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HomeMy WebLinkAboutAMEND NO 765_NEWPORTER NORTHIII III III I IIIIII I IIII III III II Amend No 765 FINAL (Adopted by the City Council August 24, 1992) EXHIBIT "A" FINDINGS AND CONDITIONS FOR APPROVAL CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT ENVIRONMENTAL IMPACT REPORT NO. 148 DEVELOPMENT AGREEMENT NO. 6 TRAFFIC STUDY NO. 82 AMENDMENT NO. 763 AMENDMENT NO.764 AMENDMENT NO. 765 AMENDMENT NO. 766 AMENDMENT NO. 767 AMENDMENT NO. 768 AMENDMENT NO. 769 AMENDMENT NO. 770 A Environmental Impact Report No. 148 Findings• 1. That a Program Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance, except in the areas of Aesthetics/Light and Glare, Biology, and Public Services and Utilities, and that the remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Final Findings and Conditions - CIOSA Page 1 4 U @ 1 V3M- 1. In conjunction with site plan review, the project proponent shall prepare a detailed temporary grading and landscape plan for the bluff top setback area for the purpose of minimizing bluff erosion. If graded slopes from a development area extend into the bluff top setback area, as proposed by the PC Text, the project proponent shall prepare detailed final grading and landscape plans for the bluff top setback area. The plan shall be reviewed and approved by the Parks, Beaches and Recreation Department, Planning Department, Public Works Department, and Building Department. 2. The City shall prepare a circulation improvement monitoring program to direct expenditures of funds received under the Development Agreement to make improvements and to monitor the status of those improvements. The list of improvements to be implemented shall initially be based on those identified on Table V, with prioritization established based on technical need and ability to implement them in a timely manner. Flexibility to add of delete projects on the list should be maintained to respond to actual changes in traffic volumes and the ability of the City to accomplish improvements so long as the projected Net Benefit to the circulation system is maintained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the City's annual Congestion Management Program and Growth Management Program analysis and the annual review of the Development Agreement, 3. The applicant or successor in interest shall construct or post bond for all frontage improvements identified in the Development Agreement and listed in Table B of the Program EIR. 4. All grading related to the project shall be conducted in accordance with SCAQMD Rule 403. This mitigation measure shall be made a condition of all grading permits related to the project. 5. After clearing, grading, earth moving, or excavation operations while construction activities are being conducted, fugitive dust emission shall be controlled using the following procedures: • Graded sections of the project that will not be further disturbed or worked on for long periods of time (three months or more) shall be seeded and watered or covered with plastic sheeting to retard wind erosion. Final Fndinp and Conditlom • CIOSA Pala 2 n U • Graded sections of the project which are undergoing further disturbance or construction activities shall be sufficiently watered to prevent excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. 6. During grading and construction activities, the applicant shall further control fugitive dust emissions using the following measures: • On -site vehicle speeds on unpaved roads shall be limited to 15 miles per hour. Entrances to all on -site roads shall be posted with a sign indicating the maximum speed limits on all unpaved roads. • All areas with vehicle traffic shall be periodically watered. • Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent accumulations of excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. 7. Office and commercial development on the Corporate Plaza West and Bay View Landing site shall also participate in the Centerride program currently in operation in the Newport Center area. Evidence of intent to participate shall be provided to the City of Newport Beach Building Department prior to issuance of occupancy permit. 8. Bicycle racks shall be required in accordance with the City of Newport Beach Transportation Demand Ordinance. 9. Construction of related frontage improvements shall include bus turnouts and shelters if determined to be necessary and desirable by the Orange County Transit District and/or the City of Newport Beach. Prior to final design and construction of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine if any bus turnouts or shelters will be required. 10. All development shall include street and security lighting (in parking lots and pedestrian walkway areas) which is energy conserving. A lighting plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works. 11. Residential, commercial and office development shall be landscaped with an emphasis on drought resistant plant species which will shade buildings and reduce Final Findings and Conditions - C[OSA Page 3 water and energy consumption during the summer. A landscape plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works prior to issuance of an occupancy permit. 12. The applicant shall ensure that all residential lots and dwellings are sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms. Evidence shall be prepared under the supervision of a City certified acoustical consultant which demonstrates that these standards will be satisfied in a manner consistent with applicable zoning regulations and submitted as follows: A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the City's Advance Planning Manager for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Advance Planning Manager for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the projects plot plan illustrating height, location and construction in a manner meeting the approval of the City's Advance Planning Manager. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations may be required by the Planning Director to verify compliance with STC and IIC design standards. 13. All non-residential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element. Prior to the issuance of any building permits, evidence shall be prepared under the supervision of a City certified acoustical consultant that these standards will be satisfied and shall be submitted to the Manager, Advance Planning in the form of an Final Flndlnp and Conditions . CIOSA Pap 4 6 Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. 14. All freestanding acoustical barriers shall be a berm, wall or combination berm and wall. Walls shall not contain holes or gaps. Walls shall be constructed of slumpstone or other masonry material. Final acoustical barrier heights and locations shall be determined when final grading plans are developed showing lot locations, house/building setbacks and precise pad elevation. Biological Resources 15. Pursuant to Section 1601-1603 of the State of California Fish and Game Code, the California Department of Fish and Game shall be notified of any alterations to streambed habitats. The applicant or any successors in interest shall be responsible for notifying the Department of Fish and Game regarding any grading related to residential development and associated improvements on the San Diego Creek South, Upper Castaways, Newporter North, and Freeway Reservation sites which would alter streambed habitats. The applicant or any successor in interest shall notify the Department of Fish and Game and obtain any necessary permit prior to the issuance of a grading permit. Copies of proper notification and necessary permits shall be provided to the City of Newport Beach prior to issuance of a grading permit. The City of Newport Beach shall be responsible for notifying the Department of Fish and Game regarding any grading related to any public improvements (e.g. trails, recreational facilities, roads, drainage facilities, etc.) in areas designated for open space, public facilities, and/or parks which would alter streambed habitats. The City of Newport Beach shall notify the Department of Fish and Game and obtain any necessary permits prior to commencement of any grading which could alter the streambed habitat. The permits issued by the Department of Fish and Game pursuant to Sections 1601-1603 may require additional mitigation measures deemed necessary by the Department. 16. Wetland delineation studies in accordance and conjunction with the California Department of Fish and Game and U.S. Army Corps of Engineers permitting processes shall be performed for any wetland which will be impacted by grading and construction activities. The applicant or any successor in interest shall be responsible for conducting the wetland delineation studies for wetlands impacted by residential development or associated improvements on the Newporter North and Upper Castaways sites. If residential development or associated improvements on the San Diego Creek South or Freeway Reservation sites encroach into the Bonita Creek wetland, the applicant or any successor in interest shall be responsible for conducting the wetland delineation study. The City of Newport Beach shall be responsible for conducting the wetland delineation studies for wetlands impacted by any public improvements/facilities in areas designated for open space, public facilities, and/or parks which will encroach into wetlands. The studies shall occur at the time specific Final Findings and Conditions - CIOSA Page 5 site plans and grading plans are available and prior to issuance of any grading permits or commencement of grading activities in areas containing wetland habitat. 17. Public use and related facility development for areas proposed for natural open space and passive park uses within the Upper Castaways, Newporter North, Newporter Knoll, Bay View Landing, Freeway Reservation, and Jamboree/MacArthur sites shall be designed to be sensitive to existing biological resources. To this end, facility plans and public uses for these areas shall be prepared In consultation with a qualified biologist who shall determine that such plans and uses do not adversely impact sensitive resources identified on these sites (e.g. wetlands, coastal sage scrub, etc.). If necessary, additional environmental documentation shall be prepared at the time facility plans are prepared to determine if significant adverse impacts beyond those anticipated in this Program EIR will occur. If new significant adverse impacts are identified, additional mitigation measures shall be adopted. 18. Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South, Bay View Landing, and Newporter North sites shall be restricted as follows: Upper Castaways and Newporter North - No grading (except that necessary for trail establishment and improvements, erosion control or bluff stabilization), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place below the existing 60 foot elevation contour surrounding the John Wayne Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation of equipment shall encroach into the hillside above the 25-foot contour of the lower development area. 19. Prior to grading and/or constructing any public facility on the San Diego Creek North site which will encroach into the on -site freshwater marsh, the City of Newport Beach (or other public agency responsible for development of the public facility) shall approve and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the San Diego Creek and Upper Newport Bay Ecological Reserve. 20. Prior to grading and/or constructing any residential development or associated improvement on the Upper Castaways site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new Final Findings and Condition - CIOSA Page 6 freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. 21. Prior to grading and/or constructing any residential development or associated improvement on the Newporter North site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. 22. Development on the San Diego Creek South site shall be designed so as to reduce the amount of light and glare which could potentially spill over into the wetland habitats of Bonita Creek and San Diego Creek. This can be achieved by a variety of means including a combination of sensitive siting of lighted buildings; use of lighting systems which conceal the light source and minimize light spillage and glare; screening walls/berms; and dense landscaping along the edge of the development. Any landscaped edge screening shall include non-invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense, evergreen species which, when mixed, achieve canopy and understory of elements to provide as much screening as possible. The site plan and landscape plan for this edge shall be prepared in consultation with a City -approved, qualified biologist. The site plan and landscape plan shall be approved by the City Planning Department prior to issuance of building permits. 23. Prior to commencing grading, all wetlands habitat in areas intended for preservation shall be temporarily fenced. This measure shall pertain only when grading, stock- piling, or other construction activities are proposed within 100 feet of the boundaries of the wetland area. A plan identifying the wetland area and the location of the fencing shall be submitted to the City of Newport Beach prior to issuance of any grading permit. 24. This measure shall apply to the Newporter North, Newporter Knoll, Bay View Landing, Upper Castaways, San Diego Creek South and San Diego Creek North sites. Revegetation of cut and fill slopes, bluff stabilization/remediation areas, fuel modification zones and other graded areas adjacent to existing sensitive habitat areas (e.g. at the edge of development of residential, public facilities, or recreational areas) shall be accomplished with plant palettes containing predominantly native species. Steeper slopes (greater than 2:1) shall be revegetated with a mixture of coastal sage scrub species including California sage brush which now dominates coastal sage scrub used by California gnatcatchers. Portions of more level areas shall be revegetated Final Findings and Conditions - CIOSA Page 7 0 0 with species of native perennial grasses in an attempt to establish native grassland. An expert in landscape revegetation, who is knowledgeable and qualified in native plant mixtures shall provide consultation into the preparation of landscape plans to ensure that this measure is complied with. Landscape plans shall be approved by the City Planning Department prior to issuance of building permits for private development or commencement of grading for public facilities and public recreation- al uses. 25. All non -emergency grading related to bluff stabilization/remediation on the Newporter North and Bay View Landing sites shall occur during the non -breeding season for the California gnatcatcber. The non -breeding season is from August 1 to January 31. Faulting and Seismicity 26. Buildings four stories in height or higher shall be designed in accordance with requirements for seismic zone 4 as outlined in Chapter 23 of the Uniform Building Code and/or with the benefit of a site specific seismic ground response spectrum study which would be prepared by the project geotechnical consultant and structural engineer to allow matching of building period with site period. The structural plans and/or ground response study shall be completed to the satisfaction of the Building Department prior to issuance of a building permit. 27. Buildings less than four stories in height shall be designed by a Structural Engineer in accordance with UBC Chapter 23 requirements for Seismic Zone 4. Non -critical structures shall be designed to withstand strong ground shaking that may accompany a maximum probable earthquake along the Newport -Inglewood Fault. Critical structures (i.e., hospitals, fire/police facilities, schools, etc.) shall be designed to withstand strong ground shaking associated with a maximum credible earthquake on the Newport -Inglewood Fault. Structural plans, 'including seismic design calctila- tions/parameters, shall be approved by the City Building Department prior to issuance of building permits. 28. Habitable buildings shall not be placed adjacent to (above or below) slopes or bluffs where seismic induced slope or bluff failure could occur. Though the City has established a Bluff Setback Criteria for development on the top -of -bluff (Develop- ment Policy D.2.b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability during an earthquake. Areas potentially prone to such failures shall be identified and further evaluated by the project Gbotechnical Consultant during the Tentative Tract Map review and Grading Plan review stage. The evaluation shall be prepared to the satisfaction of the Building Department prior to the issuance of Final Findin8a and Conditions - CIOHA Page 8 grading permits. Grading and building plans shall reflect the recommendations of the evaluation to the satisfaction of the Building Department. 29. In accordance with the Alquist-Priolo Special Studies Zone Act, a Registered Geologist shall further evaluate and make recommendations regarding the potential for ground surface rupture effecting proposed development on -sites where "Potentially Active Faults" have been identified (Bay View Landing and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the future. The study shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to approval of a tentative tract map or grading permit whichever comes first. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Liquefaction 30. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill surcharging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Erosion 31. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. 32. All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the City Grading Engineer prior to the issuance of occupancy permits. Final Findings and Conditions - CIOSA Page 9 33. Berms and brow ditches shall be constructed to the satisfaction and approval of the City Grading Engineer. Water shall not be allowed to drain over any manufactured slope face. Top -of -slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the City Grading Engineer prior to issuance of grading permits. 34. Prior to the issuance of grading permits, appropriate artificial substances shall be recommended by the project landscape architect and approved by the City Grading Engineer for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the City Grading Engineer. 35. Drainage of both surface and subsurface water over or toward the bluffs on the Upper Castaways and Newporter North sites shall be minimized. Though some drainage of rainwater over the bluff face cannot be avoided, drainage control devices shall be designed to direct excess water from site improvements away from the bluff face. Irrigation shall be controlled to prevent excessive infiltration into the subsurface. The project Civil Engineer shall design grading plans to minimize surface runoff over the bluff faces. The project Geotechnical Consultant shall provide recommendations to minimize subsurface water migration toward the bluff faces prior to approval of Tentative Tract traps or site plans. All design criteria for the control of surficial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Bluff and Slope Instability 36. The project geotechnical consultant shall review the tentative tract map and grading plan for each site and prepare a report addressing all salient geotechnical issues related to bluff and slope stability of any existing bluff or slopes. These reports sball include:1) detailed analysis of field data including surface and subsurface geological mapping; 2) laboratory testing results; 3) stability analysis of existing bluffs and proposed slopes as illustrated on the tentative tract map or rough grading plan; 4) conclusions; 5) recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. 37. Prior to the issuance of grading permits, the Project geotechnical consultant and/or civil engineer shall make written recommendations for manufactured slope stabilization including, but not limited to, buttressing, rock bolting, grouting, slope gradient laybacks, or retaining walls. All necessary recommendations shall be included in the grading plan to the satisfaction of the City Grading Engineer. Final Findings and Conditions - CIOSA Pap 10 38. Though the City has established a Bluff Setback Criteria for development on the top - of -bluff (Development Policy D.2.b.1 of the Newport Beach General Plan, January 21,1991, and Newport Beach Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability. Prior to issuance of grading permits, appropriate safe bluff top setback recommendations shall be determined by the project Geotechnical Consultant based on the evaluation required by Mitigation Measure 3 to the satisfaction of the City Grading Engineer. 39. During grading a geotechnical consultant shall monitor grading operations to ensure that recommendations for slope instability mitigation are implemented. Additionally, the geotechnical consultant shall evaluate slopes as they are graded through geologic mapping and analysis to ensure that no unanticipated conditions are present. Slope stability mitigation recommendations may require modification during grading. Compliance with this measure shall be verified by the Building Department. 40. Prior to issuance of building permits, the geotechnical consultant shall prepare a Rough Grading Report and As -Graded Geotechnical Map for each graded site at the completion of grading of that site. The Report shall summarize and document compliance with all mitigation measures. The Rough Grading Report shall include a statement regarding the adequacy of the manufactured slopes for their intended use and a statement regarding the adequacy of the recommended bluff setbacks. The report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be approved by the City Grading Engineer. Compressible/Collapsible Soil 41. Prior to the issuance of grading permits, written recommendations for the mitigation of compressible/collapsible soil potential for each site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recom- mendations shall be incorporated as conditions of approval for the site -specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the City Grading Engineer. Expansive/Corrosive Soil 42. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory Final Findings and Conditions - aOSA Page 11 0 0 testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. Near Surface Groundwater 43. The project geotechnical consultant and/or civil engineer shall prepare written site - specific reviews of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near -surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on existing or future bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the sites and properties adjacent to the sites if dewatering is recommended. The geotechnical consultant and/or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. Water Quality 44, Prior to the issuance of grading permits, the applicant shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department, 45. Prior to the issuance of grading permits,, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the City Grading Engineer and Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Air -borne and vehicle -borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils; and the moistening of vehicles loads. C. As approved material such as rip rap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrated runoff. Final I Indinp and Condittonc- CIOSA Pan 12 d. During the period of construction activity, existing vegetation which will be retained on -site shall be protected from traffic by the use of fences. If appropriate, buffer strips or vegetative filter strips, such as tall stands of grass, can be used as an alternative and/or supplementary method to protect against sediment buildup. 46. Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or swales) located at disturbed areas or graded right-of-ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. 47. The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the entrance, and its length shall be no less than fifty feet. The entrance plans shall be reviewed and approved by the City Engineer and Grading Engineer concurrent with review and approval of grading plans. 48. The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right-of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. 49. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the City Grading Engineer. Drainage Patterns 50. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain facilities shall be approved by the City Engineer. Any systems shown to be required by the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving Agency. Final Findings and Conditions - CIOSA Page 13 E r� Archaeology ALL PROJECr MISS 51. All sites shall be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant shall select a City -approved qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. 52. The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project, to a local institution which has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. 53. Any excavation of a site located within the Coastal zone of more than two surface meters of dirt shall require a coastal development permit prior to commencing the excavation. All provisions of the California Coastal Commission guidelines shall be complied with. UPPER CASMAYS 54. Prior to any grading related to development of the bluff trail system, open space uses or bluff stabilization which could impact CA Ora-49 and CA Ora-186 on the Upper Castaways site, the sites shall be subjected to test excavations by a City approved archaeologist (experienced in both historic and pre -historic archaeology) to determine site integrity, extent and significance. The methodology of the test excavation shall reflect the recommendations contained in the Cultural Resources report prepared for this Program MR. A report shall be prepared detailing all findings and recommen- dations and submitted to the Planning Department within 90 days of completing test excavations. BAY VIM LANDING 55. Prior to issuance of a grading permit, CA-Ora-1098 shall be surface collected and subjected to test excavations by a City approved archaeologist to determine site integrity, extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. Pinsl Findings and Conditions - CIOSA Pap 14 0 56. Prior to grading for the new park, the project sponsor shall retain a City approved archaeologist to conduct a surface collection and subsurface test excavation of CA- Ora-66 to determine site extent, integrity and significance. A report shallbe prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. 57. Prior to grading for the view park, the project sponsor shall retain a City approved archaeologist to place a test unit on top of the knoll on the Bay View Landing site in the area containing shell scatter, to determine if the shell is representative of a subsurface archaeological deposit. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the test excavation. NEWPORTER NORTH 58. Prior to the use or development of the open space areas for passive recreational uses, CA-Ora-51 and CA-Ora-518 on the Newporter North site shall be surface collected and subjected to test excavations to determine site extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. 59. Prior to the issuance of a grading permit, the applicant shall conduct a surface collection of the eastern extension of CA-Ora-100 which would be impacted by grading and/or development of residential uses. The surface collection shall be conducted by a city approved archaeologist. A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of completing the surface collection. 60. Prior to the issuance of grading permits, the applicant shall conduct a data recovery of program CA-Ora-64 on the Newporter North site. The program shall be conducted by a City approved archaeologist. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the data recovery program. 61. Prior to issuance of a grading permit for residential development or any bluff stabilization, a qualified archaeologist shall review grading and drainage plans to determine if there are any indirect or direct impacts to CA-Ora-51, 52 and 518. If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. NEWPORTER KNOLL 62. Prior to any, grading or use of the site, the City shall conduct a surface collection of archaeological material present on the top of the hill of the Newporter Knoll, with test units placed on the hill to determine site significance and boundaries. One unit shall be placed in the recorded area of CA-Ora-50 to determine if a portion of the Final Findings and Conditions - CIOSA Page 15 0 site still exists. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing surface collection test excavation. 63. Prior to the issuance of a grading permit a qualified City approved archaeologist shall conduct a surface collection of CA-Ora-136 on the Block 800 site and subject the site to test excavations to determine site extent and significance. A test unit shall also be placed in the northern portions of the parcel to determine if a sub -surface midden is under the asphalt and trash. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. CORPORATE PLAZA WEST 64. Prior to the issuance of a grading permit, a City approved qualified archaeologist shall dig post holes in the areas containing surface shell on the Corporate Plaza West site to determine if the shell represents sub -surface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing sub -surface testing. 65. Prior to the issuance of grading permit, the surface near the southern section of the property shall be examined by a City approved qualified archaeologist after removal of brush and prior to any ground disturbance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. FREEWAY RESERVATION 66. Prior to issuance of a grading permit for the northern development area (Lot 2), a City approved qualified archaeologist shall examine the surface of areas previously identified as CA Ora-216. The examination shall be conducted after removal of brush but prior to grading. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. Paleontology 67. Prior to the issuance of grading permits, a collection plan shall be prepared and implemented by a City approved, qualified paleontological monitor for known exposed fossil localities on Bay View Landing, Newporter North, and Upper Castaways. Because of the small nature of some fossils present in these rock units, matrix samples shall be collected for processing through fine mesh screens. The collection plan shall be reviewed and approved by the Planning Department. 68. Prior to the issuance of grading permits, the applicant shall make provisions for the preparation and curation of all fossils possibly recovered from the sites during Final Findings and Condigons - CIOSA Page 16 grading. This shall be done in a manner approved by the City's Planning Depart- ment. 69. Prior to the issuance of grading permits, the applicant shall identify a repository approved by the City s Planning Department which shall receive all fossils collected from the sites. 70. Cliff faces along Upper Newport Bay that have served as a reference section for micro -paleontological studies should be protected from alteration. If bluffs along Newport Bay need to be altered for bluff stabilization purposes, detailed measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of these efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the comparative study and sampling. A report shall be submitted to the Planning Department within 90 days. Law Enforcement 71. The project proponent shall work in conjunction with the City of Newport Beach Police Department to ensure that crime prevention features are included in building design and construction. The City of Newport Beach Police Department shall review all site plans and access plans. Water 72. Prior to issuance of grading permits for the development sites, the applicant shall be responsible for preparation of a Master Plan of Utilities. - The Master Plan of Utilities will determine any necessary expansion of facilities and/or any modifica- tions, upgrades or extensions to the existing water systems resulting from this project. All necessary expansions of facilities and/or upgrades or extensions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. Wastewater 73. Prior to issuance of grading permits, the developer will provide a Master Plan of Utilities facilities for the on -site development in order to determine the exact necessary modifications or extensions to the existing sewer systems, if needed. All necessary expansions of facilities and/or upgrades or extensions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The Plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. Final Findings and Conditions - C[OSA Page 17 0 1. That the Development Agreement is in compliance with California Government Code Section 65864 et seq. and Newport Beach Municipal Code Chapter 15.45. 2. That adoption of the Development Agreement would not preclude the City from conducting future discretionary reviews in connection with the project, nor would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. 1. Once every 12 months from the date of execution of the Development Agreement, the project proponent or his successor in interest shall prepare and submit for review by the City Council a report demonstrating compliance with the terms of the Agreement, as required by Section 15.45.070 of the Newport Beach Municipal Code. • Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the project is a comprehensive phased land use development and circulation system improvement plan with construction of all phases not anticipated to be completed within 60 months of project approval. 3. That the project is the subject of a development agreement which requires the construction of major improvements early in the development program. 4. That the Land Use and Circulation Elements of the Newport Beach General Plan are not made inconsistent by the impact of traffic generated by the project in thatthe projectproposed eliminates certain planned and anticipated development through the dedication of certain sites for permanent open space, and the other development sites are to be developed consistent with or less than that allowed by the General Plan. 5. That an unsatisfactory level of service will not be caused or made worse at any intersection for which there is an identified improvement, Final Findings and Condition - CIGSA Page Is 6. That the benefits to the circulation system resulting from the major improvements substantially outweigh the increased traffic at impacted but unimproved intersections. 7. That there is an overall reduction in ICU at impacted intersections, taking into account peak hour traffic volumes at those intersections, and that the reduction is caused by the improvements associated with the project. Conditions: 1. That the Irvine Company shall make available to the City the monies specified for circulation system improvements consistent with the provisions of Development Agreement No. 6. 2. That the City of Newport Beach shall utilize the monies provided by The Irvine Company to construct in as timely manner as possible major circulation system improvements. These improvements shall be designed to insure that the anticipated overall improvement in ICU anticipated in the traffic study is achieved. D. Amendment No. 763 Adopt Resolution No. recommending City Council approval of Amendment No. 763. E. Amendment No. 764 Adopt Resolution No. recommending City Council approval of Amendment No. 764. F. Amendment No. 765 Adopt Resolution No. recommending City Council approval of Amendment No. 765. G. Amendment No. 766 Adopt Resolution No. recommending City Council approval of Amendment No. 766. H. Amendment No. 767 Adopt Resolution No. recommending City Council approval of Amendment No. 767. Final Findings and Conditions - C[OSA Page 19 Adopt Resolution No. _recommending City Council approval of Amendment No. 768. N 0-faqUiRaTif Adopt Resolution No. _recommending City Council approval of Amendment No. 769. Adopt Resolution No. recommending City Council approval of Amendment No. 770. P \...\JOHN•n\ClOSA\m Nu..Pa c Final Pindln;s and Conditions - C(OSA Pale 20 0- i ORDINANCE NO. 92-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMU- NITY DISTRICT RAGULATIONS AND DEVELOPMENT PLAN FOR NEWPORTER NORTH/NEWPORTER KNOLL The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The subject property is the following real property in the City of Newport Beach, County of Orange, State of California: That portion of Block 55 of Irvine's Subdivision, as recorded in Book 1, Page 88 of Miscellaneous Maps of the County of Orange. as shown in the attached Exhibit "A" and hereinafter referred to as "Property". SECTION 2. Development of the property, which is zoned P-C, shall be as specified in the Planned' Community District Regulations and Development Plan which is approved and adopted pursuant to this Ordinance, and which specifies the permitted land uses, intensity and density limits and development standards and regulations for the property as set forth in the attached Exhibit "B." SECTION 3. The Planning Director of the City of Newport Beach is hereby instructed and directed to apply all of the provisions of said Planned Community District Regulations and Development Plan to the Property as described herein; the same shall be in full force and effect and be a part of Title 20 of the Newport Beach Municipal Code. SECTION 4, The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City within fifteen (15) days of its adoption. The Ordinance shall be effective thirty days after the date of its adoption. LL This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 24th day of August • 1992, and was adopted on the 14thday of Sent. , 1992, by the following vote, to wit: ATTEST: I, , ✓�,�� Attachments: Exhibits "A" & 'B" PLT:,.\CC\DA\A765.ORD AYES, COUNCIL MEMBERS HEDGES, WATT, TURNER, SANSONE HART COX, PLUMMER NOES, COUNCIL MEMBERS NONE 2 F t sm ESl. ' v-1S 117--� In�ivAsA Iprcmff is 7 IRVINE GAO DOE. u7-71 O � RS if•M *41AC EWPORT TUNES RSA-JI o-4 NOTE • ASMS=S KOCK i ►AILS VMASERS 131 � OL inc .Nac rarr,scu a As+Ior$ ttwa r Qi BAY. +S �slAt 1 ` .It i N AA2'� AA2 s ASSESSOR'S AW ROOK4A0IAGE 13 r� 9 L ►l Exhibit 8 NZWPORTER FORTE PLANNED COMMUNITY DISTRICT REGULATIONS Prepared for: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Prepared by: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92658-8904 Adopted , 1992 Planned Community District Regulations for Newporter North ordinance No. Beach City Council on adopted by the City of Newport 12/31/91 0 0 TABLE OF CONTENTS Introduction 1 Section I General Notes 4 Section II Definitions 8 Section III Residential Development Standards 9 Permitted Uses 9 Site Density 9 Maximum Building Height 9 Setbacks From Major Streets 9 Setbacks 9 Coastal Bluff Setbacks 10 Streets 10 Landscaping 11 Parking 11 Fences, Hedges and Walls 12 Section IV Parks 15 Section V Signs 16 Section VI Site Plan Review 17 List of Fiaures Figure I General Site Location Figure II Land Use Plan Figure III Statistical Analysis Figure IV Bluff Setback Exhibit 2 3 7 14 12/31/91 70 INTRODUCTION PURPOSE The Newporter North Planned Community (P-C) District Regulations have been developed in compliance with the City of Newport Beach General Plan. This P-C has also been developed pursuant to Chapter 20.51 of the Newport Beach Municipal Code. The purpose of these District Regulations is to provide for the development of the site as a coordinated, comprehensive project. This will take advantage of the superior environment which results from community planning. Whenever the regulations contained conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these District Regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and various mechanical codes City Standards and Policies related thereto. INTENT It is the intent of this P-C District to permit the development of the Newporter North site for residential dwellings and associated uses as well as parks and environmental open space. The units will be located in close proximity to Newport Center and will provide additional housing opportunities within the City. LOCATION Newporter North is bounded by San Joaquin Hills Road to the north, John Wayne Gulch to the southwest, Jamboree Road'to the east, and the Upper Newport Bay to the northwest. 1 06/10/92 7! • 6 NEWPORTER NORTH PLANNED COMMUNITY DISTRICT q2t2 qti QQ. Ee P-11 RESIDENTIAL PARK OPEN SPACE/NATURAL AREAS 0 LAND USE PLAN NEWPORTER NORTH PLANNED COMMUNITY DISTRICT 3 • 0AOUIN DR. NOT TO SCALE „VSA.. „9,92 13 0 SECTION I Park dedication requirements shall be in accordance with the adopted Circulation Improvement and Open Space Agreement. Water within the Planned Community will be furnished by the City of Newport Beach. Sewage disposal facilities within the Planned Community will be provided by the City of Newport Beach and Orange County Sanitation District No. 5. Prior to the issuance of any building permits; it shall be demonstrated to the satisfaction of the Public Works and Utilities Department that adequate sewer facilities will be available. Prior to the occupancy of any structure, it shall be further demonstrated that adequate sewer facilities exist. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading ordinance and shall be subject to permits issued by the Building and Planning Departments. Building pads adjacent to slope or bluff areas may be raised to an elevation not to exceed ten (10) feet above natural grade. This provision does not preclude raising pad elevations above 10 feet on interior portion of site. Manufactured slopes, if any, shall be stabilized as soon as possible to reduce erosion. If mechanical appurtenances are to be built on building rooftops, they shall be screened from street level view in a manner compatible with the building materials. 06/10/92 ?I ARCHAEOLOGICAL/PALEONTOLOGICAL Prior to the issuance of grading permits, the sites shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. A qualified archaeologist shall be present during pregrade meetings to inform the developer and grading contractors of the results of the study. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered; the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of the subject property until an appropriate data recovery program can be developed and implemented. The cost of such a recovery program shall be the responsibility of the landowner and/or developer. A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. 7. BICYCLE AND PEDESTRIAN CIRCULATION The final design of public on -site pedestrian and bicycle circulation serving viewpark and coastal bluffs shall be reviewed and approved by the Public Works Department; Planning Department; and Parks, Beaches and Recreation. 8. AFFORDABLE HOUSING Affordable housing provisions shall be consistent with City standards. Affordable housing requirements may be satisfied off -site. 9. NOISE Detailed noise studies shall be conducted for the residential development for on -site impacts. Residential development shall comply with the standard of 45 dBA CNEL for interior noise levels and 65 dBA CNEL for outdoor living areas. Noise mitigation programs shall be based upon the recommendations of a licensed engineer practicing in acoustics and be approved by the Planning Department. 5 12/31/91 �5 0 10. STREETS Streets within the development may be either public or private. Public or private streets shall most City standards. The Newporter North development may be a private (gate guarded) community with secured access surrounding the development. a. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property from street level views. Said screening shall form a complete opaque screen and shall not interfere with site distance from streets unless otherwise approved by the City Traffic Engineer. b. Curb -side collection of refuse shall be subject to City of Newport Beach approval. All "on -site" gas lines, electrical lines, and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties from street level views. 13. LIGHTING Lighting systems shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the Engineer stating that, in his opinion, this requirement has been not. Lighting systems for any publicly maintained areas shall use city standard fixtures approved by the Utilities Department. 14. FIRE ACCESS Fire equipment access shall be approved by the Fire Department. N 06/10/92 FIGURE III Newporter North Type Residential View Park Open Space, Natural Areas and Future Roadway Right -of -Way Total STATISTICAL ANALYSIS Acreage Area (Net) Du/Ac Du 1 30.0 7.1 212 2 4.0 0 3 55.2 89.2 7 0 0 212 12/31/91 • 9 SECTION II 1. Streets - Reference to streets within the Newporter North development shall mean either public or private streets. Design of streets shall meet City of Newport Beach standards or as specified herein. 2. Bluff - As used in this document, "bluff" is any natural landform having an average slope of 26.6 degrees (50%) or greater, with a vertical rise of twenty-five (25) feet or greater. 3.yiewoark - For purposes herein, a viewpark represents an area of natural character with provision of a pedestrian/bicycle pathway and passive viewing areas. 8 12/31/91 Mr E SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 1. PERMITTED USES 2. 3. 4. 5. a. Townhouses b. Condominiums C. Apartments d. Single-family detached units. e. Model homes and sales offices f. Recreational uses ancillary to residential uses. SITE DENSITY Residential development area shall not exceed thirty (30) acres with allowance for 212 dwelling units. MAXIMUM BUILDING HEIGHT All buildings shall comply with the height restrictions established by the City for this area. The maximum height of all buildings shall be twenty-four (24) feet measured in accordance with the City of Newport Beach Municipal Code and determined from the grade approved in the site plan review and subdivision approval. 'The maximum height of buildings may be increased to thirty-two (32) feet upon review and approval of the Planning commission and/or City Council. SETBACKS FROM MAJOR STREETS Street Jamboree Road San Joacuin Hills Road SETBACKS a. Front yard Setback from Ultimate Right -of -Way Line Minimum 35 feet to property line. Minimum 35 feet to property line. From any public or private street the minimum building setback shall be ten (10) feet from right-of-way or curb, whichever is greater. Garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. If five (5) foot setbacks are proposed at corner units or lots on curves, adequate sight distance shall be provided unless otherwise approved by the City Traffic Engineer. _�9 9 06/10/92 0 0 b. Side Yard Where property lines are created a minimum five (5) foot side yard setback shall be required. Architectural projections may be permitted subject to the Newport Beach Municipal Code. Zero (0) foot setback will be permitted where a minimum ten (10) feet building to building setback is provided. At side yards adjacent to streets a minimum five (5) foot setback shall be maintained. c. Rear yard Where property lines are created a minimum of ten (10) feet rear yard setback shall be required. Structures, other than walls and fences, along the public bluff top area shall be setback A minimum distance of twenty (20) feet from property line. Architectural projections may be permitted subject to the Newport Beach Municipal Code. Decks and balconies greater than IV above grade may extend into the rear yard setback up to 3 feet. The property line setback from the edge of a bluff shall be located no closer to the edge of the bluff than the point at which the top of the bluff is intersected by a line drawn from the solid toe of the bluff at an angle of 26.6 degrees to the horizontal. in no case shall a property line be located closer than forty (40) feet from the edge of a bluff or any eroded area of the bluff unless the area is restored. U,14-9 Private streets within residential development shall be a minimum of thirty-two (32) feet in width with parking allowed on one side. Through the Site Plan Review process, the following modifications to this standard may be approved: a. The minimum width may be reduced to 26 feet for access drives serving no more than 16 dwelling units. b. The minimum width may be reduced to 20 feet for access drives serving no more than 4 dwelling units. c. The minimum width may be reduced to 16 feet for access drives serving a single dwelling unit. 10 06/10/92 M Mp 10. 11. d. Drives of 20 or 16 feet as provided for the above shall be increased to a minimum width -of 26 feet if serving a common parking area. e. Unless otherwise defined in this text, private streets shall be designed in compliance with the private street standards of the City of Newport Beach. PUBLIC STREETS Public streets within the Planned Community District shall conform to the current criteria as specified by the City of Newport Beach "Design Criteria for Public Works Construction". SITE DISTANCE REQUIREMENTS: Residential development shall be designed to provide adequate sight distance (25 MPH), at the intersection of all private streets and drives, and along curves unless otherwise approved by the City Traffic Engineer. LANDSCAPING Project landscape concepts are intended to allow for maximization of views from residential areas. Interior greenbelt concepts are encouraged. A landscape concept plan shall be submitted as a part of site plan review and subdivision approval. PARKING standards shall provide for: a. Condominiums and Townhomes Dwelling units less than or equal to 1500 square feet shall provide a minimum of 2 parking spaces per unit, including one covered space. In addition, guest parking shall be provided at a minimum rate of 0.5 space per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20 feet in depth or 18 feet where roll up garage doors are provided), in a manner acceptable to the City Traffic Engineer. 50% of the guest spaces may be provided on driveways. 11 06/10/92 ` GUt Dwelling units greater than 1500 square feet shall provide a minimum of 2 covered spaces per unit. in addition, guest parking shall be provided at a minimum rate of one (1) space per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20 feet in depth or 18 feet where roll up garage doors are provided), in a manner acceptable to the City Traffic Engineer. Fifty percent (50%) of the guest spaces may be provided on driveways. ice#MWUTMTMM The size of open and enclosed parking spaces and areas shall be as specified by the residential parking standards contained in the Newport Beach Municipal Code,with the exception that common parking areas which are not curbside shall most the universal parking stall size of 8 1/2 feet in width by 17 feet in depth. A minimum of two (2) garage parking spaces shall be provided per unit. In addition, guest parking shall be provided within the development at a minimum rate of two (2) spaces per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20 feet in depth), in a manner acceptable to the City Traffic Engineer. One of the guest spaces may be provided on the driveway. The project shall be designed so as to provide for adequate non -vehicular circulation from residential units to common recreation and amenity areas as well as from residential units to external parks and roadways. This circulation can be provided via sidewalks adjacent to streets in combination with walkways provided through greenbelt and common areas. Main circulation drives shall have a sidewalk on at least one side. Sidewalks adjacent to curbs shall be a minimum of five (5) feet in width. Sidewalks adjacent to a 3 to 4 foot wide parkway shall be a minimum of four (4) feet in width. 12 06/10/92 13. FENCES HEDGES AND WALLS Fences shall be limited to a maximum height of eight (8) feet, measured from finished grade. Where the fence is required to protect a swimming pool, the fence shall be constructed so as to meet the requirements of the Uniform Building Code for pool safety. Wing walls', where an extension of a residential or accessory structure, may be six (6) feet in height. At street intersections (to include driveway intersections with streets), no such appurtenance shall exceed thirty (30) inches in height above street pavement grade within the triangle bounded by the right-of- way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right-of-way lines prolonged. Landscape plans shall be'designed to provide adequate sight distance (25 MPH) unless otherwise approved by the City Traffic Engineer. 13 06/10/92 GREATER DISTANCE OF TWO CASES WELL APPLY Apt[ PROPERTY LINE SETBACK Mk PRO►pEATY LOW SETBACK TAP OF ELLFF TOE OF BLUFF / MR SULD/NG LIVE SETBACK 1 BLUFF SETBACK CRITERIA JANUARY 29 1991 '-1 40 r SECTION IV PARKS The Newport North view park is intended to be passive in nature, characterized by low intensity usage such as hiking, bicycling and informal recreation. Minimal grading for trail connections to San Joaquin Hills Drive and Back Bay Road will be allowed. It is intended that the physical nature of the view park be a natural setting with unobtrusive additions and minimal lighting. Some low level lighting may be allowed, pursuant to City review, for security purposes. I 15 06/10/92 95 0 0 BECTIOX v A sign program for Newporter North, approved by the Irvine Company shall be submitted for review and approval by the Planning Commission. FU 06/10/92 02 SECTION VI. SITE PLAN REVIEW A. Purpose The effect of this section is to establish a Site Plan Review procedure for Newporter North to insure that the project conforms to the objectives of the General Plan. B. Findings The Site Plan Review procedures contained in this section promote the health, safety and general welfare of the community by ensuring that: (1) Development of Newporter North will not preclude implementation of specific General Plan objectives and policies. (2) The value of property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features. C. Application Site Plan Review approval shall be obtained prior to the issuance of a Grading Permit or a Building Permit for any new structure, including fences, and the establishment of grade by the Planning Commission or the City Council in accordance with Section 20.02.026. D. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: (i) A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking, landscaped areas, signs, fences and walks. The plot plan -shall show the location of entrances and exits, and the direction of traffic flow into and out of off-street parking areas, the location of each parking space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. (2) A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. 17 06/10/92 E. F. (3) Grading plans to ensure development properly related to the site and to surrounding properties and structures. (4) Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. (5) Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. (6) Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. hm- The applicant shall pay a fee as established by Resolution of the City Council to the city with each application for Site Plan Review under Chapter 20.01.070. (Ord. 1686, S 11 1976) Standards The Site Plan Review procedures established for Newporter North shall be applied according to and in compliance with the following standards: (1) Sites subject to Site Plan Review under the provisions of this section shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, Upper Newport Bay, and landscape, giving special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed; (2) No'structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council, on review or appeal, finds that the benefits outweigh the adverse impacts; (3) Residential development shall be permitted in areas subject to noise levels greater than 65 CNEL only where specific mitigation measures will reduce noise levels in exterior areas to less than 65 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less; 18 06/10/92 Me (4). Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways., and other site features shall give proper consideration to functional aspects of site development; (5) Development shall be consistent with specific General Plan policies and objectives, the adopted Circulation Improvement and Open Space Agreement, and shall not preclude the implementation of those policies and objectives; (6) Development.shall be physically compatible with the development'site, taking into consideration site characteristics including, but not limited to, slopes, and sensitive resources; (7) Archaeological and historical resources shall be protected to the extent feasible or appropriate mitigation measures shall be implemented. G. Procedures regarding Public Hearing notification and Planning Commission and City Council actions shall be pursuant to Chapter 20.01.00. t MW it 06/10/92 Ottachment No. 4 ORDINANCE NO. 92-38 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT REZONING THE PROPERTY COMMONLY KNOWN AS BAYVIEW LANDING FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOFr ING PLANNED COMMUNITY DISTRICT REGULATIO AND DEVELOPMENT PLAN FOR BAYVIEW LAND O The City Council of the City of Newport Beach 1)6ES ORDAIN as follows: SECTION 1. The subject property is the following real property in the City of Newport Beach, County of Orange, State o/,Page : That portion of Blod a 55 ande's Subdivision, as shown on a map recorded In Bo8 of Miscellaneous Maps, Records of Orange Counia. as shown in the attached Exhibit "A" and ereinafter referred to as "Property". Title 20 of the Newport Beach Municipal Cate is reby amended to rezone all of the above described Property from U District to the PI ed Community (P-C) District, designate said Property as the Bayview Landing Plann mmunity. SECTION 2 a Planning Director of the City of Newport Beach is hereby instructed and dueled change Districting Map 37, referred to in Section 20.01.050 of the Newport Beach M cipal Cale, and by such reference is made a part of Title 20, to reflect said change as d 'bed in Section 1 hereof and shown in the attached Exhibit "B", and when said Dis cling Maps have been so amended, the same shall be in full force and effect and be a p of Title 20 of the Newport Beach Municipal Code. SECTION 3. Development of the property, which is rezoned P-C pursuant to Ordinance, shall be as specified in the Planned Community District Regulations and Development Plan which is also approved and adopted pursuant to this Ordinance, and 4' • ITY OF NEUORT BEACH 4 � ra•.. September 14, 1992 MINUTES ff �a Proposed ORDINANCE NO. 92-36, beings Ord'92-36 Zoning (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR UPPER PCA 764 CASTAWAYS (PLANNING COMMISSION AFIF MENT N0. 764) . Request to adopt Planned Community District Regulations and. Development Plan for Upper Castaways. This request would provide for the construction of 151 dwelling units and senior citizen housing; property located at 900 Dover Drive, on the southeasterly side of Dover Drive between Westcliff Drive and West Coast Highway; • AND Proposed ORDINANCE NO. 92-37, being, Ord 92-37 Zoning AN ORDINANCE OF THE CITY COUNCIL (94) OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY ar., ;••a4,:,'t DISTRICT REGIILATIONS AND DEVELOPMENT PLAN FOR NEWPORTER PCA 765 NORTH/NEWPORTER KNOLL [PL&MING_ —COMMISSION AMENDMENT NO 765). .Request to adopt Planned Community District Regulations and Development Plan for Newporter North/Newporter Knoll. This request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll; property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort; AND Proposed ORDINANCE NO. 92-38,•being, Ord 92-38 Zoning AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH (94) ADOPTING AN AMENDMENT REZONING THE PROPERTY COMMONLY KNOWN AS BAYVIEW LANDING FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN CA 767 FOR BAYVIEW LANDING (PLANNING COMMISSION AMENDMENT No. 767). Request to amend a ' portion of Districting Map No. 37 so as 'to reclassify property from the U (Unclassified) District to the F-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for active and passive recreational uses on the site; property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. Volume 46 - Page 308 * c I r of NEwpo T Bnc* .t MINUTES IR Motion All Ayee Motion All Ayei Motion All Aye Motion All Ayes 611 x x x September 14. 1992 As a result of the adopted recom- mendations on Public Nearing No. 1, notion was made that Ordinance Nos. 92- 36 and 92-38 be reintroduced, as revised, and passed to second reading on September 28, 1992 (refer to P-C texts and the supplemental report from Planning Department, and Ordinance Non. 92-35 and 92- 37 be adopted. CURRENT BUSINESS 19. Report from Public Works/Traffic Engineering concerning PARK BENCHES ON \(Distri ST HIGHWAY IN CORONA DEL MAR. summary, the City Manager, stated the City staff feels this is an e that should be addressed by taking omprehensive look at benches in the t-of-way, and this is reflected in proposed agenda action. Noon was made to direct staff to re a Council Policy regulating the e ant of park benches on sidewalks, RO QVALITT AFFAIRS CITIZENS ISOR COMMITTEE VACANCY: ion we made to accept, with regret, ter of signation from Cheryl Jaffe, (Distri t 4) Mayor Pro Tom Turner's intment deferred to September 28, to _. i he unexpired term ending 21. Report from a Finance Director concerning B DGIT AMENDMENTS I!D'LEMENTING RBDU IONS IIf THE FISCAL YEAR 1992-93 B The City Manager adv sd that the above supplemental agenda tam deals with amending the budgget and formally implementing raductions in the City's Interim Budget in the ar a of Salaries and Benefits, Maint nanca and OpsraiiAs, Capital Outla and Capital Improvements, as a result oT the State Legislature's adopted budget Notion was made to adopt Resoliktion no. 92-101, approving Budget Amendabut Mos. 005 and 006, formally implementkyls'ed reductions, and adopting the budget for the 1992-93 f scal yo Meeting adjourned at 8:52 p.m., in maJack Brooks, Park i Trea Main Superintendent, who passed away on September 4, 1992. Volume 46 - Page 309 (74) CAC FY 92-93 (40) 92-101 ....... .... •ITY OF NEWPORT BEACH • COUNCIL MEMBERS \3y\ All Ayes Motion All Ayes Motion All Ayes x x MINUTES September 14, 1992 8. 7, to Change to n/8d read: Two at -embers with ' broadmunity experience e=ably residing outsstud area; 9. Change to numbo r d: The City Manad ityAttorney...... As there were no objeco therevisions, the motion wason andcarried. 10. Report to the City Managardingactions taken by the Plannmission on August 20, 1992. Motion was made that Mo fication Nos. Moauica- 4039 and 4040 be ached ed for public tion Nos. hearing on September 28 1992; remaining 4039/4040 items in the report to the City Manager from the Planning D artment received and filed. ORDINANCES FOR ADOPTION 17. pr4o*ed ORDINAN NO. 92-42. being, Ord 92-42 Trfc/Green AN ORDIN CE OF THE CITY COUNCIL Crb Mrkgs OF THE CITY OF NEWPORT BEACH (85) AMEND SECTION 12.48.040(D) OF THE ORT BEACH MUNICIPAL CODE PERT ING TO THE MEANING OF GREEN CURB MARKING IN PARKING METER ZO S. Recycle report dated August 10, 1992 from the Public Works/Traffic Engin Bring Department. The ity Manager briefly stated that the an act ordinance is the result of d cussion at a previous study session b members of the Council to permit arking time limits in the green zones of less than 30 minutes, and specifically in response to Council request to allow two 15 metered spaces near the Dory Fleet to accommodate a request of the Dory Fleet. , Motion was made to adopt Ordinance No. 92-42. 18: Report from the Planning Department regarding: Proposed ORDINANCE NO. 92-35, being; Ord 92-35 The Irvine AN ORDINANCE OF THE CITY COUNCIL Co. Dev OF THE CITY OF NEWPORT BEACH Agm No. 6 APPROVING A DEVELOPMENT AGREEMENT' C-2925 BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR THE (38) CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (DEVELOPMENT AGREEMENT No. 6). Request to adopt a Development Agreement for the Circulation Improvement and Open Space Agreement for eleven sites in the City of Newport Beach; AND Volume 46 - Page 307 n 9 COUNCIL MEMBERS 6CITY OF MWORT BEACH Vp , MINUTES :tom Motion All Ayes Motion x x September 14, 1992 13. WATER MAIN RELINING PROGRAM (CONTRACT 90. 2734) - Accept the work, and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from the Public Works Devartmentt Wtr Mn Ring Prg C-2784 (38) 14. APPLICATION OF MR. AND MRS. HASKELL TO Permit/Crb CONSTRUCT TWO CURB CUTS AT 255 EVENING cuts CANYON, SNORE CLIFFS DEVELOPMENT IN Haskell CORONA DEL MAX - Uphold staffrs recommendation to approve subject (65) application. [Report from the Public Works Department] 15. HARBOR PERMIT APPLICATION NO. 124-3400 - Harbor Uphold staff s recommendation to Permit approve request of Duncan McIntosh to Ap#124- temporarily revise the commercial docks 3400 bayward of LIDO VILLAGE AT 3366 VIA LIDO, subject to conditions in the staff (51) report. [Report from the Marine Department] 16. SPECIAL EVENTS APPLICATION - Uphold Special ` staffs recommendation to approve the Events following application, subject to Ap1192-310 conditions in the staff report from the Revenue Manager: (27) Application No. 92-310 - 19th Annual McIntosh Fall Boat Show, for September 23 - 27, 1992, in the Lido Marina Village. ITEMS REMOVED FROM THE CONSENT CALENDAR Aaenda Item No. 9. Report 'from the City Attorney CAty/CNS racommanding that the Mayor and City Tidelnds Clark execute a 49 year lease of City Lease tidelands bayward of 36 Harbor Island, (31) the lease to be consistent with that approved,. -by the State Lands Commission for Couti'cy tidelands on Harbor Island. Notion was made�to defer action for two weeks; in the meantime, staff directed to review the proposed 49 year lease of City tidelands bayward of 36 Harbor Island and address Council questions. 5. Proposed resolution establishing the Ad W/Npt Hoc Executive Steering Committee for the Comprehen- VEST NEWPORT COMPREHENSIVE PLAN. sive Pln/ Notion was made to adopt Resolution No. Ad Hoc 92-100 with the following revisions as CAC follows: Res 92-100 (24) 1. Mayor as an am-officio member; 4. Delete all of the items after ,..study area..; 5. Delete in its entirety; Volume 46 - Page 306 TO: FROM: SUBJECT: LOCATION: ZONE: LOCATION: City Council Meeting September 14. 1992 Agenda Item No. CITY OF NEWPORT BEACH Mayor and Members of the City Council IU. Request to adopt a Development Agreement for the Circulation Im- provement and Open Space Agreement for eleven sites in the City of Newport Beach. I.r0 B. Ordinance No 92-36 (Amendment No. 764) Request to adopt Planned Community District Regulations and Development Plan for Upper Castaways. This request would provide for the construction of 151 dwelling units and senior citizen housing. Property located at 900 Dover Drive, on the southeasterly side of Dover Drive between Westcliff Drive and West Coast Highway- P-C " ►tD C. Ordinance No 92-37 (Amendment No. 765) Request to adopt Planned Community District Regulations and Development Plan for Newporter North/Newporter Knoll. This request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll. Property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort. ZONE: P-C TO: City Council - 2. Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview landing. This request would provide for active and passive recreational uses on the site. LOCATION: Property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. ZONE: Unclassified APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant The various applications under consideration are part of the Circulation Improvement and Open Space Agreement (CIOSA). These ordinances were re -introduced as a result of the changes to the project made by the City Council and the applicant subsequent to the intial introduction on 1 - . Regulations regarding the adoption of Development Agreements are contained in Chapter 15.45 of the Newport Beach Municipal Code. Regulations regarding Amendments are in Chapter 20.84, and procedures for the adoption and amendment of Planned Communities are in Chapter 20.51 of the Code. L A. Adopt Ordinance No. 92-35 . being AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR THE CIRCULATION IMPROVE- MENT AND OPEN SPACE AGREEMENT (DEVELOPMENT AGREEMENT NO.6) B. Adopt Ordinance No. 9136, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMU- NITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR UPPER CASTAWAYS (PL•ANNING COMMISSION AMENDMENT NO.764) TO: Ci Council - 3. It C. Adopt Ordinance No. 92-37 . being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMU- NITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR NEWPORTER NORTH/NEWPORTER KNOLL (PLANNING COMMISSION AMENDMENT NO.765) D. Adopt Ordinance No. 92-38 . being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE -ZONING THE PROPERTY COMMONLY KNOWN AS BAYVIEW LANDING FROM THE U DISTRICT TO THE P-C (PLANNED'COMMUNTTY) DISTRICT AND ADOPT- ING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR BAYVIEW LANDING ,(PLANNING COMMISSION AMENDMENT NO.767) Background On August 24, 1992, the City Council took a number of actions related to the approval of the Circulation Improvement and Open Space Agreement. Four of the Ordinances involved were re -introduced at that time as a result of changes by the City Council, staff and applicant. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director Byi. Patricia L. Temple Advance Planning Manager Attachments: 1. Ordinance No. 92-35 - Development Agreement No. 6 2. Ordinance No. 92-36 - Amendment No. 764 - Upper Castaways PC 3. Ordinance No. 92-37 - Amendment No. 765 - Newporter North/Newporter Knoll PC 4. Ordinance No. 92-38 - Amendment No. 767 - Bayview Landing PC PLT:CC\DA\DA6.SR5 tachment No. 1 ORDINANCE NO, 92-35 AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THB IRVINE COMPANY FOR THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (DEVELOPMENT AGREEMENT NO. 6) The City Council of the -City of Newport Beach DOES ORDAIN SECTION 1. The City Council finds and declares thatt a. The State Legislature and the City Council ave determined that the lack of certainty in the approval of. development projects can sult in it waste of resources, escalate the cost of housing and other development t the consumer, and discourage investment in and commitment to comprehensive pl ' g which would make maximum efficient utilization of resources at the least econ c cost to the public; and b. Assurance that an applica may proceed with a project in accordance with, existing policies, rules and regulatio and subject to conditions of approval, will strengthen the public planning process ncourage private participation in comprehensive planning, and reduce the economic osts of development; and C. California overnment Code Section 65864 et seq. authorizes cities to enter into development agre ents with any person having a legal or equitable interest in real property for the dev opment of the property; and d. apter 15,45 of the Newport Beach Municipal Code provides requirements and rocedures for the adoption of development agreements; and Development Agreement No. 6 has been prepared in compliance with state law d the Newport Beach Municipal Code; and f. In compliance with state law and city ordinance, duly noticed' public he ings were held by the Planning Commission and the City Council to consider Development Agreement No. 6; and g. The City Council finds that said Development Agreement is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder; and CITY OF NEWPORT BEACH COUNCIL MEMBERS 10-41MV \\\ August 24, 1992 MINUTES li >2 RVLL \.f1LL _ 3. Mayor Sansone opened the public hearing The Irvine on the application of The Irvine Company Company for a series of approvals related to the Circulation Improvement and Open Space Agreement - Development Agreement No. 6. Site specific approvals are also included, as follows: General Plan Amendment 92-2(C): Request GPA 92-2(C) to amend the Land Use Element of the (45) Newport Beach General Plan to allow for an optional permitted land use of affordable senior citizen housing on the Bayview Landing site in association with the transfer of 30,000 sq.ft. of retail commercial entitlement to Fashion Island in Newport Center. The proposal also includes the acceptance of an environmental document; Local Coastal Program Amendment No. 28: LCPA No. 28 Request to amend the Local Coastal Program, Land Use Plan to allow for an optional permitted land use of affordable senior citizen housing on the Bayview Landing site in association with the transfer of 30,000 sq.ft. of retail commercial entitlement to Fashion Island in Newport Center; Proposed ORDINANCE NO. 92-35, being, Ord 92-35 Dev Agm AN ORDINANCE OF THE CITY COUNCIL No. 6 OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (Development Agreement No. 6); Traffic Study No. 82: Request to Trfc Study approve a traffic study consistent with No. 82 the provisions of Chapter 15.40 of the Newport Beach Municipal Code for eleven sites addressed in the Circulation Improvement and Open Space Agreement. Planning Commission Amendment No. 763 - PCA 763 Request to amend the Harbor View Hills Planned Community District Regulations and Development Plan so as to allow for the construction of 48 additional dwelling units; property located at 1501 Ford Road, adjacent to the easterly side of MacArthur Boulevard, between Ford Road and San Joaquin Hills Road, in the Harbor View Hills Planned Community; Proposed ORDINANCE NO. 92-36, being Ord 92-36 Upr Casta- AN ORDINANCE OF THE CITY COUNCIL ways OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR UPPER CASTAWAYS (PLANNING COMMISSION PCA 764 AMENDMENT NO. 764); Request would provide for the construction of 151 dwelling units; property located at 900 Dover Drive, on the southeasterly side of Dover Drive between Westcliff Drive and West Coast Highway; Volume 46 - Page 262 0 CITY OF NEWPORT BEACR* COUNCIL MEMBERS MINUTES 1 August 24, 1992 Proposed ORDINANCE 110. 92-37, being, Ord 92-37 Newporter AN ORDINANCE OF THE CITY COUNCIL North OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR NBWPORTER NORTH/NEWPORTER KNOLL (PLANNING COMMISSION AMENDMENT NO. 765), PCA 765 Requaat to provide for the construction of 212 dwelling units on Newport North and open space on Newporter Knoll; property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort; PLANNING COMMISSION AMENDMENT NO. 766 - PCA 766 Request to amend the North Ford Planned Community District Regulations and Development Plan so as to allow for the construction of 300 additional dwelling units, property located at 3200 University Drive on the northeasterly corner of Jamboree Road and University Drive South, in the North Ford Planned Community; Proposed ORDINANCE NO. 92-38, being, Ord 92-38 Bayview AN ORDINANCE OF THE CITY COUNCIL Landing OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RH-ZONING THE PROPERTY COMMONLY KNOWN AS BAYIVIEW LANDING FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN pCA 767 FOR BAYVIEW LANDING (PLANNING COMMISSION AMENDMENT NO. 767), Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. restaurant or a 40,000 sq.ft. athletic club; property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. Proposed ORDINANCE NO. 92-39, being, Ord 92-39 AN ORDINANCE OF THE CITY COUNCIL ego Cre OF THE CITY OF NEWPORT BEACH Creek No, ADOPTING AN AMENDMENT RE -ZONING THE PROPERTIES COMMONLY KNOWN AS SAN DIEGO CREEK NORTH AND JAMBOREE/NACARTHUR FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR SAN DIEGO GREEK NORTH -JAMBOREE PCA 768 MACARTHUR (PLANNING COMMISSION AMENDMENT NO. 768); Volume 46 - Page 263 * CITY OF NEWPORT BEACH COUNCIL MEMBERS \N\%\A\*\1bf\\ August 24, 1992 Request to amend portions of Districting Maps No. 44 and 66 so as to reclassify property from the U (Unclassified) District to the P-C (Planned Community) District. The proposal also includes a request to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use of the subject property; property located at 3600 Jamboree Road, bounded by Jamboree Road, MacArthur Boulevard and SR 73, and property known as San Diego Creek North located at 3500 Jamboree Road, bounded by the San Diego Creek, Jamboree Road and SR 73; MINUTES PLANNING COMMISSION AMENDMENT DO. 769 - P.CA 769 Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction of 245 dwelling units or senior citizen housing; property located at 855 San Clemente Drive, on the southeasterly corner of San Clemente Drive and Santa Barbara Drive, in Block 800 of Newport Center; Proposed ORDINANCE NO. 92-40, being, Ord 92-40 Corp Plaza AN ORDINANCE OF THE CITY COUNCIL West OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE -ZONING THE PROPERTY COMMONLY KNOWN AS CORPORATE PLAZA WEST FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR CORPORATE PLAZA WEST (PLANNING COMMISSION AMENDMENT NO. 770); PCA 770 Request to amend a portion of Districting Map No. 48 so as to reclassify property from the 0-S (Open Space) and Unclassified Districts to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for the Corporate Plaza West Planned Community. This request would allow for the construction of an additional 94,000 sq.ft, of office development (115,000 sq.ft. total); property located at 1050 Newport Center Drive, on the northwesterly corner of East Coast Highway and Newport Center Drive, across from the Corporate Plaza Planned Community. Report from the Planning Department. Letters of concern about the subject agreement from Newport Harbor Lutheran Church, Leon J. and Audrey E. Misiolek, Brad and Michelle A. Hanford, Betty C. M. Messmer, Fred H. Joyner (dba Tide Office Supply, Inc.), Grace Rosengren, Lynne L. 0. Prechel, Cully Sutherland, Joseph E. and Florence Stasch, Nancy Kerr, Betren I. and Viola M. Smith, Cathleen Himel, Paul T. and Virginia L. Hawker, E. P. Benson, and H.R. Pearson. Volume 46 - Page 264 0 CITY OF NEIIPORT BEACIP \. Y7y 1:V MINUTES August 24, 1992 Letters in support from Citizens for a I GPA 92-2(C) Better Newport, and W. Lee Spencer. Letters expressing support for the City to purchase the Open Space: Kimberly Jansma, Nancy Rayl, M. Garncoa, Lester Packard, J. Coates, S. Carlson, Shirley Packard, Priscilla M. Groth, Doris D. Conroy, Richard Knox, Jenell Wales, Mary Sanders, Catherine S. Wales, J. E. Groth, Henrietta Fletcher, Louis Ballas, Niki Kinkel, and Louise R. Day. The City Clerk advised that after the agenda was printed, additional letters were received concerning the subject proposal: Support - (telephone message) Bob Cooper Concern/Opposition - Mr. and Mrs. Arthur Courteau, Patricia Fonkalsrud (telephone message), Alan Blum, David Williams, George M. Crall (FAX), Shelley Spurgeon, Ann and Lloyd Dietz, Robert M. Barton. In Favor of Open Space/Purchase - Mrs. Joann M. Sprenger, Shirley Clemens, Abby Loubst, Jay and Ann Rhorton, Donald and Frances Burdorf, Pernel and Mary Ann Barnett, Dell F. Kahan, The Newport Conservancy, Jean Wilson Clouse, H. R. Nyholm, Tayna Tarr, Kip and Jamie Kula, Louise Maracellas, Carl L. DeVries, Candi Hubert, Mr. and Mrs. Lynn Friedman, Sue and Charles Turner, Billy Jencks, Mark G. Hoglund (Cliff Haven Community Association), 33 signatures - "Behalf of All Intelligent Newport Beach Residents," Diana Black, Lauri Mendenhall, Mrs. William H. Spurgeon III, Mrs. Lawrence E. Gates, Suzy Picker, Angela Ficker White, and Patricia and Hans Bode. Patricia L. Temple, Advance Planning Manager, in summarizing the proposal noted the following: "This project is composed of a comprehensive set of applications to provide entitlement for the remaining undeveloped sites in the City owned by The Irvine Company. The primary approvals are the adoption of the Circulation Improvement and Open Space Agreement, Development Agreement No. 6, and the vesting of the proposed development pursuant to the City's Traffic Phasing Ordinance. The agreement will be outlined in detail in the presentation by The Irvine Company. The details of the agreement are the result of exhaustive discussions between the company and an ad hoc committee of the City Council formed for the purpose of developing the terms of the agreement. The committee was composed of the Mayor and two City Council members with support from the City Attorney, Public Works and Planning Departments, The Volume 46 - Page 265 *CITY OF NEWPORT BEACH CODICIL MEMBERS MINUTES August 24, 1992 agreement is a product of the City I GPA 92-2(c) Attorney with substantial input from The Irvine Company. "There are three primary components of the agreement: 1) Circulation Funding Program, 2) Open Space Dedication Program, and 3) Provisions for the Vesting of Entitlement. "In preparing the analysis of the project, staff noted that the project would constitute the final discretionary actions in the Newport Center area. As a result, very late in the process, the staff raised the issue of dedication of Newport Village from the Library site to San Miguel Road. The City Council ad hoc committee and The Irvine Company determined that the dedication could be accomplished so long as the company was given the ability to use a portion of San Diego Creek North between the Bayview Drive extension and the Creek for mitigation of San Joaquin Hills Transportation Corridor impacts as discussed in the staff report. This concept has been incorporated into the Development Agreement. "In addition to the approval of the agreement, the development will be vested pursuant to the provisions of the Traffic Phasing Ordinance. This approval is under the long-term comprehensive project provisions which allow for the use of the net benefit concept. The balance of the approvals are the adoption or amendment of eight planned community texts which set forth development standards for each site. The standards include height limits, setbacks, parking requirements, landscaped standards, etc., for four sites of the Castaways, Newporter North, Block 800 and San Diego Creek South, and will be subject to site plan review and tentative tract map approval. Development on Block $00, Newporter North, and Bayview Landing will be subject to use permit requirements. Develop- ment on Freeway Reservation East will be subject to additional tract map approval; the only site for which there is no discretion- ary action is Corporate Plaza West. "Subsequent to preparation of the staff report, the need for minor alterations to two of the mitigation measures were identified. Additionally, The Irvine Company has met with the U.S. Fish and Wildlife Service, and has identified an additional mitigation measure. These are Volume 46 - Page 266 0 CITY OF NEWPORT BEACIO CWWIL MDMT5 LAM4A W August 24, 1992 described in the Supplemental staff report to the Council, and should be incorporated into the final action of the City Council, if it is taken this evening. In addition, some minor modifications to the findings prepared for certification of the Environmental Impact Report have been identified. The list of discretionary actions on page 5 (staff report page 306) should be amended to include Local Coastal Program Amendment No. 28 and the related approval in concept. The significant effect on biological resources identified on page 36 (staff report page 337) should be revised from will to may, to accurately reflect the language in the text of the EIR. "The staff would like to note for the City Council the additional requirement that has been incorporated into the P-C Text Amendment for the southern portion of the Freeway Reservation East site (Harbor View Hills Planned Community). This measure will require an additional acoustical analysis of the designs of the structures to assure optimal sound attenuation from that development for the adjacent community. "Another issue raised in the staff report is access from Dover Drive to the view park and bluff top areas of the Castaways site. If the City Council desires to impose a requirement of this nature, staff has prepared additional language for the planned community text. "Correspondence received by the City Council prior to the hearing has requested a 75 foot setback from the top of the slope for the Castaways and Newporter North sites. This request was based on an estimate of a projection of a 2 to 1 slope from the existing toe of slope on the Castaways site. It t s important to note that the bluff side setback established in the draft P-C Text under consider- ation, include the greater of this projection of a 2 to 1 slope from the existing toe of slope or 40 feet, 'whichever is greatest. It is the opinion of staff that the concern raised by this correspon- dence 1s satisfactorily addressed by the existing provisions, since if the scenario presented is true, the existing provisions in the P-C texts would result in the requested setback. Volume 46 - Page 267 W1 GPA 92-2(C) i CITY OF NEWPORT BEACE19 COLNrCIL MEMBERS MINUTES \n\%0%0011'f\1\ August 24, 1992 "The Planning Commission received a number of comments regarding the widening of Dover Drive to the master plan configuration of six lanes. While the project includes grading out of the roadway for this purpose, the subject of the master plan designation of the roadway is not subject to alteration at this time. The designation of Dover Drive adjacent to Upper Castaways has long been on the master plan of streets and highways and is also on the County master plan of arterial highways. The need for this road is not directly related to the development of Upper Castaways, but is required as a frontage improvement requirement of the development. As part of the Traffic Study, the long term need for this improvement was again validated. This arterial designation is necessary to maintain the correlation of the City's Land Use and Circulation Elements which was achieved by the General Plan update approved by the City in October of 1988. "At the Planning Commission hearing, several persons testified in regards to the relationship of the possible future widening of Dover Drive to the ultimate need for the construction of the 19th Street bridge over the Santa Ana River. During the Commission meeting, staff indicated that there is no connection between the widening of Dover Drive and the need for the 19th Street bridge. In the response to comments, staff had the consulting Traffic Engineer validate the traffic consequences of the project on the ultimate need for the 19th Street bridge. A special traffic model run revealed that of all the automobiles anticipated to utilize the 19th Street bridge, only 640 (2.5%) will also use the portion of Dover Drive between Coast Highway and Wastcliff. This is the total automobile trips which cross the City of Costa Mesa via 19th, 17th and 16th Streets. Of these 640 trips, only 81 (0.3%) can be attributed to the project, and only 30 (0.1%) can be attributed to the development proposed for Upper Castaways." The Public Works Director, referencing certain aspects of the Circulation Element improvement funding, stated that the point he wished to emphasize is that the funding advance will be available to use as matching funds and thus can be leveraged. The City competes with other cities and other agencies for funding under various regional funding programs and almost all Volume 46 - 268 GPA 92-2(C) • CITY OF NEIIPORT BEACP MIMUTES August 24, 1992 the programs available require matching GPA 92-2(C)' funds, thus the funds proposed to be advanced can be leveraged and very useful in completing the remaining elements of the Circulation Element in the General Plan. Further, the priorities for completing those projects will be set by the City. With respect to the San Diego Creek North Planned Community site, the Public Works Director stated it includes an area for the proposed ramp from Jamboree Road to the San Joaquin Hills Transpor- tation Corridor, and he would like to recommend that paragraph 5.1 of the Development Agreement be amended to read as follows: "Company shall dedicate to the City the area shown as open space/public facilities on the Planned Community Development text for each parcel, with the exception of certain lands on the San Diego Creek North site that may be necessary for implementation of the San Joaquin Hills Transportation Corridor which should be offered for dedication directly to the Transportation Corridor Agency." In response to question raised by Council Member Plummer relative to the widening of Dover Drive, the Public Works Director stated that the area in question pertains to Dover Drive between Pacific Coast Highway and Westcliff Drive only. In response to question raised by Council Member Hedges relative to what circulation improvements are contemplated by the approval of a Development Agreement, as opposed to what otherwise would be constructed without the benefit of a Development Agreement, the Public Works Director commented that the Agreement does not directly specify any circulation system improvements other than the obligations of the various parcels to construct fronting improvements associated with development of the specific parcel, but the Agreement does provide for an advance of funding in the amount of $20.6 million that would be available for the City to use for improvements to any element of the circulation system in the General Plan. The City Attorney advised that the Development Agreement specifies three criteria that the City has to apply in considering how to use the advance funding which are: 1) improvement has to be consistent with the Circulation Element, 2) contribute to the overall reduction in ICU at certain intersections, and 3) represent improvements which have been considered by the Council in finding that the benefits to traffic circulation resulting from the agreement Volume 46 - Page 269 0 CITY OF NEWPORT BEACR* COUNCIL MEMBERS MINUTES �f August 24, 1992 CALL - substantially outweigh any increase in traffic congestion at impacted, but improved intersections. In response to Council Member Hedges inquiry, the Public Works Director stated that the most significant project that the City Council has approved preliminary steps on is the widening of MacArthur Boulevard from PCH to Ford Road, and to the future San Joaquin Hills Transportation Corridor. Council Member Hart pointed out for the benefit of those in the audience that the Planning Commission approved less than a 40 foot setback on the coastal bluff which was referenced earlier by Ms. Temple. In response to remarks by Council Member Hart, Ms. Temple stated that at the time The Irvine Company indicated to the City staff that they were willing to give up on the request, to have that encroach- ment into the bluff top setback area, it was the assumption of staff that any larger setback was automatically acceptable, and as a result, staff went ahead and altered the Planned Community Text for Castaways and Newporter North, and those actions are now before the Council. Consequently, it is being recommended that Ordinance Nos. 92-36 and 92-37 be reintroduced. In response to question raised by Council Member Watt regarding the 40 foot setback, Ms. Temple commented that the provisions in the P-C text are exactly the same as in the bluff setback ordinance established in the City's municipal code which sets a 40 foot minimum or greater, if the projection of a 2 to 1 slope from toe results in greater than 40 feet. However, in the correspondence the City Council received, the author based his calculations on a 75 foot setback which he felt was correct. Discussion continued wherein Ms. Temple stated that the provisions of the Circulation Improvement and Open Space Agreement provide for payment of three different types of funding for circulation improvements and roads: 1) prepayment of fair share fees, 2) commitment to frontage improvements, and 3) advance funds paid to the City. In essence, the Agreement will require the City to return back to The Irvine Company, 50% of the fair share fees that gather on a yearly basis, and if at the end of 20 years the advance is not fully repaid, then the balance is forgiven. The other aspect of the advance is that it is interest free. Volume 46 - Page 270 GPA 92-2(C) • CITY OF NEWPORT HEACEOL COUNCIL MEMBERS MINUTES XAA \1\�\�\ August 24, 1992 In reosponse to question raised by Mayor GPA 92-2(C) Sansne, Me. Temple stated that each project, with the exception of Corporate Plaza West, has a specific set of subsequent discretionary actions which must be approved, at minimum, by the Planning Commission, and possibly the City Council if appealed or called up. Corporate Plaza West, unless the project is proposed to vary from the development standards contained in the P-C, could proceed without further discretionary action. In response to question raised by Council Member Hedges, Ms. Temple explained how fair share fees are calculated pursuant to the provisions in the Municipal Code. Raymond Watson, Vice Chairman of The Irvine Company and resident of Newport Beach, addressed the Council and stated this specific proposal began three years ago, and during this period, they have met with the City Council Ad Hoc Committee, Parks, Beaches & Recreation Commission, community associations, SPON, Newport Conservancy, and as a result, they have modified their plan along the way. He stated that not everyone is going to be happy with the outcome, but for the most part, they feel they have met the needs and desire of the community and that it has been a very constructive and healthy process. He added that they are not requesting anything more than what is allowed under the General Plan. Tom Redwitz, Vice President of The Irvine Company, gave an in-depth and detailed slide presentation of the history connected with this proposal; an outline of the proposed Circulation Improvement and Open Space Agreement; and a review of the twelve sites included in the subject Agreement. In summary, he noted that they reviewed 12 sites totaling 258 acres; the proposal consists of $21.1 million in financial commitments for circulation system improvements; there are 152 acres of open space (77 acres more than required in the General Plan); there will be less development than the City General Plan allows; and significant benefits to the City and Community. Mr. Redwitz pointed out that the Development Agreement requires that each project come back to the City Council (except for Corporate Plaza West) for subsequent public hearing and review by the City prior to any construction. In addition, nothing in the Development Agreement precludes the City, Newport Conservancy, or any third party from acquiring or purchasing the Castaways or Newporter North sites for open space. Volume 46 - Page 271 i CITY OF NEWPORT BEACI* COUNCIL MEMBERS MINUTES CR\August 24, 1992 In response to question raised by Council Member Mart, Mr. Redwitz confirmed that conceptually, as it relates to the Castaways site, The Irvine Company will not build homes any higher than 2-story, and that the homes closer to Dover Drive will be somewhat similar to the surrounding community, such as Mariners. In response to question raised by Council Member Turner regarding senior housing or in -home care, Ms. Temple commented that the Land Use Element of the General Plan makes broad provision for senior citizen housing facilities. In residential areas, it acknowledges that the provision for senior citizen housing facilities may involve densities higher than any specific density limit or dwelling unit limit provided for in the Land Use Element that is allowed under the General Plan, upon the finding that the project that is ultimately constructed would be no more by way of traffic generation than the standard residential project at the density indicated in the General Plan. In essence, depending on the character and nature of the facility, you may have significantly more rooms or beds, etc. Assisted living and skilled nursing facilities are subject to approval of a Use Permit. In response to question raised by Council Member Watt regarding siting and bulk, Ms. Temple stated that the provisions contained in the Development Agreement provide for subsequent discretionary action of most of the sites via site plan review. The site plan review procedures are a mechanism whereby the Planning Commission can review the site plan in order to address specific site planning issues. In this ,type of an assessment, it would be her observation that the City Council does not have as much discretion as it would normally have in a regular tentative tract map zoning adoption process. However, through the site plan and tentative map procedures, there is a significant amount of discretion that the City has in terms of affecting the site plan itself, and the grading plan as well. The City will not be able to make wholesale alterations to the development standards. In response to question raised by Council Member Hedges regarding the open space dedication conditions (Exhibit F), the City Attorney advised Exhibit F does state that the City is required to record a covenant, but the Development Agreement itself specifically authorizes the City to transfer parcels dedicated to open space to third parties, so long as that third party assumes the responsibility for maintaining it as open space. Volume 46 - Page 272 GPA 92-2(C) l 0 CITY OF NEWPORT BEACP COUNCIL MEMBERS MINUTES \�\140'%V0\1\ August 24, 1992, Council Member Hedges inquired as to how GPA 92-2(C) much it would cost the City to maintain the properties proposed to be dedicated for open space or park use, to which Ron Whitley, Director of Parka, Beaches and Recreation indicated it is estimated between $100,000 to $150,000 annually for all the acreage involved. Discussion ensued with respect to what amount of revenue would be generated in terms of property taxes as a result of this build out, wherein Council Member Turner advised that this was an item of discussion at their Circulation Buildout Ad Hoc Committee meetings. They took into consideration the loss of taxes by not building out more square footage, but they also felt it was reflective of the philosophy the City wanted to maintain when it approved the amendments to the General Plan in 1988 and down zoned certain properties throughout the City. In response to remarks of Council Member Watt regarding the Jamboree/MacArthur Triangle and San Diego Creek North sites not being suitable for office space because of San Joaquin Hills Transportation Corridor, Mr. Redwitz commented that he concurred that both sites will be difficult to build on, but are buildable. He stated it is their understanding that there is a desire among the community and the City to reduce office entitlement because there would be a net benefit to the circulation system due to fewer cars. Also, that amount of square footage within the General Plan is being eliminated and is not being proposed to be transferred to another site. In response to question raised by Council Member Turner regarding the Development Agreement as it relates to the Castaways site, Ms. Temple advised that the P-C text as currently drafted in the Agreement, does not preclude the creation of a direct vehicular and pedestrian access from the current and of 16th Street to the bluff top/setback and park areas. However, it does not mandate that it occur and the way it is structured currently, if The Irvine Company were to choose to construct a gate -guarded community, it may not be feasible to bring a public road through that area based on their development concept. She stated she had indicated earlier that this is an issue raised by the Lutheran Church, and if it is the opinion of the City Council that such an access is absolutely necessary, then she would suggest that a provision be added to the P-C text making said requirement. Volune 46 - Page 273 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES A\ August 24, 1992 Mr. Watson addressed the Council again in reply to Council Member Turner's remarks regarding dedication of property, and indicated that they will work with the City in terms of flexibility regarding the subject of dedication; however, when they convey property for open space it is their intent to impose restrictions whereby that property remains unchanged as to its use. Mayor Sansone made reference to the height limit allowed for the Castaways site, wherein Mr. Redwitz stated that pursuant to current zoning, they are allowed up to a 32-foot height limit. He stated they may not need the 32-foot height limit, but it is very difficult to estimate the actual height limit at this time without the benefit of knowing the product they are going to build. In response to question raised by Mayor Sansone regarding the feasibility of switching the senior housing project proposed for Bayview Landing to the Castaways recreational park site, Mr. Redwitz commented that as a result of their study and the various outreach community meetings, it was felt that there is a desire to have an active park on the Castaways site; however, if it is the desire of the City Council to provide affordable housing on the Castaways site, and an active park on Bayview Landing, they would not oppose the idea. In reply to question by Council Member Watt, Mr. Watson indicated that if this switch in use were approved, and the Newport Conservancy were to purchase the Castaways site, the purchase price to the Conservancy would not be penalized. At this time the meeting was opened to public testimony. Carl Hofbauer, 20421 Bayview Avenue, Santa Ana Heights, representing SPON, commended The Irvine Company in their efforts to arrange for public acquisition and permanent protection of open space of the Upper Castaways and Newporter North sites, and he hopes their efforts are successful. He stated he would like the City Council to consider the various recommendations referenced in SPON's letter dated August 18, 1992. He cited some of their primary concerns as follows: 1) They feel the minimum bluff setback should be increased from 40 to 75 feet. 2) They would like to limit development on Newporter North to above the 110 foot contour. Volume 46 - Page 274 GPA 92-2(C) r CITY OF NEWPORT BEAC10 FKITWPM�•_ August 24, 1992 3) They support efforts to limit average heights of development on Upper , Castaways and Newporter North to 24 feet. 4) That there be public access from 16th Street to the bluff park on the Upper Castaways. (In his own oppinion, pedestrian access would be sufficient). Dr. Jan Vanderaloot, 2221 16th Street, stated 'that he has met with representatives of The Irvine Company over the past few years regarding this project, and commended them in "pulling back development" in some of the wetland areas and dedicating more open space than required in the General Plan. He also commended the City for assisting in the purchase of properties at Upper Castaways and Newporter North for permanent open space. He suggested that no development be Allowed in the Newporter North site in the best interest of the ecology of Newport Bay. If development is allowed, the Fish and Wildlife Service as well as the Fish and Game Department, contend that the Coyote that is at the Newporter North site now will probably disappear from site. He stated that the magnitude of this problem is described in the Bolas Chica EIR where development of some 4000 homes is being considered on the mesa above the wetlands in Huntington Beach. In reference to East 16th Street, he stated that the EIR does not address the impacts to East 16th Street, inasmuch as there has not been a noise or traffic study involving East 16th Street; it only analyzes 16th Street between Dover and Irvine Avenues. He suggested that prior to approving this project, the Council consider the impact of the 1500 per day vehicle trips at the end of 16th Street which will affect the people of East 16th Street. In concluding, he stated that it is the opinion of the City Manager of Huntington Beach that property taxes from residential developments in that City ultimately do not pay for the services that are needed to serve those residential developments, and this may apply to other cities as well. Therefore, it could prove that it will cost more to have residential developments on the Castaways and Newporter North than by keeping the property as open space. He also hopes the City gives Newport Conservancy enough time to purchase these two parcels so they will remain as open space. Allan Beek, 2007 Highland Avenue, stated he was pleased to see the City Council and staff, The Irvine Company, and Newport Conservancy working together to give the voters a chance to purchase the Castaways and Newporter North parcels, and he looks forward to seeking voter approval. However, that is not the issue Volume 46 - Page 275 ,ii,liis GPA 92-2(C)l CITY OF NEWPORT BEACRO DOC" CWNCIL MEMBERS 1� WV \ August 28, 1992 at this time. He stated that the Development Agreement under consideration incorporates by reference a set of code amendments, and if the Agreement is approved, he felt the City has "tied the hands for all future City Councils." Therefore, the Council will lose forever the power to amend, correct errors, or keep up-to-date. Any oversights will be permanently frozen in, and to sign the Agreement would be a tragic mistake. He referenced the letter from SPON to the City Council dated August 18, 1992, citing short- comings in the Agreement. He discussed the topic of gated communities and explained his reasons for opposing same. He addressed the subject of separating open space from private homes as illustrated in a brief slide presentation. He stated he supports the Mayor's comments relative to a 24-foot height limit. In conclusion, he urged the Council to not approve the Development Agreement as he does not feel it is necessary. Anita Meister -Boyd, 1848 Port Carlow, spoke regarding the parcel known as Freeway Reservation East in which there are 12 dwelling units proposed on the site. She stated that the open space that currently exists on this property is shared by adults and children for active and passive recreational use, and on the 4th of July, the community congregates to observe the fireworks festivities throughout the City. Freeway Reservation East, sometimes referred to as Nature Park Extension, meets the objectives of open space as set forth in the EIR, but the 17.3 acres left after the proposed development on the subject property does not meet the City's criteria as they are relatively inaccessible and are unsuitable for active or passive uses, except as a small proposed park. She emphasized the noted differences between the Freeway Reservation East parcel and all the other parcels under consideration relative to the proposed 12 dwelling units as enumerated in her letter to the City Council. In concluding, she urged that this site be preserved as open space. Robert Davis, representing Newport Harbor Lutheran Church, 798 Dover Drive (adjacent to the Castaways site), stated their primary concern is Exhibit "F" which they feel creates a landlock situation for the church. When Dover Drive is eventually extended, the City will purchase land from the church for the frontage, and as a result, they will have no place to expand or be able to trade the City for equal amount of land on their southerly property line. Therefore, it will make them illegal to operate under their conditional use permit. He pointed out that the Development Agreement as written, Volume 46 - Page 276 MINUTES 92-2(C) 0 CITY OF NEWPORT BEACR* COUNCIL MEMBERS MINUTES \I\�%00* L August 24, 1992 particularly Exhibit "F", causes further JGPA 92-2(C) problems, which he has set forth in a detailed letter to the City Cotit C'J' dated August 12, 1992, citing (in part) as follows: 1) The Agreement will harm their present programs and future expansion plans;, 2) The Agreement provides inadequate parking for both the proposed parks; 3) The Agreement provides inadequate public vehicular access to the passive park and the bluff viewpoint, and 4) The agreement does too little to protect the bluffs and its environment. Mr. Davis displayed an exhibit outlining a proposed plan by the church, recommending that the parking be placed on the north end of the park, and that 16th Street be realigned for improved access. Taylor Grant, Vice Chairman of the Parks, Beaches & Recreation Commission, addressed the Council in response to inquiry regarding the proposed park on the Castaways site. He stated that currently it is anticipated the park will accommodate a combination soccer field and baseball diamond, unlighted, with supporting restroom facilities and probably a tot lot. Specific parking is pprovided for adjacent to the active park in the conceptual plans. Linda Schindler, 1800 Port Tiffin Place, spoke in support of retaining the Freeway Reservation East (Nature Park Extension) as open space, She stated she concurred in the remarks of Anita Meister -Boyd in opposing the proposed 12 dwelling units on this site. She stated that in reviewing the EIR, she noted that 9 out of 12 items were a negative impact if this land was developed, and therefore, urged the Council to reconsider the proposal for this site. Karen Evarts, 426 Via Piazza Lido, stated she is a 20 year resident of the City and also a charter member of "Citizens to Save the Blufftops," and will be speaking on behalf of herself and the Committee. She commended The Irvine Company, City staff and City Council for their careful planning and vision as reflected in the Development Agreement of the City's remaining open space. She discussed the seriousness of the current and future drought situation as it relates to new development; the proposal to sell the Castaways and Newporter North sites by Volume 46 - Page 277 40 CITY OF NEWPORT BEACH* COUNCIL MEMBERS MINUTES �'F\0 \ August 24, 1992 The Irvine Company, and the need for the City to help financially in those acquisitions for open space; she cited concerns with respect to the Development Agreement and indicated it not be adopted at this time. Richard Luehrs, President, Newport Harbor Area Chamber of Commerce, spoke in support of the Circulation Improvement and Open Space Agreement as presented. The Chamber recognizes the many benefits this proposal will bring to the community. With the City under increasingly budget constraints, the proposed program provides an excellent opportunity to obtain substantial funds for improvements and create additional tax revenues. The project will also create much -needed jobs during construction and provide additional spending in the community. He alluded to the financial problems the State is now facing and its impact on the City, and indicated this situation was not going to get any better or go away. In concluding, he stated that not only will the City benefit by having funds available for circulation improvements called for in the City's traffic element, the City will be in a very competitive position for matching funds from outside sources. Therefore, the City cannot afford to pass up this proposal, not only because of the economic benefits it provides, but the open space as well. Len Koluvek, 610 Tustin Avenue, President, Friends of Newport Bay, stated he was appreciative of the efforts of The Irvine Company, the City and Newport Conservancy to form an assessment district to purchase the land surrounding Newport Bay. He discussed the importance of preserving wildlife in the Bay as well as the importance of not developing Newporter North site; he also discussed the benefit of the Coyote as opposed to the Red Fox in the Bay area; he also felt there should be a road alongside the bluffs, not just an public access trail. Royal S. Radtke, 330 Mayflower Drive, President of the Corona del Mar Chamber of Commerce, stated that their Board supports The Irvine Company's proposal. However, speaking as President of the DeAnza Bayside Village Homeowners Association, which consists of 266 mobile homes for senior citizens, he stated it is their recommendation that rather than place senior housing on Bayview Landing, that The Irvine Company consider selling the land that Bayside Village is presently on to the seniors for senior housing, therefore affording low-income housing for 266 units in the City. At the present time, DeAnza Bayside Village Homeowners Association does not fit into any of the City's categories as far as Volume 46 - Page 278 GPA 92-2(C) CITY OF NEWPORT BEACP %\114A\\* COUNCIL MEMBERS MINUTES A\ August 24, 1992 housing, other than alternate housing. GPA 92-2(C) He urged the Council to give some thought to the issue of affordable housing (which to most is not affordable in Newport Beach) and their recom- mendation to relocate to Bayview Landing. Taylor Grant, Vice Chairman of the Parks, Beaches & Recreation Commission, directed his comments to the Circulation Improvement and Open Space Agreement. The Commission's recommendation is to approve the open space element; they do not feel that any additional acreage is needed; the proposal for the Castaways site is a good compromise and overall plan; the Commission addressed the issues of economic balance, maintenance costs, improvement costs, etc., and in summary, the Commission is looking forward to either implementing the plan under consideration or working with the group who purchases the Newporter North and Castaways sites in hopes of meeting the recreational needs of the City. David Lamb, 1851 Port Stanhope, addressed the Council regarding the Freeway Reservation East parcel (proposed to be part of the Newport Hills Community Association). He discussed the impact development would have on the adjacent community, he stated the neighborhood ad hoc committee to study this issue, met with The Irvine Company several times and would like to see it remain as open space; however, if this does not occur, they feel the proposed plan is workable for their association. Robert R. Weber, 420 Heliotrope Avenue, stated he has been a resident of the City for 20 years; he is an affordable housing advocate for Orange County Homeless Issues Task Force, and commended the City on its General Plan, particularly the Housing Element and the work that went into preparing it. He stated he supports the proposal submitted by The Irvine Company which provides for 956 housing units and would urge its approval. Joanne Burns, 300 Cagney Lane, stated she was speaking as a member of the SPON steering committee, and as a concerned environmental resident. She commended all those involved in this issue who have given so much of their time. She spoke in support of saving the bluff face and wildlife; was in favor of moving the senior citizen site from Bayview Landing to the Castaways site; and felt that senior citizens and bicyclists do not make a good mix. Volume 46 - Page 279 * CITY OF NEWPORT BEACIO f 11" August 24, 1992 Bill Schonlau, representing Citizens for a Better Newport, stated they endorse the proposed Circulation Improvement and Open Space Agreement, and strongly encourage the City Council to approve the document as they believe it represents cooperative, rather than adversarial planning between the City and The Irvine Company. He added that the proposed open space is a tremendous benefit to the City and that this open space can be realized without being a burden on the taxpayers. In summary, he emphasized three points they feel are critical to the value of this proposal: 1) the Development Agreement provides for more open space than is called for in the General Plan; 2) the front-end funding for traffic improvements are also beyond the requirements of the General Plan; and 3) the Newport Conservancy, or other similar agencies, who wish to purchase any of these parcels does retain the right to do so up to the time of pulling permits. Ed Benson, 1028 Westwind Way, stated he has been a resident of the City for 21 years, and has admired many of The Irvine Company developments throughout the City as well in the City of Irvine. He stated he supports the Circulation Improvement and Open Space Agreement because he felt it contributes to the betterment of the City; the Agreement provides for additional revenue in terms of property taxes as well as sales tax from those new residents, which funds could be used to defray costs for children's parks/playgrounds, etc., and therefore, urged the Council to accept the proposal as submitted. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Plummer referenced the issue of access to public parks at the Castaways site, and suggested the following language be included within Ordinance No. 92-36: "The design of the subdivision and/or public parks by the City, approved through the tentative tract map and site plan review process, shall provide for vehicular public access and parking for the view park and bluff top open space from either 16th Street and/or the new intersection to be created at Cliff Drive. In making this requirement, if access is provided from 16th Street, the Planning Commission and/or City Council Volume 46 - Page 280 MINUTES GPA 92-2(G) 1 0 CITY OF NEWPORT HEAC10 CODICIL rE MM August 24, 1992 shall not stipulate that this access be provided directly through the residential area if the development includes private streets, is a gate guarded community, or would result in fragmentation of the residential area. The project proponent shall also consult with the adjacent Newport Harbor Lutheran Church in the final design of the project in regard to public access from 16th Street." Motion x Motion was made by Council Member Hart All Ayes to approve the foregoing. At this time, Council Member Hart complimented the City staff, the Council Ad Hoc Committee, and The Irvine Company on the proposed plan. She stated that Newport Beach is one of the slowest growing cities in the County, and by adding less than 2000 people in the next two years per the Agreement will actually work very well for the City; she felt that Bayview Landing was one of the most outstanding pieces of property around (upper section of Jamboree Road and PCH) looking up to the upper bay to the San Bernardino mountains, and she would hope there would never be anything on this site other than wildflowers and minor grading to improve the site; with regard to Newporter North, she suggested consideration be given to the suggestions referred to in Gordon Glass' letter regarding site plan variations; and pertaining to the Castaways site, she supports a modified plan to eliminate using the Lutheran Church parking lot for a public street. In response to the remarks made by Council Member Hart regarding the Lutheran Church parking lot, Ms. Temple advised that the conceptual site plan which Council Member Hart referred to is one of many concepts which have been developed and shown to various members of the community. The recommended actions to be taken in relationship to the Agreement do not include any site specific provisions, and it is her opinion, that the previous condition regarding vehicular and pedestrian access on 16th Street probably gives some latitude in the site plan review process to the extent that the overall functioning of the parking and the parks, the church and residential development is more easily addressed. In essence, there is really nothing to alter at this time. Motion x Motion was made by Council Member Hart All Ayes that the minimum setback on the coastal bluffs on the Castaways site shall be 40 feet. Motion x Motion was made by Council Member Hut to limit development to two -stories on the Castaways site. Volume 46 - Page 281 MINUTES CPA 92-2(C) • CITY OF NEWPORT BEACH* All Ayes Motion All Ayes August 24, 1992 Discussion ensued with regard to the above suggested action wherein the Planning Director reported that the definition of "stories" was eliminated some 20 years ago and substituted with the term "height limit." Following consideration of the above remark, it was suggested the height limit be set at 24/29 feet. Council Member Turner suggested the height limit be set at the time of site plan review to which the City Attorney indicated he had no objections. Mr. Redwitz addressed the Council at this time and stated it is their understanding from their legal counsel that development agreements do require that a maximum height is established. Mr. Watson stated that they have no objection to the average height limit of 24/29; however, if it is possible, there may be a structure they desire to be at the 32 foot height limit, subject to the Planning Commission and City Council review; the reason being that he does not want to see "everything at the same height." Mr. Redwitz suggested language that would require a 24 foot average height limit, going up to 29 foot maximum; however, upon review and approval of the Planning Commission, the height limit may go up to 32 feet. Ms. Temple re -worded the above language to read as follows: "All buildings shall comply with the height restrictions established by the City for this area. The maximum building height for all buildings shall be 24 feet. The Planning Commission, upon site plan review, may approve buildings up to a maximum height of 32 feet. All heights shall be measured in accordance with the Municipal Code and determined from the grade approved in the site plan review and subdivision approval." Council Member Hart, maker of the motion, accepted the foregoing and clarified that the provision applied to Castaways and Newporter North, and the motion was voted on and carried. Mayor Pro Tem Turner made a motion suggesting the following additional language regarding Bayview remediation - Exhibit "F": 0(5) Company shall complete, to the City's satisfaction, a remediation program for the removal of known petroleum products or hazardous wastes on the Bayview Landing parcel prior to dedication. Company shall diligently pursue the remediation program to completion so that timing of the dedication is not affected." Volume 46 - Page 282 MINUTES 92-2(C) 0 CITY OF NEWPORT BEACI* aft Motion Ayes Noes Motion All Ayes Motion All Ayes COI KIL MEMBM x x x x x x x x x F4 August 24, 1992 Council Member Turner made another motion suggesting an additional revision to Exhibit "F" regarding flexibility and changing the next to last sentence to read: " and that the City will not abandon the dedicated parcels or transfer all or a portion of a dedicated or conveyed parcel to a third party for other than open space for the uses specified in the P-C text, unless, 1) the proposed transfer is necessary to implement City acquisition of open space or other property owed by a third party, 2) the proposed development will not compete, conflict or interfere with development proposed or constructed by the company, and 3) the proposed development is consistent with the Land Use Element." Following discussionithe motion, as made by Council Member Turner was voted on and FAILED. Notion was made by Mayor Pro Ten Turner to approve the following language read into the record by the City Attorney regarding the Castaways site and access to Dover Drive: "To facilitate the widening of Dover Drive or access to the park or open space on Castaways, the City may convey to the Lutheran Church a portion of the dedicated parcel on the south side of the Church property. The amount of property conveyed to the Church in the event Dover Drive is widened shall, at minimum, provide replacement parking for spaces lost as a result of a widening. Any conveyance to the Church to provide replacement parking shall be conditioned on the Church's conveyance of Dover Drive frontage necessary to accommodate the widening to luster Plan standards." With regard to San Diego Creek North, notion was made by Council Member Turner to add the following language to the first sentence in Section 5.1 of the Development Agreement: "Company shall dedicate to City the area show as open space/public facilities on the Planned Community Development text for each parcel, with the exception of certain lands on the San Diego Creek North site that may be necessary for implementa- tion of the San Joaquin Hills Transportation Corridor which should be offered for dedication directly to the Transportation Corridor Agency." Volume 46 - Page 283 ['iiir-riiIP GPA 92-2(C) *CITY OF NEUORT BEACH* �'�l�COUNCIL MEMBERS MINUTES 40\01 A\ August 24, 1992 Gi7111 Motion Ayes Noes xlxlxlxlxlxlx Discussion ensued regarding senior citizen housing relocation between the Castaways site and Bayview Landing, and Mayor Sansone asked Ms. Temple how the logistics would be handled if the City Council were to move the senior citizen housing from Bayview Landing to the Castaways site. Ms. Temple responded that in order to implement a change of this nature, the action is rather complicated. Currently, there is a suggestion to adopt a resolution amending the Land Use Element of the General Plan regarding the Bayview Landing site and another resolution regarding the Local Coastal Program amendment for Bayview Landing site. Unfortunately, the Planning Commission did not address in any way, shape or form, the trade-off the Council is considering at this time, therefore, pursuant to City Council Policy Q-1, this matter must be referred back to the Planning Commission for public hearing. In response to question raised by Council member Watt, Ms. Temple stated that if the Council trades the active park proposed for the Castaways site for senior citizen housing at Bayview Landing, there will definitely be more building (mass and bulk) on the Castaways site; and the use of the senior citizen housing facility as provided currently in the Bayview Landing text requires that the entire development be subject to the review and approval of the use permit which allows the Planning Commission and City Council on an appeal or review to address the specifics of the project. Pertaining to the Bayview Landing/ Castaways trade-off, motion was made by Mayor Sansone to continue agenda action items f 6 g (amendments to the Land Use Element and Local Coastal Program Land Use Plan for Bayview Landing), and to direct the staff to advertise same for public hearing by the Planning Commission on September 10 and City Council on September 14, 1992. Prior to voting on the above motion, Ms. Temple pointed out that construction of senior citizen housing on the Bayview property involves the transfer of 30,000 sq. ft. of retail commercial to Fashion Island, and she just wanted the Council to be aware that the potential for creating an active park on Bayview Landing and the senior housing on the Castaways site also involves that 30,000 sq.ft. transfer. Council Member Plummer suggested the Council consider appointing an ad hoc committee to report back in six months on the formation of an assessment district for voter approval for one or more of The Irvine Company owned parcels, and to direct staff to come back at the next meeting with the appropriate resolution and guidelines. Volume 46 - Page 284 GPA 92-2(C) 10 CITY OF NEWPORT BEACO COUNCIL MEMBERS MINUTES August 24, 1992 ROLL L INDEX No formal action was taken on the GPA 92-2(C) foregoing at this time. In response to comments made by Council Member Plummer regarding the paving of Dover Drive, Ms. Temple stated that the Public Works Department has requested the grading out of the road bed and the dedication of the right-of-way for the ultimate width of Dover Drive, and currently the City 's traffic model shows that, with or without the development of Upper Castaways, that amount of road is required in that particular location. However, it is not required to date and it may not be required for many years into the future. The Public Works Director concurred in the above remarks, and also stated that the ultimate master plan need for widening of Dover Drive is not dependent explicitly on development of the Castaways site and traffic generation from that site. Council Member Watt referenced the letter from Gordon Glass regarding the view of Avalon from Jamboree Road, and indicated she would like to see this view preserved through the site plan review process. In reply to the above, Ms. Temple reported that the staff did a great deal of research in addressing Mr. Glass# comments regarding the EIR, the project and the response to comments, andthe staff believes that the development area defined does preserve the existing view toward the lower bay and of Catalina. Council Member Watt also commented that the reason the Newport Conservancy was not represented in the hearing tonight was because the group signed a memorandum of understanding with The Irvine Company this afternoon. She summarized parts of the agreement, noting it states that the Conservancy will not object to this development pplan and agreement; that by November 1, 1992, there will be a negotiated purchase price; by April 1993, the Conservancy would ascertain the interest of Newport Beach voters in supporting the funding; and by November 1993 an election would take place if determined necessary. She also referenced the letter from the Conservancy dated August 14, 1992, wherein it is requested that the City Attorney and City Manager work with the Conservancy and The Irvine Company to develop an initiative and/or ballot language that could be used by an assessment district. She stated that no action was required at this time, but she wanted the Council to be aware of the request. Motion x Hearing no other comments at this time, All Ayes aested ctionTemple ahand Mayor Pro TenTurner the following: Volume 46 - Page 285 *CITY OF NEWPORT BEACH* COUNCIL MEMBERS Lf1 August 24, 1992 (a) Adopt Resolution No. 92-88, accepting, approving and certifying Final Environmental Impact Report No. 148; (b) Make the (amended) Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; (c) Find that the facts set forth in the Statement of overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; (d) With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement o f O v e r r i d i n g Considerations are acceptable; (e) Adopt the Mitigation Monitoring program as amended; (f) Continue adoption of proposed Resolution amending the Land Use Element of the Newport Beach General Plan for the Bayview Landing site. Staff directed to schedule public hearing by the Planning Commission on September 10, and the City Council on September 14; (g) Continue adoption of proposed Resolution amending the Local Coastal Program, Land Use Plan for the Bayview Landing site. Staff directed to schedule public hearing by the Planning Commission on September 10, and the City Council on September 14; Volume 46 - Page 286 MINUTES GPA 92-2(C) • CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES Motion All Ayes x August 24, 1992 (h) Reintroduce proposed ORDINANCE 90. 92-35, (as ascended) and pass to second reading on September 14, 1992; (i) Sustain the action of the Planning Commission and approve Traffic Study No. 82 subject to the conditions imposed by the Commission; (j) Adopt Resolution No. 92-89, adopting an amendment to the Harbor View Hills Planned Community; (k) Reintroduce proposed ORDINANCE NO. 92-36, (as amended) and pass to second reading on September 14, 1992; (1) ORDINANCE Reintroduce proposed N0 92-37, (as amended) and pass to second reading on September 14, 1992; (a) Adopt Resolution No. 92-90, adopting an amendment to the North Ford Planned Community; (n) Reintroduce proposed ORDINANCE No. 92-38, (as amended); (o) Adopt pproposed ORDINANCE no. 92-39; (p) Adopt Resolution No. 92-91, adopting an amendment to Block 800 - Newport Center Planned Community; AND (q) Adopt pproposed ORDINANCE NO. 92-k0. Mayor Sansone opened the public hearing regarding proposed ORDINANCE NO. 92-43, being. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ING TITLE 20, CHAPTER 20.84 0 THE MUNICIPAL CODE PERTAINING TO PERMITTED HEIGHT, NUMBER AND ENCROACHMENTS OF ACCESSOUX BUILDINGS IN RESIDENTIAL DISTBI (PLANNING COMMISSION AMENDMENT Ift. 762). Report from the Plann`Spg Department. Hearing no one wishing tk address the Council, the public hearing as closed. Notion was made to adopt Ordinance No. 92-43. N;� Volume 46 - Page 287 GPA 92-2(C) Res 92-89 Res 92-90 Ord 92-39 Res 92-91 Ord 92-40 Ord 92-43 Zoning (94) PCA 762 0 0 Attachment No. 11. ORDINANCE NO. 92.37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMU- NITY DISTRICT REGULATIONS AND DEVELOPMENT PLANFORNEWPORTERNORTH/NEWPORTERKNOLL (ET„ ANNING COMMISSION AMENDMENT NO. 765) The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The subject property is the following real property in the City of Newport Beach, County of Orange, State of California: That portion of Block 55 of Irvine's Subdivision, as recorded in Book 1, Page 88 of Miscellaneous Maps of the County of Orange. as shown in the attached Exhibit "A" and hereinafter referred to as 'Property". SECTION 2. Development of the property, which is zoned P-C, shall be as specified in the Planned Community District Regulations and Development Plan which is approved and adopted pursuant to this Ordinance, and which specifies the permitted land uses, intensity and density limits and development standards and regulations for the property as set forth in the attached Exhibit 'B." SECTION 3. The Planning Director of the City of Newport Beach is hereby instructed and directed to apply all of the provisions of said Planned Community District Regulations and Development Plan to the Property as described herein; the same shall be in full force and effect and be a part of Title 20 of the Newport Beach Municipal Code. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City within fifteen (15) days of its adoption. The Ordinance shall be effective thirty days after the date of its adoption. 00417 0 0 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 27th day of 7ujy 1992, and was adopted on the _ day of . 1992, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK Attachments: Exhibits "A" & "B" PLT..\CC\DA\A'M.OBD 00418 o-4 RA;v NOTE. ASMORS KOOK : MR = WMBERS .. ...r .1 11.1 • . . _ . . . 131 jar t, sm v R A Y Q -.S .......•. , ASSESSOR-S MO BOOK440PAGE 13 k:= 0 EXHIBIT B NEIIPORTER NORTH PLANNED COMMUNITY DISTRICT REGULATIONS Prepared for: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Prepared by: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92658-8904 Adopted , 1992 004 2n Planned Community District Regulations for Newporter North ordinance No. adopted by the City of Newport Reach Citv Council on Introduction Section I Section II Section III Section IV Section V Section VI TABLE OF CONTENTS General Notes Definitions Residential Development Standards Permitted Uses Site Density Maximum Building Height Setbacks From Major Streets Setbacks Coastal Bluff Setbacks Streets Landscaping Parking Fences, Hedges and Walls Parks Signs Site Plan Review List of Fioures Figure I General Site Location Figure II Land Use Plan Figure III Statistical Analysis Figure IV Bluff Setback Exhibit 'l•FT-�+ 4 8 9 9 9 9 9 9 10 i0 it 11 12 10 17 2 3 7 14 12/31/91 004?: r L INTRODUCTION PURPOSE The Newporter North Planned Community (P-C) District Regulations have been developed in compliance with the City of Newport Beach General Plan. This P-C has also been developed pursuant to Chapter 20.51 of the Newport Beach Municipal Code. The purpose of these District Regulations is to provide for the development of the site as a coordinated, comprehensive project. This will take advantage of the superior environment which results from community planning. Whenever the regulations contained conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these District Regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and various mechanical codes City Standards and Policies related thereto. INTENT It is the intent of this P-C District to permit the development of the Newporter North site for residential dwellings and associated uses as well as parks and environmental open space. The units will be located in close proximity to Newport Center and will provide additional housing opportunities within the City. LOCATION Newporter North is bounded by San Joaquin Hills Road to the north, John Wayne Gulch to the southwest, Jamboree Road to the east, and the Upper Newport Bay to the northwest. 06/10/92 00423 C- �7 0 0 ?4 NEWPORTER NORTH PLANNED COMMUNITY DISTRICT WwMH• MeMwrIWIWYM i/9/Y M RESIDENTIAL m. r r PARK .'"fixv; OPEN SPACE/NATURAL AREAS m QQ. 00 � 004251 LAND USE PLAN NOT TOSCALE NEWPORTER NORTH ire PLANNED COMMUNITY DISTRICT ".. ,/9/92 i Owt� sBCTION I � 3:j ;i :�� � `� I.7:� ;i •by Park dedication requirements shall be in accordance with the adopted Circulation Improvement and Open Space Agreement. Water within the Planned Community dill be furnished by the City of Newport Beach. sewage disposal facilities within the Planned Community will be provided by the City of Newport Beach and Orange County Sanitation District No. 5. Prior to the issuance of any building permits, it shall be demonstrated to the satisfaction of the Public Works and Utilities Department that adequate sewer facilities will be available. Prior to the occupancy of any structure, it shall be further demonstrated that adequate sewer facilities exist. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading ordinance and shall be subject to permits issued by the Building and Planning Departments. Building pads adjacent to slope or bluff areas may be raised to an elevation not to exceed ten (10) feet above natural grade. This provision does not preclude raising pad elevations above 10 feet on interior portion of site. Manufactured slopes, if any, shall be stabilized as soon as possible to reduce erosion. If mechanical appurtenances are to be built on building rooftops, they shall be screened from street level view in a manner compatible with the building materials. 4 06/10/92 00426 6. 7. S. 9. Prior to the issuance of grading permits, the sites shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. A qualified archaeologist shall be present during pregrade meetings to inform the developer and grading contractors of the results of the study. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of the subject property until an appropriate data recovery program can be developed and implemented. The cost of such a recovery program shall be the responsibility of the landowner and/or developer. A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. BICYCLE AND PEDESTRIAN CIRCULATION The final design of public on -site pedestrian and bicycle circulation serving viewpark and coastal bluffs shall be reviewed and approved by the Public Works Department; Planning Department; and Parks, Beaches and Recreation. AFFORDABLE HOUSING Affordable housing provisions shall be consistent with City standards. Affordable housing requirements may be satisfied off -site. NOISE Detailed noise studies shall be conducted for the residential development for on -site impacts. Residential development shall comply with the standard of 45 dBA CNEL for interior noise levels and 65 dBA CNEL for outdoor living areas. Noise mitigation programs shall be based upon the recommendations of a licensed engineer practicing in acoustics and be approved by the Planning Department. 5 12/31/91 C-)l 00427 C1 0 streets within the development may be either public or private. Public or private streets shall meet City standards. The Newporter North development may be a private (gate guarded) community with secured access surrounding the development. a. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property from street level views. Said screening shall form a complete opaque screen and shall not interfere with site distance from streets unless otherwise approved by the City Traffic Engineer. b. Curb -side collection of refuse shall be subject to City of Newport Beach approval. •,•30niq VO MI at-) 4i4y W1 All 'on -site" gas lines, electrical lines, and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties from street level views. 13. LIGHTING Lighting systems shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the Engineer stating that, in his opinion, this requirement has been met. Lighting systems for any publicly maintained areas shall use city standard fixtures approved by the utilities Department. 14. FIRE ACCESS Fire equipment access shall be approved by the Fire Department. 6 06/10/92 00428 C,-lz 0 • ' FIGURE III Newporter North Type Residential View Park Open Space, Natural Areas and Future Roadway Right -of -Way Total Acreage Area (Net) Du/Ac Du 1 30.0 7.1 212 2 4.0 0 3 55.2 0 - 0 89.2 212 7 12/31/91 00429 C-13 0 0 8ECTION II 1,Streets - Reference to streets within the Newporter North development shall mean either public or private streets. Design of streets shall meet City of Newport Beach standards or as specified herein. 2. Bluff - As used in this document, "bluff" is any natural landform having an average slope of 26.6 degrees (50%) or greater, with a vertical rise of twenty-five (25) feet or greater. 3. Viewoark - For purposes herein, a viewpark represents an area of natural character with provision of a pedestrian/bicycle pathway and passive viewing areas. �3 12/31/91 00430 • SECTION III 1. 2. 3. 4. 5. RESIDENTIAL DEVELOPMENT STANDARDS a. Townhouses b. Condominiums C. Apartments d. Single-family detached units. e. Model homes and sales offices f. Recreational uses ancillary to residential uses. SITE DENSITY Residential development area shall not exceed thirty (30) acres with allowance for 212 dwelling units. g:. allyWCALt '0 The maximum height of all buildings shall be thirty-two (32) feet measured in accordance with the City of Newport Beach Municipal Code and determined from the finished grade approved in the site plan review and subdivision approval. SETBACKS FROM MAJOR STREETS Street Jamboree Road San Joaauin Hills Road SETBACKS a. 32nt yard Setback from Ultimate Right-of-Wav Line Minimum 35 feet to property line. Minimum 35 feet to property line. From any public or private street the minimum building setback shall be ten (10) feet from right-of-way or curb, whichever is greater. Garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted with roll -up or other type garage,doors approved by the City Traffic Engineer. If five (5) foot setbacks are proposed at corner units or lots on curves, adequate sight distance shall be provided unless otherwise approved by the City Traffic Engineer. 9 06/10/92 00431 C,' 16 b. Side Yard Where property lines are created a minimum five (5) foot side yard setback shall be required. Architectural projections may be permitted subject to the Newport Beach Municipal code. Zero (0) foot setback will be permitted where a minimum ten (10) feet building to building setback is provided. At side yards adjacent to streets a minimum five (5) foot setback shall be maintained. C. Rear yard where property lines are created a minimum of ten (10) feet rear yard setback shall be required. Structures, other than walls and fences, along the public bluff top area shall be setback a minimum distance of twenty (20) feet from property line. Architectural projections may be permitted subject to the Newport Beach Municipal code. Decks and balconies greater than 18" above grade may extend into the rear yard setback up to 3 feet. The property line setback from the edge of a bluff shall be located no closer to the edge of the bluff than the point at which the top of the bluff is intersected by a line drawn from the solid toe of the bluff at an angle of 26.6 degrees to the horizontal. Tn no case shall a property line be located closer than forty (40) feet from the edge of a bluff or any eroded area of the bluff unless the area is restored. FRININFUNUVOIRT040I;J Private streets within residential development shall be a minimum of thirty-two (32) feet in width with parking allowed on one aside. Through the site Man Review process, the following modifications to this standard may be approved: a. The minimum width may be reduced to 26 feet for access drives serving no more than 16 dwelling units. b. The minimum width may be reduced to 20 feet for access drives serving no more than 4 dwelling units. C. The minimum width may be reduced to 16 feet for access drives serving a single dwelling unit. 06/10/92 00432 G' 16 a 0 S. a d. Drives of 20 or 16 feet as provided for the above shall be increased to a minimum width of 26 feet if serving a common parking area. e. Unless otherwise defined in this text, private streets shall be designed in compliance with the private street standards of the City of Newport Beach. PUBLIC STREETS Public streets within the Planned Community District shall conform to the current criteria as specified by the City of Newport Beach "Design Criteria for Public works Construction". Residential development shall be designed to provide adequate sight distance (25 MPH), at the intersection of all private streets and drives, and along curves unless otherwise approved by the City Traffic Engineer. 10. LANDSCAPING Project landscape concepts are intended to allow for maximization of views from residential areas. Interior greenbelt concepts are shall be submitted as a subdivision approval. FFV§EF9;T,TWPdL� encouraged. A landscape concept part of site plan review and Standards shall provide for: a. Condominiums and Townhomes plan Dwelling units less than or equal to 1500 square feet shall provide a minimum of 2 parking spaces per unit, including one covered space. In addition, guest parking shall be provided at a minimum rate of 0.5 space per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20 feet in depth or 18 feet where roll up garage doors are provided), in a manner acceptable to the City Traffic Engineer. 50% of the guest spaces may be provided on driveways. 00433 11 06/10/92 G" u 0 Dwelling units greater than 1500 square feet shall provide a minimum of 2 covered spaces per unit. In addition] guest parking shall be provided at a minimum rate of one (1) space per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20 feet in depth or 18 feet where roll up garage doors are provided), in a manner acceptable to the city Traffic Engineer. Fifty percent (50%) of the guest spaces may be provided on driveways. rVINERWA ,• -7-7-771 size of open and enclosed parking spaces and areas shall be as specified by the residential parking standards contained in the Newport Beach Municipal Code,with the exception that common parking areas which are not curbside shall meet the universal parking stall size of 8 1/2 feet in width by 17 feet in depth. A minimum of two (2) garage parking spaces shall be provided per unit. In addition, guest parking shall be provided within the development at a minimum rate of two (2) spaces per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20 feet in depth), in a manner acceptable to the city Traffic Engineer. one of the guest spaces may be provided on the driveway. The project shall be designed so as to provide for adequate non -vehicular circulation from residential units to common recreation and amenity areas as well as from residential units to external parrs and roadways. This circulation can be provided via sidewalks adjacent to streets in combination with walkways provided through greenbelt and common areas. Main circulation drives shall have a sidewalk on at least one side. sidewalks adjacent to curbs shall be a minimum of five (5) feet in width. Sidewalks adjacent to a 3 to 4 foot wide parkway shall be a minimum of four (4) feet in width. 004?4 12 06/10/92 � G 19 13. FENCES HEDGES AND WALLS Fences shall be limited to a maximum height of eight (8) feet, measured from finished grade. Where the fence is required to protect a swimming pool, the fence shall be constructed so as to meet the requirements of the Uniform Building Code for pool safety. Wing walls, where.an extension of a residential or accessory structure, may be six (6) feet in height. At street intersections (to include driveway intersections with streets), no such appurtenance shall exceed thirty (30) inches in height above street pavement grade within the triangle bounded by the right-of- way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right-of-way lines prolonged. Landscape plans shall be designed to provide adequate sight distance (25 MPH) unless otherwise approved by the -City Traffic Engineer. 13 06/10/92 00435 G-19 1661 YZAHVl1WW NV7d 7VLSRW 11OV38JWdAVW d0 Al/O il3d b9t13-LIHO 3/OWUHS zf-4/779 NOV8135 31A7 JN amo mW ,or L oca•la4ld • 09196n 11WJM+wo]ll 'JNI SH33NIDN3 lIA13 anau15 • SWVt7v / �179 �O 3Ol -I-Vt78-40 d01 NOVWJS 3N/7 AlY3dOHd WN NOVHL39 3N17 Ald3dOlfd 71dW A7ddV 77M S3SVO OMl d0 30NVIS/O 6mv3do 0 SECTION IV The Newport North view park is intended to be passive in nature, characterized by low intensity usage such as hiking, bicycling and informal recreation. Minimal grading for trail connections to San Joaquin Hills Drive and Back Bay Road will be allowed. It is intended that the physical nature of the view park be a Snatualomerlowslevelettinglighting may bewith vallowed, pursuant e additions and ltomcity al ireview, for security purposes. 15 06/10/92 00437 G' At 0 9 SZCTIox v A sign program for Newporter North, approved by the Irvine Company shall be submitted for review and approval by the Planning commission, 16 06/10/92 00438 G.' 2y SECTION VI- A. Purpose SITE PLAN REVIEW The effect of this section is to establish a Site Plan Review procedure for Newporter North to insure that the project conforms to the objectives of the General Plan. The Site Plan Review procedures contained in this section promote the health, safety and general welfare of the community by ensuring that: (1) Development of Newporter North will not preclude implementation of specific General Plan objectives and policies. (2) The value of property is protected'by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features. C. Application Site Plan Review approval shall be obtained prior to the issuance of a Grading Permit or a Building Permit for any new structure, including fences, and the establishment of grade by the Planning commission or the City Council in accordance with Section 20.02.026. D. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: (1) A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking, landscaped areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off-street parking areas, the location of each parking space; and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. (2) A landscape'plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. 17 06/10/92 00439 C'.,1.3 (3) Grading plans to ensure development properly related to the site and to surrounding properties and structures. (4) scale drawings of exterior lighting showing site, location, materials, intensity and relationship to adjacent streets and properties. (5) Architectural drawings, renderings or sketches, drawn to scale, showing All elevations of the proposed buildings and structures as they will appear upon completion. (6) Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. ERA The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under Chapter 20.01.070. (Ord. 1686, 9 1, 1976) F. Standards The Site Plan Review procedures established for Newporter North shall be applied according to and in compliance with the following standards: (1) Sites subject to Site Plan Review under the provisions of this section shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, Upper Newport Hay, and landscape, giving special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed; (2) No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council, on review or appeal, finds that the benefits outweigh the adverse impacts; (3) Residential development shall be permitted in areas subject to noise levels greater than 65 CNEL only where specific mitigation measures will reduce noise levels in exterior areas to less than 65 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less; 18 06/10/92 00440 G' ;,q G. (4) site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development; (5) Development shall be consistent with specific General Plan policies and objectives, the adopted Circulation Improvement and Open Space Agreement, and shall not preclude the implementation of those policies and objectives; (6) Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, and sensitive resources; (7) Archaeological and historical resources shall be protected to the extent feasible or appropriate mitigation measures shall be implemented. Procedures regarding Public Hearing notification and Planning Commission and City Council actions shall be pursuant to Chapter 20.01.070. 19 06/10/92 00441 C- a6 RESOLUTION NO. 1302 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL ADOPTION OF PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE NEWPORTER NORTH/NEWPORTER KNOLLPLANNED COMMUNITY (PLANNING COMMISSION AMENDMENT NO.765) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, implementation of the project will preserve and increase public open space; and WHEREAS, the proposed Planned Community District Regulations are consistent with the Newport Beach General Plan; and WHEREAS, the proposed project meets the criteria of the Traffic Phasing Ordinance; and WHEREAS, an Environmental Impact Report has been prepared for the project consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, and the information contained therein has been considered by the Planning Commission in maldng its recommendation to the City Council. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend to the City Council adoption of the Newporter North/Newporter Knoll Planned Community District Regulations and Develop- ment Plan as attached hereon as Exhibit 1. ADOPTED this - 18th day of June . 1992, by the following vote, to wit: 1 AYES Debay, Di Sano, Edwards, Glover, Gross, Merrill, Pomeroy NOES ABSENT BY Gary J. Dii Sano, CHAIRMAN BY�- Norma Glover, SECRETARY Attachment: Exhibit 1 PL11:..PC\AMD\A765.RS1 2 COMMISSIONERS VOMMK\\ • . • June 18, 1992 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL LOCATION: Property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort. ZONE: P-C AND F. Amendment No 766 (,Continued Public Hearing) amend. No. 766 Request to amend the North Ford Planned Community District Regulations and Development Plan so as to allow for the (Res. No. 1303) construction of 300 additional dwelling units. LOCATION: Property located at 3200 University Drive, on the northeasterly corner of Jamboree Road and University Drive South, 'in the North Ford Planned Community. ZONE: P-C AND G. Amendment No 767 (Continued Public Hearing) amend. No. 767 Request to amend a portion of Districting Map No. 37 so as to (Res. reclassify property from the U (Unclassified)' District to We P-C No. 1304) District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. restaurant or a 40,000 sq.ft. athletic club. LOCATION: Property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. ZONE: Unclassified AND -12- 00014 COMMISSIONER$ I � k\NN\ 0 June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX sites addressed in the Circulation Improvement and Open Space Agreement. AND C. Amendment No. 763 (Continued Public Hearw Amend. No. 763 Request to amend the Harbor View Hills Planned Community District Regulations and Development Plan so as to allow for the (Res. constructionof 48 additional dwelling units. 1300) LOCATION: Property located at 1501 Ford Road, adjacent to the easterly side MacArthur Boulevard, between Ford Road and San Joaquin Hills Road, in the Harbor View Hills Planned Community. ZONE: P-C AND D. Amendment No. 764 (Continued Public Hearin¢) Amend. No. 764 Request to adopt Planned Community District Regulations and (Res. Development Plan for Upper Castaways. This request would 1301) provide for the construction of 151 dwelling units. LOCATION: Property located at 900 Dover Drive, on the southeasterly side of Dover Drive between the Westcliff Drive and West Coast Highway. ZONE: P-C AND E. No. 765 Public Hearii;I4 Amend. Amendment (Continued No. 765 Request to adopt Planned Community District Regulations and (Res. Development Plan for Newporter North/Newporter Knoll. 'Phis 1302) request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll. -11- 00013 dOMMISSIONERS • ATTACHMENT la 0 June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL I INDEX 15. That the applicant shall agree that 'the proposed development will not increase the need for on -street parking ng Newport Boulevard and that the applicant agrees not to ntest the removal, of parking for the restriping of Newp Boulevard on the grounds of loss of on -street parking. 16. That Coastal mmission approval shall be obtained prior to the issuance o uilding permits or occupancy of the take- out restaurantfaci 17. That the Planning Co fission may add to or modify ' conditions of approval to t use permit, or recommend to the City Council the revocatt of this use permit upon a determination that the operatio hich is the subject of this amendment causes injury, or is de imental to the health, safety, peace, morals, comfort, or g eral welfare of the community. 18. That this use permit shall expire unless exer ' ed within 24 months from the date of approval as specifie 'n Section 20.80.090 A of the Newport Beach Municipal Co 19. That the proposed floor plan shall be redesigned so tha e customer waiting area shall not exceed approximately 3 s:. A Development Agreement No 6 (Continued Public Hearing) Item No.3 Request to adopt a Development Agreement for the Circulation Develop. Improvement and Open Space Agreement for eleven sites in the Agree. City of Newport Beach. The proposal also includes the acceptance No. 6 of an environmental document. AND B. Traffic Study No 8 (Continued Public Hearine) TS No. 82 Request to approve a traffic study consistent with the provisions of Chapter 15.40 of the Newport Beach Municipal Code for eleven -10- z 000 42 COMMISSIONERS 160110&4 0 ! June 18, 1992 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL i time for the purpose. The allowance of time for acquisition is an agreement between The Irvine Company and the Newport Conservancy. The AdHoc Committee removed the time allocation from the Agreement. The City's interest in keeping the issue removed from the Development Agreement is supported by the fact that the dedication of Newport Village is specifically tied to the issuance of Building Permits on either the Upper Castaways or Newporter North, and the City would not want to delay the dedication inordinately. Ms. Temple addressed concerns expressed regarding the widening of Dover Drive to the Master Plan configuration of six lanes. The project includes the grading out of the roadway; however, construction is not currently proposed. The arterial designation is part of the Master Plan of Streets and Highways and also the County Master Plan of Arterial Highways. Inasmuch as the designation has been on the plans, staff considers the widening as a fronting improvement. The need for the road is not directly related to development above the Castaways; however, it is necessary to assist and accommodate proposed development in the West Newport area and Eastside Costa Mesa. As part of the Traffic Study, the long term need for the improvement was again validated. The arterial designation is necessary to maintain the correlation of the City's Land Use and Circulation Elements of the General Plan that was approved in October, 1988. In addition to the approval of the Circulation Improvement and Open Space Agreement, the development proposed would be vested pursuant to the provisions of the Traffic Phasing Ordinance. The approval will be under the long term comprehensive provisions which allow for the use of the concept of net benefit. The balance of the approvals are the adoption or amendment of eight Planned Community texts which set forth development standards for each site. The standards include height limits, setbacks, parking requirements, landscaping requirements and other typical zoning requirements. The Upper Castaways, Newporter North, Block 800, and San Diego Creek South will be subject to further discretionary action through the review of the Site Plan Review in addition to Tract Maps if they are proposed. Certain types of development on Block 800, the development on Newporter Resort, and Bayview Landing will require Use Permits. The development on the Freeway Reservation will be subject to Tract Map approval and 45. 00017 CJ COMMISSIONERS 1\0M\N o0 4 June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX only Corporate Plaza West would .require no additional discretionary action. In reference to page 12 of the staff report, Ms. Temple stated that the local street setback on the Freeway Reservation site should be corrected to 5 feet instead of 10 feet. In reference to page 13 of the staff report, Bluff top setbacks, Ms. Temple indicated that staff is opposed to the concept of allowing a manufactured slope in the 40 foot property line setback area. If it would be allowed, The Irvine Company would essentially be using 20 feet of the 40 feet publicly owned bluff top area to build up the development area. Staff supports the concept of a grade separation between the park and the development area; however, it should occur on private property. The 4:1 slope option was offered for the Commission to consider if the encroachment is deemed appropriate. Page 17, Suggested Action, Item 5(b) Bayview Landing, Senior Citizen housing with transfer of retail to Fashion Island, Ms. Temple advised that if the action is taken it would include a recommendation to the City Council to initiate a General Plan Amendment. Page 24, Exhibit 'W , Mitigation Measure No. 18, Ms. Temple indicated that for Upper Castaways and Newporter North, No grading, stockpile of soils or operation of equipment shall take place within the 40 foot property line setback area established by the Bluff top Setback Ordinance except that necessary for trail establishment and improvements, erosion control, bluff stabilization, or preparation of the development area The Newporter North contour reference should be revised to refer to the lessor of 60 feet or a line 100 feet from a formally delineated wetland in John Wayne Gulch. The Mitigation Measure currently refers to a 60 foot contour. In reference to the Planning Community Texts, Ms. Temple stated that where sight distance requirements is referred to, staff is requesting to add the phrase unless otherwise approved by the City Traffic Engineer. Staff has requested that driveway lengths for attached residential units be corrected from 20 feet to 18 feet if a roll -up door is installed subject to approval of the City Traffic -16- 00018 June 18, 1992 COMMISSIONERS V00*X11Q&t ' MINUTES w CITY OF NEWPORT BEACH ROLL CALL INDEX Engineer. The references to parkstrip should be corrected to parkway. In reference to the Bayview Landing PC, add to the condition regarding the screening of mechanical equipment screening for the view park area in addition to residential areas and roadways. In the San Diego Creek South PC, alter the exhibit so that the full width of the San Joaquin Hills Transportation Corridor is clearly delineated on the Land Use exhibit. Robin Flory, Assistant City Attorney, referred to Ms. Temple's foregoing comments regarding the bluff top setbacks wherein she indicated that there are concerns regarding the slope's stability and the affect of the additional buildup of the pad that may cause instability to the slope. There is potential liability to the City with respect to slope failure and the area of the slope that is instable would probably be public property. Commissioner Edwards addressed the Development Agreement whereby he determined that The Irvine Company could not increase development at any time after the adoption of the Agreement. Ms. Flory concurred with the foregoing statement. Commissioner Edwards asked if the Newport Conservancy or another interested party would acquire the property, would The Irvine Company be able to come back to the City for increased expansion of the remaining parcels? Ms. Flory explained that the Development Agreement handles the sale of any parcels of the property and makes subsequent purchasers of the property subject to the terms of the Agreement. The Irvine Company would be bound by whatever parcels they maintain without increased expansion. In response for clarification of the 4:1 slope, Ms. Temple concurred with Commissioner Edwards that if the 40 foot setback is maintained, then the 4:1 slope would not be necessary. In response to a question posed by Commissioner Edwards, Ms. Temple referred to Bayview Landing Planned Community text, Page 4, Item No. 3, Screening, whereby she explained that the item has been modified to read all mechanical appurtenances on building rooftops and utility vaults shall be screened from street level view, pedestrian area views at the proposed view park, and from nearby residential uses in a manner compatible with the building materials. -17- 0001 COMMISSIONERS June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a question posed by Commissioner Gross, Ms. Temple explained the Bluff top Ordinance. The bluff top setback provisions in the Planned Community District of the Zoning Ordinance require setbacks from bluffs. The minimum setback is determined to be the most conservative of one of two cases: 40 feet from top of slope or a projection of a line at 2:1 slope from the existing toe of slope, whichever one is the greatest distance. Commissioner Glover requested a clarification of the changes to Mitigation Measure No. 18 as previously stated by Ms. Temple. Ms. Temple explained that the existing condition would not allow The Irvine Company to put any object in the 40 foot setback area during development. The intent of the condition when it was written was to preclude anyone from stockpiling soil in such a manner that it would erode down the bluff face. The suggested change would allow the developer to utilize the setback area for equipment and/or grading within the bluff top area within the 40 foot setback during construction. The commonly accepted buffer area from wetlands is normally 100 feet; however, the biologist selected a 60 foot contour because it would be readily definable. There is not a wetlands delineation study completed for the site. The modified condition would require the 60 foot contour unless The Irvine Company provides the City with a formal delineation in which case The Irvine Company could use the 100 foot setback or 60 foot contour, whichever is less. Commissioner Glover addressed the Circulation Improvement and Open Space Agreement,. page 9 (c), regarding an amendment to the Fair Share Ordinance, and the affect that the amendment would, have on the small developer. Don Webb, City Engineer, explained that the City was going to keep the Fair Share Ordinance essentially the way it is written. The City would review the projects at the end of the pipeline to determine if there would be sufficient funds within the program to complete the system. There may be situations where the fees would need to be adjusted. It would not be a disadvantage to any particular property owner. Commissioner Glover requested a clarification of Ms. Flory's foregoing comments regarding the City's liability concerning the manufactured slopes. Ms. Flory explained that the City has a liability under the condition of public property. If The Irvine Company increased the slope over the portion of property -18- 0000 COMMISSIONERS 0 1105M \'4 1 0 . ! June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX considered public property, in the event of slope failure or any problems that result because of the excess weight over the unstable section, then if there would be any injuries or resulting damage there would be a potential for the City to be liable because it would be public property. The private property vs. the public property are inter -connected. Discussion ensued between Commissioner Glover and Ms. Flory with respect to the affect the 20 foot setback would have 'on the slope. Don Webb, City -Engineer, stated that when the City adopted the Bluff top Ordinance it was determined that since the Grading Ordinance established 2:1 slope as the maximum slope that would be allowed in grading of fills and materials, that it would be an appropriate slope for the coastal bluffs that are adjacent to the area, and the City did not want any houses or construction closer to the top of slope than the 2:1 slope, starting at the bottom going to the top. In situations where there is a coastal bluff, the City determined that if the slope is closer to 2:1 that the City did not want anything closer than 40 feet to the top of slope. The Irvine Company has requested to go into the 40 foot setback area by at least 20 feet, and the City believes that it is closer to the top of slope that is potentially going to erode in the future. The development may inadvertently cause problems due to the increased moisture because of landscaping in the area and may affect the existing slopes that have been dry for many years. The City is concerned that the 40 feet be maintained free of any surcharge, and it allows the City more room to permit public uses. If there would be an additional slope in the 40 foot area, then there would be drainage that would be concentratedat the toe of slope which is closer to the edge than the City would desire. Discussion ensued between the Planning Commission and staff regarding the public and private slope area. Mr. Webb stated that a concern would' be if the trail system is installed in the 20 foot area inasmuch as the system would have to be at least 12 feet wide. The trail would have to be paved and it would have to be able to support police vehicles, a fire engine, the street sweeper, and landscape maintenance vehicles. It is feasible that the vehicles would be within 4 feet of the top of slope, not leaving enough room for what the City -would consider a safe area; therefore, 40 feet is needed to provide for the foregoing needs. Mr. Webb further explained that a 4:1 slope would mean that the trail system would have to be constructed in the 4:1 area to make it feasible, and that -19- 0001 COMMISSIONERS ��^ k\NN\ June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL_ CALL INDEX would eliminate a portion of the vertical separation The Irvine Company is attempting to establish. Problems would be created in trying to fit the public use in an area that is dedicated for public use. If the trail would be developed in the 4.1 area it may be necessary to construct a retaining wall at the end of the trail. In response to a question posed by Commissioner Edwards, Mr. Webb explained that the Master Plan of Bikeways indicates a bike trail in addition to pedestrian uses, and the bike trail needs to be paved inasmuch as there is a need for a combination maintenance access road and bike trail. In response to a comment posed by Commissioner Edwards with respect to maintaining the dedicated area as open space, Mr. Webb explained that it has always been anticipated that the area would be a corridor that would be used for public access, and a trail system is a permitted use as open space. The public hearing was opened in connection with this item. Mr. Raymond Watson, 2501 Alta Vista Drive, Vice -Chairman of The Irvine Company, appeared before the Planning Commission. In response to a question posed by Chairman Di Sano, Mr. Watson replied that he had no objections to the findings and conditions for approval in Exhibit "A". Mr. Watson addressed the foregoing concerns regarding the bluff top. He stated that the idea is to dedicate the bluff top so that it is usable by the public, and The Irvine Company does not want to do anything that would interfere with that purpose. Mr. Watson reviewed his experiences with The Irvine Company over the past 30 years. He indicated that he had suggested that The Irvine Company group the Company's remaining undeveloped properties and submit the project to the City for action for the purpose of future planning for the two institutions. He stated that the advantage to the City is to review the project in a comprehensive fashion, and the advantage to The Irvine Company is to be able to plan for the future. As an incentive to reach a contract, The Irvine Company has offered funds over and above what is required by the developments and the funds would be used at the discretion of the City for whatever traffic improvements the City needs. The alternative would be to continue with the same program that The Irvine Company previously has done which Is to -20- 000^2 COMMISSIONERS 0 I �Q ��,� June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL 'INDEX take one project at a time, and to come to the City without a Development Agreement. The Irvine Company would submit the piecemeal or collective projects in accordance with the General Plan. If the City does not approve the subject application, The Irvine Company would not have an incentive to provide additional funds and would provide only the required funds. Mr. Watson concluded that The Irvine Company met with a wide variety of groups over the past two years. He stated that plans were adjusted throughout the two years to accommodate the views of the public, and at the same time the Company tried to preserve a developable piece of property. He stated that after the public hearings and public comments that both parties will decide whether or not to proceed. Some members of the community would like to acquire some of the properties for open space wherein he stated that The Irvine Company has no objection to the request; however, the Company is,asking for some certainty of time for the benefit of all of the parties. In response to a question posed by Commissioner Edwards, Mr. Watson confirmed that the package that is being presented provides for less development than otherwise would be allowable under the present General Plan. Mr. Tom Redwitz, Vice President of Land Development, Irvine Pacific, appeared before the Planning Commission. Mr. Redwitz distributed booklets that gave an overview of the slide presentation regarding the proposed Circulation Improvement and Open Space Agreement. Mr. Redwitz stated that subsequent to the adoption of the General Plan in 1988, a City Council Adhoc Committee was formed to discuss a comprehensive planning program with The Irvine Company. He stated that in addition to the discussion with the City, The Irvine Company had many discussions with community groups to build a consensus on their plans. The following presentation is a reflection of the plans and compromises over the past 2-1/2 years, including presentations to over 35 community groups. The primary goals of the Agreement under the City's goals were to implement the objectives of the General Plan for circulation system improvements and open space dedications, and to provide community benefits earlier and to a greater extent than with -21- 000.. i it COMMISSIONERS A June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX "piecemeal" planning. The Irvine Company goals were to define their conceptual plans for the undeveloped sites and to establish financial and open space commitments. Mr. Redwitz indicated that The Irvine Company represents about 23 percent of the future residential growth, and about 8 percent of the future commercial growth allowed under the General Plan. In comparison, on a traffic basis with other projects that are allowed under the General Plan and other outside sources, The Irvine Company represents 7 percent. The key elements of the proposed Agreement are a $21.1 million financial commitment for circulation improvements; 140 acres of open space dedicated to the City; and less development is being proposed than the General Plan allows. If the proposal is adopted, The Irvine Company is committing to pre -pay the Fair Share Fees. The Fair Share Ordinance requires developers to pay road improvement fees at the time of the Building permit. The Company will commit to the frontage improvements. In addition, the Irvine Company is proposing to make available to the City an interest free loan, and to make improvements to widen MacArthur Boulevard north of Ford Road to three lanes. The terms• of the loan is that it is interest free and the City is to determine how the funds are going to be spent on the circulation system improvements. The repayment would be from 50 percent of future non -Irvine Company standard Fair Share Fees. If after 20 years the loan is not paid back, it would be forgiven. The General Plan requires approximately 71 acres of open space or 29 percent of the total development open area, and The Irvine Company is proposing approximately 140 acres of open space or 57 percent of the total development open area. 162,000 square feet of office space and 28 units from the Freeway Reservation site would be eliminated from the General plan. Mr. Redwitz addressed the projects as follows: CastawaysUpper The General Plan allows for 151 residential units on 35 acres. The Irvine Company would develop 151 residential units on 26 acres with a density of approximately 5-1/2 units per acre. The balance would be dedicated to the City as open space areas along the bluff top. The development concept would -22- 000214 41 . 0 COMMISSIONERS I ,p��o �� June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX be similar to the Bluffs project on the east side of the bay and would utilize an internal greenbelt. Nna2orter North The General Plan allows for 212 residential units on 45 acres. The Irvine Company would develop 212 residential units on 30 acres. The balance would be dedicated to the City as open space, and The Irvine Company has agreed to minimize impacts to the wetland area as well as propose land for a bluff top view park along the bluff edge. N&wporter Knoll The General Plan designates the site for open space and The Irvine Company would dedicate the 12 acres as open space. Newoorter Resort The General Plan allows for an additional 68 hotel rooms. There is no plan to construct the additional rooms; however, The Irvine Company would secure entitlement to build the additional rooms. Jamboree Road/MacArthur Boulevard The General Plan allows for 50,000 square feet of office space. The Irvine Company would relinquish the 50,000 square feet and dedicate -the site to the City for open space. an Di eo Creek North The General Plan allows for 112,000 square feet of office space. The Irvine Company proposes to dedicate the area for open space and public facilities. The General Plan designates the area for a fire station, and a park and ride lot has been considered because of the proximity to the proposed San Joaquin Hills Transportation Corridor. San Diego Creek South The General Plan allows for 300 residential units. The Irvine Company proposes to construct 300 residential units. Open space areas dedicated to the City would be along the San Diego Creek area and Bonita Creek area. Freeway Reservation The General Plan allows for 76 residential units. The Irvine Company proposes to develop a maximum of 48 residential units on two sites. The lower site would consist of 12 single family detached units off of three cul-de-sacs, and a 30 foot setback is proposed off of Newport Hills Drive to the development area. The northern area would consist of a maximum of 36 single -23- 000zA ` COMMISSIONERS i \k\N June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX family detached units, and an open space area would be dedicated to the City, Co=rate Plaza West The General Plan allpws for 94,000 square feet of office space. The Irvine Company proposes to develop the property consistent with the General Plan. The buildings would be compatible with height and scale of other buildings in the lower Newport Center area, or approximately 32 feet in height. Block $QQ The General Plan allows for 245 residential units. The Irvine Company is considering a senior life care facility for the site. Bavview Landing The General Plan addresses two sites: the lower pad area allows for 10,000 square feet of restaurant or 40,000 square feet of health club. The Irvine Company proposes to build consistent with the General Plan. The alternative in the Environmental Impact Report addresses a low income senior housing project that The Irvine Company would support. The upper site consists of 11.1 acres and the General Plan considers the area as open space and The Irvine Company would dedicate the area to the City. Neyport Village The General Plan addresses a 10 acre museum site and a Central Library is currently under construction on the site. The balance of the parcel is designated as Administrative, Professional and Financial with zero entitlement because the site was a part of the Library Exchange Agreement which transferred office entitlement to Civic Plaza. The Irvine Company proposes to dedicate 12.8 acres to the City for open space use. The benefits to the development would be road improvement funding and more open space. The road improvement funding would consist of pre paying Fair Share Fees and, in combination with other funding, provides a significant source for circulation improvements. It would place the City in a favorable position for outside matching funds. 69 additional open space acres would be provided that are not included in the General Plan, or 140 total acres. In summary, Mr. Redwitz stated that the proposal consists of 11 sites totaling 246 acres; $21.1 million in financial commitments for circulation system improvements;140 acres of open space (69 more -24- 000;;G COMMISSIONERS 0 o June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL j INDEX acres than the General Plan); less development than the General Plan allows; and significant benefits to the City and the Community. Commissioner Gross asked if The Irvine Company was going to make . a contribution to maintain the land the Company is dedicating to the City. Mr. Redwitz negatively replied, and he explained that the land contribution significantly reduces the value of the remaining development areas. In response to a question posed by Commissioner Gross, Mr. Redwitz replied that The Irvine Company would request a private community on the Castaways property. In response to a question posed by Chairman Di Sano, Ms. Temple explained that it is the City's practice to assure that the closure of the environmental review period occurs well in advance of the time the EIR is certified, and the City Council is the body that certifies the EIR. The Planning Commission public hearings are provided as an additional forum for individuals to make comments on the EIR verbally, and the comments would be responded to accordingly. It is a practice that is allowed by the Environmental Quality Act. Commissioner Glover addressed the Castaways property and the dedicated land on the bluff top. She indicated that she had determined that the area should be used as a passive area for pedestrians as opposed to a bicycle path. She stated that she had a concern that the proposed uses that would be located in the open space and the housing would be too much for the area, and too much is being proposed for the site. She suggested a natural walkway and to keep the bluffs natural, and not to construct a concrete path. The Planning Commission recessed at 9:25 and reconvened at 9:40 P.m. Mr. Carl Hufbauer, 20241 Bayview Avenue, appeared before the Planning Commission on behalf of SPON. He asked what are the benefits to the City of the proposed Development Agreement, and what are the most substantial things that the City would get that it would not get if it went about business as usual without the Agreement? The two biggest items would be an interest free loan -25- 000::7 COMMIS31ONERS A k e` i June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX of about $13 million for road projects and eventual dedications of prime acreage on Upper Castaways and Newporter North that are not required by the General Plan. He asked what are the costs to the City and its residents of the proposed Development Agreement? The City would lose its discretion to respond to changing conditions, including endangered species; unacceptable increases in traffic congestion and air pollution; or an intensification of the public's desire to minimize development on such key parcels as Upper Castaways and Newporter North. The Newport Conservancy or like organizations would find themselves under immense time pressure to raise funds or generate acquisition packets for Upper Castaways and Newporter North as the Agreement is now written. Given the costs and given the irreversible damage to Newport Beach's aesthetic character and biological resources, SPON is skeptical whether the proposed Development Agreement as it now stands is in the interest of the City and its residents. He stated that SPON has the following suggestions: Upper Castaways and NM=rter North More generous setbacks from the bluffs; height and bulk limitations so the aesthetics of the area as seen from across the bay are not severely damaged as could occur under the present Agreement; remove language regarding Dover Drive; language regarding acquisition that would give the Newport Conservancy or similar groups two years to generate funds for the purpose of acquisition of Upper Castaways and/or Newporter North. Commissioner Pomeroy responded to the foregoing statement wherein he commented that it does not matter what the DevelopmentAgreement states, the Commission does not pre-empt an endangered species. The Irvine Company would not be able to build on the property if they do not mitigate for an endangered species. In response to a question posed by Commissioner Gross, Mr. Hufbauer replied that he is not a member of the Board of Directors of the Newport Conservancy. In response to a comment posed by Commissioner Gross, Ms. Temple explained that the Planned Community texts contain the basic setbacks, height, and parking requirements. Precise development plans indicating the exact layout of buildings, the location of internal roads, and the location of parking facilities that -26- 000::i COMMISSIONERS E • June 18, 1992 MINUTES OF NEWPORT BEACH ROLL CALL lNOEX M,ATY be provided for the public places are not addressed. The ned Community District Standards will be reviewed by the mission so as to make recommendations that will include ht limits and setbacks. Commissioner Debay and Mr. Hufbauer discussed the feasibility that a time limit for the Newport Conservancy or another organization to acquire the Upper Castaways. and/or Newporter North be included in the Development Agreement. Reverend Bill Kirlin-Hackett,1012 East Mayfair, Orange, appeared before the Planning Commission on behalf of the Newport Harbor Lutheran Church, located at 16th Street and Dover Drive. The church is the only developed parcel on what is considered Upper Castaways. The EIR does not identify the church on the Upper Castaways; however, the EIR for the Castaways Marina does recognize the church as part of the Castaways site. The impacts upon the church that would result from the proposal would be that the pre-school children would suffer during construction because of the dust and noise level; the pre-school would be impacted financially if the parents would not enroll the children because of the dust and noise; the children's safety would be a concern because of the proposed traffic on 16th Street; the nearness of homes as a result of the wrap -around layout proposed; noise would become an unneighborly factor between the church and the nearby residences; the worship life and schedule would be impacted because of the unnecessary configuration; a severe impact would occur on the wedding schedule and services; concerns that the church would be enveloped by a secured community with a possible six foot wall; the location of the park presents a problem of noise during wedding ceremonies and there would be a lack of parking in the area; and the loss of weddings would have a severe financial impact. Rev. Kirlin-Hackett suggested that the City, The Irvine Company, and the church come to a clear and firm agreement prior to the approval of the plan. He strongly recommended that the EIR be recognized as insufficient in addressing the impact oh the church and its mission. Commissioner Merrill referred to the foregoing statements and he asked if the church was entitled to more expansion based on the General Plan. Rev. Kirlin-Hackett replied that he was not aware of further church expansion plans. He indicated that widening of -27- 000 9 COMMISSIONERS �$ k • June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Dover Drive would reduce some of the church's valuable frontage land. The present plan as configured, has the church surrounded by the passive park border. In response to questions posed by Commissioner Debay, Rev. Kirlin-Hackett replied that he had not met personally with The Irvine Company to discuss the project, and that it would be difficult to contact the residents residing in the closed community without invitation. Commissioner Debay addressed the mitigation measures that have been placed on the Castaways property during the construction phase. Rev. Kirlin-Hackett stated that the mitigation measures do not address the church during construction. Commissioner Glover and Rev. Kirlin-Hackett discussed the concerns that the church has with respect to the children playing and other activities that would occur in the proposed park and the impact that the noise and parking would have on the church. Commissioner Edwards and Rev. Kirlin-Hackett addressed comments regarding the widening of Dover Drive. Rev. Kirlin- Hackett indicated that the church is concerned that if Dover Drive would be widened that the church would lose some of the parking lot. In response to a question posed by Commissioner Edwards, Mr. Webb explained that a six -lane Dover Drive has been in the Master Plan of Street and Highways since 1962. Commissioner Debay referred to the proposed Upper Castaways Planned Community District Regulations, page 6, wherein it states that Noise mitigation programs shall be based upon the recommendations of a licensed engineer practicing in acoustics and be approved by the Planning Department. Dr. Richard G. Vinson, Costa Mesa Citizens Transportation Alternatives Study Group, submitted and read a letter to the Commission dated June 18,1992, from Roy Pizarek, Chairman. He stated that the group requests to preserve the quality of life of residential neighborhoods; the deletion of the 19th Street and Gisler Street crossings of the Santa Ana River and the deletion or downgrading of East 19th Street as a secondary highway on Orange County's Master Plan of Highways; that Upper Castaways could -28- 00030 COMMISSIONERS A O June 18, 1992 MINUTES CITY OF 'NEWPORT BEACH ROLL CALL J INDEX result in significant traffic impacts in residential neighborhoods in the east side of Costa Mesa and Dover Shores in Newport Beach; and that the Commission consider alternatives for the proposed Upper Castaways project to compliment rather than degrade the existing residential neighborhoods. Commissioner Pomeroy stated that the 19th Street crossing over the Santa Ana River is essential to improve circulation throughout the Newport Beach/Costa Mesa area. Mr. Robert Webber, 420 Heliotrope, appeared before the Planning Commission on behalf of the Orange County Homeless Issues Task Force. Mr. Webber stated that he had reviewed the City's compliance with the State regulations regarding the housing, and planning issues. He complemented staff with regard to the housing issues. He requested that the City not lose the potential housing stock because it has been the policy to use 20 percent of the housing allocation for low and very low cost housing. He indicated that affordable housing is not included in all of the proposed Planned Community texts, and be requested assurance that affordable housing would be reflected in each of the projects. He recommended that the senior housing, the restaurant and the athletic facility be developed at Bayview Landing. Mr. Hewicker stated that there are no proposals to relax the City's affordable housing policy. The terminology in the Planned Community texts allows for the provision of affordable housing either on -site or off - site. Mr. Willis Longyear, 215 Via San Remo, appeared before the Planning Commission on behalf of the Newport Conservancy. He stated that the Conservancy is proceeding with an active program to acquire three privately held properties adjoining the Newport Bay Ecology Reserve and Park System in order to protect an ecological balance of the Reserve and to provide citizens of the community with continued access to particular desirable recreational open space. The Conservancy recommends that San Diego Creek South remain open as a corridor for continued wildlife access for Upper Newport Bay from inland open space areas, and that Newporter North remain as an open wildlife habitat as an upland breeding and hunting area and an extended habitat for endangered species. The Conservancy requests that Upper Castaways and Newporter North be left undeveloped for at least -29- 19nn:�� -Vvy C ISSIONERS ! . i June 18,1992 MINUTES CITY OF NEWPORT BEACH the period of years that would be required for the ecological sites to be assessed and explored in an orderly unhurried manner. The need for recreation and open space will become increasingly important to the City as development continues to "hem" it in, which requires that the Upper Castaways be retained for its present and future value as a particularly desirable parcel of recreational and open space. That Newporter North be carefully planned to provide low impact access for observation of wildlife in its natural habitat. The viewpoint has been born out by a recent City survey in which roughly 85 percent of those interviewed cited that preservation of open space and wildlife habitat are important issues for the City. Preliminary review of the EIR indicates strong possibilities that it also supports the initial assessment that development of the foregoing parcels will impose irreparable negative impact on the Upper Newport Bay Ecological Reserve and Park System. The Conservancy requests that the City work with the Conservancy to save the City's remaining small and rich heritage of wildlife habitat and recreational open space. The Conservancy requested that the Commission take no action in accepting the EIR or approving the Development Agreement until the response to comments has been completed. In response to a question posed by Commissioner Pomeroy, Mr. Longyear replied that the Conservancy would need approximately $80 million to preserve the aforementioned sites, and they have not begun the fundraising campaign. Mr. Longyear explained that if The Irvine Company developed the foregoing properties that it would take several years to get a return from their investment. The Conservancy's intent is to build enough presence and financial capability to meet The Irvine Company's requirements and they hope to do that within 1-1/2 to 2 years. It is not expected that the Conservancy would be able to pay The Irvine Company off within that period of time. Commissioner Gross and Mr. Longyear discussed the Conservancy's desire to have additional time to study the EIR with respect to Newporter North. Ms. Temple stated that there are several archeological sites identified on the Newporter North site and that there is specific mitigation included in the program that will require, prior to the issuance of any Grading Permit, that the investigation and salvage operation be complete. These types of -30- ooa;;z COMMISSIONERS I \01V\N1\\ • . June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL H INDEX programs are subject to the approval of a Coastal Permit for Cultural Resource Recovery. Mr. Michael J. Daley, 1921 Port Weybridge, appeared before the Planning Commission as President of the Harbor View Homeowner's Association, representing 525 homes. He addressed the Freeway Reservation parcel wherein he indicated that the homeowner's would be most affected by the proposed 36 dwellings at Ford Road and MacArthur Boulevard. He stated that the Association had a previous concern that Ford Road would become a cul-de-sac and additional houses would impact the community; however, The Association met with The Irvine Company regarding the property and the development was reduced from 76 structures to 36 structures so as to blend the proposed project with the existing community. Mr. Alan Remington appeared before the Planning Commission representing the Friends of the Santa Ana River. Mr. Remington stated that roads are not the answer to traffic and there is currently no crossing over the Santa Ana River at 19th Street; therefore, there is no traffic. He stated that the residents oppose a six lane road and the traffic would impact the residents. of Costa Mesa and Newport Beach. He indicated that 2600 residences proposed in the Santa Ana River area would generate heavy east and west traffic. Commissioner Gross and Mr. Remington discussed the concerns regarding the proposed impact of traffic at the comer of 19th Street and Newport Boulevard; the widening of Dover Drive; and the proposed 19th Street bridge. Mr. Jack Perkins, 474 - 16th Place, Costa Mesa, appeared before the Planning Commissions as a member of the Newport Harbor Lutheran Church. He stated that the Church moved from a Cliff Drive location to the present location because a freeway was proposed for that location; however, the freeway was never constructed. He stated that sometimes a proposal is not executed as planned wherein he referred to the concerns expressed regarding the expansion of Dover Drive. Mr. Robert Hoffman, a 19th Street resident in Costa Mesa, appeared before the Planning Commission on behalf of the East Side Homeowners Association. He submitted and read a letter dated June 18, 1992, to'the Planning Commission. He stated that -31- 000;3 COMMISSIONERS I* June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX their concerns are the increase in traffic because of the proposed development and associated street widening; the safety of the children; and the noise and pollution. The homeowners recommended an alternative to the proposed Upper Castaways project. In response to questions posed by Commissioner Merrill, Mr. Webb explained that the traffic projection does not indicate any change in traffic on 19th Street related to the proposed development. In response to questions posed by Commissioner Edwards, Mr. Webb explained that the proposed widening of Dover Drive that is included in the Circulation Element would be between West Coast Highway and Westcllff Drive. Commissioner Edwards stated that the Commission is not specifically addressing the widening of Dover Drive. Mr. Webb explained that the Commission is only addressing the part of the Development Agreement that requires The Irvine Company to provide the grading, if necessary. Mr. Webb further explained that if the City Council would change the Circulation Element of the General Plan and downgrade it, the widening of Dover Drive could be eliminated. In response to a question posed by Commissioner Glover, Mr. Webb explained that the Upper Castaways is one of the small increments that would occur within 20 years that would cause a need for the widening of Dover Drive. Commissioner Merrill concluded that it is good engineer and traffic planning to have The Irvine Company grade Dover Drive as a requirement as long as the roadway is on the Master Plan. Mr. Webb stated that in the interim the parcel would be landscaped and would provide open space. Mr. Royal Radtke, 330 Mayflower Drive, DeAnza Village, appeared before the Planning Commission on behalf of the Corona del Mar Chamber of Commerce and the Bayside Village Homeowner's Association. Mr. Radtke stated that the Corona del Mar Chamber of Commerce previously had concerns regarding the Upper Castaways site and the area near the Newporter Hotel; however, after examining the proposals, the Board of Directors unanimously supported The Irvine Company's plan. The Bayside Village Homeowner's Association has made no decision with -32- 00034 Ll COMMISSIONERS- minzs&u4s:, CC June 18, 1992 T+,S CITY OF NEWPORT BEACH ROLL CALL - ,ts- ' i o ',. ! "..ri° �. respect to the plan wasjnuch,s there are cone rns regaid�ng4MIT ,,`, h' cliff area across from DeAn")kkyside Village which could a liability for the City should an accident occur within the 40 foot setback's' ,In response to a question (dosed by Commissioner Edwards, i�Ir: Radtke explained that the residents are concerned with the liability ' factor inasmuch as the cliff areas are not properly marked, and the type of development that Would be allowed within the 40 foot setback Mr. Neil Randle, 1848 Port Tiffin Place, appeared before, the Planning Commission on behalf of the residents concerned with the southern portion of the Freeway Reservation project Mr. Randle stated that the residents would prefer that the area remain open space; however, after meeting with The Irvine Company, the AdHoc Committee agreed to a modified project wherein the homes would front on Newport Hills Drive and the number of structures would be reduced from 15 homes to 12 homes. In response to a question posed by Commissioner Merrill, Mr. Randle explained that the aforementioned AdHoc Committee has been sanctioned by members of the Board of Directors of the Newport Hills Community Association. Discussion ensued " regarding the feasibility of purchasing the property for open space. Mr. Gary Drew, 223 Monte Vista, Costa Mesa, appeared before the Planning Commission as a member of the Newport Harbor Lutheran Church and Council President. He stated that the Church has requested thatspecific glarifications be addressed in the Environmental Impact Report regarding the Upper Castaways site, i.e.: the inconsistencies of the Castaways Marina EIR and the Open Space Circulation Agreement EIR. The Church is addressed in the Castaways Marina )EIR, and the Church is mentioned in a minor way in the Open $pace ,Circulation E1,P Visual Chaiacter ' Section The Church has further requested that the EIR address ' mitigation measures similar to the Castaways Marina EIA Section 5.1, page 5.1-9, Land Use: To mitigate potential short term impacts [the Church would request long term impacts] to Church activities, the project applicant or designated representative, shall coordinate/ communicate with officials of the Newport Harbor Lutheran Church -33- 00035 COMMISSIONERS k\\N e e\ 0 . 0 June 18,1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX to esWUsh a schedule... and plan to work out the logistics of the development as it impacts the Church. Commissioner Merrill indicated that the Castaways Marina provided for a haul road, and inasmuch as the haul road would be constructed around the Church, the Church was specifically addressed in the Castaways Marina EIR. Mr. Drew concurred; however, he explained that the Castaways Marina is mentioned many times with respect to the impact that the Marina would have on the Church. Ms, Temple stated that the general construction impact conditions apply to everyone; however, staff has no problem with incorporating specific references to the Church and will respond to the foregoing comments in Response to Comment. The full scope of mitigation will be reviewed with the Church prior to submittal to the City Council. Mr. Drew stated that the Church requests that prior to Tract Map approval or submittal, a resolution be worked out between the City, The Irvine Company, and Newport Harbor Lutheran Church. A specific resolution would be in place prior to the approval of a Tract Map, that the resolution shall contain that any private or public development assure the Newport Harbor Lutheran Church that it will not be impacted to affect their ability to service the community, to adhere and to continue their mission's statements and programs that are currently offered to the community. That no impact be made that would af£gct the Church!s physical site with any constraints, including security, access, identity, that the Church now enjoys. Ms. B. L Johnson, 23 Canyon Crest, appeared before the Planning Commission in support of the proposed Development Agreement. She explained that the Agreement provides needs and economic benefits for the City, and she supported the Newport Conservancy's request to purchase the Upper Castaways site. Mr. Ed Benson, 1028 Westwind Way, President of the Dover Shores Community Association, appeared before the Planning Commission. He submitted a written text of his testimony to the Commission expressing the Association's support of the -34- 000 ;G COMMISSIONERS June 18, 1992 MINUTES w CITY OF NEWPORT BEACH ROLL CALL INDEX Development Agreement and the benefits the City would acquire as a result of the proposed project. Ms. Janet Remington, 1154 Boise Way, Costa Mesa, appeared before the Planning Commission. She addressed the West Newport OR project located adjacent to the Santa Ana River and 19th Street, and the circulation pattern to Dover Drive. She stated that a six lane highway would be constructed through the wetlands to Dover Drive if the West Newport Oil project would be developed from West Coast Highway to 19th Street in Costa Mesa, and she expressed concerns regarding the impact the traffic would have on the residents residing adjacent to the proposed roadway. Commissioner Gross, Commissioner Pomeroy, Commissioner Merrill and Ms. Remington discussed the feasibility of removing the expansion of Dover Drive from the Master Plan of Arterial Highways and her concerns regarding Dover Drive and the 19th Street Bridge. Mr. Webb stated that a study is currently going on with the County of Orange that will review the traffic in the Huntington Beach, Costa Mesa, Fountain Valley, and Newport Beach areas that will evaluate the needs for 19th Street, Gisler Street, and Wilson Street bridges as well as the status of the East 19th Street link. The recommendations that come out of the study will be forwarded to the cities. He stated that he has been designated to participate in the study. The group participating in the study are trying to quantify some of the problems that are currently being addressed and to try to determine where the traffic is coming from and going to. The results of the study will be submitted to the City Council at a later date. Mr. Allen Beek, 2007 Highland, appeared before the Planning Commission. Mr. Beek stated that the Development Agreement gives advance approval to projects that may be done many years in the future, and it is simply a way of the City abdicating responsibility in the future to maintain its vigilance over protecting the health, safety, and welfare of the community. It is improper for the City to give away the future years, the rights of future City Councils, and the right of the people at the polls to make their fundamental planning decisions for the City. It has been justified that the City would get some streets built and paid for by The Irvine Company; however, he said the City has no need for the -35- 000 0 COMMISSIONERS Vas"'c i June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX streets, and he suggested more intersection capacity and not more lanes. He suggested that the Circulation Element be amended to remove the additional lanes. In reference to the proposed Upper Castaways project, Mr. Beek stated that the bluff is eroding, that some of the runoff from the top of the bluff runs over the face and down the bluff, and is carving gullies. One of the requirements of the project should be that the gullies should be filled and restored, and that a berm be established along the drainage. There should be public bicycle and pedestrian access from 16th Street to the bluff top development. He opposed the proposal to construct a 10 foot berm or mound adjacent to the residential development and the open space inasmuch as the houses in back want a view and the houses in front should be kept low and not built up, and they should be restricted in height, so the neighbors behind can see over the lower structures. The proposed 32 foot height limit is completely out of character, at least for the front row of houses. In response to a question posed by Commissioner Debay, Mr. Beek explained that The Irvine Company is taking every last dwelling unit they are entitled to, on the Castaways, the Newporter North, and San Diego Creek South. He stated that what The Irvine Company is giving in open space is around the freeway, and that area cannot be developed. In response to questions posed by Commissioner Gross, Ms. Flory explained that the change in density would require a change in the General Plan, and it is a matter of creating zoning for the applications that currently exist. Mr. Hewicker explained that prior to the time that there are homes on the site, the zoning has to be established, Mr. Beek responded that the general outline would be established with the subject Development Agreement and the City would not be able to go back on the things that were given away with the Development Agreement. Mr. Beek commended staff and the City Attorney's office on the work that has been done with the subject Development Agreement. In response to a question posed by Commissioner Glover, Ms. Temple explained that the comprehensive set of mitigation measures require that the bluffs on the Castaways and Newporter North undergo a stabilization program. In addition, staff set up a program whereby in order to make use of the restored top of slope in the areas where there are erosion swells, that The Irvine -36- 00038 • • June 18, 1992MINUTES COMMISSIONERS CITY OF NEWPORT BEACH _ INDEX ROLL CALL Company would be responsible for the restoration and re- establishment of the slopes in those areas. Absent their willingness to make the improvements themselves, then their development line would be defined by the existing top of slope, which is in some areas quite irregular. With The Irvine Company's willingness to make those improvements, they could smooth out their development line and make use of the new line. Provisions have been made for both - the restoration of the erosion and the overall stabilization of the bluff on both sides. In the case of the restoration of the erosion areas, the cost would be the responsibility of The Irvine Company, and the overall bluff stabilization is currently the responsibility of the City. Mr. Dean Reinemann, appeared before the Planning Commission. He stated that he is on the Costa Mesa Transportation Committee; although he is a Newport Beach resident. He expressed his concerns regarding the standard policy that the City uses to Submit comments regarding the EIR. Chairman Di Sano explained that the comments on the EIR continue until July 18, 1992. Mr. Reinemann stated that the removal of open space around the Back Bay is the primary concern of the individuals attending the public hearing. Mr. Don Harvey, 2039 Port Weybridge, appeared before the Planning Commission. Mr. Harvey addressed Mr. Beek's foregoing comments and the inappropriateness of the Development Agreement, and he concurred that each project should be considered on an individual basis. He said that the Development Agreement would allow traffic to increase, and the result is that there would be more pressure from the public for open space. He requested not to take away for future representatives, the power to respond to future conditions. Mr. Harvey stated that the reason why the widening of Dover Drive does not show on the traffic count is because, subsequent to an extensive conversation with Cal - Trans, that the street width does not enter into projections. The Development Agreement is based implicitly on projections of what is going to happen in the future. Mr. Webb commented that it was his impression that the aforementioned statement indicates that the traffic models do not take into consideration the number of lanes and roadways wherein Mr. Webb replied that the statement is incorrect. Mr. Webb explained that the traffic model does indicate the number of lanes and it is a constrained model. Mr. Harvey -37- 0003J • � COMMISSIONERS June 18, 1992 MINUTES � o CITY OF NEWPORT BEACH ROLL CALL INDEX responded that in the Cal -Trans' models and projections, the lane structure was not considered because it was not clear what that would be. Mr. Harvey and Commissioner Gross discussed the feasibility of a change in future zoning, density, and development. Mr. Gordon Glass, 2024 Avenida Chico, appeared before the Planning Commission. Mr. Glass addressed Newporter Nord, the EK the Planned Community text, and public view corridors. He commented that Newport Conservancy will hopefully be able to raise enough money to purchase the Newporter North property. If the Conservancy does not succeed, then he recommended a view corridor which would not drastically impact The Irvine Company's ability to develop the property. If there would be a view plane and view corridor established downward to the water level to about where East Coast Highway is, there would be a perpetual view that thousands of people a day can enjoy. He proposed a view corridor approximately 1200 feet south from the intersection of Santa Barbara and Jamboree Road; establish a site plane as viewed from Jamboree Road at 4 feet above street level or the eye height of a driver passing downward toward the water level; and no trees or trees that could be controlled. He proposed that as a part of the Site Plan Review in the PC text that the aforementioned be given serious consideration. Ms. Temple explained that within the provisions of the Development Agreement, action could not be taken to reduce the number of units. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission. Dr. VanderSloot commended The Irvine Company for the sensitivity in addressing the smaller wetlands that are located on the subject properties, and their appreciation for the value of wetlands as open space. He expressed a concern that after the wetlands are dedicated to the City, is the City committed to preserving the areas as wetlands, are there any safeguards or restrictions, or anything that would make sure that the wetland areas that are dedicated actually remain wetlands for perpetuity. He stated that the wetlands located at Jamboree Road and MacArthur Boulevard may be impacted by the San Joaquin Hills Corridor, the Newporter North site may be impacted by the access road to the Corridor, and the Dover Drive wetland would be impacted by the widening of Dover Drive. He recommended that the Commission delay their decision until after the public comment riod is over because the Commission cannot be fully educated -38- 000,10 i COMMISSIONERS IM�;mi sk" • June 18, 1992 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL until after reviewing the comments or the biological affects of Newporter North until the Commission has,read what the Fish and Game Department and U. S. Fish and Wildlife Service have to report. He said that the Bolsa Chica Mesa EIR has suggested that cats not be allowed within the houses because cats will disturb the wildlife within the wetlands. He recommended that The Irvine Company the Newport Conservancy additional time to come give up with the necessary funding, possibly up to five years. Dr. VanderSloot stated that the Upper Castaways development would i impact 16th Street even though it is not stated in the EIR, and there has been no noise study on East 16th Street. He pointed out that developing an active park on Upper Castaways would not be compatible with adjacent residences. He concluded that residential developments do not generate enough property taxes over the long run to pay for the services -that are needed. Mr. Jim Kociuva, 5105 - 16th Street, appeared before the Planning Commission. He stated that Upper Castaways would generate more traffic for the eastside neighborhoods, and he opposed the proposed circulation plan. He addressed the traffic congestion at the intersection of 17th Street and Irvine Avenue, and he suggested an additional left turn lane for the east/west traffic. Mr. Tom Redwitz reappeared before the Planning Commission. Mr. Redwitz addressed the testimony during the public hearing regarding Newport Conservancy, and he responded that The Irvine Company would sell one or more of the subject properties so long as the property was sold at fair market value and within a reasonable time period of 12 to 18 months. He stated that The Irvine Company has an'open door' policy regarding the issue, and the Company has cooperated with the Conservancy to discuss the acquisition of the sites. In response to concerns posed during the public hearing regarding Newporter North, Mr. Redwitz explained that SPON requested the preservation of a view corridor from Jamboree Road; therefore, the shape of the Newporter North development pulls back from Jamboree Road going southbound to open up a view corridor to the lower bay. In response to public testimony regarding the proposed Development Agreement as opposed to 'piecemeal' projects, Mr. Redwitz explained that The Irvine Company considers comprehensive planning to be the most beneficial way to consider properties, and the method is consistent -39- 00041 0 COMMISSIONERS V`��'�'Ca:�i��\\ • June 18, 1992 MINUTES 7CITY OF NEWPORT BEACH ROLL CALL INDEX with the way The Irvine Company has previously developed properties. There being no others desiring to appear and be heard, the public hearing was closed at this time. Mr. Redwitz reappeared before the Planning Commission in response to questions posed by Commissioner Glover regarding the bluff restoration. Mr. Redwitz explained that the setback of the development area would be 40 feet, and The Irvine Company is not proposing to develop into the 40 foot setback. The proposal was originally that The Irvine Company would be allowed to grade into the area, but not build into the area. Ms. Flory explained that the concern is not whether the bluffs are restored, the concern is the extra weight on the manufactured slope, or the additional weight of the pad as it builds up in the extra 20 feet. Mr. Hewicker explained that during the processing of grading, raising the • elevation, and creating the pad, The Irvine Company would be developing within the 40 foot setback and that would include the additional height of the land and the weight of the earth. Mr. Hewicker stated that development can be considered dirt or structures. Ms. Temple explained that the restoration of the bluff face does not affect the liability issues identified in relationship to the creation of the manufactured slope. Mr. Watson reappeared before the Planning Commission in response to the foregoing comments wherein he explained that by The Irvine Company coming 20 feet into the 40 feet, and if something that The Irvine Company wants to do would cause an unstable condition on the bluff, The Irvine Company would be responsible to correct what they have caused. Mr. Watson further explained that to do any development, grading, etc. and if the City would indicate that what is being done would cause instability to the bluff, then The Irvine Company would correct what they are doing or they would pay for it. Ms. Flory stated that the City Attorney's Office would be looking at an assumption of liability if there would be 20 feet into the 40 feet. Commissioner Edwards suggested the foregoing as a condition that could be added to the project. Mr. Watson concurred with comments made by Commissioner Merrill that The Irvine Company would like to intrude on the setback with it slope easement. Mr. Watson explained that The Irvine Company has only indicated that there is a possibility that they would want to grade into the area. Commissioner Merrill stated that by elevating -40- 00042 COMMISSIONERS ��o!% �� June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX the lots it is feasible that The Irvine Company may be able to mitigate the intrusion from the open space corridor into the backyard which could present a problem, so if the property could be elevated, and construct a wall at the top of the four foot fill, a 10 foot high barrier could be constructed and it would depress the traffic. Chairman Di Sano asked Mr. Redwitz if The Irvine Company would support a 20 foot setback and if they would indemnify or hold harmless the City. Mr. Redwitz concurred. In response to a question posed by Commissioner Pomeroy regarding Mr. Beek's comments with respect to .a 32 foot height limit, Ms. Temple explained that the 32 foot height limit is common in Planned Community texts, and the standard Residential Districts are either 24 feet or 28 feet. In response to a question posed by Commissioner Debay regarding the safety -factor of a 10 foot encroachment as opposed to 20 feet into the 40 foot bluff top, Ms. Flory explained that there would be the same safety concerns based on the additional weight over the portion of the bluff that supports the weight. Commissioner Pomeroy stated that he would not support a very rigid straight wall going at the 40 foot setback which would be unattractive, and would not be to the benefit of the City. However, he agreed with previous comments that a 20 foot area is inadequate for access, that a 10,foot encroachment and 2:1 slope would be somewhat of a compromise, and 20 feet adjacent to the bluff is not enough of a level area. In response to questions posed by Commissioner Edwards, Ms. Flory replied that the City Attorney's Office has not discussed cross -indemnification with The Irvine Company. Ms. Flory" further replied that the suggestion could be voted on by the Commission and the City Attorney's Office could address the issue with The Irvine Company. Commissioner Gross stated that any agreements made with The Irvine Company regarding the encroachment into the setback area and issues of liability could be over -ridden by a future geo-technical study. Mr. Webb. concurred that a geo-technical study would be the ultimate guide and if it would be geo-technically incorrect The Irvine Company would not develop on the property. -41- 00043 COMMISSIONERS jo June 18, 1992 MINUTES f CITY OF NEWPORT BEACH INDEX ROLL CALL Commissioner Merrill addressed the encroachment issue from a planning concept whereby he determined that further permits, i.e. an Encroachment Permit or Grading Permit, would require geo- technical studies. Ms. Flory concurred that the Commission should make recommendations for planning, and the liability and agreement would be handled between the City Attorney's Office and The Irvine Company and it would go to the City Council in that form. Chairman Di Sano asked if The Irvine Company would make best efforts at the point of Site Plan Review to accommodate the concerns of parking, sign direction, sidewalk, etc. that would be specifically for the Newport Harbor Lutheran Church? Mr. Redwitz agreed with the foregoing statement. Ms. Temple stated that an additional point of decision would be included in the Site Plan Review for the Upper Castaways Planned Community text. In response to a question posed by Commissioner Debay, Ms. Temple stated that the purpose of requesting that the Commission make a determination regarding an active park on Castaways is that there had been some concerns regarding an active park and the reference is specifically for the 4 to 5 acre facility which is on the corner of 16th Street and Dover Drive. The definition in the Planned Community text is that there would be an active recreation facility on the site; however, there are limitations such as there would be no night lights. Commissioner Merrill stated that an active park would be the determination of Parks, Beaches and Recreation, or he would be interested in an inventory of the existing parks. Ms. Temple stated that The Irvine Company reviewed the Site Development Plans with the Parks, Beaches and Recreation Commission and an active ark is the result of their input in addition to the input of the Cliff Haven Community. Chairman Di Sano stated that he would be supportive of an active park as the result of an Outreach Meeting. Commissioner Debay stated that many of the Newport Harbor theran Church's concerns would be eliminated if the active park as removed from the request. Ms. Temple suggested that a control mechanism could be placed on the use of the active park inasmuch as the PB&R Commission has the ability to impose use restrictions based on time of day and day of week. -42- 00044 . • COMMISSIONERS June 18, 1992MINUTES o�'�, �',p d • �cq CITY OF 'NEWPORT BEACH INDEX ROLL CALL Commissioner Glover requested a directive where there would be a concerted effort to work with the Newport Harbor Lutheran Church and staff,' including PB&R and The Irvine Company, to come up with an agreement so the Site Plan Review would indicate that all of the interested parties would feel comfortable. Ms. Temple concurred that a requirement in the Site Plan Review would include a resolution which clearly involves the agreement of all parties. Commissioner Pomeroy referred to the supplemental data from the EIR, Earth Resources, wherein it is stated that the City's minimum setbacks may not necessarily be adequate from a geo-technical viewpoint concerting bluff slope instability. Appropriate safe bluff top setback recommendations should be determined by the project geo- technical consultant at the tentative tract map review phase to the satisfaction of the City. He stated that the language would go far in solving problems. Ms. Temple stated that the foregoing is in the required mitigation measures. Mr. Redwitz reappeared before the Planning Commission wherein he stated that The Irvine Company would make every effort to cooperate with the Newport Harbor Lutheran Church to come up with a viable solution regarding the Church's concerns; however, The Irvine Company would not accept a condition that required prior to the Site Plan Review submittal that there would be an agreement. The Commission took the following straw vote actions on the proposed project: Green is Yes - Red is No Circulation Improvement and Open Space Agreement. L Should The Irvine Company be allowed to use the restored top of slope as the point of beginning for the measurement of property and building setback lines if the erosional swales on Castaways and Newporter North are restored by TIC? ****** Green Red -43- 00045 COMMISSIONERS V1R11,Q&t June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 2 Is the additional dedication of the remainder of Newport KUage in combination with exchange of the southerly portion of San Diego Creek North for ultimate dedication to the TCA acceptable? ****** Green Red Castaways 3. Shall there be an active park on Castaways? * * * * Green * * Red Castaways/Newporter North: 4. Shall TIC be allowed to encroach 20 feet into the 40 foot bluff top property line setback area with a manufactured slope? In response to a question posed by Chairman Di Sang the Commission modified No. 4 to encroach 10 feet instead of 20 feet. * * Green Red a. If yes, shall the maximum slope be 2.1 or AW * * Green: 2:1 Red: 4:1 b. That any encroachment would include appropriate arrangement between the City and The Irvine Company relative to full indemnification of encroachment Mr. Webb suggested that the foregoing be modified to include a requirement to maintain the slope. Discussion ensued regarding the responsible party(ies). Commissioner Merrill stated that Community Association's should not be asked to maintain property -44- 00041 0 COMMISSIONERS O �GO"G_I\\ • June 18, 1992 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL on 'the other side, of the wall'. Commissioner Edwards suggested that The Irvine Company maintain or compensate the City for the maintenance of the encroachment. * * Green * Red Bayview Landing.• 5. What shall be the permitted land use on the lower portion of Bayview Landing? a. Restaurant/Athletic Club b. Senior Citizen housing with transfer of retail to Fashion Island c. Active Park with transfer of retail to Fashion Island In response to questions posed by Commissioner Gross, Ms. Temple explained that the problem with not taking action on the foregoing item would be that Item 5 (b) requires a General Plan Amendment Initiation. It is specifically structured not to be restaurant or athletic club or senior citizen housing because with respect to senior housing, The Irvine Company is desirous of transferring a certain amount of retail into Fashion Island in conjunction with the approval. Ms. Temple further explained that The Irvine Company requested a restaurant/athletic club; however, they would accept senior citizen housing with transfer to Fashion Island. Mr. Redwitz reappeared before the Planning Commission wherein he indicated that affordable senior citizen housing would be a good project and they would be supportive of that type of development. In response to a question posed by Chairman Di Sano, Mr. Watson reappeared before the Planning Commission and he replied that The Irvine Company would prefer senior citizen housing; however, if it would be infeasible to develop senior citizen housing he asked if the restaurant/athletic club would be acceptable? Ms. Temple explained that the General Plan Amendment could be structured so as to have a fall back land use. Mr. Redwitz stated that the Planned Community text was drafted with the restaurant/athletic club use, and an alternative would be to allow a senior citizen housing project on the site and in the event, transfer the entitlement to Newport Center. It is not -45- 0,0047 C-I COMMMI�ISSSII''ONERSVa" 1 � \t 0 June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX necessarily eliminating the use on the Bayview Landing site for the restaurant/atbletic club use but providing an option to develop a senior citizen housing project on the site. Chairman Di Sano suggested that Item S (c) be modified to state Senior Citizen Housing with transfer of retail to Fashion Island or the restaurant/athletic club. Ms. Temple concurred with the foregoing suggestion. In response to a question posed by Commissioner Glover, Ms. Temple explained that on the subject site the proposal would be for affordable senior housing addressing low and very low income housing. Mr. Redwitz concurred. He stated that the zoning that would be approved on the property would allow one of the uses. In the event the affordable senior housing project is built, that it would be the ability through a General Plan Amendment to transfer the entitlement off of the site to Newport Center. Ms. Temple stated that it would be at the discretion of The Irvine Company to determine what would be the best development given the scope of permitted land uses. The Planned Community text only allows the restaurant and athletic club. The Commission's action would change the PC text as it goes forward to the City Council to show the third available land use as affordable senior citizen housing. Green- Restaurant/Athletic Club White- Senior Citizen housing with transfer of retail to Fashion Island * * * * * * Red- Affordable Senior Citizen housing with transfer of retail to Fashion Island or restaurant/athletic club. Block 800 - Newport Center.- 6 Shall the potential senior citizen housing be subject to the review and approval of a Use Permit? In response to a question posed by Commissioner Debay, Ms. Temple explained that senior citizen housing is the type of use here the operational characteristics are of interest in terms of controlling life care facilities. Mr. Redwitz stated that The Irvine Company would not have an objection with a use permit. 46- 00048 COMMISSIONERS �0 June 18, 1992 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL * * * Green - Use Permit * Red- No Use Permit Motion * Motion was made to approve Development Agreement No. 6, Traffic Study No. 82, Amendment No. 763 (Resolution No. 1300), Amendment No. 764 (Resolution No. 1301), Amendment No. 765 (Resolution No.1302), Amendment No. 766 (Resolution No.1303), Amendment No. 767 (Resolution No. 1304), Amendment No. 768 (Resolution No.1305), Amendment No. 769 (Resolution No.1306), and Amendment No. 770 (Resolution No. 1307) according to the findings and conditions in Exhibit "A", as modified by the revisions suggested by staff. Commissioner Gross stated that there would only be one reason why he would be against voting for the project and that would be Dr. VanderSloot's comment regarding the Environmental Impact Report. However, knowing that the EIR is not certified by the Commission but by the City Council at a later date prior to the closing of the draft comments, he would vote in favor of the project. Commissioner Pomeroy stated that the Commission has met on a consistent basis over a two year period with The Irvine Company and the Commission has offered their own suggestions as Commissioners as ways of enhancing the benefits to the City, particularly in the view park area and open space area. Commissioner Edwards concurred with Commissioner Gross' comment regarding the EIR. He stated that the only reason he would vote against the project would be that the City is essentially giving up a certain amount of discretion. The benefits that would be derived from the arrangement outweighs the difficult decision. Commissioner Glover stated that a very good intensive Site Plan Review has been outlined by the staff, and almost all of the projects will come to the Commission through the public hearing process. Commissioner Merrill compared open space with setbacks. He stated that setbacks are generally located on private property and maintained by the property owner. The Irvine Company is giving -47- 00049 COMMISSIONERS June 18, 1992 MINUTES 1�;edo�k\\ CITY OF NEWPORT BEACH ROLL CALL 1NOEX open space which will help the City. He indicated that it would be difficult for the Newport Conservancy to raise the funds to purchase the open space properties; therefore, he suggested that the Conservancy raise money to improve some of the open spaces and the ongoing maintenance could be born by the Conservancy money. Commissioner Debay stated that based on the benefits to the City, the number of required mitigation measures, the review on several different tracts, and it is a phase development, that she would support the project. Chairman Di Sano stated that he would support the project. He addressed meetings between The Irvine Company, the Commissioners, members of Community Associations, and Outreach meetings. He stated that the proposed Development Agreement as written by the City Attorney's Office is a document that the City can live with and it is not a'give away'. All Bye& Motion was voted on, MOTION CARRIED. 1. That a Program Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy, 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance, except in the areas of Aesthetics/Light and Glare, Biology, and Public Services and Utilities, and that the remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social -48- 00050 C> COMMISSIONERS • June 18, 1992 MINUTES ROLL CALL CITY OF NEWPORT BEACH benefits to the community override the remaining significant INDEX - environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Mitigation Measures: AestheticsJI & and Glare 1. In conjunction with site plan review, the project proponent shall prepare a detailed temporary grading and landscape plan for the bluff top setback area for the purpose of minimizing bluff erosion. If graded slopes from a development area extend into the bluff top setback area, as proposed by the PC Text, the project proponent shall prepare detailed final grading and landscape plans for the bluff top setback area. The plan shall be reviewed and approved by the Parks, Beaches and Recreation Department, Planning Department, Public Works Department, and Building Department. gsmsportationlCirculation 2. The City shall prepare a circulation improvement monitoring program to direct expenditures of funds received under the Development Agreement to make improvements and to monitor the status of those improvements. The list of improvements to be implemented shall initially be based on those identified on Table V, with prioritization established based on technical need and ability to implement them in a timely manner. Flexibility to add or delete projects on the list should be maintained to respond to actual changes in traffic volumes and the ability of the City to accomplish improvements so long as the projected Net Benefit to the circulation system is maintained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the City's annual•Congestion Management Program and Growth Management Program analysis and the annual review of the Development Agreement. -49- 0005: COMMISSIONERS o • . 0 June 18,1992 MINUTES CITY OF NEWPORT BEACH ROLL. CALL INDEX 3. The applicant or successor in interest shall construct or post bond for all frontage improvements identified in the Development Agreement and listed in Table B of the Program EIR. Air Quality 4. All grading related to the project shall be conducted in accordance with SCAQMD Rule 403. This mitigation measure shall be made a condition of all grading permits related to the project. 5. After clearing, grading, earth moving, or excavation operations while construction activities are being conducted, fugitive dust emission shall be controlled using the following procedures: • Graded sections of the project that will not be further disturbed or worked on for long periods of time (three months or more) shall be seeded and watered or covered with plastic sheeting to retard wind erosion. • Graded sections of the project which are undergoing further disturbance or construction activities shall be sufficiently watered to prevent excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. 6. During grading and construction activities, the applicant shall further control fugitive dust emissions using the following measures: • On -site vehicle speeds on unpaved roads shall be limited to 15 miles per hour. Entrances to all on -site roads shall be posted with a sign indicating the maximum speed limits on all unpaved roads. • All areas with vehicle traffic shall be periodically watered. -50- 00052 COMMISSIONERS A o June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX • Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent accumulations of excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. 7. Office and commercial development on the Corporate Plaza West and Bay View Landing site shall also -participate in the Centerride program currently in operation in the Newport Center area. Evidence of intent to participate shall be provided to the City of Newport Beach Building Department prior to issuance of occupancy permit. 8. Bicycle racks shall be required in accordance with the City of Newport Beach Transportation Demand Ordinance. 9. Construction of related frontage improvements shall include bus turnouts and shelters if determined to be necessary and desirable by the Orange County Transit District and/or the City of Newport Beach. Prior to -final design and construction of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine if any bus turnouts or shelters will be required. 10. All development shall include street and security lighting (in parking lots and pedestrian walkway areas) which is energy conserving. A lighting plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works. 11. Residential, commercial and office development shall be landscaped with an emphasis on drought resistant plant species which will shade buildings and reduce water and energy consumption during the summer. A landscape plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the -51- 00053 COMMISSIONERS I � k\N\\ June 18,1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL NKX Department of Public Works prior to issuance of an occupancy permit. Bala 12. The applicant shall ensure that all residential lots and dwellings are sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms. Evidence shall be prepared under the supervision of a City certified acoustical consultant which demonstrates that these standards will be satisfied in a manner consistent with applicable zoning regulations and submitted as follows: A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the City's Advance Planning Manager for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. B, Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Advance Planning Manager for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the projects plot plan illustrating height, location and -52- 0005,1 COMMISSIONERS ,o ,p �O June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX construction in a manner meeting the approval of the Cit?s Advance Planning Manager. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations may be required by the Planning Director to verify compliance with STC and IIC design standards. 13. All non-residential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element. Prior to the issuance of any building permits, evidence shall be ,prepared under the supervision of a City certified acoustical consultant that these standards will be satisfied and shall be submitted to the Manager, Advance Planning in the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the -sound attenuation measures specified have been incorporated into the design of the project. 14. All freestanding acoustical barriers shall be a berm, wall or combination berm and wall. Walls shall not contain holes or gaps. Walls shall be constructed of slumpstone or other masonry material. Final acoustical barrier heights and locations shall be determined when final grading plans are developed showing lot locations, house/building setbacks and precise pad elevation. Biological Resources 15. Pursuant to Section 1601-1603 of the State of California Fish and Game Code, the California Department of Fish and Game shall be notified of any alterations to streambed habitats. The applicant or any successors in interest shall be responsible for notifying the Department of Fish and Game regarding any grading related to residential development and associated improvements on the San Diego Creek -53- 00055 COMiMISSIONER$ � � June 18, 1992 MINUTE$ A . CITY OF NEWPORT BEACH ROLL CALL INKX South, Upper Castaways, Newporter North, and Freeway Reservation sites which would alter streambed habitats. The applicant or any successor in interest shall notify the Department of Fish and Game and obtain any necessary permit prior to the issuance of a grading permit. Copies of proper notification and necessary permits shall be provided to the City of Newport Beach prior to issuance of a grading permit. The City of Newport Beach shall be responsible for notifying the Department of Fish and Game regarding any grading related to any public improvements (e.g. trails, recreational facilities, roads, drainage facilities, etc.) in areas designated for open space, public facilities, and/or parks which would alter streambed habitats. The City of Newport Beach shall notify the Department of Fish and Game and obtain any necessary permits prior to commencement of any grading which could alter the streambed habitat. The permits issued by the Department of Fish and Game pursuant to Sections 1601-1603 may require additional mitigation measures deemed necessary by the Department. 16. Wetland delineation studies in accordance and conjunction with the California Department of Fish and Game and U.S. Army Corps of Engineers permitting processes shall be performed for any wetland which will be impacted by grading and construction activities. The applicant or any successor in interest shall be responsible for conducting the wetland delineation studies for wetlands impacted by residential development or associated improvements on the Newporter North and Upper Castaways sites. If residential development or associated improvements on the San Diego Creek South or Freeway Reservation sites encroach into the Bonita Creek wetland, the applicant or any successor in interest shall be responsible for conducting the wetland delineation study. The City of Newport Beach shall be responsible for conducting the wetiand delineation studies for wetlands impacted by any public improvements/facilities in areas designated for open space, public facilities, and/or parks which will encroach into wetlands. The studies shall occur at the time specific site plans and grading plans are available and prior to issuance of any grading permits or commencement of grading activities in areas containing wetland habitat. -54- 0005u COMMISSIONERS 11 �90% . .� June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 17. Public use and related facility development for areas proposed for natural open space and passive park uses within the Upper Castaways, Newporter North, Newporter Knoll, Bay View Landing, Freeway Reservation, and Jamboree/MacArthur sites shall be designed to be sensitive to existing biological resources. To this end, facility plans and public uses for these areas shall be prepared in consultation with a qualified biologist who shall determine that such plans and uses do not adversely impact sensitive resources identified on these sites (e.g. wetlands, coastal sage scrub, etc.). If necessary, additional environmental documentation shall be prepared at the time facility plans are prepared to determine if significant adverse impacts beyond those anticipated in this Program EIR will occur. If new significant adverse impacts are identified, additional mitigation measures shall be adopted. 18. Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South, Bay View Landing, and Newporter North sites shall be restricted as follows: Upper Castaways and Newporter North - No grading (except that necessary for trail establishment and improvements, erosion control or bluff stabilization), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. 'San Diego Creek South - No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place below the existing 60 foot elevation contour surrounding the John Wayne Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation of equipment shall encroach into the hillside above the 25-foot contour of the lower development area. 19. Prior to grading and/or constructing any public facility on the San Diego Creek North site which will encroach into the on -site freshwater marsh, the City of Newport Beach (or other public agency responsible for development of the -55- 00057 COMMISSIONERS V0%01%" June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CA 1111 H INDEX public facility) shall approve and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the San Diego Creek and Upper Newport Bay Ecological Reserve. 20. Prior to grading and/or constructing any residential development or associated improvement on the Upper Castaways site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on - site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. 21. Prior to grading and/or constructing any residential development or associated improvement on the Newporter North site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. 22. Development on the San Diego Creek South site shall be designed so as to reduce the amount of light and glare which could potentially spill over into the wetland habitats -56- 00058 COMMISSIONERS A1\ O ROLL CALL I June .18, 1992 CITY OF NEWPORT BEACH i 4 MINUTES COMMISSIONERS 0 • June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX preparation of landscape plans to ensure that this measure is complied with. Landscape plans shall be approved by the City Planning Department prior to issuance of building permits for private development or commencement of grading for public facilities and public recreational uses, 25. All non -emergency grading related to bluff stabilization/remediation on the Newporter North and Bay View Landing sites shall occur during the non -breeding season for the California gnatcatcher, The non -breeding season is from August 1 to January 31. Resources Earth Faulting and Seismicity 26. Buildings four stories in height or higher shall be designed in accordance with requirements for seismic zone 4 as outlined in Chapter 23 of the Uniform Building Code and/or with the benefit of a site specific seismic ground response spectrum study which would be prepared by the project geotechnical consultant and structural engineer to matching of building period With site period. The allow m g p g structural plans and/or ground response study shall be completed to the satisfaction of the Building Department prior to issuance of a building permit. 27. Buildings less than four stories in height shall be designed by a Structural Engineer in accordance with UBC Chapter Non -critical structures 23 requirements for Seismic Zone 4. N o shall be designed to withstand strong ground shaking that may accompany a maximum probable earthquake along the Newport -Inglewood Fault. Critical structures (i.e., hospitals, fire/police facilities, schools, etc.) shall be designed to withstand strong g 8 round shaking associated with a maximum credible earthquake on the Newport -Inglewood Fault. Structural plans, including seismic design calcula- tions/parameters, shall be approved by the City Building Department prior to issuance of building permits. 28. Habitable buildings shall not be placed adjacent to (above or below) slopes or bluffs where seismic induced slope or -58- 00060 0 COMMISSIONERS VOW, \\ • June 18, 1992 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL bluff failure could occur. Though the City has established a Bluff Setback Criteria for development on the top -of -bluff (Development Policy D.2.b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability during an earthquake. Areas potentially prone to such failures shall be identified and further evaluated by the project Geotechnical Consultant during the Tentative Tract Map review and Grading Plan review stage. The evaluation shall be prepared to the satisfaction of the Building Department prior to the issuance of grading permits. Grading and building plans shall reflect the recommendations of the evaluation to the satisfaction of the Building Department. 29. In accordance with the Alquist-Priolo Special Studies Zone Act„a Registered Geologist shall further evaluate and make recommendations regarding the potential for ground surface rupture effecting proposed development on -sites where "Potentially Active Faults" have been identified (Bay View Landing and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the future. The study shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to approval of a tentative tract map or grading permit whichever comes first. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Liquefaction 30. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the -59- 00061 COMMISSIONERS June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill surcharging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Erosion 31. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet Dow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. 32. All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the City Grading Engineer prior to the issuance of occupancy permits, 33. Berms and brow ditches shall be constructed to the satisfaction and approval of the City Grading Engineer. Water shall not be allowed to drain over any manufactured slope face. Top -of -slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the City Grading Engineer prior to issuance of grading permits. -60- 00062 COMMISSIONERS VOW,Q \ June 18, 1992 MINUTES !r CITY OF NEWPORT BEACH ROLL CALL INDEX 34. Prior to the issuance of grading permits, appropriate artificial substances shall be recommended by the project landscape architect and approved by the City Grading Engineer for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the City Grading Engineer. 35. Drainage of both surface and subsurface water over or toward the bluffs on the Upper Castaways and Newporter North sites shall be minimized. Though some drainage of rainwater over the bluff face cannot be avoided, drainage controldevicesshall be designed to direct excess water from site improvements away from the bluff face. Irrigation shall be controlled to prevent excessive infiltration into the subsurface. The project Civil Engineer shall design grading plans to minimize surface runoff over the bluff faces. The project Geotechnical Consultant shall provide recommendations to minimize subsurface water migration toward the bluff faces prior to approval of Tentative Tract maps or site plans. All design criteria for the control of surficial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Bluff and Slope Instability 36. The project geotechnical consultant shall review the tentative tract map and grading plan for each site and prepare a report addressing all salient geotechnical issues related to bluff and slope stability of any existing bluff or slopes. These reports,shall include: 1) detailed analysis of field data including surface and subsurface geological mapping; 2) laboratory testing results; 3) stability analysis of existing bluffs and proposed slopes as illustrated on the tentative tract map or rough grading plan; 4) conclusions; 5) recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. -61- 00063 COMMISSIONERS ,e046\10\4 June 18,1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 37. Prior to the issuance of grading permits, the Project geotechnical consultant and/or civil engineer shall make written recommendations for manufactured slope stabilization including, but not limited to, buttressing, rock bolting, grouting, slope gradient laybacks, or retaining walls. All necessary recommendations shall be included in the grading plan to the satisfaction of the City Grading Engineer. 38. Though the City has established a Bluff Setback Criteria for development on the top -of -bluff (Development Policy D.2.b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Beach Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability. Prior to issuance of grading permits, appropriate safe bluff top setback recommendations shall be determined by the project Geotechnical Consultant based on the evaluation required by Mitigation Measure 3 to the satisfaction of the City Grading Engineer. 39. During grading a geotechnical consultant shall monitor grading operations to ensure that recommendations for slope instability mitigation are implemented. Additionally, the geotechnical consultant shall evaluate slopes as they are graded through geologic mapping and analysis to ensure that no unanticipated conditions are present. Slope stability mitigation recommendations may require modification during grading. Compliance with this measure shall be verified by the Building Department. 40. Prior to issuance of building • permits, the geotechnical consultant shall prepare a Rough Grading Report and As - Graded Geotechnical Map for each graded site at the completion of grading of that site. The Report shall summarize and document compliance with all mitigation measures. The Rough Grading Report shall include a statement regarding the adequacy of the manufactured slopes for their intended use and a statement regarding the adequacy of the recommended bluff setbacks. The report -62- 00064 COMMISSIONERS VOWQ& June 18, 1992 MINUTES w CITY OF NEWPORT BEACH ROLL CALL INDEX shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be approved by the City Grading Engineer. Compressible/Collapsible Soil 41. Prior to the issuance of grading permits, written recommendations for the mitigation of compressible/collapsible soil potential for each site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of approval for the site - specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site - specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the City Grading Engineer. Expansive/Corrosive Soil 42. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. -63- 00065 COMMISSIONERS 1\81%_\N1 June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Near Surface Groundwater 43. The project geotechnical consultant and/or civil engineer shall prepare written site -specific reviews of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near -surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on existing or future bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the sites and properties adjacent to the sites if dewatering is recommended. The geotechnical consultant and/or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. Water Resources Water Quality 44. Prior to the issuance of grading permits, the applicant shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. 45. Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the City Grading Engineer and Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Air -borne and vehicle -borne sediment shall be controlled during construction by: the regular -64- 00065 COMMISSIONERS A\0�\N-\\ June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX sprinkling of exposed soils; and the moistening of vehicles loads. C. As approved.material such as rip rap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrated runoff. d. During the period of construction activity, existing vegetation which will be retained on -site shall be protected from traffic by the use of fences. If appropriate, buffer strips or vegetative filter strips, such as tall stands of grass, can be used as an alternative and/or supplementary method to protect against sediment buildup. 46. Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or swales) located at disturbed areas or graded right-of-ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. 47. The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the entrance, and its length shall be no less than fifty feet. The entrance plans shall be reviewed and approved by the City Engineer and Grading Engineer concurrent with review and approval of grading plans. 48. The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of .a ridge of gravel placed across graded right-of- ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall -65- 00-067 COMMISSIONERS ,o June 18, 1992 MINUTES CITY OF NEWPORT BEACH R01__L CALL INDEX be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. 49. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the City Grading Engineer. Drainage Patterns 50. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain facilities shall be approved by the City Engineer. Any systems shown to be required by the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving Agency. Resources ultural Archaeology ALL PROJEClr SITES 51. All sites shall be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant shall select a City -approved qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. 52. The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project, to a local institution which has the proper facilities for curation, -66- 0006 COMMISSIONERS • • V a June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX display and 'study by qualified scholars. All. material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. 53. Any excavation of a site located within the Coastal zone of more than two surface meters of dirt shall require a coastal development permit prior to commencing the excavation. All provisions of the California Coastal Commission guidelines shall be complied with. UPPER CASTAWAYS 54. Prior to any grading related to development of the bluff trail system, open space uses or bluff stabilization which could impact CA-Ora49 and CA-Ora-186 on the Upper Castaways site, the sites shall be subjected to test excavations by a City approved archaeologist (experienced in both historic and pre -historic archaeology) to determine site integrity, extent and significance. The methodology of the test excavation shall reflect the recommendations contained in the Cultural Resources report prepared for this Program EIR. A report shall be prepared detailing all findings and recommendations and submitted to the Planning Department within 90 days of completing test excavations. BAY VIEW LANDING 55. Prior to issuance of a grading permit, CA-Ora-1098 shall be surface collected and subjected to test excavations by a City approved archaeologist to determine site integrity, extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. 56. Prior to grading for the new park, the project sponsor shall retain a City approved archaeologist to conduct a surface collection and subsurface test excavation of CA-0ra-66 to determine site extent, integrity and significance. A report -67- 00065 COMMISSIONERS A\t�\N- June 18,1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX shall be prepared detahing all findings and submitted to the Planning Department within 90 days of completing test excavations. 57. Prior to grading for the view park, the project sponsor shall retain a City approved archaeologist to place a test unit on top of the knoll on the Bay View Landing site in the area containing shell scatter, to determine if the shell is representative of a subsurface archaeological deposit. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the test excavation. NEWPORTER NORTH 58. Prior to the use or development of the open space areas for passive recreational uses, CA Ora 51 and CA Ora-518 on the Newporter North site shall be surface collected and subjected to test excavations to determine site extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. 59. Prior to the issuance of a grading permit, the applicant shall conduct a surface collection of the eastern extension of CA Ora-100 which would be impacted by grading and/or development of residential uses. The surface collection shall be conducted by a city approved archaeologist. A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of completing the surface collection. 60. Prior to the issuance of grading permits, the applicant shall conduct a data recovery of program CA Ora-64 on the Newporter North site. The program shall be conducted by a City approved archaeologist. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the data recovery program. 61. Prior to issuance of a grading permit for residential development or any bluff stabilization, a qualified -68- OOOit0 COMMISSIONERS *601\\ 1. • June ", "92 MINUTES CITY OF NEWPORT BEACH ROLL CALL J, INDEX archaeologist shall review grading and drainage plans to determine if there are any indirect or direct impacts to CA- Ora-51, 52 and 518. If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings • and submitted to the Planning Department within 90 days of completing test excavations. NEWPORTER KNOLL 62. Prior to any grading or use of the site, the City shall conduct a surface collection of archaeological material present on the top of the hill of the Newporter Knoll, with test units placed on the hill to determine site significance and boundaries. One unit shall be placed in the recorded area of CA-Ora-50 to determine if a portion of the site still exists. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing surface collection test excavation. BLOCK 800 63. Prior to the issuance of a grading permit a qualified City approved archaeologist shall conduct a surface collection of CA Ora-136 on the Block 800 site and subject the site to test excavations to determine site extent and significance. A test unit shall also be placed in the northern portions of the parcel to determine if a sub -surface midden is under the asphalt and trash. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. CORPORATE PLAZA WEST 64. Prior to the issuance of a grading permit, a City approved qualified archaeologist shall dig post holes in the areas containing surface shell on the Corporate Plaza West site to determine if the shell represents sub -surface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing sub -surface testing. -69- 0007 1 COMMISSIONERS 0 June 18, 1992 MINUTES � d CITY OF NEWPORT BEACH ROLL CALL INDEX 65. Prior to the issuance of grading permit, the surface near the southern section of the property shall be examined by a City approved qualified archaeologist after removal of brush and prior to any ground disturbance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination, FREEWAY RESERVATION 66. Prior to issuance of a grading permit for the northern development area (Lot 2), a City approved qualified archaeologist shall examine the surface of areas previously identified as CA-Ora-216. 'The examination shall be conducted after removal of brush but prior to grading. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. Paleontology 67. Prior to the issuance of grading permits, a collection plan shall be prepared and implemented by a City approved, qualified paleontological monitor for known exposed fossil localities on Bay View Landing, Newporter North, and Upper Castaways. Because of the small nature of some fossils present in these rock units, matrix samples shall be collected for processing through fine mesh screens. The collection plan shall be reviewed and approved by the Planning Department. 68. Prior to the issuance of grading permits, the applicant shall make provisions for the preparation and curation of all fossils possibly recovered from the sites during grading. This shall be done in a manner approved by the City's Planning Department. 69. Prior to the issuance of grading permits, the applicant shall identify a repository approved by the City's Planning Department which shall receive all fossils collected from the sites. ao- 0007; COMMISSIONERS Ad �� . June 18, 1992 ;MINUTES CITY OF NEWPORT BEACH• ROLL CALL INOEX 70. Cliff faces along Upper Newport Bay that have served as a reference section for micro -paleontological studies should be protected from alteration. If bluffs along Newport Bay need to be altered for bluff stabilization purposes, detailed measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of these efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the comparative study and sampling. A report shall be submitted to the Planning Department within 90 days. Law Enforcement 71. The project proponent shall work in conjunction with the City of Newport Beach Police Department to ensure that crime prevention features are included in building design and construction. The City of Newport Beach 'Police Department shall review all site plans and access plans. Water 72. Prior to issuance of grading permits for the development sites, the applicant shall be responsible for preparation of a Master Plan of Utilities. The Master Plan of Utilities will determine any necessary expansion of facilities and/or any modifications, upgrades or extensions to the existing water systems resulting from this project. All necessary expansions of facilities and/or upgrades or extensions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. Wastewater 73. Prior to issuance of grading permits, the developer will provide a Master Plan of Utilities facilities for the on -site development in order to determine the exact necessary modifications or extensions to the existing sewer systems, if needed. All necessary expansions of facilities and/or upgrades or extensions of existing water systems needed as -71- 0007 COMMISSIONERS r 9 June 18,1992 MINUTES CITY OF NEWPORT BEACH Rat. CALL INDEX a result of the project will be the responsibility of the developer, unless current district or City policies dicta. otherwise. The Plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. B. Development AMment No. 6 Flnding5: 1. That the Development Agreement is in compliance with California Government Code Section 65864 et seq. and Newport Beach Municipal Code Chapter 15.45. 2. That adoption of the Development Agreement would not preclude the City from conducting future discretionary reviews in connection with the project, nor would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. Condition: 1. Once every 12 months from the date of execution of the Development Agreement, the project proponent or his successor in interest shall prepare and submit for review by the City Council a report demonstrating compliance with the terms of the Agreement,.as required by Section 15.45.070 of the Newport Beach Municipal Code. C. TraMe Study No. 82 Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the project is a comprehensive phased land use development and circulation system improvement plan with -72- 00M COMMISSIONERS d .4 E • June 18, 1992 MINUTES CITY OF •NEWPORT BEACH ROIL CALL INDEX construction of all phases not anticipated to be completed within 60 months of project approval. 3. That the project is the subject of a development agreement which requires the construction of major improvements early in the development program. 4. That the Land Use and Circulation Elements of the Newport Beach General Plan are not made inconsistent by the impact of traffic generated by the project in that the project proposed eliminates certain planned and anticipated development through the dedication of certain sites for permanent open space, and the other development sites are to be developed consistent with or less than that allowed by the General Plan. 5. That an unsatisfactory level of service will not be caused or made worse at any intersection for which there is an identified improvement. 6. That the benefits to the circulation system resulting from the major improvements substantially outweigh the increased traffic at impacted but unimproved intersections. 7. That there is an overall reduction in ICU at impacted intersections, taking into account peak hour traffic volumes at those intersections, and that the reduction is caused by the improvements associated with the project. I Conditions: 1. That the Irvine Company shall make available to the City the monies specified for circulation system improvements consistent with the provisions of Development Agreement No. 6. 2. That the City of Newport Beach shall utilize the monies provided by The Irvine Company to construct in as timely manner as possible major circulation system improvements. These improvements shall be designed to insure that the anticipated' overall improvement in ICU anticipated in the traffic study is achieved. -73- 00075 0 COMMISSIONERS *01 �\I June is,1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX D. Amendment No. 763 Adopt Resolution No. 1300 recommending City Council approval of Amendment No. 763. E. Amendment No. 764 Adopt Resolution No. 1301 recommending City Council approval of Amendment No. 764. F, Amendment No. 765 Adopt Resolution No. 1302 recommending City Council approval of Amendment No. 765. 766 IV. Amendment No. Adopt Resolution No._1303 recommending City Council approval of Amendment No. 766. H. Amendment NQ, 767 Adopt Resolution No. 1304 recommending City Council approval of Amendment No.767. L Amendment No. 768 Adopt Resolution No. 1305recommending City Council approval of Amendment No.768. -7. Amendment No. 769 Adopt Resolution No. 1306recommending City Council approval of Amendment No, 769. 770 K. Amendment No. Adopt Resolution No. 1307 recommending City Council approval of Amendment No.770. sss -74- 00076 COMMISSIONERS d •' . June 18, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Amendment No. 761 ftblic Hearing) Item No.4 Request to consider an amendment to Title 20 of the Newport A761 Beach Municipal Code as it pertains to the design of permitted bay window and greenhouse window encroachments into required yard setbacks in residential districts. INITIATED BY: The City of Newport Beach In response to a question posed by Commissioner Debay, William Laycock, Current Planning Manager, explained that greenhouse on second floors in the front and rear yards, (Res No. 1308) Approved Notion * windows are allowed but they are not allowed in the side yards unless approved by the Modifications Committee. The public hearing was opened in connection with this item. There being no one to appear and be heard, the public hearing was closed at this time. Motion was made and voted on to approve Amendment No. 761 All Ayes (Resolution No. 1308) recommending to the City Council the changes to Title 20 of the Newport Beach Municipal Code. MOTION CARRIED. DISCUSSION Disc. Item Motion * Amendment No. 762 Request to consider amendments to Title 20 of the Newport Beach Municipal Code pertaining to permitted height, number and yard encroachments of accessory buildings in residential districts. Motion was made and voted on to set this item for public hearing No. 1 A762 — PH set All Ayes on July 23, 1992. MOTION CARRIED. rrr .7j. 00'07 0 COMMISSIONERS o I \ ,� k\N 0 June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL I I I I I INDEX ADDITIONAL BUSINESS: Addl Business Motion was made and voted on to direct staff to prepare an Motion „ amendment to Title 20 of the Municipal Code for Commission All Ayes review so as to revise the power and duties of the Modifications Committee regarding the heights of chimneys. MOTION CARRIED. 12:47 am. Ad ourn 0s• NORMA GLOVER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -76- 0007 0 • ATTACHMENT 2a Planning Commission Meeting June 18. 1992 Agenda Item No. 3 CITY OF NEWPORT BEACH TO: Planning Commission DepartmentFROM: Planning SUBJECT`- A. Develgpment Agmernent No. (L(EuWk-Ugadal Request to adopt a Development Agreement for the Circulation Improvement and Open Space Agreement for eleven sites in the City of Newport Beach. The proposal also includes the acceptance of an environmental document. WED Request to approve a traffic study consistent with the provisions of Chapter 15.40 of the Newport Beach Municipal Code for eleven sites addressed in the Circulation Improvement and Open Space Agreement. ICE C. Amendment No 763 fPnblic Hea*inel Request to amend the Harbor View Hills Planned Community District Regulations and Development Plan so as to allow for the construction of 48 additional dwelling units. LOCATION: Property located at 1501 Ford Road, adjacent to the easterly side MacArthur Boulevard, between Ford Road and San Joaquin Hills Road, in the Harbor View Hills Planned Community. ZONE: P-C EXI-01 Request to adopt Planned 'Community District Regulations and Development Plan for Upper Castaways. This request would provide for the construction of 151 dwelling units. 00081 V TO: Planning Commission - 2 LOCATION: Property located at 900 Dover Drive, on the southeasterly side of Dover Drive between the Westeliff Drive and West Coast Highway. ZONE: P-C 0 Request to adopt Planned Community District Regulations and Development Plan for Newporter North/Newporter Knoll. This request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll. LOCATION: Property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort. ZONE: P-C Request to amend the North Ford Planned Community District Regulations and Development Plan so as to allow for the consruction of 300 additional dwelling units. LOCATION: Property located at 3200 University Drive, on the northeasterly corner of Jamboree Road and University Drive South, in the North Ford Planned Community. ZONE: P-C 0 Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. restaurant or a 40,000 sq.ft. athletic club. 00082 0 TO: Planning Commission - 3 LOCATION: Property located, at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. ZONE: Unclassified 0 Request to amend portions of Districting Maps No. 44 and 66 so as to reclassify property from the U (Unclassified) District to the P-C (Planned Community) District. The proposal also includes a request to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use of the subject property. LOCATION: Property located at 3600 Jamboree Road, bounded by Jamboree Road, MacArthur Boulevard and SR 73, and property known as San Diego Creek North located at 3500 Jamboree Road, bounded by the San Diego Creek, Jamboree Road and SR 73. ZONE: Unclassified I Amendment No. 769 (Public Hearing) Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction of 245 dwelling units or senior citizen housing. LOCATION: Property located at 855 San Clemente Drive, on the southeasterly comer of San Clemente Drive and Santa Barbara Drive, in Block 800 of Newport Center. ZONE: P-C TM �.� ■ .Ml Request to amend a portion of Districting Map No. 48 so as to reclassify property from the O-S (Open Space) and Unclassified Districts to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for 00083 TO: Planning Commission - 4 the Corporate Plaza West Planned Community. This request would allow for the construction of an additional 94,000 sgft. of office development (115,000 sqft. total). LOCATION: Property located at 1050 Newport Center Drive, on the northwesterly corner of East Coast Highway and Newport Center Drive, across from the Corporate Plaza Planned Community. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant The various applications under consideration will, if approved provide vested entitlement for eight sites owned by The Irvine Company (TIC) throughout the City of Newport Beach. Additionally, three sites currently owned by TIC will be zoned and dedicated for open space and public facility use. The approvals include a development agreement, a traffic study and eight amendments to rezone property and adopt or amend Planned Community District Regulations. Regulations regarding the adoption of Development Agreements are contained in Chapter 15.45 of the Newport Beach Municipal Code. The adoption of Traffic Studies are governed by Chapter 15.40 of the Code and by Council Policy S-1. Regulations regarding Amendments are in Chapter 20.84, and procedures for the adoption of or amendments to Planned Communities are in Chapter 20.51 of the Code. All of the proposed actions are consistent with existing General Plan land use designations, and represent the implementation of zoning entitlements for these properties. The specific designations for the subject sites are discussed below. Harbor View Hills/Freeway Reservation: The Land Use Element designates this site for 76 single-family attached units. The proposed PC amendment allows for the construction of 48 dwelling units and is consistent with this designation, and also accommodates the widening of MacArthur Boulevard as provided in the Circulation Element. raggr Castaways: The Land Use Element designates this property for a maximum of 151 dwelling units. Although the Land Use Element Map shows this as single-family detached, other residential development types are also permitted. The bluff areas are designated as Recreational and Environmental Open Space. The proposed PC development plan is consistent with these designations, as well as the future widening of Dover Drive as anticipated in the Circulation Element. 0008.1 • 0 TO: Planning Commission - 5 Newuorter North/jporter Knoll: The Newporter North property is designated for a maximum of 212 single-family attached units in the Land Use Element, although residential product types are permitted. The bluff areas, as well as the Newporter Knoll, are designated Recreational and Environmental Open Space. The proposed PC regulations are in conformance with these designations. North Foreman Diego Creek South: This site is designated for Multi -Family Residential use with a maximum of 300 dwelling units, 20 percent of which shall be affordable units. The proposed PC amendment conforms to this designation. Bewiew Landing: This site is divided into two portions by topography. The upper portion, near the intersection of Coast Highway and Jamboree Road, is designated for Recreational and Environmental Open Space and is intended to be used for a view park, with a trail staging area for pedestrians and bicyclists, restrooms, and picnicking areas. The lower portion of the property, near Backbay Drive, is designated for Retail and Service Commercial with an allocation of 10,000 square feet of restaurant use or 40,000 square feet of athletic club use. The proposed PC regulations are consistent with these designations. San Diego Creek North and Jamboree/MacArthur, The San Diego Creek North site is designated for Administrative, Professional and Financial Commercial use with an allocation of 112,000 square feet. A 2.5-acre fire station site is also designated on this parcel. The Jamboree/MacArthur property is designated for Administrative, Professional and Financial Commercial use with a floor area ratio limit of 0.25 (approximately 50,000 square feet). The proposed amendment would restrict these sites to public facilities and open space, and would eliminate all office development entitlements. Block 800: Block 800, within Newport Center, is currently designated for 245 multi -family units in the General Plan. The proposed planned community regulations would allow a maximum of 245 apartments, condominiums, or senior citizen housing with ancillary skilled nursing areas and recreation facilities. The proposed PC regulations are consistent with this designation. As provided by the General Plan, senior citizen housing developments exceeding the established dwelling unit limit may be approved with a finding that the project is of particular benefit to the city and the traffic generated by the project is no greater than the predominant use allowed in the area. Corporate Plaza West: The Corporate Plaza West property in Newport Center has a General Plan designation for an additional 94,000 square feet of office development on the remaining undeveloped 9.0-acre portion of the site. The proposed PC regulations would allow a variety of office and commercial uses consistent with the 94,000-square-foot General Plan entitlement. NoUrter Resort: This property is currently developed with 411 hotel rooms, and pas a General Plan designation for an additional 68 hotel rooms. The proposed action would provide entitlement for a maximum of 479 hotel rooms. 00085 0 0 TO: Planning Commission - 6 In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K 3, a Draft Program Environmental Impact Report has been prepared for the proposed project. The Draft EIR addresses the potential environmental impacts and mitigation measures related to the proposed actions to the extent possible based on the level of detail currently available, and subsequent environmental analysis may be necessary when detailed site plans are submitted. As a result of subsequent analyses, additional mitigation measures may be proposed and adopted. The Draft EIR also evaluates alternatives to the proposed actions. The 45-dtly public review period for the DEIR began on June 4 and will end on July 20. The Draft EIR evaluates the projects potential impacts, including cumulative impacts in connection with other past and future projects, in the areas of land use, aesthetics/light and glare, transportation, air quality, noise, biology, earth resources, water resources, housing, cultural resources, and public services/utilities. The Draft EIR states that no significant impacts would result from the project in the following areas: land use, light/glare, noise, earth resources, housing, cultural resources, and public services other than fire protection. Although no significant direct project impacts would occur in the areas of traffic, air quality and water quality, the project would contribute to significant cumulative impacts in these areas. Direct unavoidable significant adverse impacts as well as cumulative impacts would be expected in the areas of aesthetics (loss of open space and visual resources at Upper Castaways and Newporter North) and biological resources (loss of habitat at Newporter North and Bayview Landing). A temporary significant Impact in the area of fire protection would result until a new fire station is constructed to serve the northern portion of the city. In addition to the evaluation of project impacts, Chapter VI of the DEIR describes a wide variety of alternatives to the proposed project, as required by CEQA. The purpose of this analysis is to determine whether there are any feasible alternatives that could accomplish the objectives of the project while reducing or eliminating significant impacts, even if those alternatives would be more costly. Of the seven major alternatives analyzed, two were found to be infeasible and were eliminated from further consideration by staff. Of the Eve remaining alternatives, only the design alternative for an additional active park at Bayview Landing was found to be environmentally superior to the proposed project due to an increase in active park facilities. This alternative would partially conflict with the objectives of The Irvine Company, however. None of the other feasible alternatives were found to substantially reduce the adverse impacts of the project as proposed. Bac o� und. On November 27, 1989, the City Council adopted Resolution No. 89-LM establishing the Circulation Buildout City Council AdHoc Committee. This Committee was established to work with The Irvine Company (TIC) and City staff in the development ob 0 0 8 0 TO: Planning, Commission - 7 a comprehensive approach to entitlement of certain undeveloped TIC properties consistent with the General Plan in association with the establishment of a funding mechanism for the construction of important components of the circulation system. Through the course of these discussions, a program of open space and public facility dedications was identified: The agreement is, therefore, called the Circulation Improvement and Open Space Agreement, and consists of three major components: 1. The entitlement of eight sites owned by The Irvine Company in the City of Newport Beach at a level equal to -or less than the General Plan Land Use Element allocation. The sites proposed for vesting entitlement are: Upper Castaways, Bayview Landing, Newporter Resort, Newporter North, Corporate Plaza West, Block 800 (Newport Center), San Diego Creek South and Freeway Reservation East. Two sites would be zoned for open space uses: Newporter Knoll and Jamboree/MacArthur. One site, San Diego Creek North will be zoned for open space or public facility uses. 2. Advance funding of circulation system improvements through the prepayment of Fair Share Fees, the commitment to frontage improvements, and the advance of additional funds, with a total commitment of $20.6 million plus an additional $500,000 for MacArthur Boulevard improvements in the City of Irvine. Funds loaned to the City (the advance) would be interest free, and would be paid back to TIC through a return of 509o' of Fair Share Fees collected by the City for a twenty year term. If the advance of funds is not completely paid after twenty years, the remainder of the debt would be forgiven. 3. The dedication to the City of land for park, open space, and public facility uses. Three entire sites would be dedicated: Newporter Knoll, San Diego Creek North and Jamboree/MacArthur. Substantial portions of five additional sites would also be dedicated: Upper Castaways, Bayview Landing, Newporter North, San Diego Creek South and Freeway Reservation East. No dedication would occur on Corporate Plaza West, Block 800 - Newport Center or the Newporter Resort sites. The agreement under consideration is a development agreement to be adopted pursuant to Chapter 15.45 of the Newport Beach Municipal Code. The agreement sets forth the legal framework, requirements and obligations of both parties to achieve the entitlement (for TIC), and the land dedication and circulation funding (for the City). One item of interest is the effective date of the agreement. In this case, the effective date is not the date of approval, but is the first date upon which all of the following have occurred: 1. final approval by the California Coastal Commission, 2. the CEQA challenge period has expired or, if a lawsuit is filed, a final judgement upholding the agreement has been entered, and 3. the City has issued a grading or building permit for development of the property other than potential senior citizen housing development on Bayview Landing, development on the southerly parcel of Freeway Reservation East, senior housing development on Block 800 or hotel development on the Newport Resort. The agreement does make provisions for the City to make use of the circulation funds prior to the effective date of the agreement if certain conditions are met. 00087 0 TO: Planning Commission - 8 The agreement can be terminated if any county, state or federal law, rule, regulation or plan precludes compliance with one or more provisions of the agreement. The agreement may also be terminated if either party defaults on their obligations pursuant to the agreement. if the Company elects termination of the agreement upon default by the City, there are provisions for repayment of circulation funds paid to the City pursuant to the agreement. It is important to understand that this provision could be a substantial General Fund obligation, in that the obligation is based upon the development remaining and shall be repaid in four years. sn�ested changss. In reviewing the agreement, there is one additional provision which the staff would suggest. In regards to the Upper Castaways and the Newporter North parcels, the development areas defined in the P-C Texts do not address the fact that there are some erosional swales which would result in an uneven development area boundary due to the provisions of the bluff top setback provisions of the Municipal Code. A provision should be incorporated to allow the use of the new top of slope if The Irvine Company repairs the bluff in these areas. PrQject Alternatives. Since the development of the original project description, two potential alterations to the project description have been proposed. These changes related to the permitted land uses on Bayview Landing and the open space dedications on San Diego Creek North. Bayview Landing. The City has expressed an interest in achieving some affordable senior citizen housing, and The Irvine Company has indicated that it would be possible to provide this use on the Bayview landing site. If this use were authorized, it would require an amendment to the Land Use Element of the General Plan since this option also includes transfer of commercial entitlement to Fashion Island. In considering this option, the Commission should consider the impact of greater structural intensity on the site (estimated at 100,000 sq.ft.) and the proximity of the site to support uses such as shopping and medical areas. It should be noted that the EIR includes another option for the Bayview Landing site. This would involve the transfer of the development to Fashion Island and the designation of the lower Bayview Landing site as a neighborhood park. This is considered an environmentally superior alternative. The action of the Planning Commission will, therefore, include a determination of the permitted land uses. The options are: 1. The proposed project (restaurant or athletic club), 2. the designation of the site for senior citizen housing facilities and transfer of 30,000 sq.ft. to Fashion Island (requiring initiation of a General Plan Amendment), or 3. transfer development to Fashion Island and designate the site for open space. San Diego Creek North. This topic was raised as part of a concern of the City staff regarding the disposition of the Newport Village site, since this action would be the last entitlement action in Newport Center. Staff requested the City Council Ad Hoc Committee to consider a requirement to dedicate the remainder of the Newport Village site as part of this action. The Irvine Company has responded with an agreement to dedicate the Newport TO: Planning Commission - 9 Village site if it could- maintain its ownership of the portion of San Diego Creek North between the Creek and the Bayview Way extension. This would not alter the permitted land uses for the site, but would allow TIC to dedicate the site to the Transportation Corridor Agency (TCA) for mitigation and restoration as a wildlife corridor. In the view of the City stafti this is "win -win" proposal. The City will get the additional open space on Newport Village, removing any potential for re -entitlement in the future, and the site adjacent to San Diego Creek will be restored as originally proposed, but with the TCA gaining ownership, including maintenance and liability. TRAFFIC STUDY A comprehensive traffic study was prepared in conjunction with the environmental review of the project, including a long range analysis of the overall program and an analysis as required by Chapter 15.40 of the Newport Beach Municipal Code [Traffic Phasing Ordinance (TPO)]. Long Range Traffic Analysis. The traffic study prepared for the Environmental Impact Report includes an analysis of the long term implications of the proposed development. Using the Newport Beach Traffic Analysis Model developed.fok the City by Austin -Foust and Associates, the specific project is not shown to have any impacts beyond those associated with the long term build -out of the General Plan. In order to address the circulation system improvement requirements associated with the build -out of the General Plan, the City has established two circulation system funding programs. These are the Traffic Phasing Ordinance (TPO) and the Fair Share Traffic Contribution Ordinance. This project is required to comply with both these Ordinances, and does so through the circulation funding program adopted as part of the Circulation Improvement and Open Space Agreement. Traffic Phasing Ordinance Anal This project is the fast to be processed pursuant to specific provisions of the Traffic Phasing Ordinance for a project which is a phased land use development and circulation system improvement plan with construction of all phases not anticipated to be complete within 60 months from the date of approval, is the subject of a development agreement resulting in the early completion of major improvements, and includes a traffic study which demonstrates compliance with the TPO for early phases of the development, the Land Use and Circulation Elements remain consistent as a result of the improvements, substantial improvements are made as a result of the project. These improvements must be of a nature such that 1. an.unsatisfactory level of service is not caused or made worse at any intersection for which there is a feasible improvement, 2. the benefits to traffic circulation from the improvements substantially outweigh the increased traffic congestion at impacted but unimproved intersections and 3. there is an overall reduction in ICU at impacted intersections. 00089 TO, Planning Commission -10 This project is not anticlpatod to be complete within 60 tnorlt�l4r &Ad i4 the 4000 of a development agreement as required by the TPO. Major M401140nP4 fur tha #tub of making substantial circulation system improvements wilt be made e41Y in the Prow, ap% specifically, as soon as the City can prepare Projects for constmctlon cMslste it W4 so needs of the Program Thaw funck will a>sR Play a major role it} the (40 ability t9 slain additional fundu ources from vadaus swhich typically require tiae Prnri4iga of metclii f� (such and Prop. III and Measure M funds)• The chart on the following page (excerpted from the EM paBe 176) sutvmariM the not benefit analysis. The Commission should compare column 1-Ito protect, ADiMPMA"Muts with column d - With project, with improvements. These $gores are for the yw 2000. Column 3 shows the improvement in ICU, and concludes that the overall ICU benefit in the AM peak hour is 1.32 and the over all benefit in the PM peak bQur i4 j..21. '}'die project, therefore, complies with the provisions of the Traffic Phasing Ordinance. It is important to note that the project defines certain improvements to the circulation system, but does not specifically require that those specific improvements be in40• Tlm on going monitoring of the development agreement and mitigation measures will require the City to review the ultimate improvement program for compliance with she WWdpated LOS improvements defined in the traffic study xW required by the M. 00090 TABLE U NET BENEFIT TO CIRCULATION SYSTEM DUE TO THE PROJECT (YEAR 2000) 1. NOROOJFGT 2. PROJECT- 3. W1'I'H PROJECT 4. W1TH PROJECT S. ICU NET '--I o IMPROVENWNTS IWACT NO WITH U"ROVEhUMS WROVENMNTS CHANGE INTERSECTION AM PM AM PM AM PM AM PM AM PM 6. PROJECT IMPRUVBMI.N7S 7. Riverside & CH .99 1.13 .02 .01 1.01 1.14 .90 .88 .09 .25 separate SBR. 9. MacArthur & Campus .64 1.11 .02 .01 .66 1.12 .66 112 -.02 -.01 No DIrect-Improvements. 13. Jamboree & Campus .92 .74 .00 .00 .92 .74 .92 .74 .00 .00 No Direct Improvements. 15. Campus & Bristol N .78 1.05 .01 .00 .79 1.05 .79 1.05 -.01 .00 No Direct Improvements. Birch & Bristol N .73 1.04 .00 .00 .73 1.04 .73 1.04 .00 .00 No Direct Improvements. 1616. 17. Campus & Bristol S .93 .97 .00 .00 .93 .97 .93 .97 .00 .00 No Direct Improvements. w 18. Birch & Bristol S .62 .92 .00 .01 .72 .93 .62 .93 .00 -.01 No Direct Improvements. so 19. Irvine & Mesa .69 1.00 .01 .00 .70 1.00 .70 1.00 -.01 .00 No Direct Improvements. C- 20. Irvine & University .70 .89 .01 .00 .71 .89 .71 .89 -.01 .00 No Direct Improvements. 24: Irvine & Westciiff/17th .82 .93 .01 .01 .83 .94 .63 15 .19 .08 Second EBL J. 0 27. Dover & Bayshore/CH .96 .89 .01 .01 .97 .90 .97 .90 -.01 -.01 No Direct Improvements. 28. Bayside & CH .95 .84 .01 .00 .96 .84 .96 .84 -.01 .00 No Direct Improvements. , 29. MacArthur & Jamboree .78 1.64 .02 .00 .80 1.04 .80 1.04 -.02 .00 No Direct Improvements. 34. Jamboree & University .88 1.27 .03 .05 .91 132 72 .97 .16 30 Second SBI. Fourth NBT. 35. Jamboree & Bison .94 .89 .03 .03 .97 .92 .97 .92 -.03 -.03 No Direct Improvements. 37. MacArthur & Bison .95 .94 .00 .01 .95 95 .77 .84 .18 .10 Second NBI , Fourth NBT. 39. MacArthur & Ford 1.03 1.01 .01 .01 1.04 1.02 .66 .84 37 .17 Fourth VN BT�Fourth SST, Second 45. MacArthur & SIH Rd .79 .94 .00 .00 .79 .94 S5 28 .24 .06 T1drdSBT, Separate WBR. 46. Mi MacArthur & San .94 1.04 .01 .00 .95 1.04 .73 .73 .21 31 �N�LTLird SBT, Miguel Bu Total ICU reduction to the Circulation System with the tiro (Net Benefit) 132 1.21 •' Source Austin -Foust Associates, Inc. ICU . Intersection Capacity UQuation N. a North SJH Rd - San Joaquin Hills Road SBL = South Bound Left SBT - South Bound Through _. CH =_COOK Highway S = South EBL = East Bound Left NBT = North Bound Through WBT - West Bound Through • 0 TO: Planning Commission -12 The proposed project includes eight zoning amendments, which consist of revisions to existing Planned Communities or adoption of new Planned Communities. These amendments are discussed individually below. � 11 � I 1 11 - 1 , �' \1.� I �h• � t V \i'1�.� \ .� • '. 1 1 This 28.3-acre property is currently part of the Harbor View Hills PC, although specific site uses and development standards have not been established. The General Plan designates this site for 76 residential units. The proposed PC amendment would designate this property for 48 Low -Medium Density units on an 11-acre portion of the site (4.4 DU/acre). A minimum lot size of 5,000 square feet would also be established. The 17.3-acre remainder of the site is proposed for open space and future right-of-way for the widening of MacArthur Boulevard. Some of the proposed key development standards are summarized below. Max. building height 32 feet Min. setbacks Street 15 feet (major) / 10 feet (local) Side 5 feet Rear 20 feet Amendment 764: Upggr Castaways The 56.6-acre Upper Castaways site is presently allocated 151 residential units in the General Plan. The current zoning designation is Planned Community, although no PC regulations were previously adopted. As part of this project, PC regulations would be adopted designating this property for 151 dwelling units on 26.0 acres, with an 11.5-acre view park, a 4.8-acre active park, and 14.3 acres for open space and Dover Drive right-of-way. Permitted residential types would include single-family detached, townhouses and condominiums with ancillary recreation facilities. Tice Upper Castaways property is located within the coastal zone, and the adopted Local Coastal Program identifies a public bikeway/walkway along the blufftop with access from Dover Drive and/or Westclifi Drive. The proposed PC regulations include a provision that the design of such trails shall be subject to approval by the Public Works, Planning, and Parks, Beaches and Recreation departments. The proposed PC regulations would also require compliance with the City's affordable housing policies, and off -site compliance would be permitted. Some of the proposed key development standards are summarized below. Max. building height 32 feet 00092 TO: Planning Commission -13 Min. setbacks Street Garage Side Rear 35 feet (Dover Dr.) / 10 feet (internal) 5-7 feet or 18 feet 5 feet / 0 (if 10 feet between buildings) 10 feet Blufftop setbacks: One of the major issues relevant to this project is the General Plan policy concerning preservation of coastal bluffs. The Land Use Element provides that minimum blufftop property line setbacks of 40 feet, or as determined by a projected 2:1 slope angle from the base of the blufl•, whichever is greater, shall be maintained. In addition, a 20-foot building setback from any blufftop property line is required. This policy also provides that the Planning Commission may increase or decrease this minimum building setback if it is consistent with the purposes of this policy. The proposed PC regulations submitted by The Irvine Company would allow grading for manufactured slopes to encroach up to 20 feet into the required blufftop property line setback, and would also allow building pads adjacent to bluff areas to be raised as much as 10 feet above natural grade. It is the opinion of staff that this encroachment is not desirable due to the steepness of the slope and magnitude of the encroachment. This proposal would result in only 20 feet.for walkways and other usable open space. The Office of the City Attorney has also expressed a concern related to liability. Based on discussions with the Director of the Parks, Beaches and Recreation Department, staff does not believe the requested manufactured slope encroachment would be inconsistent with the intent of the General Plan policy as long as the average slope ratio is limited to 4:1 and sensitive grading techniques are utilized (e.g., slope rounding), with grading plans subject to review and approval by the Planning, Building and PB&R departments. A 4:1 slope is relatively gentle and could still be used by the public. Staff has no objection to the proposal to allow building pads to be raised not more 10 feet. Park and church access and parking: The PC regulations proposed by The Irvine Company would permit this project to be a private, gated community with no public access from 16th Street. In recent discussions regarding preliminary site plans with representatives of the Newport Harbor Lutheran Church, concerns have. been expressed regarding how the proposed access and parking for both -the passive and active parks might adversely affect the church. This is an issue of concern to staff as well, and it must be resolved either prior to or concurrent with the approval of the subsequent Site Plan Review and Tentative Tract Map. Staff is continuing to work with the applicant and the church in an attempt to resolve these concerns. Fr,, ' 1 1 it ' 1 y�l lil \ I 1 �l Ali/lal i ' i_l I11 These two sites are separated by John Wayne Gulch and are proposed to be combined into a single planned community with a total of 89.2 acres. The 77.2-acre Newporter North site has a General Plan designation for 212 residential units. The General Plan designates the Newporter Knoll site as open space. The proposed PC regulations would allow 212 units on 30.0 acres of the Newporter North site, with a 4.0-acre view park and 43.2 acres for open 0.0093 TO: Planning Commission -14 space and future road right-of-way. Allowable building types would include single-family detached, townhomes, condominiums, apartments, and ancillary recreailonal uses. The 120- acre Newporter Knoll site would be designated passive open space in the PC regulations. Some of the proposed key development standards are summarized below. Max. building height Min. setbacks Street Garage Side Rear fr =1 32 feet 35 feet (major) / 10 feet 040TOa)) 5-9 feet or 19 feet 5 feet / 0 (if 10 feet batwom buildings) 10 feet Blufftop setbacks: The proposed PC regulations submitted by The Irvine Compaq contain the same provision that would allow encroachment of manufacriued slopes into blufftop setback areas, as well as the allowable increase in pad elevations discussed previously for the Upper Castaways property. The same analysis would apply to this property. Biological imoaM The land use plan contained in the proposed PC regulations anticipates an access road at the Santa Barbara Drive extension that would result in the loss of a 0.1- acre portion of a small wetland area. This impact would be mitigated by a proposed requirement that any loss of wetlands bo replaced in consultation with the pepprGment of Fish and Game and the Army Corps of Engineers, therefore $00 has no objq#Qn to the proposed plan. Another impact that could result from this project is the potential loss of coyote donning and foraging area and the adverse secondary effect this could have upon the ecological balance between coyotes, smaller predators such as foxes and feral cats, and sensitive bird species. At this time, the probability of coyotes being eliminated from this area ,cannot be determined. The San Diego Creek South site is a portion of the North Ford PC, and is currently designated for office development in the PC regulations. The property is Allocated a maximum of 300 multi -family residential units in the General Plan, however. The proposed PC amendment would redesignate this 21-acre property from office to Multi-FAmily Residential with a maximum of 300 units, and 2.4 acres of open space. Some of the proposed key development standards are summarized below. 00094 TO: Planning Commission - 15 Max. building height 35 feet Min. setbacks Street 25 feet (Jamboree) 20 feet (University Drive South) 15 feet (collector streets) 5 feet (private streets) Other 5 feet with 8 feet between buildings Amendment 767, Bavview Landing This site, with a total of 16.1 acres, is presently designated for either 10,000 square feet of restaurant use or a 40,000-square-foot health club on the lower 5.0-acre portion with the upper 11.1 acres restricted to open space according to the General Plan. The current zoning designation for this property is Unclassified. The proposed project includes the redesignation of the site to PC and the adoption of Planned Community regulations in conformance with the General Plan designation. Specific site development standards would be determined as part of the Use Permit process. Is�.us� Park alternative: As alluded to previously, one of the project alternatives under consideration includes the transfer of development entitlement from this site to Newport Center/Fashion Island in the form of 30,000 square feet of retail use, and the development of a 5-acre active park with unlighted playing fields and related facilities on the lower portion of Bayview Landing. Senior citizen housiue alternative: This alternative (Alternative 5c in the Draft EIR) would also transfer development entitlement from this site to Newport Center/Fashion Island in the form of 30,000 square feet of retail use, to be replaced with entitlement for 120 senior citizen housing units. If this alternative were selected, it would be necessary to initiate a General Plan amendment to redesignate the site accordingly. • ' Amendment 768: San Diego Creek North and Jamboree/MacArthur San Diego Creek North: This 14.7-acre parcel is designated for 112,000 square feet of office space in the General Plan, with a 2.5-acre reservation for a fire station. The current zoning designation is Unclassified. The Irvine Company proposes to dedicate the property to the City for public facilities and open space uses. Adoption of a new Planned Community (including the Jamboree/MacArthur site) is proposed with public facilities and open space the only allowable uses. Permitted uses in the lower.portion of the site (Area 1) would include preservation, wetland and habitat restoration, and ecological or agricultural research. Allowable uses proposed 00095 TO: Planning Commission -16 for the upper portion of the site (Area 2) include active and passive public;Qareation, biotic gardens, ecological or agricultural research, and public facilities such as roads, utilities, drainage and flood control facilities, park and ride facilities, a fire station, and fuel modification zones. mbor i ;firth ur• This site occupies 4.7 acres and is currently designated for 50,000 square feet of office use in the General Plan. The oAsting zoning is Unclassified. The Irvine Company proposes to dedicate this parcel to the City for public facility and open space uses, and eliminate all office entitlement. The property would be included with the San Diego Creek North site in a single Planned Community, Allowable uses would be similar to those described for San Diego .Creek Nook. Amendment 70, Block BW Block 500, within Newport •Center, is a 6.4-acre site that is anrently designated for 245 multi -family units in the GeneralPlan. The proposed plamgpd community regulations would allow a maximum of 245 apartments, condominiums, or senior citizenhousing with ancillary skilled nursing areas and recreation facilities. As provided by the General Plan, senior citizen housing developments exceeding -the established dwelling unit limit may be •approved with a finding that the project :Is of particular benefit to .the city .and the traffic generated by the project is no greater than the predominant use allowed in the area. Staff suggests that a provision be added to tine proposed PC regulations requiring approval of .a use permit if a senior citizen project. The use permit process would provide the mechanism for staff and the Planning Commission to determine whether the required findings could be made. Specific site development standards would be determined through the site plan review process. Amendment 770• Corporate Plena West The 12.1-acre Corporate Plaza West property in Newport Center has a General Plan designation for an additional 94,000 square feet of office development on the remaining undeveloped 9.0-acre portion of the•site. The existing development consists of 4000 square feet of office space plus landscaping on 3.1 acres. The proposed PC regulations would allow a variety of office and commercial uses consistent with the 94,WO�square-foot General Plan entitlement. No specific open space designation is proposed for this project. Some of the proposed key development standards are summarized below. Max. building height g2 feet, not to exceed sight plane Min, setbacks Street 45 feet (Newport Center Drive) 30 feet (Coast Highway, Clubhouse Dr.) 0 0 0 9 0 25 feet (internal streets/parking lots) • .j TO: Planning Commission -17 This 23.9-acre property is currently zoned Unclassified, and has a General Plan designation for an additional 68 hotel rooms. The proposed action would' provide entitlement for these additional rooms subject to approval of a use permit. A maximum of 479 hotel rooms would be permitted, with' no specific requirement for open space. If the Commission is prepared to take action on the proposed project, the following issues for resolution have been identified by staff: Circulation Improvement and Open Space Agreement: 1. Should The Irvine Company be allowed to use the restored top of slope as the point of beginning for the measurement of property and building setback lines if the erosional swales on Castaways and Newporter North are restored by TIC? 2. Is the additional dedication of the remainder of Newport Village in combination with exchange of the southerly portion of San Diego Creek North for ultimate dedication to the TCA acceptable? Castaways: 3. Shall there be an active park on Castaways? Castaways/Newporter North: 4. Shall TIC be allowed to encroach 20 feet into the 40 foot bluff top property line setback area with a manufactured slope? a. If yes, shall the maximum slope be 2:1 or 4:1? Bayview Landing: 5. What shall be the permitted land use be on the lower portion of Bayview Landing? a. Restaurant/Athletic Club b. Senior Citizen housing with transfer of retail to Fashion Island C. Active Park with transfer of retail to Fashion Island Block 800 - Newport Center: 6. Shall the potential senior citizen housing be subject to the review and approval of a Use Permit? O0OS1 0 '0 TO. Planning Commission -18 If, at the conclusion of the above determinations, the Planning Commissioa desires to recommend approval of the project, findings and conditions for approval are attacbod as Eabibit "A". Facbibit "W provides Findings for denial, it on the basis of testimony received, the Commission squires additional InAarmatton from staff:, the areas for additional information should be, IdontlOod, along with areas for subsequent straw vote, and the public hearing continued to the meeting of Jtaly 9,1994 PLANNING DEPARTMENT JAMES D. UMCNER, Director By. '&'r 1 Patricia L Temple Advance Planning Manager 1. Exhibit "A" 2. Exhibit "B" 3. Draft Circulation and Open Space Development Agreement 4. Planned Community Texts 5. Draft Environmental Impact Report and Technical Appendices (previously distributed) OM)6 TO: Planning Commission - 19. FINDINGS ,AND CONDITIONS FOR APPROVAL ENVIRONMENTAL IMPACT REPORT NO. 148 DEVELOPMENT AGREEMENT NO.6 TRAFFIC STUDY NO.82 AMENDMENT NO.763 AMENDMENT NO.764 AMENDMENT NO.765 AMENDMENT NO. 766 AMENDMENT NO.767 AMENDMENT NO.768 AMENDMENT NO.769 AMENDMENT NO: 770 rim MTTqa Findings. 1. That a Program Environmental Impact Report has been prepared for the project in' compliance -with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and CityPolicy. 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance, except in the areas of Aesthetics/Light and Glare, Biology, and Public Services and Utilities, and that the remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project.. MitiEation Measures: Aesthetics/Light and Glare 1. In conjunction with site plan review, the project proponent shall prepare•a detailed temporary grading and landscape plan for the bluff top setback area for the purpose of minimizing bluff erosion. If graded slopes from a development area extend into 00099 0 TO: Planning Commission - 20. the bluff top setback area, as proposed by the PC Text, the project proponent shall prepare detailed final grading and landscape plans for the bluff top setback area. The plan shall be reviewed and approved by the Parks, Beaches and Recreation Department, Planning Department, Public Works Department, and Building Department. TranipQrtationICIrculation 2. The City shall prepare a circulation improvement monitoring program to direct expenditures of funds received under the Development Agreement to make improvements and to monitor the status of those improvements. The list of improvements to be implemented shall initially be based on those identified on Table V, with prioritization established based on technical need and ability to implement them in a timely manner. Flexibility to add or delete projects on the list should be maintained to respond to actual changes in traffic volumes and the ability of the City to accomplish improvements so long as the projected Net Benefit to the circulation system is maintained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the City's annual Congestion Management Program and Growth Management Program analysis and the annual review of the Development Agreement. 3. The applicant or successor in interest shall construct or post bond for all frontage improvements identified in the Development Agreement and listed in Table B of the Program EIR. 4. All grading related to the project shall be conducted in accordance with SCAQMD Rule 403. This mitigation measure shall be made a condition of all grading permits related to the project. 5. After clearing, grading, earth moving, or excavation operations while construction activities are being conducted, fugitive dust emission shall be controlled using the following procedures: • Graded sections of the project that will not be further disturbed or worked on for long periods of time (three months or more) shall be seeded and watered or covered with plastic sheeting to retard wind erosion. • Graded sections of the project which are undergoing further disturbance or construction activities shall be sufficiently watered to prevent excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. 00100 TO: Planning Commission - 21. 6. During grading and construction activities, the applicant shall further control fugitive dust emissions using the following measures: • On -site vehicle speeds on unpaved roads shall be limited to 15 miles per hour. Entrances to all on -site roads shall be posted with a sign indicating the maximum speed limits on all unpaved roads. • All areas with vehicle traffic shall be periodically watered. • Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent accumulations of excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. 7. Office and commercial development on the Corporate Plaza West and Bay View Landing site shall also participate in the Centerride program currently in operation in the Newport Center area. Evidence of intent to participate shall be provided to the City of Newport Beach Building Department prior to issuance of occupancy permit. 8. Bicycle racks shall be required in accordance with the City of Newport Beach Transportation Demand Ordinance. 9. Construction of related frontage improvements shall include bus turnouts and shelters if determined to be necessary and desirable by the Orange County Transit District and/or the City of Newport Beach. Prior to final design and construction of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine if any bus turnouts or shelters will be required. 10. All development shall include street and security lighting (in parking lots and pedestrian walkway areas) which is energy conserving. A lighting plan shall be submitted for all development which demonstrates ,compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works. 11. Residential, commercial and office development shall be landscaped with an emphasis on drought resistant plant species which will shade buildings and reduce water and energy consumption during the summer. A landscape plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works prior to issuance of an occupancy permit. 0010, TO: Planning Commission - 22. 12. The applicant shall ensure that all residential lots and dwellings are sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms. Evidence shall be prepared under the supervision of a City certified acoustical consultant which demonstrates that these standards will be satisfied in a manner consistent with applicable zoning regulations and submitted as follows: A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the City's Advance Planning Manager for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Advance Planning Manager for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the projects plot plan illustrating height, location and construction in a manner meeting the approval of the City's Advance Planning Manager. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations may be required by the Planning Director to verify compliance with STC and IIC design standards. 13. All non-residential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element. Prior to the issuance of any building permits, evidence shall be prepared under the supervision of a City certified acoustical consultant that these standards will be satisfied and shall be submitted to the Manager, Advance Planning in the form of an 00102 TO: Planning Commission - 23. Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. 14. All freestanding acoustical barriers shall be a berm, wall or combination berm and wall. Walls shall not contain holes or gaps. Walls shall be constructed of slumpstone or other masonry material. Final acoustical barrier heights and locations shall be determined when final grading plans are developed showing lot locations, house/building setbacks and precise pad elevation. , Biological Resour 15. Pursuant to Section 1601-1603 of the State of California Fish and Game Code, the California Department of Fish and Game shall be notified of any alterations to streambed habitats. The applicant or any successors in interest shall be responsible for notifying the Department of Fish and Game regarding any grading related to residential development and associated improvements on the San Diego Creek South, Upper Castaways, Newporter North, and Freeway Reservation sites which would alter streambed habitats. The applicant or any successor in interest shall notify the Department of Fish and Game and obtain any necessary permit prior to the issuance of a grading permit. Copies of proper notification and necessary permits shall be provided to the City of Newport Beach prior to issuance of a grading permit. The City of Newport Beach shall be responsible for notifying the Department of Fish and Game regarding any grading related to any public improvements (e.g. trails, recreational facilities, roads, drainage facilities, etc.) in areas designated for open space, public facilities, and/or parks which would alter streambed habitats. The City of Newport Beach shall notify the Department of Fish and Game and obtain any necessary permits prior to commencement of any grading which could alter the streambed habitat. The permits issued by the Department of Fish and Game pursuant to Sections 1601-1603 may require additional mitigation measures deemed necessary by the Department. 16. Wetland delineation studies in accordance and conjunction with the California Department of Fish and Game and U.S. Army Corps of Engineers permitting processes shall be performed for any wetland which will be impacted by grading and construction activities. The applicant or any successor in interest shall be responsible for conducting the wetland delineation studies for wetlands impacted by residential development or associated improvements on the Newporter North and Upper Castaways sites. If residential development or associated improvements on the San Diego Creek South or Freeway Reservation sites encroach into the Bonita Creek wetland, the applicant or any successor in interest shall be responsible for conducting 00103 0 0 TO: Planning Commission - 24. the wetland delineation study. The City of Newport Beach shall be responsible for conducting the wetland delineation studies for wetlands impacted by any public improvements/facilities in areas designated for open space, public facilities, and/or parks which will encroach into wetlands. The studies shall occur at the time specific site plans and grading plans are available and prior to issuance of any grading permits or commencement of grading activities in areas containing wetland habitat. 17. Public use and related facility development for areas proposed for natural open space and passive park uses within the Upper Castaways, Newporter North, Newporter Knoll, Bay View Landing, Freeway Reservation, and Jamboree/MacArthur sites shall be designed to be sensitive to existing biological resources. To this end, facility plans and public uses for these areas shall be prepared in consultation with a qualified biologist who shall determine that such plans and uses do not adversely impact sensitive resources identified on these sites (e.g. wetlands, coastal sage scrub, etc.). If necessary, additional environmental documentation shall be prepared at the time facility plans are prepared to determine if significant adverse impacts beyond those anticipated in this Program EIR will occur. If new significant adverse impacts are identified, additional mitigation measures shall be adopted. 18. Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South, Bay View Landing, and Newporter North sites shall be restricted as follows: Upper Castaways and Newporter North - No grading (except that necessary for trail establishment and improvements, erosion control or bluff stabilization), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place below the existing 60 foot elevation contour surrounding the John Wayne Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation of equipment shall encroach into the hillside above the 25-foot contour of the lower development area. 19. Prior to grading and/or constructing any public facility on the San Diego Creek North site which will encroach into the on -site freshwater marsh, the City of Newport Beach (or other public agency responsible for development of the public facility) shall approve and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an 00t04- TO: Planning Commission - 25. existing freshwater marsh in or near the San Diego Creek and Upper Newport Bay Ecological Reserve. 20. Prior to grading and/or constructing any residential development or associated improvement on the Upper Castaways site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. 21. Prior to grading and/or constructing any, residential development or associated improvement on the Newporter North site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a planwhich shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. 22. Development on the San Diego Creek South site shall be designed so as to reduce the amount of light and glare which could potentially spill over into the wetland habitats of Bonita Creek and San Diego Creek. This can be achieved by a variety of means including a combination of sensitive siting of lighted buildings; use of lighting systems which conceal the light source and minimize light spillage and glare; screening walls/berms; and dense landscaping along the edge of the development. Any landscaped edge screening shall include non-invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense, evergreen species which, when mixed, achieve canopy and understory of elements to provide as much screening as possible. The site plan and landscape plan for this edge shall be prepared in consultation with a City -approved, qualified biologist. The site plan and landscape plan shall be approved by the City Planning Department prior to issuance of building permits. 23. Prior to commencing grading, all wetlands habitat in areas intended for preservation shall be temporarily fenced. This measure shall pertain only when grading, stock- piling, or other construction activities are proposed within 100 feet of the boundaries 00105 TO: Planning Commission - 26. of the wetland area. A plan identifying the wetland area and the location of the fencing shall be submitted to the City of Newport Beach prior to issuance of any grading permit. 24. This measure shall apply to the Newporter North, Newporter Knoll, Bay View Landing, Upper Castaways, San Diego Creek South and San Diego Creek North sites. Revegetation of cut and fill slopes, bluff stabilization/remediation areas, fuel modification zones and other graded areas adjacent to existing sensitive habitat areas (e.g. at the edge of development of residential, public facilities, or recreational areas) shall be accomplished with plant palettes containing predominantly native species. Steeper slopes (greater than 2:1) shall be revegetated with a mixture of coastal sage scrub species including California sage brush which now dominates coastal sage scrub used by California gnatcatchers. Portions of more level areas shall be revegetated with species of native perennial grasses in an attempt to establish native grassland. An expert in landscape revegetation, who is knowledgeable and qualified in native plant mixtures shall provide consultation into the preparation of landscape plans to ensure that this measure is complied with. Landscape plans shall be approved by the City Planning Department prior to issuance of building permits for private development or commencement of grading for public facilities and public recreation- al uses. 25. All non -emergency grading related to bluff stabilization/remediation on the Newporter North and Bay View Landing sites shall occur during the non -breeding season for the California gnatcatcher. The non -breeding season is from August 1 to January 31. Faulting and Seismicity 26. Buildings four stories in height or higher shall be designed in accordance with requirements for seismic zone 4 as outlined in Chapter 23 of the Uniform Building Code and/or with the benefit of a site specific seismic ground response spectrum study which would be prepared by the project geotechnical consultant and structural engineer to allow matching of building period with site period. The structural plans and/or ground response study shall be completed to the satisfaction of the Building Department prior to issuance of a building permit. 27. Buildings less than four stories in height shall be designed by a Structural Engineer in accordance with UBC Chapter 23 requirements for Seismic Zone 4. Non -critical structures shall be designed to withstand strong ground shaking that may accompany a maximum probable earthquake along the Newport -Inglewood Fault. Critical 00106 TO: Planning Commission - 27. structures (i.e., hospitals, fire/police facilities, schools, etc.) shall be designed to withstand strong ground shaking associated with a maximum credible earthquake on the Newport -Inglewood Fault. Structural plans, including seismic design calcula- tions/parameters, shall be approved by the City Building Department prior to issuance of building permits. 28. Habitable buildings shall not be placed adjacent to (above or below) slopes or bluffs where seismic induced slope or bluff failure could occur. Though the City has established a Bluff Setback Criteria for development on the top -of -bluff (Develop- ment Policy D.2.b.1 of the Newport Beach General Plan, January 21, 1991, and Newport Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability during an earthquake. Areas potentially prone to such failures shall be identified and further evaluated by the project Geotechnical Consultant during the Tentative Tract Map review and Grading Plan review stage. The evaluation shall be prepared to the satisfaction of the Building Department prior to the issuance of grading permits. Grading and building plans shall reflect the recommendations of the evaluation to the satisfaction of the Building Department. 29. In accordance with the Alquist-Priolo Special Studies Zone Act, a Registered Geologist shall further evaluate and make recommendations regarding the potential for ground surface rupture effecting proposed development on -sites where "Potentially Active Faults" have been identified (Bay View Landing and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the future. The study shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to approval of a tentative tract map or grading permit whichever comes first. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Liquefaction 30. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill surcharging or other appropriate measures. The' Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building 00107 11 TO: Planning Commission - 28. Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Erosion 31. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. 32. All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the City Grading Engineer prior to the issuance of occupancy permits. 33. Berms and brow ditches shall be constructed to the satisfaction and approval of the City Grading Engineer. Water shall not be allowed to drain over any manufactured slope face. Top -of -slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the City Grading Engineer prior to issuance of grading permits. 34. Prior to the issuance of grading permits, appropriate artificial substances shall be recommended by the project landscape architect and approved by the City Grading Engineer for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas sball be covered with artificial substances approved by the City Grading Engineer. 35. Drainage of both surface and subsurface water over or toward the bluffs on the Upper Castaways and Newporter North sites shall be minimized. Though some drainage of rainwater over the bluff face cannot be avoided, drainage control devices shall be designed to direct excess water from site Improvements away from the bluff face. Irrigation shall be controlled to prevent excessive infiltration into the subsurface. The project Civil Engineer shall design grading plans to minimize surface runoff over the bluff faces. The project Geotechnical Consultant shall provide recommendations to minimize subsurface water migration toward the bluff faces prior to approval of Tentative Tract maps or site plans. All design criteria for the 00108 TO: Planning Commission - 29. control of surficial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Bluff and Slope Instability 36. The project geotechnical consultant shall review the tentative tract map and grading plan for each site and prepare a report addressing all salient geotechnical issues related to bluff and slope stability of any existing bluff or slopes. These reports shall include:1) detailed analysis of field data including surface and subsurface geological mapping; 2) laboratory testing results; 3) stability analysis of existing bluffs and proposed slopes as illustrated on the tentative tract map or rough grading plan; 4) conclusions; 5) recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. 37. Prior to the issuance of grading permits, the Project geotechnical consultant and/or civil engineer shall make written recommendations for manufactured slope stabilization including, but not limited to, buttressing, rock bolting, grouting, slope gradient laybacks, or retaining wails. All necessary recommendations shall be included in the grading plan to the satisfaction of the City Grading Engineer. 38. Though the City has established a Bluff Setback Criteria for development on the top - of -bluff (Development Policy D.2.b.1 of the Newport Beach General Plan, January 21,1991, and Newport Beach Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff/slope instability. Prior to issuance of grading permits, appropriate safe bluff top setback recommendations shall be determined by the project Geotechnical Consultant based on the evaluation required by Mitigation Measure 3 to the satisfaction of the City Grading Engineer. 39. During grading a geotechnical consultant shall monitor grading operations to ensure that recommendations for slope instability mitigation are implemented. Additionally, the geotechnical consultant shall evaluate slopes as they are graded through geologic mapping and analysis to ensure that no unanticipated conditions are present. Slope stability mitigation recommendations may require modification during grading. Compliance with this measure shall be verified by the Building Department. 40. Prior to issuance of building permits, the geotechnical consultant shall prepare a Rough Grading Report and As -Graded Geotechnical Map for each graded site at the completion of grading of that site. The Report shall summarize and document 00109 TO: Planning Commission - 30. compliance with all mitigation measures. The Rough Grading Report shall include a statement regarding the adequacy of the manufactured slopes for their intended use and a statement regarding the adequacy of the recommended bluff setbacks. The report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be approved by the City Grading Engineer. Compressible/Collapsible Soil 41. Prior to the issuance of grading permits, written recommendations for the mitigation of compressible/collapsible soil potential for each site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recom- mendations shall be incorporated as conditions of approval for the site -specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the City Grading Engineer. Expansive/Corrosive Soil 42. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. Near Surface Groundwater 43. The project geotechnical consultant and/or civil engineer shall prepare written site - specific reviews of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near -surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on existing or future bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the sites and properties adjacent to the sites if dewatering is recommended. The geotechnical 00110 TO: Planning Commission - 31. consultant and/or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. Water Quality 44. Prior to the issuance of grading permits, the applicant shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. 45. Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the City Grading Engineer and Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Air -borne and vehicle -borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils; and the moistening of vehicles loads. C. As approved material such as rip rap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrated runoff. d. During the period of construction activity, existing vegetation which will be retained on -site shall be protected from traffic by the use of fences. If appropriate, buffer strips or vegetative filter strips, such as tall stands of grass, can be used as an alternative and/or supplementary method to protect against sediment buildup. 46. Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or swales) located at disturbed areas or graded right-of-ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. 00111 9 TO: Planning Commission - 32. 47. The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the entrance, and its length shall be no less than fifty feet. The entrance plans shall be reviewed and approved by the City Engineer and Grading Engineer concurrent with review and approval of grading plans. 48. The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right-of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. 49. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the City Grading Engineer. Drainage Patterns 50. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain facilities shall be approved by the City Engineer. Any systems shown to be - required by the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving Agency. Archaeology ALL PROD= SUES 51. All sites shall be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant shall select a City -approved qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be 00112 TO: Planning Commission - 33. submitted to the Planning Department within 90 days of the completed data recovery program. 52. The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project, to a local institution which has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. 53. Any excavation of a site located within the Coastal zone of more than two surface meters of dirt shall require a coastal development permit prior to commencing the excavation. All provisions of the California Coastal Commission guidelines shall be complied with. UPPER CASTAWAYS 54. Prior to any grading related to development of the bluff trail system, open space uses or bluff stabilization which could impact CA-Ora-49 and CA-Ora-186 on the Upper Castaways site, the sites shall be subjected to test excavations by a City approved archaeologist (experienced in both historic and pre -historic archaeology) to determine site integrity, extent and significance. The methodology of the test excavation shall reflect the recommendations contained in the Cultural Resources report prepared for this Program EIR. A report shall be prepared detailing all findings and recommen- dations and submitted to the Planning Department within 90 days of completing test excavations. BAY VIEW LANDING 55. Prior to issuance of a grading permit, CA-Ora-1098 shall be surface collected and subjected to test excavations by a City approved archaeologist to determine site integrity, extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. 56. Prior to grading for the new park, the project sponsor shall retain a City approved archaeologist to conduct a surface collection and subsurface test excavation of CA- Ora-66 to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. 00113 TO: Planning Commission - 34. 57. Prior to grading for the view park, the project sponsor shall retain a City approved archaeologist to place a test unit on top of the knoll on the Bay View Landing site in the area containing shell scatter, to determine if the shell is representative of a subsurface archaeological deposit. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the test excavation. NEWORMNORTH 58. Prior to the use or development of the open space areas for passive recreational uses, CA Ora-51 and CA-Ora-518 on the Newporter North site shall be surface collected and subjected to test excavations to determine site extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. 59. Prior to the issuance of a grading permit, the applicant shall conduct a surface collection of the eastern extension of CA Ora-100 which would be impacted by grading and/or development of residential uses. The surface collection shall be conducted by a city approved archaeologist. A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of completing the surface collection. 60. Prior to the issuance of grading permits, the applicant shall conduct a data recovery of program CA Ora-64 on the Newporter North site. The program shall be conducted by a City approved archaeologist. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the data recovery program. 61. Prior to issuance of a grading permit for residential development or any bluff stabilization, a qualified archaeologist shall review grading and drainage plans to determine if there are any indirect or direct impacts to CA-Ora-51, 52 and 518. If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. ITMJ 1L. ' ' ii 62. Prior to any grading or use of the site, the City shall conduct a surface collection of archaeological material present on the top of the hill of the Newporter Knoll, with test units placed on the hill to determine site significance and boundaries. One unit shall be placed in the recorded area of CA-Ora-50 to determine if a portion of the site still exists. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing surface collection test excavation. 00114 TO: Planning Commission - 35. stock 8M 63. Prior to the issuance of a grading permit a qualified City approved archaeologist shall conduct a surface collection of CA-Ora-136 on the Block 800 site and subject the site to test excavations to determine site extent and significance. A test unit shall also be placed in the northern portions of the parcel to determine if a sub -surface midden is under the asphalt and trash. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. CORPORATE PL47A WEST 64. Prior to the issuance of a grading permit, a City approved qualified archaeologist shall dig post holes in the areas containing surface shell on the Corporate Plaza West site to determine if the shell represents sub -surface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing sub -surface testing. 65. Prior to the issuance of grading permit, the surface near the southern section of the property shall be examined by a City approved qualified archaeologist after removal of brush and prior to any ground disturbance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. FREEWAY PMERVA11ON 66. Prior to issuance of a grading permit for the northern development area (Lot 2), a City approved qualified archaeologist shall examine the surface of areas previously identified as CA Ora-216. The examination shall be conducted after removal of brush but prior to grading. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. Paleontology 67. Prior to the issuance of grading permits, a collection plan shall be prepared and implemented by a City approved, qualified paleontological monitor for known exposed fossil localities on Bay View Landing, Newporter North, and Upper Castaways. Because of the small nature of some fossils present in these rock units, matrix samples shall be collected for processing through fine mesh screens. The collection plan shall be reviewed and approved by the Planning Department. 00115 0 0 TO: Planning Commission - 36. 68. Prior to the issuance of grading permits, the applicant shall make provisions for the preparation and curation of all fossils possibly recovered from the sites during grading. This shall be done in a manner approved by the City's Planning Depart- ment. 69. Prior to the issuance of grading permits, the applicant shall identify a repository approved by the City's Planning Department which shall receive all fossils collected from the sites. 70. Cliff faces along Upper Newport Bay that have served as a reference section for micro -paleontological studies should be protected from alteration. If bluffs along Newport Bay need to be altered for bluff stabilization purposes, detailed measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of these efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the comparative study and sampling. A report shall be submitted to the Planning Department within 90 days. Law Enforcement 71. The project proponent shall work in conjunction with the City of Newport Beach Police Department to ensure that crime prevention features are included in building design and construction. The City of Newport Beach Police Department shall review all site plans and access plans. Water 72, Prior to issuance of grading permits for the development sites, the applicant shall be responsible for preparation of a Master Plan of Utilities. The Master Plan of Utilities will determine any necessary expansion of facilities and/or any modifica- tions, upgrades or extensions to the existing water systems resulting from this project. All necessary expansions of facilities and/or upgrades or extensions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. Wastewater 73. Prior to issuance of grading permits, the developer will provide a Master Plan of Utilities facilities for the on -site development in order to determine the exact necessary modifications or extensions to the existing sewer systems, if needed. All necessary expansions of facilities and/or upgrades or extensions of existing water 0 TO: Planning Commission - 37. systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The Plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. S 1• 7- =7 i F.T-W7777-TITK� 1. That the Development Agreement is in compliance with California Government Code Section 65864 et seq. and Newport Beach Municipal Code Chapter 15.45. 2. That adoption of the Development Agreement would not preclude the City from conducting future discretionary reviews in connection with the project, nor would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. Condition: 1. Once every 12 months from the date of execution of the Development Agreement, the project proponent or his successor in interest shall prepare and submit for review by the City Councila report demonstrating compliance with the terms of the Agreement, as required by Section 15.45.070 of the Newport Beach Municipal Code. C. Traffic Study No. 82 Findines. 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the project is a comprehensive phased land use development and circulation system improvement plan with construction of all phases not anticipated to be completed within 60 months of project approval. 3. That the project is the subject of a development agreement which requires the construction of major improvements early in the development program. 001I7 TO. Planning Commission - 38. 4. That the Land Use and Circulation Elements of the Newport Beach General Plan are not made inconsistent by the impact of traffic generated by the project in that the project proposed eliminates certain planned and anticipated development through the dedication of certain sites for permanent open space, and the other development sites are to be developed consistent with or less than that allowed by the General Plan. 5. That an unsatisfactory level of service will not be caused or made worse at any intersection for which there is an identified improvement. 6. That the benefits to the circulation system resulting from the major improvements substantially outweigh the increased traffic at impacted but unimproved intersections. 7. That there is an overall reduction in ICU at impacted intersections, taking into account peak hour traffic volumes at those intersections, and that the reduction is caused by the improvements associated with the project. 1. That the Irvine Company shall make available to the City the monies specified for circulation system improvements consistent with the provisions of Development Agreement No. 6. 2. That the City of Newport Beach shall utilize the monies provided by The Irvine Company to construct in as timely manner as possible major circulation system improvements. These improvements shall be designed to insure that the anticipated overall improvement in ICU anticipated in the traffic study is achieved. Adopt Resolution No. recommending City Council approval of Amendment No. 763. Adopt Resolution No. recommending City Council approval of Amendment No. 764. Adopt Resolution No. recommending City Council approval of Amendment No. 765. 0011 �9 TO: Planning Commission - 39. Adopt Resolution No. recommending City Council approval of Amendment No. 766. Adopt Resolution No. recommending City Council approval of Amendment No. 767. Adopt Resolution No. recommending City Council approval of Amendment No. 768. 7. Amendment No. 769 Adopt Resolution No. recommending City Council approval of Amendment No. 769. Adopt Resolution No. recommending City Council approval of Amendment No. 770. PLT. \PC�DA\DA6.F&C 00119 0 TO: Planning Commission - 40.' FINDINGS FOR DENIAL DEVELOPMENT AGREEMENT NO.6 TRAFFIC STUDY NO.82 AMENDMENT NO.763 AMENDMENT NO.764 AMENDMENT NO.76S AMENDMENT NO.766 AMENDMENT NO.767 AMENDMENT NO.768 AMENDMENT NO: 769 AMENDMENT NO.770 ENVIRONMENTAL IMPACT REPORT NO.148 1. That the proposed development agreement is not in the best interest of the City in that the entitlements requested are not substantially outweighed by the public benefits defined in the agreement. B. Traffic Study No. 82, Finding: 1. That a Traffic Study is not necessary for a project which is denied. C. Amendments No. 763, 764,, 765, 766, 767, 7680 769, & 770, Findings: 1. That the adoption of the proposed development standards is premature since insufficient details regarding the proposed development are known at this time. 2. That certain of the proposed projects will have adverse effects on wetland and coastal sage scrub habitats. D. Environmental Impactj eepnrt No. 148. Finding: 1. That an environmental document is not necessary for a project which is denied. rtm..\P0,AMDM763.7MME y 001 �o RESOLUTION �i0. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL ADOPTION OF PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE NEWPORTER NORTH/NEWPORTER KNOLL PLANNED COMMUNITY (PLANNING COMMISSION AMENDMENT NO. 765) WHEREAS, as part of the development and implementation• of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned. Community zoning for properties within the City of Newport Beach; and WHEREAS, implementation of the project will preserve and increase public open space; and WHEREAS, the proposed Planned Community District Regulations are consistent with the Newport Beach General Plan; and WHEREAS, the proposed project meets the criteria of the Traffic Phasing Ordinance; and WHEREAS, an Environmental Impact Report has been prepared for the project consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, and the information contained therein has been considered by the Planning Commission in malting its recommendation to the City Council. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of tie City of Newport Beach does hereby recommend to the City Council adoption of the v14ia,. Newporter North/Newporter Knoll Planned Community District Regulations and Develop- ment Plan as attached hereon as Exhibit 1. ADOPTED this — day of 19929 by the following vote, to wit: 001 ABSENT BY Gary L Di Sano, CHAIRMAN BY Norma Glover, SECRETARY Attachment: Exhibit 1 PLT:..PC%AMM765.RS1 ;,.�• ._ v CITY OF NEWPORT UK! CODICIL MEMBERS July 27, 1992 ROLL CfILL 18. HARBOR PERMIT APPLICATION 162-1 - Uphold staff's recommendation to approve, subject to conditions in the staff report, request by Shull Bonsall and the Bay Island Homeowner's Association to revise the residential float bayward of #1 Bay Island. [Report from the Marina Department] 19. SPECIAL EVENTS APPLICATION - Uphold staff's recommendation to approve application No. 92-238, Orange County Building Association for fundraising event to benefit the homeless, Sunday, November 8, 1992, for 5K and 10K runs in Fashion Island, subject to conditions in the staff report. [Report from the Revenue Manager, Finance Department] ITEMS REMOVED FROM THE CONSENT CALERDAR AGENDA ITEM N0. 2. Report from the Planning Department recommending ordinances be introduced and scheduled for public hearing on August 10, 1992 concerning The Irvine Company. Motion x Upon recommendation of the staff, motion All Ayes was made to introduce and schedule for public hearing on August 24, 1992, rather than August 10, the following ordinances: (a) PROPOSED ORDINANCE NO. 92-35, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (DEVELOPMENT AGREEMENT NO. 6); AND (b) PROPOSED ORDINANCE No. 92-36, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR UPPER CASTAVAYS (Planning Commission Amendment No. 764); AND (c) PROPOSED ORDINANCE NO. 92-37, being. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS, AND DEVELOPMENT PLAN FOR NEUPORTER NORTH/NEWPORTER KNOLL (Planning Commission Amendment No. 765); AND Volume 46 - Page 240 MINUTES INDEX Harbor Permit Apl 162-1 Special Events (27) COUNCIL MEMBERS O'CITY OF NEWPORT BEAC* MINUTES fifAl Motion All Ayes x July 27, 1992 (d) PROPOSED ORDINANCE NO. 92-38, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE -ZONING THE PROPERTY COMMONLY KNOWN AS BAYVIEW LANDING FROM TSE u DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR BAYVIEV LANDING (Planning Commission Amendment No. 767); r, (a) POSED ORDINANCE NO. 92-39, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE -ZONING THE PROPERTIES COMMONLY KNOWN AS SAN DIEGO CREEK. NORTH AND JAMSOREE/NACARTHUR FRoN THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR SAN DIEGO CREEK NORTH -JAMBOREE MAC ARTHUR (Planning Commission Amendment No. 768); AND (f) PROPOSED ORDINANCE No. 92-40, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE-zoNING THE PROPERTY COM MI.T KNOWN AS CORPORATE PLAZA VEST FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR CORPORATE PLAZA WEST (Planning Commission Amendment No. 770). 12. Report from the Planning Department recommending certain items be scheduled for public hearing on August 10, 1992; and upon recommendation of the staff, motion vas made to schedule the following for public hearing on August 24, 1992, rather than August 10: A. TRAFFIC STUDY No. 82 - Request to approve a traffic study consistent with the provisions of Chapter 15,40 of the Newport Beach Municipal Code for sloven site& addressed in the Circulation Improvement and Open Space Agreement, and acceptance of an environmental document; Volume 46 - Page 241 Ord 92-38 Bayview Landing PCA 767 (94) Ord 92-39 SDiego Crk- No-Jambre MacArthr PCA 768 (94) Ord 92-40 Corp Plaza West PCA 770 (94) Trfc Stdy No. 82 (94) 1 0 City Councillteeting July 27 1992 TO: FROM: SUBJECT: Agenda Item No. CITY OF NEWPORT BEACH Mayor and Members of the City Council Planning Department A. Development Agreement No 6 (Ordinance Introduction) Request to adopt a Development Agreement for the Cirgation Improvement and Open Space Agreement for eleven sites in the City of Newport Beach. The proposal also includes the acceptance, of an environmental document. AND B. Amendment No 764 (Ordinance Introduction) Request to adopt Planned Community District Regulations and Development Plan for Upper Castaways. This request would provide for the construction of 151 dwelling units. LOCATION: Property located at 900 Dover Drive, on the southeasterly side of Dover Drive between the Westcliff Drive and West Coast Highway. ZONE: P-C I_`►1tt7 Amendment No 765 (Ordinance Introduction Request to adopt Planned Community District Regulations and Development Plan for Newporter North/Newporter Knoll. This request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll. LOCATION: Property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort. ZONE: P-C VaNkM D. Amendment No 767 (Ordinance Introduction) Request to amend a portion of Districting Map No. 37 so as to reclassify property from the I: (Unclassified) District to thej P-C TO: City Council - 2. District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. restaurant or a 40,000 sq.ft. athletic club. LOCATION: Property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. ZONE: Unclassified 0 Request to amend portions of Districting Maps No. 44 and 66 so as to reclassify property from the U (Unclassified) District to the P-C (Planned Community) District. The proposal also includes a request to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use pf the subject property. LOCATION: Property located at 3600 Jamboree Road, bounded by Jamboree Road, MacArthur Boulevard and SR 73, and property known as San Diego Creek North located at 3500 Jamboree Road, bounded by the San Diego Creek, Jamboree Road and SR 73. ZONE: Unclassified 0 Request to amend a portion of Districting Map No. 48 so as to reclassify property from the O-S (Open Space) and Unclassified Districts to the P-C District- Also requested is the adoption of Planned Community District Regulations and Development Plan for the Corporate Plaza West Planned Community. This request would allow for the construction of an additional 94,000 sq.ft. of office development (115,000 sq.ft. total). LOCATION: Property located at 1050 Newport Center Drive, on the northwesterly comer of East Coast Highway and Newport Center Drive, across1rom the Corporate Plaza Planned Community. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant TO: City Council - 3. • Applications The various applications under consideration are part of the Circulation Improvement and Open Space Agreement (CIOSA) and require the adoption of an Ordinance. Related zoning actions which are adopted by Resolution are scheduled for public hearing on this agenda (See Agenda Item L2 If approved, the CIOSA will provide vested entitlement for eight sites owned by The Irvine Company ('ITC) throughout the City of Newport Beach. Additionally, three sites currently owned by TIC will be zoned and dedicated for open} space and public facility use. Regulations regarding the adoption of Development Agreeme�is are contained in Chapter 15.45 of the Newport Beach Municipal Code. Regulations reg xding Amendments are in Chapter 20.84, and procedures for the adoption of Planned Communi- ties are in Chapter 20.51 of the Code. Suggested Action If desired, introduce Ordinance No. 92- regarding Development Agreement No. 6, Ordinance No. 92- regarding Amendment No. 764, Ordinance No. 9-2::_ regarding Amendment No. 765, Ordinance No. 92_ regarding Amendment No. 767, Ordinance No. 92- regarding Amendment No. 768 and Ordinance No, 92- regarding Amendment No. 770 and set for public hearing on August 10, 1992. Planning Commission Recommendation At its meeting of June 18, 1992, the Planning Commission voted (all ayes) to recommend approval of Development Agreement No. 6. and Amendments No. 764, 765, 767, 708 and 770 to the City Council. The Traffic Study, Amendments No. 763, 766 and 769, and the Environmental Impact Report related to this action will be brought to the City Council for consideration concurrent with these Ordinances. Copies of the staff report and an ea cerpt of the minutes of the Planning Commission meeting will be forwarded at the time of the City Council, hearing. Respectfully Submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director Patricia L. Temple Advance Planning Manager PLT:..\DA\DA6.SR1 0 ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMU- NITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR NEWPORTER NORTH/NEWPORTER KNOLL (PLANNING COMMISSION AMENDMENT NO 765) The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The subject property is thq following real property in the City of Newport Beach, County of Orange, State of California: That portion of Block 55 of Irvine's Subdivision, as recorded in Book 1, Page 88 of Miscellaneous Maps of the County of Orange. as shown in the attached Exhibit "A" and hereinafter eferred to as "Property". SECTION 2. Development of the prope'Fty, which is zoned P-C, shall be as specified in the Planned Community District Regulatii ns and Development Plan which is approved and adopted pursuant to this Ordinance, and which specifies the permitted land uses, intensity and density limits and development standards and regulations for the property as set forth in the attached Exhibit "B." SECTION 3. The Planning Director of the City of Newport Beach is hereby I instructed and directed to apply all of the provisions of said Planned Community District Regulations and Development Plan to the Property as'described herein; the same shall be in full force and effect and be a part of Title 20 of the, Newport Beach Municipal Code. SECTION 4. The Mayor shall sign and, the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City within fifteen (15) days of its adoption. Thy Ordinance shall be effective thirty days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 27th day of July 1092, and was adopted on the _ day of 1992, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK Attachments: Exhibits "A" & "B" YL71.\CC\DA�M0RD C'.2 ME-21 l 3 W u 40-rw ,, .. •y, 117 72 /RV/NE GAO A 117-71 J!l!KT�r� `` W_RS N N S i[ AC MFr EWPORT ONES As A-W < n ".� Q� vs `y1Q tar1.== �v 0* `% AS 04 RG � � r NOTE - pmm %U !LOCK d PAI[? `.MlERS 131 � OZ7 I.2lC NitC [R S.SIC 2! a Lar9 5= r�ptC ¢ r I Q.0 BAY `��' rs:K s ` e10 I� - AAZ�� - 3 - - as anEaaa] - ASSESSOR-S MAP eOOK440PAGE 13 9 0 EXHIBIT B ' NEWPORTLR NORTH PLANNED COMMUNITY DISTRICT REGULATIONS Prepared for: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Prepared by: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92658-8904 Adopted , 1992 Planned Community District Regulations for Newporter North ordinance No. adopted by the City of Newport Beach City Council on m 12/31/91 C- 5 TABLE OF CONTENTS Introduction Page No. 1 Section I General Notes 4 Section II Definitions S Section III Residential Development Standards 9 Permitted Uses 9 Site Density 9 Maximum Building Height 9 Setbacks From Major Streets 9 Setbacks 9 Coastal Bluff Setbacks 10 Streets 10 Landscaping 11 Parking 11 Fences, Hedges and Walls 12 Section IV Parks is Section V Signs 16 Section VI Site Plan Review 17 List of Figures Figure I General Site Location Figure II Land Use Plan Figure III Statistical Analysis Figure IV Bluff Setback Exhibit 2 3 7 14 12/31/91 INTRODUCTION PURPOSE The Newporter North Planned Community (P-C) District Regulations have been developed in compliance with the City of Newport Beach General Plan. This P-C has also been developed pursuant to Chapter 20.51 of the Newport Beach Municipal Code. The purpose of these District Regulations is to provide for the development of the site as a coordinated, comprehensive project. This will take advantage of the superior environment which results from community planning. Whenever the regulations contained conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these District Regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and various mechanical codes City Standards and Policies related thereto. INTENT It is the intent of this P-C District to permit the development of the Newporter North site for residential dwellings and associated uses as well as parks and environmental open space. The units will be located in close proximity to Newport Center and will provide additional housing opportunities within the City. LOCATION Newporter North is bounded by San Joaquin Hills Road to the north, John Wayne Gulch to the southwest, Jamboree Road to the east, and the Upper Newport Bay to the northwest. 1 06/10/92 C- � NEWPORTER NORTH PLANNED COMMUNITY DISTRICT=M +W�rwi+M/wwM 11919 0 6 4,+ tv ^� { tNe R 4 A �p�EE RESIDENTIAL W - y PARK OPEN SPACE/NATURAL AREAS LAND USE PLAN NEWPORTER NORTH PLANNED COMMUNITY DISTRICT NOT TO SCALE .f• 1/9/92 SECTION I S. Park dedication requirements shall be in accordance with the adopted Circulation Improvement and Open Space Agreement. Water within the Planned Community will be furnished by the City of Newport Beach. Sewage disposal facilities within the Planned Community will be provided by the City of Newport Beach and Orange County Sanitation District No. S. Prior to the issuance of any building permits, it shall be demonstrated to the satisfaction of the Public Works and Utilities Department that adequate sewer facilities will be available. Prior to the occupancy of any structure, it shall be further demonstrated that adequate sewer facilities exist. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading ordinance and shall be subject to permits issued by the Building and Planning Departments. Building pads adjacent to slope or bluff areas may be raised to an elevation not to exceed ten (10) feet above natural grade. This provision does not preclude raising pad elevations above 10 feet on interior portion of site. Development area slopes may extend a maximum of ten (10) feet outside the property line defining the development area. Manufactured slopes, if any, shall be stabilized as soon as possible to reduce erosion. If mechanical appurtenances are to be built on building rooftops, they shall be screened from street level view in a manner compatible with the building materials. 4 06/10/9 � tO r • 0 6. 7. EIP 9. ARCHAEOLOGICAL/PALEONTOLOGICAL Prior to the issuance of grading permits, the sites shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. A qualified archaeologist shall be present during pregrade meetings to inform the developer and grading contractors of the results of the study. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of the subject property until an appropriate data recovery program can be developed and implemented. The cost of such a recovery program shall be the responsibility of the landowner and/or developer. A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. BICYCLE AND PEDESTRIAN CIRCULATION The final design of public on -site pedestrian and bicycle circulation serving viewpark and coastal bluffs shall be reviewed and approved by the Public Works Department; Planning Department; and Parks, Beaches and Recreation. AFFORDABLE HOUSING Affordable housing provisions shall be consistent with City standards. Affordable housing requirements may be satisfied off -site. NOISE Detailed noise studies shall be conducted for the residential development for on -site impacts. Residential development shall comply with the standard of 45 dBA CNEL for interior noise levels and 65 dBA CNEL for outdoor living areas. Noise mitigation programs shall be based upon the recommendations of a licensed engineer practicing in acoustics and be approved by the Planning Department. 5 12/31/91 C-) I 0 0 10. 11. 12. 13. 14. STREETS Streets within the development may be either public or private. Public or private streets shall meet city standards. The Newporter North development may be a private (gate guarded) community with secured access surrounding the development. REFUSE COLLECTION AREAS a. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property from street level views. Said screening shall form a complete opaque screen and shall not interfere with site distance from streets unless otherwise approved by the City Traffic Engineer. b. Curb -side collection of refuse shall be subject to City of Newport Beach approval. TELEPHONE GAS AND ELECTRICAL SERVICE All "on -site" gas lines, electrical lines, and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties from street level views. LIGHTING Lighting systems shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the Engineer stating that, in his opinion, this requirement has been met. Lighting systems for any publicly maintained areas shall use city standard fixtures approved by the Utilities Department. FIRE ACCESS Fire equipment access shall be approved by the Fire Department. 06/10/92 i 41 FIGURE III Newporter North Type Residential View Park open Space, Natural Areas and Future Roadway Right -of -Way Total u STATISTICAL ANALYSIS 0 Acreage Area (Net) Du/Ac Du 1 30.0 7.1 212 2 4.0 0 3 55.2 0 89.2 7 0 212 12/31/91 C-13 SECTION II 1. Streets - Reference to streets within the Newporter North development shall mean either public or private streets. Design of streets shall meet City of Newport Beach standards or as specified herein. 2. Bluff - As used in this document, "bluff" is any natural landform having an average slope of 26.6 degrees (50%) or greater, with a vertical rise of twenty-five (25) feet or greater. 3.-yiMark - For purposes herein, a viewpark represents an area of natural character with provision of a pedestrian/bicycle pathway and passive viewing areas. 11 12/31/91 C,- /4 SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 1. PERMITTED USES a. Townhouses b. Condominiums C. Apartments d. Single-family detached units. e. Model homes and sales offices f. Recreational uses ancillary to residential uses. 2. SITE DENSITY Residential development area shall not exceed thirty (30) acres with allowance for 212 dwelling units. MAXIMUM BUILDING HEIGHT The maximum height of all buildings shall be thirty-two (32) feet measured in accordance with the City of Newport Beach Municipal Code and determined from the finished grade approved in the site plan review and subdivision approval. 4. SETBACKS FROM MAJOR STREETS Street Jamboree Road San Joaguin Hills Road 5. SETBACKS a. Front vard Setback from Ultimate Right -of -Way Line Minimum 35 feet to property line. Minimum 35 feet to property line. From any public or private street the minimum building setback shall be ten (10) feet from right-of-way or curb, whichever is greater. Garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. If five (5) foot setbacks are proposed at corner units or lots on curves, adequate sight distance shall be provided unless otherwise approved by the City Traffic Engineer. 9 06/10/92 G�-16 b. Side Yard Where property lines are created a minimum five (5) foot side yard setback shall be required. Architectural projections may be permitted subject to the Newport Beach Municipal Code. Zero (0) foot setback will be permitted where a minimum ten (10) feet building to building setback is provided. At side yards adjacent to streets a minimum five (5) foot setback shall be maintained. Where property lines are created a minimum of ten (10) feet rear yard setback shall be required. Structures, other than walls and fences, along the public bluff top area shall be setback a minimum distance of twenty (20) feet from property line. Architectural projections may be permitted subject to the Newport Beach Municipal Code. Decks and balconies greater than 1811 above grade may extend into the rear yard setback up to 3 feet. 6. COASTAL BLUFF SETBACKS The property line setback from the edge of a bluff shall be located no closer to the edge of the bluff than the point at which the top of the bluff is intersected by a line drawn from the solid toe of the bluff at an angle of 266 degrees to the horizontal. In no case shall a property line be located closer than forty (40) feet from the edge of a bluff or any eroded area of the bluff unless the area is restored. 7. PRIVATE STREET STANDARDS Private streets within residential development shall be a minimum of thirty-two (32) feet in width with parking allowed on one side. Through the Site Plan Review process, the following modifications to this standard may be approved: a. The minimum width may be reduced to 26 feet for access drives serving no more than 16 dwelling units. b. The minimum width may be reduced to 20 feet for access drives serving no more than 4 dwelling units. C. The minimum width may be reduced to 16 feet for access drives serving a single dwelling unit. 10 06/10/92 C �6 9. 10. 11. d. Drives of 20 or 16 feet as provided for the above shall be increased to a minimum width of 26 feet if serving a common parking area. e. Unles"s otherwise defined in this text, private streets shall be designed in compliance with the private street standards of the City of Newport Beach. PUBLIC STREETS Public streets within the Planned Community District shall conform to the current criteria as specified by the City of Newport Beach "Design Criteria for Public works Construction". SITE DISTANCE REQUIREMENTS: Residential development shall be designed to provide adequate sight distance (25 MPH), at the intersection of all private streets and drives, and along curves unless otherwise approved by the City Traffic Engineer. LANDSCAPING Project landscape concepts are intended to allow for maximization of views from residential areas. Interior greenbelt concepts are encouraged. A landscape concept plan shall be submitted as a part of site plan review and subdivision approval. PARKING Standards shall provide for: a. Condominiums and Townhomes Dwelling units less than or equal to 1500 square feet shall provide a minimum of 2 parking spaces per unit, including one covered space. In addition, guest parking shall be provided at a minimum rate of 0.5 space per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20 feet in depth or 18 feet where roll up garage doors are provided), in a manner acceptable to the City Traffic Engineer. SO of the guest spaces may be provided on driveways. 11 06/10/92 G" ? Dwelling units greater than 1500 square feet shall provide a minimum of 2 covered spaces per unit. In addition, guest parking shall be provided at a minimum rate of one (1) space per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20 feet in depth or i8 feet where roll up garage doors are provided), in a manner acceptable to the City Traffic Engineer. Fifty percent (50%) of the guest spaces may be provided on driveways. The size of open and enclosed parking spaces and areas shall be as specified by the residential parking standards contained in the Newport Beach Municipal Ccde,with the exception that common parking areas which are not curbside shall meet the universal parking stall size of 8 1/2 feet in width by 17 feet in depth. TPONEWIr-PrN M. *VA-PrW7R=-1 A minimum of two (2) garage parking spaces shall be provided per unit. In addition, guest parking shall be provided within the development at a minimum rate of two (2) spaces per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20 feet in depth), in a manner acceptable to the City Traffic Engineer. one of the guest spaces may be provided on the driveway. : •� The project shall be designed so as to provide for adequate non -vehicular circulation from residential units to common recreation and amenity areas as well as from residential units to external parks and roadways. This circulation can be provided via sidewalks adjacent to streets in combination with walkways provided through greenbelt and common areas. Main circulation drives shall have a sidewalk on at least one side. sidewalks adjacent to curbs shall be a minimum of five (5) feet in width. sidewalks adjacent to a 3 to 4 foot wide parkway shall be a minimum of four (4) feet in width. 12 06/10/92 13. FENCES HEDGES AND WALLS Fences shall be limited to a maximum height of eight (8) feet, measured from finished grade. Where the fence is required to protect a swimming pool, the fence shall be constructed so as to meet the requirements of the Uniform Building Code for pool safety. Wing walls, where.an extension of a residential or accessory structure, may be six (6) feet in height. At street intersections (to include driveway intersections with streets), no such appurtenance shall exceed thirty (30) inches in height above street pavement grade within the triangle bounded by the right-of- way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right-of-way lines prolonged. Landscape plans shall be designed to provide adequate sight distance (25 MPH) unless otherwise approved by the City Traffic Engineer. 13 06/10/92 1.1. 1. 1 , , ... 1 19 1661 XZ AHVnNW NV7d 7VH3NM f/OV391HOdMM-40 A1fO Had VlHgLlLfO NOde.3s -4-4me --- Xvm.o1�— ["-, 778 d0 dDl r-- MOVO13S3M7A1H3dOHd MY NOMUS 3M7 NOV913S 3M7 A1H3dOtfd ?W DAM771n9 70V j OZ I 06 - z&079 d0 301 A7ddV 771M SRSVO OMl d0 3ONV1S/0 H31V3Y9 SECTION IV PARKS The Newport North view park is intended to be passive in nature, characterized by low intensity usage such as hiking, bicycling and informal recreation. Minimal grading for trail connections to San Joaquin Hills Drive and Back Bay Road will be allowed. It is intended that the physical nature of the view park be a natural setting with unobtrusive additions and minimal lighting. Some low level lighting may be allowed, pursuant to City review, for security purposes. r 15 06/10/92 C- �l 11 SECTION V A sign program for Newporter North, approved by the Irvine Company shall be submitted for review and approval by the Planning Commission. 3. 06/10/92 C,W SECTION VI. SITE PLAN REVIEW A. Pu�ose B. C. D. The effect of this section is to establish a site Plan Review procedure for Newporter North to insure that the project conforms to the objectives of the General Plan. Findings The Site Plan Review procedures contained in this section promote the health, safety and general welfare of the community by ensuring that: (1) Development of Newporter North will not preclude implementation of specific General Plan objectives and policies. (2) The value of property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features. Application Site Plan Review approval shall be obtained prior to the issuance of a Grading Permit or a Building Permit for any new structure, including fences, and the establishment of grade by the Planning Commission or the City Council in accordance with Section 20.02.026. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: (1) A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking, landscaped areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction.of traffic flow into and out of off-street parking areas, the location of each parking space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. (2) A landscape plan, drawn to scale-, showing the locations of existing trees proposed,to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. 17 06/10/92 C;. y3 E. F. (3) Grading plans to ensure development properly related to the site and to surrounding properties and structures. (4) Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. (5) Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. (6) Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. Fs& The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under Chapter 20.01.070. (Ord. 1686, § 11 1976) Standards The Site Plan Review procedures established for Newporter North shall be applied according to and in compliance with the following standards: (1) Sites subject to Site Plan Review under the provisions of this section shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, Upper Newport Bay, and landscape, giving special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed; (2) No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council, on review or appeal, finds that the benefits outweigh the adverse impacts; (3) Residential development shall be permitted in areas subject to noise levels greater than 65 CNEL only where specific mitigation measures will reduce noise levels in exterior areas to less than 65 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less; 18 06/10/92 G' AH (4) Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development; (5) Development shall be consistent with specific General Plan policies and objectives, the adopted Circulation Improvement and Open Space Agreement, and shall not preclude the implementation of those policies and objectives; (6) Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, and sensitive resources; (7) Archaeological and historical resources shall be protected to the extent feasible or appropriate mitigation measures shall be implemented. G. Procedures regarding Public Hearing notification and Planning Commission and City Council actions shall be pursuant to Chapter 20.01.070. 19 06/10/92 c-a5 COMMISSIONERS A 0 o Yk June 4, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX A Development Agreement No. 6 (Public Hearing) Item No.3 Request to adopt a Development Agreement for the Circulation DA No. 6 Improvement and Open Space Agreement for eleven sites in the ms 82 City of Newport Beach. The proposal also includes the acceptance of an environmental document. A 763 AND A 764 B. Traffic Study No 82 (Public Hearing) A 765 Request to approve, a traffic study consistent with the provisions of A 766 Chapter 15.40 of the Newport Beach Municipal Code for eleven A 767 sites addressed in the Circulation Improvement and Open Space Agreement. A 76a AND A 769 A 770 C. Amendment No 763 (Public Hearing) Cont'd to Request to amend the Harbor View Hills Planned Community 6/I8/92 District Regulations and Development Plan so as to allow for the construction of 48 additional dwelling units. LOCATION: Property located at 1501 Ford Road, adjacent to the easterly side MacArthur Boulevard, between Ford Road and San Joaquin Hills Road, in the Harbor View Hills Planned Community. ZONE: P-C AND D. Amendment No 764 (Public Hearing) Request to adopt Planned Community District Regulations and Development Plan for Upper Castaways. This request would provide for the construction of 151 dwelling units. -13- COMMISSIONERS 0 June 4, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX LOCATION: Property located at 900 Dover Drive, on the southeasterly side of Dover Drive between the Westcliff Drive and West Coast Highway. ZONE: P-C AND E. Amendment No 765 (Public Hearing) Request to adopt Planned Community District Regulations and Development Plan for Newporter North/Newporter Knoll. This request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll. LOCATION: Property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort. 'ZONE: P-C AND F Amendment No 766 (Public Hearing) Request to amend the North Ford Planned Community District Regulations and Development Plan so as to allow for the construction of 300 additional dwelling units. LOCATION: Property located at 3200 University Drive, on the northeasterly comer of Jamboree Road and University Drive South, in the North Ford Planned Community. ZONE: P-C AND -14- COMMISSIONERS k 10 N • June 4, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX G. Amendment No. 767 (Public Hearing) Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. restaurant or a 40,000 sq.ft. athletic club. LOCATION: Property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. ZONE: Unclassified AND H Amendment No 768 (,Public Hearing) Request to amend portions of Districting Maps No. 44 and 66 so as to reclassify property from the U (Unclassified) District to the P-C (Planned Community) District. The proposal also includes a request to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use of the subject property. LOCATION: Property located at 3600 Jamboree Road, bounded by Jamboree Road, MacArthur Boulevard and SR 73, and property known as San Diego Creek North located at 3500 Jamboree Road, bounded by the San Diego Creek, Jamboree Road and SR 73. ZONE: Unclassified AND -15- COMMISSIONERS �!� \ � June 4, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX I Amendment No 769 (Public Hearing) Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction of 245 dwelling units or senior citizen housing. LOCATION: Property located at 855 San Clemente Drive, on the southeasterly corner of San Clemente Drive and Santa Barbara Drive, in Block 800 of Newport Center. ZONE: P-C AND J. Amendment No 770 (Public Hearing) Request to amend a portion of Districting Map No. 48 so as to reclassify property from the O-S (Open Space) and Unclassified Districts to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for the Corporate Plaza West Planned Community. This request would allow for the construction of an additional 94,000 sq.ft. of office development (115,000 sq.ft. total). LOCATION: Property located at 1050 Newport Center Drive, on the northwesterly corner of East Coast Highway and Newport Center Drive, across from the Corporate Plaza Planned Community. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, requested that the subject item be continued to the June 18, 1992, Planning Commission meeting. -16- COMMISSIONERS In50WR` • June 4, 1992 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL Motion * Motion was made and voted on to continue Item No. 3 to the June Ayes * * * * * 18, 1992, Planning Commission meeting. MOTION CARRIED. Absent ss: I N ITEM Discussion Item I P1 n Amendment No. 92-2No. 1 !Request t initiate amendments to the Newport Beach General GPA 92-2 foll s: w O •A request of California Recreation Company to amend the Lan Use Element of the Newport Beach General (A) Plan and the Loca Coastal Program Land Use Plan so as to Castaways Marina redefine the permute commercmial entitlement from 40,000 sq.ft. of recreational and m e comercial to a 71 slip marina with Initiated related marina support an parking facilities. B 2209 Beside Drive: A reques of C.L. Burnett and Steven D. (B) Hillyard to amend the Land Use E ment of the Newport Beach 2209 General Plan and the Local Coastal P gram Land Use Plan so as Bayside Dz to alter the dwelling unit allocation d policy statements for No Statistical Area F3 in order to allow the s division of an existing Recommenda R-1 lot into two single family building sit consistent with the tion minimum subdivision standards of the Newpo Beach Municipal Code. INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, reviewed the subjec General Plan Amendment. In response to a question posed by Commissioner Merrill regar ' g GPA 92-2 (B), 2209 Bayside Drive, Mr. Hewicker explained th the request is for the subject address. It was the belief of staff when the General Plan was amended in 1988, that the City only -17- + ' Planning Commission Meeting June 4. 1992 Agenda Item No. . 3 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT' A Development Agreement No. 6 (Public Hearin¢) Request to adopt a Development Agreement for the Circulation Improvement and Open Space Agreement for eleven sites in the City of Newport Beach. The proposal also includes the acceptance of an environmental document. uz b B. Traffic Study No 82 (Public Hearing) Request to approve a traffic study consistent with the provisions of Chapter 15.40 of the Newport Beach Municipal Code for eleven sites addressed in the Circulation Improvement and Open Space Agreement. 0 Amendment No. 763 (Public Hearin Request to amend the Harbor View Hills Planned Community District Regulations and Development Plan so as to allow for the construction of 48 additional dwelling units. LOCATION: Property located at 1501 Ford Road, adjacent to the easterly side MacArthur Boulevard, between Ford Road and San Joaquin Hills Road, in the Harbor View Hills Planned Community. ZONE: P-C "Will D. Amendment No 764 (Public Hearing) Request to adopt Planned Community District Regulations and Development Plan for Upper Castaways. This request would provide for the construction of 151 dwelling units. TO: Planning Commission - 2 LOCATION: Property located at 900 Dover Drive, on the southeasterly side of Dover Drive between the Westeliff Drive and West Coast Highway. ZONE: P-C Request to adopt Planned Community District Regulations and Development Plan for Newporter North/Newporter Knoll. This request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll. LOCATION: Property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort. ZONE: P-C MCI F. Amendment No. 766 (&blic Hearing) Request to amend the North Ford Planned Community District Regulations and Development Plan so as to allow for the construction of 300 additional dwelling units. LOCATION: Property located at 3200 University Drive, on the northeasterly corner of Jamboree Road and University Drive South, in the North Ford Planned Community. ZONE: P-C 0 Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. restaurant or a 40,000 sgft. athletic club. r" TO: Planning Commission - 3 LOCATION: Property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. ZONE: Unclassified 0 •s� 0 M- awswrol-1101, Request to amend portions of Districting Maps No. 44 and 66 so as to reclassify property from the U (Unclassified) District to the P-C (Planned Community) District. The proposal also includes a request to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use of the subject property. LOCATION: Property located at 3600 Jamboree Road, bounded by Jamboree Road, MacArthur Boulevard and SR 73, and property known as San Diego Creek North located at 3500 Jamboree Road, bounded by the San Diego Creek, Jamboree Road and SR 73. ZONE: Unclassified I. Amendment No 769 (Public Hearin Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction of 245 dwelling units or senior citizen housing. LOCATION: Property located at 855 San Clemente Drive, on the southeasterly corner of San Clemente Drive and Santa Barbara Drive, in Block 800 of Newport Center. ZONE: P-C 0 J. Amendment No 770 (Public Hearing) Request to amend a portion of Districting Map No. 48 so as to reclassify property from the O-S (Open Space) and Unclassified Districts to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for TO: Planning Commission - 4 the Corporate Plaza West Planned allow for the construction of an development (115,000 sgft. total). Community. This request would additional 94,000 sgft, of office LOCATION: Property located at 1050 Newport Center Drive, on the northwesterly corner of East Coast Highway and Newport Center Drive, across from the Corporate Plaza Planned Community. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant This item has been continued to the Planning Commission meeting of June 18, 1992, to allow staff and the applicant to further review the P-C Texts for consistency with City standards. Very truly yours, PLANNING DEPARTMENT JAMES D. HEWICKER, Director Patricia L. Temple Advance Planning Manager C\...\PL7\PC\DA\Q0S&PC1 • M t Ibis Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the, 27th day of July 1992, and was adopted on the _ day of 1992, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ATTEST: CITY CLERK Attachments: Exhibits "A" & "B" PL7`...\WC DA\A765.ORD MAYOR 2 6 Mart No. 3 ORDINANCE NO. 92-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMU- NITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR NEWPORTER NORTH/NE WPORTER KNOLL (PLANNING COMMISSION AMENDMENT NO, 765) The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The subject property is the following teal property in the City of Newport Beach, County of Orange, State of California: That portion of Block 55 of Irvine's Subdivision, as recorded in Book 1, Page 88 of Miscellaneous Maps of the County of Orange. as shown in the attached Exhibit "A" and hereinafter referred to as "Property". SECTION 2. Development of the property, which is zoned P-C, shall be as specified in the Planned Community District Regulations and Development Plan which is approved and adopted pursuant to this Ordinance, and which specifies the permitted land uses, intensity and density limits and development standards and regulations for the property as set forth in the attached Exhibit "B." SECTION 3. The Planning Director of the City of Newport Beach is hereby Instructed and directed to apply all of the provisions of said Planned Community District Regulations and Development Plan to the Property as described herein; the same shall be in full force and effect and be a part of Title 20 of the Newport Beach Municipal Code. SECTION 4. The Mayor sball sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City within fifteen (15) days of its adoption. The Ordinance shall be effective thirty days after the date of Its adoption. 65 COMMISSIONERS A\OA\N.l \ June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Community. This request would allow for the construction of an additional 94,000 sq.ft. of office development (115,000 sq.ft. total). LOCATION: Property located at 1050 Newport Center APPROVED Drive, on the northwesterly comer of East Coast Highway and Newport Center Drive, across from the Corporate Plaza Planned Community. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant Ms. Patricia Temple, Advance Planning Manager, stated that the subject project consists of a comprehensive set of applications to provide entitlement for remaining undeveloped sites in the City owned by The Irvine Company. The details of the Development Agreement are the result of discussions between The Irvine Company and an AdHoc Committee of the City Council formed for the purpose of developing the terms of the Agreement for consideration by the City. The Agreement was originally drafted by The Irvine Company; however, it is now the product of the City Attorney with substantial input by The Irvine Company. The three components of the Agreement include the Circulation System Funding Program; an Open Space Dedication Program; and the Provision of Vesting of Entitlement. The subject action would constitute final discretionary actions in the Newport Center area. which caused staff to raise the issue of dedication of the Newport Village site from the new Central Library site to San Miguel Road. The AdHoc Committee and The Irvine Company determined that the dedication could be accomplished so long as The Irvine Company was given the ability to use a portion of the San Diego Creek North site between the Bayview Drive extension and San Diego Creek for the mitigation of San Joaquin Transportation Corridor impacts. The concept has been incorporated into the Development Agreement. Ms. Temple addressed the feasibility of expansion of time for the Newport Conservancy to acquire Castaways and Newporter North. The Development Agreement does not address any provisions of -14- 0001G COMMISSIONERS � d �'�t June 18, 1992 MINUTES CITY OF NEWPORT BEACH ROLLCALL INDEX H. Amendment No. 768 (Continued Public Hea=4 Amend. No. 768 Request to amend portions of Districting Maps No. 44 and 66 so as to reclassify property from the U (Unclassified) District to the (Res. P-C (Planned Community) District. The proposal also includes a No. 1305) request to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use of the subject property. LOCATION: Property located at 3600 Jamboree Road, bounded by Jamboree Road, MacArthur Boulevard and SR 73, and property known as San Diego Creek North located at 3500 Jamboree Road, bounded by the San Diego Creek, Jamboree Road and SR 73. ZONE: Unclassified AND I Amendment No. 769 (Continued Public Hearingl Amend. No. 769 Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction (Res of 245 dwelling units or senior citizen housing. No. 1306) LOCATION: Property located at 855 San Clemente Drive, on the southeasterly corner of San Clemente Drive and Santa Barbara Drive, in Block 800 of Newport Center. ZONE: P-C AND Amend. 1. Amendment No. 770 (Continued Public Hearingl No. 770 Request to amend a portion of Districting Map No. 48 so as to (Res. reclassify property from the O-S (Open Space) and U Nd. 1307) (Unclassified) Districts to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for the Corporate Plaza West Planned -13- 0002.5- CityCouncil Abeeting August 24. 1992 Agenda Item No. CITY OF NEWPORT BEACH TO: Mayor and Members of the City Council FROM: Planning Department6� SUBJECT: A General Plan Amendment 92.2(C) Request to amend the Land Use Element of the Newport Beach General Plan to allow for an optional permitted land use of affordable senior citizen housing on the Bayview Landing site in association with the transfer of 30,000 sq.ft. of retail commercial entitlement to Fashion Island in Newport Center. The proposal also includes the acceptance of an environmental document. I_ Z B Local Coastal Program Amendment No 28 Request to amend the Local Coastal Program, Land Use Plan to allow for an optional permitted land use of affordable senior citizen housing on the Bayview Landing site in association with the transfer of 30,000 sq.ft. of retail commercial entitlement to Fashion Island in Newport Center. INITIATED BY: The City of Newport Beach 0 C. Ordinance No 92.35 (Development Agreement No 6) Request to adopt a Development Agreement for the Circulation Im- provement and Open Space Agreement for eleven sites in the City of Newport Beach. D Traffic Study No. 82 Request to approve a traffic study consistent with the provisions of Chapter 15.40 of the Newport Beach Municipal Code for eleven sites TO: Citylouncil - 2. addressed in the Circulation Improvement and Open Space Agree- ment. KV �] Request to amend the Harbor View Hills Planned Community District Regulations and Development Plan so as to allow for the construction of 48 additional dwelling units. LOCATION: Property located at 1501 Ford Road, adjacent to the easterly'side MacArthur Boulevard, between Ford Road and San Joaquin Hills Road, in the Harbor View Hills Planned Community. ZONE: P-C AND Request to adopt Planned Community District Regulations and Development Plan for Upper Castaways. This request would provide for the construction of 151 dwelling units. LOCATION: Property located at 900 Dover Drive, on the southeasterly side of Dover Drive between Westcliff Drive and West Coast Highway. ZONE: P-C UzUP Request to adopt Planned Community District Regulations and Development Plan for Newporter North/Newporter Knoll. This request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll. LOCATION: Property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort. ZONE: P-C ►:NVO7 TO: Cityf uncil - 3. • H. Amendment No. 766 Request to amend the North Ford Planned Community District Regulations and Development Plan so as to allow for the construction of 300 additional dwelling units. LOCATION: Property located at 3200 University Drive, on the northeasterly corner of Jamboree Road and University Drive South, in the North Ford Planned Community. ZONE: P-C 0 I Ordinance No 92-38 (Amendment No. 767) Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P-C District. Also requested is'the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. restaurant or a 40,000 sq.ft. athletic club. LOCATION: Property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. ZONE: Unclassified ME T Ordinance No 92-39 (Amendment No. 768) Request to amend portions of Districting Maps No. 44 and 66 so as to reclassify property from the U (Unclassified) District to the P-C (Planned Community) District. The proposal also includes a request to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use of the subject property. LOCATION: Property located at 3600 Jamboree Road, bounded by Jamboree Road, MacArthur Boulevard and SR 73, and property known as San Diego Creek North located at 3500 Jamboree Road, bounded by the San Diego Creek, Jamboree Road and SR 73. ZONE: Unclassified TO: City Council - 4. irk K. ,amendment No. 769 Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction of 245 dwelling units or senior citizen housing. LOCATION: Property located at 855 San Clemente Drive, on the southeasterly corner of San Clemente Drive and Santa Barbara Drive, in Block, 800 of Newport Center. ZONE: P-C MM-01 Request to amend a portion of Districting Map No. 48 so as to reclassify property from the O-S (Open Space) and Unclassified Districts to the P-C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for the Corporate Plaza West Planned Community. This request would allow for the construction of an additional 94,000 sq.ft. of office development (115,000 sqft. total). LOCATION: Property located at 1050 Newport Center Drive, on the northwesterly corner of East Coast Highway and Newport Center Drive, across from the Corporate Plaza Planned Community. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant The various applications under consideration are part of the Circulation Improvement and Open Space Agreement (CIOSA). If approved, the CIOSA will provide vested' entitlement for eight sites owned by The Irvine Company (TIC) throughout the City of Newport Beach. Additionally, three sites currently owned by TIC will be zoned and dedicated for open space and public facility use. Guidelines for General Plan Amendments are contained in City Council Policy Q-1. Regulations regarding the adoption of Development Agreements are contained in Chapter 15.45 of the Newport Beach Municipal Code. Regulations regarding TO: Citylouncil - 5. • the approval of Traffic Studies are found in Chapter 15.40 of the Newport Beach Municipal Code and in Council Policy S-1. Regulations regarding Amendments are in Chapter 20.84, and procedures for the adoption and amendment of Planned Communities are in Chapter 20.51 of the Code. Suggested Action Hold hearing, close hearing; if desired a. Adopt Resolution No. 92- ' accepting, approving and certifying Final Environ- mental Impact Report No. 148; b. Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; C. Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; d. With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be miti- gated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Considerations are acceptable; e. Adopt the Mitigation Monitoring program; f. Adopt Resolution No. 92- , amending the Land Use Element of the Newport Beach General Plan for the Bayview Landing site; g. Adopt Resolution No. 92- . amending the Local Coastal Program, Land Use Plan for the Bayview Landing site; h. Reintroduce Ordinance No. 92-35 • and pass to second reading on September 14, 1992, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR THE CIRCULATION IMPROVE- MENT AND OPEN SPACE AGREEMENT (DEVELOPMENT AGREEMENT NO. 6) TO: Citygouncii - 6. 1 0 i. Sustain the action of the Planning Commission and approve Traffic Study No. 82 subject to the conditions imposed by the Commission; j. Adopt Resolution No. 92- adopting an amendment to the Harbor View Hills Planned Community; k. Reintroduce Ordinance No. 92-36 .• and pass to second reading on September 14, 1992, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMU- NITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR UPPER CASTAWAYS (Pt.ANMG COMMISSION AMENDMENT NO, 764) 1. Reintroduce Ordinance No. 92-37 . and pass to second reading on September 14, 1992, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMU- NITY DISTRICT REGULATIONS AND DEVELOPMENT PLANFOR NEWPORTER NORTH/NEWPORTER KNOLL In. Adopt Resolution No. 92- , adopting an amendment to the North Ford Planned Community; n. Adopt Ordinance No. 92-38 . being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE -ZONING THE PROPERTY COMMONLY KNOWN AS BAYVIEW LANDING FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPT ING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR BAYVIEW LANDING (PLANNING COMMISSION AMENDMENT NO. 767) o. Adopt Ordinance No. 92-39 . being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE -ZONING THE PROPERTIES COMMONLY KNOWN AS SAN DIEGO CREEK NORTH AND JAMBOREE/MAC ARTHUR FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING TO: City Council - 7. PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR SAN DIEGO CREEK NORTH -JAMBOREE MAC ARTHUR (PLANNING COMMISSION AMENDMENT NO 768) p. Adopt Resolution No. 92- . adopting an amendment to the Block 800 - Newport Center Planned Community; q. Adopt Ordinance No. 92-40 , being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE -ZONING THE PROPERTY COMMONLY KNOWN AS CORPORATE PLAZA WEST FROM THE U DISTRICT TO THE P-C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGU- LATIONS AND DEVELOPMENT PLAN FOR CORPO- RATE PLAZA WEST (PLANNING COMMISSION AMENDMENT NO, 770) Background On November 27, 1989, the City Council adopted Resolution No. 89-136 establishing the Circulation Buildout City Council Ad Hoc Committee. This Committee was established to work with The Irvine Company (TIC) and City staff in the development of a comprehensive approach to entitlement of certain undeveloped TIC properties consistent with the General Plan in association with the establishment of a funding mechanism for the construction of important components of the circulation system. Through the course of these discussions, a program of open space and public facility dedications was identified. The agreement is, therefore, called the Circulation Improvement and Open Space Agreement, and consists of three major components: 1. The entitlement of seven sites owned by The Irvine Company in the City of Newport Beach at a level equal to or less than the General Plan Land Use Element allocation. One site, Bayview, Landing, will be entitled in such a way as to allow for the construction of senior citizen housing with a transfer of retail commercial to Fashion Island in addition to uses currently allowed in the General Plan. The sites proposed for vesting entitlement are: Upper Castaways, Bayview Landing, Newporter Resort, Newporter North, Corporate Plaza West, Block 800 (Newport Center), San Diego Creek South and Freeway Reservation East. Two sites would be zoned for open space uses: Newporter Knoll and Jamboree/MacArthur. One site, San Diego Creek North will be zoned for open space and/or public facility uses. 2. Advance funding of circulation system improvements through the prepayment of Fair Share Fees, the commitment to frontage improvements, and the advance of TO: Cityluncil - 8. additional funds, with a total commitment of $20.6 million plus an additional $500,000 for MacArthur Boulevard improvements in the City of Irvine. Funds loaned to the City (the advance) would be interest free, and would be paid back to TIC through a return of 50% of Fair Share Fees collected by the City for a twenty year term. If the advance of funds is not completely paid after twenty years, the remainder of the debt would be forgiven. 3. The dedication to the City of land for park, open space, and public facility uses. Three entire sites would be dedicated: Newporter Knoll, San Diego Creek North and Jamboree/MacArthur. Substantial portions of five additional sites would also be dedicated: Upper Castaways, Bayview Landing, Newporter North, San Diego Creek South and Freeway Reservation East. No dedication would occur on Corporate Plaza West, Block 800 - Newport Center or the Newporter Resort sites. The dedication of the portion of the Newport Village site from the new central library site to San Miguel Road is also provided for in the agreement. The agreement under consideration is a development agreement to be adopted pursuant to Chapter 15.45 of the Newport Beach Municipal Code. The agreement sets forth the legal framework, requirements and obligations of both parties to achieve the entitlement (for TIC), and the land dedication and circulation funding (for the City). One item of interest is the effective date of the agreement. In this case, the effective date is not the date of approval, but is the first date upon which all of the following have occurred: 1) final approval by the California Coastal Commission; 2) the CEQA challenge period has expired or, if a lawsuit is filed, a final judgement upholding the agreement has been entered; and 3) the City has issued a grading or building permit for development of the property other than potential senior citizen housing development on Bayview Landing, development on the southerly parcel of Freeway Reservation East, senior housing development on Block 800 or hotel development on the Newport Resort. The agreement does make provisions for the City to make use of the circulation funds prior to the effective date of the agreement if certain conditions are met. The agreement can be terminated if any county, state or federal law, rule, regulation or plan precludes compliance with one or more provisions of the agreement. The agreement may also be terminated if either party defaults on their obligations pursuant to the agreement. If the Company elects termination of the agreement upon default by the City, there are provisions for repayment of circulation funds paid to the City pursuant to the agreement. It is important to understand that this provision could be a substantial General Fund obligation, in that the obligation is based upon the development remaining and shall be repaid in four years. Planning Commission Action On June 18, 1992, the Planning Commission recommended approval to the City Council a series of actions which comprise the Circulation Improvement and Open Space Agreement. On August 6, 1992, the Planning Commission recommended approval 'o£ General Plan TO: City Council - 9. Amendment 92-2(C) and Local Coastal Program Amendment No. 28, which are the follow- up actions necessary to enact the Planning Commission recommendation in regards to Bayview Landing. A copy of the Planning Commission staff reports and excerpts of the Planning Commission minutes are attached for the information of the City Council. Discussion The Planning Commission staff reports contain the detailed analysis of this project. Two issues were raised at the Planning Commission hearings which are discussed below. A proposed change to the PC Text for Harbor View Hills - Freeway Reservation East is also discussed as a result of a comment received on the Environmental Impact Report. Bluff Top Setbacks for Castaways and Newporter North. In their request for approval for the Planned Community texts for the Castaways and Newporter North sites, The Irvine Company has requested to be allowed to encroach up to 20 feet into the required 40 foot bluff top set back zone. This would allow for the placement of a fill slope in the set back area so that the adjoining residential area can be raised up to 10 feet above the bluff top public access area. The Planning Commission approved a slope encroachment of up to 10 feet with the adjoining community association maintaining the slope. The staff position is that a minimum of 40 feet should be maintained for the bluff top set back for both geological and public use concerns that warrant the widest possible set back. Subsequent to the Planning Commission meeting, staff and The Irvine Company have met to further discuss the issue of encroachment into the 40 foot set back area. As a result of these discussions, The Irvine Company has changed its position, and is no longer seeking an encroachment into the bluff top set back. The required revisions have been incorporated into the PC Texts for Castaways and Newporter North (attached) and the suggested action includes the necessary reintroduction of the Ordinances. Site Design Issues/Newport Harbor Lutheran Church. The Planning Commission received considerable testimony from persons associated with the Newport Harbor Lutheran Church. Primary areas of concern are the interface of the residential development with the Church, operational conflicts between the Church and the parks, and the provision of parking for both parks as well as the Church. Conceptual plans for this area have been prepared by both The Irvine Company and the Church. It is important to note that precise site plans have not been developed for these sites. The zoning documents will not preclude implementation of any of the concepts. Resolution of these considerations will occur at the time of approval of the Site Plan Review. One issue which the City Council may wish to address is the possibility of direct access to the bluff top trail system on the Castaways -site from 16th Street. While direct access is not precluded by the zoning document, it is not required. If the City Council wishes to mandate direct access to the bluff park from 16th Street, the requirement should be incorporated into the P-C Text at this time. TO: city Council -10. Additional Requirement for Freeway Reservation East - South Parcel. A concern was raised by a resident of the Harbor View Hills area regarding potential changes to the noise environment which could result from the construction of the southern portion of the Freeway Reservation East site adjacent to Newport Hills Drive West. Specific concerns were raised concerning the removal of an existing berm and the construction of residences in that area between existing homes and MacArthur Boulevard. While no potential mitigable impact was identified in the Environmental Impact Report, The Irvine Company has agreed to the imposition of an additional condition on this future subdivision, as follows: "Concurrent with submittal of plans for site plan review for the southern portion of the Freeway Reservation East site, the project applicant shall submit to the City an accoustical barrier analysis (prepared by a City -approved acoustical engineer) which demonstrates that the proposed building designs result in optimal sound attenuation for the existing homes along Newport Hills Drive West, taking into consideration the anticipated layout of the site plaiLlf The purpose of this requirement is to assure existing residents in the area that the design of the structures will optimize the noise reduction which will result from the construction of the new residences. This is similar to a requirement placed on Hoag Hospital for its loading dock area The additional language has been incorporated into the PC Text for Amendment No. 763 attached to this report. Revisions to Development Agreement Text. The Office of the City Attorney has indicated a need to make certain revisions to the text of the Development Agreement. The changed text will be transmitted to the City Council in a separate staff report from the City Attorney. The suggested action includes the necessary reintroduction of the Ordinance. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By _t_a iCAtA Patricia L. Temple Advance Planning Manager Attachments: 1. Planning Commission minutes of June 18 and August 6, 1992 2. Planning Commission staff reports of June 18 and August 6, 1992 TO: City Council - 11. 3. Draft Resolution Certifying Environmental Impact Report No. 148 with Exhibit 1: Statement of Facts and Findings and Exhibit 2: Statement of Overriding Considerations 4. Mitigation Monitoring Program S. Draft Resolution - General Plan Amendment 92-2(C) 6. Draft Resolution - Local Coastal Program Amendment No. 28 7. Revised Ordinance No. 92.35 - Development Agreement No. 6 (Attached to City Attorneys staff report) 8. Findings and Conditions for Approval - Traffic Study No. 82 9. Draft Resolution - Amendment No. 763 - Harbor View Hills PC (Revised) 10. Revised Ordinance No. 92-36 - Amendment No. 764 - Upper Castaways PC 11. Revised Ordinance No. 92-37 - Amendment No. 765 - Newporter North/Newporter Knoll PC 12. Draft Resolution - Amendment No. 766 - North Ford PC 13. Ordinance No. 92-38 - Amendment No. 767 - Bayview Landing PC 14. Ordinance No. 92-39 - Amendment No. 768 - Jamboree/MacArthur-San Diego Creek North PC 15. Draft Resolution - Amendment No. 769 - Block 800 PC 16. Ordinance No. 92-40 - Amendment No. 770 - Corporate Plaza West PC 17. Correspondence 18. Final Environmental Impact Report 148 - Addendum and Response to Comments (attached separately) PLT:CC\DA\DA"R3 i I AMENDMENT APPLICATION OII" .tI -ZONE CHANGE) CITY" OI' NEWPORT BEACH Planning Department 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92658-a915 (714) 644-3200 ' "- LL:ah Applicatron, Rec'd by Fee: $5,560.00 t Applicant (print) The Irvine Company Phone 720-2332 Mailing Address 550 Newport Center Dr., Ste. 700, Newport Beach, CA 92660 Property Owner Same Phone Mailing Address Same Address of Property Involved Newporter North - Newporter Knoll Zone Present Use Vacant Legal Description of Property Involved (if too long, attach separate sheet) That portion of Block 55 of Irvine's Subdivision, as shown o. Purpose of Application Adoption of PC Text Reasons for Application Establish land use regulations Why is this Amendment necessary for the general welfare of the neighborhood? To establish land use regulations Vice President, Land Development (Irvine Pacific) OWNER'S AFFIDAVIT (I) (We) The Irvine Company depose and say that (I am) (we are) the owner(s) of the property(ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the fore- going statements and answers herein contained and the information herewith sub- mitted are in all respects true and correct to the best of (my) (our) knowledge and belief. ^^�� Signature(s)7/ Thomas O. Redwit Vice President, Land Development Irvine Pacific DO NOT COMPLETE APPLICATION BELOW THIS LINE Date Filed 51,2,�P49.Z Fee Pd. S .545d, DV Receipt No. a�2- 73 {searing Date (0IA9 1 Publication Date .� • �- 3 %�- Posting Date S 2Y Mail Date G P. C. Action�Date_ Appeal C. C. Hearing D C. C. ActionDate CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH PLANNING DEPARTMENT The applicant shall discuss the proposed development with a member of the Planning Department prior to filing. This discussion should cover in detail the applicant's request and the procedural steps required. APPLICATION FORM 1. Please type or clearly print in ink the name, mailing address and telephone number of the applicant and record owner of the property involved. 2. Give the address of the property involved. If it has no address, locate in relation to its front street and nearest cross street. 3. Describe fully the purpose of the application. Be sure to list existing and proposed zoning, setbacks, or what else is requested. 4. The law requires that to approve an amendment it must be determined that the proposed zoning will benefit the general welfare of the neighborhood. Present evidence to this effect in the space provided. 5. Please type or clearly print the legal description of the property involved. If there is insufficient space on the form, the description on a separate sheet may be attached. The legal description must be complete and correct as it will be part of the ordinance making the change. PROPERTY OWNERS' LIST AND ASSESSOR'S PARCEL MAPS Except for amendments to P-C (Planned Community) Development Standards, each application must be accompanied by: 1. Two sets of gummed labels containing the names and addresses of owners of the subject property, and property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. The list shall also contain the addresses of occupants of residentially -zoned property within the required prescribed radius in conjunction with zone changes, and any other development the Planning Department makes the determination is of significant public interest. 2. Assessor's parcel map(s), indicating the 300 foot radius line and the subject property. This information shall be prepared by the applicant or by a title company doing business in Orange County, utilizing names and addresses from the last equalized assessment roll and utilizing the most recent assessor's maps, or alternatively, from such other records as contain more recent names, addresses, or maps. PLANS Each application must be accompanied by 20 sets of plot plans, floor plans, and elevations, and other pertinent information you feel will help illustrate your proposal. Each set of plans must be stapled and folded to a size of 81W by 14". The plans shall be legibly drawn to scale and dimensioned, utilizing an engineering scale at 1" = 10', 20', 301, or 40', or an architectural scale at 1/8" or 1/4" = 1' and shall contain the following information: 1. The name and address of owner, and the owner's agent or representative. 2. A north arrow and the scale of the drawing. 3. Property lines of the subject property. 4. Adjacent streets and alleys, giving right-of-way widths and street names. The plans shall also contain the following additional information, if applicable; (OVER) Amendment Information Sheet - 2. 5. All existing and proposed structures and all improvements, including driveways, walls, carports, garages, swimming pools, accessory buildings, and structures to be removed. 6. Parking areas, designed to City standards. 7. Signs, indicating location, height, and square footage. 8. Fencing (walls) indicating type, location, and height. 9. Landscape areas. 10. Topography. FILING F'EE A filing fee is required at the time of filing to partially defray the cost of processing and other expenses. The Planning Department will advise you of said fee. File the completed application, plans, and fee in the Planning Department by 12:W Noon, Friday, 27 days prior to a Planning Commission meeting. (Note: If the project requires the approval of an environmental document, all information and fees must be filed by 12:00 Noon, Friday, 48 days prior to a Planning Commission meeting.) The Planning Commission meets on Thursdays preceding the 2nd and 4th Mondays of each month at 7:30 p.m. Your application will be scheduled for the earliest possible Commission meeting. The Planning Department will advise you of the hearing date when you file. PLANS MUST BE CAREFULLY DRAWN AND EASILY READABLE. IF THE PLAN IS NOT SO DRAWN, IT WILL NOT BE ACCEPTABLE FOR FILING. ANY MODIFICATION OF THE PLANS MUST BE SUBMITTED TO THE PLANNING DEPARTMENT AT LEAST SEVEN (7) WORKING DAYS PRIOR TO THE DAY OF THE HEARING. ANY SIGNIFICANT CHANGES IN PLANS SUBMITTED DURING THE SEVEN (7) DAY PERIOD WILL RESULT IN A RECOMMENDATION FOR CONTINUANCE OF THE APPLICATION BY THE PLANNING DEPARTMENT. IF THIS APPLICATION INVOLVES STRUCTURAL ALTERATIONS TO EXISTING BUILDINGS, YOU ARE ADVISED TO CONSULT THE BUILDING DEPARTMENT PRIOR TO FILING THIS APPLICATION IN ORDER TO DETERMINE ELECTRICAL, BUILDING AND PLUMBING CODE REQUIREMENTS. THIS APPLICATION MAY BE CONTINUED TO A SUBSEQUENT MEETING IF THE APPLICANT OR AN AUTHORIZED AGENT DOES NOT APPEAR AT THE PUBLIC HEARING. IF IT IS DETERMINED BY STAFF THAT YOUR PROJECT REQUIRES THE APPROVAL OF AN ENVIRONMENTAL DOCUMENT DURING TIME PROCESSING PERIOD, THIS APPLICATION WILL HAVE TO BE CONTINUED TO A SUBSEQUENT PLANNING COMMISSION MEETING THAN ORIGINALLY SCHEDULED. TENTATIVE MAP APPLICATION CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 Newport Boulevard P.O. Box 1768 Newport Beach,, CA 92658-8915 (714) 644-3200 NoTTK lgC'll Application Redd Fee: $ OR $ (42 0a per lot (whichever is greater) Tentative Tract No. 15011 � �2•?�q,,00 APPLICANT (Print) The Irvine Company PHONE 120-2000 MAILING ADDRESS 550 Newport Center Drive, Newport Beach, CA 92660 PROPERTY OWNER The Irvine Company P13ONE 720-2000 MAILING ADDRESS- 550 Net Center Drive, Newport Beach, CA 92660 Newport P�DDIESS OFOZEl�TY IIVOLVFED Newporter North Planned Community. Bounded by an oaquin H s oa on t e nort John Wayne.Guicn tote southwest, Jamboree oa to the east, and Upper Newport Bay to the northwest. 16ol -%1GMh*rev_ (Zioc4' Residential & ZONE open Space PRESENT USE vacant Land Legal description of Property Involved (if too long, attach separate sheet), See attached sheet for Legal Description. List any exceptions requested from standard subdivision requirements The following streets exceed the 400-feet maximum cul-de-sac length for private streets: Street "B" = 640 feet. Signature of Owner Wi11laiN H. arland Executive Vice President Date 9/30/94 Signature of Applicant or Agent Date ----------------------------------------------------- DO NOT COMPLETE APPLICATION BELOW THIS LINE Date Filed `4 3 `E Fee Pd. VA Receipt No. Hearing Date _ \ `—\ )Q"k - OCT 041994 Posting Date �`2�S`�l�k Mail Date CITY OF NEWPORT BEACH P.C. Action G(U 1�1/iAr7rt �iG�. Date la 8 9 Appeal C.C. Hearing � — � • �� C.C. Action �2�0.�3�.�_f Date P 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 PLANNING DEPARTMENT (714)644-3225 March 24, 1993 Ms. Meg Vaughn Staff Analyst California Coastal Commission 245 W. Broadway, Ste. 380 P.O. Box 1450 Long Beach, CA 90802-4416 SUBJECT: Analysis of the Consistency of the Circulation Improvement and Open Space Agreement (CIOSA Development Agreement) with the Newport Beach Certified Local Coastal Program. Land Use Plan Dear Ms. Vaughn, This letter and analysis is in response to your correspondence dated March 11, 1993 wherein you requested additional information from the City regarding the consistency of the CIOSA Development Agreement with the City's certified Land Use Plan. Your letter indicated five sites in question as to the proposed project's consistency with the certified Land Use Plan. In our telephone conversation you indicated that one of those five sites was Bayview Landing. I am not addressing this site here because the consistency has been resolved by the Commission's action on LCP amendment 3-92 in February. The remaining sites in question are Upper Castaways, Newporter North, Jamboree/MacArthur and San Diego Creek North. Each is discussed individually below. Lipper Castaways You have indicated that an LCP amendment may be needed for this site due to discrepancies in the Land Use Plan map contained in the LCP and the Planned Community Text exhibits attached to the CIOSA Agreement. The City of Newport Beach does not believe there is any discrepancy between the two documents, and that there is no need for an LCP amendment for the following reasons: 3300 Newport Boulevard, Newport Beach Ms. Meg Vaughn California Coastal Comnution Page 2. Comparing the level of detail between the LCP Maps and the PC Text Maps attached to the CIOSA Agreement is inappropriate since they are intended to provide for different levels of planning specificity. The LCP maps are similar in detail to a General Plan. The PC Text Maps are similar in detail to zoning specificity. State Planning Law requires that "diagrams" accompany the General Plan Text. These diagrams are intended only to show general land use relationships, and are not as regulatory in nature as a zoning ordinance map. The diagrams with the text should provide a rational basis for planning -related regulations. Since there is no definition as to the level of specificity required for LCP, Land Use Plan exhibits, the City of Newport Beach has used the General Plan concept contained in the State General Plan guidelines for the LCP maps. 2. The maps contained in the LCP, Land Use Plan are not intended to be used separate and apart from the LUP text. Rather, the maps and text should be used together in order to determine a projects consistency with the Plan. In this case, the plan text amplifies the maps by clearly indicating that "This development shall incorporate a public park and viewing area of approximately 10 acres parallel to the bluffs, including adequate parking. Any development on the site shall be sited and designed to adequately protect and buffer the environmentally sensitive area(s) on this site"* It is the position of the City of Newport Beach that this language provides sufficient latitude for the delineation in the CIOSA Agreement of the development and dedication areas as proposed. 3. The City of Newport Beach considers its General Plan and LCP to be permissive for institutional, infrastructure and open space land uses, since these are generally public benefit uses which are of lesser intensity than economic land uses such as residential, commercial and industrial. Other developments in the Coastal Zone have been approved with reductions in the development area caused by right-of-way dedications, bus turn outs and landscape buffers. One project with the development area so reduced is the Villa Point Phase Two condominium project. Newporter North: The rationale for consistency for the Newporter North site is the same as for the Upper Castaways site. In this particular case, the text in the Land Use Plan is even more clear as to the potential restriction of the development area of the site. Specifically, the text states "Precise mapping of sensitive resource areas is required prior to approval of development on the remainder of the site. No development of these areas is permitted, and any development of this site shall be sited and designed to adequately protect and buffer the environmentally sensitive area(s) on this site"' Clearly, some adjustments to the development area of this site are anticipated by the text. Ms. Meg Vaughn California Coastal Comm Page 3. Jamboree/MacArthur: The rationale for consistency with the certified land use plan for this is a combination of item 3 discussed under Upper Castaways with other policies regarding environmentally sensitive habitat areas contained in the land use plan. These policies (starting.on Page 20) limit the use of sites with certain types of habitats. Included on the list of sensitive areas are riparian areas and freshwater marshes. The Jamboree/MacArthur site is occupied by a well developed riparian wetland, which has some relationship to the San Joaquin Marsh area in the City of Irvine. Preservation of this wetland is not considered feasible in association with the ±50,000 sq.ft. of office entitlement contained in the certified LUP. The Irvine Company has proposed to dedicate the site for open space purposes, and abandon the entitlement. It is the position of the City that the intent not to use established entitlement does not create inconsistency with the LUP. San Diego Creek North: The rationale for consistency with the certified LUP for the proposed use of San Diego Creek North is similar to that for JamboreelMacArthur. In this particular case, a portion of the site is designated as open space for the purpose of preserving an identified wildlife corridor between the San Joaquin Marsh and Upper Newport Bay. This requirement would allow for a finding of consistency with ESHA policies of the certified LUP. The use of the remainder of the site for public facilities is in part already allowed in the LUP, since a fire station reservation is included in the area description for the site. Once again, The Irvine Company has determined to dedicate the site for public and open space uses, and abandon the entitlement allowed in the LUP. It is the position of the City that the intent not to use entitlement does not create inconsistency with the LUP. Thank you for the opportunity to provide information to you prior the completion of your staff report for the CIOSA Agreement. If you have any questions or need additional information, please give me a call at (714) 644-3225. Very truly yours, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By "L Patricia L. Temple 17 Advance Planning Manager tw APPRAISAL REPORT NEWPORTER NORTH SITE t 89.2 ACRE RESIDENTIAL SITE NEWPORT BEACH, CALIFORNIA Date of Report: Submitted to: November 8, 1990 Mr. Thomas O. Redwitz Vice President Land Development, Irvine Pacific 550 Newport Center Drive Suite 700 P.O. Box 1 Newport Beach, California 92658-8904 Date of Value: Submitted by: August 1, 1990 Fuller & Associates 3 Civic Plaza Suite 255 Newport Beach, CA 92660 ORANGE COUNTY SUITE 255 3 CIVIC PLAZA NEWPORT BEACH, CALIFORNIA 92660 AREA CODE 71. TELEPHONE 644-AO40 FULLER & ASSOCIATES REAL ESTATE APPRAISERS AND CONSULTANTS RICHARD A. FULLER. MAI TELECOPIER (7141 64A-4065 November 8, 1990 Mr. Thomas O. Redwitz Vice President Land Development, Irvine Pacific 550 Newport Center Drive Suite 700 P.O. Box 1 Newport Beach, California 92653-8904 Dear Mr. Redwitz: • SAN DIEGO COUNTY SUITE B 5122AVENIOA ENCINAS CARLSBAD, CALIFORNIA 92OOB AREA CODE 619 TELEPHONE 434-70SO RE: Appraisal of ±89.2 acre Newporter North Site, Newport Beach, California In accordance with our proposal dated October 10, 1990, and your authorization dated October 15, 1990, we have made an examination of the above -referenced property for the purpose of estimating it's fair market value as of August 1, 1990. Based upon your instruction, the value of the subject property has been estimated under the following development alternatives: 1) With existing General Plan Entitlement of 212 residential units and required park dedication requirement ranging from (A) 2.4 acres (46.6 developable acres, 4.55 D.U./acre) to (B) 4.0 acres (45.0 developable acres, 4.71 D.U./acre); 2) With existing General Plan Entitlement of 212 residential units and 9.0 acres of park dedication (40.0 developable acres, 5.30 D.U./acre). FAIR MARKET VALUES As a result of this investigation and an analysis of matters pertinent to the property's value, we have concluded that the fair market values thereof, as of said date, were as follows: 1A) 212 Units, 2.4 Acre Park Dedication: $68,200,000 1 B) 212 Units, 4.0 Acre Park Dedication: $67,200,000 2) 212 Units, 9.0 Acre Park Dedication: $56,500,000 SCOPE OF ASSIGNMENT The scope of this assignment has been to physically inspect the subject property; complete a market data study of the comparable market data; analyze the physical characteristics of the subject property; compare the market data to the subject property; and form an opinion as to the fair market value of the subject property. REPORT FORM In the interest of brevity, and by specific instructions of the client, this report is herein submitted in summary form. All market data, factual data, reasoning, computations, descriptions, analyses, and discussions, from which, in part, the valuation conclusion was derived, have been retained in our files, and is partially summarized within this report. This report has been prepared in -conformity with Regulation No.10 "Code of Professional Ethics and Standards of Professional Conduct" of the American Institute of Real Estate Appraisers. PURPOSE OF THE APPRAISAL The purpose of this appraisal is to express an opinion of the fair market value of the Newporter North site, under the development alternatives set out above, as of August 1, 1990. 2 FULLER & ASSOCIATES USE OF THE APPRAISAL The function of this appraisal is for disposition purposes. DEFINITION OF FAIR MARKET VALUE "The most probable price, as of.a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress." - The Aporraisai of Real Estate, The American Institute of Real Estate Appraisers, 9th Edition. Fee, simple estate. NATURE OF INTEREST APPRAISED ASSUMPTIONS AND LIMITING CONDITIONS This appraisal has been based upon the following assumptions and limiting conditions: 1) That we assume no responsibility for matters legal in character, nor do we render any opinion as to the title which is assumed to be good. All existing liens, and encumbrances, securing payment of money, have .been disregarded, and the property is appraised as though free and clear under responsible ownership and competent management. 2) That information obtained for use in this appraisal is believed to be true and correct to .the best of our ability, however, no responsibility is assumed for errors or omissions, or for information not disclosed which might otherwise affect the valuation estimate. 3) Disclosure of the contents of this appraisal report is governed by the By -Laws and Regulations of the American Institute of Real Estate Appraisers, of which Mr. Fuller is a member. 4) Neither all, nor any part, of the contents of this report (especially any conclusions as to value, the identity of the appraisers, or the firm with which they are connected, or any reference to the American Institute of Real Estate Appraisers, or the MAI designation) shall be disseminated to the public through advertising media, public relations, news media, sales media,,or any other public means of communication without prior written consent and approval of the undersigned. 5) That this valuation estimate is of surface rights only, and the valuation of mineral rights, if any, has been disregarded. 3 FuLLER & ASSOCIATES 1, I, 0 • 6) That no warranty is made as to the seismic stability of the subject property. 7) That the appraisers, by reason of this appraisal, are not required to give testimony, or attendance in court with reference to the property appraised, unless arrangements have been previously made thereof. 8) That the submission of this report constitutes completion of the services authorized. It is submitted upon the condition that the client will provide the appraisers customary compensation relating to any subsequent required depositions, conferences, additional preparation, or testimony. 9) That, by specific instructions of the client, this report will not be prepared for litigation purposes. If this matter is adjudicated in any manner, the appraiser reserves the right to prepare a comprehensive narrative report, at an additional fee, and to further review and verify the data upon which the estimate of value is based. 10) That Preliminary Title Report No. OR-1549930, dated May 24, 1990, and prepared by First American Title Insurance, sets out all the covenants, conditions, restrictions, and easements which encumber the subject property, as of the date of value, and that these conditions of title do not, affect the future developability of the subject property, in accordance with the development alternatives provided by the client. 11) That as a soil report was not available to the appraisers, subsoil conditions are considered favorable for development, but no guarantee of same is implied here. 12) That, as no hydrology studies were available for review, it is assumed that any drainage sheet flow through the subject property would be contained, and the property under appraisement would not be subject to inundation. 13) That as no legal description was available for review, it is assumed that the subject property is a portion of Block 55 Irvine's Subdivision, and is as set out on the Parcel Map contained within this report. 14) That an inconsistency exists between the Assessors size estimate of 85.47 acres and the 89.2 acre size estimate provided by the client. For purposes of this appraisal the 89.2 acre size estimate is assumed to be correct; however it is recognized that the Constraint Map prepared by Adams Streeter Civil Engineers, dated September 7, 1990 sets out the net parcel size as 86.447 acres which is assumed to exclude the required street dedication adjacent to San Joaquin Hills Road. 15) That all maps and exhibits included within this report are for illustration purposes only, and are set out to assist the reader in visualizing the property. 4 FULLER & ASSOCIATES ,, 0 0 16) That unless otherwise stated in this report, the existence of hazardous substances, including without limitation asbestos, urea formaldehyde, foam insulation, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of nor did the appraisers become aware of such during the appraiser's inspection. The value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. 17) That by instruction of the client, the value of the subject property has been estimated under the following development alternatives. 1) With existing General Plan Entitlement of 212 residential units and required park dedication requirement ranging from (A) 2.4 acres (46.6 developable acres, 4.55 D.U./acre) to (B),4.0 acres (45.0 developable acres, 4.71 D.U./acre); 2) With existing General Plan Entitlement of 212 residential units and 9.0 acres of park dedication (40.0 developable acres, 5.30 D.U./acre). 18) That the estimate of 40.2 acres for slopes and natural areas, as provided by the client, includes all undevelopable slopes, natural areas, and required street dedications. 19) That the development cost estimates provided by the client have not been independently verified, however are assumed to be correct. 20) That, the cost estimate to mitigate or salvage the existing archaeological site were provided by the client and have not been independently verified, however are assumed to be correct. 21) That a review of the Preliminary Noise Study for Irvine Pacific Projects, prepared by Mestre Greve Associates, Report No. 90-235, dated September 14, 1990 indicates that the subject site is located outside the Airport 60 dB CNEL Noise Contour Zone. 22) That the basis for allocation of lots with significant views was the View Opportunity Study, prepared by the SWA Group, dated October, 1990, which was assumed to be correct. 5 FULLER & ASSOCIATES PROPERTY DESCRIPTION Identification: The subject property is referred to as the Newporter North site, and is identified as Assessor's Parcels 440-132-21 and 24. Location: The subject property is located at the southwesterly corner of Jamboree Road and San Joaquin Hills Road, in the City of Newport Beach, County of Orange, State of California. Legal Description: As no legal description was available for review, it is assumed that the subject property is a portion of Block 55 Irvine's Subdivision, and is as set out on the Parcel Map contained within this report. Parcel Size and Shape: The subject property is assumed to contain 89.2 gross acres, and is irregular in shape. Estimates of the developable area for each development alternative are set out in the Highest and Best Use Section of this report. Contour and Draina9e: Contour: The subject property is comprised of a predominately level bluff top mesa, and steep bluffs which adjoin Upper Newport Bay. John Wayne Gulch traverses through the southerly portion of the site. Elevations vary 10 feet above sea level, adjacent to the Upper Newport Bay, to ±120 feet above sea level at the bluff top. Draina9e: In the northerly portion of the site, drainage sheet flow is generally in a westerly direction. In the southerly portion of the site drainage sheet flow is in to John Wayne Gulch which drains into the Upper Newport Bay. C FULLER & ASSOCIATES r . t . '�-+++,-ws:: �.. • i �!�'(T. �'i w s. ;.#1SMY �! � i"A yF _ -• -s..07 s • ii' S Y Y �S 1 i�4 ' 4 Y _ ._ .w- �,?. ��•^... r - �.� ..,I •.i� r � -TEA Access and Streets: Access: Pacific Coast Highway (State Highway 1): Pacific Coast Highway (State Highway 1) is located ±1/2 mile south of the subject property. This highway is the major coastal access route through Orange County and is paved from 4 to 8 lanes. Streets Jamboree Road: Jamboree Road adjoins the southeasterly boundary of the subject property. This road is paved to 6 lanes with a center median and is improved with concrete curbs and gutters, and sidewalks. Jamboree Road is designated as a major arterial highway, (6 lane divided highway with 128 foot right of way), on the City's Master Plan of Streets. San Joaquin Hills Road: San Joaquin Hills Road adjoins the northerly boundary of the subject property. This road is paved to 4lanes and is improved with concrete curbs, gutters and sidewalks. Back Bay Drive: Back Bay Drive adjoins the northwesterly boundary of the subject property. This road is paved to 1 lane with a bike path. Land Use: Jurisdiction: City of Newport Beach Existing Municipal Zoning: Designation: PC -Planned Community District (No adopted PC development text) 7 FULLER & ASSOCIATES ,p I. VIEW FROM JAMBOREE WEST 11 WEST NEWPORTER NORTH VISUA1- ANALI'SIS I:XIS•I'IN(; VIEWS FROM JAMBOREE I•I:I p �RI p I , n. II:, I\I 1.4 II II � PI•\ 1 I ,11•,11 \ I I•Rt 1'\I<I 11111 IIII ll1 U,RI111• VIM IAWAI II IN Al l The purpose of the PC Zone is to provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment which can result from large-scale community planning. This district is designed to include various types of land uses, such as single-family residential developments, multiple housing developments, professional and administrative areas, commercial centers, industrial parks or any public or quasi -public use or combination of uses, through the adoption of a Development Plan and text materials which 'set forth land use relationships and development standards. General Plan: Designation: The northern portion of the site is designated as Single Family Attached, with a maximum of 212 dwelling units allowed. This designation of Single Family Attached represents an anticipated development type, and is not intended to limit development to only that type. This area may be developed with any of the residential product types within the established dwelling unit limit. Bluff areas and environmentally sensitive resource areas are designated for Recreational and Environmental Open Space. Precise mapping of sensitive areas is required prior to approval of development on the remainder of the site. No development of these areas is permitted. Recreation and Open Space Element: The Recreation and Open Space Element of the General Plan discusses the subject site as follows: A special view park of 4 acres is designated at this site. The park will be located at the bluffs and will provide viewing opportunities with some traditional neighborhood park recreational facilities to serve area residents. An optional access road and parking similar to Ocean Avenue in Corona del Mar is proposed. This option would be exercised at the discretion of the City. E-1 FULLER & ASSOCIATES Park Dedication: Chapter 19.50 of the City's Subdivision Code authorizes the City to require, as a condition of approval of a tentative Subdivision map or parcel map, the dedication ofland or payment of fees in lieu of, for the development of parks and recreational facilities. Where a park or recreational facility has been designated in the recreational element of the General Plan within the proposed subdivision, the subdivider shall dedicated land for a park. The amount of land to be dedicated is computed by multiplying the average number of persons per dwelling unit (2.25 persons per household) by the number of units in the subdivision, and then multiplying by the acres of park per 1,000 persons (5 acres) and dividing by 1,000. The calculated park dedication requirement for the subject site is 2.4 acres. If there is no park or recreational facility designated in the recreational element of the General Plan to be located within the proposed subdivision, or'if the proposed subdivision contains 50 parcels or less, the subdivider shall, pay a fee in lieu of dedication of land. This fee is currently $6,894.37 per dwelling unit. Local Costal Program: Designation: Low Density Residential (4 D.U. per buildable acre) 25% of the allowable units are transferable to either Newport Center or North Ford at the option of the property owner. The Local Coastal Program discusses the subject site as follows: The structures shall be clustered to accommodate archaeological sites and marsh sites. A public bikeway/walkway is proposed for this site. Any development on this site shall be sited and designed to adequately protect and buffer the environmentally sensitive areas on this site. E FULLER & ASSOCIATES x R �( _fir`'• V-o,, y ti.' LEGEND UTILITY COMPANIES ' � KRYOr La. r.Wawr w� ,uu uK WATER arr s Kwr a.w 31m KWr YULvw — C.rtLIIK aVwt aLw.w We. [IIIQf L1Yf SEWER ^• _ IronLaooic.L nrt r[vwr r.a. u r,wr :i... avr Ka,.nal ola ufzn xr 3 GAS ruvmu W. Y.KIn, u ulw ' ELECT. rp i im iiu[i� muo. w � M,L w. a raLl vlo u✓Lw TELEPHONE,r1eN rww rPU. M lm OIp .1,•)lll .?JW p4 HF�A 4 C O N S T R A I N T S M A P NEWPORTER NORTH • NEWPORT BEACH • CALIFORNIA x rr[rLKo rw. nnK mine mrwr ne KVwr mw. rM Kwr ruo,. u .a,.v ... ww. naLm euu miKm.iK_ intK. u on Archaeological Sites: Eight archaeological sites are identified as being located within the subject property. Seven of them are located within the undevelopable slopes and natural areas of the site. The significant archaeological site is located in the central portions of the property and comprises ±15 acres of developable blufftop area. Salvage or mitigation of these archaeological sites would be required as a condition of development on the subject property. Easements: A Southern California Edison easement traverses through the, southerly portion of the site. The City of Newport Beach owns an easement for drainage purposes in the central portions of the site. Preliminary Noise Study: A review was made of the Preliminary Noise Study for Irvine Pacific Projects, prepared by Mestre Greve Associates, report No. 90-235, dated September 14, 1990. The following are findings of this report: 1) The projected worst case unmitigated noise level at the site is 73.1 dB CNEL, adjacent to Jamboree Road. 2) The site is located outside of the airport 60 dB CNEL noise contour. Noise exposure from the airport on the site is estimated at 57 dB. 3) Mitigation recommendations are dependant upon location of development. If living units are constructed adjacent to Jamboree Road, walls as high as 7.5 feet will be required. 4) The installation of mechanical ventilation is recommended due to aircraft noise. 11 FULLER & ASSOCIATES Utilities: Water: Available, City of Newport Beach Sewer: Available, City of Newport Beach Natural Gas: Available, Southern California Gas Company Electricity: Available, Southern California Edison Company Telephone: Available, Pacific Bell Company Present Use• The subject property is currently vacant and unimproved. Highest and Best Use: By instruction of the client, the value of the subject property was estimated under the following development alternatives. 1) With existing General Plan Entitlement of 212 residential units and required park dedication requirement ranging from (A) 2.4 acres (46.6 developable acres, 4.55 D.U./acre) to (B) 4.0 acres (45.0 developable acres, 4.71 D.U./acre); 2) With existing General Plan Entitlement of 212 residential units and 9.0 acres of park dedication (40.0 developable acres, 5.30 D.U./acre). 12 FULLER & AssocIATES Oro,r�w • -}✓yam. 1 �A it �M{`,,y-� - •.••- • •-�g�-. - JAMBOREE R�--- � i - l 1, __ �_ ,.�,:._... ,_ rr_• 14444 ��—�y`Z1•�� "-�-`:tam �_+'.,.�- r.—f.resar�4.J_.�Yi J��, _ = � • .. _ •' J , � - , �`\�(1 � •'�ti 1' �j. _ ,r .7 °'- DEVELOPMENT AREA .yam• ••3i%' y >`iJ_ r� Y�• ' I .:�i I ,` JOHN WAYNI: C K N EWPORT i'- '� '# �� - r. i i:,• � �, i VIEW PARKrl SCENARIO NO. 1A&B,2 VIEW PARK 71 UPPER NEWPORT BAY KNOLL ...mo,4 ro NEWPORTER NORTH' V'VT-TTRTT XM VALUATION SUMMARY Introduction: The market data approach was utilized in estimating the fair market value of the subject site under the various development alternatives. This approach to value involved comparing sales of similar properties, in a finished condition, to the subject property, as if in a finished condition. After adjusting the market data for differences, the value of a non -view finished lot on the subject site was estimated for each development alternative. A premium was added to the lots in each alternative which were considered to have significant views. The estimated costs to finish the subject site, and the estimated archaeological site mitigation costs, were deducted from these values to arrive at the estimated fair market value of the subject property in the as is condition for each development alternative. Method of Valuation. Scope of Market Data Search: In the valuation of the subject property, a search was made for sales of comparable properties. Special emphasis was placed on properties located in Newport Beach and the surrounding area. In all, several items of market data were discovered with varying degrees of comparability to the subject property. Of these, 12 items of market data were_ considered most pertinent in this analysis. The Market Data Summary on the following pages set out a summary of each transaction. By instruction of the client, the details of these transactions have been retained in our files. Value Estimate For Non -View, Finished Lots: In analyzing each item of market data, a comparison was made between the market data and the non -view finished lots within the subject property. Consideration was given to differences in date of sale, terms of sale, land use, location, parcel size, views from parcel, and estimated costs to finish. 13 FULLER & ASSOCIATES RESIDENTIAL LAND SALES SUMMARY Newport Coast Planned Community No. Identification Net Acres Units Density a Date Sale Price S/Acre Unit 1 Area 2B1-3/4 28.7 58 2.0 5/90 (1) $25,534,014 $ 889,687 $440,242 Bramalea SFD 6/90 (2) 2 Area 2A1-1 35 80 2.3 6/90 (2) $30,885,378 $ 687,511 $386,067 J.M. Peters Co. SFD • 3 Area 2A-2 10.4 36 3.5 5/90 0) $ 9,683.340 $ 931,090 $268,982 RecreActions SFA 6/90 (2) 4 Area 2131A/2 18.7 134 7.2 5/90 (1) $20,742,712 $1,109,236 $154,796 Bren Co. SFA 6/90 (2) 5 Area 2A-2 9.5 72 7.6 5/90 (1) $10,466,958 $1,101,785 $145,374 RecreActions SFA 6/90 (2) All sites are being sold in a raw condition. 80% Financing was offered at 1% over prime, with the balance due in 1 year. The Irvine Company Is involved with a profit participation program on all projects. All sites are subject to an Assessment District Lien and proposed Mello Roos District for school facilities. • (1) Closed on model complex. (2) Projected closing of Phase I. RESIDENTIAL LAND SALES SUMMARY Turtle Rock and Tustin Ranch No. Identification Net Acres Units 0 Sale Dat Sale Price $/Acre Unit 1 Turtle Rock -Enclave VII 48.4 127 2.6 4/04/89 $39,701,830 $820,286- $312,613 SFD, Tract 12022 Standard Pacific (1) • 2 Turtle Rock -Enclave VII 7.9 77 9.8 6/08/89 $3,857,060 $488;235 $ 50,092 Lots 5-11, Tract 12022 Standard Pacific (1) 3 Tustin Ranch IV 14.0 55 3.9 6/18/90 $9,667,295 $690,521 $175,769 Lot 26, Tract 13627 Cameo Homes (2) 4 Tustin Ranch IV 29.9 151 5.1 6/28/90 18,404,784 $615,545 $121,886 Lots 7 & 8, Tract 13627 Lewis Homes (2) 5 Tustin Ranch IV 15.25 91 6.0 6/28/90 $8,150.000 $534,426 $ 89,560 Lots 5 & 6, Tract 13627 A-M Homes (2) • 6 Tustin Ranch IV 12.50 77 6.2 6/26/90 $7,428,390 $594,271 $ 96,473 Lot 1, Tract 13627 Fieldstone (2) 7 Tustin Ranch IV 8.68 74 8.5 6/22/90 $5,336,032 $614,750 $72,109 Lot 3, Tract 13627 Baycrest (2) (1) Sitesoldin unfinished condition. (2) Site sold in finished condition. 500 450 EMCA H Z 0 350 w �'a Z c vai 300 0 � w ° V) f1v 250 200 150 100 Newport Coast Residential Land Sales $/ADJUSTED FINISHED UNIT vs. DENSITY (1) Bran ialea (2) J I I Peters ❑ 3 e atia s ❑ 4 Br . C7 (5) Rcc reatic ns 3 DENSITY 7 I U After adjustments for these factors, and an analysis of the correlation between sale price per unit and density, the value of a non -view, finished .lot on the subject site was estimated for each development alternative. These estimates are set out as follows: 1A),212 Units, 2.4 Acre Park Dedication (4.55 D.U./acre): $310,000 per lot 1B) 212 Units, 4.0 Acre Park Dedication (4.71 D.U./acre): $305,000 per lot 2) 212 Units, 9.0 Acre Park Dedication (5.30 D.U./acre): $260,000 per lot View Study: For purposes of this appraisal, an estimate was made as to the number of lots in each alternative that would have significant views of either the bay, or Fashion Island and the golf course. The basis for allocation of lots with significant views was the View Opportunity Study, prepared by the SWA Group, dated October, 1990, which was assumed to be correct. The number of lots with significant views are estimated as follows: Alternative Total No. Lots with Lots with Lots No. Lots Bay Views FI/Golf Views W Views 1 212 61 32 119 A&B 2 212 61 32 119 View Premium: In order to quantify the view premium for lots with views comparable to the subject property, studies were conducted of sales of similar properties with and without views. Emphasis was given to residential tracts adjacent to Upper Newport Bay. Two of the tracts which were of special significance were the Bluffs North area of Eastbluff and Bayview Terrace. Six paired sales, with and without views, from each of these tracts were analyzed and are set out on the following pages. 14 FULLER & ASSOCIATES ' �. .. �.- Srt._i'tr_3�{���Y�"-iYik�{si.�".'�j`_; _�JA'�.J n�b'-•{_� .._ - 1, �t`i - .'Si.� . ���@..�;'•." _ F. - . NEWPORTER NORTH VIEW OPPORTUNITIES ',:,: IC\NFU ItR IM I.\E MCMC UL% ELOPMENr . !d 1%RLUM 111 5%%Ac;RULP OCFOUER 1990 7.ONE \ 7 1 j I]1 .] 1' 7ONL- 11 fl it i Ztl\E C ter; Pair No. 1 E 3 4 41 10 VIEW STUDY Bluffs North Paired Sales Sale Sale Price Estimated Address Plan view Date Price Difference Land Value 410 Plata D No 5/89 $347,000 $ 88,000 $231.100 2621 Vista Omada D Yes 3/89 $435,000 2657 Vista Omada E No 10/89 $420,000 $170,000 $291,900 2433 Vista Nobleza E Yes 10/89 $590,000 2661 Vista Omada D No 2/89 $340,000 $ 95,000 $224,100 2621 Vista Omada D Yes 3/89 $435,000 501 Playa D No 6/90 $359,000 $161,000 $243,100 527 Playa D Yes 7/90 $520,000 304 Otero T No 12/88 $345,000 $ 65,000 $229,100 430 Vista Parada T Yes 11/88 $410,000 2659 Vista Omada T No 5/90 $360,000 $ 95,000 $244,100 2653 Vista Omada T Yes 8/90 $455,000 view Premium 38% (42%) 58% (67%) 42% (47%) 66% (75%) 28% . (31 %) 39% (44%) Pair No. 1 2 3 4 5 VIEW STUDY Bayview Terrace Paired Sales Sale Sale Price Estimated View Address lean View Dee Price Difference Land Value Premium 71 Pelican 5 No 5/90 $450,000 _ $125,000 $310,600 40% 48 Cormorant 5 Yes 7/90 $515,000 (69%) • 17 Cormorant 5 No 9/88 $351,000 $ 64,000 $211,600 30% 34 Cormorant 5 Yes 8/88 $415,000 (46%) 25 Cormorant 5 No 8/88 $340,000 $ 85,000 $200,600 42% 38 Cormorant 5 Yes 9/88 $425,000 (63%) 25 Cormorant 5 No 8/88 $340.000 $ 80,000 $200,600 40% 14 Cormorant 5 Yes 9/88 $420,000 (59%), 17 Cormorant 5 No 9/88 $351,000 $ 74,000 $211,600 % 38 Cormorant 5 Yes 9/88 $425,000 (53 %) • 44 Gannet Lane 5 No 7/90 $420,000 $155,000 $280,600 55% 48 Cormorant 5 Yes 7/90 $575,000 (92%) To estimate the view premium from each of the paired sales, the difference in sale price was divided by the estimated land value of the nonview lot. The land value of the nonview lot was estimated by two methods, first by estimating the depreciated value of the improvements and subtracting it from the sale price, and secondly by multiplying the sale price by an estimated land -to -value ratio. The extracted view premiums range from 28% to 92%. Based upon an inspection of the views from the paired sales and the views from the subject site, it was concluded that a 65% view premium would be appropriate for those lots with bay views, and a 25% view premium for lot with Fashion Island and golf course views. Site Development Costs: A cost of $75,000 per net acre was estimated to develop the site from its existing raw condition to a mass graded condition with utilities available. A cost of $125,000 per net acre was estimated to develop the site from a mass graded condition to a finished condition where fine grading is completed and onsite streets and utilities are in place. These development cost estimates were provided by the client and have not been independently verified, however are assumed to be correct. The estimated cost of $200,000 ($125,000 + $75,000) per net acre was deducted from the estimates of value for the site in a finished condition, to conclude an estimate of value for the site in an unfinished condition, before archaeological mitigation. Archaeological Site Mitigation Costs: The client estimated the cost to salvage or mitigate the archaeological site located within the subject property to be between $2 to $4 million dollars. An estimate of $3 million dollars was considered to be reasonable by the appraisers. The estimated archaeological site mitigation costs of $3 million dollars was deducted from the estimates of value for the site in an unfinished condition, to conclude at an estimate of value for the site in the as is condition. 15 FULLER & ASSOCIATES Value Calculations: Based upon the above analyses, the estimates of fair market value for each development alternative are calculated as follows: 1A) 212 Units. 2.4 Acre Park Dedication (4.55 D.U./acre): Non -View Lots: 119 Non -View Lots @ $310,000/Lot $36,890;000 Fashion Island/Golf Course View Lots: 32 FI/GC View Lots @ $387,500/Lot $12,400,000 Bay View Lots: 61 Bay View Lots @ $511,500/Lot $31,201,500 Subtotal $80,491,500 Less Development Costs: 46.6 Acres @ $200,000/Acre ($ 9,320,000) Less Archaeological Mitigation Costs: Lump Sum ($ 3.000.0001 Total $68,171,500 Round To $6 28. 00,000 1B) 212 Units. 4.0 Acre Park Dedication (4.71 D.U./acre): Non -View Lots: 119 Non -View Lots @ $305,000/Lot $36,295,000 Fashion Island/Golf Course View Lots: 32 F.I./G.C. View Lots @ $381,250/Lot $12,200,000 16 FULLER & ASSOCIATES Bay View Lots: 61 Bay View Lots @ $503,250/Lot Subtotal Less Development Costs: 45.0 Acres @ $200,000/Acre Less Archeological Mitigation Costs: Lump Sum Total Round To $30,698,250 $79,193,250 ($ 9,000,000) ($_3.000.000) $67,193,250 $67 20 000 2) 212 Units, 9.0 Acre Park Dedication (5.30 D.U./acre): Non -View Lots: 119 Non -View Lots @ $260,000/Lot $30,940,000 Fashion Island/Golf Course View Lot: 32 FI/GC View Lots @ $325,000/Lot Bay View Lots: 61 Bay View Lots @ $429,000/Lot Subtotal Less Development Costs: 40.0 Acres @ $200,000/Acre Less Archaeological Mitigation Costs: Lump Sum Total Round To 17 $10,400,000 $26,169,000 $67,509,000 ($ 8,000,000) ($ 3.000.000) $56,509,000 $ 6 500 000 FULLER & ASSOCIATES Conclusion of Value: After careful consideration of the foregoing data, and other factors, it is our opinion that the fair market values of the subject property, based on the assumptions and limiting conditions, and development alternatives, set out elsewhere in this report, as of August 1, 1990, were as follows: FAIR MARKET VALUES 1A) 212 Units, 2.4 Acre Park Dedication: $68,200,000 1 B) 212 Units, 4.0 Acre Park Dedication: $67,200,000 2) 212 Units, 9.0 Acre Park Dedication: $56,500,000 .S ResL Ric Andrew Brooks RAF/AB:jhz 90-22 Newporter North 18 FULLER & ASSOCIATES QUALIFICATIONS OF RICHARD A FULLER MAI APPRAISER AND CONSULTANT Orange County San Diego County Suite 255 Suite B 3 Civic Plaza 5122 Avenida Encinas Newport Beach, California 92660 Carlsbad, California 92008 (714) 644-4040 (619) 434-7050 Education: Degrees: University of Southern California B.S. 1961 University of Southern California M.B.A. 1963 Special pr) isal Courses: American Institute of Real Estate Ap raiser : Theories and Principles 1965 Real Estate Appraisal Problems 1971 Single Family Properties 1971 Leasehold Interests 1972 Litigation Valuation 1981 Professional: Member, American Institute of Real Estate Appraisers 1972 Member, California Association of Realtors 1984 Member, National Association of Realtors 1972 Member, International Right of Way Association 1986 Expert Witness: Superior Court of California: County of Orange County of Riverside County of San Diego United States District Court: Central District of California FULLER & ASSOCIATES .. r Circuit Court of Oregon: County of Douglas Classification: California Savings and Loan - Class IV Licenses: State of California: Real Estate Broker (Active) General Building Contractor (Inactive) State of Oregon: Real Estate Appraiser (Inactive) Experience: Real Estate Appraiser - Associated with American Savings and Loan Association Real Estate Appraiser - Associated with George Hamilton Jones, MAI Independent Real Estate Appraiser Fuller & Associates Credentials: California Community College - Real Estate Faculty: Instructor, Advanced Appraisal, Mira Costa College Instructor, Advanced Appraisal, Orange Coast College Senior Lecturer, Real Estate Valuation. University of Southern California Instructor, Real Estate Development, Lane Community College 1966 1970 ifti77i; 1964 - 1966 1966 - 1970 1970 - Present Lifetime 1973 - 1974 1974 - 1975 1976 - 1977 1980 FULLER & ASSOCIATES Approved Faculty Member, Capitalization Theory and Techniques, Case Studies in Real Estate Valuation Analysis and Report Writing, Basic Valuation Procedures, American Institute of Real Estate Appraisers 1983 - 1989 Publications: "Appraisal of a Proposed Residential Subdivision Development", Encyclopedia of Real Estate Appraising, Third Ed., Published in 1978, Prentice Hall, Inc. Partial List of Clients: Lggai and Accounting Firms: Belcher, Henzie & Biggenzahn Butler, Husk, Gleaves & Swearingen Carlile & McDonough Cox, Castle & Nicholson John C. Cushman Daubney, Banche, Patterson, O'Neal, Nares & Reed Drummy, Garrett, King & Harrison Endeman, Lincoln, Turek & Heater Ernst & Whinney Flint & McKay Higgs, Fletcher & Mack Jennings, Engstrand & Henriksoh Johnson, Bannon, Wohlwent & Johnston Lanak & Hanna Michael Kenney Krusemark & Bertani Layman, Jones & Dye Latham & Watkins George Lenahan Manoukian, Scarpello & Alling, Ltd. Martin, Bischoff, Templeton, Biggs & Ericsson McColgan & Vann! Minihan, Kernutt, Stokes & Company Raphael Metzger O'Melveny & Myers Paone, Callahan, McHolm & Winton Paul, Hastings, Janofsky & Walker Penney and Penney Poindexter & Doutre Price Waterhouse & Company Roberts, Cormack & Johnson FULLER & ASSOCIATES Rogers & Wells Rutan & Tucker Tully H. Seymour Saxon, Alt, Dean, Mason, Brewer & Kincannon Simon & Sheridan Robert Waldron Wallace & Deatherage Wenke, Burge & Taylor Wright, Finley & Behrens Banks and-Savinas and Loan Associations: Alcal Financial Corporation Central Savings & Loan Coast Savings & Loan Crocker National Bank Farmers Savings and Loan Association Financial Federation First Credit Bank Great Western Bank Home Capital Corporation Home Savings of America Imperial Savings and Loan Association Newport Balboa Savings San Diego Trust & Savings Santa Ana First Federal Savings and Loan Association Santa Monica Bank Sears Savings Bank Security Pacific National Bank Sterling Savings and Loan Surety Savings and Loan Association Torrey Pines Bank Union Bank Wells Fargo Bank Corporations: Acme Rents, Inc. Aluminum Precision Products AMFAC Garden Products Beacon Oil Company Best Western Hotels Beckman Instruments Catalina Swimwear Celanese Corporation Chevron U.S.A., Inc. Chrysler First Business Credit Corporation iv FULLER & ASSOCIATES Cities Services Company Dairyland Insurance Company Deutsch Company Electra Motors Eugene Sand and Gravel, Inc. Fireman's Fund Guild Mortgage Company Gulf and Western Corporation Hartford Accident and Indemnity Company Hercules, Inc. Hughes Aircraft Corporation Interstate Brands Corporation Liggett and Myers Corporation McCullough Oil Corporation McKesson Corporation Meade Instruments Mesa Verde Country Club Pacific Mutual Life Insurance Prudential Property Insurance Retirement Center of America Retlaw Enterprises, Inc. Royal Insurance Company Salomon Brothers Standard Oil Company of California Stone & Youngberg U.S. Amada Village Green Corporation Western Electric Corporation Woolley Enterprises, Inc. Churches and Foundations: Father Flanagan's Boys' Home Foundation to Assist California Teachers Sherman Foundation The Church of Jesus Christ of Latter -Day Saints Hospitals: Greater El Monte Community Hospital Hoag Memorial Hospital Kaiser Permanente McKensie-Willamette Hospital Sacred Heart General Hospital Southcoast Medical Center Tri-City Hospital v FULLER & ASSOCIATES .. . Government Agencies: City of Carlsbad City of Corvallis City of Del Mar City of Laguna Beach City of Newport Beach City of Oceanside City of Pomona City of Poway City of Roseburg City of Santa Ana Costa Real Municipal Water District County of Orange Federal Aviation Administration Federal Deposit Insurance Corporation Federal Savings & Loan Insurance Corporation Internal Revenue Service Metropolitan Water District Ramona Municipal Water District State of California United States Postal Service Real Estate: Aldor Corporation American Diversified Companies Barrett Irvine Beacon Bay Community Association Bentall Development Robert Bein, William Frost & Associates Betker-Fredricks Development Company BSI Cedra Properties Chevron Land' and Development Company Chicago Title Company Coldwell Banker Management Corporation Continental Mortgage Insurance Daon Corporation DIGiorgio Corporation DKS Associates Hermosa Homes Huntington Beach Company Investors Mortgage Insurance Company The Irvine Company Lawyers, Title Company The Lusk Company vi FULLER & AsSOGIATES • 0 Manchester Development Mission Equity Ord Properties Safeco Title Insurance Company Standard Pacific L.P. Signal Landmark, Inc. Techbilt Construction Corporation Title Insurance and Trust Company Transamerica Title Insurance Company William Lyon Company Schools: Eugene School District No. 4-J Oceanside Unified School District Brigham Young University Mountain View School District Pepperdine University Saddleback Community College Scripps College Solona Beach School District Utilities Eugene Water and Electric Board Pacific Northwest Bell Southern California Edison Company Appraisal Functions Include: Acquisition Ground Rental Revaluation Bankruptcy Income Tax Appeal Bond Financing Inverse Condemnation Condemnation Litigation Disposition Mortgage Financing Donation Negotiation Estate Tax Appeal Park in Lieu Fees Exchange Partnership Dissolution Excess Land Portfolio Review Federal Grants Property Tax Appeal Foreclosure Redevelopment vii FULLER & ASSOCIATES Partial List of Appraisal Assignments: P li Airport Extensions, Assessment Districts, Corporate Yards, Dedicated Streets, Electrical Transmission R/W's, Improvement Districts, Libraries, Open Space Properties, Park Sites, Prisons, Post Office Sites, Public Right - of -Way Dedications, Railroad R/W's, Recreation Centers, Reservoir Sites, Sanitary Land Fills, Sanitation Line R/W's, Sanitation Easements, School Sites, Sewer Easements, Sewage Treatment Sites, Storm Drain Easements, Street Widenings, Transportation Centers, Water Line R/W's. Private: Agricultural Acreage, Apartment Buildings, Automobile Dealerships, Banks, Bulk Plants, Church Sites, Commercial Buildings, Condominium Projects, Equestrian Centers, Historical Buildings, Industrial Buildings, Industrial Subdivisions, Marinas, Medical Buildings, Mobile Home Parks, Motels, Ocean Front Properties, Office Buildings, Office Condominiums, Parking Lots, Private Beaches, Ranches, Residential Subdivisions, River Front Properties, Sand and Gravel Lands, Service Stations, Shopping Centers, Subdivision Acreage, Tennis Clubs, Tidelands, Trucking Facilities. Partial List of Special Appraisal Assignments: Coyote Hills West - 292.6 acre residential development located in Fullerton. (Chevron Land and Development Company) Deutsch Ranch - 250 acre ranch located in Oceanside. (Deutsch Co.) 4-S Ranch - 634 acre Specific Plan Area in North San Diego County. (Ralphs Family) Gypsum Canyon - 2,678 acre undeveloped acreage in Orange County. (The Irvine Company) Indian Head Ranch - Portion of a 640 acre desert subdivision located in Borrego Springs. (The DiGiorgio Corporation) Ivey Ranch - 750 acre planned unit development located in Oceanside. (The Estate of L.O. Ivey and Home Federal Savings & Loan) James Musick Facility - 100 acre prison facility with potential industrial farm uses located in El Toro. (The Irvine Company) John Wayne Tennis Club - Tennis club located in Newport Beach. (Ticor) viii FULLER & ASSOCIATES " .J r • Laguna Niguel- 4,600 acre planned unit development in Southern Orange County. (Avco Community Developers) Montebello Town Center - Regional shopping center located in Montebello. (Chevron, .U.S.A.) Newberry Ranch - 2,260 acre remote desert parcel. (Father Flanagan's Boys' Home) Norco Hills/Woodlake Development - 712 acre residential development located in Corona. (Grant/Owen) Rancho Bernardo - 986 acres within a planned unit development in North San Diego County. (McCullough Oil Corporation) Reeves Ranch - 490 acre residential development located in San Clemente. (The Church of Jesus Christ of Latter Day Saints) Retlaw Ranch - Six ranches totaling 3,605 acres located in Riverside, Los Angeles, and San Diego Counties. (Retlaw Enterprises, Inc.) San Luis Rey River Flood Control Project - 23 parcels within the Floodway and Floodplain of the San Luis Rey River, Oceanside. (City of Oceanside) Shadow Rid9e - 189.3 acre (Phase I and II) residential developmentlocated in Vista. (Dann Corporation) Tech Business Center - Proposed 67 lot industrial subdivision for Mello -Roos financing. (City of Poway) Interests Appraised: Fee Simple Estate Leased Fee Estate Leasehold Estate Sandwich Interest (October, 1990) ix FULLER & ASSOCIATES " .) Q�IFICATIONS OF ANDREW U AOKS Orange County Suite 255 3 Civic Plaza Newport Beach, California 92660 (714) 644-4040 Education: Degrees: B.S. Stanford University M.S. Stanford University Real Estate Courses: Licenses: San jalecio Countv Suite B 5122 Avenida Encinas Carlsbad, California 92008 (619) 434-7050 American Institute of Real Estate Ap raisers: 1984 1985 Real Estate Appraisal Principals (1A-1) Basic Valuation Procedures (1A-2) Standards of Professional Practice (SPP) Capitalization Theory and Techniques, Part A (1 B-A) Capitalization Theory and Techniques, Part B (1 B-B) Case Studies in Real Estate Valuation (2-1) Others: Real Estate Principals Real Estate Appraisal Legal Aspects of Real Estate Real Estate Finance Business Law Real Estate Practice Property Management California Real Estate Broker California General Building Contractor - Class B Professional Affiliations: American Institute of Real Estate Appraisers - MAI Candidate Experience Real Estate Appraiser Fuller & Associates Richard A. Fuller, MAI 1986 - Present i FULLER & ASSOCIATES q rJ • • Partial List of Appraisal Assignments: 600 Acre Mixed Use Development: 600 acre mixed use development comprised of industrial, commercial, and residential sites located in Rancho Bernardo. (4S Partners) Residential Lot Pricing Study: Market pricing studyfor 16 custom residential lots within Irvine Cove, Laguna Beach. (The Irvine Company) Anaheim Office Buiidinq: 37,000 sq.ft. office building located in Anaheim. (Kaiser Permanente) Regional ShoR{�ing Center Site: Leased fee regional shopping center site located in Montebello. (Chevron, U.S.A.) Retail/Office Complex: Retail/office complex located on Newport Boulevard, Newport Beach. (Newport Balboa Savings) Orange County Office and Industrial Buildings: One office and three industrial buildings located in Orange, Irvine and Huntington Beach. (LDS Church) Waterfront Residence: Single-family bayfront residence located in Newport Beach. .(City of Newport Beach) Right of Way Condemnation: Condemnation of land for road right of way purposes, Laguna Niguel. (Mission Equities) Proposed Mid -rise Office Building: Proposed 3 story, 38,600 sq.ft. office building located in Rancho Santa Margarita. (Manchester Development/La Jolla Bank and Trust) ii FULLER & ASSOCIATES Residential Duplex: Residential duplex located on Newport Peninsula. (City of Newport Beach) 87 Acre Roodway Site: 87 acre site within the floodplain of the San Dieguito River, San Diego. (FSLIC) City of Oceanside Improvement District: 3330 acre Morro Hills Improvement District for financing of water facilities. (City of Oceanside/Seidler, Fitzgerald Public Finance) Leased Fee Industrial Parcel: Leased fee interest of industrial parcel in Kearny Mesa. (San Diego Trust & Savings Bank) Water Reservoir Site: Partial taking of land for proposed water reservoir site located in Carlsbad. (Costa Real Water District) Corona del Mar Residential Lot: Hillside residential lot located in Corona del Mar. (City of Newport Beach) Proposed Residential Development: 384 unit single family residential development in Sun City. (Ord Properties) Andrew U. Brooks (July, 1990) FULLER & As50C;ATES h o 11 T 0 0 CERTIFICATION We, the undersigned, do hereby certify that to the best of our knowledge and belief except as otherwise noted in this report: 1) That the statements of fact contained in this report are true and correct. 2) That the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, unbiased professional analyses, opinions, and conclusions. 3) That we have no present or prospective interest in the properties that are the subject of this report, and we have no personal interest or bias with respect to the parties involved. 4) That our compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. 5) That our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the American Institute of Real Estate Appraisers, of which Mr. Fuller is a member. 6) That the use of this report is subject to the requirements of the American Institute of Real Estate Appraisers relating to review by its duly authorized representatives. 7) That we have made a personal inspection of the properties that are the subject of this report. 8) That no one provided significant professional assistance to the persons signing this report. 9) That as of the date of this report, Richard A. Fuller has completed the requirements under the continuing education program of the American Institute of Real -Estate-Appraisers_ (March, 1990) U. Brooks FULLER & ASSOCIATES Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of The Irvine Company for a series of approvals related to the Circulation Improvement and Open Space 19ro ment - Development Agresmnt No. 6. In addition to the Development Agreement, the approval of a Traffic Study pursuant to the Traffic Phasing Ordinance is requ *%**d - Traffic study No. a2. site specific approvals are also included, as follows: , Amendment No. 763: A request to amend the Harbor View Hills Planned Community District Regulations and Development Plan to allow for the construction of 48 dwelling units at 1501 Ford Road - Freeway Reservation East. The site is located easterly of MacArthur Boulevard between Ford Road and the Nature Park adjacent to the Harbor View Homes area. Amendment No. 7641 A request to adopt Planned Community District Regulations and Development Plan for Upper Castaways. This request would provide for the construction of 151 dwelling units at 900 Dover Drive, the site located easterly of Dover Drive between the Restoliff Grove Planned Community and the Castaways Marina Planned Community. Amendment No. 766: A request to adopt Planned Community District Regulations and Development Plan for Newporter North/Newporter Knoll. This request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll. The site is located at 1501 Jamboree Road, on the westerly side of Jamboree between San Joaquin Hills Road and the Newporter Resort. DDeevelopment Plan to allowgfortto the amendconstruction oof 3th 00 dwelling unianned ts tit3200District UniversityyDrive -ns Ban Diego Creek south. The lite is located northerly of University Drivi between Jamboree Road and Bonita Creek. Amendment No. 7471 A request to adopt Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the Construction of either a 10,000 sq-ft. restaurant or a 40,000 sq.ft. athletic club at 951 Back Bay Drive. The site is located an Jamboree Road between East Coast Highway and Back Bay Drive. Amendment No. 768: A request to amend portions of Districting Maps MO. 44 and 66 so as to reclassify property from the U (Unclassified) District to the P-C (planned Community) District. Also requested is the adoption of Planned Community District Regulations and Development Plan to provide for open space and public facility use of these sites- The property known as Jamborea/Naohrthur located at 3600 Jamboree Road is bounded by Jamboree Road, MacArthur Boulevard and 6R 73: the Property known as San Diego Creek North located at 3500 Jamboree Road is bounded by San Diego Creek, Jamboree Road and OR 73. Amendment No. 769: A request to amend the Block 800 Planned Community District Regulations and. ClementeaDri :an to allow 800,the construction of Newport Center. 245 The site. iisulocated on senior theoeasterly corner of at 55 Son Santa Barbara Drive and San Clemente Drive. Amendment No. 7701 Request to amend portions of Districting Nap no. 48 so as to reclassify property from the U (Unclassified) and O-s (open space) Districts to the P-C (Planned Community) District, and to adopt Planned Community District Regulations and Development Plan for the Corporate Plaza Nest Planned Community. This request would allow for the construction of an additional 94,000 sq.ft- of office development (115,000rtq.ft. total) at 1050uDr ive. Center Drive. The sit* is located on East Coast He rt connectionwith the applications noted at a above. Environmental theapr*sent intact ent ono of 4the city to prepared acceptthe Program Environmental Impact Report and supporting documents. The City encourages members of the general public to review and comment on this documentation. Copies of the Environmental Impact Report and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659-1768 (714) 644-3225. Notice is hereby further given that said public hearing will be hold on the ,J= day Of _aU L-, 1992, at the hour of 7:30 P•m- in the Council Chambers of the Newport Beach City inHta:330 ted y air Boulevard, Newport Beach, California, at which time and place any and all persons and be heard thereon. if you challenge this project in court, you may be limited to raising only those cissues orrespondence delivered to theiCity at, r prior to,lic the hear ing eib ring. For information calin this notice or in lr(714) 644-3200. Norma J. Glover, secretary, Planning Commission, City of Newport Beach. =TE: The expense of this notice is paid from a filing fee collected from the applicant. PLANNING DEPARTMENT CITY HALL 3300 Newport Boulevard P.O. Box 1768 Newport Beach. C/A, 926"-1769 Yu Ron Chung ., Alt;:Wl9S:a�^•4 C-�h-ctr_i'i CftO.�'aSU-^:.i2.i.5.�._� IMPORTANT Public Hearing Notice 161h11sill dlIId6IIIIIIlIIIII a 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST _ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING DEPARTMENT X PARKS & RECREATION _POLICE DEPARTMENT _MARINE SAFETY X GRADING Date: May 15. 1992 X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: The Irvine Co. FOR: IAmendment No. 765 (Newporter North - Newporter Knoll) DESCRIPTION: Request to adopt PC Text to establish land use regulations. LOCATION: That portion of Block 55 of Irvine's Subdivision, as shown on a map recorded in Book 1 Page 88 of Miscellaneous records.map. REPORT REQUESTED BY: May 22, 1992 COMMISSION REVIEW: June 4, 1992 COMMENTS: Signature: Date: NEAPORTER NORTH PLANNED COMMUNITY DISTRICT REGULATIONS Prepared for: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Prepared by: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92658-8904 Planned Community District Regulations for Newporter North Ordinance No. Beach City Council on adopted by the City of Newport 12/31/91 TABLE OF CONTENTS Page No. Introduction 1 Section I General Notes 4 Section II Definitions g Section III Residential Development Standards 9 Permitted Uses 9 Site Density 9 Maximum Building Height 9 Setbacks From Major Streets 9 Setbacks 9 Coastal Bluff Setbacks 10 Streets 10 Landscaping 11 Parking 11 Fences, Hedges and Walls 12 Section IV Signs 14 Section V Site Plan Review 15 List of Figures Figure I General Site Location 2 Figure II Land Use Plan 3 Figure III Statistical Analysis 7 Figure IV Bluff Setback Exhibit 13 12/31/91 C� PURPOSE INTRODUCTION The Newporter North Planned Community (P-C) District Regulations have been developed in compliance with the City of Newport Beach General Plan. This P-C has also been developed pursuant to Chapter 20.51 of the Newport Beach Municipal Code. The purpose of these District Regulations is to provide for the development of the site as a coordinated, comprehensive project. This will take advantage of the superior environment which results from community planning. Whenever the regulations contained conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these District Regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and various mechanical codes related thereto. � ity INTENT It is the intent of this P-C District to permit the development of the Newporter North site for residential dwellings and associated uses as well as parks and environmental open space. The units will be located in close proximity to Newport Center and will provide additional housing opportunities within the City. LOCATION :! e3 c�oa qu,i �� 1S d Newporter North is bounded by Park r tmen�t-s_tn, the north, John Wayne Gulch to the southwest, Jamboree Road to the east, and the Newport Back Bay to the northwest. 1 12/31/91 NEWPORTER NORTH �►� PLANNED COMMUNITY DISTRICT Ll JOAQUIN ��tsK Y G RESIDENTIAL PARK OPEN SPACE/NATURAL AREAS a LAND USE (CLAN NEWPORTER NORTH PLANNED COMMUNITY DISTRICT 4 0Z NOTTO SCALE r] SECTION I GENERAL NOTES 1. PARK STANDARDS, Parke'requirements shall be in accordance with the adopted Circulation Improvement and Open Space Agreement. 2. WATER SERVICE Water within the Planned Community will be furnished by the City of Newport Beach. 3. SEWAGE DISPOSAL C OM Sewage disposa facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. Prior to the issuance of any building permits, it shall b demonstrated to the satisfaction of the Public Works yx t`(c��, Department that adequate sewer facilities will be available. Prior to the occupancy of any structure, it shall be further demonstrated that adequate sewer facilities exist. 4. GRADING AND EROSION Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach L Grading ordinance and shall be subject to permits issued by / / ,the Building and Planning Departments. eK�f J. ' .� 6 Building pads adjacent to sl >raising asAmay be raised to an elevation not to exceed en (10)above natural q� grade. This provision does not p pad J elevat' ove 10 feet on interior portion of site. VJ Development area slopes may extend a maximum of twent 0 n (20) i� feet outside the properly line defining the development area. Manufactured slopes, if any, shall be stabilized as soon as possible to reduce erosion. �\ Poe- 5. SCREENING If mechanical appurtenances are to be built on building �y�n� rooftops, they shall be screened from street level view in a manner compatible with the building materials. 12/31/91 • 6. 7. EM ARCHAEOLOGICAL/PALEONTOLOGICAL Prior to the issuance of grading permits, the sites shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. A qualified archaeologist shall be present during pregrade meetings to inform the developer and grading contractors of the results of the study. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of the subject property until an appropriate data recovery program can be developed and implemented. The cost of such a recovery program shall be the responsibility of the landowner and/or developer. A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. BICYCLE AND PEDESTRIAN CIRCULATION The final design of public on -site pedestrian and bicycle circulation serving viewpark and coastal bluffs shall be reviewed and approved by the Public Works Department; Planning Department; and Parks, Beaches and Recreation. AFFORDABLE HOUSING Affordable housing provisions shall be consistent with City standards. Affordable housing requirements may be satisfied off -site. NOISE Detailed noise studies shall be conducted for the residential development for on -site impacts. Residential development shall comply with the standard of 45 dBA CNEL for interior noise levels and 65 dBA CNEL for outdoor living areas. Noise mitigation programs shall be based upon the recommendations of a licensed engineer practicing in acoustics and be approved by the Planning Department. 5 12/31/91 0 • 10. 11. 12. 13. STREETS Streets within the development may be either public or private. Public or private streets shall meet City standards. The Newporter North development may be a private (gate guarded) community with secured access surrounding the development. REFUSE COLLECTION AREAS a. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property from street level views. Said screening shall form a complete opaque screenj,k SG ( Ao__ vjtlkl` to 5c 5t� 1 ✓��5`F�` tG< �✓� n/4 Sf v 6�^J (Qraa,{ 14C7 "ezc_c,� b. Curb -side collection of refuse shall be subject to City of Newport Beach approval. TELEPHONE_, GAS, AND ELECTRICAL SERVICE All "on -site" gas lines, electrical lines, and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties from street level views. LIGHTING Lighting systems shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the Engineer stating that, in his opinion, this requirement has been met.nt `Qu io t� c ce,�e �c �r �� �I.•�t�1( ,o�� a," S(AA 6e peps, 5 V22 u Pdo 12/31/91 0 0 FIGURE III Newporter North Type Residential View Park Open Space, Natural Areas and Future Roadway Right -of -Way Total STATISTICAL ANALYSIS Acreage Area (Net) DU/AC Du 1 30.0 7.1 212 2 4.0 0 3 55.2 89.2 i 0 0 212 12/31/91 SECTION II DEFINITIONS 1. Streets - Reference to streets within the Newporter North development shall mean either public or private streets. Design of streets shall meet City of Newport Beach standards 2. Bluff - As used in this document, "bluff" is any natural landform having an average slope of 26.6 degrees (50t) or greater, with a vertical rise of twenty-five (25) feet or greater. 3. Viewoark - For purposes herein, a viewpark represents an area of natural character with provision of a pedestrian/bicycle pathway and passive viewing areas. 8 12/31/91 SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 1. PERMITTED USES a. Townhouses b. Condominiums C. Apartments d. Single-family detached units. e. Model homes and sales offices f. Recreational uses ancillary to residential uses. 2. SITE DENSITY Residential development area shall not exceed thirty (30) acres with allowance for 212 dwelling units. 3. MAXIMUM BUILDING HEIGHT The maximum height of all buildings shall be thirty-two (32) feet measured in accordance with the City of Newport Beach Municipal Code and determined from the finished grade approved in the site plan review and subdivision approval. 4. SETBACKS FROM MAJOR STREETS Street Setback from Ultimate Right -of -Ray Line Jamboree Road Minimum 35 feet to property line. San Joaquin Hills Road Minimum 35 feet to property line. G� 5. SETBACKS f y / /v rd , Front vard Uv Fro any public or p Nate street the minimu uilding setbac hall be fiv (5) feet from rig h f-way or curb, whi ver is reater. 0-c3a garages ' th direct from five (5) to se (7) average of twenty (20) et — _the. -eve . back of sidewalk. minim measured f=b of curb__ a ss shall be setback eet average or a minimum measured 4r-em­ha�cak­ef � r1T,l c tuvueted; from \V/ um o hteen (18) feet sietew - 3d, from back oi'' be permit d with roll -up or other type approv by the City Traffic Engineer. g-sgaees-need--Wotan 0 -� k shall doors • 0 b. Side Yard Where property lines are created a minimum fiv, (5) foot side yard setback shall be required. A, Architectural projections may be permitted ject to he Newport Beach Municipal Code. Zero (0 foot tback will be permitted where a minimum ten (10) feet 1 bu' lding to building setback is providedd' UM (ems �J 1 }o( � Laf e, O' ty a S¢�}—iDc�sy SfZu��f C. Rea and �?je_ �jY6lit Where roperty lines are created a m' imum of ten (10) �0 X feet re yard setback shall be re red. Architec ral projections may be pe itted subject to the Newpo B Municipal Code. Decks and balconies Q t)� greater tha 8' above grade may tend into the rear CP yard setbac up o 3 f � A� 6. COASTAL BLUFF SETBA KS -�w 'OGt-r` 49�-ZO'440 The property line se ack from the edge of a bluff shall be -t,- V located no closer to tXie edge of a bluff than the point at 5(oppi which the top of the bl ff is in rsected by a line drawn Y from the solid toe of th bluff t an angle of 26.6 degrees to the horizontal. In no ci located closer than forty bluff. pv, as v�,? VO STREETSe4 S CS A Interior streets shall be may be 32 feet with p side or 36 feet with sides. Street widths Sidewalks are req system. / a. Access dri maintain a parallel A and serving hall a property line be feet from the edge of 4P �um width of feet. �8- sion of p& 1 be measu as a part park},, Streets 1 parking on one el parking on both from c3�,-�loJY_.�t1Y�O interior circulation 1bo� 2� driveways serving par 'ng lots shall m travel way width of eet with no allowed within the travel Y. four or m re dwelling units all �trave y of 24 fe Dri ays fou wel ing unitshall in in a travel way of 16 fedt_paral in the travel way in `ei her case 10 12/31/91 8. 9. Driveways between rows of back -out perpendi parking shall maintain a minimum travel way feet. Driveways between rows of covered ba parking (carports) shall maintain a minimum width of 28 feet. Driveways between rows o shall maintain a minimum travel way width measured from garage face to garage facye�yg�l b. Street DesignIV"���o��c�� DP within t CVA'der/j�criteria "Design edition he Planned Community Dist as specified by the City Criteria for Public Works within the Planned Community D in compliance with the private City of Newport Beach. LANDSCAPING Project landscape concepts are maximization of views from res greenbelt concepts are encoura shall be submitted as a part o subdivision approval. PD r_al PARKING Standards shall provide a. b. A minimum of a.r unit, imelt2ds parking shall be minimum rate of be provided on tr aprons (minim 201 to the City Tr ffi may be provid d on shall open t of 24 �ravet way garages 28 feet, it c conform to onea a - private streets shall be designed standards of the tended to allow for ential areas. Interior d. A landscape concept plan site plan review and s�-r" � 57--. S t s V—M&A- V)0, Me, m ees " ing spaces shall be provided per Cd-sgase. In addition, guest r v'ded within the development at a �s ace per unit. Guest parking may eet, in parking bays, or on driveway in depth), in a manner acceptable c Engineer. one of the guest spaces the driveway. A minimum f two (2)ga ar ge pa provided er unit. In addition provided within the development two (2) spaces per unit. Guest on str et, in parking bays, or 11 rking spaces shall be , guest parking shall be at a minimum rate of parking may be provided on driveway aprons 12/31/91 (minimum 20 feet in depth), in a manner ac ptable to the City Traffic Engineer. One of the gu t spaces may be provided on the driveway. 10. FENCES, HEDGES AND WALLS Fences shall be limited to a maximum hei t of eight (8) feet, measured from finished grade. Wh a the fence is required to protect a swimming pool, t fence shall be constructed so as to meet the require nts of the Uniform Building Code for pool safety. Wing ails, where an extension of a residential or access ry structure, may be six (6) feet in height. At street 'ntersections (to include driveway intersections with street no such appurtenance shall exceed thirty (30) inches i height above street pavement grade within the triangl bounded by the right-of- way lines and a connecting line raven between points thirty (30) feet distant from the inte ection of the right-of-way lines prolonged. _` ,`(� C9d' C'- ��SI wC� A- V06 D e'ugveA EA- 12 12/31/91 GREATER DISTANCE OF TWO CASES WILL APPLY MIN PROPERTY LINE MK PROPERTY LINE SETBACK TOP OF BLUFF MIN. BUILDING LINE SETBACK h pao��°� TOE OF BLUFF ( - ADAMS • STREETER CIVIL ENGINEERS INC. ins �.uunr.. kAw. CA 1)3? •QI/)414.2))0 BLUFF SETBACK CRITERIA PER CITY OF NEWPORT BEACH GENERAL PLAN JANUARY 2; 1991 SECTION IV SIGNS A sign program for Newporter North, approved by the Irvine Company shall be submitted for review and approval by the Planning Commission. 14 12/31/91 0 • SECTION V. SITE PLAN REVIEW A. Purpose 0 14 D. The effect of this section is to establish a Site Plan Review procedure for Newporter North to insure that the project conforms to the objectives of the General Plan. Findings The Site Plan Review procedures contained in this section promote the health, safety and general welfare of the community by ensuring that: (1) Development of Newporter North will not preclude implementation of specific General Plan objectives and policies. (2) The value of property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features. Application Site Plan Review approval shall be obtained prior to the issuance of a Grading Permit or a Building Permit for any new structure, including fences, and the establishment of grade by the Planning Commission or the City Council in accordance with Section 20.02.026. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: (1) A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking, landscaped areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off-street parking areas, the location of each parking space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. (2) A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. 15 12/31/91 11 (3) Grading plans to ensure development properly related to the site and to surrounding properties and structures. (4) Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. (5) Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. (6) Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. Fee The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under Chapter 20.01.070. (Ord. 1686, § 11 1976) F. Standards The Site Plan Review procedures established for Newporter North shall be applied according to and in compliance with the following standards: y (1) Sites subject to Site Plan Review under the provisions of this section shall be graded and developed with due regard for aesthetic qualities of the natural terrai Back Ba and landscape, giving special sidera waterfront resources and unique landforms such as coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed; (2) No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council, on review or appeal, finds that the benefits outweigh the adverse impacts; (3) Residential development shall be permitted in areas subject to noise levels greater than 65 CNEL only where specific mitigation measures will reduce noise levels in exterior areas to less than 65 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less; 16 12/31/91 • 0 (4) Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development; (5) Development shall be consistent with specific General Plan policies and objectives, the adopted Circulation Improvement and Open Space Agreement, and shall not preclude the implementation of those policies and objectives; (6) Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, and sensitive resources; (7) Archaeological and historical resources shall be Protected to the extent feasible or appropriate mitigation measures shall be implemented. G. Procedures regarding Public Hearing notification and Planning Commission and City Council actions shall be pursuant to Chapter 20.01.070. 17 12/31/91 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST _ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT KTRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING DEPARTMENT X PARKS & RECREATION _POLICE DEPARTMENT MARINE SAFETY X GRADING Date: Map 15, 1992 X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: The Irvine Co. FOR: Amendment No. 765 (Newporter North - Newporter Knoll) DESCRIPTION: Request to adopt PC Text to establish land use regulations. LOCATION: That portion of Block 55 of Irvine's Subdivision, as shown on a map recorded in Book 1 Page 88 of Miscellaneous records map. REPORT REQUESTED BY: May 22, 1992 COMMISSION REVIEW: June 4, 1992 ., R 10 " - 4 saAR &alt wx CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST _ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING DEPARTMENT X PARKS & RECREATION _POLICE DEPARTMENT _MARINE SAFETY X GRADING Date: May15, 1992 X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: The Irvine Co. FOR: Amendment No. 765 (Newporter North - Newporter Knoll) DESCRIPTION: Request to adopt PC Text to establish land use regulations. LOCATION: That portion of Block 55 of Irvine's Subdivision, as shown on a map recorded in Book 1 Page 88 of Miscellaneous records map: REPORT REQUESTED BY: May 22, 1992 COMMISSION REVIEW: June 4, 1992 b. Side Yard Where property lines are created a minimum five (5) foot side yard setback shall be required. Architectural projections may be permitted subject to the Newport Beach Municipal Code. Zero (0) foot setback will be permitted where a minimum ten (10) feet building to building setback is provided. C. Rear yard Where property lines are created feet rear yard setback shall be Architectural projections may be the Newport Beach Municipal Code greater than 18" above grade may yard setback up to 3 feet. 6. COASTAL BLUFF SETBACKS a minimum of ten (10) required. permitted subject to Decks and balconies extend into the rear The property line setback from the edge of a bluff shall be located no closer to the edge of the bluff than the point at which the top of the bluff is intersected by a line drawn from the solid toe of the bluff at an angle of 26.6 degrees to the horizontal. In no case shall a property line be located closer than forty (40) feet from the edge of a bluff. 1n 7. STREETS 0 V _�o�_min3�tum-width-of-2 a,e�—A--2-8 --foDt-width-shal-l-not a-1-l-ow for-para-lle-l-parki-ng: Streets sidb3feet with provision oparallel parking eor36feetwithprovisionofparallelparking on both sides. Street widths shall be measured from curb -to -curb. Sidewalks are not required as a part of interior circulation system. a. Private Drives Access drives and driveways serving parking lots shall maintain a minimum travel way width of 24 feet with no parallel parking allowed within the travel way. Driveways serving four or more dwelling units shall maintain a minimum travel way of 24 feet. Driveways serving less than four dwelling units shall maintain a minimum travel way of 16 feet. No parallel parking is allowed in the travel way in either case. 10 12/31/91 6 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST _ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING DEPARTMENT X PARKS & RECREATION _POLICE DEPARTMENT _MARINE SAFETY X GRADING Date: May 15, 1992 X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: The Irvine Co. FOR: Amendment No. 765 (Newporter North - Newporter Knoll) DESCRIPTION: Request to adopt PC Text to establish land use regulations. LOCATION: That portion of Block 55 of Irvine's Subdivision, as shown on a map recorded in Book 1 Page 88 of Miscellaneous records map. REPORT REQUESTED BY: May 22, 1992 COMMISSION REVIEW: June 4, 1992 COMMENTS: <; l-)E YAA b k 59,ej '! m,. aid DLO( f_ i, M-MAM111 M-0 r CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST _ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING DEPARTMENT X PARKS & RECREATION _POLICE DEPARTMENT _MARINE SAFETY X GRADING Date: May 15,199 X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: The Irvine Co. FOR: Amendment No. 765 (Newporter North - Newporter Knoll) DESCRIPTION: Request to adopt PC Text to establish land use regulations. LOCATION: That portion of Block 55 of Irvine's Subdivision, as shown on a map recorded in Book 1 Page 88 of Miscellaneous records map. REPORT REQUESTED BY: May 22, 1992 COMMISSION REVIEW: June 4, 1992 COMMENTS AA&E CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST _ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING DEPARTMENT X PARKS & RECREATION _POLICE DEPARTMENT _MARINE SAFETY X GRADING Date: May 15, 1992 X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: The Irvine Co. FOR: Amendment No. 765 (Newporter North - Newporter Knoll) DESCRIPTION: Request to adopt PC Text to establish land use regulations. LOCATION: That portion of Block 55 of Irvine's Subdivision, as shown on a map recorded in Book 1 Page 88 of Miscellaneous records map. REPORT REQUESTED BY: May 22, 1992 COMMISSION REVIEW. June 4, 1992 COMMENTS: Signature: