each such use. 3. Automobile service station signs: Signs for automobile service station sites are permitted subject to the following limitations or as indicated on an approved Use Permit. The total area of all signs shall not exceed an aggregate of two hundred (200) square feet on the premises. Notwithstanding the provisions of Chapter IX, only the following signs are permitted: a. One (1) ground sign, not to exceed six (6) feet in height and thirty-five (35) square feet in area, may be located along each street frontage abutting the site. b. Two (2) free- standing, permanently affixed, price signs not to exceed four (4) square feet in area each, provided that on corner sites such signs may be located no closer than one hundred (100) feet from the point of intersection of the abutting streets. C. The maximum size of any sign shall not exceed one hundred (100) square feet in area. d. Any additional signs shall be placed on or affixed to a structure. Advertising devices and advertising displays are prohibited on any service station site. 4. Mall signs: Signs located within malls, courts, arcades, or other enclosed areas where such signs are not visible from any point on the boundary of the premises, are permitted without limitation to size and number if otherwise consistent with this chapter. NRPC Program 5. Sign Programs: A Sign Program for the entire NRPC, the Commercial Village, and /or other Planning Areas requiring a Site Development Permit or Use Permit per Chapter X. may be approved either as a separate Conceptual Site Development Permit or as part of a land use development permit, or may be subsequently submitted to the County Planning Director for review and approval as a condition of permit approval. a. A Sign Program is intended to encourage innovation and latitude in order to achieve variety and an appropriate design. A Sign Program shall comprehensively cover an area within the Planned Community, and may. be approved which establishes Alternative Development Standards. b. A Sign Program shall be processed and approved in the same manner as a Site Development Permit or Use Permit as set forth in Chapter X. C. In addition to the requirements of Chapter X, the application for a Sign Program shall be accompanied by the following documents: 1) Coverage area: A map, drawn to scale, delineating the site proposed to be included within the Sign Program. 2) Building elevations: Drawings and/or sketches indicating the exterior surface details of all structures on the site. 3) Signage: Drawings of a uniform scale shall be used to indicate the sign copy size, method and intensity of illumination, height, sign area, and general location of all signs. NRPC Program .1-.. '.1 C. PROHIBITED USES 1. Signs which incorporate any manner of mechanical movement, audible elements, flashing or intermittent lighting, or moving or otherwise animated forms. 2. Signs which project above a parapet or roof line, or signs which are located upon or affixed to the roof of a building. 3. Off - premises signs (except for approved directional signs and free - standing monument(ground signs), including signs or graphics applied to parked vehicles for nearby vendor identification. 4. Signs or graphics, except for addresses, printed directly on the exterior of a building or a temporary construction structure. 5. Landscaping that becomes a sign or message. 6. Graphics printed on or adhered to trash bins or their enclosures. 7. Advertising signs on bus benches. 8. Free - standing signs, except as may be provided for in this Chapter or an approved Sign Program. NRPC Program AI --- A I.. fV l D. GENERAL REQUIREMENTS No free - standing sign or structure shall be permitted closer than five (5) feet of the ultimate street or highway right -of -way line. 2. All illuminated signs or lighting devices shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving lighting or lights. In no event shall an illuminated sign or lighting device be placed or so directed as to permit the beams and illumination to be directed or beamed upon a public street, highway, sidewalk or adjacent premises to cause glare or reflection that may constitute a traffic hazard or nuisance. 3. Intra- community directional signs may be placed in the street or highway right -of- way, subject to approval of a Sign Program by the County Planning Director or upon his referral, by the Planning Commission. 4. Signs shall not constitute a traffic hazard. No person shall erect, maintain, or cause to be erected or maintained any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of the words "STOP," "LOOK," 'DANGER," or any other words, phrases, symbols, or characters in a manner to interfere with, mislead, or confuse traffic. NRPC Program bfnr,h POOR IV Q CHAPTER X PERMIT REGULATIONS AND PROCEDURES A. PURPOSE AND INTENT Site Development Permits and Use Permits provide community and governmental representatives with an opportunity to review detailed development plans for certain appropriate projects within the Newport Ridge Planned Community, and also provide a method for establishing Alternative (site) Development Standards for these projects. With approval of a Site Development Permit or Use Permit, Alternative Development Standards may be established pursuant to this chapter, which modify the site development standards for residential and non - residential uses, without requiring an amendment to the Newport Ridge Planned Community Program as approved by the County of Orange. B. CONTENT OF APPLICATIONS Applications for Site Development Permits and Use Permits shall be filed with the County Planning Director as provided for in Orange County Zoning Code Section 7 -9- 150.2. "Applications ". C. PROCEDURES Site Development Permits shall be processed per Orange County Zoning Code. Section 7- 9- 150.3(d), "Administrative action ", unless the County Planning Director, determines that the public interest would be better served by a public hearing before the Planting Commission. in such a case, the Site Development Permit shall be processed per Orange County Zoning Code Section 7- 9- 150.3(c), Public hearings. 2. Use Permits shall be processed per Orange County Zoning Code Section 7 -9- 150.3(c). "Public hearings ". NRPC Program 3. If Alternative Development Standards are proposed as part of a proposed Site Development Permit or Use Permit, or if said permit would authorize a principal use not specifically identified as permitted by this PC Program. such Site Development Permit or Use Permit shall always require public hearing before the Planning Commission per Orange County Zoning Code Section 7- 9- 150.3(c). 4. Site Development Permits and Use Permits shall be approved as precise plans for the location of the uses and structures shown on an approved Site Plan. if minor amendments or changes are proposed regarding the location or alteration of any use or structure, a Changed Plan shall be submitted for approval to the County Planning Director pursuant to Orange County Zoning Code, Section 7- 9- 150.3. Applications for Site Development Permits and Use Permits may be processed concurrently with a tentative tract map(s), with one environmental review and document (e.g., EIR). At the discretion of the County Planning Director, minor projects which are accessory to, or an expansion of, an existing approved use may be exempted from the requirement for a Site Development Permit or Use Permit. 6. When a project requiring a Site Development Permit or Use Permit is to be developed in phases, a conceptual Site Plan may be submitted and processed in accordance with the procedures contained in this Chapter. A conceptual Site Plan may contain both specific and general data for the project. However, Building Permits will be issued only for those specific components of the Site Plan which have complied with the requirements for detailed Site Development Permits or Use Permits referenced in Chapter X•B. An amendment to a conceptual Site Plan may be necessary in order to provide the detailed information required by Chapter X -B for subsequent phases of the project. When a Site Development Permit or Use Permit Application proposes to establish Alternative Development Standards, the Application shall provide, through the submittal of graphics and /or text, a description of the proposed Alternative Development Standards and how they differ from the baseline standards. In NRPC Program Al—L Irmo v -, addition, the Planning Commission shall consider the following criteria prior to final action on the Site Development Permit or Use Permit. a. General Character: Harmony in scale. bulk, coverage and density with surrounding land uses. b. Facilities: The availability of infrastructure facilities to serve the project. C. Harmful Effects: The harmful effects, if any, upon desirable neighborhood environments. d. Traffic: The generation of traffic and its effect on the capacity and character of surrounding streets. e. Noise: The existing and predictable future level and quality of noise the property is subject to, and the noise which would be generated by the proposed use. f. Suitability: The physical suitability of the site for the proposed project. 8. When a Sire Development Permit or Use Permit Application proposes to establish Alternative Development Standards, the burden of proof shall be on the project proponent to show how the project will result in an equivalent or better project in terms of minimizing adverse impacts or enhancing public benefits to the immediate and surrounding community. If the Planning Commission does not find that the Alternative Development Standards meet this criteria, the proposed Alternative Development Standards shall be denied and the permit application shall be revised accordingly. 9. The appropriate County agencies shall ensure that the actual development is consistent with the approved Site Development Permit or Use Permit. Minor deviations from the approved Site Development Permit or Use Permit, as NRPC Prog� a,—" mno v determined by the County Planning Director, may be permitted as a Changed Plan without an amendment to the Site Development Permit or Use Permit. 10. Where so specified in Use Regulations for the Commercial Village or a Residential Planning Area, Campanili shall be permitted subject to Planning Commission approval of a Use Permit per Orange County Zoning Code Section 7 -9 -150 (c), "Public hearings" and shall not be subject to the respective building height limit of the Planning Area, but shall be evaluated by the Planning Commission using the following design guidelines: a. A campanile shall be designed as a Mediterranean architectural accent element; a campanile is not intended to function as an occupiable building or as primary occupiable square footage for a building. b. The permitted height of a campanile shall be based upon historic Mediterranean proportions of height to its base and adjoining building heights. in no case shall a campanile exceed twice the otherwise permitted building- height limit within a Residential Planning Area, or one and one- half the otherwise permitted building - height limit for the Commercial Village. C. The number of campanili within the Newport Ridge Planned Community shall not exceed four (4). d. Campanile design shall have a simple geometrical plan (e.g. square, circular, octagonal, hexagonal, etc.). e. The architectural finish of a campanile should be concrete, plaster, brick, marble, or stone — and both finish and color shall be compatible with adjacent building architecture. f. Campanile roof forms shall be either shallow or steep hip -type, polygonal steeple, pyramidal, or flat depending upon the historical precedent. NRPC Program AA.,..F 7002 Y_d _. _.. g. Location of a campanile shall be based upon topographic and site planning considerations, and may be either attached or freestanding as approved by the Planning Commission. A campanile shall be set back from the Public Open Space Dedication Area within Buck Gully a minimum distance equal to 20o percent of its height. h. Each Use Permit application for a proposed campanile shall be accompanied by a visual analysis in a format as determined by the County Planning Director. NRPC Program Ad-h 1002 v CHAPTER XI DEVELOPMENT MAP AND STATISTICAL TABLE REGULATIONS AND PROCEDURES A. PURPOSE AND INTENT This Chapter provides regulations and procedures for progressive amendments to the Planned Community Development Map and the Planned Community Statistical Table, which are anticipated with more detailed site planning and engineering of individual Planning Areas and land use projects. Procedures for the adoption and future amendment(s) to this NRPC Program are set forth in Orange County Zoning Code Section 7 -9- 103.9, "Adoption and amendment procedures ", and incorporated into this PC Program as follows: Adoption — A PC Program is initially processed and adopted per Section 7 -9 -155, except that the PC Development Map and Statistical Table are adopted by resolution of the Board of Supervisors while the PC Text, Zoning Map, and Statistical Summary are adopted by County Ordinance. Amendment — After the PC Development Map and Statistical Table have been adopted by the Board of Supervisors, it may be amended by the Planning Commission per Section 7 -9 -150.3 (c), "Public hearings ". However, if an amendment would change a policy approved by the Board of Supervisors, the Planning Commission shall snake a recommendation and forward the proposed amendment to the Board for final action. B. PLANNED COMMUNITY DEVELOPMENT MAP The Planned Community (PC) Development Map (see Appendix B) covers all the territory included within the Planned Community Zoning Map (See Appendix A). The PC Development Map identifies Planning Areas and corresponding uses, along with other planning information. ARPC Program A./n�nh F00A Yi t C. PLANNED COMMUNITY STATISTICAL TABLE The Planned Community (PC) Statistical Table contains the statistical breakdown for each of the Residential, Commercial Village, and Recreational Planning Areas shown on the Planned Community Development Map. The residential density categories on the PC Statistical Table, together with the nonresidential land use categories, shall coincide with the designations on the PC Zoning Map and the land use categories indicated on the PC Development Map. All Planning Areas which allow for residential uses shall be developed consistent with the maximum number of dwelling units indicated for the Planning Area in the PC Statistical Table. The estimated gross acres and estimated dwelling units shown in the PC Statistical Table shall be revised only in accordance with the requirements contained in this Chapter. No amendment to this PC Development Map and /or PC text shall be required for the purpose of changing the estimated number of dwelling units or the estimated acres assigned to a Planning Area in the PC Statistical Table, provided: The change proposed is consistent with the adopted PC Zoning Map and Statistical Summary . 2. The proposed change does not exceed the maximum number of dwelling units assigned to any Planning Area; and 3. The proposed change does not result in an increase in the maximum number of dwelling units permitted in Newport Ridge Planned Community (2,550 dwelling units). NRPC Program kfnrrh 19QA Yt_'1 D. PROCEDURES FOR REVISIONS TO THE PC DEVELOPMENT MAP AND STATISTICAL TABLE Revisions to the PC Development Map and Statistical Table are permitted in accordance with the following procedures: All revisions to the PC Development Map and Statistical Table shall be consistent with the PC Zoning Map and Statistical Summary contained in Appendix A. Revisions shall be consistent if they meet the requirements of this Chapter. 2. All Planning Area boundary lines and acreages identified on the PC Development Map and Statistical Table are estimates based upon current information and a generalized level of mapping. Refinements to the Planning Area boundaries/acreages are expected to occur with future project design and more detailed mapping and engineering. For this reason, Planning Area boundary lines and acreages shown on the PC Development Map and Statistical Table contained in Appendix B may be refined without amending the body of this PC text, when more accurate information becomes available and is submitted with future Permit Applications and /or Tentative Tract Maps. Any proposed revision to increase estimated dwelling units in one or more Planning Area(s) shall be offset by a corresponding decrease in another Planning Area(s), so that the maximum number of dwelling units shown on the PC Statistical Table does not exceed either the maximum 2,550 dwelling units for the entire Planned Community, or the maximum dwelling units shown on the Statistical Table for each respective Planning Area. 4. Any proposed revision to reallocate the estimated number of dwelling units and /or the estimated gross acres assigned from one Planning Area to another Planning Area by more than ten (10) percent shall be approved by the Planning Commission. Revisions of ten (10) percent or less shall be deemed administrative refinements, and may be approved by the County Planning Director. Any change to the maximum dwelling units allowed in any Planning Area or the maximum square NRPC Program U—h Iaa.Q v[.1 footage within the Commercial Village shall be approved by the Planning Commission. 5. No proposed revision to the PC Development Map shall be approved which would reduce the gross acres proposed for Planning Areas 17 and 18 (Buck Gully Open Space Dedication Area) or other required parks /recreation areas. The proposed Buck Gully Dedication Area, like other Planning Areas, is gross acreage, which includes roads and arterial highways, grading, and permitted improvements. It is not intended that the total 54 acres within PAs 17 and 18 be natural open space. 6. Any proposed revision to the PC Development Map and Statistical Table shall be accompanied by a Site Development Permit application, Use Permit application, and /or Tentative Subdivision Map application. 7. Any proposal to reallocate the estimated number of dwelling units, and /or the estimated gross acreage assigned to land uses from one Planning Area to another Planning Area shall require submittal of the following information: a. The proposed graphic revision to the PC Development Map reflecting the proposed changes to the PC Statistical Table. b. An analysis of the proposed changes with the PC Zoning Map and Statistical Summary. C. A summary of 1) the number of units previously approved on all Tentative and all recorded Final Subdivision Maps, and 2) the number of units under construction or constructed at the time of the proposed PC Statistical Table revision. d. Identification of the ownership of the Planning Areas to be affected by the proposed PC Statistical Table revision. NRPC Program Un—h Fa R Vi n e. Any additional background and/or supporting information which the County Planning Director, deems necessary. Unless otherwise determined by the Planning Commission, Appendix B of this PC Program document shall serve as the location for any future revisions to the Newport Ridge Planned Community Development Map and Statistical Table. as they may be approved by the Orange County Planning Commission. NRPC Program CHAPTER XH The meaning and construction of words, phrases, titles, and terms used in this Planned Community Program shall be the same as provided in Orange County Zoning Code Section 7 -9 -21, except as otherwise provided in this Chapter. IMPORTANT NOTE: Definitions following a single asterisk ( *) are in addition to or d{(%rent from the definitions contained in the Orange County Zoning Code: those following a double asterisk ( * *) are used in the Newport Coast Planned Community District Regulations, Chapter 12 (Definitions), and apply only to NRPC Planning Areas 13, 14, and 15. * *Bedroom: Any habitable room other than a bathroom, kitchen, dining room, living room, family room or den. * *Building Height: Building height shall be measured per the Orange County Zoning Code, except that Planning Areas 13, 14, and 15 which adjoin The Newport Coast Planned Community shall use the definition of Building Height contained in The Newport Coast PC District Regulations. *Campanile: A vertical architectural element (plural: campanili) historically serving as the bell tower or belfry in Italian hillside communities along the Mediterranean Sea. As the key landmark element of Mediterranean architectural design, the campanile may be attached or detached from the building to which it belongs, and is often articulated near the top of the tower with arched or rectilinear openings, a sloping roof, and additional cupola, tile or other ornamentation. *Commercial Recreation: Facilities and associated accessory uses subject to the site development standards of the Orange County Zoning Code Section 7 -9 -91.5. This includes athletic clubs, golf course clubhouses, tennis clubs, and their ancillary retail sales and /or dining areas. *Community Information Center: A temporary structure principally used as an information pavilion and /or office for the sale of homes in the community and including parking and administrative facilities. NRPC Program *Community Service Facility: A for -profit commercial or nonprofit use established primarily to service the immediate population of the community in which it is located. * *Grade, Finished: The level of the ground surface surrounding a building. *Gross Area: The entire land area within the boundary of a project, measured to the centerline of any abutting arterial highways. *Gross Residential Density; The density of a residential project computed by dividing the total number of dwelling units in the project by the gross area of the project. *Intra- community Directional Sign: A permanent or temporary sign, intended to give directions to any community or project location, including highway and street directionals as well as those within a major project. These include a) signs placed along major roadways leading to individual projects to provide reassurance directions to the public; and b) signs placed along interior streets to provide directions to specific residential neighborhoods, facilities, or amenities. *Joint -Use of Parking: The shared use of off - street parking facilities by more than one type of land use. The same parking spaces are counted to satisfy the off - street parking requirements of more than one land use (e.g., use of the same parking facility to satisfy the off - street parking requirements of a place of religious worship and an office building). * *Residential Duplex: Refers to a residential development where two dwelling units are permitted on one building site. Residential duplex includes planned concept subdivisions and cluster developments, either as conventional subdivisions or planned developments. * *Residential Multiple - Family: Refers to any residential development wherein the minimum number of permitted dwelling units on one building site is three (3) or more. Multifamily residential includes multifamily dwellings, apartments, condominiums and stock cooperative projects. NRPC Program "Residential Single - Family: Refers to any residential development wherein each dwelling unit is situated on a residential lot of record and no lot contains more than one dwelling unit and, where permitted, a caretaker's or employee's quarters. Single- family.residentiai includes attached and detached single - family dwellings, planned concept subdivisions, cluster developments, either as conventional subdivisions or planned developments. NRPC Program CHAPTER XIII Note: The following Legal Description of Tentative Tract No. 13455, originally prepared by Williamson and Schmid, Consulting Civil Engineers and Land Surveyors. noted 89139 (A) and dated 01- 31 -90, text revised 10-31 -90, course data revised I -4-91, sketch revised 4 -9- 90, course data and sketch revised by CDC Engineering 4 -3 -98, is the legal description for the Newport Ridge Planned Community. NRPC Program March 1998 XIII -1 NR- PCP.WPD NEWPORT RIDGE PLANNED COMMUNITY LEGAL DESCRIPTION THAT PORTION OF BLOCKS 91. 97, 98, 128, 129, AND 134 OF IRVINE'S SUBDIVISION IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA; AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "NORTH 130 30'32" WEST 2148.68 FEET" ON RECORD OF SURVEY NO. 88 -1069 FILED IN BOOK 120, PAGES 36 THROUGH 41 OF RECORDS OF SURVEYS IN THE OFFICE OF SAID COUNTY RECORDER FOR A PORTION OF THE BOUNDARY OF THE CITY OF NEWPORT BEACH AS ESTABLISHED BY ANNEXATION NO. 70 IN RESOLUTION NO. 7311 OF THE CITY COUNCIL RECORDED DECEMBER 2, 1970 AS INSTRUMENT NO. 1442 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER, SAID TERMINUS BEING ALSO IN THE EASTERLY PROLONGATION OF THAT CERTAIN COURSE SHOWN AS "NORTH 97034'11" WEST 205.00 FEET" FOR A PORTION OF THE SOUTHERLY LINE OF TRACT NO. 7844 AS SHOWN ON THE MAP RECORDED IN BOOK 314, PAGES 27 THROUGH 38 OF MISCELLANEOUS MAPS IN THE OFFICE OF SAID COUNTY RECORDER. THENCE TRAVERSE THE FOLLOWING COURSES: 1. ALONG THE PROLONGATION OF SAID SOUTHERLY LINE N 870 34' 12" W 422.02 FEET; 2. ALONG SAID SOUTHERLY LINE N 87° 34' 12" W 205.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1940.00 FEET; 3. WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 24' 32 ", AN ARC DISTANCE OF 487.88 FEET; 4. N 730 09' 40" W 1316.69 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2060.00 FEET; 5. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25 ° 59'01 ", AN ARC DISTANCE OF 934.21 FEET TO THE PROLONGATION OF THAT CERTAIN COURSE SHOWN AS "N 9-08'40"W (RAD) 60.00 FEET" FOR A PORTION OF THE EASTERLY LINE OF TRACT NO. 7247 AS SHOWN ON THE MAP RECORDED IN BOOK 278, PAGES 21 THROUGH 25 OF MISCELLANEOUS MAPS IN THE OFFICE OF SAID COUNTY RECORDER; 6. THENCE ALONG SAID PROLONGATION AND SAID EASTERLY LINE S 090 08' 41" E 120.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS N 09 °08'41" W; CONTINUING ALONG SAID EASTERLY LINE THE FOLLOWING COURSES: 7. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 810 54' 20 ", AN ARC DISTANCE OF 35.74 FEET; 8. S 010 03' 01" E 139.26 FEET; 9. S 490 15' 31" E 444.14 FEET; 10. N 070 47' 37" E 223.90 FEET; 11. S 730 59' 30" E 2559.23 FEET; NRPC Program bfarth 1998 602159.000 Page I of 6 01134GL."D 12. N 90 °00'00" E 679.33 FEET TO THE NORTHERLY LINE OF THAT LAND DESCRIBED IN A DOCUMENT TITLED "IRVINE COAST PLANNED COMMUNITY" RECORDED DECEMBER 9, 1987 IN INSTRUMENT 87- 680859 OF OFFICIAL RECORDS OF ORANGE COUNTY; THENCE TRAVERSING ALONG SAID NORTHERLY LINE THE FOLLOWING COURSES: 13. N 630 00' 52" E 190.96 FEET; 14. S 860 27' 36" E 465.31 FEET; 15. N 790 17' 24" E 1036.87 FEET; 16. N 870 09' 28" E 1338.73 FEET; 17. N 760 05' 15" E 328.20 FEET; 18. N 570 17' 39" E 446.57 FEET; 19. N 650 01' 27" E 434.01 FEET; 20. N 860 59' 22" E 553.17 FEET; 21. N 880 54' 33" E 863.22 FEET; 22. S 760 09' 08" E 668.82 FEET; 21 S 780 53'26" E 404.48 FEET; 24. S 880 34' 25" E 1138.24 FEET; 25. S 810 27' 48" E 968.88 FEET; THENCE TRAVERSING ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES: 26. S 890 22' 08" E 2576.65 FEET TO THE INTERSECTION WITH THE SOUTHERLY LINE OF PARCEL 10086 -1. AS SHOWN IN THE OFFER OF DEDICATION, RECORDED MARCH 16, 1993, AS INSTRUMENT NO. 93- 0174937, OF OFFICIAL RECORDS; 27. N 10 009'00" W 105.59 FEET; 28. N55 °08'59" W 309.62 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 3432.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS N 34 051'02" E; 29. WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05 028'49 ", AS ARC DISTANCE OF 328.27 FEET; 30. N 57° 29' 12" W 1 12.46 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 3440.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS N 29 °22'13" E; 31. WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04 032'39 ", AN ARC DISTANCE OF 272.83 FEET; 32. N 670 39' 36" W 73.89 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 3440.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS N 21043'30" E; 33. WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04 °33'45 ", AN ARC DISTANCE OF 273.93 FEET; 34. N 68° 02'43" W 119.25 FEET; 35. N 740 40' 52" W 467.64 FEET; 36. N 790 33'01" W 982.26 FEET, TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 3087.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS S 11 034'18" W; 37. WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 °33'11 ", AND ARC DISTANCE OF 694.50 FEET; NRPC Program March 1998 602159.000 Page 2 of 6 CAIbLGLwro THENCE LEAVING SAID SOUTHERLY LINE 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52, 53. 54. 55. 56. 57. 58. 59. 60. 61 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. S 24' 17' 18" W S 850 55'28" W N 740 53'40" W N 710 42' 54" W N 670 54'06" W N 710 42'55" W N 840 42'47" W S 89° 58' 37" W N 400 27' 47" W S 700 59' 29" W S 730 39' 29" W S 810 29'29" W N83 °00'31 "W N64 °00'31 "W N 540 00'31" W S 84° 19' 29" W S 540 19' 29" W S 700 59' 29" W N 850 00' 31" W 908.38 FEET; 187.61 FEET; 300.27 FEET; 315.34 FEET; 326.08 FEET; 244.92 FEET; 262.45 FEET; 332.85 FEET; 289.17 FEET; 123.00 FEET; 77.00 FEET; 81.00 FEET; 95.00 FEET; 103.00 FEET; 86.00 FEET; 170.00 FEET; 188.00 FEET; 110.00 FEET; 115.00 FEET; N 72° 50' 31" W 136.00 FEET; N 580 50'31"W 71.00 FEET; N 480 30' 31" W 60.00 FEET; N 820 06' 35"W 60.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2940.00 FEET, A RADIAL THROUGH SAID BEGINNING BEARS S 82 006'35" E; NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 30' 25 ", AN ARC DISTANCE OF 179.95 FEET; N 720 35'09" W S 51° 46' 28"W N 72° 45' 08" W N16 °13'32 "W N 650 43' 32" W S 749 16' 28" W N 650 43'32" W N 399 31'41"W N 48° 44' 35" W N 780 41'24"W S 690 48' 36" W S 870 43' 06" W N 680 16' 31" W S 650 13' 29" W N 500 19' 56" W S 670 40'04" W N 500 19' 56" W N 070 54' 47" W N 50° 19' 56" W N 28" 51'20" W N55 °40' 11 "W 177.41 FEET; 135.00 FEET; 77.84 FEET; 170.00 FEET; 130.00 FEET; 48.00 FEET; 80.00 FEET; 69.89 FEET; 758.25 FEET; 40.00 FEET; 190.00 FEET; 130.07 FEET; 85.00 FEET; 92.00 FEET; 256.00 FEET; 130.00 FEET; 30.00 FEET; 170.16 FEET; 60.00 FEET; 559.48 FEET; 496.50 FEET; NRPC Program March 1998 602159.000 Page 3 of 6 CH17•LGL WPo 83. N 240 04' 07' W 40.08 FEET TO THE BEGINNING OF CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 165.00 FEET: 84. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 300 46' 46 "AN ARC DISTANCE OF 88.64 FEET: 85. N 060 42' 39" E 201.85 FEET: 86. N 01 ° 30' 08" E 32.84 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 180 -00 FEET: 87. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 440 44' 15 ". AN ARC DISTANCE OF 140.55 FEET: 88. N 430 14' 07" W 143.41 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 130.00 FEET: 89. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 200 08' 55-AN ARC DISTANCE OF 45.72 FEET; 90. N 230 05' 12" W 260.19 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 270.00 FEET: 91. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 120 49'53-, AN ARC DISTANCE OF 60.47 FEET: 92. N 10° 15' 19" W 280.84 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 240.00 FEET: 93. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 29' 55 ", AN ARC DISTANCE OF 43.98 FEET: 94. N 200 45' 14" W 28.69 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 490.00 FEET: 95. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 260 08' 55 AN ARC DISTANCE OF 223.63 FEET: 96. N 050 23' 41" E 131.08 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 645.00 FEET: 97. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 38' 31 ". AN ARC DISTANCE OF 176.09 FEET: 98. N 100 14'50" W 82.98 FEET: 99. N 06° 32' 18" W 88.43 FEET: 100. N 030 07' 13" E 36.96 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 380.00 FEET: 101. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 230 46' 38 ". AN ARC DISTANCE OF 157.70 FEET; 102. N 260 53' 51" E 97.79 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 100.00 FEET: 103. ALONG SAID CURVE THROUGH A CENTRAL ANGLE 140 07' 27 "AN ARC DISTANCE OF 24.65 FEET: 104. N 120 46' 24" E 215.68 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 190.00 FEET: 105. ALONG SAID CURVE THROUGH A CENTRAL ANGLE 290 59' 18" AN ARC DISTANCE OF 99.45 FEET; 106. N 17° 12' 54" W 161.71 FEET; 107. N 190 20' 06" W 658.65 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 85.00 FEET; 108. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 220 56' 49-AN ARC DISTANCE OF 40.00 FEET: 109. N 04° 01' 16" E 11.06 FEET: 110. N 270 47'46" W 76.57 FEET: IYRPC Program March 1998 602159.000 Page 4 of 6 OI73 -ULWPD 111. N 05° 13' 15" W 90.06 FEET; TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 327.63 FEET; 112. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 190 05' 12 "AN ARC DISTANCE OF 109.14 FEET; 113. N 24 018'27" W 211.22 FEET; 114. N 39 027'13" W 60.61 FEET; 115. N 29 035'09" W 271.06 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 480.50 FEET; 116. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 160 40' 40 "AN ARC DISTANCE OF 139.86 FEET; 117. NON - TANGENT TO SAID CURVE, N 28 042'22" W, 148.04 FEET, TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 200.00 FEET; 118. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22" 04' 38 "AN ARC DISTANCE OF 77.06 FEET; 119. N 06 037'44" W 65.74 FEET; 120. S 83 022'16" W 9.19 FEET; 121. N 06 °37'44" W 10.05 FEET; 122. N 83 022'16" E 9.19 FEET; 123. N 06 °37'44" W 35.03 FEET; 124. N 06 028'50" W 89.81 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVINO A RADIUS OF 264.03 FEET; 125, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27 058'30 "AN ARC DISTANCE OF 128.91 FEET; 126. N 28 020'53" W 29.74 FEET; 127. N 18 047'49" W 80.68 FEET; 128. N 39 048'53" W 44.27 FEET; 129. N 55 025'10" W 121.06 FEET; 130. N 05 °48'21" W 220,55 FEET; 131. N 30 055'07" E 37.54 FEET; 132. N 43 032'39" E 81.42 FEET; 131 S 88 °14'37" W 112.58 FEET; 134. N 68 054'08" W 223.59 FEET; 135. N 81 029'27" W 249.13 FEET; 136. S 86 024'43" W 365.31 FEET; 137. N 50 002'10" W 245.27 FEET; 138. S 75 006'34" W 76.01 FEET; 139. N 29 021'31" W 23.59 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1902.75 FEET, A RADIAL BEARING THROUGH SAID CURVE BEARS N 28 °54'25" W; 140. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 016'44" AN ARC DISTANCE OF 142.10 FEET; 141. S 65 022'19" W 34.51 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1870.07 FEET; 142. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08 001'53" AN ARC DISTANCE OF 262.14 FEET; 143. NON - TANGENT TO SAID CURVE S 31009'45" W 45.90 FEET; 144. S 75 019'53" W 60.00 FEET; 145. N 60 029'58" W 45.90 FEET; 146. S 20 051'04" E 38.53 FEET; 147. S 31 °27'36" E 74.18 FEET; NRPC Program March 1998 602159.000 Page 5 of 6 CPJ3.LGL WPD 148. S 66 059'42" E 77.04 FEET; 149. N 87 003'05" W 79.70 FEET; 150. N 88 014'22" W 57.60 FEET; 151. S 66 051'32" W 354.66 FEET; 152. S 31 058'31" W 51.16 FEET; 153. S 54 036'57" W 17.56 FEET; 154. N 08 002'29" W 61.67 FEET; 155. N 09 032'06" W 118.87 FEET; 156. S 88 020'57" W 96.27 FEET; 157. N 06 046'43" E 48.80 FEET; 158. S 47 022'18" W 243.71 FEET; 159. S 11 059'05" E 321.93 FEET; 160. S 34 044'15" E 535.70 FEET; 161. S 08 033'28" E 773.60 FEET; 162. S 390 54' 23" E 397.56 FEET; 163. S 10" 04' 52" E 719.06 FEET; 164. N 460 54'09" E 164.42 FEET; 165. N 540 10' 37" E 74.00 FEET; 166. N 28° 48'52" E 140.12 FEET; 167. N 820 42' 50" E 340.72 FEET; 168. S 07" 17' 10" E 85.38 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 100.00 FEET; 169. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81" 17' 01 "AN ARC DISTANCE OF 141.87 FEET; 170. S 88" 34' 11" E 289.10 FEET; 171. S 070 26' 15" E 820.26 FEET; 172. S 320 34' 48" E 1465.88 FEET; 173. S 12° 50' 53" E 680.00 FEET; 174. S 690 42' 41" W 27027 FEET; 175. S 860 11'29" W 222.77 FEET; 176. N 230 38'49" W 437.65 FEET; 177. S 770 09'07" W 40.00 FEET; 178. S 46° 16' 43" W 309.17 FEET; 179. S 12° 12' 46" W 1024.86 FEET; 180. S 13° 30' 32" E 2148.68 FEET TO THE POINT OF BEGINNING. SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. ROBERT OZIBKO L.S. 4666 CDC ENGINEERING NRPC Program March 1998 602159.000 Page 6 of 6 0113 GGWrD NORTHERLY ENE OF INST. N0. 88- 272903, AND MST. NQ 87 -681 VVUTDTT "D" V EV 12/19/97 0: \JOB \1994 \94599 \MAPPING \EXMB3.DWG z �+ ;- a1 Yl LU Lill { �rF gat.. ,, iy'f • . . n, W� Z O� C7 S�u7 r 0 z ul 0 w -i t-u n-, rcl) \\ � ��� / \ Lip P" z LLJ z (01 u0 : It z LLJ z (01 u0 APPENDIX A PLANNED COMMUNITY ZONING MAP AND STATISTICAL SUMMARY D!ti ! 1 � z j w Z w �• i NEN MT I ` C 9S7 \l I I' QQ ax af?s WF fr t o. €a € g 6 E_s WL 0§ z z }0W Ca z U w a g a ji • APPENDIX B PLANNED COMMUNITY DEVELOPMENT MAP AND STATISTICAL TABLE QQY aQa z f�f Fa 'Q s o = LU SW - Tlx:. .', �•�� %� � :;.: �i 9,4 bb a:� 1 W o,z aW OO �J� Sol T � z U :kO WV (0@ aI �a y 8� • s 3 ,r• a � - wtF �g wF W {S� + •`' oil LU J 1 fPl Q Q® A is: ar rf" i { i I Wg CL witO zw ULL 0 z a "A "STREET /LOCAL tlipll I I rL "B "STREETILOCAL _ Ilt10t! I LY�S(JR LDr LyyNCL1! LOT RO.N. D "C" STREET /LOCAL ql l 1 Exhibit C -3 STREET SECTIONS ldft NEWPORT FUDGE PLANNED COMMLMIFTY M* IRVM COMPANY NOT TO SCALE LE YFORM N 'y r k �A� IM+CMJRE[1� R0.. 'V a E'STREETSi CUL -DE -SAC P1I.I:I I LL E r 'F' STREETI COMMERCIAL COLLECTOR 4Lwi I I �E9OEMI�t COYY[IIC4l +u.ce i 4ow V� —� r7 NEWPORT COAST DRIVE Exhibit C -4 STREET SECTIONS NEWPORT RIDGE PLANNED COMMUNfTT THE IRvm a)mmW NOT O ■���a,♦ Y+ww nx A; 1 4 J R64.DG++r�+- /Sb'T1Y I AMLRK vrarriraMf^ �- EtP�wgic aS�iG.TdO Iwrsa.e I �.+6. o� r.+�•vfo Mo sE•pww � .. i vEaan.rwv I J�aisirvrr� 1 covvavriawai R.B+. i•m /iunav zcn.ri 1 O+�rw�s. y9G.r11 ( I Exhibit C -5 FUEL MODIFICATION SECTIONS Aft NEWPORT RIDGE PLANNED COMMUJCIY IM FAIMCOMRWY NOT TO �1 uwa +w� The northern side of Newport Ridge Drive West, which skirts the outside of the County's Coyote Canyon Landfill, will accommodate a meandering trail within a 25- foot -deep landscaped area. Project -level Landscape Plans shall be prepared for each development project consistent with these Exhibits and shall be submitted for approval with applications for Site Development Permits, Use Permits, and/or Tentative Tract Maps. C. CONCEPTUAL FUEL MODIFICATION COMPONENT Development planning areas of the NRPC adjoin natural open space areas of Buck Gully and Coyote Canyon in several locations as illustrated on Exhibit C -1. In these areas it will be necessary to provide fuel modification to protect development from wildland fire hazards. In general, fuel modification areas are required between combustible structures and large contiguous areas of chaparral and coastal sage scrub vegetation. Such fuel modification may utilize native and naturalized plant materials to provide a visually gradual transition from residential edges to natural open space areas. A combination of fuel modification methods may be used within the NRPC, including Conventional Fuel Modification and Expanded Wet Zones. Conceptual cross - sections for fuel modification areas are shown on Exhibit C -5. These techniques will be implemented within a zone approximately 150 feet in depth, plus a minimum 20-foot -deep setback for combustible structures. The methods are described as follows: (the specific dimensions will be determined by the Orange County Fire Authority during review of Project -level Fuel Modification Plans). 1. Conventional Fuel Modification Techniques — include removing highly flammable vegetation, thinning combustible but slow burning vegetation, and adding low fuel - volume, fire- resistant vegetation. Irrigation is provided within an area approximately 50 feet from structures. NRPC Program March 1998 C -2 NR -PCP, wPD 2. Expanded Wet Zone Concepts -- consist of providing a new planting zone generally up to 150 feet deep that is irrigated. Species of plant material are selected that resemble and/or complement plants occurring in the natural areas adjacent to proposed development. These plants are fire- resistant. drought tolerant natives or ornamentals, and are irrigated to keep their moisture content high to provide fire resistance. An Expanded Wet Zone can provide a gradual transition from native species of plant material to those that are introduced and extend up to building pads. Trees can be used sparingly to protect views of buildings near slope tops. A preliminary Fuel Modification Plant List for those areas where new plant materials are proposed within or adjacent to the I+IRPC is provided on the following pages. Specific fuel modification plants, including those species not specified on the Fuel Modification Plant, List, shalt be approved by the Orange County Fire Authority as pan of the review of Project -level Fuel Modification Plans. Project -level Fuel Modifications Plans shall be submitted for approval with applications for Site Development Permits, Use Permits, and/or Tentative Subdivision Maps abutting Recreational (i.e., open space) Planning Areas. Formal approval of Final Fuel Modificadon Plans shall be jointly by Orange County Fire Authority and Orange County Planning and Development Services Department. NRPC Program March 1998 C -3 nr ycy. wpd FUEL MODIFICATION PLANT LIST The following plant materials have been selected for their resemblance to plants occurring in the natural areas surrounding the Newport Ridge Planned Community and are proposed for use in Fuel Modification Areas. (Plant materials of similar character may be selected to substitute those listed below, subject to future soil testing and plant availability.) Trees: Arbutus unedo Eucalyptus citriodora Eucalyptus cladocalyx Heteromeles arbutifolia Quercus ilex Quercus suber Shrubs: Baccharis pilularis Carissa grandiflora Ceanothusspp, Cistus spp. Coprosma kirkh Myoporum debile Pittosporum ' Wheelerii' Rhamnus califomica Rhus integrifolia Rhus Groundcover and Vines: Atriplex semibaccata Baccharis p. 'Prostrate' Bromus mollis Carpobrotus edulis Iva hayesiana Lotus scoparius Myoporum p. 'Pacifica' Plantago sempervirens Salvia sonomensis Strawberry Tree Lemon - scented Gum Sugar Gum Toyon Holly Oak Cork Oak Coyotebush Natal Plum Ceanothus species Rockrose Coprosma Myoporum Wheeler's Dwarf Coffeeberry Lemonadeberry Sugarbush Australian Saltbush Prostrate Coyote Bush Blando Brome Hottentot Fig Hayes iva Deerweed Prostrate Myoporum Plaintain Creeping Sage NRPC Program March 1998 C-4 w-p p.wpd Hydroseed Mix (Non- irrigated): Atriplex semibaccata Bromus mollis Eschscholzia californica Festuca megalura Lupinus succulentus Lotus scoparius Plantago insularis Plantago sempmirens Stipa lepida Stipa pulchra Australian Saltbush Blando Brome California Poppy Zorro Fescue Arroyo Lupine Deerweed Plaintain Plantain Foothill Stipa Purple Needlegrass NRPC Program March 1998 C -5 �.•p�p.»pe that such a change is appropriate or desirable, OWNER may apply in writing for an amendment to prior Development Approvals or the Development Plan to effectuate such change, which application shall be processed for approval by County. CITY shall expressly permit and authorize modifications of any proposed changes in the existing Development Approvals or Development Plan that are consistent with the Land Use Element designations for the Property unless the proposed modifications would materially (a) reduce open space intended for dedication to the public, (b) alter the cost of providing municipal services to the Property subsequent to annexation, (c) reduce the amount of property tax or other revenue available to the CITY after annexation, or (d) materially increase the density and/or intensity of development allowed in the Project as a whole, resulting in unacceptable intersection impacts outside of the Project that cannot be mitigated pursuant to the CITY's Traffic Phasing Ordinance. If approved in a form to which OWNER has consented in writing, any such change in the Development Approvals or Development Plan shall be incorporated herein as an addendum, and may be further changed from time to time as provided in this Section. Any change in the Development Approvals or Development Plan made in accordance with the procedures required by the Land Use Regulations and with the written consent of the OWNER shall be conclusively deemed to be consistent with this Agreement, without any further need for any amendment to this Agreement or any of its Exhibits. 4.5 Continuation of Irvine Coast Development Agreement. CITY acknowledges and agrees that the Irvine Coast Development Agreement entered into between OWNER and County shall continue to govern the rights and obligations of OWNER and County with respect to the Coastal Zone Area preceding annexation, and following annexation to the maximum extent permitted pursuant to the joint powers agreement or similar arrangement. If for any reason this Agreement is found to be invalid or unenforceable or OWNER's ability to proceed with the Development Plan is impaired or delayed for any reason, then the Coastal Zone Area shall be and remain subject to the terms and protections of the Irvine Coast Development Agreement. 5 FINANCING OF PUBLIC IMPROVEMENTS AFTER ANNEXATION. 5.1 Formation of Financing Districts. If so requested by OWNER, CITY will cooperate in the formation of any special assessment district, community facilities district or alternate financing mechanism ( "CFD ") to pay for the construction, acquisition, and /or maintenance and operation of public and/or quasi- public infrastructure, lighting, landscape, or any other public facilities required as part of the Development Approvals; provided, however, CITY shall have no obligation to authorize or to cause any such CFD to issue debt or sell bonds prior to the completion of the annexation of the Property to CITY. In the event that such a CFD is formed and sells bonds to pay for the construction or acquisition of public or quasi- public facilities which were provided, in whole or in part, by OWNER, OWNER may be reimbursed from such bonds to the extent that OWNER has spent funds or dedicated land for the establishment of such facilities and creation of the CFD. While it is acknowledged that this Agreement cannot require CITY or the City 12 Council to form any such CFD or to issue and sell bonds, CITY represents that it can, and does hereby, agree that it shall not refuse OWNER's request to form such a CFD and to issue and sell bonds following completion of annexation of the Property to CITY, except for good and reasonable cause. In no event shall CITY have any obligation or duty to refinance, repay, reduce the amount of, or assume any financial relationship to, any bonds or other debt issued by any CFD prior to annexation. 5.2 OWNER's Right to Construct Facilities. It is understood and agreed that, subject to CITY or County review and approval of plans and specifications, as appropriate, the OWNER may elect, and reserves the right, to construct, or cause the construction of, any public or quasi - public facility for which the CITY intends to collect a fee, and to dedicate the completed facility to the CITY, in lieu of payment of the fee. 6 REVIEW FOR COMPLIANCE FOLLOWING ANNEXATION. 6.1 Periodic Review. Following annexation of all or any portion of the Property, the City Council shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by OWNER with the terms of the Agreement. As part of that review, OWNER shall submit an annual monitoring review statement describing its actions in compliance with this Agreement, in a form acceptable to the City Manager, within 30 days after written notice from the City Manager requesting that statement. The statement shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time at CITY's sole cost. OWNER shall cooperate with the CITY in the conduct of such special reviews. 6.3 Procedure. In connection with any periodic or special review, each party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement, to explain the basis for such assertion, and to receive from the other party a justification of its position on such matters. If on the basis of the parties' review of any terms of the Agreement, either party concludes that the other party has not complied in good faith with the terms of the Agreement, then such party may issue a written "Notice of Non - Compliance" specifying the grounds therefor and all facts demonstrating such non - compliance. The party receiving a Notice of Non - Compliance shall have thirty (30) days to respond in writing to said Notice. If the response to the Notice of Non - Compliance has not been received in the offices of the party alleging the default within the prescribed time period, the Notice of Non - Compliance shall be conclusively presumed to be valid. If a Notice of Non - Compliance is contested, the parties shall have up to sixty (60) days to arrive at a mutually acceptable resolution of the 13 matter(s) occasioning the Notice. In the event that the parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the sixty (60) day period, the parry alleging the non - compliance may thereupon pursue the remedies provided in Section 7. 6.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by OWNER, issue a Certificate of Agreement Compliance ( "Certificate ") to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and CITY Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder. Additionally, OWNER may at any time request from the CITY a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been tally satisfied with respect to the Property, or any lot or parcel within the Property. 7 DEFAULT AND REMEDIES. 7.1 Specific Performance Available. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance is a particularly appropriate remedy for the enforcement of this Agreement and should be available to OWNER and CITY because due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER and/or CITY may be foreclosed from other choices it may have had to utilize or condition the Property or portions hereof. OWNER and CITY have invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, such that it would be extremely difficult to determine the sum of money which would adequately compensate OWNER and/or CITY for such efforts. Except as provided in the Section 7.2 below, neither OWNER nor CITY shall be entitled to any money damages, including attorney fees, from the other party by reason of any default under this Agreement. 7.2 Restitution of Improper Development Fees. In the event any Development fees or taxes are imposed on Development of the Property other than those authorized pursuant to this Agreement, OWNER shall be entitled to recover from CITY restitution of all such improperly assessed fees or taxes, together with interest thereon at the maximum allowable non - usurious rate from the date such sums were paid to CITY to the date of restitution 14 7.3 Termination of Agreement. 7.3.1 Termination of Agreement far Default of OWNER. CITY in its discretion may terminate this Agreement as to any non - annexed portions of the Property for any failure of OWNER to perform any material duty or obligation of OWNER hereunder or to comply in good faith with the terms of this Agreement related to its annexation (hereinafter referred to as "default'); provided, however, CITY may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 6.3 and thereafter providing written notice to OWNER of the default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 30 days after the effective date of such notice or, in the event that such default cannot be cured within such 30 day period, the failure of CITY to commence to cure such default within such 30 day period and to diligently proceed to complete such actions and to cure such default. 7.3.2 Termination of Agreement for Default of CITY. OWNER in its discretion may terminate this Agreement by written notice to CITY after the default by CITY in the performance of a material term of this Agreement and only after following the procedure set forth in Section 6.3 and thereafter providing written notice by OWNER thereof to CITY and, where the default can be cured, the failure of CITY to cure such default within 30 days after the effective date of such notice or, in the event that such default cannot be cured within such 30 day period, the failure of CITY to commence to cure such default within such 30 day period and to diligently proceed to complete such actions and to cure such default. 7.3.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement which has occurred prior to said termination, or (iii) obligations that have vested through the annexation of the Property, or any annexed portion thereof. 7.4 OWNER's Right To Terminate Upon Specified Events. Notwithstanding any other provisions of this Agreement to the contrary, OWNER retains the right to terminate this Agreement (but not the provisions of Section 3) upon thirty (30) days written notice to CITY in the event that OWNER reasonably determines that continued Development of the Project consistent with the Development Plan has become economically infeasible due to changed market conditions, increased Development costs, burdens imposed as conditions to future discretionary approvals of the Project consistent with this Agreement, or similar factors. 15 S THIRD PARTY LITIGATION. CITY shall promptly notify OWNER of any claim, action or proceeding filed and served against CITY to challenge, set aside, void, annul, limit or restrict the approval and continued implementation and enforcement of this Agreement. CITY and OWNER agree to cooperate in the defense of such action(s). 9 MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER's obligations under this Agreement. (c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER's obligations or other affirmative covenants of OWNER 16 hereunder, or to guarantee such performance; except that (i) to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Property acquired by such Mortgagee by foreclosure, deed of trust, or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Plan applicable to the Property or such part thereof so acquired by the Mortgagee. 10 MISCELLANEOUS PROVISIONS. 10.1 Term of Agreement. Following completion of the annexation of the Property, or any portion thereof, to the CITY within the preceding time periods, this Agreement shall continue in full force and effect with respect to such annexed land for a period of fifteen (15) years from the effective date of that annexation. 10.2 Recordation of Agreement. This Agreement shall be recorded with the County Recorder by the City Clerk upon annexation of the Property to CITY within the period required by Section 65868.5 of the Government Code. Similarly, amendments approved by the parties, and any cancellation, shall also be recorded. 10.3 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld. 10.5 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of CITY shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 17 10.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.7 Singular and Plural. As used herein, the singular of any word includes the plural. 10.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.9 Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10 Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement; provided, however, that the fee owners of any non - residential parcels in the annexation area may elect to be covered by this Agreement. 10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 10.13 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.14 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive 1H all provisions of law providing for the filing, removal or change of venue to any other court. 10.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Development of the Project is a private Development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the Development of private property and the owner of such property. 10.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. Subject to Section 3 above, OWNER will cooperate with the CITY in the processing of the annexation of the Project through the Local Agency Formation Commission including advocating the application of the existing AB 8 Master Property Tax Transfer Agreement. OWNER acknowledges the importance of maintaining the fiscal benefits of the Project assuming that the current method of allocating sales tax revenues (i.e., point of sale) is utilized. OWNER will consult with the CITY regarding legislative proposals to adjust this procedure with the goal of supporting CITY efforts to maintain the fiscal benefits of the Project through the legislative process. 10.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.18 Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of both parties specifically approving the amendment and in accordance with the Government Code provisions for the amendment of Development Agreements. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. 10.19 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he /they have the authority to execute this Agreement on behalf of his/their corporation, partnership or business entity and warrants 19 and represents that he /they has/have the authority to bind OWNER to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above. CITY: CITY OF NEWPORT BEACH By Mayor ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney (SEAL) OWNER: THE IRVINE COMPANY By _ Title By _ Title 20 OWNER: IRVINE COMMUNITY DEVELOPMENT COMPANY By Title By Title [ALL SIGNATURES SHALL BE NOTARIZED. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.] 21 TABLE OF CONTENTS SECTION HEADING PAGE 1 DEFINITIONS AND EXHIBITS ............................................................ ............................... 4 1.1 Definitions ................................................................................... ............................... 4 1.1.1 "Agreement .P' ....................................................................... ............................... 4 1.1.2 " CITY ................................................................................. ............................... 4 1.1.3 " County .. ........................................................................................................... 4 1.1.4 "County Development Approvals" ..................................... ............................... 4 1.1.5 " Devel opment" ................................................................... ............................... 4 1.1.6 "Development Approval s" .................................................. ............................... 4 1.1.7 "Development Plan" .......................................................... ............................... 5 1.1.8 "Development Requirement .P' .............................................. ............................... 5 1.1.9 "Effective Date" ............................... 5 ................................................................. 1.1.10 "Land U.se Regulations" .................................................. ............................... 5 1.1.11 "OWNER" ........................................................................ ............................... 6 1.1.12 " Mortgagee" ..................................................................... ............................... 6 1.1.13 "Project" .......................................................................... ............................... 6 1.1.14 " Property .......................................................................... ............................... 6 1.1.15 "Reservation of Authority ................................................. ............................... 6 1.1.16 "Subsequent Development Approvals" ............................ ............................... 6 1.1.17 "Subsequent Land Use Regulations" ............................... ............................... 6 1.1.18 " Term" .............................................................................. ............................... 6 1.2 Exhibits ....................................................................................... ............................... 6 2 GENERAL PROVISIONS ...................................................................... ............................... 7 2.1 Binding Effect of Agreement .................................................... ............................... 7 2.2 Ownership of Property .............................................................. ............................... 7 2.3 Assignment By OWNER ........................................................... ............................... 7 2.3.1 ........................................................................ ............................... Right to Assign 2.3.1 ............................................ ............................... Release of Transferring OWNER 2.3.3 Termination of Agreement With Respect to Individual Residential Lots Upon Sale to 2. 3. 4 ............................ ............................... Termination of Agreement With Respect to 3 PRE - ANNEXATION OBLIGATIONS AND COMMITMENTS .......... ............................... 8 3.1 Annexation of Property ............................................................. ............................... 8 3.3 Additional Pre - Annexation Understandings ........................... ............................... 9 3.4 Cooperation ............................................................................... ............................... 10 3.5 Termination of Annexation Proceedings ................................ ............................... 10 4 DEVELOPMENT OF THE PROPERTY UPON ANNEXATION AND ADOPTION OF THE DEVELOPMENT PLAN .................................................................... ............................... 10 4.1 Rights to Develop ...................................................................... ............................... 10 4.2 Effect of Agreement on Land Use Regulations ...................... ............................... 11 4.3 Timing of Development ............................................................ ............................... 11 4.4 Changes and Amendments ....................................................... ............................... 11 5 FINANCING OF PUBLIC IMPROVEMENTS FOLLOWING ANNEXATION ............... 12 5.1 Formation of Financing Districts ............................................ ............................... 12 5.2 OWNER's Right to Construct Facilities ................................. ............................... 12 5.3 Provision of Real Property Interests by CITY ....................... ............................... 13 6 REVIEW FOR COMPLIANCE FOLLOWING ANNEXATION ......... ............................... 13 6.1 Periodic Review ......................................................................... ............................... 13 6.2 Special Review ........................................................................... ............................... 13 6.3 Procedure ..................................................................................... .............................13 6.4 Certificate of Agreement Compliance .................................... ............................... 13 7 DEFAULT AND REMEDIES ............................................................... ............................... 14 7.1 Specific Performance Available ............................................... ............................... 14 7.2 Restitution of Improper Development Fees ........................... ............................... 14 7.3 Termination of Agreement ....................................................... ............................... 14 7.3.1 ................. ............................... Termination of Agreement for Default of OWNER 7.3.2 ...................... ............................... Termination of Agreement for Default of CITY 7.3.3 ..... ............................... .........................Rights and Duties Following Termination 7.4 OWNER's Right To Terminate Upon Specified Events ....... ............................... 15 8 THIRD PARTY LITIGATION .......................................................................... ............................... 15 9 MORTGAGEE PROTECTION ............................................................. ............................... 16 10 MISCELLANEOUS PROVISIONS ...................................................... ............................... 17 10.1 Term of Agreement ...................................................................... ............................... 17 10.2 Recordation of Agreement .......................................................... ............................... 17 10.3 Entire Agreement ......................................................................... ............................... 17 10.4 Severability ................................................................................... ............................... 17 10.5 Interpretation and Governing Law ............................................ ............................... 17 10.6 Section Headings .......................................................................... ............................... 17 10.7 Singular and Plural ..................................................................... ............................... 18 10.8 Time of Essence ............................................................................ ............................... 18 10.9 Waiver ........................................................................................... ............................... 18 10.10 Third Party Beneficiaries .......................................................... ............................... 18 10.11 Force Majeure ............................................................................ ............................... 18 10.12 Mutual Covenants ...................................................................... ............................... 18 10.13 Successors in Interest ................................................................ ............................... 18 10.14 Counterparts .............................................................................. ............................... 19 10.15 Jurisdiction and Venue .............................................................. ............................... 19 10.16 Project as a Private Undertaking ............................................. ............................... 19 10.17 Further Actions and Instruments ............................................. ............................... 19 10.18 Eminent Domain .......................................................................... .............................19 10.19 Amendments in Writing / Cooperation ..................................... ............................... 19 10.20 Authority to Execute .................................................................. ............................... 20 NEWPORT COAST Local coastal Program Second Amendment (P. C. TEXT) December 3, 1996 THE NEWPORT COAST LOCAL COASTAL PROGRAM Second Amendment Approved by the Orange County Planning Commission on May 21, 1996, Resolution No. 96 -04. Approved by the Orange County Board of Supervisors on July 16, 1996, Resolution No. 96 -529. Submitted to the California Coastal Commission on August 6, 1996. Approved by the California Coastal Commission on October I0, 1996. Certified by the Orange County Board of Supervisors on December 3, 1996, Resolution No. 96 -861 and Ordinance No. 096 -3974. Certified by the California Coastal Commission on January 21, 1997. CONTENTS 1. PURPOSE AND INTENT 1 2. AREA DESCRIPTION 3 3. RESOURCE DESCRIPTION 4 4. REGIONAL OPEN SPACE SETTING 8 W41-1. ibY_ :�`i► 1. MAIN ELEMENTS OF THE LAND USE PLAN I -1.1 B. Tourist Commercial C. Golf Courses /Greenbelt D. Residential E. Circulation F. Public Works /Infrastructure 2. COASTAL ACT CONSISTENCY AND OVERALL FINDINGS AND CONCLUSIONS A- Resources Protection Program 1. Open Space Dedication Programs 2. Environmentally Sensitive Habitat Areas 3. Riparian Habitat Creation Program 4. Erosion Control and Urban Runoff 5. Visual Quality a. Views from PCH toward the Ocean b. Views from the Moro Ridge Area of Crystal Cove State Park c. Views Inland from PCH and the Coastal Shelf d. Views from Newport Coast Drive Newport Cmi LCP Se and Amendmem Dmember 7. 1996 1 CONTENTS (Continued) PART 1• LAND USE PLAN (Continued) B. Development Policies 1. Tourist Commercial a. Visitor - Serving Functions b. Location of Visitor- Serving Uses c. A Destination Resort d. Enhancement of Inland Views e. Traffic Benefits Deriving from Visitor- Support Facilities 2. Public Access 3. Residential Uses 4. Circulation 0 3. RESOURCE CONSERVATION AND MANAGEMENT POLICIES I -3.1 A. Dedication Program Requirements and Procedures 1. Wilderness Open Space 2. Special Use Open Space B. Interim Conservation Management Policies C. Recreation /Open Space Management Policies 1. Irvine Coast Wilderness Regional Park 2. Buck Gully, Los Trancos /Muddy Canyons, and Pelican Hill Areas D. Category "A" & "B" ESHA Policies E. Categgry "C" ESHA Policies F. Category "D" ESHA Policies G. Archaeological Policies H. Paleontological Policies I. Erosion Policies I. Sediment Policies K. Runoff Policies L. Grading Policies M. Development /Open Space Edges Policies Neopon Coati LCP Second Amondmcm DecemboT 1. 1996 11 CONTENTS (Continued) 4. -DEVELOPMENT POLICIES I4.1 A. Tourist Commercial Policies B. Golf Course Policies C. Recreation/Public Access Policies 1. Laguna Canyon 2. Planning Areas PA 12G and PA 20C D. Residential Policies E. Transportation/Circulation Policies F. Public Works /infrastructure Policies PART 1 IMPLEMENTING • • t PLANNED COMtNffjMTY DISTRICT REGULATIONS 1. INTRODUCTION II -1.1 2. PURPOSE AND OBJECTIVES II -2.1 3. GENERAL PROVISIONS AND REGULATIONS II -3.1 4. RESIDENTIAL PLANNING AREAS II -4.1 5. TOURIST COMMERCIAL PLANNING AREAS 11 -5.1 6. GOLF COURSE PLANNING AREAS II -6.1 7. RECREATION PLANNING ARES II -7.1 8. CONSERVATION PLANNING AREAS II -8.1 9. OFF - STREET PARKING REGULATIONS II -9.1 10. DISCRETIONARY PERMITS AND PROCEDURES II -10.1 11. DEVELOPMENT MAP AND STATISTICAL TABLE REGULATIONS AND PROCEDURES II -11.1 12. DEFINITIONS II -12.1 13. LEGAL DESCRIPTION II -13.1 Newport Cant LCP Second Amendment Deccmber 3, 1996 111 CODE TITLE PASSE A. Location Map 2 B. Topographic Features 5 C. Visually Significant Lands 9 D. Regional Open Space Concept 11 E. Land Use Summary F. Land Use Plan - First Amendment G. Newport Coast Open Space I -1.5 H. Environmentally Sensitive Habitat Areas I -2.4 I. Wilderness Dedication Area I -3.3 J. Pelican Hill Resort Height Zones I -4.3 K. Planning Area 6 Development Edge Treatment I4.16 L. Newport Coast Drive Alignment I -4.19* M. Newport Coast Drive - Typical Sections I-4.20 N. Pacific Coast Highway - Typical Sections 1-4.21 0. Newport Coast Arterial Roadway Phasing Summary I -4.23 P. Residential Entry Road and Residential Streets - Typical Sections I-4.24 Q. Backbone Water Concept I-4.30 R. Backbone Sewer Concept I-4.31 S. Backbone Drainage Concept 1-4.32 T. Planned Community (PC Statistical Summary) II -1.2 U. Planned Community (PC Zoning Map) II -1.3 V. Sub - Watershed Areas for Master Drainage and Runoff Management Plan II -3.8 W. Planned Community (PC Development Map) II -11.2* X. Planned Community (PC Statistical Table) II -11.3 Y. Appeal Jurisdiction II -12.2 Z. Buildable Envelope II -12.4 Note: * This page provides a facsimile of the plan or map located in pocket at back of document. N,Von CM, LCP Second Amendmem December 3. 1996 iv (Technical Documents Bound under Separate Cover) 1. "California Coastal Commission Findings for LUP Certification ;" November 4, 1981. 2. "Pelican Hill Drainage Habitats;" September, 1986. 3. "Resort Hotel Traffic Study;" December 29, 1986. 4. "Irvine Coastal Area Traffic Analysis;" February 23, 1987. 5. "Local Park Implementation Plan; Irvine Coast Local Coastal Program;" July 1987. 6. "Visual Analysis: The Irvine Coast Proposed Land Use PIan Amendment;" July, 1987. 7. "Scenic Highway Implementation Plan: Pacific Coast Highway Viewscape Corridor;" July 1987. 8. "Potential Ecological Influences of the Irvine Coast Planned Community on the Adjacent Marine Environment;" Richard F. Ford, Ph.D.; May 15, 1987. Newpon Coast LCP Sewnd Amendment December 7. 1996 v FMAWDIOLIJ (Technical Documents Bound under Separate Cover) A. Actions /Agency Reports 1. Orange County Board of Supervisors Hearing — June 18, 1996 a. Minutes b. Agenda Item Transmittal 2. Orange County Board of Supervisors Hearing — July 16, 1996 a. Minutes b. Supplemental Agenda Item Transmittal c. Adopted Resolution No. 96 -529 3. California Coastal Commission Hearing — October 10, 1996 a. Staff Report b. Approval Letter to Orange County EMA — October 23, 1996 c. Certification Letter to Orange County Board of Supervisors 4. Orange County Board of Supervisors Hearing — November 19, 1996 a. Minutes b. Agenda Item Transmittal c. Adopted Resolution No. 96 -861 d. Ordinance No. 96 -3974 e. Ordinance No. 96 -3975 B. Orange County Master Plan of Arterial Highways Amendment No. T95 -1 1. Board of Supervisors Resolution No. 95 -561 2. Environmental Management Agency Report 3. Master Plan of Arterial Highways (MPAH) Amendment Traffic Study (June, 1995) C. School impact Analysis D. Relationship of the Proposed Irvine Coast LCP — Second Amendment to the NCCP Subregional Plan E. Newport Coast LCP — Second Amendment Overview Newpm Coast LCP Seeand Am ndmem Nmemba 19, 1996 V1 1 Resolution of the Board of Supervisors 2 Orange County, California 3 December 3, 1996 4 On Motion of Supervisor Saltarglli duly seconded and 5 carried, the following Resolution was adopted. 6 WHEREAS, on July 16, 1996, this Board approved the Second Amendment to the Irvine (Newport) Coast Local Coastal Program (LCP) and 7 refinements dated July 16, 1996, including the Implementing Actions Program, for purposes of submittal to the California Coastal Commission, 8 pursuant to its Resolution No. 96 -529; and 9 WHEREAS, on October 10, 1996, the California Coastal Commission considered the Second Amendment to the Irvine (Newport) Coast LCP; and 10 WHEREAS, the California Coastal Commission first denied I1 certification of the Second Amendment to the Irvine (Newport) Coast LCP as submitted, and then identified recommended modifications to it which, if 12 made, would result in certification of the modified Second Amendment to the Irvine (Newport) Coast LCP as being consistent with the California Coastal Act; and 13 WHEREAS, this Board has received and considered the modifications 14 recommended by the California Coastal Commission for the Second Amendment to the Irvine (Newport) Coast LCP, and concurs in those modifications; and 15 WHEREAS, consistent with Resolution No. 96 -529 The Irvine Company 16 (Developer) has executed and provided to the County a copy of an agreement to mitigate the impacts of the project on the Laguna Beach Unified School 17 District (LBUSD) substantially consistent with the terms specified in Resolution No. 96 -529 permitting this Board to take final action on the is Second Amendment to the Irvine (Newport) Coast LCP; and 19 WHEREAS, the Developer has consented to the adoption of the Second Amendment to the Irvine (Newport) Coast Local Coastal Program, including 20 Zone Change ZC96 -04, with the modifications recommended by the California Coastal Commission, as a "Future COUNTY Land Use Regulation" governing 21 development of the project pursuant to the terms of paragraph 4.3.1 of the Irvine Coast Development Agreement, recorded in the Official Records of 22 Orange County beginning on page 88- 272903; and 23 WHEREAS, Section 21080.9, Division 13 of the Public Resources Code statutorily exempts the preparation and adoption of a Local Coastal 24 Program and its amendment from California Environmental Quality Act (CEQA) requirements; and 25 WHEREAS, this Board has previously determined that as applied to development within the Irvine (Newport) Coast area, the General Plan makes 26 adequate provision for library, sheriff, fire and paramedic protection, flood control improvements, open space and community parks; and 27 28 Resolution No. 96 -861 December 3, 1996 Attachment 1: Resolution of the Board of Supervisors Newport Coast LCP — second Amendment it tn"\ lcp \2ndantnd \rr"olut \bdra"e2.tln 1 2 WHEREAS, the Planning Commission conducted a duly noticed public hearing on November 5, 1996, to consider a proposed Development Agreement 3 amendment and addendum PA950028 recognizing the Irvine (Newport) Coast LCP - Second Amendment as the operative LCP for this area pursuant to 4 procedures established with respect to development agreements; and 5 WHEREAS, the proposed Development Agreement amendment will not subject the County to any additional liability for monetary damages as a 6 result of any assurance or right contained therein or for any other reason; and 7 NOW, THEREFORE, BE IT RESOLVED, that this Board reaffirms its July 16, 1996, action and grants final approval of the Second Amendment to the 8 Irvine (Newport) Coast Local Coastal Program, dated December 3, 1996, which includes Zone Change ZC96 -04 and the modifications recommended by 9 the California Coastal Commission, and adopts the same in accordance with the declarations and findings contained in Board Resolution No. 96 -529; 10 and 11 NOW, THEREFORE, BE IT FURTHER RESOLVED, that based upon the foregoing recitals, which are incorporated herein as findings of this 12 Board, and the following findings, this Board hereby approves the First Amendment to the Irvine (Newport) Coast Development Agreement to be 13 adopted by ordinance concurrently with this resolution: 14 1. The proposed project is covered by the following documents: Orange County Final EIRs 485 and 486, certified on May 4, 1988 and April 15 20, 1988, respectively; City of Irvine FEIR 14539 -GA, certified by the City on March 28, 1995 and recertified by the Board of Supervisors on July 16 28, 1995; and Orange County Negative Declaration IP95 -100 approved by the Board of Supervisors on July 28, 1995 and the California Coastal 17 Commission's action on October 10, 1996 to certify the Irvine (Newport) Coast Local Coastal Program — Second Amendment and accompanying CEQA 18 determinations pursuant to Public Resources Code Sections 21080.5 and 21080.9. Addendum PA950028, which was prepared for the Irvine (Newport) 19 Coast Development Agreement amendment, incorporates the previously certified and approved CEQA documents for the project. Together, the FEIRs, ND and Addendum serve as adequate CEQA documentation for the 20 proposed project and reflect the independent judgment of the Lead Agency. 21 Their Findings and Facts are hereby re- adopted. 2. The Development Agreement amendment is consistent with the 22 Orange County General Plan and applicable zoning regulations and procedures since it incorporates the provisions of the Irvine Coast Local 23 Coastal Program and Land Use Regulations, all of which were found consistent with the General Plan when adopted. 24 3. The Development Agreement amendment would maintain the 25 existing General Plan, the Irvine (Newport) Coast Planned Community Development Plan and Land Use Regulations, and other selected ordinances, 26 during the build -out of the project, for the duration of the Agreement. Nevertheless, the Development Agreement would ensure that the County's 27 future discretionary authority in reviewing and processing coastal development permits, site development permits and subdivision maps will be 28 maintained. 2. December 3, 1996 Attachment is Resolution of the Board of Supervisors Newport Coast LCP — Second Amendment fin 5 6 8 9 10 11' 12 13 14 W = oi _ 15 0 'i SOW 16 y W u W 18 19 20 21 22 23 24 25 N 26 N N 27 4 I 28l 9 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TQ,THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of Orange County, California AYES: SUPERVISORS DONALD J. SALTARELLI, JAMES W. SILVA, AND ROGER R. STANTON NOES: SUPERVISORS NONE ABSENT: SUPERVISORS WILLIAM G. STEINER STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) i, DARLENE J. BLOOM, Clerk of the Board of_Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by said Board at a regular meeting thereof held on the 3rd day of December, 1996, and passed by a unanimous vote of said Board members present. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3rd day of December, 1996. DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange'County, California 3. I i INTRODUCTION LOCAL AND REGIONAL SETTING 1. PURPOSE AND INTENT The Newport Coast Planned Community is a 9,493 acre parcel of land in the unincorporated territory of the County of Orange. The Planned Community is bordered on the north by the City of Newport Beach, on the east by the City of Irvine and unincorporated areas of the County of Orange, on the south by the City of Laguna Beach, and on the west by the Pacific Ocean. The entire Planned Community is within the Coastal Zone as defined by the California Coastal Act of 1976 except for a relatively small sliver of Buck Gully (Recreation Planning Area I IA) along'the community's northwestern edge. The Newport Coast Planned Community is therefore under the land use planning and regulatory jurisdiction of both the County of Orange and the California Coastal Commission. The California Coastal Act of 1976 is incorporated in the California Public Resources Code. The Coastal Act provides for comprehensive planning of coastal areas. Local jurisdictions are required to prepare a Local Coastal Program (LCP) for those areas of their jurisdiction within the Coastal Zone. The LCP is composed of land use plans, zoning ordinances, and zoning regulations. After local adoption of the LCP and its certification by the Coastal Commission, the administration of the LCP is the responsibility of the local jurisdiction. For purposes of developing and certifying an LCP, the coastal zone under the jurisdiction of the County of Orange is divided into separate geographical planning units. The Newport Coast Planned Community is coterminous with The Newport Coast Planning Unit of the Local Coastal Program of the County of Orange. (See Exhibit A.) Newpon Coast LCP Smond Amendment December 7. 1996 AM Zvi iru,97om CHICA QOMM46M�4 ®M r' � VWF90MIE VNEWPORT COAST PLANNING UNIT BOlLMARY ONE s ��� ^ ` SANTA ANA HEIGHTS NEWPORT DI NFWJF'•?�T LAGUMQ BE&CH SOUTH LAGUNA LAGUNA DI M& -' fPOUM? CAPISTRANO AUSO CREEK PLANMNG UNIT UMM FOREST (HOC x 7000 H OR `°` P ° 6 ° c @ d Agns n dm@M Exhibit A The Newport Coast Local Coastal Program NOT TO —' DSOWW 3. INN The LCP is composed of a Land Use Plan (Part I), and an Implementing Actions Program -- Planned Community District Regulations (Part II). An Appendix to this LCP, containing technical documents identified in the table of contents (see page v) is bound separately. The Irvine Coast LCP Land Use Plan was originally certified by the California Coastal Commission on January 19, 1982; and the LCP First Amendment (Land Use Plan and Implementing Actions Program) was certified on January 14, 1988. The Land Use Plan (LUP) is the general planning and policy component of the LCP. It illustrates the distribution of private and public open space, residential, and commercial uses; identifies the major road network; and sets the overall land use intensity. The Land Use Plan consists of the Land Use Map and summary of the main elements of the Land Use Plan, a description of Coastal Act Consistency in terms of the resources protection program and development policies, and then the Plan's policies in terms of resource conservation and management, and then development. The Implementing Actions Program (IAP) is the implementation program for The Newport Coast LCP and consists of Planned Community (PC) District Regulations, and related provisions, procedures, definitions, and descriptions, including the PC Zoning Map /Statistical Summary; the PC Development Map /Statistical Table, and referenced County of Orange Codes. 2. AREA DESCRIPTION The Newport Coast Planning Unit contains 9,493 acres and is located along the southern coast of Orange County between Newport Beach and Laguna Beach. The Newport Coast generally extends from the Pacific Ocean to the ridge of the San Joaquin Hills. Geographically and topographically, the coastal area of The Irvine Ranch contains five distinct areas: the shoreline, the coastal shelf, gently sloping coastal hills, major canyons, and prominent ridgelines. (See Exhibit B.) Three and one -half miles of meandering shoreline offer a variety of scenic views, recreational opportunities, and marine habitats. The coastline contains both sandy beaches and rocky shores. Newport Coass LCP Second Amendment December 3, 1996 3 Atop the coastal bluffs is a flat shelf extending inland to Pacific Coast Highway. Since most of the shelf between Pacific Coast Highway (PCH) and the ocean is now pan of Crystal Cove State Park, this shelf offers significant coastal access and recreational opportunities. Inland from Pacific Coast Highway, in the northwestern portion of the coastal area, sit the gently sloping hillsides and ridges of Pelican Hill and Wishbone Hill. These ridges and hillsides provide the majority of the developable land area outside the coastal shelf. These ridges and hillsides are divided and defined by three major canyon systems which extend perpendicular to the shoreline. Starting at the west, the canyons are Buck Gully, Los Trancos Canyon, and Muddy Canyon. Farther to the east are Moro and Emerald Canyons. The southeastern portion of the coastal area, inland from Pacific Coast Highway, is dominated by three prominent ridges. No -Name Ridge is located between Muddy and Moro Canyons. Moro Ridge extends inland from Moro Hill and. is bounded by Moro and Emerald Canyons. Finally, Emerald Ridge separates Emerald and Laguna Canyons. 3. RESOURCE DESCRIPTION Veeetation (Flora). The Newport Coast includes a number of distinct habitats. Vegetative types include grassland, scrub, chaparral, riparian, and those plants associated with coastal beaches and cliffs. The coastal sage scrub plant community is well represented on the site. The most extensive vegetative growth in the area is the scrub, chaparral, and scrub - chaparral combination cover types. Fish and Wildlife (Fauna). The diversified habitats of The Newport Coast support a faunal complement abundant in both species and individuals. During all or part of the year it can support a variety of species. These include many wildland species, as well as species associated with urban or agricultural habitats. Neu pan Coast LCP second Amendment December 3, 1996 4 )[siR :��. :, •., may. City of Laguna Beach NATURAL TOPOGRAPHIC FEATURES- 3Q @@nd b=,1unkn-2 1�l do M Exhibit B The Newport Coast Local Coastal Program orb 03.1 LEGEND D PLANNED COMMUNITY BOUNDARY Ecological Interrelationships. Human activities have had a major impact on the vegetation of the area. The Newport Coast is used predominantly for cattle grazing. The coastal bluffs were farmed for a number of years, but now support naturalized weedy plant species. Brush clearing and herbicide spraying of brushlands have been used to artificially expand the grasslands for improved cattle grazing and to prevent the invasion of brush into "pasture" areas. Grazing itself has precipitated changes in vegetative species composition. Evidence of overgrazing (the presence of artichoke thistle and an abundance of cactus) is found in some locations in the area. As with other California grasslands, native perennial grasses have been replaced by introduced (naturalized) annual species. A diversity of wildlife species is supported in the area. The number and diversity of species are enhanced by the presence of ecotones (edges between one habitat type and another) created by the variation in habitats, the small area covered by many of the habitat stands, and the mix of stands. The vegetation and wildlife are continuous with adjacent similar areas. The beach and cliff portion, however, is a separate entity; interaction between inland and coastal flora and fauna is minimal. Wildlife utilizes natural features such as wooded canyons and ridgelines and man-made features such as roads and firebreaks. Water is available year -round for wildlife use in the form of seeps and springs in some canyon bottoms, and stock watering tanks on the ridges. Marine Resources. The 3.5 -mile shoreline of The Newport Coast is a series of coves with sandy beaches, interspersed with areas of rocky shore and headlands. Offshore, the sedimentary bottom is interrupted by jagged, rocky reefs extending from the intertidal zone to depths of 40 to 50 feet. Rocky outcroppings also occur at depths of 60 to 600 feet. The flora and fauna of these areas are highly diversified, particularly the rocky intertidal areas and the offshore kelp bed community. In 1971, The Newport Coast shoreline was designated by the California Department of Fish and Game as The Irvine Coastal Marine Life Refuge. It is the largest marine life refuge in California - - approximately 20,000 feet in length and 600 feet wide (i.e., 600 feet seaward of the "Line of Ordi- nary High Tide "). This area received its refuge status in order to protect and preserve the tide pools from excessive, consumptive public use. The area has been listed as a potential educational reserve Newport Cow LCP Secord Amendment December 3, 096 6 in the California Comprehensive Ocean Area Plan (California Department of Navigation and Ocean Development, 1972). The Irvine Coastal Marine Life Refuge has been designated by the California State Water Resources Control Board as an Area of Special Biological Significance. The rationale for this designation includes the offshore kelp bed and the offshore reefs and pinnacles, which support a rich and diversified flora and fauna. Paleontological Resources. The great bulk of The Newport Coast Planning Unit is underlain by marine sedimentary rocks of Miocene age. These include units of the Vaqueros Formation, the Topanga Formation, the San Onofre Formation, and the Monterey Formation. On a sensitivity scale of 1 to 10 (1 = lowest; 10 = highest), the Miocene rocks are rated from 6 to 8, and are considered to be of high -order paleontological significance. Along the coast on both sides of Pacific Coast Highway, marine terrace deposits of late Pleistocene age are present. These deposits consist of silt, sand, and gravel and have yielded important fossils from a number of localities. These deposits are considered to be of high -order (9) paleontological significance. Archaeological Resources. Nine separate archaeological surveys have been conducted within The Newport Planning Unit. Approximately 74 archaeological sites have been recorded. Historical Resources. Historical resources are defined as items, deposits, structures, and foundations which have either local, State, or national historical significance and are generally older than 50 years. One Historical District has been identified at Crystal Cove within the State Park and for which the Park was named. Placed on the National Register of Historic Places as an Historical District in 1979, Crystal Cove consists of a small coastal resort community of some 44 cottages built during the 1920's and 1930's. Visual Resources. The Newport Coast can be divided into two visual zones: coastal plain and coastal hills. The coastal plain, while relatively small compared to the entire project area, is the most important visual resource because of the proximity and compelling presence of the ocean. Newport Coast LCP Second Amendment December 3, 1996 7 The balance of the area is typical California coastal hills. The most common visual experience is the overlapping and multiple infoldings of canyons and ridges that describe the horizon. The most significant visual resources which can be seen from Pacific Coast Highway are the ocean and landforms identified on Exhibit C. In all situations, the ocean is the dominant visual resource. 4. REGIONAL OPEN SPACE SETTING From a regional perspective, the extensive open space areas of The Newport Coast described in the following Land Use Plan will work in concert with a series of other dedications and land uses to create a regional greenbelt comprising over 18,000 acres of land. In addition to the 7,343 acres of open space and recreation lands within The Newport Coast, the ultimate regional open space system will include the following elements: • Laguna /Laurel Canvons Regional Park Area:' 1,300 acres comprising the Laurel Canyon and the Laguna Canyon ridge will be dedicated by The Irvine Company in conjunction with the development of The Laguna Canyon Village Planned Community. • Laguna Canvon Golf Course:' An 18 -hole golf course will be built immediately adjacent to the Laguna Canyon dedication area. • Svcamore Hills Linkage:' A 370 -acre area has been acquired by the City of Laguna Beach as part of the regional open space system. Approximately 1,400 acres of Laguna Canyon Ridge and adjacent areas, including three natural lakes, have been purchased by the City of Laguna Beach and are being managed by the County of Orange as part of the Laguna Coast Wilderness Regional Park. 2 Sycamore Hills Park is owned by the City of Laguna Beach and is being managed by the County of Orange as part of the Laguna Coast Wilderness Regional Park. N"on Coast LCP Second Amendmem December 3, 19% 8 City Of lO S V rL L' 3 58 H O VA T Laguna Beach as@@ d Q 1 dgmsM Exhibit C The Newport Coast Local Coastal Program a ~� D.e w7. rose LEGEND 0 PLANNED COMMUNITY BOUNDARY MM VISUALLY SIGNIFICANT LANDS ® VIEW FROM COAST HIGHWAY • Aliso/Wood Canyons Regional Park Are :1 5,400 acres have been dedicated by the Aliso Viejo Company and other land owners as part of a land development program. Exhibit D shows how these areas combine to form a continuous, highly diverse open space preserve of regional significance. Crystal Cove State Park and The Irvine Coast Dedication Area should be viewed in the regional context of this system, particularly in terms of their function as the critical link between inland areas and the coast. Aliso/Wood Canyons have been dedicated by the Mission Viejo Company and other landowners as part of the Aliso Viejo development program and are included as part of the County's Laguna Coast Wilderness Regional Park. Newport Coast LCP Second Amendment December 7. 1996 10 CRY OF IRVINE OPEN SPACE AREA LAGUNACANYON RIDGE BUCK GULLY City Of Newport Beach LOS TRANCOS CANYON MUDDY CANYON CRYSTALCOVE STATE PARK City of Laguna IRVINE COAST ,O Beach WILDERNESS REGIONALPARK DEDICATION AREA • C 'C O C f SYCAMORE HILLS COASTALZONE BOUNDARY ,a10 AAP O AUSO /WOOD CANYON RMUNOO HAL OIEN OPACE COO NCEP7= 0@@@)Hd Amandmml Exhibit D The Newport Coast Local Coastal Program ® amorkma.,osa LAND USE PLAN CHAPTER I MAIN ELEMENTS OF THE LAND USE PLAN The Land Use Plan for The Newport Coast LCP consists of maps, policies, and supporting text organized under three subsequent chapter headings: Coastal Act Consistency and Overall Findings and Conclusions, Resource Conservation and Management Policies, and Development Policies. Zoning and subsequent actions by the County must be consistent with the policies contained in the adopted County of Orange General Plan. The Newport Coast Land Use Plan is consistent with the General Plan, and contains some land use descriptions and policies which are more specific and apply exclusively to The Newport Coast. The Land Use Plan for The Newport Coast recognizes the special qualities of the land, and the need for protection of the environment and sensitive utilization of coastal resources. It proposes land uses, open space, and resource protection which, on balance, are the most protective of the environment, the public interest, and private property rights. As such, it meets the intent of Section 30007.5 of the California Coastal Act of 1976. A. OPEN SPACE The centerpiece of the Land Use Plan is open space lands which comprise over 77% of the entire Newport Coast. The Newport Coast will have approximately 4,989 acres of land in recreation use, including Crystal Cove State Park, Buck Gully, Los Trancos and Muddy Canyons, and several smaller parcels. The California Coastal Commission has already approved a separate Public Works Plan for Crystal Cove State Park which is consistent with this Land Use Plan. In addition, 2,000 acres of Conservation land, including the lower portions of Boat and Emerald Canyons, will be dedicated to the County of Orange in a phased program as part of the County's Irvine Coast Wilderness Regional Park, linked to the development of Residential, Golf Course, and Tourist Commercial uses. Newpon Cout LCP Second Amendment ticcernoer 3. 1996 EXHIBIT E SECOND AMENDMENT LAND USE SUMMARY Newport Coast Local Coastal Program LAND USE CATEGORY PLANNING AREAS GROSS ACRESt RESIDENTIAL: Low Density 6, 7A, 7B 130 Medium -Low Density 5,9 201 Medium Density 1B, 2A, 2B, 2C, 3A, 3B, 4A, 4B 1,296 High Density IA, 1C, 8 246 -- SUBTOTAL 1,873 ACRES CON IERCIAL: Tourist Commercial 13A, 1313, 13C, 13D, 13E, 277 13F, 14, 20A SUBTOTAL 277 ACRES OPEN SPACE: Golf Course 10A, 10B 354= Recreation and Parks 11A, 11B, 12A, 12B, 12C, 12D, 4,989 12E, 12F, 12G, 12H, 12I, 12J, 17, 18, 19, 20B, 20C Conservation 21A, 21B, 21C, 21D, 16A, 16B 2,000 SUBTOTAL 7,343 ACRES TOTAL -ALL LAND USES 9,493 ACRES 3 All acreages are approximate and include roads and arterial highways. In addition to the 354 acres in Golf Course Planning Areas PA 10A and PA IOB, the two 18 -hole golf courses and practice facility encompass an additional 74 acres within Tourist Commercial Planning Areas and 27 acres in Residential Planning Area PA 9 for a total of 455 acres devoted to golf course use. Newport Cosa LCP Second,lmcndm -t DK=ber 3. 1996 1 -1.2 City of Newport Beach Perican Point -1A © L0WDe=WFWDElM4LPO ® l�'I 2C LS 1B ICA, % HIGH DQLSRY RESIDf3m& (&rbia) ® GW CCURSE ® TOURIS'rOOMM MML F—m-1 RECREATION 2% CONSFRVATCH HL A o"r .� ^••�, fir; 8 4C 180 1C ' ti 72A ' i �• r' p ♦ '.., ® 11B f ' % ' 10A 13F p ' 1871 1 '' 4A 77 1AB r 1 128 - R 4B 12C opv y Crystal Cove 'CRYSTAL COVEISTATE PARK '. A X17 (,�- 12J 4 12F Reef Point 21B Moro Cove \: Abalone Point r LAND USE PLAN - Second Amendment Newport Coast Local LEGEND © L0WDe=WFWDElM4LPO ® MEDIUM-LoYYDENSfiYRE3lDefrncnm ® MEDUM DOWNRESIDeMAL PZ4-9 ® HIGH DQLSRY RESIDf3m& (&rbia) ® GW CCURSE ® TOURIS'rOOMM MML F—m-1 RECREATION © CONSFRVATCH Program ® LAND USE DEbTGt WN F-1-387 PLANNM AREA NUMBER COASTALZONE BOUNDARY PLANNED OOMMUNnY BOUNDARY PLANNM ARFA BOUNDARY 21A City of Laguna Beach Ddwrber 3. ING Of the 9,493 acres within The Newport Coast, 7,343 acres are to be devoted to open space and recreation uses (see Exhibit G): • State Park (2.807 acres)tVirtually the entire area on the ocean side of Pacific Coast Highway and the watershed of Moro Canyon inland of Pacific Coast Highway form Crystal Cove State Park. This area is now open to public use. (See Exhibit G, Legend Item 1.) r. • Wilderness Open Space Dedication Area (2,666 acres): As land is developed in The Newport , _ Coast, a program of phased dedications will transfer large areas of undeveloped land to the County. These areas will remain in Conservation and Recreation uses. (See Exhibit G, Legend Item 2.) • Special Use Open Space Dedication/Recreation Areas (1,505 acres): Extensive areas of land within the development zone will remain in open space. A total of 1,176 acres, including Buck Gully, Los Trancos and Muddy Canyons, will be dedicated to the County as development proceeds; while 306 acres along the frontal slopes of Pelican Hill and Wishbone Ridge, the recreation areas adjacent to Muddy Canyon will have only limited improvements for Recreation use. (See Exhibit G, Legend Item 3.) The 14 -acre El Morro Elementary School and 9.0 -acre Laguna Beach County Water District sites are existing facilities. • Golf Course (3542 acres ) Two 18 -hole golf courses at Pelican Hill form the centerpiece of the destination resort and provide a greenbelt buffer between overnight/resort accommodations and Pacific Coast Highway. (See Exhibit G, Legend Item 4.) I Sale and dedications of Crystal Cove State Park completed. In addition to the 354 acres in Golf Course Planning Areas 10A and 10B, the two 18 -hole golf courses and practice facility encompass an additional 74 acres within Tourist Commercial Planning Areas and 27 acres in Residential Planning Area 9, for a total of 455 acres devoted to golf course use. Ncw9on Cn3A LCP Second Amendment December 3, 1996 1 -1.4 6 Crysal Core P A C I F I C Reef Point 00EAH OF �Z r. ACC- �....•.� ^. y...% L/ i V :2 rF ' �7 V- G, f J. -j' ,fly Y .., I � • ,., :ice - -- 'ti =,'�:� t .,.4 _ � •e Moro Core �•.� / \• ;. 0$�' �� Aba one Point NEWPORT COAST OPEN SPACE - The Newport Coast Local Coastal Program LEGEND Q CRYSTAL COVE STATE PARK Q DEDICATION AREAS Q OTHER OPEN SPACE ® GOLF COURSE F COASTAL ZONE BOUNDARY PLANNED COMMUNRY BOUNDARY DRAINAGE COURSE !-M Via® Oe0 bW 3.1996 B. TOURIST COMMERCIAL F Consistent with the strong Coastal Act emphasis on visitor - serving recreation, the lower slopes of Pelican Hill will be developed as a major destination resort area. The resort will consist of two 18- hole golf courses, overnight/resort accommodations, and recreational and commercial facilities. The golf course will extend the open space of the State Park inland across Pacific Coast Highway (PCH), creating a continuous greenbelt from Corona del Mar to Los Trancos Canyon. Visitor - serving uses are set back from the highway and are buffered by the golf courses. In addition, two visitor - serving facilities are partially screened from view by intervening landforms. At Pacific Coast Highway and Muddy Canyon, adjacent to the inland portion of the State Park, a hotel and small retail area will provide additional visitor- serving uses at the coast. One small site in Laguna Canyon is intended for a small -scale facility. C. GOLF COURSES /GREENBELT Two 18 -hole golf courses are the focal point for the frontal slopes of Pelican Hill, providing approximately 3541 acres of open space greenbelt adjoining Pacific Coast Highway. The golf courses /greenbelt complement the State Park and extend open space uses into the inland side of PCH, thereby preserving views of the coastal ridges from PCH and Crystal Cove State Park, and views toward the ocean from Newport Coast Drive, D. RESIDENTIAL Residential development will be limited to a maximum of 2,600 dwelling units. Compliance with the County's Housing Element will be demonstrated in a Housing Implementation Plan. Clustering of residential units will preserve open space, reduce grading impacts, and enhance the compatibility of private development with public open space. t In addition to the 354 acres in Golf Course Planning Areas PA l0A and PA 10B, the two I8 -hole golf courses and practice facility encompass an additional 74 acres within Tourist Commercial Planning Areas and 27 acres in Residential Planning Area PA 9, for a total of 455 acres devoted to golf course use. Yc%?on Coau LCP Second Amendment Dcccmber 1, 1996 I -1.6 E. CIRCULATION There is a hierarchy of roadways which will serve The Newport Coast. These include the regional freeway and highway network, subregional arterial highway network, and local collectors. Newport Coast Drive is designated as a major arterial (six lanes) on the County of Orange Master Plan of Arterial Highways, as is Pacific Coast Highway through portions of The Newport Coast Area. Laguna Canyon Road, which exists along the easterly boundary of The Newport Coast Area, is master planned as a primary arterial (four lanes). Outside the coastal zone, the regional network providing access to The Newport Coast includes segments of both the Federal interstate Freeway System as well as the State Highway System. Presently, the only direct access is provided by Pacific Coast Highway' (SR 1). PCH is currently subject to heavy levels of traffic during commuting hours, which is primarily a result of traffic diverting to avoid the congested I -5 and I-405 Freeways. South of The Newport Coast, in the City of Laguna Beach, Pacific Coast Highway connects to inland areas via Laguna Canyon Road/ Laguna Freeway (SR 133). North of The Newport Coast, in the City of Newport Beach, Pacific Coast Highway connects to inland areas via MacArthur Boulevard (SR 73), Jamboree Road, and Newport Boulevard /Costa Mesa Freeway (SR 55). These routes, in turn, provide connection to the San Diego Freeway (I -405) and the Santa Ana Freeway (I -5). Major additions to the regional network includes the extension of the Costa Mesa Freeway and the San Joaquin Hills Transportation Corridor which will provide direct access to the inland edge of The Newport Coast planning areas. F. PUBLIC WORKS /INFRASTRUCTURE The Newport Coast Planning Unit is entirely within the Irvine Ranch Water District (IRWD) except for a limited portion of the dedication area and two small residential areas which are within the Laguna Beach County Water District. The area generally west of Muddy Canyon is within IRWD Improvement District Number 141, while the area generally east of Muddy Canyon is within IRWD Improvement District Number 142. Coastal access is provided by Newport Coast Drive, San Joaquin Hills Road and Pacific Coast Highway. All LCP designated road improvements, including the widening of Pacific Coast Highway have been completed. Newport Coot LCP Second Amendment December 3. 1996 1 -1.7 Sewer service will be provided by a combination of agencies. The area west of Muddy Canyon is within Orange County Sanitation District (OCSD) Number 5. At the time that this area was annexed to OCSD Number 5, IRWD agreed to provide local sewer service and collection, and OCSD Number 5 agreed to provide regional sewage collection, transmission, and treatment. The area east of Muddy Canyon will be served by IRWD through the Aliso Water Management Agency. Newport Coau l.CP Second Amendment Dccember 3, 1996 1-1.8 CHAPTER 2 COASTAL ACT CONSISTENCY AND OVERALL FINDINGS AND CONCLUSIONS Among the primary goals of the Coastal Act are the protection of coastal resources and provision of public access to the coast. The Legislature also recognized that conflicts might occur when carrying out all of the Act's policies. The Legislature, therefore, established a "balancing" test. This test allows the Coastal Commission to approve a plan which, although it may cause some damage to an individual resource, on balance is more protective of the environment as a whole (Public Resources Code Section 30007.5). Public acquisition of large, continuous open space areas is recognized as a superior means to guarantee the preservation of coastal resources such as vegetation, wildlife, and natural landforms, and to create new public access and recreation oppor- tunities rather than preserving small pockets of open space surrounded by development. The Newport Coast Plan strikes a balance in two ways which are consistent with the intent of the Act. First, a substantial portion of the area is designated for preservation in its natural state. Second, policies have been developed to address a wide range of issues in areas of The Newport Coast designated for development and to mitigate potential adverse impacts. (See also "California Coastal Commission Findings for LUP Certification ", November 4, 1981, in Appendix 1.) A. RESOURCES PROTECTION PROGRAM 1. OPEN SPACE DEDICATION PROGRAMS The purpose of the Open Space Dedication Programs is to protect certain specified coastal resources and to offset adverse environmental impacts in residential development areas which will not otherwise be mitigated. Permanent protection and preservation of major canyon water- sheds, visually significant ridgetines, stream courses, archaeological and paleontological sites, riparian vegetation, coastal chaparral and wildlife habitat is provided by dedication to a public agency (the County of Orange or its designee). Environmental impacts to be mitigated by the dedication programs include habitat and archaeological impacts caused by residential development and road improvements on Pelican Hill, habitat impacts on Los Trancos Canyon, Newport Coast LC? Second Amendment ' December 3, 1996 1 -2.1 Buck Gully, and Muddy Canyon caused by the construction of Newport Coast Drive, public view and use impacts caused by residential construction in the Pelican Point area and adjacent to Crystal Cove State Park, and scenic resource impacts caused by golf course and tourist commercial development on the frontal slopes of Pelican Hill and Lower Wishbone. Large -scale master planning and dedication programming for The Newport Coast enables the permanent protection of large, contiguous open space areas rather than the protection of smaller, discontinuous habitat areas that might result from a project -by- project site mitigation approach. A much greater degree of habitat and open space protection can be achieved by dedication programs that assemble large blocks of habitat area contiguous to Crystal Cove State Park than would be possible with project -by- project mitigation measures. (Coastal Commission Appeal No. 326 -80, Broadmoor, Page 18.) While specific mitigation measures are being included for potential impacts within or near the development areas (e.g., erosion control measures), the primary mitigation measure for impacts not avoided is the phased "Wilderness" Open Space Dedication Program. In addition, significant additional habitat protection and development mitigation will be accomplished with the dedication of large areas of Los Trancos Canyon, Buck Gully, and Muddy Canyon through the "Special Use" Open Space Dedication Program. Consistent with Coastal Act Section 30200, most of the more significant Environmentally Sensitive Habitat Areas (ESHA's) are located within, and will be protected by, conservation and recreation land use categories. The Land Use Plan recognizes that the preservation of these particular resources and the Open Space Dedication Programs are more protective of coastal resources than the protection of more isolated and relatively less significant habitat areas within designated residential and commercial development areas. Hence the potential loss of any ESHA's through development is offset by the Open Space Dedication Programs. The potential loss of any ESHA's through the construction of public facilities such as arterial highways is offset by the coastal access benefits derived from these roadways as well as the Open Space Dedication Programs. Newport Coat LCP Second Amendment Dccembc J. 1996 1 -2.2 In accordance with Section 30007.5 of the Coastal Act, the major Open Space Dedication Programs creates the balance which allows the completion of the residential and commercial land uses. 2. ENMONN ENTALLY SENSITIVE HABITAT AREAS For purposes of Section 30107.5 of the Coastal Act, natural drainage courses designated by a dash and three dot symbol on the USGS 7.5- minute series map, Laguna Beach Quadrangle, dated 1965 and photo - revised 1972 (hereafter referred to as "USGS Drainage Courses "), riparian vegetation associated with the aforementioned drainage courses, coastal waters, wetlands, and estuaries are classified as "Environmentally Sensitive Habitat Areas" (ESHA's). The habitat value along the length of individual drainage courses and among different drainage courses is not equal. The habitat value of the coastal waters is different from that for drainage courses. Based on biological studies, (see biological inventory, Appendix H -1, Final EIR 237 and Pelican Hill Drainage Habitat, LCP Appendix Item 2) four categories of ESHA's have been created to differentiate habitat values as shown on Exhibit H. a. ESHA Category A• USGS Drainage Courses with associated riparian vegetation which contain the most significant habitat areas in The Newport Coast are designated as ESHA Category A, are subject to the most protection, and are located entirely within the Recreation and Conservation land use categories. To assure their long -term protection and as a means of providing a unique park setting for future residents of The Newport Coast and of the region, portions of Buck Gully and Los Trancos and Muddy Canyons, will be dedicated to the County of Orange in accordance with policies of this LUP. Public access to these areas will be via linkages with the Newport Coast Drive Trail System, Los Trancos parking Iot, and the Crystal Cove State Park Trail System. Newport Coast LCP Sccond Amendmem December 3. 1996 1-2.3 'i nk++am Beam ..�.� 11A 2D Lr , o t1 18 tat 2B 2A. �r� r C • 1A •l. 1 73D 1C 104 , r 1a is ap4000°o° r� 13C `f ?r'• r� B c� �,dP •t••.,...w' a$ 12E �� 134 198 4A, og '.PMiran Poxi� :• ••17 708 °°o o � r e°` °0 128 OpO `�1x�t�o o'•, Crystsl.0 Crystal Cods °Park ° 8 17 14 Reef POVit'. 12F S•.° �( P A c i F r c deo ............. °ee Moro ccoe . IV ° ... •/ O O E A N • ••�•• Alone point ENVIRONMENTALLY SENSITIVE HABITAT AREAS - Sezcond Amendment The Newport Coast Local Coastal Program LEGEND ®CATWC WA- DPANAGECOURSMARANVEGEranON CATLC#cY B - DRAINAGE COURSE Q CATEGORY c - COASTAL WATERS r ---79 CATEGORY D- DRAINAGE COURSE •• COASTAL ZONE BOUNDARY K WNED COMMUNITY BOUNDARY ftMNlNG AREA BOUNDARY ® RANNING AREA 21C "gg • -... tsag C..• 9 €5 218 121 21A L37ursa deer•.n Exhibit H ="moo oammecr e. 19% Note: Category D ESI-ft have been deleted in areas wAh p%iv-* eppwed Coastal Developnent P=lts as and nNtiOAIad by tha Riparian Habitat Creation Pro9rern. C Nine surface water sources have been identified (refer to EIR 237, Figure 25) in Buck Gully, Los Trancos, Moro, and Emerald Canyons. All nine water sources come from natu- ral seeps, although two of the three sources in Buck Gully are probably augmented by percolating irrigation runoff from adjacent development. Flow from all nine seeps occurs all or most of the year during average rainfall years, although downstream flow may be very limited, These USGS Drainage Courses are the most significant ESHA's in The Newport Coast because they contain all of the following habitat characteristics: 1) standing or flowing water all or a significant part of the year; 2) a definitive stream bottom (i.e„ defined banks with a sandy or rocky bottom); and 3) adjacent riparian vegetation lining the water course. b. ESHA Category B: USGS Drainage Courses which contain water flows only when it rains and support only small amounts of riparian vegetation, are designated as ESHA Category B. These areas have relatively less habitat value and except for the ESHA Category B located within Planning Area 4A are located in Recreation and Conservation land use categories. c. ESHA Category C: The coastal waters along The Newport Coast -- ESHA Category C -- have been designated as both a Marine Life Refuge and an Area of Special Biological Significance. They contain near shore reefs, rocky intertidal areas and kelp beds, and are located primarily within Crystal Cove State Park. The State Department of Parks and Recreation will be responsible for providing protection for tidepools and other marine resources from park users. Protection of water quality is provided by the Runoff Policies. Newport Coast LCP Second Amendment Decem6er3,1996 I -2.5 d. ESIiA Cateaory D: ESHA Category D designates USGS Drainage Courses which are deeply eroded and of i little or no riparian habitat value. They are located in Residential and Commercial land use categories and two specific Recreation sites. Typical vegetation includes elderberry, arroyo, coastal scrub, and annual grassland. These drainage courses are often incised as a result of erosion, resulting in rapid runoff and very steep narrow sideslopes generally incapable of supporting riparian habitat. Development will impact most of these ESHA's. The Open Space Dedication and Riparian Habitat Creation Programs will mitigate development impacts. 3. RIPARIAN FLABITAT CREATION PROGRAM I Golf course and visitor - serving development in PA 10A, PA 10B, PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, and PA 13F will modify drainage courses that are presently degraded. Any habitat impacts resulting from drainage course modifications will be mitigated by the Riparian Habitat Creation Program and the Open Space Dedication Programs. 4. EROSION CONTROL AND URBAN RUNOFF The primary measure for minimizing potential erosion and urban runoff impacts is the permanent preservation in open space of over 77% of The Newport Coast. Additionally, specific development standards assure that, to the extent feasible, unavoidable impacts within the development areas are mitigated. The major objective of the Erosion and Urban Runoff Management Policies for The Newport Coast is to assure that erosion and runoff rates do not significantly exceed natural rates, while at the same time assuring sand replenishment provided within the coastal watershed is maintained (The Newport Coast littoral "cell" is limited and partially dependent on the local watershed for sand replenishment.) Newpon Coast LCP Smocd AmerMmtot Oaember 3. 1996 I -2.6 Marine water quality will be protected by directing runoff to natural drainage courses such as Los Trancos Canyon, Buck Gully, and Muddy Canyon, through the use of landscaped drainages in the golf course (including the new riparian habitat area), and by means of erosion control techniques to slow runoff so that habitat areas are protected from flows significantly in excess of natural rates of flow. Additional control of non -point sources will be implemented if necessary to comply with State, regional and County standards. These measures may include street- sweeping, catch basin cleaning, efficient landscaping practices, and control of chemical applications. 5. VISUAL QUALITY The Coastal Act requires that new development be sited and designed in such a way as to protect views to and along the ocean and scenic coastal areas (Section 30251). The visually significant lands and primary public views in The Newport Coast are depicted on Exhibit C and Appendix Item 6. The policies and land uses of The Newport Coast LUP reviewed below, in association with the State Park purchase and private donations, address "visual quality" in a comprehensive manner and protect views of each of the major landforms depicted on Exhibit C. Additionally, the creation of the golf course greenbelt enhances the visual qualities of the frontal slopes of Pelican Hill by providing year -round greenery and by providing a scenic foreground for the visitor - serving areas. a. Views from PCH toward the Ocean: The original 1976 Irvine Coast LUP had proposed visitor - serving uses on the coastal shelf between PCH and the ocean. In order to accommodate the objectives of the California Department of Parks and Recreation (State Parks) and in response to community concerns, the proposed overnighttresort accommodations were relocated inland to the Pelican Hill area (PA 13A and PA 13B). As a consequence, Crystal Cove State Park now comprises the most extensive area of open coastal shelf, visible from PCH, between Newport Beach and Camp Pendleton. Newpon Coat LCP Second Amendment Deccmber 3. 1996 1 -2.7 Additionally, The Irvine Company is funding and implementing a landscape program under State Parks' direction that will attempt to screen views of the State Park parking lots from PCH while still preserving views of the ocean and enhancing the major entries into Crystal Cove State Park at Pelican Point and Reef Point. This landscaping program has been implemented in conjunction with the coastal permit for The Irvine Company's Irvine Cove Crest development. b. Views from the Moro Ridge Area of Crystal Cove State Park: Following the State Parks' acquisition of the coastal shelf and Moro Canyon, The Irvine Company donated Moro Ridge to State Parks. This gift to the State of California preserved the dominant backdrop for inland views from PCH and the coastal shelf, and also provided a major public recreation use area. In addition to the scenic benefits of protecting the ridge itself, dramatic downcoast views from the ridge toward Laguna Beach will be protected by the Open Space Dedication Programs. As a result, the downcoast viewshed visible from Moro Ridge will be preserved and direct views of the ocean from the ridge will be unobstructed. c. Views Inland from PCH and the Coastal Shelf: The golf courses on the frontal slopes of Pelican Hill will play a central role in scenic protection, creating a greenbelt which complements the open space area of the coastal shelf on the ocean side of PCH. They will preserve the character of the lower knolls on the frontal slopes, the most visible landform and dominant feature of the hillside from PCH and the coastal shelf. They will provide a greenbelt setting for the visitor- serving use while at the same time serving as a setback for tourist commercial areas from PCH. Finally, the golf courses will open views of the inland ridge between Cameo Highlands and Newport Coast Drive, and enhance the sense of arrival at the coast when emerging onto the coastal shelf from Corona del Mar. Nm-pon Caass LCP Second Amendment Decemher J. 1996 1-2.8 d. Views from Newport Coast Drive: Views from Newport Coast Drive vary dramatically as the roadway begins to descend from the ridge toward the coast. The Plan has been designed to emphasize selected views of Los Trancos Canyon; views of the ocean upcoast toward Newport Beach and framed by the golf courses; and the sense of arrival at the destination resort and at the coast immediately across Pacific Coast Highway. B. DEVELOPMENT POLICIES 1. TOURIST COMMERCIAL a. Visitor- Servin¢ Functions: Section 30222 of the Coastal Act requires that "the use of private lands suitable for visitor - serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general residential or general commercial development...." Section 30223 of the Coastal Act provides that "upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible." The Newport Coast Land Use Plan carries out these policies by providing major day -use and overnight/resort facilities in close proximity to Crystal Cove State Park and, in particular, at locations in close proximity to the major beach areas. The Plan also provides tourist commercial areas which not only will fill a long -term need but will provide facilities that cannot be provided by the State Park. Due to existing mobile homes and cottage leases in the Moro and Crystal Cove areas, recreational facilities required to support park use will be severely limited until the leases are terminated. The proposed Newport Coast visitor - serving facilities will fill this gap in services. By providing substantial day -use services (e.g., restaurants, food facilities, etc.) within walking distance of the beach, the need for construction of extensive support services on Nc%part Coast LCP Second Amendment Deeember3, 1996 1 -2.9 State Park land seaward of Pacific Coast Highway will be substantially reduced. This not only carries out Section 30223 of the Coastal Act but also furthers the goals of Section 30221 by diminishing the need for construction of facilities in the viewshed from the highway toward the ocean. In this way, more of the coastal bluff park area can be used for actual recreational use pursuant to Section 30221 of the Coastal Act. b. Location of Visitor - Serving Uses: The Coastal Act provides for locating visitor - serving facilities at "selected points of attraction for visitors" (Section 30250(c)). In addition to day -use needs, projections of commercial recreation needs indicate a significant demand for new overnight/resort facilities (e.g., the figures cited in the Dana Point Specific Plan) which will be fulfilled by the provision of overnight/resort accommodations. On the entire Orange County coastline, only one other undeveloped area retrains with the significant potential for accommodating visitor - serving uses (i.e., Dana Point Headlands). Thus, The Newport Coast is one of the few remaining areas where commercial recreation can be provided, and is the only site with convenient pedestrian access to a State Park. c. A Destination Resort: In furtherance of Coastal Act Sections 30222, 30223, and 30250(c), The Newport Coast LUP is structured to create the setting for a "destination resort". Unlike an individual hotel or a lodge oriented to attract a particular type of clientele, a destination resort is designed to provide a broad range of accommodations and recreational facilities which combine to create a relatively self - contained, self - sufficient center for visitor activities. By providing on -site recreational facilities, the destination resort will attract longer term visitors, as well as those staying only a few days. As a consequence, accommodations may range from hotel rooms to "casitas" and other types of lodging containing kitchen facilities and room combinations to serve guests staying for a variety of time periods. ( Casitas are overnight/resort lodgings consisting of multiple bedrooms that may be rented separately and which may connect with a central living area that may include cooking facilities.) Traditional hotels with guest rooms may combine with individual studio, one bedroom and t Newpon Coau LCP Sewnd Amendment Dxember 3. 1996 1 -2.10 multiple bedroom units to offer a spectrum of accommodations to suit varying lengths of stay, family sizes, and personal preferences. Recreational amenities within the resort will include golf course(s), beach access, swimming pool(s), tennis courts, health spa(s), and other facilities. Commercial retail uses and a variety of restaurants will serve the needs of guests and day -use visitors and help create a setting and sense of place for an active resort community. Meeting rooms and conference space and facilities will be included to serve group activities. The destination resort planned for Pelican Hill has the potential for serving a much broader range of visitors than hotel developments recently completed in southern Orange County and in other coastal areas such as Long Beach. By providing facilities capable of serving families and other types of users who may wish to stay for several days or more, the destination resort will function in a manner comparable to major resorts in Hawaii, Colorado ski areas, Lake Tahoe, Silverado in the Napa Valley, and Sun River in Oregon. The inclusion of overnighttresort accommodations which can provide multiple- bedrooms and also contain kitchen facilities allows for family use in ways that are not generally accommodated in traditional hotels. Because food costs are a significant aspect of family travel costs, the ability to prepare meals within the accommodation and to provide facilities for children creates a type of overnight/resort facility used in other settings on the California Coast such as Monterey Dunes Colony in Monterey County, Pajaro Dunes in Santa Cruz County, and Sea Ranch in Sonoma County. Likewise, these types of accommodations can be more attractive to other long -term visitors than are traditional hotel rooms. Presently there is no true destination resort on the Orange County coast which complements the visitor attractions provided by local beaches and the communities of Laguna Beach and Newport Beach in a manner comparable to Pebble Beach in Monterey. The Pelican Hill destination resort will provide a golf course "greenbelt ", vistas of the ocean, access to the beach, and a wide variety of accommodations; all of which combine to carry out the strong Coastal Act policies of supporting visitor use of the coast. Newport Coul LCP Second Amendmem Dccember3, 1996 1 -2.11 d. Enhancement of Inland Views: The creation of a destination resort at Pelican Hill also serves as a means of enhancing inland views. The combination of Planning Areas PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, and PA 13F as an integral component of the golf course /visitor- serving complex provides the development basis for shifting residential areas off the Pelican Hill foreslopes onto the Pelican Hill ridgetop. Thus, the shift in land use from estate residential uses, contained in the 1981 Irvine Coast Land Use Plan, to a destination resort makes it feasible to locate the golf course /greenbelt so that it enhances much of the inland coastal viewshed. e. Traffic Benefits Deriving From Visitor - Support Facilities: The location of visitor - serving facilities in the Pelican Hill and Lower Wishbone areas will decrease traffic impacts on local communities by providing convenient overnight/resort visitor - serving facilities for users of Crystal Cove State Park. Park users would otherwise be forced to find accommodations in Laguna Beach or Newport Beach, thus driving through those communities on their way to and from the State Park. The provision of extensive day -use facilities will also diminish automobile traffic movement by providing food and other services readily available to park users. By concentrating development at the Pelican Hill and Lower Wishbone Canyon locations, the use of existing transit facilities operating between Laguna Beach and Newport Beach along Pacific Coast Highway will be encouraged and enhanced. The destination resort concept further reduces traffic impacts by providing a wide range of on -site recreational amenities. Traffic generation figures obtained from comparable destination resorts and set forth in the "Irvine Coastal Area Traffic Study" (February, 1987; see Appendices 3 & 4) indicate a much lower trip generation profile than for individual hotels. Shuttle service provided as part of normal hotel operations will also help to decrease new trips between John Wayne Airport and the site. Newport Coast LCP Second Nnendment December 3. 1996 1-2.12 2. PUBLIC ACCESS In furtherance of Coastal Act Section 30223, over 1,083 acres in Buck Gully and Los Trancos and Muddy Canyons will be committed to public recreational use and habitat protection. Public trails will connect Buck Gully and Los Trancos and Muddy Canyons to the State Park beach access trails, thereby enhancing public access, consistent with Coastal Act Sections 30213 and 30214, previously provided through the sale of the coastal shelf lands to the State Department of Parks and Recreation. As a result, the public will be provided with a rich diversity of recreational experiences, ranging from the pristine, secluded canyon setting of Los Trancos, to a sense of arrival at the ocean. Public views of the ocean will be provided from a park on a high knoll in Los Trancos, a public vista turn -out off Newport Coast Drive, and from public trails. Finally, the new trail system will provide significant up -coast and down -coast views as it links with the vista point on the new trail in front of Pelican Point. 3. RESIDENTIAL USES Consistent with the requirements of Coastal Act Section 30250, residential areas have been located "contiguous with (and) in close proximity to, existing developed areas able to accommodate it .... ". Development has been clustered in the areas of The Newport Coast in close proximity to existing residential areas and near existing employment centers. In furtherance of Coastal Act Section 30240(b), residential development has been clustered on the ridges away from sensitive habitat areas in the canyon bottoms. 4. CIRCULATION The construction of the arterial highway system will be phased in order to meet traffic demands generated by development of The Newport Coast. In addition, roadway capacity beyond the needs attributable to development of The Newport Coast will be provided and will enhance public access to coastal recreation areas while mitigating any off -site transportation impacts. Newport Coast Drive will provide access to the visitor - serving and public park facilities, and relieve congestion on Pacific Coast Highway and other coastal access routes located northerly Newport Coau LCP Second Amendment December 3. 1996 1 -2,13 and southerly of The Newport Coast. In a regional context, this road becomes a direct access route for inland - generated traffic to the recreation areas of The Newport Coast. By connecting the State Park entry at Pelican Point to the coastal hills, and joining MacArthur Boulevard' south of the University of California at Irvine campus, it reduces the need to use Pacific Coast Highway as a distribution route for inland traffic that would otherwise come from MacArthur Boulevard and Laguna Canyon Road. In particular, Newport Coast Drive in effect increases PCH capacity through Corona del Mar by providing a direct link between down -coast residential areas and major inland destinations, including employment centers and the UCI campus. .- Because recreational traffic and commuter traffic generally flow in opposite directions in the morning and evening (i.e., morning commuter traffic flows toward the inland employment centers, while morning recreational traffic flows toward the coast; with reversed flow patterns in the evening), Newport Coast Drive will provide significant new recreational access capacity. In addition to its recreational access function, Newport Coast Drive will provide direct access from The Newport Coast to the commercial centers of Orange County. It will have capacity well in excess of that required to accommodate the development of The Newport Coast, and as a result will reduce traffic levels through Corona del Mar. Thus, the circulation improvements provided for in The Newport Coast LCP provide sufficient capacity to "accommodate needs generated by development ", consistent with the requirements of Coastal Act Section 30254, while at the same time enhancing public recreational access. The San Joaquin Hills Transportation Corridor (SJHTC) was finally approved and the design contract awarded for it within the last seven years. It now encompasses part of Bonita Canyon Road and Newport Coast Drive outside of the coastal zone boundary. When completed, the SJHTC will constitute the direct link with MacArthur Boulevard and provide overall traffic benefits for the region not assumed in the approval of the original LCP. The County MPAH also maintains an alternative, non - tolled connection with Bonita Canyon Road, Ford Road, and MacArthur Boulevard. Nmpon Coast LCP Second Amendment tkcember J, 1996 I -2.14 CHAPTER 3 RESOURCE CONSERVATION AND MANAGEMENT POLICIES This Chapter sets forth policies for the conservation and management of resources within The Newport Coast Planned Community. Policies are organized in the following sequence: • A phased dedication program for 2,666 acres of public "wilderness" open space and interim management policies during program implementation; • A dedication program for approximately 1,176 acres of public "special use" open space; • Recreation/open space management policies for The Irvine Coast Wilderness Regional Park, as well as for other open space /passive recreation areas within the community; • Policies related to the four different types of Environmental Sensitive Habitat Areas (ESHA's) within The Newport Coast; • Specific programs for the protection of cultural (archaeological and paleontological) resources; and • Policies to protect resources from erosion, sedimentation, and runoff, and to guide grading and the treatment of the interface edge between development and open space, including fuel modification programs required for fire safety. A. DEDICATION PROGRAM REIZUIREMENTS AND PROCEDURES 1. WILDERNESS OPEN SPACE The landowner shall dedicate Planning Areas PA 18, PA 19, PA 21A, PA 21B, PA 21C, and PA 211) to the County of Orange as development of residential and commercial areas occurs, in accordance with the following policies and procedures.! I Irrevocable Offer of Dedication recorded November 10, 1988. Newport Coast LCP Second Amcadmrnt Dm=ber3. 1996 a. Lands to be Dedicated: The Dedication Area includes approximately 2,666 acres in Planning Areas PA 18, PA 19, PA 21A, PA 21B, PA 21C, and PA 21D. In order to facilitate resource management, public access and acceptance by the County of portions of the dedication in phases, the Dedication Area has been divided into four Management Units. Acceptance by Designated Offerees of Management Units shall occur in numerical sequence as shown on Exhibit 1. "Designated Offerees" are those agencies and organizations described in Subsection b -3) below. In order to accommodate open space management objectives and the topographic characteristics of the Dedication Area, minor adjustments to the boundaries of the Management Units may be trade by agreement of the landowner, the County, and ,the Coastal Commission and shall be. treated as a minor amendment to this Plan at the direction of the Executive Director of the Commission. b. Procedures for Convevance of Title: 1) Recordation of the Offer a) Timing of Recordation: No later than ten (10) working days following the later of the following two events (1) the expiration of all statutes of limitation applicable to a legal challenge to certification of the LCP and the approval of a Development Agreement or "other mechanism" (as described below) by the County and the landowner, without any legal challenge having been filed, and (2) the date when both the foregoing certification and approval have become effective, the landowner shall record an Offer of Dedication for a term of thirty (30) years for the entire 2,666 -acre Dedication Area. The term "or other mechanism" means that if County or landowner determines not to enter into a Development Agreement, then an "other mechanism" providing equivalent assurances of certainty of development will be entered into between the County and landowner as a condition precedent to the recording of the offer; upon entering into such an Ne pan Cosa LCP Saond Amcndmem D=..b., 3. 1996 I -3.2 WILDERNESS ©EDD iCATIOO N AREA - (3@ nd Amendment Exhibft The Newport Coast Local Coastal Program LEGEND ® MANAGEMENT UNTAND SEQUENCE NUMBER •• COASTAL ZONE BOUNDARY PLANNED COMMUNITY BOUNDARY agreement (i.e., "other mechanism "), County and landowner shall jointly publish a public notice that the 10 working days time period for recording the offer has commenced. Notwithstanding the first sentence of this paragraph, the landowner tray, at its sole discretion proceed to record the Offer at any time earlier than provided in this paragraph. . . 1 -. b) Effect of Legal Challenge: In the event of a legal challenge to the certification of the LCP and/or the validity of a Development Agreement or "other mechanism," the landowner is obligated to record the offer only at such time as the earlier of either of the following occurs: (1) the landowner proceeds to commence development (as defined in the Coastal Act of 1976) in the Plan area pursuant to a Coastal Development Permit, or (2) the County succeeds in obtaining a final court ruling, not subject to further judicial review, affirming the validity of the approval challenged in the litigation, thereby enabling the landowner to proceed r with development on the basis of the LCP as approved and certified by the Coastal Commission. c) Recorded Offer as Pre - Condition to Development: The County will not provide final authorization to proceed with development pursuant to any Coastal Development Permit in the Plan area prior to recordation of the Offer (e.g., a subdivision trap or final grading permits may be approved conditioned upon recordation of the Offer). 2) Timing of Acceptance of Dedication Offer The Offer of Dedication will provide that the title for each Management Unit shall be automatically conveyed upon acceptance, as specified in Section "a)" above and in f� Section "b)(3)" below, as follows: r 1 a) Management Unit I may be accepted only after the issuance of the first grading permit authorizing (initial) grading in any residential, commercial, or golf course Newport Cast LCP Sm.nd a e" =M December 3. 1996 1 -3.4 planning areas (as identified in Exhibit E) other than for a Coastal Development Permit providing for the construction of Newport Coast Drive; and b) One remaining Management Unit may be accepted only in numerical sequence and only as follows for each of the development increments listed below: (1) Ninety days following issuance of building permits for a cumulative total of 1,000 primary residential dwelling units; (2) Ninety days following issuance of building permits for a cumulative total of 2,000 primary residential dwelling units; and (3) Ninety days following issuance of building permits for (a) a cumulative total of 1,500 overnight/resort accommodations (as defined in LUP Subsection 4- A-1-a and 4 -A -2 -a and in accordance with the intensity formula specified in LUP Subsection 4- A- 1 -b-4) or (b) a cumulative total of 80 percent of the 2.66 million square feet of development allowed in PA 13 (pursuant to LUP Chapter 4- A -1 -b), whichever first occurs. 3) Designated Offerees At such time as any Management Units may be accepted as provided in Subsection b- 2)-a) or b -2) -b above, the County of Orange, acting on its own behalf or through its designee(s), will have three (3) years to accept the Offer of such Management Unit(s), after which time the State of California either through the California Department of Parks and Recreation or the California Coastal Conservancy will have three (3) years to accept the Offer of Dedication. If the aforementioned public agencies have not accepted the Offer as specified, the Trust for Public Land or the National Audubon Society will have one (1) year to accept the Offer of Dedication. If none of these public or non - profit entities has accepted title to the Management Unit(s) within these timeframes, the Executive Director of the California Coastal Commission, following consultation with the County, shall be entitled to nominate, no later than ninety (90) Newport Coast LCP Second Amendment December 3, 1996 I -3.5 days thereafter, another non - profit entity as a Designated Offeree; the alternative non- profit entity nominated by the Executive Director may become a Designated Offeree only if determined to be mutually acceptable to the Coastal Commission, the County, and the landowner, and shall thereafter be required to accept the Offer(s) within six k (6) months of the landowner's determination of acceptability. In the event that the Executive Director of the California Coastal Commission designates such alternative non - profit entity, none of the aforementioned parties shall unreasonably withhold approval of that entity, provided that it has the demonstrated financial capacity and management experience to undertake management of the dedication area in question. If, pursuant to the foregoing procedures, none of the public or non - profit entities has accepted said Offer(s) within these timeframes, the landowner will regain full title and unencumbered use of the offered land constituting the Management Unit(s) subject to LCP land use designations; provided that the landowner may seek an LCP amendment regarding future use(s) of these lands. 4) Effects of Legal Action Preventing Development and Proportional Dedication a) Acceptance Conditioned on Vesting: Acceptance of the four Management Units identified in the Offer of Dedication pursuant to Subsection b) -2) above, will be qualified by the requirement that the conveyance of title shall not occur if the landowner is prevented from vesting the right to develop the cumulative residential dwelling unit/overnight/resort accommodation levels as specified in Subsection b)- 2) above by operation of federal, State or local law, or by any court decision rescinding, blocking or otherwise adversely affecting the landowner's governmental entitlement to develop said units. At any time that the Iandowner is subsequently entitled to proceed with development in the manner specified in the approved LCP, all dedication requirements and provisions shall be automatically reinstated provided that the term of the Offer has not been exceeded. b) Development Halted for Ten LOl Years: Notwithstanding the last sentence of Subsection a) above, if the landowner is prevented from proceeding with development (i.e., legally unable to undertake development for the reasons Newport Comi LCP Second Amffldmem December 3. 19% I -3.5 identified in Subsection a) above) for an uninterrupted period of ten (10) years, the right to accept shall be suspended as it applies to the Management Unit(s) correlated with the type of development so halted (e.g., if the entitlement to develop overnight/resort accommodations has been halted for ten (10) years, the right of the Designated Offeree(s) to accept the Management Unit correlated with that development shall automatically be suspended). In such event, the right to undertake that type of development pursuant to the LCP shall likewise be suspended unless and until the landowner is legally authorized to proceed with that type of development previously halted. If the right to undertake any development pursuant to the LCP is halted as provided herein for a period of ten (10) years in any fifteen (15) year time period, the landowner shall have the right to terminate the Offer of Dedication and, in that event, the right to develop under the LCP shall automatically be suspended. c) Proportional Dedication: If the landowner has not been able to undertake the aforementioned development for a period of ten (10) years, the Designated Offeree(s) may only accept a proportional dedication in accordance with the following ratio: Proportional Dedication — For each unit for which the landowner has received a certificate of occupancy, the Designated Offeree(s) may accept dedications in ratios of .76 acre for each such residential unit and .31 acre for each visitor accommodation unit or per each 1400 sq. ft. increment of the 2.66 million sq. ft. intensity allowed in PA 13 (whichever intensity level is achieved first). Dedication areas accepted pursuant to the above proportional dedication requirement shall be located in accordance with the Management Unit sequencing identified on Exhibit I, with the precise location of the acreage to be contiguous with a previously accepted dedication area and /or adjacent to publicly owned park/open space Iand, and as specified by the accepting Designated Offeree(s) following consultation with the landowner. Newport Coasc LCP Second Amendmem Decembcr 3, 1996 I -3.7 d) Management Unit I Reversion: In the event that the landowner is prevented, as specified in Subsection 4) -a) above, from completing (i.e., receiving certificates of use and occupancy for) the first one thousand (1,000) primary residential dwelling units, tide to any lands accepted the by the Designated Offeree(s) in Management Unit I in excess of the Proportional Dedication ratio as applied to completed units shall revert to the landowner within six (6) months of the occurrence of the specified legal impediments to development. 5) Dedication Commitments — Effect of Landowner Delay in Development a) Areas Graded but Not Completed: For any development area that has been graded and remained unimproved (i.e., without streets, infrastructure, and permanent drainage systems) for a period of five (5) years following the commencement of grading, the Designated Offeree(s) may accept a dedication area in accordance with the proportional dedication formula in Subsection 4)-c) above, with the application of the formula based on the number of development units specified /authorized in the Coastal Development Permit which served as the governmental authorization for the grading activity. This provision shall not apply where the delay in vesting development rights on the land area in question has occurred as a result of the operation of federal, State or local law, or by any court decision rescinding, blocking, or otherwise adversely affecting the landowner's governmental entitlement to develop the specified units on said land area. b) Fifteen (15) Year Deadline for Completing All Dedications: All dedication increments that have not been eligible for acceptance pursuant to the provisions of Subsection 2) above may be accepted fifteen (15) years after the recording of the Offer of Dedication. Provided, however, that in the event the landowner is prevented from proceeding with development (i.e., unable to proceed voluntarily) by operation of federal, State, or local Iaw, or by any court decision rescinding, blocking, or otherwise adversely affecting the landowner's governmental entitlement to develop, the fifteen (15) year ttmeframe for completing all acceptances of dedication increments shall be extended by a time period equal to Neupan Coati LCP S =and Amendment December 3. 1996 1 -3.8 the amount of time the right to proceed with development has been suspended. This provision extending the fifteen (15) year time period shall not apply where the development project has been halted by a final, non - appealable court decision based upon the failure of the development project to comply with the certified LCP and /or CEQA. In the event the Iandowner becomes subject to a federal, State or local law, or any court decision which limits the allowable number of building permits which may be approved or issued each year (or within a given time period), the fifteen (15) year time frame for completing all acceptances of dedication increments shall be extended by a time period equal to the amount of time necessary for the landowner to obtain the maximum allowed building permits per year to complete the total development by the LCP; if the foregoing extension of the fifteen (15) year time period would exceed the term of the Offer, the landowner may either extend the term of the Offer or allow the Offer and any remaining entitlement at that time pursuant to the LCP to expire. 6) Acceptance of Dedication Increments The acceptance of dedication increments shall be conditioned on a requirement that the dedication lands may be used only for purposes consistent with land uses allowed in the certified LCP and may be conveyed subsequent to the initial acceptance only to other Designated Offerees. 7) Dedication Area Access Access to the dedication areas prior to any acceptance shall be limited to the County or other Designated Offeree (in the event that County's acceptance period for a particular Management Unit(s) has expired), its employees, licensees, representatives, and independent contractors acting within the scope of their employment by the County or other Designated Offeree solely for the purposes of surveying, trapping and planning activities related to future management of the dedication areas. Any such access shall be subject to landowner entry permit requirements regarding personal liability and personal security. NC-Pun Coast LCP Snood Amendmmt DCC=ber 3. 1996 1 -3.9 8) Property Description A detailed property description for each Management Unit shall be set forth in the Offer of Dedication. 2. . SPECIAL USE OPEN SPACE The landowner shall dedicate Planning Areas PA 11A, PA 12A, PA 12E, PA 12H and PA 12I i.. to the County of Orange and PA 12G to the California Department of Parks and Recreation or the County of Orange as development of abutting residential areas occurs. The landowner shall _ receive local park credit for not less than five (5) acres of special use open space dedication. Area(s) designated as special use park shall be made separate parcels suitable for transfer to any succeeding city or local park operating agency in accordance with the following policies and procedures. a. Prior to or concurrent with the recordation of the first final development map, other than , a large -lot subdivision in PA 1A, PA 113, or PA 2A, the landowner shall record an Offer of Dedication for PA I IA'. b. Prior to or concurrent with the recordation of the first final development map, other than a large -lot subdivision in PA 1C, PA 213, PA 2C, PA 5, PA 4A, or PA 3A, the landowner shall record an Offer of Dedication for PA 12A1. c. Prior to or concurrent with the recordation of the first final development map, other than a large -lot subdivision in PA 4A, PA 413, PA 5, or PA 6, the landowner shall record an Offer of Dedication for PA 12E. d. Prior to or concurrent with the recordation of the first final development map, other than 1 a large -lot subdivision in PA 7A, the landowner shall record an Offer of Dedication for PA 12H. Planning Areas PA 11A (Buck Gully) and PA 12A (Los Trancos Canyon) have been irrevocably offered to the County of Orange for dedication. Newpon Coau 1.Cp Second AmaWmem December3, 1996 1 -3.10 e. Prior to or concurrent with the recordation of the first final development map, other than a large -lot subdivision in PA 7B, the landowner shall record an Offer of Dedication for PA 121. f. Prior to or concurrent with the recordation of the first final development map, other than a large -lot subdivision in PA 6, the landowner shall record an Offer of Dedication for PA 12G to the California Department of Parks and Recreation or the County of Orange which includes rights for both agencies to access their respective park propertiest. g. The above offers shall be irrevocable continuing offers of dedication to the County of Orange or its designee for park purposes in a form approved by the Manager, EMA- Harbors, Beaches and Parks /Program Planning Division, suitable for recording fee title. The offers shall be free and clear of money and all other encumbrances, liens, leases, fees, easements (recorded and unrecorded), assessments and unpaid taxes in a manner meeting the approval of the Manager, EMA Harbors, Beaches and Parks Program Planning Division. The offers shall be in a form that can be accepted for transfer of fee title at any time by the County. h. Notwithstanding the above procedures, offers of dedication may be made in a Parcel A and Parcel B sequence. Parcel A shall contain, to the greatest extent possible, the area to be included in the dedication and shall be offered for dedication at the time specified in Subsection a, b, and c above. The boundaries of Parcel A shall be determined through a review of the physical characteristics of the total planning area required for dedication excluding only those areas where the boundary for public open space cannot feasibly be determined until final development maps are processed. The boundaries of Parcel B shall be refined and offered for dedication upon the recordation of subsequent final maps for planning areas abutting the area to be dedicated. When appropriate, areas containing urban edge treatments, fuel modification areas, roads, manufactured slopes, and similar uses may be offered for dedication as scenic easements. t Planning Area 12G may be offered for dedication to the California Department of Parks and Reception as pan of a future agreement to offset any acreage reductions within Crystal Cove State Park used to expand the facilities at El Morro Elementary School, Newpon Corm LCP SecoM Amendment December 3. 1996 1 -3.11 B. NTERIM CONSERVATION MANAGEMENT POLICIES Most of the Conservation lands are currently under private ownership and will be transferred in increments to a public agency over time. Prior to transfer, the landowner will be responsible for maintenance and management of these lands. The following policies provide an interim management program which will preserve natural resources ' for future public stewardship in an economically sound manner by maintaining the lands in their current condition. Notwithstanding the provisions of the Conservation category, the following policies shall apply to lands designated Conservation while they remain in private ownership. No new development will occur, except for improvements to existing facilities, new fences, and fire, flood and erosion control facilities and as provided below: 1. The landowner may continue existing agriculture uses including cattle grazing and may construct and maintain any fencing, firebreaks, fuel modification zones, water pipes, cattle - watering facilities, and access roads necessary for the continued use and protection of the property. 2. New fences will be designed so that wildlife, except large mammals such as deer, can pass through. 3. No alteration to existing stream courses or landforms in Emerald Canyon will occur except as necessary to provide fire protection. 4. No excavations of archaeological and paleontological sites will be permitted except as required by public safety and/or utilities facilities and in accordance with the policies set forth in Sections G and H of this chapter. 5. Landform alterations are allowed in the Conservation Area to the extent required to accommodate realignment, improvement, and /or widening of Laguna Canyon Road and associated improvements and shall conform with the requirements of LUP Section 1- 4 -E -20 for any such project. 6. No agricultural practice shall aggravate known or suspected land management problems such as the spread of non - native plants, soil erosion, or the deterioration of sensitive environmental habitats. Nevpon Cwu LCP Second Amendment December 3. 1996 1 -3.12 C. RECREATION /OPEN SPACE MANAGEMENT POLICIES 1. Irvine Coast Wilderness Regional Park (PA 18, PA 19, PA 21A, PA 21B, PA 21C, and PA 21D) The Newport Coast open space system will be preserved through the Conservation and Recreation land use designations and implementing policies. The intent of these land use categories is consistent with the Orange County General Plan's "Recreation Element" (REC) which assigns wilderness regional park status to The Irvine Coast Wilderness Open Space dedication area. The Recreation Element defines "wilderness regional park" as: "A regional park in which the land retains its primeval character with minimal improvements and which is managed and protected to preserve natural processes. The park, (1) generally appears to have been affected primarily by forces of nature, with the imprint of man's work substantially unnoticeable, (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic or historical value." The Orange County General Plan's "Recreation Element" contains the resource management and development policy for such wilderness regional park facilities which is incorporated into this Local Coastal Program. The policy (REC, p.4 -8) permits, (1) only restricted hardscape and domestication appropriate to provide access and enjoyment/observation of natural resources and processes, (2) interpretive programs, and (3) park concessions. Park concessions within PA 18 and PA 19 will be limited to uses which support passive recreation activities such as riding, hiking, picnicking, and camping, and may be operated as a regional park concession by a limited commercial venture under contract to the public agency. Newport Coast LCP Second Ammd,nent December l 19% 1 -3.13 Additional land use policies for subareas within the wilderness regional park are applicable to each specific planning area as follows: a. Planning Area PA 18 Mpper Emerald Canyon): 1) Principal permitted use includes riding and hiking trails, picnicking, and passive . recreation facilities such as viewpoints and rest stops. - . 2) Except for emergency and maintenance vehicles, vehicles will be prohibited in the canyon bottom. 3) Where feasible, trails and roads will incorporate existing trails and roads. 4) No more than one (1) percent of the total land area will be developed with structures, pavement, or other impervious materials. 5) Stream courses in Emerald Canyon and significant riparian vegetation will be maintained or enhanced. b. Planning Area PA 19 (Upper Emerald Ridge): 1) Principal permitted use includes parking associated with park use, tent camping, stables, youth hostels, riding and hiking trails, and picnicking. 2) Where feasible, trails and roads will incorporate existing trails and roads. 3) Access roads will be limited to two lanes. 4) No more than 10 percent of the total land area will be developed with structures, pavements, or other impervious materials. Newyon Coast LCP Second Mnendmem December 3. 1996 1 -3.14 5) Recreation improvements will allow wildlife movement across portions of Moro and Emerald Ridges. c. Planniniz Areas PA 21A. PA 21B. PA 21C. and PA 21D: 1) Principal permitted use includes those uses which are of a passive recreational nature (such as viewpoints), of limited active recreational nature (such as riding and hiking trails), which are concerned with scientific study and interpretation, or involve public safety, facilities, and utilities. 2) Wildlife habitats will be preserved by controlling human access to Emerald and Moro Canyons. 3) Key areas of chaparral and coastal sage will be protected from human intrusion. 4) Stream courses in Emerald and Moro Canyons will be retained in a natural state or enhanced. 5) Significant riparian areas will be preserved as sources of shelter and water for wildlife. 6) Improvements will be compatible with the natural environment and will not damage landforms, vegetation, or wildlife to any significant degree. 7) All archaeological sites and paleontological sites will be preserved except sites impacted by public safety and/or utilities facilities. 8) Any buffer areas necessary for the protection of habitat are located within the Conservation category. 9) All existing trees will be preserved in Moro, Emerald, and Laguna Canyons except as required for new public trails, infrastructure, and /or roads. Newport Cmss LCP Swand Amendmmt Daembes 3.1996 I -3.15 10) Lands within 350 feet of Laguna Canyon Road and less than 30 percent slope may be used for trail heads, recreation staging areas, public utilities, drainage, flood and erosion control facilities, and other similar public uses. Development of these areas for such uses shall not constitute a significant effect on landform, vegetation, or wildlife for purposes of Policy 2, 3, and/or 4 above. 11) Landform alterations are allowed in the Conservation Area to the extent required to accommodate realignment, improvement, and /or widening of Laguna Canyon Road r and associated improvements and the requirements of LCP Subsection I- 4 -E -20 for any such project. 12) Access roads are permitted and will be limited to two lanes or a total of 20 feet in width. Where possible, trails and roads will use existing trails and roads (i.e., for c park operations, maintenance, and emergency access vehicles). :2. Buck Gully, Los Trancos /Muddy Canyons, and Pelican Bill Areas In addition to the Wilderness Open Space Dedication Area (Irvine Coast Wilderness Regional Park), environmentally sensitive areas within the development zone except for the ESHA B s located within Planting Area 4A, including Buck Gully, Los Trancos and Muddy Canyons, and portions of the Pelican Hill frontal areas will be preserved in open space, with opportunities for ..special use" recreation within Planning Areas PA 11A, PA 12A, and PA 12E. a. Planning Areas PA 11A and PA 11B Buck Gully and the frontal slopes of Pelican lull): 1) Principal permitted use includes passive parks, riding and hiking trails, bikeways, drainage control facilities, water and sewer facilities, access and maintenance roads, and utilities. i Newport Coati LCP Second Amendment December 1. 1996 I -3.16 t t 2) Recreation lands in PA 11A shall be dedicated to, and owned and maintained by, the County of Orange or other designated public agency. Recreation lands in PA 11B may be owned and maintained by homeowner associations, adjoining property owners, special assessment districts, the County of Orange and/or other appropriate public agencies. 3) Residential lot lines from adjoining properties may extend into PA 11B, but not into PA 11A. 4) Natural landforms will be retained by locating recreational facilities in the flatter portions of the canyon bottom, and so as not to interfere with natural stream courses or riparian vegetation. 5) A maximum of 2% of the total lands designated in PA 11A and PA 11B category may be developed with impervious surfaces (i.e., trails, roads, recreation facilities, etc.). 6) Recreational facilities to be considered for Local Park credit will be located on finished grade slopes generally less than 30 %. 7) Except for emergency and maintenance vehicles, vehicular access will be prohibited. 8) Archaeological and paleontological sites will be preserved except where necessary to provide public safety and /or utilities facilities. b. Plannine Areas PA 12A. PA 12B. PA 12C. PA 12D. PA 12E. PA 12H and PA 121 (Los Trancos/Muddy Canyons, the frontal slopes of Lower Wishbone and North Laguna): 1) Principal permitted use includes passive parks (except in PA 12C, where limited active recreational uses are permitted), riding and hiking trails, bikeways, drainage control facilities, water and sewer facilities, access and maintenance roads, utilities, parking and staging areas. Newport Coast LCP second Amendment December), 1996 1 -3.17 2) Recreation lands in PA 12A, PA 12E, PA 12H and PA 121 shall be dedicated to, and owned and maintained by the County of Orange. Recreation lands in PA 12B, PA r• 12C, and PA 12D may be owned and maintained by homeowner associations, adjoining property owners, special assessment districts, the County of Orange andlor other appropriate public agencies. 3) A maximum of 1 % of the total lands in PA 12A, PA 12D, PA 12E and PA 12I may be developed with impervious surfaces (i.e., structures, roads, recreation facilities, etc.). 4) A maximum of 12% of the total land area in PA 1213, PA 12C and in PA 12H may be developed with structures, pavement or other impervious materials. 5) Recreational facilities to be considered for Local Park credit will be located on finished grade slopes generally less than 30 %. 6) Archaeological and paleontological sites will be preserved except where necessary to provide public safety and /or utilities facilities. 7) Local roads and associated infrastructure connecting PA 3A, PA 313, PA 4A, and PA 4B will be permitted through PA 12B. 8) Landform alterations are allowed in PA 12A, PA 12B, PA 12C, PA 12D and PA 12E to the extent required to accommodate realignment and construction of local collector roads, San Joaquin Hills Road, and /or the San Joaquin Hills Transportation Corridor and recreational facilities, as provided in a final Coastal Development Permit for any such projects. 9) Residential lot lines from adjoining properties may extend into PA 12B, PA 12C, and PA 12D, but not into PA 12A, PA 12E, PA 12H or PA 12I. N—Von Coast LCP Second Amendment i December3, 1996 I -3.18 D. CATEGORY "A" & "B" ENVIRONMENTALLY SENSITIVE HABITAT AREA POLICIES The following policies apply to Category A and B ESHA's only, as delineated on Exhibit H. 1. Except for the ESHA B located in Planning Area 4A, the natural drainage courses and natural springs will be preserved in their existing state. All development permitted in Category A and B ESHA's shall be set back a minimum of 50 feet from the edge of the riparian habitat except as provided for in the following subsections. If compliance with the setback standards precludes proposed development which is found to be sited in the least environmentally damaging and feasible location, then the setback distance may be reduced accordingly. a. Where existing access roads and trails cross streams, where emergency roads are required by State or County fire officials, and /or where access roads are required to serve residential units and recreational facilities in Muddy Canyon, the drainage course may be modified to allow the construction and maintenance of existing or new road or trail crossings. Such modification shall be the least physical alteration required to maintain an existing road or to construct a new road or trail, and shall be undertaken, to the extent feasible, in areas involving the least adverse impact to stream and riparian habitat values. b. Where drainage and erosion control and related facilities are needed for new development and /or to protect the drainage course, the drainage course may be modified to allow con- struction of such facilities. Modification shall be limited to the least physical alteration required to construct and maintain such facilities, and shall be undertaken, to the extent feasible, in areas involving the least adverse impact to the drainage course. Where feasible, drainage and erosion control and related facilities will be located outside the drainage course. c. Where the construction requires filling or other modification of drainage courses substantially as shown in Exhibit L , drainage courses may be modified. Newport Coast LCP second Amendment Dexmbet i. MIS I -3.19 d. Where the construction of local collectors, and /or utility service /emergency access roads requires filling or other modifications of drainage courses in PA 6, PA 12C, and /or the upper portion of PA 12A and where the alignment is shown to be the least environmentally damaging feasible alternative, drainage courses may be modified. e. Where access roads and trails exist or where new emergency roads are required by State or County fire officials, vegetation may be removed in the maintenance or construction of such roads and trails. Any required vegetation removal will be minimized. f. To the extent necessary, existing riparian vegetation may be thinned or selectively removed when required for habitat enhancement and /or fire control. Existing'vegetation which is not classified as riparian may also be removed. g. Where drainage and erosion control and related facilities are needed to implement the Master Drainage and Runoff Management Plan and related programs, vegetation may be removed in the construction and maintenance of such facilities. Vegetation removal will be limited to the least required to construct and maintain such facilities and shall be undertaken, to the extent feasible, in areas involving the least adverse impact to riparian vegetation. Where feasible, drainage and erosion control and related facilities will be located outside areas containing riparian vegetation. h. Upon the recordation of an Offer of Dedication for Planning Area 12E, the ESHA B located in Planning Area 4A may be altered as required for development authorized by this LCP. 2. Where feasible, the separation of scrub and chaparral from riparian habitats will be avoided. Vegetation offering escape cover will be allowed adjacent to riparian areas wherever feasible. I 3. Nothing in this section shall require the replacement or restoration of natural features which are destroyed or modified by natural causes such as fire, flood, erosion, and drought. Newpan Coau LCP Second Amendment December 3. 19% I -3.20 4. Where golf cart and pedestrian path/bridge, and fairway trajectories for the golf course cross the USGS Drainage Course in PA 10B, vegetation may be selectively thinned, maintained, removed and/ or altered within areas of the setback to the extent necessary for golf course purposes. Any such vegetation removal or alteration will be minimized and mitigated by habitat enhancement measures in Los Trancos Canyon, and will be shown to be the least environmentally damaging feasible alteration. E. CATEGORY "C" ENVIRONMENTALLY SENSITIVE HABITAT AREA POLICIES The Category C ESHA, as delineated in Exhibit H, contains coastal waters which have been designated a Marine Life Refuge and an Area of Special Biological Significance. The Category C ESHA area is encompassed within Crystal Cove State Park. The protection of water quality in marine resource areas is subject to the authority of the State Water Resources Control Board. Protection of water quality is provided by the LCP Runoff Policies and will be reviewed by the Regional Water Quality Control Board in conjunction with subsequent coastal development permits and related environmental impact reports (EIR's). A water quality monitoring program shall be submitted to the Regional Water Quality Control Board prior to initial implementing approvals for the golf course, for the purpose of monitoring runoff entering the ocean as well as the riparian corridors'. Copies of the results of the monitoring program shall be forwarded to the Regional Water Quality Control Board and the County of Orange on a regular basis for their review to determine whether corrective action is required pursuant to the authority of said agencies. Use and application of chemicals on the golf course and other landscape areas shall be limited to those approved by State, County, and Federal agencies. The landowner shall he responsible for notifying tenants and /or prospective initial purchasers of this requirement. i The five -year Water Quality Monitoring Program began in 1991. To date. the monitoring results indicated no adverse water quality impacts on local marine waters. Nerpon Coast LCP Second Amendment Dmember3. 1996 1 -3.21 F. CATEGORY "D" ENVIRONMENTALLY SENSITIVE HABITAT AREA POLICIES 1. PA 10A: All drainage courses will be modified. The Riparian Habitat Creation Program will + mitigate any habitat values lost as a result of drainage course modification. 2 PA IA, PA 1B, PA 1C, PA 2A, PA 2B, PA 2C, PA 3A, PA 3B, PA 4A, PA 4B, PA 6, PA , 8, PA 9, PA IOA, PA IOB, PA IIA, PA 12A, PA 12B, PA 12C, PA 12D, PA 12E, PA 12F, PA 12G, PA 12H, PA 12I, PA 12J, PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, PA 13F, PA 14, PA 16A, PA 16B, PA 20A, PA 20B, and PA 20C: Vegetation and drainage courses will be modified or eliminated by development. The Open Space Dedication Programs and Riparian Habitat Creation Program will mitigate any habitat values lost as a result of such drainage course modification or elimination. 3. Construction of Newport Coast Drive, local collectors, and San Joaquin Hills Transportation Corridor will modify or eliminate vegetation and drainage courses. G. ARCHAEOLOGICAL POLICIES 1. ARCHAEOLOGICAL RECORDS SEARCH AND SURVEY Prior to initial implementation level approvals (i.e., Coastal Development Permit, Tentative Tract. Site Plan, etc., with the exception of a large -lot subdivision for only fmanciallconvey- ance purposes), a County certified archaeologist shall be retained by the applicant to complete a literature and records search for recorded sites and previous surveys. In addition, a field sur- vey shall be conducted by a County- certified archaeologist unless the entire proposed project site has been documented as previously surveyed in a manner which meets the approval of the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. A report of the literature and records search and the field survey shall be submitted to and approved by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. Mitigation measures may be required depending upon the recommendations of this report. lim-pon Caw LCP Sttond Ameodmem Dceember 3. 19% 1-3.22 2. ARCHAEOLOGICAL SUBSURFACE TEST AND SURFACE COLLECTION Prior to the issuance of a grading permit, a County - certified archaeologist shall be retained by the applicant to perform a subsurface test level investigation and surface collection as appropriate. The test level report evaluating the site shall include discussion of significance (depth, nature, condition, and extent of the resources), final mitigation recommendations, and cost estimates. Prior to the issuance of a grading permit and based on the report recommendations and County policy, final mitigation shall be carried out based upon a determination as to the site's disposition by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. Possible determinations include, but are not limited to, preservation, salvage, partial salvage or no mitigation necessary. 3. ARCHAEOLOGICAL SALVAGE If salvage or partial salvage is determined necessary by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division per subsection 2 above, prior to issuance of a grading permit, project applicant shall provide written evidence to the Chief, EMA- Regulation/Grading Section that a County- certified archaeologist has been retained to conduct salvage excavation of the archaeological resources in the permit area. A final report shall be submitted to and approved by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division prior to any grading in the archaeological site areas. 4. ARCHAEOLOGICAL RESOURCE SURVEILLANCE If on -site resources surveillance is determined necessary during grading per subsection 2 above by the Manager, Harbors, Beaches and Parks /Program Planning Division, prior to issuance of a grading permit, the project applicant shall provide written evidence to the Chief, EMA- Regulation/Grading Section that a County- certified archaeologist has been retained, shall be present at the pre - grading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation Nmpon Comt LCF 5eeond Ammdmem December 3. 1996 I -3.23 of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the project developer and to the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the project developer, for exploration and /or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. Except as may be limited by a future Costal Development Permit, on -site resource surveillance shall be provided for development grading operations in Planning Areas PA 3A, PA 3B, PA 10A, PA IOB, PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, PA 13F, and PA 14. H. PALEONTOLOGICAL POLICIES 1. PALEONTOLOGICAL RECORDS SEARCH AND SURVEY Prior to initial implementation level approvals (i.e., Coastal Development Permit, Tentative Tract, Site Plan, etc., with the exception of a large -lot subdivision map for financial conveyance purposes), a County- certified paleontologist shall be retained by the applicant to complete literature and records search for recorded sites and previous surveys. In addition, a field survey shall be conducted by a County- certified paleontologist unless the entire proposed project site has been documented as previously surveyed in a manner which meets the approval of the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. A report of the literature and records search and the field survey shall be submitted to and approved by the Manager. County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. Future mitigation shall depend upon the recommendations of this report. 2. PALEONTOLOGICAL PREGRADING SALVAGE If pre - grading salvage is determined necessary per subsection 1 above by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division, prior to issuance Ne port Coast LCP Second Amendment December 3. 1996 I -3.24 of a grading permit, the project applicant shall provide written evidence to the Chief, EMA - RegulatioNGrading Section that a County- certified paleontologist has been retained by the applicant to conduct preconstruction salvage of the exposed resources. The paleontologist shall submit a follow -up report on survey methodology and findings to the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division for review and approval. 3. PALEONTOLOGY RESOURCE SURVEILLANCE If on -site resource surveillance is determined necessary per subsection 1 above by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division, prior to issuance of a grading permit, the project applicant shall provide written evidence to the Chief, EMA - Regulation/ Grading Section that a County- certified paleontologist has been retained to observe grading activities and salvage fossils as necessary. The paleontologist shall be present at the pre- grading conference, shall establish procedures for paleontologist resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If major paleontological resources are discovered, which require long -term halting or redirecting of grading, the paleontologist shall report such findings to the project developer and the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. The paleontologist shall determine appropriate actions, in cooperation with the project developer, which ensure proper exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources shall be subject to approval by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division. The paleontologist shall submit a follow -up report for approval by the Manager, County of Orange EMA - Harbors, Beaches and Parks /Program Planning Division, which shall include the period of inspection, an analysis of the fossils found, and present repository of the fossils. Except as may be limited by a future Coastal Development Permit, on -site resource surveillance shall be provided for development grading operations in Planning Areas PA 3A, PA 3B, PA 10A, PA 10B, PA 13A, PA 13B, PA 13C, PA 13D, PA I3E, PA 13F, and PA 14. Newport Coast LCP Second AmClldmenl December 3, 1996 1 -3.25 1. EROSION POLICIES The Erosion Policies which follow provide the framework for the preparation of a "Master Drainage and Runoff Management Plan ". This Plan shall be submitted to the County of Orange for review and approval concurrent with the fast Coastal Development Permit application as required by LCP Subsection II-3-B-1 I'. 1. Post - development erosion rates shall approximate the natural or existing rate before development. 2. Areas of disturbed soil shall be reseeded and covered with vegetation; mulches may be used to cover ground areas temporarily; other mechanical or vegetative techniques to control erosion may be used where necessary. Native and/or appropriate non - native plant material selected for vegetation shall be consistent with LCP Subsection I- 3 -L -6. 3. Erosion control devices shall be installed in coordination with clearing, grubbing, and grading of upstream construction; the Grading Plan shall describe the location and timing for the installation of such devices and shall describe the parties responsible for repair and maintenance of such devices. 4. Erosion control measures for grading and construction done during the period from April 15 to October 15 will be implemented by October 15 and maintained as necessary through April 15. For grading and construction commencing in the period from October 15 to April 15, erosion control measures will be implemented in conjunction with the project in a manner consistent with the County of Orange Grading Code. Erosion control measures for areas not affected by grading and construction are not required. 5. Where new recreational trails are planned in open space areas, they will be located and constructed to minimize erosion. A Master Drainage and Runoff Management Plan was approved by the County of Orange in December, 1989. Amendments will be prepared for all future development projects located outside the area covered by this Master Plan. Newport Coati LCP 5ccond Am=dment December I. 1996 I -3.26 J. SEDID4ENT POLICIES The Sediment Policies which follow provide the framework for the preparation of a "Master Drainage and Runoff Management Plan". This Plan shall be-submitted to the County of Orange for review and approval concurrent with the first Coastal Development Permit application as required by LCP Subsection II -3 -B -111. 1. Required sediment basins (e.g., debris basins, desilting basins, and /or silt traps) shall be installed in conjunction with the initial grading operations and maintained through the develop- ment/construction process to remove sediment from .runoff. 2. To prevent sedimentation of off -site areas, on -site vegetation shall be maintained where feasible. Vegetation shall be replanted from seed /hydroseed to help control sedimentation where necessary. Native and /or appropriate non - native plant material selected for vegetation shall be consistent with LCP Subsection I- 3 -L -6. 3. Temporary mechanical means of controlling sedimentation such as hay bales, earth berms and/or sand - bagging around the site, may be used as part of an overall Erosion Control Plan, subject to County approval. 4. Sediment movement in the natural channels shall not be significantly changed in order to maintain stable channel sections and to maintain the present level of beach sand replenishment. 5. Sediment catch basins and other erosion control devices shall be designed, constructed and maintained in accordance with the County of Orange Grading Code. 3 A Master Drainage and Runoff Management Plan was approved by the County of Orange in December, 1989. Amendments will be prepared for all future development projects located outside the area covered by this Master Plan. Newport Coati LCP Second Amcndmem December 3. 1996 1 -3.27 K. RUNOFF POLICIES r The Runoff Policies which follow provide the framework for the preparation of a "Master Drainage and Runoff Management Plan ". This Plan shall be submitted to the County of Orange for review r and approval concurrent with the first Coastal Development Permit application as required by LCP Subsection II- 3- 13 -11t I. Peak flood discharge rates of storm water flows in the major streams shall not exceed the peak rates of storm water runoff from the area in its natural or undeveloped state, unless it can be demonstrated that an increase in the discharge of no more than 10% of the natural peak rate will not significantly affect the natural erosion beach sand replenishment process. 2. Drainage facilities shall be designed and constructed in accordance with the County of Orange Flood Control District Design Manual. i 3. Storm runoff water shall be directed to storm drains or suitable water courses to prevent surface runoff from damaging faces of cut and fill slopes. 4. Adequate maintenance of retention basins shall be assured as a precondition to the issuance of grading permits. 5. Natural drainageways will be rip- rapped or otherwise stabilized below drainage and culvert discharge points in accordance with County of Orange policies. 6. Runoff from development will be conveyed to a natural drainageway or drainage structure with sufficient capacity to accept the discharge. t A Master Drainage and Runoff Management Plan was approved by the County of Orange in December. 1989. Amendments will be prepared for all future development projects located outside the area covered by this Master Plan. Newport Coats LCP Second Amendment December 3. 1996 1 -3.28 L. GRADING POLICIES 1. Prior to implementation level development approvals (i.e., tentative tract, site plan, etc.), the applicant shall submit soils engineering and geologic (if appropriate due to slope conditions) studies as necessary to the Manager, County of Orange EMA Development Services Division (DSD). These reports will assess potential soil related constraints and hazards such as slope instability, settlement, liquefaction, or related secondary seismic impacts as determined appropriate by the DSD Manager. All reports shall recommend appropriate mitigation measures and be completed in the manner specified in the County of Orange Grading Manual and State /County Subdivision Ordinance. Pursuant to the Orange County Grading Code, the permit applicant shall provide a schedule showing when each stage and element of the project will be completed, including estimated starting and completion dates, hours of operation, days of week of operation, and the total area of soil surface to be disturbed during each stage of construction. 2. Grading allowed between October 15 and April 15 shall be subject to the Erosion, Sediment, Runoff, and Grading Policies herein and the provisions of the County of Orange Grading Code. 3. Temporary stabilization techniques may be used on areas which will be redisturbed during future construction. Permanent stabilization techniques must be used in all other areas. 4. Disposal of earthen materials removed during any development operations shall be as follows: a. Topsoil for later use in revegetation shall be stockpiled on the site in previously designated areas approved by the permit - issuing authority. Runoff from the stockpiled area shall be controlled to prevent erosion. b. Other earthen material shall be disposed at locations approved by the permit issuing authority. c. Except for necessary drainage improvements and /or erosion control modifications, no materials shall be placed within the 100 year flood -plain of coastal waters and /or streams. Ne pon Coast LCP Second Amendment December 3. 1996 1 -3.29 5. Where construction activities during the rainy season would involve substantial foot or vehicle traffic, or stockpiling of materials in a manner that would prevent establishment of temporary vegetation, alternative temporary stabilization methods shall be used. r- 6. All cut and fill slopes in a completed development involving grading shall be- stabilized through planting of native annual grasses and shrubs, or appropriate non - native plants valuable for erosion protection. All cut and fill slopes shall be planted under the direction of a licensed landscape architect, sufficient to provide a mixture of deep rooted permanent plants and nursery T crops valuable for temporary stabilization. 7. Removal of natural vegetation will be limited to graded areas, access/hauI roads, and areas required for fuel modification. Construction equipment shall be limited to the approved area to be disturbed except for approved haul roads. 8. All residential Planning Areas: The visual effect of grading required for housing will be minimized and /or mitigated by contouring as follows: _.. a. A smooth and gradual transition between graded and natural slopes will be maintained. b. A variety of different slopes will be used to reflect a natural appearance. 9. In PA 3A and PA 313, houses adjacent to Pacific Coast Highway will be separated from Pacific Coast Highway by a change in grade. 10. In PA 9, cuts and fills will be balanced on -site. 11. In PA l0A and PA 1013, the visual effect of grading will be minimized and /or mitigated by contouring as follows: a. For final slopes, the angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Ncwport Cout LCP Second Amendment December 3, 1996 I -3.30 b. For final slopes, sharp, angular forms shall be rounded and smoothed to blend with the natural terrain. 12. Grading shall be allowed in those portions of PA 5, PA 6, PA 12A, PA 12B, PA 12C, PA 12D, and PA 17 to the extent required to accommodate road alignments, connections, and /or improvements as provided in a Coastal Development Permit(s) for any such road project(s). 13. All grading will conform to the County of Orange Grading Ordinance. M. DEVELOPMENT /OPEN SPACE EDGES POLICIES The edge conditions throughout The Newport Coast vary greatly and the lines shown on the Land Use Plan show approximate development/open space boundaries which will be more precisely located with subdivision map submittals. Along appropriate edges of PA 11A, PA 12A, PA 17, and PA 2113, one or more of the following or other treatments will be used to protect open space and habitat values from development, protect public views, and /or provide fire safety. 1. Landscape screening (including low walls, shrubs, and /or trees) and topographic screening (including berms and contour grading) will soften development edges visible from public areas. 2. In PA 3A, PA 3B and PA 14, the building setback from Pacific Coast Highway will be 100 feet for landscaping and buffering purposes. 3. In PA 6, where dwelling units are proposed on ridgelines and within 200 feet of the boundary of public recreation lands, setbacks, landscape screening, and topographic screening will be used to soften the visual impact of development as viewed from public lands. 4. Where development adjoins coastal scrub and chaparral in dense stands, an "ecotone" area will be created by thinning out woody plants in the buffer zone. Within the "ecotone" area grasses will be introduced or allowed to invade the open spaces. Such an "ecotone" will enhance and Newport Coast LCP Secant Amendment Dccember3. 1996 I -3.31 protect wildlife and reduce fuel for fires, and will utilize either native California or non - invasive non - native plants. The establishment and maintenance of the "ecotone" area shall conform to r the requirements of the County of Orange Fire Marshall. S. Fuel modification, including selective thinning of natural vegetation, clearing and revegetation, introduction of fire resistant vegetation, installation of irrigation, may be required in order to .1 ensure an appropriate transition from the natural area to urban development. t • Reasonable efforts will be made in the siting of structures and selection of construction materials to minimize the need for fuel modification. • Where feasible and consistent with habitat management objectives, fuel modification will be located toward the development side of the edge. • Grading or discing for fuel modification shall not be permitted. 6. A program of fuel modification zones and /or firebreaks shall be formulated as required. The width and type of the fuel modification zone will be determined by the siting of structures, access of firefighters, density of vegetation, terrain, direction of prevailing breezes, etc. 7. Appropriate fire protection for structures in high fire - potential areas in The Newport Coast Planned Community shall be provided by using fire- resistant building materials and adequate setbacks when required on natural slopes. The County- adopted "Fire Prevention Planning Task Force Report" shall be used as the basis for fire- prevention, subject to the following standards and fuel modification descriptions: a. Fire hazard potentials shall be determined for projects proposed within the hillside areas by a landscape architect. Factors such as types and moisture content of existing vegetation, prevailing winds, and topography shall be used to determine areas of fire hazard potential. Areas shall be ranked and mapped to identify fire prevention treatments and fuel modification zones. (For example, low fire hazard areas are located where existing vegetation has a year- around high moisture content and the topography is relatively flat. Nmpon Coast LCP Second Ammdmenr December 3. 1996 1 -3.32 Steep narrow canyons have a much higher fire hazard potential because heat and winds concentrate to drive the fire upwards much like a chimney.) b. A combination of techniques, including required building materials such as tile roof treatments, setback restrictions for combustible construction, irrigated buffer zones, and graduated fuel modification zones which entail selective removal of a percentage of the vegetative fuels, shall be used to lessen fire hazards. The minimum amount of native vegetation shall be selectively thinned to control the heat and intensity of wildland fires as they approach a residential area while preserving to the maximum extent feasible the quality of the natural areas surrounding the site. c. A Fuel Modification Plan shall be required and approved by the Director of Planning /EMA prior to obtaining any building or grading permits. The Plan shall identify appropriate setbacks and widths of fuel modification, amounts and types of vegetation to be removed and retained, and specify proposed irrigation methods to reduce the risk of fire in hillside areas. The Plan shall be approved by the Orange County Fire Department prior to submittal to the Director of Planning /EMA. d. Fuel Modification Plans shall be prepared as a condition of development to protect as much of the existing native vegetation as possible while providing adequate protection for residential structures from fire hazards. In no event shall thinning of more than 30% of native vegetation extend beyond 170 feet from the outward edge of residential structures (or 150 feet from the 20 -foot backyard setback) in the extreme fire hazard potential areas. Fuel modification shall not occur beyond 250 feet from the 20 -foot backyard setback in the extremely hazardous zones. Fuel modification in low fire hazard potential areas shall not extend more than 175 feet. Minimal irrigation during dry periods and fire represent sprinklers for native vegetation are preferred methods to reduce the width or area of fuel modification. The intent of the Fuel Modification Plan is not to create a static 250 -foot wide band surrounding development, but rather an undulating width that reflects topography and fire Ne por[ Cow LCP Second Amendmcm Dccember 3.1996 I -3.33 hazards potential. The band shall be as narrow as possible to protect proposed structures, but in no event wider than 250 feet in extreme hazardous areas. e. No combustible structures including, but not limited to, houses, wood decks, sheds, gazebos, and wood fences shall be located within a 20 -foot backyard setback as measured from the outward property line. Irrigation systems must be installed and operated within this setback to ensure a reasonable moisture content in planted areas. f. Annual maintenance shall be addressed in the Fuel Modification Plan approved as part of the Coastal Development Permit Procedure specified in LCP Chapter II -10. A public hearing shall be required to assure compliance with fuel modification standards and guarantee that the least amount and correct species of vegetation are thinned in accordance with the approved Fuel Modification Plan. Fuel Modification Plans proposing vegetation alterations within the PC (CD) District Appeals Jurisdiction may be subject to appeal review by the California Coastal Commission as provided for in the PC (CD) District Regulations. g. As a condition of Final Tract Map approval, project developers shall record deed restrictions that acknowledge the fire hazard potential and assign responsibility for maintenance of fuel modification zones and programs. h. Access roads, trails, or fire roads may be located within fuel modification areas to reduce alteration of native vegetation. i. The risk of fire adjacent to PA 9, the golf course, and other lower /landscape areas is substantially less than that at the tops and upper slopes of ridges. Therefore, a limit for fuel modification in this area shall be 150 feet from any habitable structure. In no event shall grading occur in the Conservation Planning Areas, and any vegetative thinning and /or replanting shall be limited to within 150 feet of the structure. Likewise, this is the maximum distance for fuel modification and flexibility for narrower widths is appropriate. Newport Coin LCP Smond Amendmem December 3. 1996 I -3.34 I 8. Where native specimen vegetation is retained within fuel modification areas, these areas shall be properly maintained to minimize fire risk. 9. Fuel breaks necessary for the protection of life and property as determined by the County Fire Marshall shall be provided for development areas. Fuel modification shall be limited to zones established adjacent to proposed development. Graduated clearing and trimming shall be utilized within these zones to provide a transition between undisturbed wildland areas and the development edge. Clearing or removal of native vegetation for fuel modification purposes shall be minimized by placement of roads, trails, and other such man-made features between the development and wildland areas. To minimize fuel modification area, other techniques (such as perimeter roads, design techniques, elimination of wood balconies and decks, fire retardant siding and tile roofs) shall be incorporated in the design and development of projects. 10. Adequate roads, water sources, and needed fire protection services shall be provided concurrent with development, located within or immediately adjacent to the developed area. Newport Coast LCP Second Amendment Deeesnber d. 1996 I -3.35 CHAPTER 4 DEVELOPMENT POLICIES A. TOURIST COMMERCIAL POLICIES 1. PELICAN HILL DESTINATION RESORT (PA 13A, PA 13B, PA 13C, PA DD, PA 13E, AND PA 1331) a. Principal permitted use for Coastal Act purposes includes overnight/resort accommodations (such as hotel and motel rooms, casitas, resort and time -share condominiums), and uses ancillary to and directly supportive of overnight/resort accommodations, including retail commercial, service commercial, conference and meeting facilities ancillary to the accommodations, recreation and health facilities, golf courses, parking facilities in surface and /or subterranean structures, and other support facilities normally associated with resort hotels such as food preparation, housekeeping, maintenance, and manager's areas. b. Principal permitted uses and accessory uses, including accommodations, resort facilities, and the golf course clubhouse but excepting parking facilities and day -use commercial facilities specified in (c) below, shall be allowed up to a total of 2.66 million square feet. Within this total area, the following intensity of use criteria shall apply: 1) No one of the Planning Areas PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, or PA 13F shall contain more than 60,000 square feet of single, continuous primary ballroom/exhibition space. ( "Single, continuous primary ballroom/exhibition space" denotes one large -scale meeting /convention area and does not include the square foot- age of conference facilities with smaller individual meeting rooms.) 2) In these six Planning Areas, the total square footage of conference and meeting space, including primary ballroom/exhibition space and individual meeting rooms, shall not exceed 140,000 square feet. 3) A total of 1,900 overnight/resort accommodations are allowed. Newport Coav LC? Second Amendment Dccembcr3, 1996 I-4.1 4) Within Planning Areas PA 13A -13F and PA 14, there shall be a maximum of 2,150 overaighttresort accommodation units. Of this total, (1) no more than 1,800 units may be individually owned; and (2) at least 350 units shall be hotel, motel or other non- individually owned, non - timesharing condominium resort accommodations. Coastal Development Permits for individually owned and timesharing condominium overnighttresort accommodations shall be conditioned to require contracting with a management company or companies to supply rental services to the project (e.g., advertising of units to the general public, taking reservations for the general public, housecleaning, guest check -in, security, etc.). 5) Casitas shall be counted as follows with respect to the maximum 1,900 permitted overnight/resort visitor accommodations: a) Casitas with one or two bedrooms shall be considered one (1) overnight/reSort accommodation; and b) Casitas with 3 or more bedrooms shall be considered two (2) overnight/resort accommodations. c. Day -use retail commercial facilities, in addition to those included within hotels and other accommodations areas, are allowed, and will not exceed a total of 75,000 square feet of floor area. d. The architectural character of the resort area will be derived from Mediterranean hillside communities. Multi- storied structures will be varied in vertical and horizontal dimensions to reflect the hillside terrain. The building heights, setbacks, and site coverages set forth below and on Exhibit J have been designed specifically to create this Mediterranean character. The combination of building height limits, site coverage limits, and building setbacks will create a terraced effect by placing lower structures in front of higher structures, and will break up building masses by controlling the number and location of taller structures. e. Maximum building heights are designated by individual height zones on Exhibit J. I Ne%pon Coast LCP Second Amendment Decembes 3, 1996 1-4.2 i FELOC AM MOLL RESO R7 HEDONT WHES ° 0@@@ nd A° gR@ndglflSM Exhibit J The Newport Coast Local Coastal Program MOT' —` O SCAU DeownberlIM f. The following maximum building coverages are expressed as a percentage of each planning area's total gross acreage: + 1) The maximum building coverage (excluding parking structures) within each planning t^ area: I � 3 •i^ PA 13A: Overall coverage = 40% maximum L PA 13B: Overall coverage = 28% maximum PA 13C: Overall coverage = 50 %a maximum PA 13D: Overall coverage = 50% maximum P PA 13E: Overall coverage = 25% maximum PA 13F: Overall coverage = 20% maximum i 2) The distribution of maximum building coverage by various height categories, for any , structure or portion thereof, within the six planning areas is as follows: PA 13A: The 40% maximum is distributed as follows: Structures up to 50 ft. in height = 22% maximum; Structures up to 65 ft. in height 10% maximum; Structures up to 85 ft. in height = 6% maximum; and Structures up to 105 ft. in height = 2% maximum. PA 13B: The 28% maximum is distributed as follows: Structures up to 50 ft. in height = 20 %; and Structures up to 65 ft. in height = 8 %. PA 13C: The 50% maximum is distributed as follows: Structures up to 40 ft. in height = 32% maximum; Structures up to 60 ft. in height = 10% maximum; and Structures up to 80 ft. in height = 8% maximum. New9on Cowt LCP Second Amendment December 3, 1996 1-4.4 i PA 13D: PA 13E: PA 13F: The 50% maximum is distributed as follows: Structures up to 40 ft. in height = 32% maximum; Structures up to 60 ft. in height = 10% maximum; and Structures up to 80 ft. in height = 8% maximum. The 25% maximum shall all be in structures up to 35 ft. in height (i.e., no further distribution by height). The 20% maximum shall all be in structures up to 35 ft. in height (i.e., no further distribution by height). 3) Minimum building setbacks from Pacific Coast Highway PA 13A: All structures will be a minimum of 300 feet from PCH. Structures in excess of 30 feet in height and up to 85 feet in height will be a minimum of 350 feet from PCH. Structures in excess of 85 feet in height will be a minimum of 550 feet from PCH. PA 13B: Structures in excess of 50 feet in height will be a minimum of 1,350 feet from PCH. PA 13C/ Structures in excess of 40 feet in height will be a minimum of 1,600 feet PA 1317: from PCH. PA 13D/ Structures in excess of 40 feet in height will be a minimum of 2,800 feet PA 13E: from PCH. 4) Terracing Criteria a) Planning Area 13A: Consistent with Exhibit J and the overall site design ultimately required for a Coastal Development Permit application, lower structures shall be located in front of higher structures so as to present an architectural terracing effect as structures step back from Pacific Coast Highway. Neupon Coast LCP Second Amendment December 3. 1996 I -4.5 b) Planning Area 13B: Consistent with Exhibit J and the overall site design ultimately required for a Coastal Development Permit application, lower structures shall be located in front of higher structures so as to present an architectural terracing effect as structures step back from Pacific Coast Highway. I: Landscape Screening t.. Landscape screening in the form of earth berms, edge planting along Pacific Coast Highway, golf course landscaping, and hotel landscaping will all combine to act as screening to soften building massing as viewed from Pacific Coast Highway. g. Access will be from Newport Coast Drive via a network of local roadways. h. Minimum landscaping for each site shall be 15% of the net area of the site. i. Minimum building setback from Newport Coast Drive will be 50 feet. Minimum setback for surface parking from Newport Coast Drive will be 10 feet. j. Grading of the Tourist Commercial sites will create a smooth and gradual transition between new and existing grades. k. Grading of Tourist Commercial sites may be done concurrently with grading for the golf course to balance cut and fill within the resort area and to reduce the total amount of time during which major grading operations will need to be conducted. 1. The landscape treatment will reinforce the architectural elements of the Tourist Commercial sites within the natural and cultivated landscape of the golf course. m. A shuttle service for visitors will connect the visitor- serving areas with each other and with the John Wayne Airport. A ::osu LCP See nd Amendment 19% I-4.6 i 2. LOWER WISHBONE (PA 14) a. Principal permitted use includes overnight/resort accommodations and uses ancillary to and directly supportive of overnight/resort accommodations, including rooms, retail commercial, and service commercial uses, and incidental and other support facilities normally associated with resort hotels such as food preparation, housekeeping, maintenance, and manager's areas. b. Incidental and accessory commercial development shall include only uses supporting and directly relating to the adjacent park, overnight/resort accommodations, and recreational visitor activities. c. Maximum number of overnight/resort accommodations (i.e., hotel or motel guest rooms or casitas) shall be 250. Within Planning Areas PA 13A -13F and PA 14, there shall be a maximum of 2,150 overnight/resort accommodation units. Of this total, (1) no more than 1,800 units may be individually owned; and (2) at least 350 units shall be hotel, motel or other non - individually owned, non - timesharing condominium resort accommodations. Coastal Development Permits for individually owned and timesharing condominium overnight/resort accommodations shall be conditioned to require contracting with a management company or companies to supply rental services to the project (e.g., advertising of units to the general public, taking reservations for the general public, housecleaning, guest check -in, security, etc.). d. Principal permitted uses and accessory uses, including overnight/resort accommodations and all directly supporting commercial facilities but excluding parking facilities and the day -use commercial described in (f) below, shall not exceed a total of 300,000 square feet. Within this total area, Planning Area PA 14 shall not contain more than 18,750 square feet of meeting space. e. Casitas shall be counted as follows with respect to the maximum 250 permitted overnight/resort visitor accommodations: Newport Cass, LC? Smond Amendment December 3. 1996 1-4.7 1) Casitas with one or two bedrooms shall be considered one (1) overnight/resort accommodation; and r 2) Casitas with three or more bedrooms shall be considered two (2) overnighttresort accommodations. f. Day -use retail commercial facilities, in addition to those included within hotels and other accommodations areas, are allowed and shall not exceed 25,000 square feet of floor area. g. Maximum height of structures shall be 35 feet, except towers, gables, spires, flag poles, chimneys, mechanical equipment, and architectural features will have a maximum height of 47 feet. h. Maximum building site coverage (excluding parking structures) shall be 50 %. i. Minimum site landscaping shall be 15% of the net area of the site. To minimize to the extent practicable any views of the hotel parking areas from inland portions of Crystal Cove State Park, landscape screening shall be provided parallel to the perimeter of parking areas in Planning Area PA 14 which border Muddy Canyon. j. Minimum building setback from PCH is 100 feet. Surface parking is permitted in setback area. 3. LAGUNA CANYON (PA 20A) a. Principal permitted use includes retail commercial, service commercial, commercial recreation, and incidental and accessory uses supportive of and directly related to permitted uses and/or public works facilities. b. Principal permitted uses and accessory uses shall not exceed a total of 75,000 square feet of floor area. Newport Coast LCP Second Amendment December 3. 1996 1.4.8 f c. Access to the tourist commercial facilities will be directly from Laguna Canyon Road. d. The maximum height of facilities will be one -story and thirty-five (35) feet. e. Vegetation and drainage courses in Category D ESHA's will be altered or eliminated. f. Maximum building site coverage (excluding parking structures) shall be 45 %. g. Minimum setbacks: 1) Building from Laguna Canyon Road = 50 feet minimum; and 2) Surface parking from Laguna Canyon Road = 10 feet minimum. h. Prior to, or concurrent with the recordation of the first final development map in PA 20A, the landowner shall record an offer to dedicate PA 16A and PA 16B. Such offer shall be subject to immediate acceptance by the County of Orange for a period of three (3) years. In the event that the County does not accept the offer during that time period, said offer shall be available for acceptance by the City of Laguna Beach for a period of three (3) years thereafter. B. GOLF COURSE POLICIES 1. Planning Areas PA 10A and PA 10B will contain golf courses that will serve both visitors and residents. At least 50 percent of all golf course play will be reserved for visitors, including guests staying in on -site accommodations. To the extent that golf course, tennis court, and other recreational facility usage is not required to serve the recreational needs of visitors to uses located in Planning Areas PA 13A through PA 13F and PA 14, golf course, tennis court, and other play shall be made available to the public on an advance reservation basis. In order to minimize conflicts and allow efficient scheduling, a visitor play area may be separate from a resident play area. Newport Coast LCP Second Amendment December 3.19% 1-4.9 2. Principal permitted use includes golf courses, lakes, ponds, and associated drainage facilities, driving ranges, clubhouses, tennis courts, athletic clubs, and incidental and accessory commercial and non - commercial recreation facilities. Except for the golf course play area, driving range, and putting greens, all golf course related uses shall be included within the total square footage allowed for PA 13 uses. 3. Collector roads to serve visitor accommodations and other land uses sill be located in PA LOA. 4. Golf courses will be subject to a permanent open space easement upon completion. 5. As part of the review and approval of a coastal development permit for the golf course in PA LOA and PA IOB, a "Riparian Habitat Creation Program" (RHCP) will be submitted in accordance with the following criteria and the standards set forth in LCP Subsection II- 6 -E -82: a. Drainage profiles will be re- constituted and new riparian habitat will be established in selected drainage courses in PA LOA and/or PA 1113 totaling approximately 4,000 lineal feet and utilizing one or more of the following enhancement concepts (see Pelican Hill Drainage Habitats, Larry Seeman Associates, September 1986, provided in the Appendix to this LCP, for further definition of enhancement concepts): 1) Sycamore planting; 2) Willow planting; 3) Willow /mulefat establishment; 4) EIderberry riparian establishment; 5) Grade control; 6) Pocket riparian establishment; 7) Arroyo enhancement/establishment; and 8) Pond establishment. I RHCP finalized in Ianuary 1990 and installed with construction of the golf courses. Newport Coau LCP Second emeadmcnc December 7. 19% 1-4.10 i I t i { i 1 b. The Riparian Habitat Creation Program will ensure that runoff from the golf course and the water features of the golf courses will be used as sources of year -round water supply for the support of riparian vegetation enhancement in drainage courses identified in PA ]OA and PA 11B, and that any water supply required to supplement these sources for nourishment of riparian vegetation shall be provided. c. The Riparian Habitat Creation Program will specify an implementation schedule phased with the construction of the golf course. d. The Riparian Habitat Creation Program will specify a minimum width of 15 feet on both sides of the drainage course. Therefore, the minimum width of the drainage course will be 30 feet. e. The riparian drainage course shall include an understory similar to that found in Buck Gully and Los Trancos Canyon. Existing non - native plants shall be carefully removed only as necessary to retain the integrity of the riparian corridor. f. Water quality in the riparian drainage course shall be monitored. The monitoring program shall be submitted prior to coastal development permit approval for the golf course. C. RECREATIONlPUBLIC ACCESS POLICIES Land use policies concerning recreation and public access are applicable to specified planning areas only. Planning Area PA 17 contains 2,807 Crystal Cove State Park. A Public Works Plan has already been certified by the Coastal Commission for this planning area obviating the need to include separate policies in this LUP. Planning Areas PA 18, PA 19, PA 21A, PA 21B, PA 21C, and PA 21D accommodate the County's Irvine Coast Wilderness Regional Park as described in LUP Chapter 3. Recreation Planning Areas PA IIA, PA IIB, PA I2A, PA 12B, PA 12C, PA I2D, PA 12E, PA 12H and PA 12I adjoin Newpo"Cam LCP Smond Amcndmcne Dceember3. 1996 I -4.11 residential land use areas and preserve archaeological /paleontological sites and identified ESHA's in Buck Gully, Los Trancos/Muddy Canyons, and the frontal slopes of Pelican Hill and Lower Wishbone. Planning Area 12F contains the existing El Morro Elementary School and PA 12J r contains existing Laguna Beach County Water District facilities. Policies for these Planning Areas are also described in LUP Chapter 3. u Recreation Planning Areas PA 16A, PA 16B, PA 20B, and PA 20C are adjacent to Laguna Canyon Road: 1. LACUNA CANYON (PA 16A, PA 16B AND PA 20Bt) a. Principal permitted use includes parking facilities, educational and cultural facilities, i recreation support facilities, flood control and drainage facilities, and public utilities. USGS Drainage Courses will be filled in these sites. These three small parcels are adjacent t to Laguna Canyon Road. b. Access will be provided directly from Laguna Canyon Road. 2. PLANNT ING AREAS PA 12G AND PA 20C: a. Principal permitted use includes commercial recreation related to park use, specialty retail shops related to park use, restaurants and food sales serving visitors to the adjacent Regional and State Parks, educational and cultural facilities, gardens, staging areas and Regional Park support facilities. b. Principal permitted uses (excluding gardens) shall not exceed a total of 7,500 square feet of floor area directly related to and /or supportive of the 1) nearby parks and 2) recreational visitor activities. r The principal permitted uses in Planning Area 20B are subject to a deed restriction limited to open space under the provisions of an agreement with the County of Orange. Newpun Camt LCP Second Amendment ixeembm r. tsys I-4.12 c. The maximum height of facilities will be one -story and fifteen (15) feet for PA 12G and rwenry-five (25) feet for PA 20C. d. Maximum building site coverage shall be 12 %d. D. RESIDENTIAL POLICIES 1. GENERAL RESIDENTIAL a. All of the residential categories are described in terms of character, dwelling units, and density per gross residential acre. b. Residential categories may include public and private facilities compatible with the residen- tial uses, such as schools, libraries, post offices, museums, art galleries, parks, recreation facilities, and neighborhood commercial uses. c. Neighborhood commercial facilities within specified residential planning areas will be permitted up to a maximum of 10 gross acres with a maximum building floor area of 100,000 square feet. d. Prior to, or concurrent with, the recordation of final subdivision maps, designated open space areas within the subdivision will be subject to easements, dedications, CC &R's, or other mechanisms to ensure permanent open space use. 2. PELICAN POINT (PA 9) a. Primary structures within Pelican Point will be designed and supported so that the stability of such structures will not be affected by bluff erosion, assuming no shoreline protection, for a minimum of 50 years. Setbacks, deep foundation support, and /or other methods may be used subject to a geologic report and County approval. Newport Coat LCP second Amendment December d. 19% 1-4.13 b. Oceanfront setbacks will be subject to an open space easement as a condition of development approval. i c. Grading, as it may be required to establish proper drainage, install landscaping, construct trails and related improvements, protect adjacent development, repair bluff slopes, and improve bluff stability, may be permitted within the setback. d. Pelican Point will provide for a bluff top trail connecting Crystal Cove State Park, where _ topographic and geologic conditions permits. e. A smooth and gradual transition between graded and existing slopes will be maintained. f. The golf course in PA 10A and PA 10B north of Pacific Coast highway may be extended into PA 9 subject to the Golf Course Policies contained in the preceding LUP Section 1-4- B. Golf course usage may include related clubhouse and/or incidental and accessory golf course uses which shall be limited to a maximum of 10,000 square feet. Such golf course - related uses shall be included within the total square footage allowed for PA 13 uses, as provided for in Subsection A -I -b of this Chapter. If the golf course is extended into PA 9, the clustering of residential development shall concurrently be permitted in PA 9. Clustered residential use may include residential planned developments, condominiums, and stock cooperatives, subject to the Residential Policies conformed in this Section, and a maximum building height of twenty -eight (28) feet. 3. WISMO\TE RIDGE (PA 6) a. In order to protect the visual and habitat resources of Wishbone Ridge, residential development will be limited to a maximum of 75 single - family dwelling units and shall require a public hearing before the Planning Commission. b. Lot size will be a minimum average of 30,000 square feet. I The bluff top trail has been constructed. Neon Coast LCP Second Amendment beaua6ec 3, 1996 1-4.14 c. Access will be from a network of local roadways. d. Any necessary buffer or transition zones between PA 6 and PA 17 (i.e., Crystal Cove State Park) will be located within PA 17 in accordance with established easements. e. In order to maximize visual protection for public lands in the Wishbone Ridge area of Crystal Cove State Park, the subdivision of PA 6 shall assure that individual lots can be developed for single family homes in such a way as to maintain the existing undeveloped visual qualities (i.e., the visual character of the indigenous plant community) as viewed from the potential Moro Canyon Trail shown on Exhibit K. All lots within PA 6 shall be configured in such a way as to allow the future homeowner the ability to meet the aforementioned policy standard. In addition to applying this review standard at the subdivision stage, each permit application for development on these lots shall demonstrate how the individual lot development (structures and fencing) maintains the existing undeveloped visual qualities as viewed from the potential Moro Canyon Trail shown on Exhibit K. At the time of subdivision, all lots in PA 6 shall incorporate a building envelope which indicates the maximum building heights combined with necessary setbacks allowable on each parcel. The building envelope shall define the necessary combination of heights and setbacks applicable to each lot required to meet these policy standards and shall be reflected in the CDP and CC &R's for the subdivision. Development shall be sited so as to not be visible to persons located on the Moro Canyon Trail (or, if the Trail is not constructed at the time of subdivision, the proposed Trail located shown on Exhibit K). In a few cases this may be difficult to achieve, therefore, in these areas minor amounts of betming, landscaping, and the blending of exterior colors with indigenous plants and soils may be used to achieve the objective of this policy (i.e., maintain the existing undeveloped quality). The blending of slopes and use of variable slopes will be employed where reasonable to restore the natural appearpnce to the transition between the open space and graded areas. Night lighting shall be directed away from Crystal Cove Stare Park. Newport Coast LCP Second Amendment December 7. 1996 14.15 4!9, COASTAL ZONejs OWMARY 77 8 If 12 Nip BUILDING SMACK ---: y OCCASIONAL VARIABLE HEIGHT BERMS OR LANDSCAPE CLUSTERS FUHHORIM AREA (3 DIEVELOPHIEN7 EDGE 7RFU Ss@@nd Z%M(@ndgnW The Newport Coast Local Coastal Program + Cryst I i.'.. °./ Cove Cove State Par CANYON BOTTOM NEW = POTENTIAL TRAIL I Exhlb it K : ` 3.49H E. TRAINSPORTATION /CIRCULATION POLICIES The Transportation Element of the County General Plan has as its primary goal to: "Develop an integrated transportation system consisting of a blend of transportation modes capable of meeting the continuous need to move people and goods by private and public means with maximum efficiency, convenience, economy, safety, and comfort; and a system that is consistent with other goals and values of the County and the region." A primary purpose of this Element is to provide an Arterial Highway System providing maximum efficiency, convenience, and safety, which is implemented in a manner that requires the provision of those roadways to keep pace with development. A key policy for arterial highway development is to assign a high priority for roadway improvement/construction that would complete essential gaps in the Master Plan of Arterial Highways. The goals, purposes, and the policies of the Transportation Element of the General Plan have been reflected in this LCP. Capacity deficiencies already exist on Pacific Coast Highway and other roadways in the area surrounding the project. These deficiencies will increase to varying degrees with or without the project. However, the service levels will deteriorate to a greater degree without the project than with the project. With project implementation, there will be a substantial net increase in traffic capacity and a significant incremental improvement in level of service on both roadway links and intersections in this area. Without implementation of the project, regional commuting traffic is not offered alternate routes around capacity- deficient areas, and levels of service in these areas will continue to deteriorate from traffic related to regional traffic growth. Thus, the spirit and intent of the Transportation Element's policies to improve the level of service and operational characteristics in the area are met with this project. The Newport Coast LCP requires a significant commitment of financial resources early in the project to achieve these goals. In recognition of this financial burden to the landowner and the need to complete the project to amortize that investment, and of the importance of these traffic improvements Nmpon Coast LCP Second Amendment Occember3. 1996 1-4.17 to the County, it is the intent of the County and the landowner to enter into a development agreement or other mechanism. The policies that follow identify the specific assurances that the goals of the Transportation Element of the General Plan will be implemented: F, 1. ROADWAY LNi IPROVEN ENT5 Newport Coast Drive is designated as a 6 -lane major arterial. Pacific Coast Highway is designated as a 6 -lane major arterial highway from immediately north of Newport Coast Drive to the southern boundary of PA 14; and a 4 -lane primary arterial highway from Newport Coast Drive to the City of Newport Beach, and south of PA 14 at the City of Laguna Beach. The alignment for Newport Coast Drive is shown on the Land Use Plan (Exhibit F) and Exhibit L. The alignment for Pacific Coast Highway remains in its current location within the Plan; as shown on Exhibit F. Adjacent to The Newport Coast Project, Pacific Coast Highway will be widened to its master planned width in conjunction with adjacent Newport Coast development areas. Widening adjacent to State Park facilities.is robe completed by others. Typical sections for these roadways are shown on Exhibits M and N. 2. ROADWAY PHASING The construction of Newport Coast Drive, and Pacific Coast Highway widening improvements shall be implemented in a manner which is consistent with policies adopted in the 1981 Irvine Coast LCP. Newport Coast Drive shall be phased such that four travel lanes from Pacific Coast Highway to MacArthur Boulevard shall be completed'prior to issuance of the certificate of occupancy for development inland of Pacific Coast Highway which generates in excess of 4,560 Average Daily Trips (based upon daily trip generation from 100 low density residential units, 350 hotel rooms and 25,000 square feet of directly- related support commercial facilities approved in the previous LCP). Additional lanes of Newport Coast Drive within the project boundaries up to the maximum size of 6- lanes, shall be constructed at the time that Newport Coast development adjacent to Newport Coast Drive requires additional road capacity beyond the initial 4 -lanes to serve traffic generated by such development. Similarly, Pacific Coast Newport Coast LCP Second Amendment December 3. 1996 1 -4.18 J. A A -Ij I I V- NO Source: RBF, INIM,CA CoasW Deveiopnwt Pe Appcatlon *5-67-M ApW49d 12-9.87 Permit Issued 1-14438 OHMEMU Exhibit L O(OAVT DROVE The Newport Coast Local Coastal Program P07, NO Source: RBF, INIM,CA CoasW Deveiopnwt Pe Appcatlon *5-67-M ApW49d 12-9.87 Permit Issued 1-14438 OHMEMU Exhibit L O(OAVT DROVE The Newport Coast Local Coastal Program VARIES 44' 44' r i 9' 19' 12' 13' VARIES 13' 12' 19' 9' i '. r BASIC SECTION r j 120' r LEFT TURN LANE 9' 19' 12' t� 3' 10' 4' 13' 12' 19' 9' T- SECTION WITH LEFT TURN LANE 130' LEFT TURN LANES 9' 19, 12' 11 3' 1 10' 10' 4' 13' 12' 19' 9' ' SECTION WITH DOUBLE LEFT TURN LANE KIEWG°�Oo G°324 (-00Z%87 Exhibit M; ' The Newport Coast Local Coastal Program oxemon 3, M i 120' g'• d4' 14' 44' g'• 20' 12' I 12 `2 r 8' I "�""' � 8• IMPROVEMENTS BY OTHERS NEWPORT COAST J (EXCEPT ADJACENT TO PA 9) IMPROVEMENTS BASIC SECTION 102' 9'• 35' 14' 35' 9" —1 22' 13' 1 I IT 22' TRANSITION / EXISTING SECTION ,UNPAVED PARKWAY G° AC OIFOC C"OO BIr MOG WAY 3@@U @n@ The Newport Coast Local Coastal Program � oean .a im Highway will be widened consistent with 6 -lane major arterial standards in conjunction with adjacent development. Transitions on Pacific Coast Highway from 6 -lane major arterial standards to 4 -lane primary arterial standards shall occur immediately north of Newport Coast i Drive to the City of Newport Beach, and south of PA 14 to the City of Laguna Beach. A summary of the arterial roadway phasing policies for The Newport Coast development is provided on Exhibit O, "Irvine Coast Arterial Roadway Phasing Summary." 3. Typical sections for entry roads, collector roads, residential streets, and private driveways are shown on Exhibit P. Modifications to meet special site conditions or safety needs or to reduce .- impacts may be approved by the County of Orange. 4. Access to arterial highways from development will occur by means of primary, secondary, and emergency access points. 5. Access points on Pacific Coast Highway will be located in a manner to ensure safe and efficient traffic flows. Anticipated signalized access points serving development areas are shown on Exhibit W. Any additional access points shall be minimized to the extent feasible. 6. Residential areas may be served by private streets. 7. Arterial highways will provide access for public and private buses. Because of topographic constraints, no exclusive bus or HOV lanes are to be provided. 8. Commercial areas and /or the State Park will provide parking space for private (charter) buses and transit stops for public buses where feasible, 9. A regional Class II (on -road) bike trail will be Iocated along Pacific Coast Highway and Newport Coast Drivel. 3 Class R bike trails completed with the widening of Pacific Coast Highway and the construction of full improvements for Newport Coast Drive. Newpon Cout LCP Sewnd Arneudment , D"wber 3. 1996 1-4.22 F F* N,IV ']IIL] NEWPORT COAST ARTERIAL ROADWAY PHASING SUMMARY Newport Coast Local Coastal Proeram ROADWAY IMPROVEMENT 2 lanes of San Joaquin Hills Road - existing terminus to Newport Coast Drivel 4 lanes of Newport Coast Drive — from San Joaquin Hills Road to Development Area access.) 4 lanes of Newport Coast Drive — Pacific Coast Highway to MacArthur Boulevard.I 2 additional lanes on Newport Coast Drive (6) total between Pacific Coast Highway and San Joaquin Hills Road.I 1 additional southbound lane on Pacific Coast Highway — PA9 Frontage.) 1 additional northbound lane on Pacific Coast Highway from Sand Canyon Entry to Newport Coast Drive 1 1 additional northbound lane on Pacific Coast Highway between: 1) Crystal Cove State Park and Sand Canyon Entry;) and 2) Newplort Coast Drive and Corona Del Mar. TRIGGERING MECHANISM Pelican Hill /Pelican Ridge Development generating up to 4,560 ADT` (PAIA, PA1B, PA1C, PA2A, PA2B, PA2C). Occupancy of development inland of Pacific Coast Highway generating in excess of 4,560 ADT. * Adjacent Pelican Hill Frontal Slope Occupancy (PA13A, PA13B). Adjacent Pelican Point Occupancy (PA9). ** Adjacent Pelican Hill Frontal Slope Occupancy (PA13A, PA13B). Adjacent Pelican Hill Ridge /Pelican Hill Frontal Slope Development and adjacent Muddy Canyon Occupancy (PA13C, PA13D, PA14). Initial development inland of Pacific Coast Highway shall be limited to a 4,560 ADT [oral trip ceiling prior to the implementation Newport Coast Drive to MacArthur Boulevard. which equates to development allowed inland of Pacific Coast Highway in the 1991 LuP approval. Said initial development inland of Pacific Coast Highway shall be allowed in Planning Areas PAIA, PA1B, PA1C, PA2A, PA211. PA2C. PA3A, and PA318, as long as the total cumulative trip generation does not exceed the 4,560 ADT ceiling. a Implementation of Planting Areas PA3A, PA3B, and PA9 is not only subject to the applicable restrictions discussed in the previous footnote but is further limited to allow issuance ofbuilding permits in those areas only when the grading of Newport Coast Drive has started. Further, the amount of development, on a cumulative basis, for Planning Areas PA4A, PA48, and PA9 is to be limited so that the 101st occupancy permit cannot be issued prior to the opening of Newport Coast Drive through to MacArthur Boulevard. Roadway improvements have been completed. Newport Coast LCP Second Amendment December 3. 1996 1-4.23 �I I e 20• 20' a• 40' 19 ENTRY ROAD ENTRY ROAD es• ww COLLECTOR ROAD Q I K(W ruw RESIDENTIAL STREET <500AOT 10• io 20• PRIVATE DRIVES RESIDENTIAL ENTRY ROAD & RESIDENTIAL STREETS- ` FP09@ 9 aswhno The Newport Coast Local Coastal Program Exhibit P DegmpM ], 1996 J 10. Roadway design will generally reflect a rural rather than urban character. Where feasible, precise roadway alignments shall preserve the natural topography and avoid environmentally sensitive areas. 12. Modifications to existing roadway standards will be carefully considered where justified by safety and circulation conditions. 12. Where appropriate, sidewalks will not be required in Low Density and Medium -Low Density residential areas that abut open space areas. 13. Public vistas to the ocean will be afforded along Newport Coast Drive where feasiblet. 14. Roadway grading shall be blended into existing topography by contour grading, where feasible. Retaining walls and other structures may be used to minimize grading impacts. 15. Visibility of terrace drains will be minimized to the greatest extent feasible through landscaping. 16. Any landscaping on public roads will make a gradual transition to native vegetation where applicable. 17. Improvements to accommodate widening of Pacific Coast Highway shall be allowed, and constitute a principal permitted use in PA 3A, PA 3B, PA 9, PA 10A, PA IOB, PA 14, and PA 17. 18. In 1979, the County certified final EIR 267 for the San Joaquin Hills Transportation Corridor (State Route 73) and selected a locally - preferred route which would involve grading and construction in a small portion of the most inland area of coastal zone. This alignment will be under further review in a joint EIRIEIS currently being prepared with CalTrans as the lead agency for CEQA purposes and the FHWA as the lead agency'for NEPA purposes. The following policy provides for the grading area identified pursuant to EIR 267: I Completed with approval of CDP (CD 91- 007P), that permits three view parks along Newport Coast Drive. Newpon Coast LCP Second Amendment December 3. 1996 1-4.25 a. San Joaquin Hills Transportation Corridor: Improvements in the grading area identified in Orange County EIR 267 required to accommodate grading and construction for the San Joaquin Hills Transportation Corridor (SJHTC, SR 73) may be located in PA 2C and PA 6 when found consistent with the LCP in a Coastal Development Permit for the SJHTC, SR 73. 19. The policies below provide for grading and construction required for the .following project: a. Laguna Canvon Road: Improvements to accommodate the widening and/or relocation of Laguna Canyon Road shall be allowed in PA 16A, PA 16B, PA 20A, PA 20B, PA 20C, PA 21A, and PA 21B, provided that any such project is. the least environmentally damaging feasible alternative, as determined and approved by the California Coastal Commission. 20. Traffic management program measures, including but not limited to the following, shall be encouraged by the landowner, operators, and lessees as appropriate at all stages of project development and buildout. Each Coastal Development Permit within an individual planning area shall be accompanied by a description of specific traffic management program measures, as appropriate, which shall be carried out in furtherance of this policy: a. Vanpool and carpool programs which encourage and assist people in forming rideshare groups; b. Setting aside preferred parking for people who share rides; c. Operating shuttles to transit stops, airports, and selected points of visitor attraction from overnight/resort accommodations. The use of shuttles should be correlated with the buildout of visitor areas and real demand for shuttle services. Additionally, .project hotels shall make cars available for guest use in accordance with guest needs and accepted hotel management practices; Ne pon Coan LCP SCCOW Am<0.Em<nl D=mher 3. M6 I -4.26 d. Setting up "transportation stores" to disseminate information on bus schedules and ridesharing; e. Construction of pedestrian and bicycle paths connecting areas of interest, in accordance with County management policies and golf courselresort management needs; f. Establishing efficient signal timing to speed traffic flows; g. Within the policies of the appropriate transit provider, encourage increased frequency and range of public transit, and; h. Providing bus - related transit facilities, where appropriate, such as bus shelters, bus pullouts, and bus turnarounds. 21. Recognizin; that Pacific Coast Highway is subject to complex regional impacts, the Growth Management Program is defined in IAP General Provision Subsection II- 3 -A -9. Therefore the AMR procedure in relationship to this project's traffic impacts focuses only on the link traffic volumes of Newport Coast Drive within the Coastal Area. For each year that the Orange County Annual Monitoring Report indicates that segments of Newport Coast Drive located within The Newport Coast Planned Community are shown to be operating at traffic conditions worse than Level of Service "C" during commuter A.M. /P.M. peak hours (i.e., an .SO v/c ratio or greater for an average peak hour weekday condition), the landowner shall prepare and submit a report to the County EMA to be approved by the Planning Commission containing the following information: a. An analysis that determines the source of the trips on the roadway link(s) in question by quantifying: 1) the number of trips which are directly attributable to development located within Planning Areas PA 1 through PA 10, PA 13, PA 14, PA 16 and PA 20; and 2) the remaining number of trips which are regional, through traffic, or traffic generated from other sources; and Newport Coast LCP Second Amcndment December3, 1996 1-4,27 b. If the analysis determines that the amount of trips generated by the above- referenced Newport Coast Planning Areas is 10% or more in excess of the trip generation projections estimated for equivalent levels of development in the "Irvine Coastal Areas Traffic Analysis" (Austin -Foust Associates, Inc., February 1987) then the report shall include an analysis of the traffic mitigation measure currently being implemented and recommend additional feasible mitigation measures which would be implemented within the LCP development area to further reduce project generated trips. The highway improvements and phasing as defined in this Section E and on Exhibit O, which are required by this LCP, have been determined to be of significant public benefit beyond normal project requirements so as to meet the objectives of the County's Growth Management Policy. Consistent with this LCP, highway improvements and implementation of the Growth Management Program identified above will be incorporated into subsequent agreements, if any, between the landowner and County. :22. To the maximum extent feasible, heavy construction traffic (i.e., dirt moving equipment, dump trucks, and cement trucks) will access the Newport Coastal properties of Pelican Hill from Newport Coast Drive. Construction traffic for Pelican Point, Wishbone, and Pacific Coast Highway widening requiring access from Pacific Coast Highway will be restricted on Pacific Coast Highway to periods of non -peak traffic. The applicant shall provide on -site parking for construction vehicles working adjacent to the Pacific Coast Highway as soon as possible to minimize impacts on PCH. F. PUBLIC W'ORKSIINFRASTRUCTURE POLICIES 1. All public works /infrastructure collection, distribution, and drainage facilities within residential and commercial areas necessary to support designated land uses from these systems are principal permitted uses under this Land Use Plan. Newpon Coup LCP Se nd Amendmem Dm m0er 3. 1996 1 -4.28 2. Exhibits Q, R and S illustrate the concept plans for backbone water service, sewer service, and drainage facilities, respectively. These concept plans were prepared with the most current information available but are subject to refinement at more detailed stages of planning. Necessary above - ground public works, infrastructure, and utility facilities will be located and designed to minimize visual impacts. 3. All necessary water service improvements, including pipelines, booster stations, and other facilities will be designed in conjunction with the final tract maps. 4. The water system will be designed to provide adequate fire flows. Water reservoirs may be located above ground. 5. Two water storage and transmission facilities will be located in Conservation areas to serve fire and domestic needs of adjoining development, both existing and proposed. One is currently located on the lower portion of one of the ridges in PA 17. The other will be located on the lower portion of the ridge in PA 21. 6. All necessary sewer service improvements, including pipelines, pump stations, and other facilities will be designed in conjunction with final tract maps. 7. All necessary drainage improvements, including storm drains, detention basis within drainage courses, and other facilities will be designed in conjunction with final tract maps. Nmpo" Coan LCP Second Amefdmem Dn=ber 7. 19% 1 -4.29 ctyd NewpMBeaCh '�•. ,�ri� ' 76�' i ♦ � o'g• 3 •. t• 3♦ tic 0 t• ,no ,a 'eligrt Poinl W i cys� cope , ♦ :� � . go Reet Pant P A C I P i C O C E A N �V` ra - su - ' Bpi y♦ 1 i 48 ; 12C r i do Crystal co--e state Pant 9 % ,7 r A to tsar .. 21A l V 168 Zia Qa l�O I m� I _ tapGur�e�eedt ACK WHE WAM MR ,S@ @@ nd Amnl dgi Qm E)NbR Q The Newport Coast Local Coastal Program °® oecaroera two _ LEGEND RECLAIMED WATER RESERVOIR COASTAL ZONE BOUNDARY F—*--1 WATER RESERVOIR E PLANNED COMMUNITY BOUNDARY © PUMP STATION PLANNING AREA BOUNDARY EXISTING PIPELINE r-2-1—A-1 PLANNING AREA WATER MAIN This is a 6rephic representation of a ptarrkV wgkveMpcatcepL Final desosoknlonsand prease boetlors for Otese tacftw wit be proposed arxi mowed as pan Of wbsegawtcown aPProvats• f. I 3 @ @@nd A @cnldm @M ExtlIb(t R The Newport Coast Local Coastal Program Eq Downt1a3. iON LEGEND Q LIFT STATION ... „.. SEWER EE FORCE MANN • • COASTAL ZONE BOUNDARY Q PLANNED COMMUNGY BOUNDARY EEED PLANNING AREA BOUNDARY rT1_A7 PLANNING AREA Pelican P A C I P I C QC o OO HIE D ° fl a[ AWE C (DHC FV)cF a@@@nd Amndgmm The Newport Coast Local Coastal Program LEGEND - -• STORM DRAIN [—e-7 ENERGY DISSIPATORS ® DETENTION BASINS COASTAL ZONE BOUNDARY EA1bR S Demito 3. toss PLANNED COMMUNITY BOUNDARY TNS is a Graphic wesentatim d aptaminy RIANNING AREA BOUNDARY &VIneeftcaVWL Final ditosaftisold 21A PLANNING AREA n*Acas part d subsequerd pan ep I 2� ORDINANCE NO. 096 -3974 3 AN ORDINANCE OF THE COUNTY OF ORANGE, CALIFORNIA 41 APPROVING ZONE CHANGE 96 -04, A PART OF THE 1 NEWPORT COAST LOCAL COASTAL PROGRAM SI The Board of Supervisors of the County of Orange, 6 California, does ordain as follows: 7 SECTION 1. This Board hereby approves the attached Zone Change No. 96 -04 as considered by the Board on December 3, 1996. a 9 IO II 13 13 14 W .. == 15 JO �W 16 W )�i Jo 17 I8 19 20 21 22 23 24 I' 25 ` N 26I N N O 27 1. 28 2 i 5 6 71 8 9 to 11 12 13 1.i 15 16 17 18 19 20 21 22 23 24 25 26 27 .4 SECTION 2. This ordinance shall take effect and be in full force thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after the passage thereof, shall be published once in the NB /costa Mesa Daily Pilot , a newspaper published in the County of Orange tat; of California, together with the names of the members of the oa d of S ervisors voting for or against the same. An of the Board of Supervisors Orange County, California SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHA3RMAN OF THE BOARD (SEAL) . , /M DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I, DARLENE J. BLOOM, Clerk of the Board of Supervisors of Orange County, California, do hereby certify that at a regular meeting of said Board held on the 'Ara day of nprgmbpr , 199 , the foregoing ordinance containing _ n+o sections was passed and adopted by the following vote: AYES: SUPERVISORS DONALD J. SALTARELLI, JAMES W. SILVA, AND ROGER R. STANTON NOES: SUPERVISORS NONE ABSENT: SUPERVISORS WILLIAM G. STEINER IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Board of Supervisors of Orange County, California, this 3rd day of December , 19% (SEAL) DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California 2. r R x F' r i.. IMPLEMENTING ACTIONS PROGRAM PLANNED COMMUNITY DISTRICT REGULATIONS CHAPTER The State of California Planning, Zoning and Development Laws of the Government Code, as articulated by the County of Orange Zoning Code and General Plan, require that all zoning be consistent with the General Plan and the Government Code. The Newport Coast LCP Implementing Actions Program (IAP) is specifically designed to • be consistent with and adequate to carry out the policies of the certified Newport Coast LCP Land Use Plan, and consists of the following Planned Community (PC) District Regulations and related provisions, procedures, definitions and descriptions, including the PC Zoning Map /Statistical Summary, the PC Development Map /Statistical Table, and referenced County of Orange Codes. Newport Coast LCP Saond Amendmem Deoc W3. 1996 II -1.1 EXI]IBIT T SECOND AMENDMENT PLANNED COMMUNITY STATISTICAL SUMMARY Newport Coast Local Coasral Program Note: See Exhibit X, Planned Community Statistical Table, for more detailed information. ' The maximum accommodations for each development increment will not be exceeded, nor will the total number of dwelling units and accommodations exceed the maximum permitted for the total Planned Community. Newport Coau LCP Seeand Amendment December 3. 1996 II -1.2 1. m A%mmsl DEVELOPNIV4T INCRENT LAND UsE GRoss ACREAGE Dweulug Acco >LNDDAit o1B PER DEvmon�T t Units INCReHE \T 1 IA,IB,iC,2A,2B,2C Residential 3A,3B,4A,4B,5,6,7A,7B, 8,9 TOTAL RESIDENTIAL 1,873 2,6001 10A,10B Golf Course 354 11A,11B, Recreation — Buck Gully, Los Trancos/ 1,485 12A,12B,12C,12D,12E,12F, Muddy Canyon, Pelican/Wishbone Hill Areas 12G,12H,12I,12J 17 Crystal Cove State Park 2,807 18,19 Irvine Coast Wilderness Regional Park 677 20B,20C Recreation Parcels Adjacent Laguna Canyon 20 Road 2 IA, 21B,2IC,12D,16A,16B, Conservation 2,000 Irvine Coast Wilderness Regional Park TOTAL OPEN SPACE/RECREATION 7,343 13A Tourist Commercial 52 1,100 1 13B 30 600 1 13C 37 750 1 13D 38 650 1 I3E 59 300 1 13F 14 0 1 14 30 250 1 20A 17 TOTAL COMMERCIAL 277 TOTAL Acres Within Planned Community 9,493 MAXIMUM Allowed Dwelling Units Within Planned Community 1 2,6001 MAXIMUM Allowed Accommodations Within Planned Community 1 2,150 1 Note: See Exhibit X, Planned Community Statistical Table, for more detailed information. ' The maximum accommodations for each development increment will not be exceeded, nor will the total number of dwelling units and accommodations exceed the maximum permitted for the total Planned Community. Newport Coau LCP Seeand Amendment December 3. 1996 II -1.2 1. Neap SMh CnWCam P A C I F I C O C E A N Nial OT Abalone CrysW Cm Sm Park PLANNED COMMUNITY ZONING MAP Second Amendment The Newport Coast Local Coastal Program LEGEND Q COASTALZONEBOUNDARt 0 PLANNED COMMUNMY BOUNDARY FLOOD PLAIN 2 ® FLOOD PLAIN 3 SCENIC HIGHWAY DISTRICT SIGN RESTRCTION DISTRICT ICt�' i w LaB eCh U Note: See Fifiibit W. Planned CaminnilY Development Map for more defiled Irdonnatlaa CHAPTER 2 PURPOSE AND OBJECTIVES These regulations are intended to govern the conservation and development of The Newport Coast Planned Community as a coordinated, comprehensive project in order to use large -scale urban planning to create a superior environment to comply with Section 30513(a) of the California Coastal Act of 1976. These regulations are consistent with and implement the General Plan and the Land Use Plan of The Newport Coast Planning Unit of the Local Coastal Program of the County of Orange. They are also intended to create a Newport Coast Planned Community Development Plan in compliance with Section 7 -9 -103, PC "Planned Community" District Regulations, of the County of Orange Zoning Code. These regulations propose innovative community design and site planning concepts for development, while protecting and managing large open space areas (approximately 77 percent of the site) that will be preserved through this Planned Community. These regulations also establish a logical and timely sequence for governmental review of development proposals. Discretionary permits and procedures are summarized below, and described fully in Chapter 10. A. COASTAL DEVELOPMENT PERMITS (CDP) Coastal Development Permits are required in accordance with County of Orange Zoning Code Section 7 -9 -118. A CDP implements the California Coastal Act of 1976, as articulated by The Newport Coast Local Coastal Program, and may be processed as a large -scale plan. A detailed Site Plan may also be subsequently required for certain development projects. B. ALTERNATIVE DEVELOPMENT STANDARDS With approval of a CDP, alternative development standards may be established without an LCP amendment where the standards pertain to: setbacks to residential streets; nonresidential highways or local streets; rear and side yard setbacks for development not bordering an open space or Newport C= LCP Second Amcndm= De ba3.1996 11-2.1 recreation area; building height (except for Planning Area PA 6) in areas not visible from Pacific Coast Highway; area per unit for residential inland of Pacific Coast Highway; walls and fences; landscaping other than along Pacific Coast Highway; signage; lighting; loading, trash and storage areas not visible from Pacific Coast Highway; vehicular driveways and sidewalks; outdoor storage areas; and /or modifications for off - street parking requirements in areas inland of Pacific Coast r Highway. Alternative development standards other than those specified above will require an LCP amendment. Allowable variations in Planning Area boundaries and related matters are governed by the provisions of Chapter I1 of this IAP. A CDP proposing to establish alternative development standards shall require a public hearing, with public notification, before the Planning Commission per Zoning Code Section 7- 9- 150.3(c) as adopted by the County at the time of Coastal Commission certification of this LCP. When a Coastal Development Permit proposes to establish alternative development standards, the burden of proof shall be on the project proponent. The alternative development standards may be approved when it is found that they will result in an equivalent or better project in terms of minimizing adverse impacts and enhancing public benefits to the immediate and surrounding community. C. PRINCIPAL PERMITTED USES Land uses listed in this IAP as principal permitted uses are considered to be within the category of "Principal Permitted Use" under the County of Orange Zoning Code Section 7- 9 -1I8, the California Coastal Act of 1976, in general, and Public Resources Code Section 30603 (a) (4), in particular. Ncwpon Coan LCP Second Amendmem December 3. 1996 II -2.2 N CHAPTER GENERAL PROVISIONS AND REGULATIONS A. GENERAL PROVISIONS 1. Except as specifically provided in this Implementing Actions Program, all construction and development within the project area shall comply with applicable provisions of the Uniform Building Code and the various related Mechanical, Electrical, Plumbing Codes, the Grading and Excavation Code, the Subdivision Code and Sign Code as currently adopted by the Board of Supervisors. In case of a conflict between those specific provisions and these regulations, the more restrictive shall prevail. 2. The building height requirements shall be as specified by each land use district of this Implementing Actions Program. The methods used for measuring building height shall be as stipulated in Chapter 12, Definitions, of this Implementing Actions Program. 3. All building sites shall comply with the provisions of the County of Orange Zoning Code Section 7 -9 -126, "Building Site Requirements ". 4. All conditions, requirements, and standards, indicated graphically or in writing as part of any approved discretionary permit or detail plan granted by authority of these regulations shall have the same force and effect as these regulations. Any use or development established as a result of such approved permit or plan but not in compliance with all such conditions, requirements, or standards shall be in violation of this Implementing Actions Program. The enforcement provisions of Section 7 -9 -118.7 and Section 7 -9 -154 are applicable to this Implementing Actions Program. 5. The meaning and construction of words, phrases, titles and terms used in this Implementing Actions Program shall be the same as provided in Section 7 -9 -21, Definitions, of the Zoning Code except as otherwise specifically provided herein (see TAP Chapter 12, Definitions). Newport Cout LCP Secant Ammdmwt Dmmber3, 19% II -3.1 6. This Implementing Actions Program is intended to regulate all development within The Newport Coast. In cases where sufficient direction for interpretation of these regulations is not explicit in the approved Land Use Plan and Implementing Actions Program, the County of Orange Zoning Code shall provide direction as determined by the Director. EMA. r- 7. The provisions of Zoning Code Section 7 -9 -145, Off - Street Parking Regulations, are applicable - to this Planned Community except where otherwise expressly listed as exceptions in Chapter 9, Off - Street Parking Regulations, of this Implementing Actions Program. 8. All discretionary actions permitted or required in this Planned Community shall be consistent with the types of permits listed in the CD "Coastal Development" District Regulation's Section 7 -9 -118 and Section 7 -9 -150 of the County of Orange Zoning Code. 9. An Annual Monitoring Report (AMR) shall be prepared and submitted in the fall of each year to the County of Orange Administrative Office and the Environmental Management Agency. The submittal of an AMR is required for conformance with the Growth Management Program of the Land Use Element of the County of Orange General Plan and the County's Annual Development Monitoring Program. The Board of Supervisors, in the annual adoption of the Development Monitoring Program, may identify significant imbalances between development projections and planned infrastructure or in the proportionate development of residential, commercial and employment land uses. The Board of Supervisors may defer subdivision approval within the Planned Community until approaches capable of resolving imbalances are proposed to and approved by the Board of Supervisors. The AMR will be the project proponent's opportunity to demonstrate mitigation measures and implementation strategies which will ensure adequate infrastructure for the community. With respect to Transportation/Circulation, this general provision may be implemented in such a manner as to reflect the provisions of a separate agreement as discussed in the LUP's Transportation/Circulation Policies Subsection I- 4 -E -22, provided that any such agreement is subsequently approved by the County and found by the County to be consistent with this Implementing Actions Program. Newport Coin LCP Second Amendment Deeen6er3, 1996 II -3.2 10. If any portion of these regulations is, for any reason, declared by a court of competent jurisdiction to be invalid or ineffective, in whole or in part, such decision shall not affect the validity of the remaining portions thereof. The Board of Supervisors hereby declares that it would have enacted these regulations and each portion thereof irrespective of the fact that any one or more portions be declared invalid or ineffective. B. SPECIAL DEVELOPMENT REVIEW PROVISIONS 1. Residential development within The Newport Coast Planned Community shall be limited to a maximum of 2,600 dwelling units. Compliance with the County's Housing Element will be demonstrated in the Housing Implementation Plan. To implement the County's Housing Element, the Housing Implementation Plan (HIP) shall be submitted to and approved by the Director, EMA, prior to the recordation of final tract map(s) which include more than a cumulative total of 500 residential lots or units within The Newport Coast Planned Communityt. 2. PLANNNING AREA/DVVELLING UNITS/DENSITY PER ACRE: a. The dwelling units and density permitted in any residential density category, (e.g., Low Density) shall apply to the overall Planning Area in the Planned Community designated in such a residential density category and shall not be literally applied to any particular division of that area. b. Computation of acreage for determining density shall be based on gross area. 3. PLANNING AREA BOUNDARIES: a. Except as otherwise indicated, dimensions are measured from centerlines of streets and highways. Completed with the County's approval of the Affordable Housing Implementation Plan — First Amendment. Newport Coast LCP Second Amendment Daeember3.1996 II -3.3 b. When a Planning Area boundary depicted on the PC Development Map is also an arterial highway and the arterial highway is realigned, the Planning Area boundary may be revised to coincide with the realigned highway. `• c. Adjustments in Planning Area boundaries resulting in an acreage change of I0% or less ;. of the total Planning Area for final streetthighway alignments, Iandscaping requirements, Fire Protection Edge Treatments and/or Urban Edge Treatments, geotechnical or engi- neering refinements to Coastal Development Permits, Site Plans, and /or Tentative and/or Final Subdivision Maps shall not require amendment of the PC Zoning Map and /or Statistical Summary, provided the types or intensity of land uses for each Planning Area as approved in the LCP Land Use Plan and the maximum dwelling units and overnight/resort accommodations indicated in the Statistical Table are not altered and such adjustments are consistent with the LCP Land Use Plan. d. Final Planning Area boundaries shall be established by a Coastal Development Permit, and refined by the Site Plan and /or Tentative or Final Subdivision Map approval. The boundary lines between Planning Areas within the same Land Use District may be adjusted, provided that the variation is consistent with the total acreage of Development and Open Space shown on the Planned Community (PC) Statistical Summary as provided for in Chapter 11 of this IAP, and does not result in development occurring within the proposed Irvine Coast Wilderness Regional Park dedication areas. e. Commercial and other nonresidential and residential uses and areas, to be located at inter- sections of streets or highways, shall be located to conform with final street or highway ` alignments without requiring an amendment of the Development Plan and Supplemental Text. f. The boundary between Planning Area PA 17 and Planning Areas PA 313, PA 4B, PA 6, PA 12B, PA 12C, PA 12E, PA 14, and PA 21D is intended to reflect the legal boundary of Crystal Cove State Park. Newpon Coast LCP Second Amendment December 7, 1996 II -3.4 4. ENVIRONMENTALLY SENSITIVE HABITAT AREAS (ESHA'S): Prior to, or coincidental with, the approval of any Coastal Development Permit for an area within 100 feet of an ESHA depicted on Exhibit H, compliance with LCP Land Use Plan, Environmentally Sensitive Habitat Area Policies Sections I -3 -D, 1 -3 -E, and I -3 -F shall be demonstrated. 5. GRADING: Grading plans for all projects in The Newport Coast Planned Community shall be consistent with the County of Orange Grading Code and LCP Land Use Plan Grading Policies Section I -3 -L. Grading plans shall be accompanied by geological and soil engineer reports, and shall incorporate all pertinent recommendations. The soils engineer and engineering geologist must certify the suitability of a graded site prior to clearance for issuance of a building permit. Grading will be permitted within The Planned Community outside of an area of immediate development provided that, a) grading shall be confined to the development planning areas shown on Exhibit F and, b) the Coastal Development Permit shows all areas of grading inside and outside of the immediate area of development. The landscape and grading plans shall include provisions for temporary erosion control consistent with LCP Land Use Plan requirements on all graded sites which are scheduled to remain unimproved between October 15 and April 15 of any year. 6. ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES: Prior toorcoincidental with the approval of a Tentative Subdivision Map, except for Large -lot Subdivisions for financial or conveyance purposes, mitigation programs for archaeological and paleontological resources established in accordance with the Board of Supervisor's Archaeological/Paleontological Policies and the LCP Land Use Plan's Archaeological Policies Section I -3 -G and Paleontological Policies Section I -3 -H shall be submitted to and approved by the Manager, County of Orange EMA- Harbors, Beaches and Parks /Program Planning Division (HBP /PPD). 7. DEVELOPMENT /OPEN SPACE BOUNDARY: Tentative Subdivision Maps, Coastal Development Permits, or Site Plans abutting an Open Space Planning Area shall provide for the following either on the Map or on an appropriate supplemental graphic or text in a manner consistent with LCP Land Use Plan's Development/ Open Space Edges Policies Section I -3 -M: Nexport Coast LCP Saond Amendment December 1, 19% II -3.5 a. Urban Edge Treatment: describing the interface treatment area between the urban and open space uses in a manner consistent with the LCP Land Use Plan; b. Fire Protection Edge Treatment.: including any fuel breaks or fuel modification zones r- in a manner consistent with the LCP Land Use Plan and the County of Orange Fire Protec- tion Planning Task Force Report; and F' i_ c. Additional Information: which the Manager, EMA HBP /PPD, deems necessary to r assure consistency with the LCP Land Use Plan and any conditions of approval applying to The Newport Coast Planned Community. S. AGRICULTURE: All existing and continuing grazing activities and uses, together with all accessory structures and uses which are customarily incidental or necessary to main buildings or uses, are permitted on an interim basis in accordance with LCP Land Use Plan's Resource Conservation and Management Policies in Chapter I -3. 9. AGRICULTURAL PRESERVE: The terms of the Agricultural Preserve contract which apply i to certain lands within this Planned Community shall remain in full force and effect until any such contract is canceled, expires, or is invalid under the Williamson Act as amended. 10. LOCAL PARKS: Local Park Implementation shall be as set forth in the Local Park Implementation Plan contained in the LCP Appendix, Item 5 or subsequently approved amendmentst. 11. MASTER DRAINAGE AND RUNOFF MANAGEMENT PLAN: As part of the review and approval of the first Coastal Development Permit(s), there shall be submitted to and approved by the Manager EMA Regulation, Development Services Division, a "Master Drainage and Runoff Management Plan" addressing in a comprehensive manner the following LUP Chapter 3 policy sections Z: 1 Completed with the County's approval of the Local Park Implementation Plan and subsequent amendment(s). 2 A Master Drainage and Runoff Management Plan was approved by the County of Orange in December, 1989. Amendments will be prepared for all development projects located outside the area covered by this Master Plan. NmVon Cam LCP Second Amendmmt D==ber 3, 1996 II -3.6 • Section I - Erosion Policies; • Section J - Sediment Policies; • Section K - Runoff Policies; • Section L - Grading Policies; and • Section E - Category "C" ESHA (Marine Life Refuge). Each of the above -noted policy sections shall be addressed in a comprehensive manner with respect to the proposed development including: 1) data on existing water quality and quantity; 2) assessment of project impacts on water resources, existing and proposed riparian habitats, and off -shore marine life; 3) identify mitigation measures and provide for implementation and long -term maintenance; and 4) monitoring program as determined necessary. The master drainage and RMP shall demonstrate conformance with the above -noted policies with specific emphasis on development impacts to the four sub-watershed/drainage areas summarized as follows and shown in Exhibit V: a. Development areas draining into Buck Gully; b. Development areas draining into Los Trancos Canyon; c. Residential, golf course, and resort areas draining across the frontal slopes of Pelican Hill and eventually discharging into existing drainages through Crystal Cove State Park; and d. Development areas draining into Muddy Canyon. Conformance with LUP Chapter 3 Policy Sections I -L shall be assured for drainage into Buck Gully, Los Trancos Canyon, and Muddy Canyon. In addition to these policies, conformance with LUP Chapter 3 Policy Section E shall be required for development affecting drainage across the frontal slopes of Pelican Hill. The site - specific analyses shall provide a comprehensive overview of the physical improvements and control measures for all development areas draining into each of the above sub- watershed drainage areas. Accordingly, mass - grading plans shall be reflected in the site specific analyses and shall be related to the aforementioned physical improvements and control measures addressing LUP's Erosion, Sediment, Runoff, and Grading Policies. At least forty-five (45) days prior to any final County action on the Master Drainage and Runoff Management Plan, the proposed Plan shall be submitted to State Parks for review and comment. At the time of the approval of the CDP and any associated CEQA review for such development areas, specific findings shall be made regarding conformance with individual policy requirements. Newport CO29 LCP Second AmmdM=[ Dw ber3,1996 II -3.7 MUBIMINUMM% /AREAS I M I UG I RUNOFF MM NO) FARN W Mil W The Newport Coast Local Coastal Program AW Past Exhibit V f--W-W"WMMMWI NOT TO SME DeOunw 3.1995 12. EROSION CONTROL PLAINS: All Erosion Control Plans shall include provisions for temporary erosion control on all graded sites which are scheduled to remain unimproved between October 15th and April 15th of any year, consistent with LCP Land Use Plan's Erosion Policies Section I -34 and Runoff Policies Section I -3 -K. 13. WATER AND SEWER: Water and sewer facilities shall be installed in accordance with an approved Plan of Public Works, prior to or concurrent with development. 14. ROAD STANDARDS: Prior to or concurrent with the approval of any Tentative Subdivision Map, Coastal Development Permit, or Site Plan, modification to County of Orange Road Standards may be considered in accordance with the LCP Land Use Plan's Transpor- tation/Circulation Policies Section 1-4 -E. Modifications to standards for local streets and collectors shall not require an LCP Amendment. 15. LOCAL STREET CONNECTIONS TO PACIFIC COAST HIGHWAY (PCM: In addition to arterial highway intersections, all potential local street connections to PCH planned for PA 3A. PA 3B, PA 9, and PA 17 are shown conceptually on the Planned Community Development Map. The connection shown between PA 3B and PA 14 may be located in either of the two Planning Areas. 16. BLUFF -TOP SETBACKS FOR PLANNING AREA PA 9: Primary structures in PA 9 will be sited consistent with Residential Policies Section I- 4 -D -31. 17. TRAIL REQUIREMENT FOR PLANNING AREA 9: New development in PA 9 will provide an area for a bluff top public trail which connects to Crystal Cove State Park, in a manner capable of accommodating the trail improvements required as a condition of Coastal Development Permit No. 5 -84 -188 issued by the California Coastal Commission on November 27, 1984. It will complement a trail system similarly located within the State Park'. The bluff top trait has been constructed. Newport Coin LCP Second Amendment December 3, l"6 II -3.9 18. TENIPORARY USES: Temporary special community events, such as parades, pageants, golf tournaments, community picnics, athletic contests, swim meets, and other similar uses, may be r permitted in any Planning Area, except Conservation and Recreation Planning Areas PA 18, PA 19, and PA 21 in The Newport Coast Planned Community, subject to approval by the Director, EMA. 19. LARGE -LOT SUBDIVISIONS: Large -lot subdivisions, for the purpose of financing or conveyance, may be approved when no parcel is smaller than 20 acres; provided the Subdivision or Parcel Map related thereto includes a declaration that the lots created are not building sites. This includes the subdivision of commercial visitor - serving (i.e., Tourist - Commercial) use areas. Installation of infrastructure improvements shall not be made a condi- tion of approval of these large -lot subdivisions but all parcels shall be subject to any overall grading, drainage, and erosion control conditions required to assure conformity with the LCP at the time of issuance of the Coastal Development Permit for the large -lot subdivision. 20. ANNEXATION /L 1CORPORATION: In the event of application for annexation or incorporation of all or part of The Newport Coast Planned Community, a revised Fiscal Impact Report shall be prepared by the petitioners to assess the cost/revenue impact of such annexation or incorporation on the County and on the special districts serving the property to be annexed or incorporated. 21. FLOODPLAIN DISTRICT: The FP "Floodplain" District Regulations will apply to The Newport Coast Planned Community in accordance with Section 7 -9 -48 and Section 9 -9 -113 of the County Zoning Code. 22. SCENIC HIGHWAY DISTRICT: The SH "Scenic Highway" District regulations will apply to The Newport Coast Planned Community in accordance with Section 7 -9 -119 of the County Zoning Code, except that a Coastal Development Permit, where otherwise required, may be processed in lieu of a Site Development Permit. Nmpon Coast LCP Sewnd Amendment Deeembee ], 19% II -3.10 23. ULTIMATE HIGHWAY ALIGNMENT: The ultimate Highway alignment for Newport Coast Drive shall reflect geotechnical and environmental factors and shall be in substantial conformance with the alignment shown in Exhibit L. 24. IRS BLOCKS: The Newport Coast Planned Community, encompasses all or portions of the following IRS Blocks 96, 129, 130, 131 A &B, 132, 133, 134, 161, 163, 164 A &B, I65, 166, 167, 181, 182, 183, and 185. 25. PUBLIC UTILITIES: Public utility buildings, structures, and facilities including, but not limited to, electrical, water sewage, telephone, and television, and their storage, distribution, treatment and/or production required to carry out development allowed in the LUP are permitted in planning areas in conformance with the LCP Land Use Plan's Policies Chapters 3 and 4. 26. FIRE STATION: Prior to the recordation of the first development map inland of PCH; the developer shall enter into an agreement with the County of Orange that includes the following a. The developer shall offer for dedication a site in the vicinity of Newport Coast Drive and the San Joaquin Hills Transportation Corridor to be specifically used for a fire station. Said location shall be to the satisfaction of the Manager of Fire Services of the Orange County Fire Department[. b. The developer shall participate proportionately in the construction of said fire station in a manner identified by the Manager of Fire Services of the Orange County Fire Department and approved by the Board of Supervisors. 27. LAGUNA CANYON ROAD: Improvements to accommodate the widening and/or relocation of Laguna Canyon Road shall be allowed in PA 16A, PA 16B, PA 20A, PA 20B, PA 20C, PA 21A, and PA 21B, provided that any such project is the least environmentally damaging feasible alternative, as determined and approved by the California Coastal Commission. Completed. Newport Coin LCP Smond Amendmem Dm mbes 3.1996 II -3.11 CHAPTER 4 RESIDENTIAL PLANNING AREAS A. LOW DENSITY RESIDENTIAL PLANNING AREAS PA6 PA 7A AND PA 7B 1. PURPOSE AND INTENT: The Low Density Residential Planning Areas of The Newport Coast Planned Community are established to provide for a range of single -family detached housing and lot sizes, as well as recreation uses, community facilities, community service facilities, and other uses and structures accessory to the principal uses. These Low Density Residential Planning Area Regulations are intended to implement the LCP Land Use PIan's Residential Policies Section I-4 -D, and are subject to the requirements of the LCP Land Use Plan's Policies in Chapters 3 and 4. 2. PRINCIPAL AND OTHER PERMITTED USES: The following principal and other permitted uses are permitted in all Planning Areas designated for Low Density Residential use subject to the approval of a Coastal Development Permit as provided in Chapter 10: a. Principal Permitted Uses Subject to Zoning_ Administrator Approval: 1) Detached single - family dwellings. 2) Community care facilities serving twelve (12) or fewer persons per Zoning Code Section 7 -9 -141. 3) Community facilities, including the following uses, and related and similar uses: a) Intra - community directional signs. b) Public and private parks (non - commercial). Newport Coati LCP Smond Amcndmcm December 3. 1996 11-4.1 c) Public and private (non - commercial) recreation centers and facilities including, but not limited to, swimming pools, tennis courts, and clubhouses. d) Riding, hiking, and bicycle trails. e) Security and maintenance facilities related directly to the residential community. 4) Communication transmitting, reception or relay facilities. b. Principal Permitted Uses Subiect to Planning Commission Approval: 1) Community and community service facilities including the following uses, and related and similar uses: a) Community centers. b) Community information centers. 2) In PA 6, equestrian centers limited to 50 horses maximum. 3) Residential Planned Developments per Zoning Code Section 7 -9 -110. c. Other Permitted Uses Subiect to Planning Commission Aonroval (these uses are appealable to the California Coastal Commission per County Zoning Code Section 7 -9- 118.6 (4) b): I) Community and community service facilities including the following uses, and related and similar uses: a) Churches. b) Fire stations. c) Schools. d) Public and private day care /nursery schools. Newport Caatt LCP Second Amendmem December 3, 1996 II-4.2 3. ACCESSORY PERMITTED USES: Accessory uses and structures are permitted when customarily associated with and subordinate to a Permitted Use on the same building site, per Zoning Code Section 7 -9 -137 except as modified in Subsection 6 of this Section, including: a. Garages and carports; b. Detached accessory structures such as greenhouses, gazebos, cabanas, and storage sheds; c. Swimming pools, therapy baths, water fountains, and related equipment; d. Covered patios and decks; e. Fences and walls; f. Tennis courts, parks, trails, greenbelts, and common areas; g. One guest cottage or caretaker unit per building site, limited to 1,500 square feet; on building sites of a minimum 10,000 square feet; h. Signs per Zoning Code Section 7 -9 -144; L Noncommercial keeping of pets and animals per Zoning Code Section 7- 9- 146.3; j. Home occupations per Zoning Code Section 7 -9- 146.6; and k. Non - commercial /non - profit art displays and galleries. Newport Coati LCP Second- Amendmem Decemb"3,1996 II-4.3 4. TEINIPORARY PERMITTED USES: Temporary uses are permitted in Residential Planning Areas subject to the requirements of County of Orange Zoning Code Section 7 -9 -136, Temporary Uses and Structures, and consistency with the LCP Land Use Plan. 5. PROHIBITED USES: a. The storage of vehicles, equipment, or products related to a commercial activity not permitted in this area; b. The keeping of pets or animals for any commercial purpose; c. Apiaries; d. Industrial and manufacturing facilities; and e. Uses not provided by Subsection 2 through 4 of this Section shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. 6. SITE DEVELOPMENT STANDARDS: a. Building site area: 1) In PA 6, PA 7A, and PA 7B: Thirty thousand (30,000) square feet minimum. b. Building site width: No minimum. c. Building height: Thirty-five (35) feet maximum, except special height provisions may apply to Planning Area PA 6 pursuant to LUP Subsection I- 4 -D-4e. Newport Com LCP Snot Ame,dmem December 3. 19% 11-4.4 d. Building site coverage: Fifty (50) percent maximum. e. Building setbacks: 1) From any street: Ten (10) feet minimum except garages and carports per Subsection 7 below. 2) Side: Ten (10) feet minimum for one side only, or ten (10) feet aggregate total for both sides. 3) Rear: Ten (10) feet minimum. 4) Patios: No attached or detached covered patio shall be located closer than three.(3) feet to a property line except the street -side property line of a comer lot, in which case a minimum distance of ten (10) feet shall be maintained. 5) Projections into required setbacks: Eaves, cornices, chimneys, balconies, and other similar architectural features may project a maximum of six (6) feet into any required front, rear, or side setback. 6) Miscellaneous provisions and exceptions unless otherwise specified: a) Attached accessory buildings shall be considered as a part of the main building; and b) Detached accessory buildings shall be located no closer than the setback required for the main building. 7) Garage and carport placement: The point of vehicular entry to a garage or carport shall be a minimum distance of seven (7) feet or less, or twenty (20) feet or more from the back of sidewalk, or, if there is no sidewalk, from back of curb. Newport Coati LCP Saond Amendment Dx btr 3. 1996 11-4.5 f. Fences and walls, maximum height provided that, for vehicular safety purposes, site distances are not obstructed:: r 0 f 1) Within areas where main buildings may be placed: ten (10) feet maximum, except for entry gates and other ornamental and architectural features, which may be a maximum of twenty -five (25) feet. 2) Within front setback area: six (6) feet maximum. 3) Within other setback areas: the maximum height shall be six (6) feet, except that this maximum may be exceeded when higher walls are required by the Director, EMA, for the purpose of noise mitigation or other health and safety measures. g. Off - street parking: Shall be provided per Chapter 9 of this IAP. h. Lights: All lights shall be designed and located so that light rays are aimed at the site. i. Gradin : Shall occur in areas averaging less than 30% slopes unless there are no other feasible, less environmentally damaging alternatives. j. Standards for local roads, including gradients, width, radius of curvature, and lighting, shall ensure that visual impact is minimized. k. Areas of disturbed soil shall be hydro- seeded with native or non - intrusive non - native plants to control erosion. 1. Manufactured slopes along development edges shall incorporate contour grading techniques. m. Compliance with UP Residential Policy Subsection I-4 -D-4e. will be demonstrated through a Viewshed Analysis. i' F t Newport Coati LCP Second Amendment December 3, 1996 11-4.6 j B. MEDIUM -LOW DENSITY RESIDENTIAL PLANNING AREAS PA 5 AND PA 9 1. PURPOSE AND INTENT: The Medium -Low Density Residential Planning Areas of the Newport Coast PIanned Community are established to provide for a variety of residential uses including predominantly smaller lot single - family attached, patio home, townhome, and duplex housing types, as well as larger single- family detached housing types, recreation uses, community facilities, com- munity service facilities, and other uses and structures accessory to the principal uses. These Medium -Low Density Residential Planning Area Regulations are intended to implement the LCP Land Use Plan's Residential Policies Section I-4 -D, and are subject to the requirements of the LCP Land Use Plan's Policies in Chapters 3 and 4. 2. PRINCIPAL AND OTHER PERMITTED USES: The following principal and other permitted uses are permitted in all Planning Areas designated for Medium -Low Density Residential use subject to the approval of a Coastal Development Permit as provided in Chapter 10: a. Principal Permitted Uses Subject to Zoning Administrator Approval: 1) Detached single- family dwellings. 2) Community care facilities serving twelve (12) or fewer persons per Zoning Code Section 7 -9 -141. 3) Community facilities including the following uses, and related and similar uses: a) Intra- community directional signs. b) Public and private parks (non - commercial). c) Public and private (non - commercial) recreation centers and facilities including, but not limited to, swimming pools, tennis courts and clubhouses. d) Riding, hiking, and bicycle trails. Newpon Coast LCP Snond Amendment D= mbes3. ]996 11-4.7 e) Security and maintenance facilities related directly to the residential community. r7 4) Attached single family dwellings and duplexes, except planned developments. ( . r- 5) Only if golf course play is extended into PA 9, and then for PA 9 only, the residential uses permitted in this Section will be allowed in combination with uses permitted in Section II- 6- B -la/d (Golf Courses/ Clubhouse Facilities) and II -6 -B -2 (Accessory Per- mitted Uses) subject to the requirements of Section II -6 -E -2 through II -6 -E -8 (Golf Course Site Development Standards), -a maximum building height of 28 feet, and a maximum of 10,000 square feet (gross) for golf course /clubhouse facilities (the square footage of such facilities shall be included within the maximum square feet limitation for all Tourist Commercial facilities for PA 13 as provided in Chapter II -5). 6) Communication transmitting, reception or relay facilities. 7) Accessory Permitted Uses referenced in Subsection 3 of this Section when located on a separate building site. b. Principal Permitted Uses Subject to Planning, Commission Approval: 1) Community and community service facilities including the following uses, and related and similar uses: a) Community centers. b) Community information centers. 2) In PA 5, equestrian centers limited to 50 horses maximum. I 3) Residential Planned Developments per Zoning Code Section 7 -9 -110. 4) Residential condominiums and stock cooperatives per Zoning Code Section 7 -9 -147. Newpon Coast LCP Smad Amendment , Dm mbcr i. 1996 c. Other Permitted Uses Subiect to Planning Commission Approval (these uses are appealable to the California Coastal Commission per County Zoning Code Section 7 -9- 118.6 (4) b): 1) Community and community service facilities including the following uses, and related and similar uses: a) Churches. b) Fire stations. c) Schools. d) Public and private day care /nursery schools. 3. ACCESSORY PERMITTED USES: Accessory uses and structures are permitted when customarily associated with and subordinate to a Permitted Use on the same building site, per Zoning Code Section 7 -9 -137 except as modified in Subsection 6 of this Section, including: a. Garages and carports; b. Detached accessory structures such as greenhouses, gazebos, cabanas, and storage sheds; c. Swimming pools, therapy baths, water fountains, and related equipment; d. Covered patios and decks; e. Fences and walls; f. Tennis courts, parks, trails, greenbelts, and common areas; g. One guest cottage or caretaker unit per building site, limited to 1,500 square feet; on building sites of a minimum 10,000 square feet; Newpon Com LCP Second Amendment oecember3. 1se6 II-4.9 h. Signs per Zoning Code Section 7 -9 -144; i. Noncommercial keeping of pets and animals per Zoning Code Section 7- 9- 146.3; j. Home occupations per Zoning Code Section 7 -9- 146.6; and k. Non - commercial /non - profit art displays and galleries. 4. TEMPORARY PERMITTED USES: Temporary uses are permitted in Residential Planning Areas subject to the requirements of County of Orange Zoning Code Section 7 -9 -136, Temporary Uses and Structures, and consistency with the LCP Land Use Plan. 5. PROHIBITED USES: a. The storage of vehicles, equipment, or products related to a cornmercial activity not permitted in this area; b. The keeping of pets or animals for any commercial purpose; c. Apiaries; d. Industrial and manufacturing facilities; and e. Uses not provided by Subsection 2 through 4 of this Section shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. Newport Coast LCP Second Ammdmmt December 7. I996 II -4.10 i' S �r 6. SITE DEVELOPMENT STANDARDS: a. Buildine site area: Three thousand (3,000) square feet minimum for condominium and stock cooperative; two thousand five hundred (2,500) square feet minimum for detached and attached single- family, duplex; and other (nonresidential) developments. b. Building site width: No minimum. c. Building height: Thirty-five (35) feet maximum, except twenty-eight (28) feet maximum in PA 9. d. Buildine site coveraee: Fifty (50) percent maximum. e. Building setbacks: 1) From any street, ten (10) feet minimum, except garages and carports per Subsection 6 below. 2) From any side or rear property line not abutting a street, no minimum. 3) Patios: No attached or detached covered patio shall be located closer than three (3) feet to a property line except the street side property line of a corner lot, in which case a minimum distance of ten (10) feet shall be maintained. Covered patios may be completely screened, including all exterior walls and ceilings, with full ventilating screen. 4) Projections into required setbacks: Eaves, cornices, chimneys, balconies and other similar architectural features may project a maximum of six (6) feet into any required front, rear, or side setback. 5) Miscellaneous provisions and exceptions unless otherwise specified: Newyon Conn LCP Sewrd Nnendmem Dccember 3. 1995 II -4.11 a) Attached accessory buildings shall be considered as a part of the main buildings; and b) Detached accessory buildings shall be located no closer than the setback required r for the main building. 6) Garage and carport placement: The point of vehicular entry to a garage or carport shall be a minimum distance of seven (7) feet or less, or twenty (20) feet or more from the back of sidewalk, or, if there is no sidewalk, from back of curb. f. Fences and walls, maximum height provided that site distances for vehicular safety purposes are not obstructed: 1) Within areas where main buildings may be placed: eight (8) feet maximum. 2) Within front setback area: six (6) feet maximum. 3) Within other setback areas: The maximum height shall be six (6) feet, except that this maximum may be exceeded when higher walls are required by the Director, EMA, for the purpose of noise mitigation or other health and safety measures. g. Off - street parking: Shall be provided per Chapter 9 of this IAP. h. Lei hts: All lights shall be designed so that all rays are aimed at the site. L Standards for local roads, including gradients, width, radius of curvature and lighting shall ensure that visual impact is minimized where feasible. j. Areas of disturbed soil shall be hydro - seeded with native or non - intrusive non - native plants to control erosion. k. Manufactured slopes along development edges shall incorporate contour grading techniques. Nerpon Cam LCP S=nd Amendment December 7. 1996 II4.12 C. AfEDIUM AND HIGH DENSITY RESIDENTIAL PLANNING AREAS PA 1B PA 2A PA213. PA 2C, PA 3A. PA 3B. PA 4A. PA 4B AND PA IA. PA 1C. PA 8 1. PURPOSE AND INTENT: The Medium and High Density Residential Planning Areas of The Newport Coast Planned Community are established to provide for predominantly multiple - family housing while also permitting the various single - family detached /attached and duplex housing types and uses, as well as recreation uses, community facilities, community service facilities, and other uses and structures accessory to the principal uses. These Medium and High Density Residential Planning Area Regulations are intended to implement the LCP Land Use Plan's Residential Policies Section 1 -4 -D, and are subject to the requirements of the LCP Land Use Plan's Policies in Chapters 3 and 4. 2. PRINCIPAL AND OTHER PERMITTED USES: The following principal and other permitted uses are permitted in A Planning Areas designated for Medium and High Density Residential use subject to the approval of a Coastal Development Permit as provided in Chapter 10: a. Principal Permitted Uses Subiect to Zoning Administrator Approval: 1) Detached single - family dwellings. 2) Community care facilities serving twelve (12) or fewer persons per Zoning Code Section 7 -9 -141. 3) Community facilities including the following uses, and related and similar uses: a) Intra- community directional signs. b) Public and private parks (non - commercial). c) Public and private (non - commercial) recreation centers and facilities including, but not limited to, swimming pools, tennis courts, and clubhouses. Newport Coin LCP Saond Amendmem Dmemba 3. 1996 II -4.13 d) Riding, hiking, and bicycle trails. t e) Security and maintenance facilities related directly to the residential community. 4) Attached single family dwellings and duplexes, except planned developments. F_ 5) Accessory Permitted Uses referenced in Subsection 3 of this Section when Iocated on i' a separate building site. 6) Multiple - family residential developments of four (4) units or less. 7) Community transmitting, reception or relay facilities. b. Principal Permitted Uses Subiect to Planning Commission Approval: i 1) Community and community service facilities including the following uses, and related and similar uses: a) Community centers. b) Community information centers. 2) Residential Planned Developments per Zoning Code Section 7 -9 -110. 3) Multiple - family residential developments of five (5) units or more, except condominiums and stock cooperatives, per Zoning Code Section 7- 9- 146.7. 4) Residential condominiums and stock cooperatives per Zoning Code Section 7 -9 -147. 5) One (1) neighborhood commercial site within Planning Areas PA 1C, PA 2A, PA 2B, PA 3A, PA 3B or PA 8 per standards in Zoning Code Section 7 -9 -89 and the requirements of the LCP Land Use Plan's Policies in Chapters 3 and 4, provided that the site shall not exceed ten (10) gross acres and a maximum building floor area of 100,000 square feet. Newport Con LCP Sand Amendmem Dn mba3.1996 II -4.14 C. Other Permitted Uses Subiect to Planning Commission Approval (these uses are appealable to the California Coastal Commission per County Zoning code Section 7 -9- 118.6 (4) b): 1) Community and community service facilities including the following uses, related and similar uses: a) Churches. b) Fire stations. c) Schools. d) Public and private day care /nursery schools. 3. ACCESSORY PERMITTED USES: Accessory uses and structures are permitted when customarily associated with and subordinate to a Permitted Use on the same building site, per Zoning Code Section 7 -9 -137 except as modified in Subsection 6 of this Section, including: a. Garages and carports; b. Detached accessory structures such as greenhouses, gazebos, cabanas, and storage sheds, c. Swimming pools, therapy baths, water fountains, and related equipment; d. Covered patios and decks; e. Fences and walls; f. Tennis courts, parks, trails, greenbelts, and common areas; : g. One guest cottage or caretaker unit per building site, limited to 1,500 square feet; on building sites of a minimum 10,000 square feet; Nnvpon Coati LCP Scrond AmaidmM Dettmbu3, 1996 11 -4.15 h. Signs per Zoning Code Section 7 -9 -144; i. Noncommercial keeping of pets and animals per Zoning Code Section 7- 9- 146.3; j. Home occupations per Zoning Code Section 7 -9- 146.6; and k. Non - commercial /non - profit art displays and galleries. 4. TEMPORARY PERMITTED USES: Temporary uses are permitted in Residential Planning Areas subject to the requirements of County of Orange Zoning Code Section 7 -9 -136, Temporary Uses and Structures, and con- sistency with the LCP Land Use Plan. 5. PROHIBITED USES: a. The storage of vehicles, equipment, or products related to a commercial activity not permitted in this area; b. The keeping of pets or animals for any commercial purpose; c. Apiaries; d. Industrial and manufacturing facilities; and e. Uses not provided by Subsection 2 through 4 of this Section shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. P7ewpon CmA LCP Second Amendment December 3, 1996 II -4.16 6. SITE DEVELOPMENT STANDARDS: a. Building site area: Three thousand (3,000) square feet minimum for condominium, stock cooperative, and apartment developments: Two thousand five hundred (2,500) square feet minimum for detached and attached single - family, duplex, and other (nonresidential) developments. b. Area per unit: One thousand (1,000) square feet minimum gross land area per dwelling unit, regardless of the slope of the land: c. Building site width: No minimum. d. Building height: Thirty-five (35) feet maximum except forty -five (45) feet maximum.for Planning Area 8. e. Building site coverage: No maximum. f. Building setbacks: Ten (10) feet minimum from any exterior property line or property line abutting a public or private street, except garages and carports per Subsection G below. From any other interior property line, no minimum. In PA 3A and PA 3B, the building setback from Pacific Coast Highway will be a minimum 100 -feet for landscaping and buffering purposes. g. Garage and carport placement: The point of vehicular entry to a garage or carport shall be a distance of seven (7) feet or less, or twenty (20) feet or more from the back of sidewalk, or if there is no sidewalk, from back of curb. h. Off - street parking: Shall be provided per Chapter 9 of this IAP. i. Open space (except for single family developments): Minimum of five percent (5 %) of the net area of the project is to be reserved as usable open space. The following shall not be counted in computing the usable open space: streets, common driveways, slopes greater Newport Coal[ LCP Second AmeWMM Da W3. 1"6 II -4.17 than 2.5:1 incline, and any property not reserved for the sole use and enjoyment of the occupants of the project and their guests. R i . j. Trash and storage areas (except for single family developments): All storage, including cartons, containers or trash shall be shielded from view within a building or area enclosed by a wall not less than six (6) feet in height. It. Screening (except for single family developments): 1) Abutting residential areas: A screen shall be installed as required to buffer multiple - family developments from abutting areas zoned for single- family residential. Except r as otherwise provided below, the screening shall have a total height of not less than six (6) feet and not more than seven (7) feet. Where there is a difference in elevation : on opposite sides of the screen, the height shall be measured from the highest point of elevation. 2) Parking areas abutting arterial highways: An opaque screen shall be installed along all parking areas abutting arterial highways. Except as otherwise provided below, the screening other than landscaping shall have a total height of not less than three (3) feet and not more than six (6) feet. 3) Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five (5) feet inside the boundary line, is higher or lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements of this Section. 4) A screen as referred to in Subsection 1, 2, and 3 above, shall consist of one or any combination of the following: a) Walls including retaining walls: A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four (4) inches thick. Newpon Coast LCP Smond Amendmem Denmbn 3, 1996 11 -4.18 j b) Berms: A berm shall be constructed of earthen materials and it shall be landscaped. c) Fences. solid: A solid fence shall be constructed of wood, or other materials a minimum nominal thickness of one (1) inch. d) Landscaping: Vegetation shall consist of evergreen or deciduous trees or shrubs. 1. Landscaping (except for single family developments): The planting of drought tolerant, native or non - intrusive non - native low maintenance species is encouraged. Landscaping, consisting of evergreen or deciduous trees, shrubs, groundcover, and/or hardscape shall be installed and maintained subject to the following standards: 1) Boundary landscaping abutting arterial highways is required to a minimum depth of ten (10) feet. 2) Boundary landscaping abutting public streets, other than arterial highways, is required to an average depth of ten (10) feet with a minimum depth of five (5) feet. 3) Separation: Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six (6) inches higher than the adjacent vehicular area or in some manner be protected from vehicular damage. 4) Watering: Watering facilities shall be provided for all landscaped areas except where drought tolerant species have been established. 5) Maintenance: All landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and the watering of all plantings per Subsection 4 above. m. Lights All lights shall be designed and located so that rays are aimed at the site. n. Standards for local roads including gradients, width, radius of curvature and lighting shall ensure that visual impact is minimized where feasible. Newport Coup LCP Saond Amendment Deeember 3, 1996 11-4.19 o. Areas of disturbed soil shall be hydro- seeded with native or non- intrusive non - native plants to control erosion. p. Manufactured slopes along development edges shall incorporate contour grading t' techniques. L t" i t' 4 e t i L k Neon Coati LCP Second Amendmcm Decemba3, 1996 1:1: -4.20 CHAPTER 5 TOURIST COMMERCIAL PLANNING AREAS A. PURPOSE AND INTENT The Tourist Commercial Planning Areas of The Newport Coast Planned Community are established to provide for the development and maintenance of destination resort and related tourist/recreational visitor - serving facilities, cultural, community and community services facilities, and accessory uses and structures, in proximity to Crystal Cove State Park and major beach areas. These Tourist Commercial Planning Area Regulations are intended to implement the LCP Land Use Plan's Tourist Commercial Policies Section I -4 -A subject to the requirements of the LCP Land Use Plan's Policies in Chapters 3 and 4. In addition to the site development regulations provided below, individually - owned accommodations (e.g., casitas and time - sharing condominiums) in the destination resort shall be developed pursuant to the Subdivision Code and /or other County and State regulations applicable to the type of accommodation units being developed. B. PRINCIPAL PERMITTED USES The following principal permitted uses are permitted in all Planning Areas designated for Tourist Commercial use subject to the approval of a Coastal Development Permit as provided in Chapter 10: 1. PRINCIPAL PERMITTED USES SUBJECT TO PLANNING COMMSSION APPROVAL: a. A destination resort and other commercial recreation uses, as defined in the LUP and Chapter 12, Definitions, of this IAP (Planning Areas PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, PA 13F, PA 14 and PA 20A), comprising the following types of visitor - serving uses. 1) Overnighttresort visitor accommodations not to exceed two thousand one hundred and fifty (2,150) accommodations (e.g., hotel rooms, motel rooms, casitas, time - sharing condominiums, etc.). Within Planning Areas PA 13A -13F and PA 14, there shall be Newpon Coats LCP Sa nd Amendmwt D= mber3. 1996 II -5.1 a maximum of 2,150 overnight/resort accommodation units. Of this total, (1) no more than 1,800 units may be individually owned; and (2) at least 350 units shall be hotel, motel or other non - individually owned, non - timesharing condominium resort accommodations. Coastal Development Permits for individually owned and timesharing condominium overnight/resort accommodations shall be conditioned to require contracting with a management company or companies to supply rental services to the project (e.g., advertising of units to the general public, taking reservations for the general public, housecleaning, guest check -in, security, etc.). 2) Retail and service commercial. 3) Parking structures. i 4) Conference, convention, and other ancillary facilities. 5) Restaurants. 6) Cocktail lounges and bars. 7) Commercial recreation uses. 8) Health facilities. 9) Public and private golf courses and related facilities. 10) Service Stations per Zoning Code Section 7 -9 -114. 11) Helistops and heliports to be used for shuttle transportation only. 12) Other uses ancillary to a destination resort. b. Cultural facilities including but not limited to museums, art galleries /exhibits, and theaters. Newport Cout LCP Second Amendment December 3, 1996 11 -5.2 c. Visitor - oriented day -use retail and service commercial totaling not more than 75,000 square feet in PA 13A through PA 13F, and not more than 25,000 square feet in PA 14. d. Visitor - oriented retail commercial, • service commercial, public works facilities and commercial recreation, totaling not more than 75,000 square feet in PA 20A. 2. PRINCIPAL PERMITTED USES SUBJECT TO ZONING ADMINISTRATOR APPROVAL: a. Community facilities including the following uses, and related and similar uses: 1) Intra- cotmnuniry directional signs. 2) Riding, hiking and bicycle trails. 3) Security facilities and structures. 4) Maintenance facilities and structures. b. Community service and community service commercial facilities including the following uses, and related similar uses: 1) Fire stations. 2) Public and private nursery schools and day care. 3) Public and private recreation centers and facilities. 4) Visitor /information services /centers. c. Communication transmitting, reception or relay facilities. Newport Coax LCP Second Amendmem December 3. 1996 II -5.3 d. Public parks, except in Planning Areas PA 13A, PA 1313, PA 13C, PA 13D, PA 13E, and PA 13F. e. Accessory Permitted Uses listed in Section C of this Chapter when located on a separate building site. C. ACCESSORY PERMITTED USES Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site, per Zoning Code Section 7 -9 -137 as applicable, including: 1. Garages, carports, and parking structures; 2. Detached accessory structures such as greenhouses, gazebos, cabanas, and storage sheds; 3. Swimming pools, therapy baths, water fountains, and related equipment; 4. Covered patios and decks; 5. Fences and walls; 6. Tennis courts, walkways /trails, greenbelts, and common areas; 7. Signs per Zoning Code Section 7 -9 -144; 8. Chapels; and 9. Community Information Centers, including sales offices for any and all development within The Planned Community: Nenon Cam LCP Smond Amcndmem Dc=nber 3, t9% II -5.4 D. PROHIBITED USES 1. Camping facilities, including tent camping and recreational vehicle parks. 2. Professional and administrative offices not directly ancillary to and supportive of a permitted use. 3. Industrial and manufacturing facilities. 4. Adult entertainment businesses. 5. Uses not provided by Section B and C of this Chapter shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. E. SITE DEVELOPME \°P STANDARDS 1. Standards applicable to all Tourist Commercial Planning Areas combined: a. Overnight/resort accommodations: A combined total of two thousand one hundred and fifty (2,150) overnight/resort accommodations is permitted. Within Planning Areas PA 13A -13F and PA 14, there shall be a maximum of 2,150 overnightfresort accommodation units. Of this total, (1) no more than 1,800 units may be individually owned; and (2) at least 350 units shall be hotel, motel or other non - individually owned, non - timesharing condominium resort accommodations. Coastal Development Permits for individually owned and timesharing condominium overnight/resort accommodations shall be conditioned to require contracting with a management company or companies to supply rental services to the project (e.g., advertising of units to the general public, taking reservations for the general public, housecleaning, guest check -in, security, etc.). 2. Standards applicable to specific individual Tourist Commercial Planning Areas: Newport Coati LCP Sewnd Amendment Dccn W3. 1996 II -5.5 a. Planning Area PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, and PA 13F (Pelican Hill) shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section I-4 -A: r i 1) Overnight/resort accommodations: A total of one thousand nine hundred (1,900) overnight/resort accommodations is permitted in the entire Planning Area PA 13. 2) Casitas shall be counted as follows with respect to the maximum 1,900 permitted overnight/resort visitor accommodations: a) Casitas with one or two bedrooms shall be considered one (1) overnight/resort accommodation; and b) Casitas with 3 or more bedrooms shall be considered two (2) overnight/resort accommodations. 3) Principal permitted uses and accessory uses, including accommodations, resort facilities, and the golf course clubhouse but excepting parking facilities and day use commercial facilities specified in (4) below, shall not exceed a total of 2.66 million square feet. Within this total area, the following limitations shall apply: a) No' one of the Planning Areas PA 13A, PA 13B, PA 13C, or PA '13D shall contain more than 60,000 square feet of single, continuous primary ballroom/exhibition space. ( "Single, continuous primary ballroom/exhibition space" denotes one large -scale meeting /convention area and does not include the square footage of conference facilities with smaller individual meeting rooms.) b) The total square footage of conference and meeting space, including primary ballroom/ exhibition space and individual meeting rooms, shall not exceed 140,000 square feet in these four Planning Areas. 4) Commercial uses: A maximum of seventy-five thousand (75,000) square feet of total floor area is permitted in addition to that included within hotels and other Newpon Coast LCP Second Amendmmt member s. 19% II -5.6 accommodations areas. Any day -use retail commercial facilities under this subsection shall be incidental accessory, or directly related to adjacent accommodations, park, and/or recreational visitor activities and shall be identified specifically in any project application involving this use category. 5) Maximum building heights are designated by individual height zones on Exhibit J (see LUP Chapter 4). 6) The following maximum building coverages are expressed as a percentage of each planning area's total gross acreage: a) The maximum building coverage (except parking structures) within each planning area: PA 13A: Overall coverage = 40% maximum PA 13B: Overall coverage = 28% maximum PA 13C: Overall coverage = 50% maximum PA 13D: Overall coverage = 50% maximum PA 13E: Overall coverage = 25% maximum PA 13F: Overall coverage = 20% maximum b) The distribution of maximum building coverage by various height categories within planning areas is as follows: PA I3A: The 40% maximum is distributed as follows: Structures up to 50 ft. in height = 22 %; Structures up to 65 ft. in height = 10 %; Structures up to 85 ft. in height = 6 %; and Structures up to 105 ft. in height = 2 %. PA 13B: The 28% maximum is distributed as follows: Structures up to 50 ft. in height = 20 %; and Structures up to 65 ft. in height = 8 %. Ncwpon Coss[ LCP Second Amcodment Dc bcr1,1996 II -5.7 PA 13C: PA 131): PA 13E: PA 13F: The 50% maximum is distributed as follows: Structures up to 40 ft. in height = 32 %; Structures up to 60 ft. in height = 10 %; and Structures up to 80 ft. in height = 8 %. The 50% maximum is distributed as follows: Structures up to 40 ft. in height = 32 %; Structures up to 60 ft. in height = 10 %; and Structures up to 80 ft. in height = 8 %. The 25 % maximum shall all be in structures up to 35 ft. in height (i.e., no further distribution by height). The 20 % maximum shall all be in structures up to 35 ft. in height (i.e., no further distribution by height). 7) Minimum building setbacks from the ultimate right -of -way of Pacific Coast Highway: PA 13A: All structures will be a minimum of 300 feet from PCH. Structures in excess of 30 feet in height and up to 85 feet in height will be a minimum of 350 feet from PCH. Structures in excess of 85 feet in height will be a minimum of 550 feet from PCH. PA 13B: Structures in excess of 50 feet in height will be a minimum of 1,350 feet from PCH. PA 13C/ Structures in excess of 40 feet in height will be a minimum of PA 13F: 1,600 feet from PCH. PA 13D/ Structures in excess of 40 feet in height will be a minimum of PA 13E: 2,800 feet from PCH. Newport Cour LCP Second Amendmer December 3, 1996 II -5.8 i s r s , i. 8) Other building setbacks: a) From Newport Coast Drive - fifty (50) feet minimum. (Minimum setback for surface parking will be ten (10) feet.) b) From Category A and B ESHA's - one - hundred (100) feet minimum. 9) Landscape screening: Landscape screening in the form of earth berms, edge planting along Pacific Coast Highway, golf course landscaping, and hotel landscaping will all combine to act as screening to soften building massing as viewed from Pacific Coast Highway. 10) Minimum landscaping for each Tourist Commercial site shall be 15% of the net area of the site. 11) Grading of the Tourist Commercial sites will create a smooth and gradual transition between new and existing grades. 12) Grading of Tourist Commercial sites may be done concurrently with grading for the golf course to balance cut and fill within the resort area and to reduce the total amount of time during which major grading operations will need to be conducted. b. Planning Area PA 13A shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section I-4 -A: 1) Overnight/resort accommodations: Eleven hundred (1,100) overnighttresort accommodations maximum, so long as the overall 1,900 overnighttresort accommoda- tions maximum is not exceeded for the entire Planning Area PA 13. 2) Day -use retail commercial uses: A maximum of seventy -five thousand (75,000) square feet of gross floor area, in addition to that included within hotels and other accommodations areas, is permitted which is incidental, accessory, or directly related to nearby accommodations and /or recreational visitor activities. Newport Coau LCP Second Amendment D==ber 3, 1996 II -5.9 c. Planning Area PA 13B shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section I4-A: 1) Overnight/resort accommodations: Six hundred (600) overnight/resort r• accommodations maximum, so long as the overall 1,900 overnight/resort accommodations maximum is not exceeded for the entire Planning Area PA 13. d. Planning Area PA 13C shall conform to the LCP Land Use Plan's Tourist Commercial 1. Policies Section 1-4 -A: 1) Overnight/resort accommodations: Seven hundred and fifty (750) overnight/resort accommodations maximum, so long as the overall 1,900 overnight/resort accommodations maximum is not exceeded for the entire Planning Area PA 13. e. Planning Area PA 13D shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section 1 -4 -A: t 1) Overnight/resort accommodations: Six hundred fifty (650) overnight/resort accommodations maximum, so long as the overall 1,900 overnight/resort accommodations maximum is not exceeded for the entire Planning Area PA 13. f. Planning Area PA 13E shall conform to the LCP land Use Plan's Tourist Commercial Policies Section I-4 -A: 1) Overnight/resort accommodations: Three hundred (300) overnight/resort accommodations maximum, so long as the overall 1,900 overnight/resort accommodations maximum is not exceeded for the entire Planning Area PA 13. g. Planning Area PA 13F shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section I-4-A: 1) Overnight/resort accommodations: No overnight/resort accommodations are permitted within Planning Area 13F. Neon Coati LCP Second Amendment December 3. 1996 II -5.10 h. Planning Area PA 14 (Lower Wishbone) shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section I-4 -A: 1) Overnight/resort accommodations: Two hundred and fifty (250) overnight/resort accommodations. 2) Casitas shall be counted as follows with respect to the maximum 250 permitted overnight/resort accommodations: a) Casitas with one or two bedrooms shall be considered one (1) overnight/resort accommodation; and b) Casitas with three or more bedrooms shall be considered two (2) overnight/resort accommodations. 3) Day -Use Commercial uses: A maximum of twenty-five thousand (25,000) square feet of gross floor area is permitted in addition to that included within hotels and other accommodation areas. Any day -use retail commercial facilities under this subsection shall be incidental, accessory, or directly related to the adjacent park, accommodations, and /or recreational visitor activities. 4) Principal permitted uses and accessory uses, including ovemight/resort accommodations and all directly supporting commercial facilities but excluding parking facilities and the day -use commercial described in (2) above, shall not exceed a total of 300,000 square feet. Within this total area, Planting Area 14 shall not contain more than 18,750 square feet of meeting space. 5) Building height: Thirty-five (35) feet maximum, except towers, gables, spires, flag poles, chimneys, mechanical equipment, and architectural features will have a maximum height of forty-seven (47) feet. 6) Building site coverage: Fifty (50) percent maximum, excluding parking structures. Ne"an Coan LCP Second AmaWment December 3, 1996 II -5.11 7) Building setbacks: a) From Pacific Coast Highway - one hundred (100) feet minimum. i b) Minimum setback for surface parking from Pacific Coast Highway will be ten (10) feet. 8) Minimum site landscaping shall be 15% of the net area of the site. To minimize to the extent practicable any views of the hotel parking areas from inland portions of Crystal Cove State Park, landscape screening shall be provided parallel to the perimeter of parking areas in Planning Area 14 which border Muddy Canyon. i. Planning Area PA 20A (Laguna Canyon) shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section I -4 -A: 1) Principal permitted uses and accessory uses shall not exceed a total of 75,000 square feet of floor area directly related to and /or supportive of the nearby park and/or recreational visitor activities and /or public works facilities. 2) Access: Access to the tourist commercial facilities will be directly from Laguna Canyon Road. 3) Building height: One story maximum, except towers, gables, spires, flag poles, chimneys, mechanical equipment, and architectural features will have a maximum height of thirty -five (35) feet. 4) Building Site Coverage: Forty-five (45) percent maximum, excluding parking structures. 5) Building /Parking setbacks: a) Building from Laguna Canyon Road = 50 feet minimum. b) Surface parking from Laguna Canyon Road = 10 feet minimum. NmVon Coati LCP Second Amendment Decemba 3. 1996 11-5. 12 6) Prior to, or concurrent with the recordation of the first final development map in PA 20A the landowner shall record an Offer to Dedicate PA 16A and PA 1613. Such offer shall be subject to immediate acceptance by the County of Orange for a period of three (3) years. In the event that the County does not accept the offer during that time period, said offer shall be available for acceptance by the City of Laguna Beach for a period of three (3) years thereafter. i Newport C= LCP Second Amcndmem Dtcember 3. 19% II -5.13 CHAPTER GOLF COURSE PLANNING AREAS A. PURPOSE AND INTENT The Golf Course Planning Areas of The Newport Coast Planned Community are established to provide for the development and maintenance of primarily golf courses, related commercial and noncommercial facilities, and accessory uses and structures in proximity to destination resort and related tourist/recreational visitor - serving commercial facilities. These planning areas permit necessary roads, public works, and infrastructure. These Golf Course Planning Area. Regulations are intended to implement the LCP Land Use Plan's Golf Course Policies Section I-4 -B subject to the requirements of the LCP Land Use Plan's Policies Chapter 3 and 4. B. PRINCIPAL PERMITTED USES The following principal permitted uses are permitted in all Planning Areas designated for Golf Course use subject to the approval of a Coastal Development Permit as provided in Chapter 10: 1. PRINCIPAL PERMITTED USES SUBJECT TO PLANNING COMMISSION APPROVAL: a. Golf courses and clubhouses. b. Driving ranges and putting greens. c. Commercial and noncommercial recreation uses and facilities such as tennis courts, racquetball courts, health clubs, etc. d. Clubhouse facilities, including restaurants, cocktail lounges, banquet rooms, meeting facilities, and similar uses related to a permitted recreation use or complex. e. Community facilities and community service facilities. Ntwpon Com LCP Smond AmerAmmt December 3, 1996 11-6.1 2. PRINCIPAL PERMITTED USES SUBJECT TO ZONING ADMINISTRATOR APPROVAL: a. Lakes, ponds, and associated drainage facilities. b. Public works, infrastructure, and road improvements. c. Communication transmitting, reception or relay facilities. d. Accessory Permitted Uses listed in Section C of this Chapter when located on a separate building site. C. ACCESSORY PERMITTED USES Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site, per Zoning Code Section 7 -9 -137 as applicable, including: 1. Information center, shops, and commercial concessions related to golf course use and accessory to the clubhouse operation; 2. Maintenance facilities and structures, caretaker quarters, garages, carports, and storage sheds; 3. Detached accessory structures such as greenhouses, gazebos, and cabanas; 4. Swimming pools, saunas, therapy baths, water fountains, and related equipment; 5. Covered patios and decks; 6. Fences and walls; 7. Walkways /trails, greenbelts, and common areas; and Newport Cott LCP Second Amendment Dccember7. 1996 11 -6.2 8. Signs per Zoning Code Section 7 -9 -144. D. PROHIBITED USES 1. Camping facilities including tent and/or RV campgrounds. 2. Professional and administrative. offices not directly ancillary to and supportive of a permitted use. 3. Industrial and manufacturing facilities. 4. Uses not provided by Section B and C of this Chapter shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. E. SITE DEVELOPMENT STANDARDS 1. Building height: Forty (40) feet maximum. 2. Setback from streets: Twenty (20) feet minimum. 3. Clubhouse building site coverage: Fifty (50) percent maximum. 4. Off - street parking: Shall be provided per Chapter 9 of this IAP. 5. Screening: Walls and fences over six (6) feet in height shall be installed in accordance with the following Iimitations, unless otherwise provided for by an approved Site Plan. a. Hazard fences for golf courses may be installed where necessary to protect buildings, vehicles, and persons (no height limitation). Newport Cosa LCP Second Amendmmc December 3. 1996 I1 -6.3 b. Non - opaque fences shall be a minimum of twenty (20) feet from the ultimate right -of -way of any street or highway. , 6. Grading and Erosion Control: Grading and Erosion Control Plans shall conform with the Land ; Use Plan's Resource Conservation and Management Policies Sections I -34, I -3 -K, I -3 -L, and I -3 -M. 7. Lights: All lights shall be designed so that all rays are awned at the site. 8. Habitat irrigation shall conform with the Riparian Habitat Creation Program (RHCP) of the Land Use Plan's Golf Course Policies Section I- 4 -13 -5 and the following criteria shall be applied: a. The RHCP shall include a drawing showing the relationship of riparian habitat areas, ponds, transition areas, and adjacent golf course features. Areas shall be designated as primarily habitat (i.e., riparian habitat areas), multi - purpose (i.e., ponds and transition - areas), and primarily recreational (i.e., golf course features). b. For riparian habitat areas, the RHCP shall show how topography, water supply and drainage patterns, and soil type and conditions will be made suitable for the growth, establishment, and persistence of the planted vegetation. c. Planting plans prepared for the RHCP shall address methods to propagate riparian vegetation, responding to the following priorities as feasible: a) seed, cuttings, and /or transplants of existing plants salvaged/collected on -site; b) seed or cuttings from other sources. Transplants of existing plants may be used only to the degree that the benefits outweigh the increased probability of failure due to shock, root stress, etc. associated with transplanting. d. The RHCP shall address management of exotic species as follows. A list of highly invasive and undesirable plants to be removed upon detection (e.g., pampas grass) will be prepared, including sensitive control methods which do not compromise riparian plantings. Newport Coot LCP Smond.lmendmam Dmember 3.1996 II -6.4 tt• Criteria for determining when other exotic plants (e.g., wild oats, rye grass) compete unduly with planted vegetation will be included, also including sensitive control methods. e. The RHCP shall address topsoil management, giving first priority to use of native topsoil provided it is free of significant weed seed reservoirs, salt concentrations, and similar detrimental factors; and giving second priority to other soil material placed by grading. f. The RHCP shall address treatment of transitional areas (i.e., "rough ") between golf play areas and habitat areas, to include their function as buffers. Plans for multi - purpose features, ponds in particular, will show which edges are to be intensively managed for golf courselaesthetic considerations, which edges are to be managed primarily for habitat purposes, and how ponds will be managed to accommodate both golf course /aesthetic and habitat interests. g. The RHCP shall include measures addressing maintenance of golf course features and habitat areas to minimize conflicts between maintenance and use of the golf course and the riparian habitat. It. The RHCP shall provide for monitoring of the success of the riparian habitat creation based upon stated habitat objectives. i. As a condition of approval, the RHCP shall be reviewed by the California Department of Fish and Game and, if appropriate, approved through a Streambed Alteration Agreement pursuant to Section 1600 et seq. of the State Fish and Game Code. Newpon Cent LCP Second Amendment December 7, 1996 11_6,5 CHAPTER RECREATION PLANNING AREAS A. PURPOSE AND INTENT Certain Recreation Planning Areas (i.e., PA 12F, PA 12G, PA 12J PA 17, PA 18, PA 19, PA 20B, and PA 20C) of The Newport Coast Planned Community are established to provide for the public ownership, development, and maintenance of primarily regional recreational activities and facilities as well as public infrastructure facilities which will afford the greatest public access and benefit without adversely altering the sites. Certain other Recreation Planning Areas (i.e., PA 11A, PA I IB, PA 12A, PA 12B, PA 12C, PA 12D, PA 12E, PA 12F, PA 12H, and PA 12I) are established to serve open space /recreation uses as provided for in The Newport Coast LUP. The Recreation Use Regulations are intended to implement the LCP Land Use Plan's Recreation/Public Access Policies Section I -4 -C subject to the requirements of the LCP Land Use Plan's Policies in Chapter 3 and 4. B. PRINCIPAL PERMITTED USES Consistent with the policies of LUP, Section I -3 -C, the following principal permitted uses are permitted in Planning Areas designated for Recreation use subject to the approval of a Coastal Development Permit by the Zoning Administrator as provided in Chapter 10. Such uses may be operated by a limited commercial venture with the purpose of serving the recreational needs of park visitors and/or improving public recreation services whether financially through lease or other payments to a public agency or functionally through the delivery of a permitted recreational use that otherwise would not be available to the public. Ne�pon Coen LCP Second Amendment Decembu3, 1996 11 -7.1 1. PLANNING AREA PA 18 (EMERALD CANYON): a. Riding and hiking trails. b. Picnic areas. c. Viewpoints, non - commercial rest stops, and other passive recreation facilities. d. Regional Park concessions associated with park use consistent with LUP Policies Section I -3 -C. 2. PLANNING AREA PA 19 (EMERALD RIDGE): a. Parking areas. b. Camping. c. Youth hostels. d. Non - commercial staging areas. e. Picnic areas. f. Equestrian centers. g. Regional park concessions associated with park use consistent with LCP Policies Section I -3 -C. h. Riding and hiking trails. 3. PLAiN'�Ti ING AREA PA 20B (LAGUNA CANYON): a. Parking areas. b. Riding and hiking trail staging areas. c. Public utilities within existing easements. d. Existing agricultural operations. e. Existing educational institutions. f. Cultural facilities as temporary facilities in support of periodic cultural events. g. Public parks. h. Maintenance of public facilities /roads. i. Existing municipal yards. Nmpon Coast LCP S"ond Amendmcm Decanter 7. 1996 II -7.2 4. PLANNING AREAS PA 12G AND PA 20C: a. Commercial recreation related to park use. b. Specialty retail shops related to park use. c. Restaurants and food sales serving visitors to the adjacent regional and state parks. d. Museums, art galleries, outdoor amphitheaters, and other cultural/educational uses and facilities. e. Arboretums and horticultural gardens. f. Staging areas for campers, riders, hikers, and other visitors to the adjacent Irvine Coast Wilderness Regional Park and Crystal Cove State Park. g. Regional Park support facilities such as, but not limited to, ranger headquarters, regional park parking facilities, and restroom facilities. 5. PLANNING AREA PA 17 (CRYSTAL COVE STATE PARK): Crystal Cove State Park's "Public Works Plan" has already been certified by the Coastal Commission for Recreation Planning Area PA 17 and, accordingly, is not part of this LCP. 6. PLANNING AREAS PA 11A, PA 12A, PA 12E, PA 12H AND PA 12I: a. Local parks. b. Riding and hiking trails. c. Bikeways. d. Utilities, drainage, and water supply facilities as provided for in Chapters 3 and 4 of the LUP. e. Fuel modification and fire protection facilities and accessways related to park protection. 7. PLANNING AREAS PA 11% PA 12B, AND PA 12D: a. Passive recreation uses; b. Open Space (natural and modified for fire protection pursuant to LUP Policy Section I -3- M, Development/Open Space Edges Policies); Newport Coan !CP Stand Amendmem December 7. 1996 II -7.3 c. Passive preservation areas for archaeological and paleontological sites and identified ESHA's; r d. open space within lot lines from adjoining residential areas where the land is owned and i maintained by adjacent homeowners or homeowners associations (not public agencies or districts); e. Public works, roads, and infrastructure necessary for other permitted uses; and f. Hiking trails. 8. PLANNING AREA 12C: a. Parking areas; b. Riding and hiking trait staging areas; c. Picnic areas, parks, trails, greenbelts and common areas; d. Equestrian and community centers; e. Swimming pools, tennis courts, ball fields and detached accessory structures and related equipment; f. Fences and wails; g. Roads, utilities, drainage and water supply facilities, and h. Communication transmitting, reception or relay facilities. 9. PLANNING AREA 12F: a. Schools; b. Parking areas; c. Swimming pools, tennis courts, ball fields and detached accessory structures and related equipment; d. Fences and walls; e. Roads, utilities, drainage, sewer and water supply facilities; and f. Communication transmitting, reception or relay facilities. New9on Coss LCP Second Amcndment , December 7. 1996 11 -7.4 10. PLANNING AREA 12J: a. Roads, utilities, drainage, sewer, water storage and supply facilities; b. Detached maintenance and accessory structures; c. Parking areas; d. Fences and walls; e. Communication transmitting, reception or relay facilities; and f. Fuel modification and fire prevention facilities and access ways. C. OTHER PERMITTED USES IN PA 18 PA 19 PA 20B AND PA 20C SUBJECT TO COASTAL COMMISSION APPELLATE JURISDICTION OVER "CD" PERMITS 1. New utility development. 2. New roads or expansions. Any widening or relocation of Laguna Canyon Road shall conform with IAP Special Provision Subsection II- 3 -B -27. D. ACCESSORY USES PERMITTED Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site per Zoning Code Section 7 -9 -137. E. 1. Recreation vehicle (RV) Parks. 2. Industrial and manufacturing facilities. 3. Sand and gravel extraction. 4. The fencing of homeowner lots and lot lines extending into Planning Areas PA 11B, PA 1213, and PA 12C. Newport Coin LCP Second Amendmnt December 3. 1996 11 -7.5 5. Uses not provided by Section B through D of this Chapter shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. F. SITE DEVELOPMENT STANDARDS 1. Building site area: No minimum. 2. Building site width and depth: No minimum. 3. Building setbacks: All buildings shall be set back from property lines a distance at least equal to the height of the building or structure, and not less than thirty (30) feet from any adjacent Residential Planning Area. 4 4. Building site coverage: Not more than one (1) percent of the total lands in this land use category may be covered by buildings except as defined for PA I IA, PA 12A, PA 12E, PA _ 121, PA 18, PA 19, PA 20B, and PA 21D. A maximum of twelve (12) percent of the total land area in PA 12B, PA 12C, PA 12G and PA 12H may be developed with structures, pavement or other impervious materials. 5. Building height limit: Fifteen (15) feet for PA 12G; eighteen (18) feet for PA 1IA, PA 11B, PA 12A, PA 12B, PA 12D, PA 12E, PA 18, PA 19, and PA 20B; and twenty -five (25) feet for PA 20C; and thirty -five (35) feet for PA 12C, PA 12F and PA 12 . 6. Off - street parking: Shall be provided per Chapter 9 of this IAP. 7. Screening: Due to the recreational open space character of many of the permitted uses, the following screening standards may not be appropriate in all cases, and Alternative Development Standards may be established by an approved Coastal Development Permit. Generally, walls and fences may be installed in accordance with the following limitations: Newpon Coast LCP Smnd Amendment December 1, 1996 II -7.6 a. Natural wood, concrete, stone, masonry, and /or wrought iron non - opaque fences may be installed, provided they are consistent with the Purpose and Intent of this Chapter, and are set back a minimum of twenty (20) feet from the ultimate right -of -way line of any street or highway. b. Masonry or solid wood fences shall be shielded from view from any street or highway by landscaping and /or berms or other topographic features, and shall be set back a minimum of fifty (50) feet from the ultimate right -of -way line of any street or highway. c. Parking areas adjacent to public or private streets or highways shall generally be screened from view by earthen berms and /or landscaping. Newport Coast LCP Saond Amemfinent December). 1996 I1 -7.7 CHAPTER 8 CONSERVATION PLANNING AREAS A. PURPOSE AND INTENT The Conservation Planning Areas of The Newport Coast Planned Community are established to provide for the resource preservation, enhancement, limited development, and maintenance of largely natural and undeveloped lands identified for resource conservation, where the natural resources are to be preserved and enhanced after acquisition by a public agency. Most Conservation lands are currently under private ownership and will be transferred in increments to a public agency over a period of time. Prior to transfer, the private landowner will be responsible for the maintenance and management of these lands. These Conservation Planning Area regulations are intended to implement the LCP Land Use PIan's Conservation Area Policies Section I -3 -A subject to *the requirements of the LCP Land Use Plan's Policies in Chapters 3 and 4. B. PRINCIPAL PERMITTED USES The following principal permitted uses are permitted in Planning Areas PA 16A, PA 16B, PA 21A, PA 2IB, PA 21C, and PA 2 1 D designated for Conservation Use subject to the approval of a Coastal Development Permit by the Zoning Administrator as provided in Chapter 10: Passive recreation uses. 2. Viewpoints and overlook areas. 3. Riding and hiking trails. 4. Scientific study areas. 5. Maintenance of existing public improvements /facilities. Newport Cosa LCP Second Ammdmem Decemba 7. 1996 II -8.1 6. Uses permitted only within three hundred and fifty (350) feet of Laguna Canyon Road, and /or on land of less than thirty (30) percent slope: a. Riding and hiking trailheads; b. Riding and hiking trail staging areas; c. Maintenance of existing utilities; d. Maintenance of existing flood, drainage, and erosion control facilities; and e. Road improvements, expansions, and maintenance. 7. Any widening or relocation of Laguna Canyon Road shall conform with IAP Special Provision Subsection II- 3 -B -27. C. ACCESSORY PERMITTED USES Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site, per Zoning Code Section 7 -9 -137. D. PROHIBITED USES 1. Primary residential structures. 2. Commercial uses. 3. Industrial and manufacturing facilities. 4. Sand and gravel extraction. 5. Uses not provided by Section B and C of this Chapter shall be prohibited, however it is recognized that certain permitted uses are only defined generally and may require interpretation by the Director, EMA, per Zoning Code Section 7 -9 -20. Newpon Coin LCP Second Amendment December 7. 1996 II -8.2 E. IN- CERIi\3 CONSERVATION MANAGEMENT The following shall apply to any private- sector landowner prior to the transfer of Conservation areas to public ownership. All improvements shall be consistent with the LCP Land Use Plan's Interim Conservation Management Policies Section I -3 -B: 1. The landowner may continue existing agricultural uses, including cattle grazing and may construct and maintain any fencing, firebreaks, fuel modification zones, water pipes, and cattle- watering facilities, and maintain access roads necessary for the continued use and protection of the property, and for facilities approved by the County of Orange for public health, safety, welfare, and recreation purposes consistent with this chapter. 2. New fences will be designed so that wildlife, except large mammals such as deer, can pass through. 3. No alteration to existing stream courses or landforms in Emerald Canyon will occur except as necessary to provide fire protection. 4. No excavations of archaeological and paleontological sites will be permitted except as required by public safety and /or utilities facilities and in accordance with the policies set forth in Sections I -3 -G and I -3 -H. 5. Landform alterations are allowed in Conservation areas to the extent required to accommodate realignment, improvement, and /or widening of Laguna Canyon Road and associated improvements and shall conform with the requirements of IAP Section II- 3 -B -27 for any such project. 6. No agricultural practice shall aggravate known or suspected land management problems such as the spread of non - native plants, soil erosion, or the deterioration of sensitive environmental habitats. Newport Coast LCP Scend Amendment t)ecembcO.1996 II -8.3 P. PARK DEVELOPMENT STANDARDS The following standards shall apply to those areas designated for Conservation uses after acquisition by a public agency: 1. Wildlife habitats shall be preserved by controlling human access to Emerald Canyon. 2. Key areas of chaparral and coastal sage shall be protected from human intrusion. 3. Stream courses in Emerald Canyon shall be retained in a natural state or enhanced. 4. Significant riparian areas shall be preserved as sources of shelter and water for wildlife. 5. Improvements shall be compatible: with the natural environment and shall not damage landforms, vegetation, or wildlife to any significant degree. 6. All archaeological sites and paleontological sites shall be preserved. 7. All buffer areas necessary for the protection of habitat are located within the Conservation category. Newport Coau LCP Second Amendment December 3. 1996 II -8.4 JY i OFF - STREET PARKING REGULATIONS A. PURPOSE AND INTENT The purpose of these regulations is to provide for the off - street parking of motor vehicles within The Newport Coast Planned Community. The parking facilities required by this Chapter are assumed to be the minimum which will be required by the various land use categories. It is intended that these regulations will result in properly designed parking facilities of sufficient capacity to reduce traffic congestion, provide safe and convenient facilities for motorists and pedestrians, and generally provide for the parking of motor vehicles at locations other than on streets. B. GENERAL REQUIREMENTS Except as otherwise specified herein, off - street parking for The Newport Coast Planned Community shall be in accordance with Section 7 -9 -145, Off- Street Parking Regulations, of the County of Orange Zoning Code, which is incorporated by reference as a part of this Chapter. I . Location of Off - Street Parking: Required parking spaces and garages shall be located conveniently close to the use or uses they serve. 2. Common Area Parking: Common area parking may be approved by a Coastal Development Permit or Site Plana 3. Joint Use Parking: Parking reductions from the aggregate total requirement of different uses within a hotel, motel, or similar accommodations development, or due to shared parking or joint use, shall be allowed in conformance with the standards outlined herein. Nmpart CM1 LCP Second Amendment D==W3, 1996 II -9.1 C. STANDARDS FOR INDIVIDUAL PRINCIPAL USES The following standards delineate the minimum facilities required for three individual principal uses: 1. Hotels, motels, and similar accommodations including accessory/ancillary uses: One (1) parking stall per guest unit. 2. Restaurants: Ten (10) parking stalls minimum; or one (1) stall for each 100 s.f. of gross floor area up to 4,000 s.f., plus one (1) for each 80 s.f. of gross area over 4,000 s.f. 3. Retail and service commercial One (1) parking stall per 200 s.f. stores: Parking requirements for mixed -use developments such as a destination resort are separately addressed in Section D of this Chapter. D. JOINT -USE OR SHARED P.ARi.ING A reduction in "required" parking for each principal use will be permitted for either joint -use or shared parking upon the approval of a Detail Parking Plan by the Director, EMA. The request for a parking reduction due to joint use or shared parking shall be accompanied by findings in the Detail Parking Plan which determine that: 1. Such modifications will have no negative impact on public access to the beach and parking for public recreational uses; and 2. The permit approval shall be conditioned upon the recording with the County Recorder of an agreement, executed by all parties concerned in the shared parking arrangement, assuring the continued availability of the required number of spaces. Newport Coast LCP Second Amendment December3.1996 11 -9.2 E. EXCEPTIONS AND /OR MODIFICATIONS TO OFF - STREET PARKING REQUIREMENTS The provisions of this Chapter and Section 7 -9 -145 of the County of Orange Zoning Code are intended to meet the minimum design needs for off - street parking under most conditions. Where, because of the nature of the use involved or other relevant circumstance, the requirements of this Chapter are considered to be excessive, an exception and /or modification to these provisions and those of Section 7 -9 -145 of the County of Orange Zoning Code may be approved in accordance with the following procedure, provided such exception and /or modification is consistent with the purpose and intent of this Chapter: Any property owner, his authorized agent, or a public agency may apply for an exception to, or modification of, the off - street parking requirements set forth in this Chapter and /or Section 7 -9 -145 of the County of Orange Zoning Code. 2. Exceptions to, or modifications of, the off - street parking regulations shall be permitted subject to the approval of a Use Permit or a Coastal Development Permit. 3. Coastal Development Permits or Use Permits which include a request for an exception to, or modification of, off - street parking requirements shall be processed in accordance with the provisions of Chapter 10 of this IAP. Neuyort Coau LCP Sccond Ammdmem December J. 1996 II -9.3 CHAPTER 10 DISCRETIONARY PERMITS AND PROCEDURES A. GENERAL REQUIREMENTS Section 7 -9 -118, "Coastal Development" (CD) District, and Section 7 -9 -150, "Discretionary Permits and Procedures ", of the County of Orange Zoning Code are incorporated by reference into this Implementing Actions Program (IAP). In the event of conflicting provisions between this Chapter and Sections of the County of Orange Zoning Code, this Chapter shall take precedence. In the event of conflicting provisions between Section 7 -9 -118 and Section 7 -9 -150 of the County of Orange Zoning Code, the requirements of the CD District shall take precedence. 1. PRINCIPAL PERMITTED USES: Land Uses listed in this IAP as principal permitted uses, are considered to be within the category of "principal permitted use" under the County of Orange Zoning Code Section 7 -9- 118, the California Coastal Act of 1976, in general, and Public Resources Code Section 30603 (a) (4), in particular. 2. COASTAL DEVELOPMENT PERMITS: A Coastal Development Permit (CDP) shall be processed in compliance with the CD "Coastal Development" District Regulations, Section 7 -9 -118, of the County Zoning Code. A CDP may be processed as a large -scale Master Coastal Development Permit. Other CDP's may be approved by either the Zoning Administrator or Planning Commission as specified in each land use regulations chapter. A CDP may be approved which establishes alternative development standards in conformance with Subsection 4 of this Section. Nm7on Coau LCP S=ond Amendmem December 3, 1996 II -10.1 3. APPLICATIONS: This Section applies to this Newport Coast Implementing Actions Program and references. Sections 7 -9 -118 of the County Zoning Code with exceptions as noted herein: F.' a. Tourist Commercial Use Applications -- Applications for Coastal Development Permits ;.. shall contain the following information: 1) Large -Scale Plan: a) Location, acreage, and type of land use for each building. b) Topography: existing and proposed (i.e., Concept Grading Plan). c) General public street/corridor layout and width. d) Existing structures and development on adjacent parcels, to a minimum of two hundred (200) feet from the Planning Area. e) Location of riding and hiking trails. f) Location and treatment of significant cultural /scientific resources. g) Location of significant vegetation and an indication of the resources to be altered and the resources to be preserved. h) Location and treatment of scenic highways, if applicable. i) Location of extensions of off -site roads or utilities through a Planning Area to serve adjacent areas. 2) Large -Scale Elevations — of all primary structures including, but not limited to the following: a) Predominant exterior materials; b) Predominant exterior colors; and c) Building heights. 3) A list of any proposed Alternative Development Standards. Newport Com LCP Second Amendment D==ber ]. 1996 II -10.2 b. Other Land Use Applications -- Applications for Coastal Development Permits, including a Master Coastal Development Permit, shall contain the following information: 1) Large -Scale Plan: a) Location, acreage, and type of land use for each building site. b) Range of dwelling units to be developed on each building site. c) General public streeticorridor layout and width. d) Location and acreage of landscape, open space and recreation areas. e) Park location and acreage, if applicable. f) School location and acreage, if applicable. g) Location, acreage, and land use of all non - residential areas. h) Topography: existing and proposed (i.e., Concept Grading Plan). i) Existing structures and development on adjacent parcels, to a minimum of two hundred (200) feet from the Planning Area. j) Concept Drainage Plan. k) Location of riding and hiking trails. I) Location and treatment of significant cultural/scientific resources. m) Location of significant vegetation and an indication of the resources to be altered and the resources to be preserved. n) Location and treatment of scenic highways, if applicable. o) Location of extensions of off -site roads or utilities through a Planning Area to serve adjacent areas. 2) A list of any proposed Alternative Development Standards. 3) The "Master Drainage and Runoff Management Plan", if required by Subsection II -3- B-11. Nerpon Coast LCP Second Amendment Dccember3,19% II -10.3 4. ALTERNATIVE DEVELOPMENT STANDARDS: With approval of a CDP, alternative development standards may be established without an LCP I amendment where the standards pertain to: setbacks to residential streets; nonresidential highways or local streets; rear and side yard setbacks for development not bordering an open space or recreation area; building height (except for Planning Area PA 6) in areas not visible from Pacific Coast Highway; area per unit for residential inland of Pacific Coast Highway; walls and fences; landscaping other than along Pacific Coast Highway; signage; lighting; loading, trash, and storage areas not visible from Pacific Coast Highway; vehicular driveways and sidewalks; outdoor storage areas; and/or modifications for off -street parking requirements in areas inland of Pacific Coast Highway. Alternative development standards other than those specified above will require an LCP amendment. A CDP proposing to establish alternative development standards shall require a public hearing, with public notification, before the Planning Commission per Zoning Code Section 7- 9- 150.3(c) as adopted by the County at the time of Coastal Commission Certification of this LCP. When a Coastal Development Permit proposes to establish an alternative development standards, the burden of proof shall be on the project proponent. The alternative development standards may be approved when it is found that they will result in an equivalent or better project in terms of minimizing adverse impacts and enhancing public benefits to the immediate and surrounding community. B. SITE PLANS /SITE DEVELOPMENT PERMITS 1. SITE PLAN /SITE DEVELOPMENT PERMIT PROCESS: A Site Plan may be required by the Planning Commission or Zoning Administrator for certain development projects in addition to a CDP, and shall be processed in compliance with Zoning Code Section 7- 9- 150.3(d) unless the Director, EMA, determines, on a case -by -case basis, that the public interest would be better served by a public hearing before the Planning Commission. In such cases, the Site Plan shall be processed per Section 7- 9- 150.3(c). Ncwpon Coats LCP Smond Am=dmmt D==ber 3. 1996 II -I0.4 Site Plans shall contain all the following data when applicable to the project proposal: a. Plot Plans — drawn to scale, fully dimensioned and easily readable, containing the following: 1) Title block (applicant's name and date drawn). 2) Scale and north arrow. 3) Property lines or building sites, dimensioned. 4) Existing use of property. 5) Location, acreage, and proposed type of land use for each building. 6) Buildings; existing and proposed use, location and size. 7) Number of dwelling units to be developed on each building site. 8) Streets /corridor; location and width. 9) Easements; location, purpose and width. 10) Access; existing and proposed. 11) Parking areas. 12) Signs; location, height, dimensions, and copy if available. 13) Fencing (walls), type, location and height. 14) Location, acreage, and ownership of landscape, natural open space and recreation areas. 15) Landscape and screening areas. 16) Topography, existing and proposed (i.e., Concept Grading Plan). 17) Existing structures on abutting properties, location, height and uses. 18) Location, width, and treatment of riding and hiking trails. 19) Location and acreage of transit terminal. 20) Location and treatment of cultural /scientific resources. 21) Location of significant vegetation and an indication of the resources to be altered and the resources to be reserved. 22) Location and treatment of scenic highways. 23) Information required by Chapter 3, General Provisions and Regulations. 24) A list of all relevant programs, policies, and guidelines contained in the General Plan and LUP, together with a description of how they are being implemented through the Site Plan. Ncwpon Coati LCP Second Amcndmcm December3. 1996 II -10.5 25) Any additional background and supporting information as the Director. EMA, deems necessary. b. Elevations -- of all structures (including walls and signs) including, but not limited to, the following: 1) All exterior materials; 2) All exterior colors; 3) Building heights; and 4) If the Site Plan is for a residential development, typical elevations shall be provided. c. Preliminary Landscape Plans -- including the general location of all plant materials, by common and botanical names. Navpon Coat LCP Smond AmaWmcnt Dm ber3.1996 II -10.6 CHAPTER 11 DEVELOPMENT MAP AND STATISTICAL TABLE REGULATIONS AND PROCEDURES A.. PURPOSE AND INTENT The purpose of this Chapter is to provide regulations and procedures for Planning Commission revisions to the Planned Community Development Map and the Planned Community Statistical Table. B. PLANNED COMMUNITY DEVELOPMENT MAP The Planned Community (PC) Development Map (See Exhibit W) covers all the territory included within the Planned Community Zoning Map. The PC Development Map identifies Planning Areas and corresponding uses contained in the LCP Land Use Plan, along with other planning information. The acreages in the Statistical Table on the PC Development Map may vary without requiring an amendment to the LCP Land Use Plan provided that the variation is consistent with the total acreage and boundaries of Development and Open Space shown on the Planned Community (PC) Statistical Summary and does not result in development occurring within the proposed Irvine Coast Regional Park dedication areas. C. PLANNED COMMUNITY STATISTICAL TABLE The Planned Community (PC) Statistical Table contains the statistical breakdown for each of the res- idential and nonresidential Planning Areas shown on the Planned Community Development Map. The residential density categories on the PC Statistical Table, together with the nonresidential land use categories, shall coincide with the land use categories indicated in the LCP Land Use Plan, the PC Zoning Map, and the PC Development Map. Newport Coin LCP Second Amendmem December I. 1996 II -I 1.1 any oi N&MvttBeach "�..,�•. �. — •••• a 10Ay. ) r A 20 9 3 `3E LB9 . C l is + at 118 / /• VC •� Pelican Poi 17 LAB �` 7�.8 � �♦ 4B ♦ aryehal•. fd '�. 38 Reef Point Abalone Point 2C r' r ' / r %1R2i l 1 i is Crystal Cove'state Perk Cep 21C C 21B ,R 21A Laguna Chy Beach pLtQNKED C OOMMUM0 V DEW LDIP EH'T art AIP o S@@@nd C gmfldgnm Exhibit w The Newport Coast Local Coastal Program ® Dwroe<a 1%6 LEGEND •• COASTALMNEBOUNDARY PLANNED COMMUNRY BOUNDARY E--� KAMINGAREABOUNDARY r-1-38-1 PLAHNINGA.REA F737 LOCAL ROAD oomeenON570 P.C.H. © LOW DENS" RESIDENTIAL (0-2) ® MM-LOW DENSf1Y RF..910ENT1AL (23.8) r-K-1 MEDIUM DENSDY RESIDema (L"A ® HIGH DENSRY RESIDEHi1N. (x5.18) `ems r• ♦• FLOOD FEOMq PLAIN M FLOOD PLAIN 3 B MX)DR AMMAL FZ;RPFUMARYAMERIAL E�COLLECTOR =CLASS a REGIONAL BIKE TRAIL 000o REGIONALRIDING/ HSONG TRAIL a W � O �U A a 0 eFex�eeeee000eeF .. .... ..... e e m r °5 s 1001 F sie &Y: ^eeQee a ....... ���... . Fig lei now R f $ o; o U....... ..... F_«aA $ MAR° A as [°M ....... ..... 4 fi Me I �� F S^gm- -A9 <ve ea e=s° e _'- i ° •_ a h ° aV ^ uz 0 !z a ° 9 c PC � Fwx a3 HIS I YI a� � � T SSSSSSSS.]3�¢S S w cQi C �V p HUM M G oz 411HU 11) iE All Planning Areas which allow for residential uses shall be developed consistent with the maximum number of dwelling units indicated for the Planning Area in the PC Statistical Table. The PC Statistical Table shall be revised in accordance with the requirements contained in this Chapter. No amendment to the PC Zoning Map and /or PC District Regulations shall be required solely for the purpose of changing the number of dwelling units or acreage assigned to a Planning Area on the PC Statistical Table, provided the change is consistent with the PC Statistical Summary and the adopted PC Zoning Map, and that the maximum number of dwelling units permitted in The Newport Coast Planned Community shall not exceed 2,600 dwelling units. Compliance with the County's housing Element will be demonstrated in the Housing Implementation Plan. D. PROCEDURES FOR REVISIONS TO PC DEVELOPMENT MAP AND PC STATISTICAL TABLE Revisions to the PC Development Map and Statistical Table shall be in accordance with the following procedures, which are intended to assure compliance with the goals and policies of the General Plan and the LCP Land Use Plan: 1. Any proposed revision to the PC Development Map and Statistical Table shall be accompanied by a project proposal consisting of a Coastal Development Permit, Site Plan, and /or Tentative Subdivision Map and shall require a public hearing before the Planning Commission. 2. Any revision to increase the number of estimated ( "Est (a) ") dwelling units or accommodations in any Planning Area shall be offset by a corresponding decrease in other Planning Area(s), provided that the total number of dwelling units and accommodations shown on the PC Development Map and Statistical Table for the entire Planned Community does not exceed 2,600 dwelling units and 2,150 accommodations, respectively; and the maximum ( "Max (b) ") dwelling units or accommodations shown on the Statistical Table for each Planning Area is not exceeded. 3. Any revision to reallocate the number of dwelling units, accommodations and /or the acreage assigned to land uses from one Planning Area to another Planning Area shall require an amendment to the PC Development Map and Statistical Table. Newpon Cam LCP Saond AmerAmem December .1996 II -11.4 4. Any proposal to reallocate the number of dwelling units, accommodations, and /or the acreage assigned to land uses from one Planning Area to another Planning Area shall require submittal of the following information: s a. A revision to the PC Development Map showing all proposed changes to the PC Statistical Table; b. An analysis of the consistency of the proposed changes with the LCP Land Use Plan and PC Zoning Map and Statistical Summary; c. Identification on the PC Statistical Table of the number of units which have been approved on all Tentative Subdivision Maps and all recorded Final Subdivision Maps, and the dwelling units under construction or those completely constructed at the time of the proposed PC Statistical Table revision; d. Identification of the ownership of parcels to be affected by the proposed PC Statistical , Table revision; and e. Any additional background and /or supporting information which the Director, Orange County EMA, deems necessary. 5. All Planning Area acreages identified on the PC Statistical Table may be revised by the Planting Commission when more accurate information is available. 6. All revisions to the PC Development Map and Statistical Table shall be consistent with the LCP , Land Use Plan and the PC Zoning Map and Statistical Summary. The acreages listed in the Statistical Table for individual planning areas on the PC Development Map may be adjusted up to 10% without requiring an amendment to the LCP Land Use Plan. No revision shall be approved by this procedure which would have the effect of changing the land use category or development/open space boundaries shown on the PC Zoning Map and/or the LCP Land Use Plan. Newpon Cow LCP Sccond Amendment December J. 1996 II -11.5 CHAPTER 12 The meaning and construction of words, phrases, titles, and terms used in this Newport Coast LCP shall be the same as provided in Section 7 -9 -21 of the County of Orange Zoning Code except as otherwise provided in this Chapter. The words "Implementing Actions Program" and the initials "IAP" shall mean the Implementing Actions Program for The Newport Coast Planning Unit of the County's Local Coastal Program, certified by the California Coastal Commission. The words "Land Use Plan" and the initials "LUP" shall mean the Land Use Plan for The Newport Coast Planning Unit of the County's Local Coastal Program, certified by the California Coastal Commission. The word "used" includes the words "arranged for," "designed for," "occupied for ", or "intended to be occupied for." NOTE: Definitions following a single asterisk ( *) are in addition to the definitions contained in the Zoning Code; those following a double asterisk ( * *) are different than the definitions contained in the Zoning Code. *Appealable Area (See Exhibit Y "Anneal Jurisdiction "): a. All area between the sea and the first public road paralleling the sea, or within 300 feet of the inland extent of any beach or the mean high tide line of the sea where there is no beach, whichever is the greater distance; and b. All area within 100 feet of any wetland, estuary, or stream and all area within 300 feet, both seaward and landward, of the top of the seaward face of any coastal bluff. * *Bedroom: Any habitable room other than a bathroom, kitchen, dining room, living room, family room or den. Newport Com LCP Sand Amcndmmi Dccember 7.1996 II -12.1 P A C I F I C QppEaL JUROODD 00 iDOO M= 0Q @ @nl:! Exhibit Y The Newport Coast Local Coastal Program ,r' C'-7,w 0ec .w 3. 1998 " LEGEND LANDS WITHIN 100 FT. OF U.S.G.S. DRAINAGE COURSES M1 LANDS BETWEEN THE SEA AND PACIFIC COAST HIGHWAY COASTAL ZONE BOUNDARY 0 PLANNED COMMUNITY BOUNDARY PLANNING AREA BOUNDARY O PLANNINGAREA I **Building height: Building height shall be measured along perpendiculars (plumb lines) from the elevation of the finished grade to the maximum height above grade specified in the development standards. Where the finished grade slopes at 10% or greater the maximum height above grade shall be as specified in the development standards plus ten (10) feet. These measurements shall be made consistent with the "Regional Interpretative Guidelines, South Coast Region, Orange County." Exhibit Z portrays the application of the height criteria. Maximum height shall be measured to the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. Elevators, mechanical space, chimneys and architectural treatments (intended to add interest and variation to roof design, yet which do not exceed 10% of the roof area, nor exceed the base - height restriction by more than 12 feet) will be permitted. * *Caretaker: A person who lives on the premises for the necessary purposes of managing, operating, maintaining, or guarding the primary use or permitted uses on the premises. The term includes, but is not limited to, a gardener, maid, butler, guard, or other domestic or industriallcom- mercial custodian of the premises. *Caretaker Ouarters: Living quarters, permitted in residential areas, for the housing of a caretaker(s) and the family of the caretaker who live in the same premises (not to exceed 1,500 square feet in floor area on building sites of a minimum 10,000 square feet). Caretaker quarters are not included within the category of, and are not counted toward, permitted dwelling units as specified in this LCP. *Casitas: Overnighttresort lodging consisting of multiple bedrooms that may be rented separately and which may or may not connect with a central living area which may include cooking facilities. * *Coastal Bluff: Includes the following: a. Any bluff where the toe of the slope is now, or within the past 200 years has been, subject to marine erosion; and b. Any bluff where the toe of the slope is within 300 feet of the inland extent of any beach or the mean high tide line of the sea where there is no beach. Newparc COM LCP Seeond Amendmcm Dc=ber l 19% II -12.3 Figure 1 The sides of the envelope are established by the setback of the lot. Figure 3 Side surfaces are established as the guideline height is applied to all points of each side. PARCEL DIMENSIONS SETBACK LINES Figure 2 The elevation of any side surface is specified by the maximum guideline height. Height shall be measured along perpendiculars (plumb lines) from the grade elevation. Figure 4 The upper surface of the envelope shall run parallel to the underlying grade elevation (contours) at the guideline specified height. In other words, the upper surface is that plane of points perpendicular to all points on the grade surface at the guideline specified height B U 0 L 13 6%L-'2:")L19= EN V EELOO PE Exhibit Z The Newport Coast Local Coastal Program G WIIS e Source: California Coastal Commission Regional Interpretive Guidelines, South Coast Region, Orange County r l r- Y i_ *Community Information Center: A temporary structure principally used as an information pavilion and /or office for the sale of homes in the community, and including parking and administrative facilities. * Communiry Service Facility: A for - profit commercial, or nonprofit use established primarily to service the immediate population of the community in which it is located. *Conference Center Facility: A facility, usually in conjunction with a hotel or other visitor accommodations, which offers facilities for business conferences and seminars, including, but not limited to, multi- purpose rooms serving as the main ballroom and prefunction space, smaller seminar rooms, large meeting rooms, audiovisual centers, etc. *Destination Resort: An integrated set of visitor- oriented uses with a variety of overnight/resort accommodations and diverse recreational opportunities including day -use commercial, restaurants, golf course(s), tennis complex(es), health spa(s) and other recreational amenities, conference and meeting facilities ancillary to overnight/resort accommodations, parking facilities, and other incidental and accessory uses supportive of and directly related to the resort. The destination resort will be designed to attract longer -term visitors as well as overnight guests. In order to provide a wide variety of options for visitors, overnight/resort accommodations may include individual hotel and motel rooms, casitas, multiple bedroom unit modules convertible to separate rooms or combined larger units, and individual time -share condominium units suitable for one or more families, all of which may include cooking facilities. Overnight/resort facilities may comprise hotels, individual units owned and /or managed by the hotel operators or owners and individually owned units. The destination resort facilities shall be advertised to the public as an integrated set of recreational visitor - serving attractions, with management of the overnight/resort accommodations structured to allow for both centralized (e.g.. hotel) management and individual owner management. * *Duplex: See Residential Duplex . * *Dwelling Unit: One or more rooms in a structure, including a kitchen, designed for occupancy by one family for living and sleeping purposes, and including a mobile home when such mobile home bears an insignia of approval issued by the California Department of Housing and Community Newpon Com LCP S=nd Amendment December 3.1996 11 -12.5 Development or a housing seal number from the Federal Department of Housing and Urban Development (HUD). i *Environmentally Sensitive Habitat Area (ESHA): A natural drainage course identified in LCP Land t. Use Plan Section 1 -2 -A -2 and Exhibit H. *Exterior Property Line: A property line abutting a public or private street. * *Floor Area. Gross: The total horizontal floor area of all floors of a building, including the exterior walls thereof, measured in square feet; excepting that for commercial, professional and administrative office or industrial buildings or building complexes, areas used in common such as, but not limited to, covered mails, covered walkways, hallways, mechanical equipment areas, stairwells, elevators, lobbies, roofed patio areas, covered entries, covered parking, covered driveways and covered loading areas shall not be included when calculating off - street parking requirements. * *Grade. Finished: The level of the ground surface surrounding a building. *Gross Area: The entire land area within the boundary of a project, measured to the centerline of any abutting arterial highways. *Gross Residential Density: The density of a residential project computed by dividing the total number of dwelling units in the project by the gross area of the project. *Guest Cottage: A detached building, having no kitchen facilities, which is used primarily for sleeping purposes for members of the family occupying the main dwelling or their nonpaying guests (not to exceed 1,500 square feet in floor area.) Guest cottages are not included within the category of, and are not counted toward, permitted dwelling units as specified in this LCP. * *Hotel: Any building, portion thereof, or combination of buildings with access provided through a common entrance, lobby or hallway to guest rooms, with or without cooking facilities, and /or quarters, with or without cooking facilities, retail commercial and other ancillary facilities and which Neon Coau LCP SKOnd A cr4mm' December), 1996 II -12.6 rooms and quarters are designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests. (See also Destination Resort.) *Interior Property Line: A property line which does not abut a private or public street. *Joint Use of Parking: The shared use of off - street parking facilities by more than one type of land use. The same parking spaces are counted to satisfy the off - street parking requirements of more than one land use (e.g., use of the same parking facility to satisfy the off - street parking requirements of a church and an office building). *Large -lot Subdivision: A Subdivision or Parcel Map, prepared for financing or conveyance purposes, where no parcel is smaller than 20 acres; and which includes a declaration that the lots created are not building sites_ This may include Subdivisions or Parcel Maps for commercial or visitor - serving use areas. * *Motel: A building or group of buildings containing guest rooms or dwelling units designed, intended or used primarily for the. accommodation of transient automobile travelers, including but not limited to buildings or building groups designated as auto cabins, motor courts or motor hotels. *Net residential area: The area of land remaining in a project, measured in acres or square feet, after deduction of the area contained in streets (both public and private), schools, parks, flood control works and any other use, easement or incumbrance which prevents the surface use of the property for a building site or construction of structures. *Net usable area (nonresidential): The area of land remaining in a project, measured in acres or square feet, after deduction of the area contained in public and private street and highway rights -of- way, schools, parks, flood control works and any other use, easement or encumbrance which limits the surface use of the property, slopes required to level the site, and required screening and landscaping. The area needed to satisfy the off - street parking requirements is included within the net usable acres. *Overnight/resort accommodations: See Destination Resort. Newport Coass LCP Sxond Amendment December 3. 19% II -12.7 *Regional Park Concession: A use otherwise allowed in a regional park area which is operated by a limited commercial venture with the purpose of serving the recreational needs of park visitors and /or improving public recreation services either financially through lease or other payments to a public agency or functionally through the delivery of a permitted recreational use that otherwise would not be available to the public. * *Residential Duplex: Refers to a residential development where two dwelling units are permitted on one building site. Residential duplex includes planned concept subdivisions and cluster developments; either as conventional subdivisions or planned developments. * *Residential Multiple - Family: Refers to any residential development wherein the minimum number of permitted dwelling units on one building site is three (3) or more. Muldple- family residential includes multiple - family dwellings, apartments, condominiums, and stock cooperative projects. * *Residential Sinele - Familv: Refers to any residential development wherein each dwelling unit is situated on a residential lot of record and no Iot contains more than one dwelling unit and, where permitted, a caretaker's or employee's quarters. Single - family residential includes attached and detached single - family dwellings, planned concept subdivisions, cluster developments, either as conventional subdivisions or planned developments. *Restaurant: An establishment where foods and beverages are prepared and /or dispensed for consumption on or off site. Restaurants include but may not be limited to fully enclosed establishments, partially enclosed establishments, drive -ins, drive - throughs, and fast food establishments. *Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. Newpon Coax LCP Second Ame dmenc December 3.1996 II -12.8 c- CHAPTER 13 LEGAL DESCRIPTION FOR THE SECOND AMENDMENT TO THE NEWPORT COAST PLANNED COMMUNITY THOSE PORTIONS OF BLOCKS 95, 97, 128 THROUGH 134, 161 THROUGH 167, 180 THROUGH 183 AND 195, IRVINE'S SUBDIVISION, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1, PAGE 88, MISCELLANEOUS RECORD MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1: Beginning at the most Southerly corner of the "Cameo Highland Annex" to the City of Newport Beach, said corner being the Northeast right -of -way line of Pacific Coast Highway as described in a deed to the State of California recorded May 20, 1931 in Book 487, page 1, Official Records of said County; thence along the boundary of said City of Newport Beach the following described courses: 1. N. 400 30' 20" E., 364.00 feet; 2. N. 26° 47' 20" E., 465.00 feet; 3. N. 20 12' 20" E., 387.00 feet; 4. N. 850 00' 40" W., 190.00 feet; 5. N. 716 34' 40" W., 174.00 feet; 6. N. 56° 17' 40" W., 53.96 feet; 7. N. 18° 25' 20" E., 109.15 feet; 8. N. 490 27'44" W., 225.00 feet; 9. S. 33° 42' 20" W., 132.05 feet; 10. N. 56° I7' 40" W., 340.87 feet; 11. N. 590 47' 40" W., 410.00 feet; 12. N. 700 35' 10" W., 271.93 feet; 13. N. 24° 45'00" W., 239.20 feet; Newpon Coau LCP Smond Amendment D= mber 3.1996 II -13.1 14. N. 12° 45' 00" W., 194.77 feet; 15. N. 220 15'00" W., 406.53 feet; 16. N. On 45' 00" E., 365.18 feet; 17. N. 060 52' 40" E., 0.76 feet; 18. N. 64° 14' 17" W., 301.15 feet; 19. S. 71 ° 33' 38" W., 315.61 feet; 20. N. 780 08' 54" W., 318.10 feet; 21. N. 070 09' 36" E., 64.02 feet; 22. N. 240 58' 36" E., 63.02 feet; 23. N. 64- 29' 06" E., 50.07 feet; 24. N. 77° 02' 06" E., 151.63 feet; 25. N. 440 39' 56" E., 103.18 feet; 26. S. 72° 11' 37" E., 147.46 feet; 27. N. 020 50' 38" E., I66.07 feet; 28. N. 46° 00' 28" E., 114.21 feet; 29. S. 690 47' 07" E., 145.87 feet; 30. N. 600 27' 58" E., 156.35 feet; 31. S. 270 34' 37" E., 131.08 feet; 32. N. 890 57' 20" E., 732.55 feet; 33. N. 400 57' 20" E., 1,320.00 feet; 34. N. 240 57' 20" E., 1,680.00 feet; 35. S. 890 02' 40" E., 1,050.00 feet; 36. N. 07° 57' 20" E., 852.95 feet: 37. Leaving said boundary, S. 730 59' 15" E., 2,559.23 Feet; 38. S. 890 59' 45" E., 679.33 feet; 39. N. 63- 01' 07" E., 190.96 feet; 40. S. 860 27' 21" E., 465.31 feet; 41. N. 790 17' 39" E., 1036.87 feet; 42. N. 870 09' 43" E., 1338.73 feet; 43. N. 760 05' 30" E., 328.20 feet; 44. N. 570 17' 54" E., 446.57 feet; 45. N. 650 01' 42" E., 434.01 feet; Nempnn Cwu LCP Second Amcndmen[ December 3. ism II -13.2 46. N. 86° 59' 37" E., 553.17 feet; 47. N. 880 54' 48" E., 863.22 feet; 48. S. 76° 08' 53" E., 668.82 feet; 49. S. 780 53' 11" E., 404.48 feet; 50. S. 88° 34' 10" E., 1138.42 feet; 51. S. 810 27' 33" E., 968.88 feet; 52. S. 890 21' 53" E., 1984.12 feet; 53. N. 890 07' 46" E., 1316.15 feet; 54. S. 7I0 07' 11" E., 244.14 feet; 55. S. 460 31' 00" E., 848.19 feet; 56. S. 410 41' 40" E., 538.97 feet; 57. S. 220 14' 31" E., 315.36 feet; 58. S. 38° 33' 52" E., 489.32 feet; 59. S. 24° 22' 42" E., 331.27 feet; 60. S. 120 44' 41" W., 337.73 feet; 61. S. 34° 26' 47" E., 410.92 feet; 62. S. 540 32' 56"' E., 526.14 feet; 63. S. 390 06' 59" E., 465.65 feet; 64. S. 660 44' 19" E., 658.40 feet; 65. N. 830 28' 38" E., 326.82 feet; 66. S. 60° 08' 12" E., 785.39 feet; 67. S. 68° 21' 36" E., 560.20 feet; 68. S. 340 56' 14" E., 457.86 feet; 69. S. 240 59' 11" E., 227.27 feet; 70. S. 620 51' 54" E., 1752.88 feet; 71. S. 64° 52' 34" E., 1493.44 feet; 72. S. 600 59' 36" E., 540.25 feet; 73. S. 490 25' 35" E., 871.18 feet; 74. S. 66° 26' 24" E., 84.08 feet; 75. S. 64° 24' 04" E., 711.68 feet; 76. S. 600 00' 22" E., 513.59 feet; 77. S. 600 24' 52" E., 1287.83 feet to a point in the boundary of the City of Laguna Beach, said point being on a curve concave Easterly, having a radius of 425.00 Newpon Cout LCP Second Amendment December3, 1996 II -13.3 feet, a radial to said curve bears S. 89° 29' 46" W.; thence along last said boundary; 78. Southerly, 47.30 feet along said curve, through a central angle of V 22' 38 "; 79. S. 60 52' 52" E., 264.82 feet; 80. S. 83° 11' 34" W., 228.16 feet; 81. S. 6° 48' 26" E., 443.29 feet to a curve concave Westerly, having a radius of 345.00 feet; 82. Southerly, 149.93 feet along said curve, through a central angle of 240 54' 00 "; 83. S. 18° 05' 34" W., 323.31 feet to a curve concave Easterly, having a radius of 1255.00 feet; 84. Southerly, 142.19 feet along said curve, through a central angle of 6° 29' 30 "; 85. S. 110 36' 4" W., 909.28 feet; 86. S. 11" 17' 49" W., 1113.97 feet; 87. S. 12" 52' 49" W., 385.94 feet to a curve concave Easterly, having a radius of 655.00 feet; 88. Southerly, 258.36 feet along said curve, through a central angle of 22" 36' 00% 89. S. 9° 43' 11" E., 462.58 feet to a curve concave Westerly, having a radius of 145.00 feet; 90. Southerly, 47.78 feet along said curve, through a central angle of 18" 52' 45 "; 91. S. 9" 09' 34" W., 1981.77 feet to a curve concave Easterly, having a radius o 1255.00 feet; 92. Southerly, 255.54 feet along said curve, through a central angle of 11° 40' 00 93. S. 20 30' 26" E., 532.31 feet to a curve concave Northwesterly, having a radius of 195.00 feet; 94. Southwesterly, 261.21 feet along said curve, through a central angle of 76" 45' 00 95. S. 74" 14' 34" W., 215.79 feet to a curve concave Northerly, having a radius of 195.00 feet; 96. Westerly, 132.05 feet along said curve, through a central angel of 380 48' 00 "; 97. N. 66° 57'26" W., 248.29 feet to a curve concave Southerly, having a radius of 1155.00 feet; 98. Westerly, 715.71 feet along said curve, through a central angle of 35° 30' 15 "; 99. S. 77° 32' 19" W., 198.05 feet to a curve concave Southeasterly, having a radius of 555.00 feet; 100. Southwesterly, 227.88 feet along said curve, through a central angle of 23" 31' 30 Newport Coam LCP Se nd Amendment Deamba % 1996 I1 -13.4 101. S. 540 00' 49" W., 350.12 feet to a curve concave Southeasterly, having a radius of 555.00 feet; 102. Southwesterly, 212.42 feet along said curve, through a central angle of 210 55' 45 "; 103. S. 320 05'04" W., 238.45 feet; 104. N. 570 54'56" W., 85.00 feet; 105. S. 320 05'04" W., 400.00 feet; 106. S. 570 54' 56" E., 85.00 feet; 107. S. 320 05' 04" W., 274.68 feet; 108. S. 570 54' 56" E., 230.00 feet; 109. S. 320 05' 04" W., 346.27 feet to a curve concave Easterly, having a radius of 925.00 feet; 110. Southerly, 374.73 feet along said curve, through a central angle of 230 12' 41 "; Ill. S. 80 52'23" W., 583.75 feet to a curve concave Westerly, having a radius of 875.00 feet; 112. Southerly, 184.42 feet along said curve, through a central angle of 120 04' 34 "; 113. S. 200 56' 57" W., 68.73 feet; 114. N. 690 03' 03" W., 60.00 feet; 115. S. 200 56'57" W., 300.28 feet to a curve concave Northwesterly, having a radius of 2945.00 feet; 116. Southwesterly, 20.00 feet along said curve, through a central angle of 00 23' 21 117. N. 680 39' 42" W., 70.00 feet radial to said curve; 118. S. 350 59'04" W., 129.75 feet; 119. S. 660 07' 57" E., 100.00 feet radial to last said curve, to the Southwesterly prolongation of said curve; 120. Southwesterly, 144.78 feet along last said curve, through a central angle of 20 49' 00 "; 121. S. 370 58' 01" W., 681.41 feet; 122. S. 390 22' 40" W., 384.76 feet; 123. S. 470 37' 27" W., 803.58 feet; 124. S. 550 35'41" W., 252.44 feet; 125. S. 420 47' 6" W., 395.44 feet; 126. S. 360 16' 46" W., 395.53 feet; 127. N. 590 13' 57" W., 90.00 feet to a curve concave Southerly, having a radius of 120.00 feet; Newpon Coati tCP Smand Ammdment Da m0er3.1996 II -13.5 128. Westerly, 83.78 feet along said curve, through a central angle of 400 00' 00 "; 129. S. 800 46' 03" W., 106.00 feet to a curve concave Southeasterly, having a radius of 105.00 feet; 130. Southwesterly, 48.87 feet along said curve, through a central angle of 260 40' 00" to a reverse curve concave Northwesterly, having a radius of 110.00 feet; 131. Northwesterly, 255.16 feet along said curve, through a central angle of 1320 54' 19 "; 132. Non - tangent to said curve, N., 12° 52' 23" E., 523.10 feet; 133. N. 0" 05' 03" E., 243.70 feet; 134. N. 250 54' 57" W., 540.93 feet; 135. S. 56° 05' 03" W., 295.13 feet; 136. S. 890 03' 33" W., 246.11 feet; 137. S. 0° 31' 43" W., 160.00 feet; 138. S. 680 01' 27" E., 320.35 feet; 139. S. 50 53' 57" E_, 222.62 feet; 140. S. 270 57'43" W., 515.46 feet; 141. N. 49° 32' 17" W., 198.04 feet; 142. S. 40° 31' 43" W., 543.84 feet; 143. N. 560 21' 01" W., 148.13 feet; 144. N. 49° 28' 17" W., 265.40 feet; 145. S. 810 20' 43" W., 131.76 feet; 146. N. 490 28' 17" W., 1480.30 feet; 147. S. 40° 46' 43" W., 1180.11 feet; 148. N. 530 23' 21" W., 22.86 feet; 149. N. 670 03' 17" W., 36.00 feet to a point of cusp with a curve concave Northwesterly, having a radius of 179.88 feet, a radial to said curve bears S. 67° 03' 17" E; 150. Southwesterly, 57.32 feet along said curve, through a central angle of 18° 15' 33" to the beginning of a non - tangent curve concave Southeasterly, having a radius of 30.00 feet, a radial to said curve bears N. 29° 50' 31" E; 151. Southwesterly, 73.84 feet along said curve, through a central angle of 141* 01' 29" to the beginning of a reverse curve concave Westerly, having a radius of 15.00 feet; 152. Southerly, 16.66 feet along said curve, through a central angle of 63' 38' 11" to the Southwest line of said Block 183; Nrwpon Cow LCP second Amendment DecembcO. 1996 II -13.6 153. Along said Southwest line and said boundary of the City of Laguna Beach, N. 490 28' 17" W., 551.10 feet; 154. Leaving said Southwest Block line, N. 240 51' 03" W., 79.61 feet; 155. N. 00 55' 17" W., 40.00 feet; 156. S. 890 04'43" W., 95.39 feet to said Southwest Block line; 157. Along said Southwest line, N. 490 28'17" W., 2133.40 feet to the West corner of said Block 183. 158. Leaving said City boundary, N. 490 28' 13" W., 2597.84 feet along the Northeast line of said Block 164, being in part the Northeast line of Tract No. 3125 as per map filed in Book 98, pages 9 through 11, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, to the most Northerly corner of said Tract; 159. Along the Northwest line of said Tract, S. 400 30' 55" W., 1167.32 feet, to an angle point in the boundary of the "Cameo Cove Annexation" to the City of Laguna Beach; 160. Along said boundary, N. 530 23' 40" W., 672.23 feet; 161. N. 620 03' 40" W., 1009.13 feet; 162. S. 270 56'20" W., 700.00 feet, to the Northeasterly right -of -way line of said Pacific Coast Highway; 163. Leaving said boundary, traversing along said right -of -way line, N. 620 03' 40" W., 88.01 feet to a curve concave Northeasterly, having a radius of 1450.00 feet; 164. Northwesterly, 612.86 feet along said curve, through a central angle of 240 13' 00 "; 165. N. 370 50'40" W., 445.69 feet to a curve concave Southwesterly, having a radius of 2050.00 feet; 166. Northwesterly, 374.79 feet along said curve, through a central angle of 100 28' 30 "; 167. N. 480 19' 10" W., 1097.18 feet to a curve concave Northeasterly, having a radius of 1450.00 feet; 168. Northwesterly, 383.83 feet along said curve, through a central angle of 150 10' ". 169. N. 330 09' 10" W., 119.30 feet to a curve concave Southwesterly, having a radius of 1550.00 feet; 170. Northwesterly, 518.96 feet along said curve, through a central angle of 190 11' 00 "; 171. N. 520 20' 10" W., 2498.67 feet to a curve concave Northeasterly, having a radius of 4950.00 feet; 172. Northwesterly, 679.63 feet along said curve, through a central angle of 70 52' 00 "; Newport Coin LCP S=nd Amendmml fkcamber 3.1996 II -13.7 173. N. 44° 28' 10" W., 1966.20 feet to a curve concave Northeasterly, having a radius of 1950.00 feet; 174. Northwesterly, 856.24 feet along said curve, through a central angle of 250 09' 30 "; 175. N. 190 18' 40" W., 399.81 feet to a curve concave Southwesterly, having a r- radius of 2050.00 feet; 176. Northwesterly, 1079.94 feet along said curve, through a central angle of 300 11' 00 "; 177. N. 49n 29'40"'W., 5467.56 feet to the point of beginning. ` r Containing 9156.1 acres, more or less. PARCEL 2: r Those portions of said Blocks 131 and 164 lying Southwesterly of the Pacific Coast Highway 100.00 feet wide, as described in a deed to the State of California, recorded May 20, 1931 in Book 487, Page 1, said Official Records, and being bounded on the Southwest by the line of Ordinary High Tide of the Pacific Ocean, on the Southeast by the Northwesterly boundary of the land described in a deed to the Irvine Cove Community Association recorded July 5, 1974 in Book 11189, Page 1323 of Official Records of said County and the Northerly line of Tract 4655, per the map filed in Book 192, Pages 1 through 3, inclusive, of Miscellaneous Maps, L. records bf said County, and on the Northwesterly by the Northwest line of said Block 131, said Parcel being more particularly described by the following two (2) Parcels: PARCEL 2A Being all of that Parcel shown within the distinctive border line on the map of Tract No. 14063, filed in book 670, pages 23 through 29, inclusive, of Miscellaneous Maps, records of said County, and more particularly described as follows: Beginning at the most Northerly corner of said Tract No. 14063, on said Southwesterly line, Pacific Coast Highway; Newpon Coal LCP Second Amendment Dco mber 7. 1996 II -13.8 Thence, along said Southwesterly line, the following three (3) courses: 1. S. 57° 39' 44" E., 14.43 feet to the beginning of a curve concave Southwesterly, having a radius of 1950.00 feet; 2. Southeasterly, 277.98 feet along said curve, through a central angle of 080 I0' 04 ", and; 3. S. 49° 29' 40" E., 800.00 feet; Thence, leaving said southwesterly line and continuing along said distinctive border line, the following sixteen (16) courses: 1. S. 400 30' 20" W., 722.85 feet; 2. S. 15° 09' 40" W., 320.64 feet; 3. S. 39° 40'04- W., 617.07 feet; 4. N. 51° 31' 11" W., 9.73 feet; 5. S. 61- 06' 48" W., 59.78 feet; 6. N. 74° 29' 51" W., 156.61 feet; 7. N. 55° 14' 39" W., 73.02 feet; 8. N. 150 04' 06" W., 75.69 feet; 9. N. 740 21' 28" W., 56.34 feet; 10. S. 730 01' 02" W., 64.35 feet; 11. N. 63° 26' 06" W., 168.74 feet; 12. N. 81° 09' 29" W., 121.10 feet; 13. S. 85° 25' 34" W., 176.97 feet; 14. N. 340 18' 12" W., 165.76 feet; 15. N. 65° 52' 44" W., 63.74 feet, and; 16. N. 770 46' 30" W., 264.79 feet to the Northwesterly line of said Block 131, as shown on the Map of Record of Survey 83 -1105, filed in Book 108, pages 37 through 40, inclusive, of Records of Survey, records of said County; Thence, along said Northwesterly line, N. 40° 33' 07" E., 2102.29 feet to the point of beginning. Containing, 50.56 acres, more or less. Nowpon Cant LCP Second Amendment Deccmbet 3.19% II -13.9 PARCEL 2B Beginning at the intersection of the line of ordinary high tide with the Northerly line of Tract No. 4655 as shown on the map filed in Book 192, pages 1 through 3, inclusive, of Miscellaneous Maps, of said records; 1. N. 57" 37' 00" E., 262.64 feet, and; 2. N. 76" 31' 20" E., 236.91 feet to a point of cusp on a non - tangent curve concave Northeasterly, and being on the said Southwesterly line of the Pacific Coast Highway, having a radius of 1,550.00 feet, a radial line through said point bears S. 32° 52' 05" W.; Thence, traversing along the said Southwesterly Iine, Pacific Coast Highway, the following fourteen (14) courses: 1. Northeasterly, 521.78 feet along said curve, through a central angle of 19" 17' 15 "; 2. N. 370 50' 40" W., 445.69 feet to the beginning of a curve concave Southwesterly, having a radius of 1,950.00 feet; 3. Northwesterly, 356.51 feet along said curve, through a central angle of 10° 28' 30 "; Na 7on Coast LCP Second Amendmem December 3. 1996 II -13.10 Thence, along said Northerly line of said Tract No. 4655, the following eight (8) courses: r r 1. S. 75° 08' 40" E., 45.00 feet; 2. N. 700 51' 20" E., 30.00 feet; 3. S. 73° 08' 40" E., 30.00 feet; 4. S. 46° 38' 40" E., 60.00 feet; 5. S. 660 53' 40" E., 50.00 feet; 6. N. 880 06' 20" E., 35.00 feet; 7. N. 600 15' 00" E., 20.00 feet, and; 8. S. 86° 18' 40" E., 40.00 feet to an angle point in the Northwesterly line -of the land described in said deed to the Irvine Cove Community Association. 4 Thence, along said Northwesterly line, the following two (2) courses: 1. N. 57" 37' 00" E., 262.64 feet, and; 2. N. 76" 31' 20" E., 236.91 feet to a point of cusp on a non - tangent curve concave Northeasterly, and being on the said Southwesterly line of the Pacific Coast Highway, having a radius of 1,550.00 feet, a radial line through said point bears S. 32° 52' 05" W.; Thence, traversing along the said Southwesterly Iine, Pacific Coast Highway, the following fourteen (14) courses: 1. Northeasterly, 521.78 feet along said curve, through a central angle of 19" 17' 15 "; 2. N. 370 50' 40" W., 445.69 feet to the beginning of a curve concave Southwesterly, having a radius of 1,950.00 feet; 3. Northwesterly, 356.51 feet along said curve, through a central angle of 10° 28' 30 "; Na 7on Coast LCP Second Amendmem December 3. 1996 II -13.10 4. N. 48° 19' 10" W., 1,097.18 feet to the beginning of a curve concave Northeasterly, having a radius of 1,550.00 feet; 5. Northwesterly, 410.30 feet along said curve, through a central angle of 150 10' 00 "; 6. N. 33° 09' 10" W., 119.30 feet to the beginning of a curve concave Southwesterly, having a radius of 1,450.00 feet; 7. Northwesterly, 485.48 feet along said curve, through a central angle of 19° 11' 00 "; 8. N. 520 20' 10" W., 2,498.67 feet to the beginning of a curve concave Northeasterly, having a radius of 5,050.00 feet; 9. Northwesterly, 693.36 feet along said curve, through a central angle of 07° 52' 00 "; 10. N. 44° 28' 10" W., 1,966.20 feet to the beginning of a curve concave Northeasterly, having a radius of 2,050.00 feet; 11. Northwesterly, 900.15 feet along said curve, through a central angle of 250 09' 30 "• 12. N. 19° 18' 40" W., 399.81 feet to the beginning of a curve concave Southwesterly, having a radius of 1,950.00 feet; 13. Northwesterly, 1,027.26 feet along said curve, through a central angle of 300 11' 00 ", and; 14. N. 490 29' 40" W., 4,997.56 feet to the most Easterly corner of said Tract No. 14063, on said Northwesterly line, Pacific Coast Highway. Thence, leaving,said Southwesterly line and traversing along the Southeasterly and Southwesterly lines of said Tract No. 14063, the following sixteen (16) courses: 1. S. 40" 30' 20" W., 722.85 feet; 2. S. 15° 09' 40" W., 320.64 feet; 3. S. 390 40' 04" W., 617.07 feet; 4. N. 51° 31' 11" W., 9.73 feet; 5. S. 61" 06' 48" W., 59.78 feet; 6. N. 74° 29' 51" W., 156.61 feet; 7. N. 550 14' 39" W., 73.02 feet; 8. N. 15° 04' 06" W., 75.69 feet; 9. N. 740 21' 28" W., 56.34 feet; 10. S. 730 02' 02" W., 64.35 feet; Newport Cow LCP Second Amendmem December 3. 1996 II -13.11 11. N. 630 26' 06" W., 168.74 feet; I2. N. 81 ° 09' 29" W., 121.10 feet; 13. S. 850 25' 34" W., 176.97 feet; 14. N. 340 18' 12" W., 165.76 feet; 15. N. 65° 52' 44" W., 63.74 feet, and; 16. N. 770 46' 30" W., 264.79 feet to the Northwesterly line of said Block 131, as shown on said Map of Record of Survey 83 -1105. Thence, along said Northwesterly line, Block 131, S. 40° 33' 07" W., 100.00 feet to the line of ordinary high tide; Thence, along said ordinary high tide to the point of beginning. Containing, 287 acres, more or less. This description is prepared for agreement purposes only and may not be used for or in documents for, the conveyance of land. Ne »yon Coot LCP Second Amendment December 3. 1996 II -13.12 EOGEr;: a. � S11Aff�s Eugene A. Shaffer, L.S. 46;4/ 1S 4644 \�. My License Expires September 30, 1998 C,- CAti \���r January 19, 1995 Revised September 27, 1995 Revised November 15, 1995 Revised January 25, 1996 Revised October 29, 1996 11887.02 (003) Ne »yon Coot LCP Second Amendment December 3. 1996 II -13.12