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Home My WebLink AboutFTM15243_NEWPORTER NORTH*NEW FILE* FTM 15243 • Planning Commission Meeting December 8, 1994 Agenda Item No. 8 SUPPLEMENTAL REPORT CITY OF NEWPORT BEACH TO' Planning Commission FROM: Planning Department SUBJECT: A Tentative Man of Tract No 15011 (Public Hearing) AND B. Site Plan Review No 70 (Public Hearing) Revised Conditions for Approval The Public Works and Planning Departments have met with the applicant, and several revisions to • proposed conditions for approval have been agreed to. The revised conditions, in strike -out and underline format are attached (Attachment 1). Response to Comments The review period for the Negative Declaration has closed, and comments have been received. The comments, with responses are attached (Attachment 2). PLANNING DEPARTMENT JAMES D. HEWICKER, Director By. ahif 8.. Patricia L. Temple Advance Planning Manager Attachments: 1. List of Revised Conditions for Approval 2. Response to Comments • PLT».VLANMWAnY.TTMPRI27M1501LDOC 0 TO: Planning Commission - 2. Attachment 1. EXHIBIT "A" • FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL DOCUMENT TENTATIVE MAP OF TRACT NO.15011 SITE PLAN REVIEW NO.70 A Environmental Document Findings: 1. That CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. Among several uses the program EIR can provide the basis in an Initial Study for determining whether the later activity may have significant effects (CEQA Guidelines, section 15168, subd,(d).) 2. CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or in the case of a mitigated negative declaration any effects which cannot be eliminated or reduced to a level of insignificance. (Guidelines, section 15070. subd.(b) and 15153, subd.(c).) 3. The Initial Study analyzed the proposed site plan and tentative map for the Upper-Eastaways NeWorter North residential development based on information contained in the previously certified 1992 Final CIOSA Program EIR and any new information which has become available regarding the project. 4. The assumptions and conclusions of the 1992 Final CIOSA Program EIR have been found to be valid and appropriate for use in evaluating the current proposal. The Initial Study has found that there are no new potential significant adverse impacts which cannot be eliminated or mitigated to a level of insignificance. Mitigation Measures: 1. That all mitigation measures applicable to the project set forth in Final Environmental Impact ReportNo.148 be complied with as set forth in the approved mitigation monitoring program 2. The City of Newport Beach shall provide adequate parking if nNaW for the bluff top park area on Newporter Noih. A specific parldng plan shall be prepared concurrent with preparation of park facility plans for the view park. Parking shall be convenient to either trail access. 3. Prior to the acceptance of the slopes facing San Joaquin Hills Road by the City, the lower portions of the slope shall be stabilized in a manner acceptable to the City Grading Engineer and the Public 3 Works Department. If remediation techniques other than slope reconstruction are proposed, applicant shall fund an independent, third party analysis of all geotechnical information, with the TO: Planning Commission - I • consultant to be selected by and responsible to the City. This study shall be used by the City to verify the adequacy of the slope stabilization program to maintain the stability of all slopes dedicated to the City for the foreseeable future. 4. To prevent the accidental intrusion of grading and construction activity extending beyond the 60 foot contour above John Wayne Gulch, a temporary barrier that will function as both a visible warning to construction crews and a physical barrier against construction activities shall be installed along the 60-foot contour prior to construction of any grading or site preparation and shall be remain in place until all such activities have ceased (including installation of landscaping). S. The manufactured slope along the southern edge of the project paralleling John Wayne Gulch shall be planted in native coastal sage scrub vegetation. The coastal sage scrub will act as a visual barrier for wildlife using John Wayne Gulch. 6. The 6 foot high wrought iron fence proposed along the edge of residential lots at top of the manufactured slope shall be constructed with the lower half of the fence comprised of a solid masonry material. This design will decrease the amount of noise from the development effecting wildlife using John Wayne Gulch. The top of the fence may be any material including wrought iron, plexiglass, etc. 7. The detention basin (Proposed Basin No. 2) shall be created with a soft bottom to permit percolation, thus lessening the amount of water flowing directly to John Wayne Gulch. The detention basin shall be divided into cells and each cell shall be planted with freshwater emergent vegetation. Directing runoff through this vegetation will be effective in cleaning the urban runoff prior to its release into John Wayne Gulch. The cells shall be maintained and cleaned periodically. A manual detailing maintenance guidelines for the detention basin cells shall be prepared prior to issuance of a grading permit for the retention basin. This manual shall be approved by the City of Newport Beach Planning and Public Works Departments in consultation with the California Department of Fish and Game and U.S. Department of Fish and Wildlife. The wetland habitat created in the detention basins should not be construed as mitigation for impacts to jurisdictional wetlands because necessary periodic cleaning of the cells will be necessary to keep them functioning as designed. S. Prior to the removal of any coastal sage scrub, the U.S. Fish and Wildlife Service, California Department of Fish and Game, and the County of Orange shall be notified of the proposed removal. All removal of coastal sage scrub shall be done in accordance with Natural Communities Conservation Plan guidelines. Verification of this consultation and adherence to the NCCP guidelines shall be provided in writing to the City of Newport Beach prior to issuance of any clearing or grading permit for the area which will effect the coastal sage scrub -habitat. 9. Coastal sage scrub vegetation shall be removed outside of the breeding season of the California Gnatcatcher. All removal, clearing, and grading in the area shall occur in the period between August 15 and February 10. Any removal of wetlands related to the shear key and cutoff trench shall be done at the same time. �Y� TO: Planning Commission - 4. 10, Coastal sage scrub which will not be directly impacted by removal shall be protected with orange • snow fencing (or similar material). Silt fending shall be installed in places where grading will occur within 10 feet of the edge of bluff. 11. A qualified biological monitor shall be present during all activities related to the removal of coastal sage scrub and grading/clearing in area adjacent to coastal sage scrub. This monitor shall be approved by the City of Newport Beach. The monitor shall have the authority to stop any activities which are intruding into coastal sage scrub habitat. 12. Coastal sage scrub habitat shall be removed from east to west to allow the CalTornia Gnatcatcher to disperse into other adjacent areas of coastal sage scrub. 13. After slope stabilization measures are completed, coastal sage scrub revegetation shall be implemented following all applicable agency guidelines. Coastal sage scrub shall be replaced at the same location from which it is being removed, both on the manufactured slope and natural flat bluff edge near the blufftrail. Revegetation shall take play on the manufactured slope from Lot 34 to Lot 38 and on the natural bluff top below the manuhztured slope from point 150 feet west of Lot 28 to Lot 38. A conceptual restoration/revegetationplan shall be designed and approved prior to issuance of a grading permit. Coastal sage scrub that is removed from the site shall be used for revegetation on. site to ensure species composition integrity on the site. Any supplemental seed mixture that may be • used in the revegetation area shall be of the same species and planted in the same ratio as shrubs found currently on site. 14. In the vicinity othe wetlands, the proposed bluffttaii shall be designed along the general vicinity of an existing footpath which sIdts the northern edge of the wetlands. This will mlinimi impacts to the wetland in the vicinity of the bluff trail. 15. Wetlands buffers shall be provided to protect wetlands areas consistent with the CIOSA Agreement, and California Department of Fish and Game and Coastal Commission requirements. 16. The following recommendations shall apply to manufactured slopes behind Lots 20 to 53 including the north slope of the access road, Lots 151 to 168, and the western slope of the detention basin. (Latin names for all listed species are contained in the supplemental biological assessment on file with the City ofNewport Beach). a) Ground saltbusb, or Australian saltbusb, is non-native and highly invasive. It shall be eliminated or replaced with quail brush or four -sing saltbush. Both of these species are native to Newport Bay. b) Eucalyptus trees tend to be invasive and produce allelopathic chemicals that inhibit growth of other plants. Eucalyptus trees shall be eliminated and replaced with Mexican elderberry or coast live oak. Both species are native. ah,� 1 7 ' T0: oPlanning Commission - 5. • c) Myoporum and acacia, both non-native and invasive, shall be eliminated or replaced with Mexican elderberry or lemonadeberry. d) Japanese honeysuckle shall be eliminated and replaced with southern honeysuckle, a native plant. e) Rockrose, lantana, and pride of madeira shall be eliminated or replaced with natives such as bladderpod, monkey -flower, royal penstemon, and silver lupine. f) Other acceptable groundcover species are miniature lupine, blue -eyed -grass, blue dicks, and purple needlegrass. 17. That mitigation measure number 78 of the CIOSA Agreement is modified, as follows: Prior to the approval of the final tract map and/or a park development plan (whichever comes first), a City -approved biologist shall be retained at the developers expense, to further estimate the potential for human and pet intrusion into the coastal sage scrub habitat on the Newporter North site. Based on this estimate, the biologist shall assess whether this estimated level of intrusion would significantly effect the gnatcatcher population on site. This study shall include, at a minimum, a current literature search and review of all current research and studies related to the issue of human and pet intrusion into sensitive habitat areas including coastal sage scrub habitat and an updated survey of the current gnatcatcher population on site. Additional fieldwork shall be conducted if recommended by the biologist to determine the • potential for significant impacts from human and pet intrusion. If the level of the expected intrusion is considered of sufficient magnitude to significantly impact the California gnatcatcher population on site, mitigation measures shall be designed and placed as conditions on the residential project and the future park development to reduce the impact to the extent feasible. Such design and operational measures could include perimeter fencing, homeowner and community education programs about the potential impact of cats on wild birds, programs for trapping and removing problem animals, relocation of proposed trails within the open space area and provision of appropriate landscaping materials. Tentative Mao of Tract No. 15011: Findings: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That grading and drainage improvements are required along the bluff top trail in order to • prevent continued erosion of the natural bluffs. NU, TO: Planning Commission - 6. 4. That the access drive is required at San Joaquin Hills Road and "G" Street for maintenance, emergency rescue and police patrol access to the bluff top area. 5. That the traffic signal will need to be modified at Jamboree Road and Santa Barbara Drive with the construction of an entrance into the tract. Conditions: 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subardcle 18. That prior to recordation of the final map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 2. That all improvements be constructed as required by Ordinance and the Public Works • Department, 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a grading or building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the design of the private streets and drives conform with the City's Private Street Policy (LA), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 32 feet parking one side and 36 feet parking both sides. That the entrance drive into the development, Lots "A", "D" & "E" to "E" Street have a mmunum curb to curb width of 36' with parking one side, and 40' with parking both sides. That the proposed tract entrance line up with the existing Santa Barbara Drive intersection with the design to be approved by the City Traffic Engineer. That the location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer.• �'1 10 TO: Planning Commission - 7. • 7. That the intersection of the private streets and drives be designed to provide sight distance for a local street in conformance with City standard 110-L. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval -of the Traffic Engineer. 8. That the California Vehicle Code be enforced on the private streets and drives, and that all traffic control devices shall be shown on a plan approved by the Public Works Department, 9. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. The entrance shall have a minimum of 2 lanes entering and 2 lanes exiting the development, a 12' wide left turn lane and an 18' wide lane for straight through and right turn movements unless otherwise approved by the Traffic Engineer. The design shall be reviewed and approved by the Public Works Department and Fire Department. The controlled entrance location may be modified from that shown on the site plan based upon future technical studies. 10. That easements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map unless otherwise approved by the Public Works Department. • 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 12, That a 6' wide pedestrian trail on an 8'-graded -bench fit to the natural terrain be constructed along the northerly side of John Wayne Gulch between the end of the bluff top trail Beek -Bay Drive and Jamboree Road with the design to be approved by the Public Works Department, the Community Services Department and the Planning Department. The trail surface shall be decomposed granite or similar firm walking surface. The trail shall be designed to meet anv jurisdictional reouirements of the US. Fish and Wildlife Service the California Department of Fish and Game and the California Coastal Commission The trail plans can be processed separately from the residential tract plans. 13. That a 12 foot wide bluff top trail shall be constructed with a connection on the north at San Joaquin Hills Road and a connection on the south to a pedestrian trail along John Wayne Gulch and the southerly access road extending from "G" Street. The City shall pay for the difference in cost between 8 foot and 12 foot trail. The trail shall be structurally designed to handle maintenance and emergency vehicular traffic. The Trail shall be located a minimum of 15 feet from the top of proposed slope. The design of the trail shall include provisions for lighting and be approved by the Public Works Department, General Services Department, Utilities Department, Fire Department, Police Department and the Community Services Department. That the landscaping between the trail and the tract be maintained by the • Developer/Homeowners Association. The trail shall be designed to meet any jurisdictional ree uirements of the US, Fish and Wildlife Service the California Department of Fish and Y' TO: Planning Commission - 8. 14. That the bluff top open space area and the pedestrian trail shall be designed to convey the drainage away from the top of slope to be picked up by A the private storm drain system to be constrmrr 'by the develooer maintained by the QX asseeiatien. All landscaping inland of the bluff top trails shall be planted and maintained by the developer/association. An agreement shall be required for maintenance of the landscape and4Wmage-system and approved as to fort by the City Attorney's office. 15. That the sidewalk along San Joaquin Hulls Road be reconstructed to a 12' width between Jamboree Road and the bluff top trail connection at San Joaquin Hills Road. The design of the connection shall be reviewed and approved by the Public Works Department. 16. That right-of-way be dedicated and Jamboree Road be widened to provide a minimum roadway width of 48' between the double left turn lane at Santa Barbara Avenue and the westerly curb and a IT wide sidewalk. That the sidewalk along the Jamboree Road frontage be reconstructed to a IT width to match the IT sidewalk south of the development and that street lights be constructed along the Jamboree Road frontage. That the median island be modified to provide a 200 foot long northbound left turn pocket. The design of these improvements shall be reviewed and approved by the Public Works Department. These improvements shall be completed prior to occupancy of the first residential unit, excludin. models. 17. That a bus turnout and shelter pad be constructed on Jamboree Road just south of Santa Barbara Drive as approved by the Public Works Department and the Orange County Transit Authority. 18. That Jamboree Road shall be restriped to provide clear ingress and egress to the site. 19. That the gmdi construction access to the development shall be from San Joaquin 1-Ulls Road; that the last 100' of haul road adjacent to San Joaquin 011s Road shall be paved with asphalt with another 100' of aggregate adjacent to the asphalt to clean truck tires unless an alternate plan is approved by the Public Works Department. A plan for clearing the trucks must be approved by the Traffic Engineer. After the comtgtion of roadway improvements 20. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 21. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. Existing on -site corrugated metal pW (C.M.P.) drainageOr q Ni TO: Planning Commission - 9. • pipe shall be replaced with reinforced concrete nice (R.C.P.) unless otherwise approved by the Public Works Department. The condition includes all areas covered by the subdivision map. Unused C.M.P. shall be removed or filled and abandoned in place to minimize environmental damage, 22. That the Hydrology for the development include additional drainage that will be created from expansion within Newport Center. 23. That a 20' water, sewer and storm drain easement be provided at the southerly end of the development under a graded access road between "G" Street and Jamboree Road. That the easement be paved with an all weather access road as approved by the Public Works Department and Utilities Department. 24. That the water serving the proposed tract shall be a looped system to Jamboree Road with one connection at Santa Barbara Drive and the other connection from "G" Street by way of a 20' easement for water, sewer and storm drain purposes. The design of the system shall be reviewed and approved by the Utilities Department and Public Works Department. 25. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Utilities Department, Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the • City's Utilities Department. 26. That the proposed southerly sewer connection into Jamboree Road be relocated so that it is not constructed through the proposed retention basin. The location of this line shall be approved by the Utilities Department and the Public Works Department 27. That County Sanitation District fees be paid prior to issuance of any building permits. 28. That the Public Works Department plan check and inspection fee be paid. 29. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Jamboree Road right-of-way. 30. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. • 31. That the Coastal Bluff property line setback from the edge of the 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 TO: Planning Commission - 10. 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. 32. That the landscape plans shall be subject to the review of the Public Works Department and General Services Department and any landscaping adjacent to or within the view trails and parks shall be subject to review by the Community Services Department. 33. That all above grade utility enclosures shall be located in such a manner as to provide a minimum 410" clear width sidewalk on private streets and 8'0" width on public streets. 34. That Lot No's. "R", "U", "V", "X" and_`W' shall be maintained by the Irvine Company/Homeowners Association. 35. That a minimum of two parking spaces per dwelling unit be provided, plus two guest parking spaces per unit. Of the guest spaces, a minimum of one per unit shall be provided on -street or in commonly accessible parking bays. Compliance with this condition may require modification to the tentative map submitted, which may include the addition of a community recreation facility, or a reduction in the number of single family building sites, or the addition of larger lots in parts of the subdivision. 36. An increase in the rate of groundwater recharge related to the proposed development and related irrigation systems may adversely affect bluff stability and increase the current rate of bluff retreat. Plans and recommendations mitigating these effects shall be reviewed and approved by the City Grading Engineer prior to issuance of any grading permits. 37. Minimum fire flow requirement is 1000 Slim at 20 psi residual pressure. 38. The location of all fire hydrants within the subdivision shall be reviewed and approved by the Fire Department. A hydrant shall be provided in the view park in the vicinity of the access road. 39. Comprehensive soil and geologic investigation to provide mitigation recommendations for all gross or surficially unstable existing or proposed on -site or adjoining slopes will be required. 41 Note 10 on the Tentative Tract Ma_n shall be revised to eliminate the reference to a vesting tentative tract map. TO: Planning Commission - 11. • • Site Plan Review No. 70: Findin s• 1. That the development of Newporter North will not preclude implementation of specific General Plan objectives and policies if in accordance with the plans as modified by the condition for approval. 2. That the value of the 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. Conditions: 1. That development shall be in substantial conformance with the approved conceptual grading plan, site plan, floor plans and elevations, except as modified in the following conditions and those imposed on the Tentative Tract Map. 2. That a minimum of two parking spaces per dwelling unit be provided, plus two guest parking spaces per unit. Of the guest spaces, a minimum of one per unit shall be provided on -street or in commonly accessible parking bays. Compliance with this condition may require modification to the tentative map submitted, which may include the addition of a community recreation facility, of a reduction in the number of single family building sites or the addition of lamer lots in parts of the subdivision. 3. That this site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 K of the Newport Beach Municipal Code. PLTAXP5ITLANNWWA=11P=PRUF&C70.D0C n 0 TO: December 8, 1994 Introduction Planning Commission -12. RESPONSE TO COMMENTS NEWPORTER NORTH NEGATIVE DECLARATION CITY OF NEWPORT BEACH Attachment 2. The following contains all comments received during the public review period on the Negative Declaration prepared for the Newporter North project, and the City of Newport Beach's responses thereto. Pursuant to §15132(d) of the CEQA Guidelines, the City has provided responses to "significant environmental points raised in the review and consultation process." For each commentator, the individual comment is summarized, followed by the City's response. Each comment letter is attached. List of Commentators 1. Jennifer M. Winn SPON Steering Committee PAO L 4 n LJ • • TO: Planning Commission -13. LETTER FROM SPON by Jennifer M. Winn dated December 7, 1994 Comment Response 1. We are very concerned about the placement of a 150 foot retaining wall, up to twelve feet in height, that will be visible from Back Bay Drive. The need for this wall is evidently due to the reconfiguration of the development boundary from that assumed in the CIOSA. SPON cannot agree that this is an insignificant impact. In order to mitigate this impact to a level of insignificance, native plant material should be installed below the retaining wall. It should be planted so that the native landscaping will mature to a height equal to the wall along its entire length. This is also consistent with the intent of mitigation measure D, which requires native vegetation to be planted in this area for wildlife mitigation. 2. In order to minimize the visual impact to public open space, we urge you to consider restricting the height of home closest to the bluff. As we noted on the Castaways project, the Program EIR assumed that the units would be attached. Therefore the draft Negative Declaration should discuss the difference between the impact of the Single Family attached and the Single Family detached units proposed by this project. The retaining wall discussed in this comment ranges from 0 to 12 feet in height. It is not 12 feet in height for the entire 150 foot length. It is true that the need for this structure is due to changes in the product type from that originally assumed in the CIOSA Em, but this change has not altered the development area limits established in the Agreement and the P-C Text. As noted by the comment, Mitigation Measure D will require the planting of native vegetation in this area meeting the concern of the commentator. The purpose of this environmental analysis is to determine if the previously certified EIR conclusions would be different in light of the additional level of information available with the subdivision,map and the site plan review. The City is already committed to approve the project within the context of the CIOSA Agreement and the approved Planned Community Text. Whether developed as attached or detached units, the same setback and building height restrictions are applicable. The greatest difference resulting from the change in unit type is a reduction of the overall building mass due to fewer units a being constructed.\3 13 TO: 0 0 Planning Commission -14. 3. What is the assurance that the proposed retaining wall along the southern edge of the site can be stabilized? A measure similar to Mitigation Measure B on page 19 should also be applied to the southern edge of the site. 4. Since the certification of the CIOSA EIR, the operation of John Wayne Airport have changed. The potential impacts of the new procedures on public safety and noise should be discussed. S. SPON commends the applicant for planning to use native plants for landscaping adjacent to the bluff top, However, we believe there are certain critical factors that should be part of the landscape plan in order to avoid adverse impacts of(sle) the Upper Newport Bay Ecological Reserve. In order to best complement the natural character of Upper Newport Bay, the applicant should attempt to create a self-sustaining plant community that will provide some value to wildlife. It appears from Mitigation Measure 0 that this issue is being addressed. SPON also urges that the design of the landscaping between the homes and the trail be planned so as not to invade the more natural community. Since the native plant community will be down slope, and seed from any exotics will tend to drift downward, we hope most of the landscaping along the edge of development will use native plants. During the application of Mitigation Measures 17 and 24, SPON recommends that the biologist address this issue. All mitigation concerning A retaining wall is a stabilization structure. All structures of this nature will be subject to City permits, all engineering calculations and design will be subject to the review and approval of the City's Grading Engineer. Mitigation Measure B addresses a situation where a retaining structure is 19S being proposed. As a result of the change in procedures, no changes to significant public safety or noise impacts or mitigation has occurred. As noted by the commentator, all concerns raised by this comment are addressed in Mitigation Measures 17, 24 and 0. • TO: • Planning Commission - l5. landscaping should specify an irrigation system and maintenance during the period necessary to establish the landscaping. 6. Has a noise study been conducted to verify that the proposed three foot solid barrier (Mitigation Measure E) will be sufficient to compensate for moving development 150 feet closer to the wildlife habitat in John Wayne Gulch? If not, can it be concluded that this will mitigate noise impacts to a level of insignificance? We suggest that Mitigation Measure E be expanded to require such a study and the possible use of a higher barrier (such as the material used along Coast Highway in West Newport) if the study warrants additional measures. Comment is noted, incorporated into the record and will be forwarded to the decision makers. The Mitigation Measure discussed was developed by the City' Biological Consultant, and is consider adequate to address the impact discussed. FROM t RSURtO 714 7210450 . 12.67.1994 1 • p.0. BOX 102 BALBOA ISLAND, CALIFORNIA 92682 December 6, 1994 Ms. Patty Temple City of Newport Beach Planning Department P.O. Box 1769 Newport Beach, CA 92659-1768 Original sent by FAX transmission on December 7, 1994 SUBJECT: COMMENTS ON THE NEWpORTER NORTH NEGATIVE DECLARATION (TTM 15011) Dear Ms. Temple: • On behalf of the SPON steering committee, points that we feel would Improve the envirI would like to call your attention to several minor onmental review Of the Newporter North project. Aesthetics 1. We are very concerned about the placement of a 150 foot long retaining wall, up to twelve feet in height, that will be visible from Back Bay Drive. The need for this wall is evidently due to the reconfiguration of the development boundary from that assumed in the CIOSA. SPON cannot Agree that this is an insiguiricaut impact. In order to installed mitigate this impact to a level of insignificance, native plant material should be order to below We retaining wall. It should be,planned so that the native landscaping will mature to a height equal to the wail height along its entire length. This is also consistent with the intent of Mitigation Measure D, which requires native vegetiition to be toted in pli this area for wildlife habitat 2. In order to minimize the visual Impact to public Open space, consider restricting the height of homes closest to the blufF. As we noted onathe Ca tawe U s s� pp the Program EIR assumed that the units would be attached. Therefore the Draft Negntive Declaration should discuss the difference between the impact of the Single Fanny Attached and the Single Family detached units proposed by this project Earth Resources 3. What is the assurance that the roposed re wall along the southern edge of the site can be stabilized? A measure similar to Mitiga on Measure B on page 19 should also be applied to the southern edge of the site. Noise 4. Since the ce on Wacation of the CIOSA FUR, federal regulations tegardin$ tits operation of JrtT airport have changed. The potential impacts of new operating on procedures public safety and noise should be discussed. ,7j FRrM E RBURTO 714 7210450 12.07.1994 02 P. 2 • Ms. Patty Temple December G, 1994 Page 2 Biological Resources 5. SPON commends the applicant for planning to use native plants for landscaping adjacent to the bluff top. however, we believe there are certain critical factors that should be part of the landscape plan in order to avoid adverse impacts of the Upper NewportBay Ecological Reserve. In order to best complement the natural character of Upper Newport Bay, the applicant should attempt to create a self sustaining plant community that will provide some value to wildlife. It appears from Mitigation Measure O that this issue is being addressed. SPON also urges that the design of the landscaping between the homes and the trail be planned so as not to invade the more natural community. Since the native plant community will be downslope, and seed from any exotics will tend to drift downward, we hope most of the landscaping along the edge of development will use native plants. During the application of Mitigation Measures 17 and 24, SPON recommends that the biologist address this issue. All mitigation concerning landscaping should specify an irrigation system and maintenance during the period necessary to establish the landscaping. • G. Has a noise study been conducted to verify that the proposed three foot solid barrier (Mitigation Measure E) will be sufficient to compensate for moving development 150 feet closer to the wildlife habitat in Jolm Wayne Gulch? If not, can it be concluded that this will mitigate noise impacts to a level of insignificance? We suggest that Mitigation Measure L• be expanded to require such a study and the possible use of a higher barrier (such as the material used along Coast Highway in West Newport) if the study warrants additional measures. In conclusion, SPON would like to commend staff and the applicant on sensitive treatment of Us site, but we urge that the above changes be incorporated into the project. Sincerely, eenniferWiOil Steering Committee cc: Frank Robinson, Friends of Newport Bay Troy Kelly, Upper Newport Bay Ecologic -at Reserve Cheryl Hefiley, State Department of Fish and Game jw/awptnorth-ndcomments ..aeun.aa • The Newporter North site is bounded by Jamboree Road on the east, John Wayne Tennis Club and Newporter Resort on the south, Upper Newport Bay and Back Bay Drive on the west, and San Joaquin I -Tills Road on the north. The residential portion of the site totals 29.7 acres. It is located in the north and central portions of the site. Open space areas are to be established in the southern, western, and northern sections of the site. These areas include the Newporter Knoll (12.0 acres) and John Wayne Gulch and the bluffs and bluff top set back areas along Back Bay Drive and San Joaquin IEUs Road (totaling 33.8 acres). • 3 i t' W NEWPORT DUNES u Fw Exhibit 1 VICINITY MAP Newporter North Site KI �-H Ti • F M JPOAvntmp rn3eoy e►ic Ai #A$N City ofNciiport Beach Planning Department November 7,1994 4 WAR ;-2A Apr-" UkA I FASHION ISLAND M A .N 0V, a�. n U • PROJECT CHARACTERISTICS The applicants are seeking site plan review and approval of a tentative subdivision map for development of 173 single family detached residential units on 29.7 acres, and 59.5 acres of open space pursuant to the Newporter North Planned Community District Regulations adopted in 1992. The concept site plan is provided in Exhibit 2. The site plan depicts 173 single family detached units on typical lots of 4000 square feet. The residential units are expected to range in size from 2,100 square feet to 2,600 square feet. The development is proposed as a fenced, gated community with private streets. A public bluff top trail system is proposed from a point off of San Joaquin Hills Road generally opposite the existing entrance to the Park Newport Apartments. The public trail would be an 8 foot - wide paved trail which would run along the public bluff top setback area wrapping around the bayside edge of the residential development. The trail would terminate at the southwestern edge of residential development overlooking the mouth of John Wayne Gulch and Upper Newport Bay. Future development of the public open space areas by the City of Newport Beach may provide for a continuation of the public trail other areas of the public open space area, but no plans are proposed at this time. Landscaping is proposed along Jamboree Road, at the project entrance at the intersection of Santa Barbara Drive and Jamboree Road, along manufactured slopes facing the public bluff top trail area and • along slopes on the edge of the project above John Wayne Gulch. The landscape concept plan is provided in Exhibit 3. In addition to depicting the landscape concept for interior streets, perimeter landscaping, and the entrance landscape areas, the landscape concept plan also illustrates the general location and design of a proposed public trail system along the bluff edge. The trail is proposed to be 8 feet wide and paved with a subdrain system to prevent storm water from draining over the face of the coastal bluffs. The landscape materials to be used along the bluff trail include native and drought - tolerant vegetation. Exhibit 4 provides the preliminary grading plan for the residential portion of the site. The preliminary grading plan also identifies grading necessary for constructing the public trail system within the bluff top set back area as described in this section. Grading for residential and trail uses is expected to balance on site. Additional grading will also be necessary to provide for bluff stabilization/remediation in the northern portion of the site. This is described in the Earth Resources section below. The proposed storm water drainage system will require construction of a second on -site retention basin to be located on the southeastern edge of the residential development area. The location and design of this facility is depicted on the site and grading plans. A description of the overall proposed drainage system is contained in the Water Resources section below. t NEWPORTER NORTH • WhVMVtTDEAM=FDRNM 'rye' CUIFORNM PA [FI1CHOMES_ TITJ110f IMaM�^• S n PSWAfED FM FRjAM® wr rMI.l4 PINKING TASM ATIUR L: YOt Mf bO W1JbAM Nl�l0.0 X 1� TECIiIJICAL 0 i i C� NEWPORTER NORTH 14EWPOR7 REAM CAUMRMIA CALIFORNUI PACIFIC HOMES_ ®�-l�1 v ry W N IMQIIOI WITI IMIt1L ltC11M IM1 •1!F ®1 MO 111�L •'SYSSfSG• ♦� , /♦ PRELIMINARY nrMmm \ 1, 11 r-1 `J • III. ENVII20NMENTAL EVALUATION PREVIOUS ENVIRONMENTAL DOCUMENTATION/1NCORPORATION BY REFERENCE As discussed in Section I, Project Hstory/Previous Environmental Documentation, a Final Program EIR was prepared and certified in 1992, which addressed the potential impacts of implementing the CIOSA Agreement, which included vesting entitlement on the Newporter North site. The 1992 Final CIOSA Program EIR also considered potential impacts associated with adoption of Planned Community District Regulations for the Newporter North site. The 1992 Final CIOSA Program EIR (SCH # 91041017) also analyzed the potential impacts of developing the Newporter North site based on the level of detail available in the Planned Community District Regulations and the CIOSA Agreement. The project applicant is now seeking approval of site plan review and a tentative tract map pursuant to the requirement of the CIOSA Agreement and adopted Planned Community District Regulations. CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. The program EIR can: • Provide the basis in an Initial Study for detemvning whether the later activity may have significant effects; • • Be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives, and other factors that apply to the program as a whole; • Focus an EIR on a subsequent project to permit discussion solely of new effects which had not been considered before. (CEQA Guidelines, Section 15168, subd.(c).) CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or, in the case of a mitigated negative declaration, no additional effects are identified which cannot be eliminated or reduced to a level of insignificance. (Guidelines, Section 15070. subd.(b) and 15153, subd.(c).) A program EIR specifically can be used for subsequent activities related to the project for which it was certified. If these activities have effects which were not examined in the program EIR, a new Initial Study should be prepared, leading to either an EIR or a Negative Declaration (Guidelines, Section 15168, subd. (c)(1)). This Initial Study incorporates by reference all portions of the Final Program EM which apply to development of the Newporter North site. Each environmental issue section below provides a reference to section(s) of Final Program EIR which pertain to the issue being analyzed. Where 2 0 # ...� practical, a brief summary of the incorporated information is provided. The Final Program EIR is • available for public review during normal business hours at the City of Newport Beach Planning Department at the address provided in Section I above. The following environmental evaluation focuses on determining whether there are any new impacts of the current proposed project which were not considered in the previous 1992 Final Program EIIL Where any new impacts are identified, either changes in the project and/or additional mitigation measures are proposed where necessary to reduce any new impacts to a level of insignificance. Previously adopted mitigation measures were also reviewed as necessary to determine if any modifications are necessary as a result of more detailed information regarding the proposed project and its potential impacts. Will this subsequent activity result in any inrpacts not identified M the cert)7ed program E1R prepared far the project, in the following areas. Yes Maybe No a) Substantial alteration of the present or planned land use ❑ ❑ of an area? Environmental Evaluation -1992 Final CIOSA Program ElR • The 1992 Final CIOSA Program EK Volume I contains an environmental evaluation related to Land Use. This discussion is found on pages 48 to 87 of Volume I of the 1992 Final CIOSA Program EIR The criteria used in the evaluation of impacts are stated on page 69, Volume I of the 1992 Final CIOSA Program EIR. The 1992 Final CIOSA Program EIR concluded that development on the Newporter North site pursuant to entitlements provided in the CIOSA Agreement: • Will not result in a substantial alteration ofthe planned land use of an area. • Will not conflict with the City of Newport Beach General Plan and zoning Ordinance. • Will not disrupt or divide the physical arrangement of the City of Newport Beach. • Will not impact agricultural land. Environmental Evaluation - Newporter North Site Plan and Tentative Tract Man The proposed residential project is in conformance with the land use entitlements provided by the CIOSA Agreement. The proposed project is consistent with the assumptions used in the 1992 Final CIOSA Program EHL The site plan and tentative tract map are consistent with the provisions of the Planned Community District Regulations and the CIOSA Agreement and Addendum. The 173 single family detached homes are a permitted use under the District Regulations, Agreement, and General . 10 • Plan. The proposed site plan meets all height and setback requirements. The site plan identifies a property line setback from the edge of the bluff which meets the requirements of the City of Newport Beach Bluff Top Set Back Ordinance. It is noted that there is a discrepancy in the defined setback requirement for the residential development from Jamboree Drive and San Joaquin I-Hlls Road. The Planned Community District Regulations require a property line setback of 35 feet from the ultimate right-of-way. Constraints maps included in the CIOSA Agreement Addendum describe this setback as a "building setback." The Agreement also states that if conflicts occur, the language of the addendum shall govern. The CIOSA Agreement Addendum includes language regarding the alteration of the "maximum extent of grading for non-public uses" shown on the constraints map only if "City of Newport Beach setback requirements are.met." Therefore, the language of the addendum specifically incorporates the setback requirements of the Planned Community District Regulations. The proposed development as depicted in the site plan and tentative tract map contains setbacks to property line from Jamboree Road and San Joaquin Ells Road that meet the more conservative requirements of the Planned Community District Regulations. Setbacks to property line are equal to or in excess of 35 feet from ultimate right-of-way. No potential land use impacts have been identified as long as all setback requirements are met. • AESTHETICS/LIGHT AND GLARE Will this subsequetrt activity rends hr rnry impacts not identified in the certified Program EIR prepared for the project, ill the following areas: a) The obstruction of any scenic vista or view open to the public? b) The creation of an aesthetically offensive site open to public view? c) Produce new fight and glare? Environmental Evaluation - 1992 Final CIOSA Program EIR Yes Maybe No ❑ ❑ ❑ ❑ ❑ ❑ The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Aesthetics/Light and Glare. This discussion is found on pages 88 to 135 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on page 110, Volume I of the 1992 Final CIOSA Program EIR. �a� •• .t The 1992 Final Program EIR made the following conclusions regarding developing the Newporter . North site pursuant to the CIOSA agreement: • No uses are expected to obstruct public views of a unique natural feature. • No uses are expected to obstruct public views of unique vistas. • The introduction of structures and landscaping will not be offensive to the community • Impacts from new sources of light and glare will not be significant, individually or cumulatively. The 1992 Final CIOSA Program EIR concluded that developing the Newporter North site pursuant to the CIOSA agreement will result in the following two significant unavoidable environmental effects which cannot be avoided if the project is implemented: • Possible stabilization of on -site natural coastal bluffs to provide safe use of public areas on the Newporter North site may result in the alteration of the natural coastal bluffs which are considered unique visual features. This alteration can be partially mitigated but not to a level of insignificance. The CIOSA project, in conjunction %ith other past, present, and reasonably foreseeable future projects, will result in the loss of vacant/open space areas providing visual relief surrounding Newport Bay. Development of the Newporter North site in conformance with the CIOSA • agreement, is considered to incrementally contribute to this loss ofvacant/open space areas. Changes or alterations in the project were required or were otherwise incorporated into the project and Mitigation Measure 1 was adopted which substantially lessened but did not avoid the significant environmental effects identified in the )anal Program EIR. (See attached list of mitigation measures). Environmental Evaluation - Newporter North Site Plan and Tentative Tract Mao The site plan and tentative tract map are consistent with the provisions of the adopted Planned Community' District Regulations and the CIOSA Agreement and Addendum. The 173 single family detached homes are a permitted use under the District Regulations, Agreement, and General Plan. The proposed site plan meets all height and setback requirements. (See setback discussion in Land Use section above.) The location, density and character of the proposed development is consistent with the assumptions of the 1992 Final CIOSA Program EIR. The location of the boundaries of the development area have changed slightly from that assumed in the 1992 Final CIOSA Program EIIL. The size of the area has remained the same (29.7 acres) but slight modifications were made to pull the location of the development edge further back from the coastal bluff edge partially in acknowledgment of adjacent sensitive biological habitat and in recognition of potential slope stability issues. As a result the development edge has moved further towards the John Wayne Gulch but the location of the limits of grading activity is stir within the parameters of biological 12 IS 0 • mitigation measures provided in the 1992 Final CIOSA Program EIR (please see Biological section for further discussion). The edge of the project parallel to John Wayne Gulch will be landscaped in a manner which is compatible with surrounding natural vegetation and which will soften the visual impact of the graded slopes. A retaining wall is proposed along a short portion of the slope edge. The wall will vary in height from 0 feet to 12 feet for a distance of about 150 feet. Portions of this wall will be visible from a short section of Back Bay Drive about 500 feet southwest. The retaining wall is proposed to eliminate the intrusion of the graded slope below the 60 foot contour which was identified as the furthermost point of allowable physical disturbance by Mitigation Measure # 18. The visual impact of this slope and retaining wall is not considered significant. As discussed above in the Land Use section and depicted on the site plan and tentative tract map, the proposed development provides for setbacks along Jamboree Road and San Joaquin hills Road in excess of the minimum setbacks required by the City. For much of project edge along Jamboree Road setbacks to property line is in excess of 150 feet. In addition, the project edge along Jamboree Road will be graded and contoured to form attractively landscaped berms and swales which will gradually rise to heights varying from 10 to 20 feet above the level of Jamboree Road. These berms will partially shield views from Jamboree Road of the residential development. The site plan identifies a property line and building setback from the edge of the bluff which meets the requirements of the City of Newport Beach Bluff Top Set Back Ordinance. Fencing along the bluff • edge property line is proposed as 6 - 8 foot wrought iron fence at the top of slope. The slopes will vary in length and steepness of slope. All slopes will be landscaped. These features will provide protection for the residential properties while allowing for views from the lots and preventing an unattractive 'walled corridor' along the bluff walk. r-I U The applicant is proposing to install landscaping adjacent to and within the public bluff top set back area. On the bluff side of the public trail, drought -tolerant native plants are proposed. On the interior side of the bluff walk, a mixture of native and non-native plants which are compatible with native species are proposed. This area will be permanently irrigated. Preliminary grading, drainage, and landscaping plans for the bluff top set back areas adequately address issues related to minimizing bluff erosion. Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR Development of the residential portion of the Newporter North site, as detailed in the proposed site plan and tentative map, will not create any additional significant adverse impacts related to aesthetics/light and glare. Existing and planned land uses surrounding and near the site are the same as assumed in the 1992 analysis. There have been no substantial changes in the local or regional conditions that would change the conclusions of the 1992 Final CIOSA Program EUL The applicant has provided landscape and grading plans for the bluff top setback area pursuant to adopted Mitigation Measure 1. 13 X'a� TRANSPORTATION/CIRCULATION 011 this subsequent activity result in any impacts not identified in the certified Program FIR prepared for the project, in the following areas. Yes Maybe N a) Generation of substantial additional vehicular movement? ❑ ❑ b) Effects on existing parking facilities, or demand for ❑ ❑• new parking: c) Substantial impact upon existing transportation systems? 0 ❑ d) Alterations to present patterns of circulation or movement ❑ 0 of people and/or goods? e) Alterations to waterbome, rail or air traffic? ❑ ❑ IL Increase in traffic hazards to motor vehicles, ❑ ❑ bicyclists, or pedestrians? Environmental Evaluation -1992 CIOSA Program EIIt The 1992 Final CIOSA Program EIIt, contains an environmental evaluation relating to Transportation/Circulation. A summary of the evaluation is found on pages 136 to 181 of Volume I of the 1992 Final CIOSA Program E1R The traffic study prepared for the Program EIR is contained In Appendix B of Volume II with supplemental traffic data contained in Appendix A of Volume III. The criteria used in the evaluation of impacts are stated on pages 149 and 150, Volume I of the 1992 Final CIOSAProgram EIR. The 1992 Final CIOSA Program EIR made the following conclusions regarding potential impacts associated with implementing the entire CIOSA agreement which includes developing the Newporter North site: • Impacts on daily traffic volumes in the City of Newport Beach and the adjacent cities of Costa Mess, Irvine, and Huntington Beach are considered insignificant. • No significant project -specific impacts related to the City of Newport Beach Circulation Element were identified. • The CIOSA project Including development of the Newporter North site) meets the requirements ofthe City's Traffic Phasing Ordinance (TPO) and the Congestion Management Program. 14 11 • • Implementation of development projects allowed under the CIOSA Agreement, in conjunction with other past, present, and reasonably foreseeable future projects, will impact peak hour traffic volumes. Implementation of standard City policies and mitigation measures contained in the 1992 Final CIOSA Program EIR will substantially lessen potential project -specific impacts to a level of insignificance. However, on a cumulative basis, the implementation of the entire CIOSA project has an incremental but measurable contribution to several intersections in the John Wayne airport area which already exceed the City s ICU criteria with or without the project. The additional traffic generated by the entire CIOSA project combined with traffic generated by other past, present, and reasonably foreseeable future projects is viewed as a cumulative significant impact within the context of ongoing regional growth. • The project will not result in the alteration to waterborne, rail or air traffic. Mitigation measures 2 and 3 (see attached list of mitigation measures) were required with approval of the CIOSA project in 1992. Environmental Evaluation Newporter North Site Plan and Tentative Tract Map Off -site Circulation System Impacts The traffic study prepared for the 1992 Final CIOSA Program EIR assumed the construction of 212 single family attached units on 26 acres of the Newporter North site. As discussed in the project • description section of this Initial Study, the proposed residential project on the Newporter North site now contains 173 single family detached units on 29.7 acres. Trip generation characteristics were compared to determined if the revised project would result in greater impacts than previously identified in the 1992 Final CIOSA Program EIR. Table A provides a summary comparison. As shown, the revised project will generate 1903 Average Daily Trips (ADTs) which is 175 daily trips less than assumed in the 1992 Final CIOSA Program EIR. The proposed project will generate 156 AM peak hour trips and 191 PM peak Hour trips which is 24 and 31 trips less, respectively, than assumed in the 1992 Final CIOSA Program EIR. As a result, the proposed project will not have a greater impact on the local and regional circulation system than identified in the 1992 Final CIOSA Program EIR. The proposed project's contribution to circulation impacts associated with implementing the CIOSA agreement will be slightly reduced. However, all original mitigation measures related to circulation/transportation still apply. No additional mitigation measures are required. Off -site Circulation Improvements and Related Adopted Mitigation Measures The CIOSA Agreement was approved in 1992. Subsequent to approval, the applicant and the City of Newport Beach have cooperated in creating the implementing mechanisms for the Agreement. The financial obligations for circulation improvements under the CIOSA Agreement will be satisfied through the formation and implementation of a financing district to be- called the CIOSA Implementation District. The formation and implementation of the district is in compliance with the 15 t CIOSA Agreement, and will be structured to allow the City to derive the road funding benefits of the agreement in a timely manner with the development of The Irvine Company's property. The City will use its charter city powers to create the CIOSA Implementation District. Once the District has been established, bonds may be sold by the city on a phased basis with the start of construction of each of the properties. The Fair Share Fee payment will be included in the first bond series. Repayment of the bonds will be the obligation of the developed properties, over the life of the bonds. The City has adopted the umbrella financing ordinance which will allow the actual CIOSA implementation District to be established. Final formation of the District is anticipated to occur in early 1995. As part of the creation of the CIOSA Implementation District, the City will prepare a circulation improvement monitoring program pursuant to adopted Mitigation Measure 2 (see attached list of mitigation measures). Pursuant to adopted Mitigation Measure 3 (see attached list of mitigation measures) which requires that the applicant shall construct or post bond for all frontage improvements identified in the Development Agreement, the applicant has identified on the preliminary grading map, grading necessary for ultimate right-of-way improvements to Jamboree Road adjacent to the Newporter North project. The development has been designed with all setbacks measured from the edge of ultimate right-of-way. The applicant will make any necessary frontage improvements along Jamboree Road as required by the City of Newport Beach. TABLE A • NEWPORTER NORTH TRIP GENERATION COMPARISON Assumptions from 1992 Program EIR Revised Project LAND USE SFA* SFD** NUMBER OF UNITS 212 173 AM PEAK IN 42 35 AM PEAK OUT 138 121 AM PEAK TOTAL 180 156 PM PEAK IN 138 121 PM PEAK OUT 85 70 PM PEAK TOTAL 223 191 TOTAL ADT 2,078 1,903 *Single Family Attached; ** Single Family Detached • 16 • On -site Circulation/Parking - Residential Area Consistent with provisions of the Newporter North Planned Community District Regulations, the Newporter North project is proposed to be served by a single vehicular access point at the intersection of Jamboree Road and Santa Barbara Street. An additional 20-foot wide emergency vehicle -only access is proposed from Jamboree Road if required by the Newport Beach Fire Department. This proposed circulation system is essentially identical to that evaluated in the 1992 Final CIOSA Program EIR No new impacts associated with on -site circulation have been identified. No new mitigation measures are required The proposed site plan provides for 706 parking spaces (4.0s spaces/unit). There will be 346 garage spaces (2.0 spaces unit), 126 driveway spaces (.073 spacestunit), and 234 on street spaces (1.35 spaces/unit). This number and type of parking spaces meets the parking requirements set forth in the Planned Community District Regulations (Section III, Subsection 11 .(c.)). These provisions require a minimum of two (2) garage parking spaces per unit and an additional two (2) spaces per unit of guest parking which may be provided on street, in parking bays, or on driveway aprons. The plan as proposed provides for an additional 14 spaces beyond what is required. Consequently, no adverse impacts related to parking are expected as a result of the proposed residential development. No new mitigation measures are required. Off -site Parking - Public Bluff Area • Parking for the public use of the bluff trail is an issue which has not yet been resolved. This issue will be planned and evaluated at the time the City of Newport Beach prepares facility plans for the bluff top passive park. Mitigation has been provided that requires the City of Newport Beach to provide parking for the bluff top park area since access to adequate parking will not be provided through the private gated residential community. Preliminary review of the site indicates that provision of limited parking will be feasible. A. The City of Newport Beach shall provide adequate parking for the bluff top park area on Newporter North. A specific parking plan shall be prepared concurrent with preparation of park facility plans for the view park. Parking shall be convenient to either trail access. Implementation of the project as proposed and the above mitigation will assure that there is adequate, safe access to the bluff top park area. There will be no significant adverse impact related to access or parking. • EARTH RESOURCES Will this subsequent activity result in arty impacts not identified in the certified Program FIR prepared for the project, in the following areas. 17 Yes Maybe No . a) Unstable earth conditions or in changes in geologic ❑ I4 ❑ substructures? b) Disruptions, displacements, compaction or over- ❑ ❑ covering ofthe soil? c) Change in topography or ground surface relief features? 0 0 d) The destruction, covering or modification of any unique ❑ ❑ geologic or physical features? e) Any increase in wind or water erosion of soil, either on ❑ ❑ or off the site? t) Changes in deposition or erosion of beach sands, or ❑ ❑ changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g) Exposure of people or property to geologic hazards, ❑ ❑ �{ such as earthquakes, landslides, mudslides, ground failure, or similar hazards? Environmental Evaluation -1992 Final CIOSA Ptoeram EIIt The 1992 Final CIOSA Program EK Volume I contains an environmental evaluation related to Earth Resources. This discussion is found on pages 271 to 291 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on page 278. Volume I of the 1992 Final CIOSA Program Ellt The 1992 Final CIOSA Program E1R made the following conclusions regarding development on the Newporter North site pursuant to the CIOSA agreement. The Newporter North site is potentially subject to significant adverse impacts related to faulting/seismicity, liquefaction, erosion, bluff7slope instability, compressible/collapsible soil, expansive and corrosive soil, and near surface ground water. Implementation of required mitigation measures mitigate all impacts to a level of insignificance. Adopted mitigation measures 27, 30 - 43 apply to development of the Newporter North site. 18 M 0 0 • Environmental Evaluation - 1992 Final CIOSA Program E1R The size of the development area is substantially similar to that assumed in the 1992 Final CIOSA Program EIR The density and type of development is also the same. The boundaries of the residential development area and limits of related grading have been modified slightly. The edge of development has been pulled back further from the bluff top partially in recognition of areas along the bluffs which are potentially unstable and subject to erosion and partially in recognition of adjacent sensitive coastal sage scrub habitat located on the bluffs. This modification does not alter the findings and conclusions of the 1992 Final CIOSA Program EIR related to geotechnical conditions. A supplemental geotechnical investigation has been conducted by the applicant to address the issue of necessary slope stabilization and remediation in the bluff top setback area on the north side of the project. Slope stabilization/remediation is necessary to protect the bluff top park area and trail and adjacent residential development from unsafe conditions resulting from possible slope failure. Slope stabilization/remediation is also necessary to address possible slope failures/slumps at the base of the bluffs along San Joaquin Hills Road. Potential slope falure/slumps in this location do not necessarily threaten the safety of residential and park areas above, but do cause destruction of sensitive coastal sage scrub habitat, significant erosion effecting water quality in the Upper Newport Bay, and high maintenance/repair costs. The applicants proposal for addressing these issues is outlined in a Leighton and Associates report dated October 26, 1994 and titled "Supplemental Geotechnical Investigation and Remedial Design of • North Facing Slope Adjacent to San Joaquin Hills Road, Newporter North Property, Tentative Tract 15011, City of Newport Beach, California". This report is on file with the City of Newport Beach for review. Briefly, the applicant proposes to construct a shear key, cutoff trench and/or a system of vertical and horizontal drains along the top of bluff along the northem edge of the site. Based on a preliminary review by the City Grading Engineer, this approach appears to adequately address the issue related to potential hazards for the bluff top park/trail area and- adjacent residential area. A more detailed review and approval will be conducted in accordance with adopted mitigation measures and standard City policies. Concern has been expressed by the City Grading Engineer that the proposed solution may not effectively deal with the issue of potential slope failure/slumps on the lower portions of the slopes near San Joaquin Dills Road. To address this concern the following mitigation measure has been added: B. Prior to the acceptance of the slopes facing San Joaquin IEHs Road by the City, the lower portions of the slope shall be stabilized in a manner acceptable to the City Grading Engineer and the Public Works Department. If remediation techniques other than slope reconstruction are proposed, the applicant shall fund an independent, third party analysis of all geotechnical information, with the consultant to be selected by and responsible to the City.- This study shall be used by the City to verify the adequacy of the slope stabilization program to maintain the stability of all slopes dedicated to the City for the foreseeable future. 19 AIR RESOURCES . Will this subservient activity resrdt fit aty irtrpacis not identified In the cert fed Program ER prepared far the project, in the following areas. Yes Maybe No a) Substantial air emissions or deterioration of ambient ❑ ❑ air quality? b) The creation of objectionable odors? 0 0 lf. c) Alteration of air movement. moisture, or temperature, 0 ❑ or any change- in climate, either locally or regionally? Environmental Evaluation -1992 Final CIOSA Program EIIt The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Air Resources. This discussion is found on pages 182 to 195 of Volume I of the 1992 Final CIOSA Program EIR The criteria used in the evaluation of impacts are stated on pages 185 and 188, Volume I of the 1992 Final CIOSA Program EIR. The 1992 Final CIOSA Program EIR made the following conclusions regarding implementing the CIOSA agreement which included developing the Newporter North site: . • Short-term impacts potentially resulting from construction activities are negligible and highly localized. These impacts will be mitigated to a level of insignificance with implementation of standard City policies and required mitigation measures. • Potential emissions resulting from mobile (vehicular) sources, combustion of natural gas, and the generation of electric energy will be mitigated to a level of insignificance with implementation of standard City policies and required mitigation measures. • The project -specific emissions, in conjunction with emissions generated from other past, present, and reasonably foreseeable future project emissions, will contribute to an impact on regional air quality. • The project will not create any objectionable odors. • The project will not alter air movement, moisture, or temperature, or result in any change in climate, either locally or regionally. Adopted mitigation measures 4 - 6, and 9 -11 apply to development on the Newporter North site. • 20 1`' • Environmental Evaluation Newporter North Site Plan and Tentative Tract Map The proposed residential development will contain 39 fewer units than provided for in the CIOSA Agreement and evaluated in the 1992 Final CIOSA Program EIIL This represents a 19% reduction from 212 to 173 units. As discussed in the Transportation/Circulation section, there is a related decrease in the number of average daily and peak hour trips associated with the project. As a result, no additional impacts related to air resources have been identified. The project's contribution to impacts on regional air quality is reduced but not eliminated over that considered in the 1992 Fatal CIOSA Program EIR. There have been no substantial changes in the local or regional conditions that would change the conclusions of the 1992 Final CIOSA Program E1R NOISE Will this suubsequetrt activity result in airy impacts not idelitifued in the certified Program FdR prepared for the project, in the following areas: Yes Maybe No a) Increases in existing noise levels? C C NL b) Exposure of people to severe noise levels? C l7 X • Environmental Evaluation -1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Noise. This discussion is found on pages 196 to 235 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages 196 and 215, Volume I of the 1992 Final CIOSA Program EIR. The 1992 Final CIOSA Program EIR made the following conclusions regarding implementing the CIOSA agreement which Included developing the Newporter North site: • All short-term noise impacts resulting from construction activities will be mitigated to a level of insignificance. • Off -site noise impacts due to traffic generated by development allowed pursuant to the CIOSA agreement (including development of the Newporter North site) are not significant. • On -site noise levels related to traffic on Jamboree Road will potentially exceed acceptable noise standards for residential uses. Standard City policies and required mitigation measures will reduce these impacts to a level of insignificance. All development within the Newporter North site will meet City standards. 21 . r\ • The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will not result in significant cumulative noise impacts. Adopted mitigation measures 12 and 14 (see attached list of mitigation measures) were required with approval of the CIOSA project in 1992 to mitigate noise impacts related to development on the Newporter North site. Environmental Evaluation - Newnorter North Site Plan and Tentative Tract Mao Assumptions related to future traffic volumes and related noise levels along Jamboree Road remain the same as those contained in the 1992 Final CIOSA Program EIR. Some residential units to be located along Jamboree Road will experience noise levels in excess of 65 CNEL. These units will require mitigation as outlined in adopted mitigation measures 12 and 14. The proposed landscaped berms along much of the Jamboree Road frontage may reduce noise levels to acceptable levels for some outdoor living areas and first floor indoor living space. But additional noise attenuation is expected to be necessary to conform to the requirements of adopted Mitigation Measures 12 and 14. \VATER RESOURCES Will this subsequent activity resell in any impacts not identified in the certified Program ELR prepared for the project, in the following areas. Yes Maybe No a) Changes in currents, or the course of direction ofwater 0 ❑ movements, in either marine or freshwater? b) Changes in absorption rates, drainage patterns, or the rate 0 0 and amount of surface runoff? c) Alterations to the course or flow of flood waters? 0 ❑ IA d) Changes in the amount of surface water in any water body? ❑ ❑ e) Discharge into surface waters, or in any alteration of surface 0 ❑ water quality? f) Alteration of the direction or rate of flow of ground waters? ❑ ❑ id g) Change in the quantity of ground waters, either through ❑ ❑ direct additions or withdrawals, or through interception of an aquifer by cuts or excavations: 22 15 • • h) Substantial reduction in the amount of water otherwise ❑ ❑ • available for public water supplies? i) Exposure of people or property to water related hazards ❑ ❑ such as flooding or tidal waves? Environmental Evaluation -1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Water Resources. This discussion is found on pages 292 to 301 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages 295 and 296, Volume I of the 1992 Final CIOSA Program EIR. Additional discussion and analysis on water quality is contained in Volume III, Response to Comments and Addendum, pages 9-10, 57-59, 75-76, and 155- 156. The 1992 Final CIOSA Program EIR made the following conclusions regarding development on the Newporter North site pursuant to the CIOSA agreement, • The project will not create changes in deposition or erosion of beach sands, or change in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet, or lake. • • The project will not alter the direction or rate of flow of ground waters. • The proposed project will not change the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. • The project will not substantially reduce the amount of water otherwise available for public water supplies. • Subsequent to mitigation, the project will not result in significant short term impacts to water quality from construction -related sediment erosion. • Subsequent to mitigation, the project will not result in significant impacts due to increased drainage on an already inadequate drainage system. • Subsequent to mitigation, the proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will not have a significant short term impact on the water quality in Newport Bay due to sediment from construction. • Implementation of all development entitled in the CIOSA Agreement, in conjunction with other past, present, and reasonably foreseeable future projects, will have an incremental long-term impact on water quality in Newport Bay due to increased urban pollutants. 0 23 • � . r a i � a Adopted mitigation measures 44 - 50 and 74 - 77 apply to development on the Newporter North site. Environmental Evaluation NewnorterNorth Site Plan and Tentative Tract Map Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR. The location and limits of development are substantially the same as that assumed in the 1992 Final CIOSA Program EIR. The site plan, tentative tract map, and preliminary grading and drainage plans appropriately reflect issues raised in the 1992 Final CIOSA Program EIR and the adopted CIOSA Agreement. Concurrent with this phase of design and approval, the applicant has prepared a preliminary drainage plan for consideration by the City. This system is described in detail in a letter written to the City of Newport Beach from VanDell and Associates on October 10, 1994. This letter is available for review at the address provided in the introduction. Briefly, the applicant is proposing a system which will utilize both an existing on -site retention basin and a new retention basin to be constructed on the south end of the residential development area. This dual basin system will convey the majority of drainage flows into John Wayne Gulch. A small portion of on -site drainage may still continue to flow from the site through a pipe in the northern slope leading to the San Joaquin Hills Road storm drain. This system is proposed to adequately handle all flows now received on site from off -site drainage flows conveyed from Newport Center as well as increased runoff from within the site. The dual basin system is also expected to be adequate in reducing the amounts of sediments entering the Upper Newport Bay. Preliminary plans for treatment of the blufftop setback area and public trail are sensitive to the issue of existing and increased drainage causing further erosion of the bluff face. Adopted mitigation measures related to these issues will be met as required by the adopted mitigation monitoring plan. Review of the plans do not reveal any new potential adverse impacts related to water quality or erosion. BIOLOGICAL Will the subsequent activity result i» any impacts not previously idwttifted in the certified 1992 Fiat CIOSA Progratu FdR in the folloivingareas? PLANT LIFE. Yes Maybe No a) Change in the diversity of species or number of any ❑ ❑ species of plants (including trees, shrubs, grass, crops, and aquatic plants? b) Reduction of the numbers of any unique, rare, or ❑ ❑ endangered species of plants? 24 t 0 • c) Introduction of new species of plants into an area, or in ❑ ❑ a barrier to the normal replenishment of existing species? d) Reduction in acreage of any agricultural crop? 0 0 ANIMAL LIFE. a) Change in the diversity of species, or number of any ❑ ❑ species of animals (including birds; land animals, including reptiles; fish and shellfish, benthic organisms or insects)? b) Reduction of the numbers of any unique, rare, or ❑ 0 endangered species or animals? c) Introduction of new species of animals into an area, or ❑ ❑ in a barrier to the migration or movement of animals? d) Deterioration to existing fish or wildlife habitat? ❑ ❑ Environmental Evaluation - 1992 Final CIOSA Program EIR • The 1992 Final Program EIR, Volume I contains an environmental evaluation related to Biological Resources. This discussion is found on pages 236 to 270 of Volume I of the 1992 Final Program E1R The criteria used in the evaluation of impacts are stated on pages 253, Volume I of the 1992 Final Program EIR. Volume III of the 1992 Final Program EM, which contains the Response to Comments and Addendum, also contains information related to biological resources and impacts. In particular, responses to comments received from the US, Department of Fish and Wildlife, California Department of Fish and Game, the California Native Plant Society, SPON, and Dr. Jan Vandersloot contain additional information related to biological impacts. The 1992 Final CIOSA Program EIR made the following conclusions regarding developing the Newporter North site pursuant to the CIOSA Agreement. Impacts to California Gnatcatcher habitat on Newporter North resulting from possible bluff stabilization/remediation to erosion control and development of open space uses is partially mitigated, but not to a level of insignificance. The remaining impact is considered significant and adverse. The loss of upland habitat (introduced annual grassland) on the Newporter North site could potentially result in the elimination of coyotes from all or a portion of Upper Newport Bay. This elimination could significantly disrupt key predator -prey relationships in Upper Newport Bay. This loss of upland habitat is considered an unavoidable adverse impact. 0 25 • No significant impacts to sensitive plant species including aphanisma and the southern tarplant were . identified. No significant impacts to sensitive wildlife species (other than the California Gnatcatcher) including the red -shouldered hawk, lightfooted clapper rail, and the California black rail were identified. • Mitigation measures have been provided to mitigate the loss of wetland habitat on Newporter North resulting from access road improvements. This impact is mitigated to a level of insignificance, • No impacts are anticipated to wetlands habitat in John Wayne Gulch. • No impacts are anticipated to coastal sage scrub habitat from development of residential and open space uses due to the habitat being restricted to steep bluff faces which are not feasible for residential development or public use. However, possible stabilization of portions of the bluff slope required to provide a safe public trail could impact small areas of coastal sage scrub. Mitigation has been provided that mitigates this impact to a level of insignificance. Removal of introduced annual grassland of low biological sensitivity is considered an insignificant impact. Implementation of the complete CIOSA Agreement (including development of the Newporter North site) contributes on an incremental level to an overall reduction in the general botanical and • wildlife resources of the area through habitat loss, fragmentation of habitats, interruption of wildlife movement and a reduction of genetic exchange among wildlife populations in the area. This is considered a significant cumulative impact. During public review of the project, concerns were raised by the U.S. Fish and Wildlife Service regarding the impact identified in the 1992 Program BIR related to the possible encroachment near a coyote den located within the Newporter North site. U.S. Fish and Wildlife expressed concern about the impact of this displacement on the ecosystem of Upper Newport Bay. As a result of a meeting between the project proponent and the U.S. Fish and Wildlife Service a mitigation measure (No. 84) was added which adequately addressed the agencies concerns. Adopted mitigation measures 15 -18, 21, 23 - 25, 78, and 83 - 84 apply to development on the Newporter North site. Environmental Evaluation - NewporterNorth Site Plan and Tentative Tract Man A supplemental biological assessment was conducted to assess the possible effects of modifications to the development area, proposed bluff stabilizationtremediation, proposed drainage improvements, and proposed landscape plans for areas adjacent to sensitive habitat areas. This assessment was conducted by Michael Brandman Associates and is detailed in a letter to the City of Newport Beach, dated November 7,1994. This letter report is on file with the City of Newport Beach Planning Department. The assessment included two focused field surveys conducted on October 18 and November 4,1994. The analysis included review of previous biological studies conducted for the 1992 Final CIOSA . 26 \kN . • • • Program EIR, a wetland delineation study conducted by John M. Tettemer in October, 1994, aerial photographs, and geotechnical, drainage, grading and landscape plans submitted by the applicant. John Wayne Gulch John Wayne Gulch is a dominant geographic feature on -site. It supports 6.73 acres of freshwater marsh and 1.04 acres of willow woodland/riparian scrub. The Gght-footed clapper rail (Rallus longirostris levipies), a federal and state listed endangered species, is reported to use John Wayne Gulch as part of its habitat. This species is a resident of the saltwater marsh areas of Upper Newport Bay. The 1992 Final CIOSA Program EIR assumed that the edge of development (edge of residential lots) would be about 250 feet from the edge of the wetland habitat within John Wayne Gulch. However, grading was anticipated to extend beyond that limit for an unspecified distance. To prevent significant adverse impacts on John Wayne Gulch from grading and related activities, adopted mitigation measure # 18 requires that no grading or related grading activity encroach below the 60-contour line running parallel the John Wayne Gulch. This grading activity limits is about 150 feet from the edge of the wetland habitat. The proposed site plan and grading plan were reviewed to determine if there were any changes requiring reevaluation. The limits of grading are within the parameters outlined in adopted mitigation measure 18. The toe of the manufactured slope and retaining wall come up to but do not extend • beyond the 60 foot contour. However, there is some concern about the ability to limit all grading activity (e.g. stockpiling, equipment storage and operations) from the area below the 60-foot contour because grading comes to that contour for almost the entire length of the southern edge -of the project. The following mitigation measure is proposed to address this potential impact. C. To prevent the accidental intrusion of grading and construction activity extending beyond the 60 foot contour above John Wayne Gulch, a temporary barrier that will function as both a visible warning to construction crews and a physical barrier against construction activities shall be installed along the 60-foot contour prior to construction of any grading or site preparation and shall be remain in place until all such activities have ceased (including installation of landscaping). Implementation of this -measure will mitigate any potential impact to a level of insignificance. The edge of the development area along the John Wayne Gulch area is defined as the edge of the residential lots (not including the manufactured slope which will be owned and maintained by the homeowners association). This area essentially defines the area of "human activity" for that portion of the development adjacent to John Wayne Gulch. In the 1992 Final CIOSA Program ER the edge of the development area was assumed to be about 250 - 300 feet from the wetlands. The modified development area now comes to within 150 feet of the wetlands as a result of modifying the development area to pull back from other sensitive habitat areas along the bluffs containing coastal sage scrub and California Gnatcatcher habitat. • 27 • 0 . t S. 11 This closer proximity has raised concems about potential impacts to wildlife species in John Wayne • Gulch from a greater visual and noise intrusion. It is possible that the increased visual and noise impacts could inhibit use of John Wayne Gulch by wildlife, including the light-footed clapper rail. To address this issue the following mitigation measures has been included. D. The manufactured slope along the southern edge of the project paralleling John Wayne Gulch shall be planted in native coastal sage scrub vegetation. The coastal sage scrub will act as a visual barrier for wildlife using John Wayne Gulch. E. The 6 foot high wrought iron fence proposed along the edge of residential lots at top of the manufactured slope shall be constructed with the lower half of the fence comprised of a solid masonry material. This design will decrease the amount of noise from the development effecting wildlife using John Wayne Gulch. The top of the fence may be any material including wrought iron, plexiglass, etc. Implementation of these measures will mitigate any potential impact to a level of insignificance. Another potential effect on John Wayne Gulch could result from the proposed drainage system proposed for the project. The proposed drainage system is described in the Water Resources section of this report. Briefly, the majority of on -site urban runoff and all of the off -site runoff coming from Newport Center will eventually utilize Basin No. 2 as a detention basin. This basin will be constructed on the southeastern, edge of the project, above John Wayne Gulch. The intent is to detain runoff in the basin and allow it to flow into and through John Wayne Gulch. The system appears to be capable of • adequately handling sedimentation, but as currently proposed no measures for handling urban pollutants is evident. There is concern that the increase in urban pollutants in the runoff could adversely effect the wetland habitat in John Wayne Gulch and Upper Newport Bay. To address this issue the following mitigation measures are included. F. The detention basin (Proposed Basin No. 2) shall be created with a soft bottom to permit percolation, thus lessening the amount of water flowing directly to John Wayne Gulch. The detention basin shall be divided into cells and each cell shall be planted with freshwater emergent vegetation. Directing runoff through this vegetation will be effective in cleaning the urban runoff prior to its release into John Wayne Gulch. The cells shall be maintained and cleaned periodically. A manual detailing maintenance guidelines for the detention basin cells shall be prepared prior to issuance of a grading permit for the retention basin. This manual shall be approved by the City of Newport Beach Planning and Public Works Departments in consultation with the California Department of Fish and Game and U.S. Department of Fish and Wildlife. The wetland habitat created in the detention basins should not be construed as mitigation for impacts to jurisdictional wetlands because necessary periodic cleaning of the cells will be necessary to keep them functioning as designed. 28 �Oa\ • Coastal Sage Scrub As anticipated in the 1992 Final CIOSA Program EIR, necessary bluff stabilization/remediation (as described in the Earth Resources section) will impact coastal sage scrub habitat containing California Gnatcatchers. An estimated 1.5 acres of coastal sage scrub will be removed by construction of a shear key and cutoff trench. The coastal sage scrub in the impact area is dominated by California sagebrush, coastal goldenbush, and California sunflower. California Gnatcatchers were located in the area in a 1992 survey and the recent 1994 Mchael Brandman Associates surveys confirmed the findings of the 1992 study. The following mitigation measures are proposed in addition to measures proposed in the 1992 Final CIOSA Program EIR (please see attached list of mitigation measures). G. Prior to the removal of any coastal sage scrub, the U.S. Fish and Wildlife Service, California Department of Fish and Game, and the County of Orange shall be notified of the proposed removal. All removal of coastal sage scrub shall be done in accordance with Natural Communities Conservation Plan guidelines. Verification of this consultation and adherence to the NCCP guidelines shall be provided in writing to the City of Newport Beach prior to issuance of any clearing or grading permit for the area which will effect the coastal sage scrub habitat. H. Coastal sage scrub vegetation shall be removed outside of the breeding season of the California Gnatcatcher. All removal, clearing, and grading in the area shall occur in the period between • August 15 and February 10. Any removal of wetlands related to the shear key and cutoff trench shall be done at the same time. • I. Coastal sage scrub which will not be directly impacted by removal shall be protected with orange snow fencing (or similar material). Silt fencing shall be installed in places where grading will occur within 10 feet of the edge of bluff. I A qualified biological monitor shall be present during all activities related to the removal of coastal sage scrub and grading/clearing in areas adjacent to coastal sage scrub. This monitor shall be approved by the City of Newport Beach. The monitor shall have the authority to stop any activities which are intruding into coastal sage scrub habitat. K. Coastal sage scrub habitat shall be removed from east to west to allow the California Gnatcatcher to disperse into other adjacent areas of coastal sage scrub. L. After slope stabirmtion measures are completed, coastal sage scrub revegetation shall be implemented following all applicable agency guidelines. Coastal sage scrub shall be replaced at the same location from which it is being removed, both on the manufactured slope and natural flat bluff edge near the bluff trail. Revegetation shall take place on the manufacture slope from Lot 34 to Lot 38 and on the natural bluff top below the manufactured slope from point 150 feet west of Lot 28 to Lot 38. 29 NO A conceptual restorationtrevegetation plan shall be designed and approved prior to issuance of a • grading permit. Coastal sage scrub that is removed from the site shall be used for revegetation on - site to ensure species composition integrity on the site. Any supplemental seed mixture that may be used in the revegetation area shall be of the same species and planted in the same ratio as shrubs found currently on site. Wetlands The 1992 Final CIOSA Program EIR identified that about .01 acres of an estimated .25 acres of wetlands near the future project entrance at Santa Barbara Drive would be impacted by the project as a result of the proposed access road. Since the 1992 Final CIOSA Program EIR, the applicant has begun preparation of a formal wetlands delineation study pursuant to adopted mitigation measures and in preparation for obtaining necessary, permits and approvals. Thls wetland delineation study more accurately identified the existing wetlands on -site. According to this study, there is 1.65 acres of wetlands between Jamboree Road and the northern bluff edge. Of this about .27 acres of wetlands will be impacted by the main access road (0.07 acres), bluff stabilization (0.13 acres), and construction of a drainage Swale (0.04 acres). The proposed grading and access plan minimizes the impact on wetlands from construction of the main access road. The road width is the narrowest acceptable to the City and retaining walls will be used where feasible to reduce the encroachment of grading into the wetland. This impact although slightly greater in magnitude than envisioned in the 1992 Final CIOSA Program EIR can be mitigated to a level of insignificance with adopted mitigation measures related to wetland mitigation (see attached list of mitigation measures) and the following additional mitigation measures: M. In the vicinity of the wetlands, the proposed blufftrail shall be designed along the general vicinity of • an existing footpath which skirts the northern edge of the wetlands. This will minimize impacts to the wetland in the vicinity of the bluff trail. N. Wetlands buffers shall be provided to protect wetlands areas consistent with the CIOSA Agreement, and California Department ofFish and Game and Coastal Commission requirements. Landscape Palette Landscaping on the manufactured slopes that overlook the Upper Newport Bay Ecological Reserve and John Wayne Gulch should contain species that will not promote degradation of the natural habitats by the invasion of non-native species. Some of the plants listed in the landscape palette on the proposed landscape plan are non-native plants which are invasive and could spread into the reserve. The following measure is proposed to address this concern. O. The following recommendations shall apply to manufactured slopes behind Lots 20 to 53 including the north slope of the access road, Lots 151 to 168, and the western slope of the detention basin. (Latin names for all listed species are contained in the supplemental biological assessment on file with the City of Newport Beach). 30 • 1. Ground saltbush, or Australian saltbush, is non-native and highly invasive. It shall be eliminated or replaced with quail brush or four -wing saltbush. Both of these species are native to Newport Bay. 2. Eucalyptus trees tend to be invasive and produce allelopathic chemicals that inhibit growth of other plants. Eucalyptus trees shall be eliminated and replaced with Mexican elderberry or coast live oak. Both species and native. 3. Myoporum and acacia, both non-native and invasive, shall be eliminated or replaced with Mexican elderberry or lemonadeberry. 4. Japanese honeysuckle shall be eliminated and replaced with southern honeysuckle, a native plant. 5. Rockrose, lantana, and price of madeira shall be eliminated or replaced with natives such as bladderpod, monkey -flower, royal penstemon, and silver lupine. 6. Other acceptable groundcover species are miniature lupine, blue -eyed -grass, blue dicks, and purple needlegrass. Implementation of this mitigation measures shall mitigate impacts to a level of insignificance. • Coyotes The 1992 Final CIOSA Program EIR identified two potential impacts which could impact the use of Upper Newport Bay by coyotes. The first was loss of upland habitat (primarily introduced annual grassland). Review of the Site Plan and Tentative Tract Map shows substantially the same loss of upland habitat as identified in the 1992 Final CIOSA Program E1R The second potential impact was the encroachment of development and grading in close proximity to an on -site coyote den. The plans in 1992 did not show that the den would be directly impacted and destroyed. However, residential development was proposed sufficiently close to the den that it was assumed that there was a high likelihood that the den would be abandoned. Review of the currently- proposed tentative tract map and preliminary grading plans indicate that grading and development will be much closer to the den than envisioned in 1992 and could very well directly impact the den during grading operations. This increases the certainty that the den will be abandoned and/or destroyed. 0 As discussed above, the applicant met with the U.S. Fish and Wildlife Service in 1992 to discuss the Services concern over this impact. A mitigation was agreed upon. It read as follows: 84. Prior to the issuance of a grading permit for the Newporter North site, the project proponent shall contribute up to $10,000 to complete an Upper Newport Bay coyote Monitoring Study, to be conducted under the direction of the U.S. Fish and Wildlife Service. The study shall be completed prior to the commencement of grading. The study shall include gathering data to establish a pre- 31 �1 construction baseline measurement of the number and frequency of coyotes using the lower portion . of Upper Newport Bay in the vicinity of the NewporterNorth site. If, after commencement of construction, it is demonstrated by the U.S. Fish and Wildlife Service that there has been a significant decrease in the population of coyotes in the vicinity of the Newporter North site, due solely to development of the site, and, this decrease in coyote population has had a detrimental effect on sensitive bird species in the area, the project proponent shall contribute up to $25,000 toward an animal management program to be administered by the Resource Agency managing the Upper Newport Bay Ecological Reserve. The applicant and the U.S. Fish and Wildlife Service have been cooperating in implementing this measure. All parties have recently approved a scope of work and the monitoring study has commenced. HOUSING/POPULATION HOUSING Will this subsequent activity result in any impacts not identified ill the certified Program EJR prepared for the project, in die following areas. Yes Maybe No a) Affect existing housing, or create a demand for additional ❑ ❑ V • housing? POPULATION a) Alter the location, distribution, density or growth rate of ❑ ❑ the human population of an area? Environmental Evaluation -1992 Final CIOSA Program E1R The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Housing. This discussion is found on pages 302 to 311 of Volume I of the 1992 Final CIOSA Program EIR The criteria used in the evaluation of impacts are stated on pages 303, Volume I of the 1992 Final CIOSA Program E1R The 1992 Final CIOSA Program EIR made the following conclusions regarding implementation at the CIOSA agreement. • The proposed project will not alter the location, distribution, density, or growth rrate of the human population of the area. 32 • l�� • • The proposed project will not significantly alter the location, distribution, and density at the City of Newport Beach housing stock. • The proposed project will meet the affordable housing goal and will not create a need for additional housing. • The proposed project will incrementally improve the City's jobs/housing ratio. • No significant cumulative impacts wore identified. No mitigation measures were found necessary. Environmental Evaluation New�orter North Site Plan and Tentative Tract Map The development as proposed is substantially similar to that assumed in the 1992 Final CIOSA Program FIR. Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR. Development of the residential portion at the Newporter North site, as detailed in the proposed site plan and tentative map, will not create any significant adverse impacts related to housing and population. CULTURAL RESOURCES. • Will this subsequent activity result in W;y impacts not identified in the certified Program EIR prepared for the project, in the following areas: Yes Maybe No a) Result in the alteration of or the destruction of a prehistoric ❑ ❑. or archaeological site? b) Result in adverse physical or aesthetic effects to a pre- ❑ ❑ historic or historic building, structure, or object? c) Have the potential to cause a physical change which would ❑ ❑ affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within the potential ❑ ❑ impact area? Environmental Evaluation -1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Cultural Resources. This discussion is found on pages 310 to 331 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages 316 - 317 (for 33 ,t archaeological resources) and page 9 (for paleontological resources), Volume I of the 1992 Final • CIOSA Program ERR The 1992 Final CIOSA Program ERR made the following conclusions regarding developing the Newporter North site pursuant to the CIOSA agreement. • After mitigation, the proposed project will not result in significant impacts to any known archaeological resources. • After mitigation, the proposed project will not result in significant adverse impacts to any currently unknown archaeological or paleontological resources. • The project will not result in an adverse physical or aesthetic effect on a prehistoric or historic building, structure, or object. • The project does not have the potential to cause a physical change that would affect unique ethnic cultural values. • The project will not restrict existing religious or sacred uses within the potential impact area. Adopted Mitigation Measures 51 - 53 and 58 - 61 apply to development on the Newporter North site (see attached list of mitigation measures). • Environmental Evaluation - Newporter North Site Plan and Tentative Tract Man The 1992 Final CIOSA Program EIR identified potential impacts to two sites from development of residential uses on Newporter North. These sites were Ca-Ora-64 and Ca-Ora-100. Two other sites were identified as being potentially impacted directly or indirectly from implementation and use of passive open space areas on the project site. These sites were Ca-Ora-51 and Ca-Ora-518. One remaining site, Ca-Ora-52 was not expected to be impacted. As described earlier in this report, the boundary of the residential development area has been modified slightly partially in recognition of adjacent sensitive coastal sage stub habitat and possible bluff instability issues. As a result grading for the residential development is no longer expected to directly impact Ca-Ora-100. However, clearing and grading related to development of the public bluff trail, an emergency vehicle turn around area, and bluff stabilization/remediation measures will directly impact most of Ca-Ora-100. Consequently, it is still assumed that Ca-Ora-100 will be impacted, possibly to a slightly greater extent than previously identified in the 1992 Final CIOSA Program EIR Adopted mitigation measure 59 requires that the portion of Ca-Ora-100 which will impacted by grading and/or development of residential uses shall be subject to a surface collection. The applicant has entered into an agreement with a qualified archaeological consultant to conduct the necessary test excavations and collections. Implementation of this mitigation measure in accordance with the Mitigation Monitoring Program will adequately mitigate any impacts related to the archaeological resources contained in Ca- Ora-100. • 34 ANt N z . The estimated impact area effecting Ca-Ora-64 is substantially the same as that assumed in the 1992 Final CIOSA Program EIR Implementation of adopted mitigation measure 59 is required. The applicant has entered into an agreement with a qualified archaeological consultant to conduct all necessary testing and mitigation/data recovery. The research design and operations plan is currently being processed through the California Coastal Commission for necessary permits. Implementation of adopted mitigation measures will adequately mitigate any impacts related to archaeological resources within Ca-Ora-64. Ca-Ora-51 and Ca-Ora-518 are located within passive open space areas near John Wayne Gulch. Development of residential uses, the bluff top trail and related access, and currently proposed bluff stabilization and remediation will not directly or indirectly impact these sites. No uses or direct access are currently envisioned within the area which would impact the two sites. In the future, should the City of Newport Beach propose any passive park use within• this area additional analysis and mitigation would be required pursuant to standard City policies and adopted mitigation measure 58. The limits of grading as shown on the preliminary grading plan will not result in any significant adverse impacts to known paleontological sites. However, as discussed in the 1992 Final CIOSA Program EM, the potential for impacting unknown, buried paleontological resources is possible. Such an impact could be a significant adverse impact. Adopted mitigation measures 67 - 70 will adequately mitigate any potential impacts to a level of insignificance. • PUBLIC SERVICES AND UTILITIES. PUBLIC SERVICES. • Will this suhsequent activity restdt in any impacts not identified in the certified Program EIR prepared for the project, in the following areas: Yes Maybe No a) Fire Protection? C 0 b) Police Protection 0 0 c) Schools? C 0 d) Parks or other recreational facilities? C 0 e) Maintenance of public facilities, including roads? f) Other governmental services? 0 0 35 • l Y • � Y ,1 U 111XrIES. . Will this mibsequent activity result in airy impacts not identified in the certified Program EIR prepared for the project, it; the following areas: Yes Maybe No a) Power or natural gas? ❑ ❑ V b) Communications systems? ❑ ❑ VL c) Water? ❑ ❑ d) Sewer or septic tanks? 0 0 e) Storm water drainage? ❑ ❑ f) Solid waste and disposal? 0 0 X RECREATION. Will this subsequent activity result in rnry impacts not identified in the certified Program E1R preparedfor the project, in the following areas: Yes Maybe No • a) Impact upon the quality or quantity of existing recreational 0 ❑ It opportunities? Environmental Evaluation -1992 Final CIOSA Program EIR The 1992 Final Program EIR, Volume I contains an environmental evaluation related to Public Services and Utilities. This discussion is found on pages 332 to 363 of Volume I of the 1992 Final CIOSA Program EIR The criteria used in the evaluation of impacts are stated on pages 346, Volume I of the 1992 Final CIOSA Program EIR The 1992 Final CIOSA Program Elk made the following conclusions regarding the potential impacts of implementing the entire CIOSA agreement which includes development of the Newporter North site. • Project -specific impacts related to electricity, natural gas, library services, parks and recreation, telephone services, and waste disposal are considered insignificant. • Project -specific impacts related to schools, water, law enforcement and waste water can be mitigated to a level of insignificance with implementation of applicable City policies and requirements and mitigation measures contained in the program EIR. 36 • 11� • Project -specific impacts related to providing adequate fire protection service to the Freeway • Reservation and San Diego Creek South sites would be significant until construction of a new fire station serving North Newport. This significant adverse impact was not caused or contributed to by the assumed development of the Newporter North site, but rather from development occurring to the east of Upper Newport Bay. • Cumulative impacts related to all public services and utilities are considered insignificant. • The proposed project will not have an effect upon or result in the need for other governmental services. • The proposed project will not create a significant need for additional maintenance of public facilities. • The proposed project will not result in an impact upon the quality or quantity of existing recreational opportunities. Adopted Mitigation Measures 71, 72, and 73 apply to development on the Newporter North site (see attached list of mitigation measures). Environmental Evaluation Newporter North Site Plan and Tentative Tract Mao • Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR Development of the residential portion of the Newporter North site, as detailed in the proposed site plan and tentative map, will not create any adverse impacts related to public services and utilities other than those analyzed and mitigated in the 1992 Final CIOSA Program EIR The number of residential units proposed on the site plan is 173 units which is 39 units less than the 212 units entitled by the CIOSA Agreement and allowed by the Citys General Plan and Planned Community District Regulations. Consequently, demand for public services and utilities will be slightly less than projected in the 1992 Final CIOSA Program EIR. There have been no substantial changes in the local or regional conditions that would change the conclusions of the 1992 Final CIOSA Program EIR Access to and from the residential development area is substantially sunilar to that assumed in the 1992 analysis. Emergency access provided to the residential site is considered adequate by Newport Beach Fire Department and Public Works Department. Pedestrian and bicycle access to the future public bluff top park area and bluff top trail is proposed from a trail head off of San Joaquin Mlls Road generally across from the existing entrance to the Park Newport Apartments. The location of this access is acceptable to the City of Newport Beach. Gated pedestrian access to the public bluff top trail will also be provided in several locations from the adjacent future residential area. Emergency access to the bluff top area and trail is proposed at the public trail head on San Joaquin Hills Road and from within the private community at the end of "Q" Street. The 37 .�1 J Y! 1 location of this emergency access is considered adequate by the City of Newport Beach Public Works • Department and Fire Department. Trail -related parking is discussed under Transportation and Circulation above. HUMAN IIEALTH/RISK OF UPSET HUMAN HEALTH. Will this subsequent activity result in any impacts not Identified hi the cert fed Program EIR prepared for the project, in the followhrgareas: Yes Maybe No a) Creation of any health hazard or potential health hazard ❑ ❑ S- (excluding mental health)? b) Exposure of people to potential health hazards? 0 ❑ 1� RISK OF UPSET. Will this subsequent activity result in ally impacts not identified in the certified Program EIR prepared for the project, in the following areas: Yes Maybe No • a) A risk of an explosion or the release of hazardous substances ❑ ❑ 14 (including, but not limited to: oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b) Possible interference with an emergency response plan or an 0 0 emergency evacuation plan? Environmental Evaluation -1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR made the following conclusions regarding implementation of the CIOSA agreement and development of the Newporter North site pursuant to the Planned Community District Regulations: • The proposed project will not involve a risk of an explosion or the release of hazardous substances in the event of an accident or upset conditions. • The project will not interfere with an emergency response plan or an emergency evacuation plan. • The project will not result in the exposure of people to potential health hazards. 38 • These conclusions were based on discussions contained in the March 29, 1991 Initial Study prepared for CIOSA agreement which was used to focus the Program EIR- The Initial Study was included in Volume II, Appendix A of the 1992 Final CIOSA Program EUL Its conclusions related to Energy and Natural Resources were reiterated on pages 416 - 417 of Volume I of the 1992 Final Program EIR. Environmental Evaluation Newporter North Site Plan and Tentative Tract Map Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR. Development of the residential portion of the Newporter North site, as detailed in the proposed site plan and tentative map, will not create any significant adverse impacts related to human health or risk of upset. The number of residential units proposed on the site plan is 173 units which is 39 units less than the 212 units entitled by the CIOSA Agreement and allowed by the City's General Plan and Planned Community District Regulations. Access to and from the site is substantially similar to that assumed in the 1992 analysis. Existing and planned land uses surrounding and near to the site are the same as assumed in the 1992 analysis. There have been no substantial changes in the local or regional conditions that would change the conclusions of the 1992 Final CIOSA Program EIR. ENERGY/NATURAL RESOURCES ENERGY. • Will this subsequent activity result in any impacts not identifred.in the certified Program EIR prepared for the project, in the following areas; Yes Maybe No a) Use of substantial amounts of fuel or energy? 0 0 b) Substantial increase in demand upon existing sources ❑ 0 %� of energy or require the development of new sources of energy? L, NATURAL RESOURCES. Will this subsequent activity result in any impacts not identified in the certified Program EIR prepared for the project, in the following areas Yes Maybe No a) Increase in the rate of use of any natural resources? ❑ 0 jQ W Environmental Evaluation -1992 Final CIOSAProeram EIR The 1992 Final CIOSA Program EIR made the following conclusions regarding implementation of the CIOSA agreement and development of the Newporter North site pursuant to the Planned Community District Regulations: • The project will not increase the rate of uses of any natural resources. • The project will not substantially deplete any non-renewable natural resource • The project will not result in the use of substantial amounts of fuel or energy. • The project will not substantially increase the demand upon existing sources or energy, or require the development of new sources of energy. These conclusions were based on discussions contained in the March 29, 1991 Initial'Study prepared for CIOSA agreement which was used to focus the Program EIR. The Initial Study was included in Volume II, Appendix A of the 1992 Final CIOSA Program E1R Its conclusions related to Energy and Natural Resources were reiterated on pages 416 - 417 of Volume I of the 1992 Final Program EIR. Environmental Evaluation-New_porterNorth Site Plan and Tentative Tract Mao • Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA . Program EIR. Development of the residential portion of the Newporter North site, as detailed in the proposed site plan and tentative map, will not create any significant adverse impacts related to energy/natural resources. The number of residential units proposed on the site plan is 173 units which is 39 units less than the 212 units entitled by the CIOSA Agreement and allowed by the City s General Plan and Planned Community District Regulations. Demand for energy and other natural resources will be even less than what was assumed in the 1992 Final CIOSA Program EIR There have been no substantial changes in local or regional conditions that would change the conclusions of the 1992 Final CIOSA Program EIR. 40 • IV. FINDING OF SIGNIFICANCE As discussed in Section III, CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. Among several uses the program EIR can provide the basis in an Initial Study for determining whether the later activity may have significant effects (CEQA Guidelines, section 15168, subd.(d).) • CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or in the case of a mitigated negative declaration no effects which cannot be eliminated or reduced to a level of insignificance. (Guidelines, section 15070. subd.(b) and 15153, subd.(c).) This Initial Study analyzed the proposed site plan and tentative map for the Newporter North residential development based on information contained in the previously certified 1992 Final CIOSA Program EIR and any new information which has become available regarding the project, The assumptions and conclusions of the 1992 Final CIOSA Program EIR have been found to be valid and appropriate for use in evaluating the current proposal. The Initial Study has found that there are no new potential significant adverse impacts which cannot be eliminated or mitigated to a level of insignificance. Ell U MITIGATION MONITORING PROGRAM SUMMARY CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Method of Action Verification Timing of Verification Responsible Person - AeatheticsAiAt and Glare 1. In conjunction with site plan review, the project Condition of Plan check Prior to site plan Planning Dept. proponent shall prepare a detailed temporary grading and land- Approval approval plan checker, PB&- scape plan for the bluff top setback area for the purpose of R/Building/Public minimizing bluff erosion. If graded slopes from a development Works Depts. 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. Ttan"zoot`tation/Gnvlation 2. The City shall prepare a circulation improvement Condition of City Council Annual Public Works monitoring program to direct expenditures of funds received approval; pmpaa- approval Director, Planning under the Development Agreement to make improvements and tion & review of Director to monitor the status of those improvements. The list of im- CMP/GMPJDA provements 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 man- ner. 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 main- tained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the Citys 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 Condition of Plan check Prior to recordation Planning Dept. or post bond for all frontage improvements identified in the approval of final subdivision plan checker, Sub - Development Agreement and listed in Table B of the Program map for each parcel division Engineer ElR. with improvements. • • Mfl'IGNIIUN MUNrrOIUNG PROGRAM SUMMARY, cons. CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREP.MENf Mitigation Measure Implementing Action Method of Verification Tuning of Verification Responsible Person Air Qwa6K 4. All grading related to the project shall be conducted Condition of Plan check Prior to issuance of Building Dcpt. plan in accordance with SCAOMD Rule 403. 'this mitigation ma- approval Geld inspection grading permits checker; grading sure shall be made a condition of all gadingpermits related to inspector the project S. After clearing, grading, earth moving, or excavation Condition of Plan cbeck; Prior to grading Building Dcpt. plan operations while construction activities are being conducted, approval field inspection permits checker; grading • fugitive dust emission shall be controlled using the following inspector procedures: a Graded sections of the project that will not be fur- ther disturbed orworked on for long periods of time (three months or more) shall be seeded and watered or covered with plastic sheeting to retald .rind ero- sion. a 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 ptc*L G During grading and construction activities, the appli- CoMition of Plan cheek field Prior to grading Building Dept plan ant shall further control fugitive dust emissions using the approval inspection permits checker, grading following meamrtdc inspector Is On -site vehicle speeds on unpaved roads shall be limited to IS miles per hour. Entrances to all on - site roads shall be posted with a sign indicating the maximum speed limits oft all unpaved roads. a All areas with vehicle traffic shall be periodically watered. a Streets adjacent to the project site dull be swept as needed to remove tilt which may have accumulated MITIGATION MONITORING PROGRAM SUMMARY, cunt. CIRCULATION IMPROVEMENT IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person from construction activities so as to prevent accumu- lations 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 Corpo- Condition of Plan check Prior to occupancy Traffic Engineer • rate Plana West and Bay View landing site shall also partici- approval permit for Corporate pate in the Centerride program currently in operation in the Plan West or Bey Newport Center area. Evidence of intent to participate shall View landing be provided to the City of Newport Beach Building Depart- ment prior to issuance of occupancy permit. 8. Bicycle racks shall be required in accordance with City ordinance Plan check Prior to occupancy Traffic Engineer the City of Newport Beach Transportation Demand Ordinance. permit 9. Construction of related frontage improvements shall include bus turnouts and shelters if determined to be necessary Condition of Plan check approval Prior to occupancy Planning/Building and desirable by the Orange County Transit District and/or permit Dept. plan checkers; OCID; Traffic Engi- the City of Newport Beach. Prior to final design and construe- veering Dept. tion 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 Condition of Plan check Prior to building Planning/Building lighting (in parking lots and pedestrian walkway areas) which is approval permit Dept. plan checkers; energy conserving. A lighting plan shall be submitted for all development which demonstrates compliance with this measure. Public Works Dept. • ' The plan shall be reviewed by the Planning Department and approved by the Department of Public Works. It. Residential, commercial and office development shall Condition of Plan check Prior to occupancy Planning/Building be landscaped with an emphasis on drought resistant plant approval permit Dept. plan -checkers; species which will shade buildings and reduce water and energy Public Works Dept. 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. � 3 Mrno/mON MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure 12 The applicant shall ensure that all residential tots and dwellings are sound attenuated against present and pro- jetted noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNE L in outdoor IMngarns and an interior standard of 45 dB CNEL, is all habitable rooms. Evidence shall be prepared under the supervision ores City certified acoustical consultant which demonstrates that these standards will be sated in a manner consistent with applicable zoning regulations and sub- mitted as follows A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sale &&croon of the Gty, an Acoustical Analysis Report shall be submitted to the Citys 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 node standards may be included in the report in which case it may also satisfy W below. B. Prior to the isruance of any building permits, an acoustical analysis report describing the acoustical designfeaturesof 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 speci- fied in the approved acoustical report(s) have been ineorportited into the design of the project C. Poor to the issuance of any building permits, all freestanding acoustical barriers must be shown on the projects plot plan ilustratingheight location and construction in a manner meeting the approval of the Gtys Advance Planning Manager. Implementing Method of Timing of Responsible Action Verification Verification Person Conditam of Plan check; approval field testing Prior to map recordation/grading permits/building permits/occupancy Permits Advance Planning Manager • mrllGNIlON MONrrORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure 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 Direc- tor to verify compliance with STC and IIC design standards. 13. All non-residential structures shall be sound attenu- ated 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 incorpo- rated into the design of the project. Implementing Method or Action Verification Condition of approval 14. All freestanding acoustical barriers shall be a berm, Condition of wall or combination berm and wall. Walls shall not contain approval 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. 79. At the time specific site plans and grading plaits are Condition of prepared and submitted for review and approval by the City, approval the City shall review the plans in conjunction with the environ- mental review process to confirm that the mitigation measures provided will adequately control construction impacts potential- ly impacting the Newport Harbor Lutheran Church, especially its preschool operations. If necessary, additional conditions related to construction activities may be placed on the project. Plan check Plan check Plan check Timing of Responsible Verification Person Prior to building Permits Prior to precise grading permits Prior to site plan approval or grading permit Planning Dept. plan checker, Advance Planning Manager Building Dept. plan checker Planning/Building Dept, plan checkers 0 MMGATTON MONITORING PROGRAM SUMMARY, cunt. CIRCULMION IMPROVEMENiAND OPEN SPACCAGREEMENT' Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person Biological Resixi 15. Pursuant to Section 16owism of the State or Cali- Condition of Plan check Prior to grading Planning/Building forma Fish and Game Code, the California Department of Fish approval; Cat. FGC permits for San Dept, plan checkers; and Game shall be notified of any attentions to stieambed Diego Creek South, Public Works Dept. habitat The sppfxant or any successors in interest shall be Upper Cutaways, responin bk for notifying the Department of Fish and Game Newpotter North or regarding any grading related to residential development and Freeway Reserva- associated improvements on the San Diego Creek South, Up- tiny or any public per Castaways, Newporter North, and Freeway Re rvafion project affecting sites which would alter streambed habitats. The applicant or streambeds any successor in interest shall notify the Department of Fish and Game and obtain any necessary permit prior to the issu- ance of a grading permit. Copies of proper notification and nocessat permits shall be provided to the City of Newport Beath prior to issuance of a grading permit. The City of New- port Beach shall be tespot Me for notifying the Department of Fish and Game regarding any grading related to any public improvements (e ytralls, recreational facilities, roads, drainage facilities, etc) in arcs designated for open spsce, public facili- - tim and/or parks which would alter strumbed habitats.'The Cityof Newport aeach shall notify the Department of Fish and Game and obtain any necessary permits prior to commeoee- meat of any grading which could alter the streambed habitat. The permits inued by the Department of Fish and Game pur- suant to Sections 16M-IM3 may require additional mitigation maoues deemed necessary by the Department. I& Wetland delineation studies in accordance and con- Condition of Plan check Prior to grading Planning/Building junction with the California Department of Fish and Game and approval permits for any Dept. plan checkers; U.S. Army Corps of Engineers permitting processes shall be wetland area Public Works Dept. performed for any wetland which will be imparted by grading and construction activities. The applicant or any successor in interest shalt he, responsible for oonductinirthe wetland delin- cation studies for wetlands impacted by residential develop- ment or associated improvements on the Newporter North and Upper Castaways sites If residential development or associat- ed 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 contlactingthewetlanddelineationstudy. TheCityofNewport • sI MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMEN r Mitigation Measure Beach shall be responsible for conducting the wetland delinea- tion studies forwetlands impacted by any public improvement- s/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 com- mencement of grading activities in areas containing wetland habitat. 17. Public use and related facility development for arras 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 re- sources. To this end, facility plans and public uses for these areas shall be prepared in consultation with a qualified biolo- gist who shall determine that such plans and uses do not ad- versely, 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 arc identified, addi- tional mitigation measures shall be adopted. 1& 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, bluff stabilization or prepara- tion of the development area), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place within the 40 foot property line setback area estab- lahed by the Bluff Top Setback Ordinance except that neces- rj` Implementing Method of Action Verification Timing of Responsible Verification Person Condition of Standard CEQA Prior to approval of Environmental • approval; standard compliance review public facility plans Coordinator CEOA compliance for natural open space/passive park arras Condition of Plan check; Prior to grading Planning/Building approval Geld inspection permits for Upper Dept. plan checkers; Castaways, San Die- grading inspector • go Creek South,Bay View lending and Newporter North MrilGATION MONrrORING PROGRAM SUMMARY, mat. CIRCULATION IMPROVEMENr AND OPEN SPACE AGREEMENT Mitigation Measure sary for tail establishment and improvements, erosion control, bluff stabilization, or preparation of the development area; or below the lessor of the 60 foot elevation contour or a line 100 feet from a formally delineated wetland in John Wayne Gulch freshwater marsh. Bay View Landing- no grading, stockpiling of soil or operation of equipment shall encroach into the hill- side above the 25-foot contour of the lower development area. Implementing Method of Timingot Responsible Action Verification Verification Person 19 Prior to grading and/or conusvcting any public Condition of Plan check Prior to grading faality on the San Diego Creek North site which will encroach approval permits for San into the on4ite freshwater marsh, the City of Newport Beach Diego Creek North (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 re- flect all mitigation requitement 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 Condition of Plan check Prior to grading development or associated improvement on the Upper Cast- approval permits for Upper sways site which will encroach into the on -site freshwater Castaways marsh. the applicant or successor m interest shall prepare and begin implementation of a plan which shall offset the loss of wetland:. This plan shall tenat all mitigation requirements of any State or Federal agency having jurisdiction over the affect. ed wetlands. Offsets shalt be achieved by either crating a new freshwater marsh on -site or enhancing and eapanding an exist. ins freshwater marsh in or near the Upper Newport Day Eco- logical Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issu. ance of a grading permit. 21. Prior to grading and/or constructing any residential Condition of Plan check Prior to grading development or associated improvement on the Newporter approval Permits for Newpo- North site which will encroach into the on -site freshwater rter North marsh, the applicant or successor in interest shall prepare and begin impkmentation of a pUn which shall offset the loss of wetlands. This plea shall reflect all mitigation requirements of Planning/Building Dept. plan checkers: ACOE/USFWS/- DFG Planning/Building Dept. plan checkers: ACOE/USFWS/- DFG Planning/Building Dept- plan checkers; ACOE/USFWS/- DFG • 0 11 t MITGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure any State or Federal agency having jurisdiction over the affect- ed wetlands. Offsets shall be achieved by either creating a new freshwater marsh onaite or enhancing and expanding an exist- ing freshwater marsh in or near the Upper Newport Bay Eco- logical Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issu- ance 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 and which could also im- pact the functioning of these creeks as wildlife comdom This an be achieved by a variety of means including a combination of sensitive siting of lighted buildings; use or 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 spe- cies 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 or the boundaries or 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. Implementing Action Condition of approval Condition of approval Method of Verification Plan check Plan check Timing of Verification Prior to building permits for San Diego Creek South Prior to grading permits for any development within l0o feet or a wetland area Responsible Person Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers; Grading Engineer • r 1 MMGATION MONITORING PROGRAM SUMMARY, rant. CIRCUTAMON IMPROVEMENT AND OPEN SPACE AGREEMENr Mitigation Measure 74. This mecum shall apply to the Newporter North, Newporter Knoll, Bay View Ianding, Upper Castaways, San Diego Creek South and San Diego Creek North sites. Reve- getation of cut and QII slopes, bluff stabilization/mmediation areas, fuel modification zones and other graded areas adjacent to existing •ensittive habitat areas (e.g. at the edge of develop- ment of residential; public facilities, orrecneational arras) shall be accomplished with plant palettes containing predominantly native species. Steeper slopes (greater than 21) shalt be tir 2 geated with a mixture of coastal.sage scrub species including California -sage brush which now dominates coastal sage scrub used by California Vatatchets. Portions of mom level areas shall be revegeated with species of native perennial grasses in an attempt to establish native grassland. An expert in land- sape mvegetation, who is knowledgeable and qualified in na- tive plant mixtures shall provide consultation into the prepara- tion of landscape plant to ensure that this measure is complied with. Lndscape plans shall be approved by the City Planning Department par to issuance of building permits for private development or commencement of grading for public facilities and public recreational uses. 2S. All non<mergeMy grading related to bluff stabili- xation/remediation on the Newporter North and Bay Vices Landing sites shall occur during the non -breeding season for the California guatcatcher. The naabreedag season is from August I to January 31. 7L Prior to approval of site plans or subdivision and/or Ciry approval of a park development pan (whichever comes fast), the City shall retain a biologist to further assess the potential for human and pet intrusion into the coastal sage scrub habitat supporting the California gnatcatcher population. This assessment shall be at the cast of the developer if related to site plans or subdivason, or at the cast of the City it related to the park development pan. If the level of expected intru- sion is considered to be of sufficient magnitude to significantly impact the California gnatcatcher populations on site, mitip- ton measures shall be designed and placed as conditions on the project to reduce the impact to the extent feasible. Such design and operational measures could include perimeter fenc- caC•' Implementing Method of Timing of Responsible Action Verification Verification Person Condition of Plan checiq submittal Prior to building Planning/Building approval if biologist report permits for private Dept. plan checkers by applicant development or prior to grading for public facilities 4a- cent to sensitive habitat areas in Newpormr North, Newporter Knoll, Bay View Lading, Upper Castaways, San Diego Creek North or San Diego Creek South Condition of Plan cheek; Prior to grading Planning/Building approval inspection permits for Newpo• Dept. plan checkers; rter North or Bay grading inspector View Lading Condition of Plan check Prior to site pan/ Planning/Building approval tentative nap or Dept. plan checkers park development plan approval 0 0 Mitigation Measure Mfl]GATfON MONITORING PROGRAM SUMMARY, cant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Action Verification ing, homeowner and community educational programs about the potential impact of cats on wild birds, programs for trap- ping and removing problem animals. 81. The City of Newport Beach shall consult with the Condition of Transportation Corridor Agency prior to final design and ap- approval proval of any public facility or recreational facility on the San Diego Creek North site to determine feasible design and land- scaping measures which will avoid interfering with the viability of the San Diego Creek Northern Marsh Creation site as wild- life habitat. If the Bayview Way extension is not extended across the site, a landscaped buffer area will be provided be- tween any recreational or public facility uses and the Marsh Creation project site. 82. At -the time of adoption of a parcel/subdivision map Condition of for the San Diego Creek South Site, the property line/develop- approval ment area boundary shall be established at a minimum of 20 feet from the toe of the existing slope adjacent to Bonita Creek This distance, in combination with the required build- ing setback of 5 feet, will create a minimum 2S foot buffer from Bonita Creek. 83. The precise details orany=%,egetation/replacement program will be developed in conjunction with review and approval of design and grading plans when the exact nature and extent of impacts are known. Any such programs will be subjected to full environmental review pursuant to CEQA. Consultation with all interested and affected resource agencies will otter as part of formulating and evaluating revegetation programs. Given recent successful revtgetation programs in Orange County, such as those conducted in Crystal Cove State Park, it is fully reasonable to expect that a properly prepared revegetation program will be successful in mitigating impacts. imp Condition of approval; CEQA compliance 11 Plan check Plan check Plan check Timing of Responsible Verifiation Person Prior to final design approval for any public or recreation- al facility on San Diego Creek North Prior to tentative map approval for San Diego Creek South Prior to site plan approval or grading permits Planning/Building Dept plan checkers; Public Works Direc- tor Planning Dept. plan checker, Subdivision Engineer Planning Dept. plan checker, Environ- mental Coordinator r • MITIGATION-MONrrORING PROGRAM SUMMARY, rant. CIRCUTATIONIMPROVEMENTAND OPEN SPACE AGRE MEN17 Implementing Mitigation Measure Action 84. Prior to the iumnee of a grading permit for the Condition of Newporter North site, the project proponent shall contribute approval up to 530M to complete an Upper Newport Bay Coyote Mo. nitoring Study, to be conducted under the direction of the U.S. Fish and Wildlife Service. The study shall be completed prior to the commencement or grading. The study shall include gatheringdats to establish a pm construetionlimlinemeasurc- ment of the number and frequency of coyotes using the lower portion or Upper Newport Bay in the vicinity or the Newporter North site. Ir, after commencement of construction, it is demonstrated by the U.S. fish and Wildlife Service that there has been a sigeifi- eant decrease in the population of coyotes in the vicinity of the Ncwporter North Site, due solely to development of the site, and, this decrease in coyote population bas had a detrimental effect on sensitive bird species in the area, the project propo- nent shall contribute up to 525,000 toward an animal manage- ment program to be administered by the Resource Agenry maul ingtbe Upper Newport Bay Ecological Reserve. assurers and seatai City X Buildings four stories in height or higher shall be Condition of designed in accordance with requirements forscismic zone 4 as approval outlined in Chapter 23 of the Uniform Building Code and/or with the benefit of a site specificseismie ground response spec- trum study which would be prepared by the project gcotcchn- ial consultant and structural engineer to allow matching of building period with site period. The sttncturat plans and/or ground response studysball be completed to thesatisfaet;on of the BuildingDepartment prior to issuance of a building permit. 27. Buildings less than four stories in height shalt be Condition of designed by a Structural ngineer In accordance with UDC approval Chapter 23 requirements for Seismic Tone 4. Nomeritkai structures shall be designed to withstand strong ground shaking that may accompany, a atatdmam probable eartNuake along Method of Timing of Responsible Verification Verification Person Plan check Prior to grading Planning/Building permits for Dept. plan checkers; Ncwportu North USFWS Plan check Prior to building Building Dept. plan permits for any checkers structure of 4 or more storks Plan check Prior to building Building DepL plan permits for strue- checkers tures with feaerthan 4 storks • • MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure the Newport -Inglewood Fault. Critical structures (i.e„ hospi- tals, fire/police facilities, schools, etc.) shall be designed to withstand strong ground shaking associated with a maximum credible earthquake on the Newport -Inglewood Fault. Struc- tural plans, including seismic design calculations/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 (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 Depart- ment prior to the issuance of grading permits. Grading and building plans shall reflect the recommendations of the evalu- ation 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 -situ 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 fu- ture. The study shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to ap• proval of a tentative tract map or grading permit whichever comes first. Grading and -building plans shall reflect the rec- ommendations of the study to the satisfaction of the Building Department. Implementing Method of Timing of Responsible Action Verification Verification Person r Condition of Plan check Prior to tentative Building Dept. plan • approval map approval or checkers grading permits Condition of Plan check Prior to tentative Planning/Building approval map approval or Dept. plan checkers grading permit • 13 Mitigation Measure MMGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGRE9MENT Implementing Method of Timing of Responsible Action Verification Verification Person Liquefactim 30. Sites when: the potential for liquefaction has been Condition of identified, or any other site where the potential for liquefaction approval may be encountered during subsequent lavestiptions, shall be further evaluated by a gcotechnical congultanL The evaluation shall include subsurtaee investigation with standard penetration testing or other appropriate means of analysis forliqucfaction potentiaL The project gcoteeltntat consultant shall provide a statement conaming the potential for liquefaction and its possrbte impact on proposed development. If necessary, the geotechnial consultant shall provide mitigation measures which could include mechanical densifiation of liquefiable layers, dewatering, lilt surcharging or other appropriate measures. The GeotechnKal Consultants report shall be signed by a Certified Engineering Geologist and a Registered Civil Engi- neer 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 or the Building Department. Erasion, 3L Any necessary diversion devices, catchment devices, Condition of orvelocty reducers shall be incorporated into the grading plan approval and approved by the City Grz&nt Engineer prior to isswnco ofgadingpermitt BermsorotheratchmeatdevreushaUbe incorpoated into the grading plans to divert sheet Rosy runoff away trot-atus which bane ban stripped or natural wleta- tiort. Velocity tedumrs shall be incorporated into the design, especially where drainage devices exit to natural ground. 32 All fill slops shall be ptopedy compacted during Condition of Vatting in eodonnanee with the City Grad'mg Code and veri- approval fled by the project Ge«ahninl Consultant Slopes shall be planted with wtetatior upon completion of grading. Confor- mance with this measure shall be verified by the City Grading Engineer prior to theimmanee of occopOM7 permits. 14 Plan check Prior to grading Building Dept. plan Permits checker Plan check Prior to grading Building DepL plan permits Necker Plan check Prior to grading Building Dept. plan permits checker 07 11 MITIGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT r Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person 33. Berms and brow ditches shall be constructed to the Condition of Plan check Prior to grading Building Dept. plan satisfaction and approval of the City Grading Engineer. Water approval permits checker shall not be allowed to drain over any manufactured slope face. Topoklope 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 sur<cial runoff from ungraded natural areas around future at slopes. The design of berms and brow ditches shall be approved by the City Grading Engineer prior to issuance of grading pemtits. 34. Prior to the issuance of grading permits, appropriate Condition of Plan check Prior to grading Building Dept. plan artificial substances shall be recommended by the project land- approval permits checker sape 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 shalt be covered with artificial substances approved by the City Grading Engineer. 36. Drainage of both surface and subsurface water aver Condition of Plan check Prior to tentative Building Dept. plan or toward the bluffs on -the Upper Cutaways and Newporter approval map or site plan checker North sites shall be minimized. Though some drainage of approval for Upper rainwater over the bluff face cannot be avoided, drainage con- Cutaways or NewP trot devices shall be designed to direct excess water from site orter North 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 mini- mize surface runoff over the bluff faces. The project Geot- echnial 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 thecontrolof surficial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Bluff aced Slope Iasrabifity . 36. The project geotechnial consultant shall review the Condition of Plan check Prior to grading Planning/Building tentative tract map and grading plan for each site and prepare approval permits Dept. plan checkers a report addressing all salient geotechnial issues related to bluff and slope stability of any existing bluff or slopes. These 'sW 15 0 0 MITIGATION MONMORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE• AGREEMENT reports shall include: 1) detailed awiysisof field data including surface and subsurface geological [[upping. 2) laboratory test- ing results; 3) stability ansiysis of existing bluffs and proposed slopes as illustrated on the tentative tract trap or rough grad- ing plan; 4) conclusion; S) recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. Tbese reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the sad acdoe of the City GradingEngi- neer prior to issuance of a grading permit. 37. Prior to the issuance of grading permits, the Project geoteartical consultant and/or civil engineershaii make written recommendations for manufactured slope stabilization includ- ing, but not limited to, buttressing, rock bolting, grouting, slope gradient laybacks, or retaining welts. All necessary recommen- dations shall be included in the Fading plan to the satisfaction of the City Grading Engineer. aft. Though the City has established a Bluff Setback Criteria for development on the top -of -bluff (Development Policy DZb.1 of the Newport Beach General Plan, January 21. 2991, and Newport Beady Municipal Code section 20.15L0g0), the City minimum setbacks may not necessarily be adequate from a geotechnial viewpoint toneeming bluff/slope instabili- ty. Prior to issance of grading permits, appropriate safe bluff top setback recommendations shall be determined by the pro- ject Geotechnkxt Consultant baud on the evaluation required by Mitigation Measure to the satisfaction or the City Grading Engineer. 39. During grading a geotechnieal consultant shall mon- itor grading operations to ensum that recommendation for slope usability mitigation are implemented. Additionally, the geotahoi al consultant shall enluate slopes as they are graded through geologic mapping and analysis to ensure that no unan- ticipated conditions am present: Slope stability mitigation recommendations may require modification during gnu& Compliance with this measure shall be verified by the Building Department- Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers MITIGATION MONITORING PROGRAM SUMMARY, mat. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT' Mitigation Measure Implementing Method of Action Verification Timing of Verification Responsible Person 40. Prior to issuance of building permits, the geoteehn- Condition of Plan check Prior to building Planning/Building ical consultant shall prepare a Rough Grading Report and As- approval permits DepL plan checkers Graded Geotechnial Map for each graded site at the comple- tion 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 ade- quacy 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 appro- veil by the City Grading Engineer. Compressible/Callspubk Soil 41. Prior to the issuance of grading permits, written Condition of Plan check Prior to grading Planning/Building recommendations for the mitigation of compressible/collapsible approval permits Dept. plan checkers soil potential for each site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of ap- proval for the site -specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recom- mendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compretsi. ble/collapsble zones, fill surcharging and settlement monitor- ing, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnial consultanPs site -specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the City Grading Engineer. /Corrosive Sort 42. Written recommendations for the mitigation of es- Condition of Plan check Prior to building Planning/Building pensive and corrosive soil potential for each site, shall be pro- approval permits DepL plan checkers vided by the project corrosion consultant, gwtechnial consul- tant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall �� 17 • MITIGATION MONITORING PROGRAM SUMMARY, cant. CIRCUTATION IMPROVEMENCAND OPEN SPACE Mitigation Measure be incorporated into Gnat building plans prior to issuance of building permits. The geotechnial 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. Implementing Method of Timing of Responsible Action Verification Verification Person Nearsrdaoe Gro ndwsder 43. The project geotethnial consultant and/or civil engi- Condition or Man check Prior to grading Manning/Building ncer shall prepare written site -specific reviews of the tentativc approval permits Dept, plan checkers: tract maps and grading plansaddmsing all salient geotechnial City Grading Engi- issues, including groundwater. These reports shall provide neer, City Engineer findings, conclusions and recommendations regarding near -sur- face groundwater and the potential forartificiafly induced grou- ndwater as a result of future development, and the effats 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 geotechnial consul- tant and/or tiwl engineer's reports shalt be signed by a Certi- fied Engineering Geologist and Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engi- neer prior to issuance of a grading perMIL All recommenda- tions of therepora shalt be incorporated into the grading, site, and building desfgt to the satisfaction of the City Grading Engineer and City En&cez. s WaterRewurnes Water Warty 44. Prior to the issuance of grading permits, the appli- Condition of Plan check Prior to grading Planning/Building ant shall provide to the Buildingand Public Works Depart- approval permits Dept. plan checkers, ments haul mute plans that include a description of haul Public Works Direc- mute; access: points to the sites and watering and sweeping for 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 6tys PlannfngDepartment. , '?�- 18 " " MITIGATION MONIPORING PROGRAM SUMMARY, Cont. CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT - f Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person 45. Prior to the issuance of grading permits, the appli- Condition of Plan check; Prior to grading Planning/Building ant shall incorporate the following erosion control methods approval field inspection permits Dept. plan checkers, into grading plans and operations to the satisfaction of the City grading inspector 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 -home and vehicle-bome sediment shall be con- trollcd 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 ap- propriate, buffer strips or vegetative filter strips, such as tall stands of grass, an be used as an alter- native and/or supplementary method to protect against sediment buildup. 46. Prior to the issuance of grading permits, the project Condition of Plan check; Prior to grading Planning/Building • geotechnial consultant and/or civil engineer shall develop a approval field inspection permits Dept plan checkers; _ plan for the diversion of stormwater away from any exposed grading inspector slopes during grading and construction activities. The plan shall include the use of temporary rightof-way diversions (i.e., berms or swales) located at disturbed areas or graded rightof- 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 en- Condition of Plan check; Prior to grading Planning/Building trance located at every construction site entrance. The location approval field inspection permits Dept. plan checkers; of this entrance shall be incorporated into grading plans prior grading inspector to the issuance of grading permits. To reduce or eliminate 9) 19 Mitigation Measure MITIGATION MONITORING PROGRAM SUMMARY, rant. CiRCUTATTON IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Rcsponsible Action Verification Verification Person mud and sediment carried by vehicles or runoff onto public rightsof-way, the gravel shall cover the entire width of the en- trance, and its length shall be no Im than fifty feet. The en- trance plans shalt be reviewed and approved by the City Engi- neer and Grading Engineer concurrent with review and approv- al of grading plans. 4& The applicant shall construct filter berms or other Condition of approved device for the temporary gravel entrance. The berms approval shalt consist of a ridge of gravel placed across graded right -or - ways to decrease and filter runoff levels while permitting con- struction 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 Condition of provide a temporary sediment basin located at the point of approval greatest rrrnolf 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 drain- age. The basin shall not be located in an area where its failure would lead to a lost or life or the lost of service of public utili- ties or roads. The plan shall be reviewed and approved by the City Grading Engineer. 74. Prior to"rwanceofgrading permits,tbeapplicantor Condition of successor in interest shall prepare a plan for approval by the approval City of Newport Beach Grading P nginccr for the control or accidental spills, fitter, and solid waste disposal during grading and construction. Existing policies and standards of the Cityof Newport Beach and Fire Department shall be incorporated. The plan shall be impletaenled as necessary duringgrading and construction activities. 75. Any recorded CC&Rs shalt incorporate mandates to Condition or the Homeowner's Associations, commercial properties manage- approval ment and apartment rnanagentent companies regarding: Pertrlcer/Pestidde/HetbkW manage- ment practices Plan check; Prior to grading Planning/Building field inspection permits Dept. plan checkers; grading Inspector Plan check; Prior to grading Planning/Building field inspection permits; during Dept. plan checkers; grading grading inspector Plan check; field Prior to grading Planning/Building inspection permits Dept. plan checkers; City Grading Eagi- ncer, grading/buil- ding inspectors Plan check Prior to ottvpaney Planning/Building permits DepLplancMckers - u 20 Mrf7GATION MONITORING PROGRAM SUMMARY, cent. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT - r Implementing Method of Timing of Responsible - Mitigation Measure Action Veriftation Verification Person Irrigation Management Practices Street sweeping requirements: vacuum truck, fall cleaning, etc. Signage and catch basin stencil mainte- nance. Annual distribution of informational bro- chutes (see Mitigation Measures #77). These mandates shall be reviewed and approved by the City of Newport Beach prior to issuance of occupancy permits. 76. The City of Newport Beach, homeowners associa- Condition of tions, and commercial and apartment property management approval companies shall maintain legible stenciling on any catch basin that they maintain. Stenciling shall use selected letters and/or symbols approved by the City of Newport Beach notifying the rader that the catch basin drains to the Newport Bay and to waro against dumping. 77. Brochures (such as the'Nonpoint Source Pollution' Condition of brochures published by the Orange County Flood Control approval District) shall be distributed at the time of initial sale or lease of residential and commercial properties. These brochures shall include a discussion of: - Impacts of improper solid waste practices and littering. - Proper use and management of fertilizers, herbicides and other harmful chemicals. - Impacts of dumping oil, antifreeze, pesti- cides, paints, solvents, etc. into storm drains. - Effective housekeeping practices such as use of biodegradable cleaning compounds and adsorbents. - Benefits of preventing excessive erosion and sedimentation. - Benefits of proper landscaping practices - Benefits of mivmirirg non-stormwater runoff or adverse impacts of over -irriga- tion. F 21 Plan check; field inspection Plan check Prior to tentative map or site plan approval Prior to occupancy permits Planning/Building Dept. plan checkers; Public Works inspec- tor Planning/Building Dept. plan checkers L_J MITIGATION MONffORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Action Method of Verification Timing of Verification Responsible Person There brochures shall be reviewed and approved by the City of Newport Bach prior to issuance of occupancy permits. Drainage Patios 30. Prior to issuance of a grading permit, the master Condition of Plan check Prior to grading Planning/Building Dept, plan checkers; plans of water, sewer and storm drain facilities shalt be ap- approval permits City Engineer proved by the City Enginces Any systems shown to be re- ,01 quimd by the review shall be the responsibility of the develop- er, unless otherwise provided for through an agreement with the property owner or serving Agency. Cultural Rrsouras Arclocolaily ALL PROJECT STIES Ss. All sites shall be mitigated pursuant to Council Poli- Condition of Plan check, Prior to grading Planning/Building cyX-5. Where furiber testingorsahtige is required, theappli- approval field inspection permits, during Dept plan chokers; grading inspector ant "I acted a atyapproved qualified archaeologist to grading excavate a sample, of the, site. All testing and salvage shall be conducted prior to issuance of grading permits or use or an area for recse 6imat purposes. A written reportsummarising the finding or the testing and data recovery program shall be submitted to the Planning Department within 90 days of the •j completed data recovery progcam. Si TrA applicant shaft donate all archaeological materi- Condition of Review by archaen/- monitor Prior to building permits Planning/Building Dept plan checkers al, historic, or prehWorik, recovered during the project, to a approval paled Ioa1 institution which has the peeper facilities for cuntwn, dis- play and study, by qualified scholars Au material shall be tnruRned to the approved fvflity after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department basal on a recommendation from thequaliified archaeologist 53. Any excavation of a site located within the COKSW Condition or Plan check Prior to grading Planning/Building am of more than two surface meters of dirt shalt require a approval permits - �a 22 S • • 'y • • i MITIGATION MONITORING PROGRAM SUMMARY, cont. r CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT - r Implementing Method of Timing of Responsible - Mitigation Measure Action Verification Verification Person coastal development permit prior to commencing the excava- Dept. plan checkers, tion. All provisions of the California Coastal Commission Coastal Commission guidelines shall be complied with. UPPER CASTAWAYS 54. Prior to any grading related to development of the Condition of Plan check Prior to grading Planning/Building bluff trail system, open space uses or bluff stabilization which approval permits on Upper Dept. plan checkers • could impact CA-OaA9 and CA-Oa-186 on the Upper Cast- Castaways arrays 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 tut excavation shall re- flect the recommendations contained in the Cultural Resources report prepared for this Program EIR. A report shall be pre- pared detailing all findings and recommendations and submit- ted to the Planning Department within 90 days of completing test excavations. BAY VIEW LANDING 55. Prior to issuance of a grading permit, CA-0a-1098 Condition of Plan check Prior to grading Planning/Building shall be surface collected and subjected to test excavations by a approval permits on Bay View Dept. plan checkers Cary approved archaeologist to determine site integrity, extent Landing and significance. A report shall be prepared detailing all find- ings and submitted to the Planning Department within 90 days . of completing test excavations. 56. Prior to grading for the new park, the project spon- Condition of Plan check Prior to grading Planning/Building sor shall retain a City approved archaeologist to conduct a approval permits on Bayview Dept. plan checkers surface collection and subsurface test excavation of CA-Ora-66 Landing 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 excava- tionL 57. Prior to grading for the view park, the project spon- Condition of Plan check Prior to grading Planning/Building sor shall retain a Cary approved archaeologist to place a test approval permits on Bay View Dept, plan checkers unit on top of the knoll on the Bay View Landing site in the Landing 93U y 23 MMGAT1ON MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVE ENr AND OPEN SPACE AGREEMEPf Implementing Method of Tuning of Responsible Mitigation Measure Action Verification Verification Person area containing shell scatter, to determine if the shell is repm- sentative of s subsurface archaeological deposit. A report shalt be prepared detailing all findings and submitted to the Plan- ning Department within 90 days of completing the test exca- vation. NEWPORTERNORTH W 5& Prior to the use or development of the open space Condition or Plan check Prior to grading Planning/Building areas for passive recreational uses, CA-Ora•51 and CA-Ora-518 approval permits for open Dept plan ehccken on the Newporter North site shall be surface coliceted and sub- spy areas on Ne- jected to text excavations to determine site extent and signif- wponer North icance. A report shalt be prepared detailing all findings and submitted to the Planning Department within 90 days of com- pleting test excavations. 59. Prior to the issuance of a grading permit, the appli- Condition of Plan check Prior to grading Planning/Building ant shall conduct a surface collection or the eastem extension approval permits on Newpo. Dept. plan checkers of CA-0n-100 which would be impacted by grading and/or rter North development of residential cues. Tht surface collection shall be conducted by a city approved arcbaeolo&L A report shalt be prepared ddailingall findings of the surface collection and submitted to the Planning Department within 90 days of com- pktwg tbt surface cW=boe. 6M Prior to the issuance of grading permits, the appli- Condition of Plan check Prior to grading Planning/Building ant shall conduct a data recovery of program CA-On-64 on approval Permits on NewPo' Dept plan checkers •1 the Newporter North site. The program shall be conducted by rter-North a City approved archaeologist. A report shall be prepared det&MOZ all fradirip and submitted to the Planning Depart- ment within 90 days of completing the data reeovety program. 61. Prior to iauance of a grading permit for residential Condition of Plan check Prior to grading Planning/Building development oranybluff stabilaationaqualifiedatchaeologist approval permits on Newpo- DepLplan checkea shall review grading and drainage plans to determine if there rter North are any indirect or direct imparts to CA-0n-51, 52 and SI& If impacts ate identified, test exavations shall be conducted to determine siteeitent, integrity and signifayece. A report shall be prepared detailing all findings and submitted to the Plan. ningDepartment within 90 days of completing test excavation. MITIGATION MONITORING PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT , Mitigation Mecum Implementing Method of Action Verification Timing of Verification Responsible Person NEWPORTER KNOLL 62 Prior to any grading or use of the site, the City shall Condition of Plan check prior to grading Planning/Building conduct a surface collection of archaeological material present approval permits on Newpo- Dept. plan checkers on the top of the hill of the Newporter Knoll, with test units rter Knoll placed on the hill to determine site significance and bound- aries. One unit shall be placed in the recorded area of CA- Ora SO to determine if a portion of the site still exists. A re- . port shall be prepared detailing all Findings and submitted to the Planning Department within 90 days of completing surface ' collection test excavation. It _ O al.. ,tt 63. Prior to the issuance of a grading permit a qualified Condition of Plan check Prior to grading Planning/Building City approved archaeologist shall conduct a surface collection approval permits on Block 800 Dept. plan checkers 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 subsurface midden is under the as- phalt and trash. A report shall be prepared detailing all find- ings 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 ap- Condition of Plan check Prior to grading Planning/Building• proved qualified archaeologist shall dig post holes in the areas approval permits on Corpo• Dept. plan checkers containing surface shell on the Corporate Plana West site to rate Plau West determine if the shell represents subsurface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department withln:90 days or com- pleting subsurface testing. 65. Prior to the issuance or -grading permit, the surface Condition of Plan check Prior to grading Planning/Building near the southern section of the property shall be examined by approval permits on CorPo' Dept plan chokers a City approval qualified archaeologist after mmoval of brush rate Plana West and prior to any ground disturbance. A report shall be pre- 25 MIIIGXnON MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPENSPACC• AGREEMENT' Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person pared detailing all fmdings and submitted to the Planning De- partment within 90 days of completing the surfactexamination. FREEWAY RESERVATION 66. Prior to issuance of a grading permit for the north- Condition of Plan check Prior to grading Planning/Building em development area (Lot 2), a City approved qualified ar- approval permits on Lot 2 or Dept plan checkers chaeok res' t shall Inceamthe Surface of areas previously identi- Freeway Reservation fled as CA -Ora 21& The examination shall be conducted after removal of brush but prior to grading. A report shall be pre- pared detailing all fmdings and submitted to the Planning De- partment within 90 days of completing thesurface examination. Paleontology 67. Prior to the issuance ofgrading permits, acollection Condition or Plan check Prior to grading Planning/Building plan shall be prepared and implemented by a City approved, approval permits on Bay Vier Dept. plan checkers qualified paleontological monitor for known exposed fossil Landing, Newporter localities on Bay View-Laodin& Nawporter North, and Upper North and Upper Castaways. Because or the small nature of some fossils present Castaways in these rock units, matrix samples shall be collected for pro- ccsdot through fine mesh scrcens. The collection plan shall be reviewed and approved by the Planning Department. 6& Prior to tM isaranse of grading permits, the appli- Condition of Plan check Prior to grading Planning/Building cant shall make provisions for the preparation and coration of approval permits DepL plan checkers all foisrls possibly recovered from the sites during gradin* Ibis shall be done in a roamer approved by the Citys Planning Department. 69. Prior to the isswnce of grading permits, the appli- Condition or Plan check Pier to grading Planning/Building cant shall identify a repository approved by the City+s. Pistoling approval permits Dept plan checkers Department which shall seai, all fossils collected from the sites. 70. Cliff fait" along Upper Newport Day that have Condition of Plan check Prior to grading Planning/Building Served at a rereeace section for nirro pakontWngi aI Studies approval permits affecting Dept plan checkers should be protected from alteration. If bluffs along Newport bluffs Bay need to be altered for bluff stabilization purpose, detailed ;- gT W MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCUTATION IMPROVHMEW AND OPEN SPACE AGREEMENT r Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person 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 compara- tive study and sampling. A report shall be submitted to the Planning Department within 90 days. Public Setvicea and Utilities Law Enforcement 71. The project proponent shall work in conjunction with Condition of Plan check Prior to building permits Planning/Building Dept. plan checkers; the City of Newport Beach Police Department to ensure that approval Police Dept. crime prevention features are included in building design and construction. The city of Newport Beach Police Department shall renew, all site plans and stews plans. Water 72. Prior to issuance of grading permits for the develop- Condition of Plan check Prior to grading permits Planning/Building Dept. plan checkers; ment sites, the applicant shall be responsible for preparation of approval City Engineer 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 sys- tems needed as a mutt 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 Condition of will provide a Master Plan of Utilities facilities for the ontite approval development in order to determine the exact necessary modifi- cations or extensions to the existing sewer systems, if needed. All necessary expansions of facilities and/or upgrades or exten- sions of edstingwater systems needed as a result of the project will be the responsibility of the developer, unless current dis- 9.3 �S 27 Plan check Prior to grading Planning/Building permits Dept plan checkers; City Engineer MITGATION MONfi'ORING PROGRAM SUMMARY, cunt. CIRCULATION IMPROVEMP.NI'AND OPEN SPACEAGREEMENf Implementing Method of Timing of Mitigation Measure Action Verification Verification trict or City polices dictate otherwise. The Plan shall be re- viewed and approved by the City Engineer prior to issuance of gradingpermits. TAW 80. Priorto approval of a site plan review for the Upper Castaways site, the applicant or successor in interest shall pro- vide evidence that they have consulted with the Newport Ilar- bor Lutheran Church regarding the design of the raiderttiat development Design issues to be addressed include, but are not limited to parldog, saws, Ioafm and placement of struc- tures, directional signage, and landscaping. IE\ \CIOSA\MMTBL Condition of Plan check Prior to site plan approval approval for Upper Castaways 28 • Responsible Person Planning Dept plan checker 0 *I Lt C I T'1iw OF NEWPORT B.FWH ROLL CALL Motion • Ayes Noes • MINUTES 0 3 W rA 3IMSt70 to W C7 W x U pIZ U January%1995 Sid Seller, 900 Arbor Street, Cost Mesa, addressed the Council and discussed portions of Council Policy F-1. He also stated that he fell "no one person should have the authority to put money where he or she thinks is the best." In response to Mr. Seller, Council Member O'Neil diptcd it is the Finance Conuni0ce's opinion that the should have the discretion to intent, reinvest, move mon , mound, etc., in order to take the best advantage of the et place. He noted that all of the Cityi; investme are controlled witidn very specific guidelines • and are rela 'veI short -tens investments. Also, at the last Committee m fing, they micvved reports from three imestruenl co ls, and he is quite eomfonable that the City is investing ve • conservatively and that the funds are not bi anyjcepai' vv tsoever. x Following consideration, odon was made by Council Member O'Neil to adopt C ncliPolicy F-1 as revised, Including the three changes s recommended by lire Finance Director in the fo ing, but that the sentence regarding "interest ea ed be inturved t0 resew&' be deleted from said P0'cy and inferred back to the Finance Committee for fu erreviewand report back to the Council. Council Member Glover stated she will be votir against the motion bocause she furls that interest earn ha be returned to n serves. The motion was Wed on and carried. x x x x x x PUBLIC HEARINGS 20. Mayor Pro Tem Debay opened the public hearing regarding: A. TENTATIVE MAP OF TRACT NO. 15011 Request to subdivide 89.2 acres of land into 173 numbered lots for single family detached residential development; 5 lettered lots for public open space purposes; 3 lettered lots for private open space purposes; and 17 lettered lots for private street purposes; and the acceptance of an Environmental Document; AND B. SITE PLAN REVIEW NO. 70 - Request to approve a Site Plan Review for the development of 173 single family detached dwelling units and approximately 3.4 acres of private open space on property LOCATED AT 1501 JAMBOREE ROAD in the Newporter North Planned Community (a portion of Block 55, Irvine's Subdivision, on the northwesterly side of Jamboree Road, between the Newporterliesort and San Joaquin Hills Road). Volume 49 -Page 12 INDEX Ten Map/ Tract 15011 Site Pln Review 70 M r C I 10 OF NEWPORT BACH • • MINUTES tq I3 ROLL ¢ CALL W�3 r ¢� as HIM ' o x o ' o LIb W Z January 9,1995 INDEX Report from Planning Department Ten Map/ Tract 15011 The Planning Director noted that this item includes Tentative Map and Site Plan Review Applications that have been unam mously approved by the Planning Commission. At the Planning Commission hearing of December 9, 1994, no one appeared in opposition to the proposed plan. The staff has transmitted to the Council copies of the stair reports represented to the Commission as well as the minutes of the Commission hearing. Council Member Watt stated she called this item up because she felt it was a major project with significance issues dealing with the future of public open space, and therefore, it should receivepublic input Tom Redwitz, Vice -President of Development and Entitlement, The Irvine Company, addresser) the Council and noted as follows: this project is part of the Circulation Improvement and Open Space Agreemem approved by the City Council in 1992 and the California CoasW Commission; the comprehensive agreement calls for a total of 158 acres of open space to be dedicated to the City as well as over $20 million in road funding for circulation improvements, with the implementation of the Nessporter North project, the Cily will begin to derive the bene6ls of that agreement; similar to their other properties in the agreement, the Nexporter North site was a subject of over five }gars of extensive dialogue, community input, and consensus building to arrive at the final plan; the mull of that consensus building effort is a plan that provides for more open space, land for a significant bluff top public view park, preservation of wetands enhanced and heavily landscaped setbacks along Jamboree Road, and views from portions of Jamboree Road to the lower bay arm in summary, a tremendous effort went in over a long period of time to create a plan that addresses; a wide spectrum of interests. He also thanked the Planning and Public Works staff for their help in bringing this project to the CityCouncil m this time. Allan Beek, 2007 Highland Avenue, addressed the Council and stated tom one of the most refishing things about living in Newport Beach is the views of the Ocean and Bay, and he would hope .that the views front Jamboree Road could be preserved, as he felt it enhances the quality of life for the residents as well as increases propenyvalues. HeurgtdtheCounciltodemardtbatthe project be redesigned to preserve those views from the first turn leaving Santa Badhem Avenue southerly onto Jamboree Road. Volume49-Page13 .` N C I rW OF NEWPORT B#.CH t- MINUTES ROLLIt�' NhII,Il o1cWip W3xv8 MJ ' OJ Z January9,1995 INDEXCALL Gordon Glass, 2024 Avenida Chico, addressed the Ten Map/ Council and stated that in 1992 be appeuad before both Tract 15011 the Pluming Commission and City Council minn theEht for this pmjod was being considesod He distributed copies of the letter he wrote at that dne whkh rercrenoed, in put, his concerns wits the Ica of public view from motorists oubbotud on Jamboree head. He gated that JamborccRoad is one of the major enmancesinto the City, heavily traveled by vWtora, commutcts, and residents. The view In question is, especially during the seven or eight colder months of clear air and crisp views, both re0eddng and Impidng. It is the only comprehensive a erviav of the harbor, peninwila, and ocean from a major thoroughfare within the City. In order to preserve and enhance that view, he proposed at that time that three conditions be placed in the Planed Community District Regulations for the Nmiporlcr North site as enumerated in ids letter. He staled that once the development is built, the existing view will be lost forever. He invited the Council to drive or walk Jamboree Road with -him tic see %hat an Inspiring vinvvvill no longer be if this proposal is approved. I& Rehvitz tespondod to Mr. Glass by stating that during the approval of the Circulation Improvement and Open Space Agreement. the above concern was addressed in their Site Plan process as -Atli as in the EUL Ho referenced the Site Plan on display and slimed where the development has been "pulled back" along Jamboree Road to allmvfor vicws to the lmverbay wm in reply to Mr. Rodwitz, W. Glass addressed the Council again and gated that t c view at that point Is the lock of Ncmporter Knot, unless a motorist turns Ids head nlncty degrees to the right to catch a glimpse of the Upper Hay through narrow John Wayne Gukh, and that contradicts the previous tent about speed or motorists. He fell the main town for the pullback is topography and the proper building pads are so far above the downhill Jamboree Road at that point it will require edensive and unbuiidablesbopes. Heslatcdhebdsra)tdtoPlamtng sta0'did mot gtratlan tat "1Wnryptemke" Council Member Watt toted that back in 1986, a mea m was dckated which would have allowed the expansion of Newport Center and peripheral silo, including this ore, whichmauld have double! In the number of louses had k boon approved She gated she facts that air the years, the City has come a long way In rtt>irdog some or to values on the site. Volume49 • Page 14 n U • • C I 19 OF NEWPORT BACH • 171 MINUTES ROLL �3 CALL iW ��w�Q ace: Ln M x u olz Ulo January INDEX Discussion continual, and in response to questions raised Ten Map / by Council Member Watt, W. Redwitz mrared to the Tract 15011 Site Plan and stated that due bemdng that would ooea along Jambotoo Road is in an area directly in front of the development and will create a more diverse street frontage along Jamboree Road as well as help shield the noise from Jamboree Road to the homes. It is also entirely consistent with the diagram contained in the Planned�Communily Text as part of the approval of the Circulation Improvement and Open Space Agreement. The maximum height of the two story homes will be 29 feed and is also consistent with the zoning text and agreement Regarding slope stabilization, Norm Witt of Coastal Community Builders and representing the applicant, stated that along the area of wetlands along San Joaquin Hills Road, they have engaged a gcolechnical engino:r who has looked at the site and has determined that they can adequately mitigate any soil stability issue along that edgeofproperty. In response to the conocros of the resource agencies (fish and wild life) regarding the habitat in the area, the Public Works Director stated that this was one of the issues raised at the Planning Commission hearing inasmuch as the final plans that would show what the trail width would be, location, surface type, etc., have not been prepanxl; however, it was felt that the building and grading permits for the temainder of the site should not be held up until those decision are made. He stated that be will be working with stag the resources agencies, and The Irvine Company in the design of that access. W. Witt addressed the Council again and explained the Vot parking design for the development and stated there are four parking spaces for each single family dwelling in the project, plus an extra 10 spaces within the development. Them is also some 76 spaces that are between 19 and 20 feet that do not technically qualify as parking spaces. With regard to views, he slated that the project as curendy planned, does not provide for a vicvscape from Santa Barbara to 1200 feet south The amount of grading that would be required in order to get homes low enough so that someone could am a view over the existing homes, would require an export of marry thousands ofyards of dirt. This site is currently balanced and they have graded the lower der so that they can accommodate: the view9capes defined in the agreement Sid SoBer, 900 Arbor Slmel, Costa Mesa, addressed the ' Council and stated that if a person wants a view, then that individual should in turn buy it He indicated that a property owner has the tight to develop his lard within City regulations. Hearing no others wishing to address the Council, the public bearing was closed Volume O-Page IS LD C I r r OF NEWPORT DWCH ROLL CALL Motion All Ayes Motion All Ayes MINUTES 3n W 3W:6 w�o I a C70 H ? January9,1995 In speaking to this project, hfayer Pro Tern Debey stated that in response to the Council Its Mft to all the voles in the community, the City went through a costly and elaborate exercise in detemdning the will or the tna Oft oflhepoopleinMCity, and itwast000gndrxd. Wenow =raw private property rights. We cannot export or allow the public to design pmjocU belonging to the owner of a property. She believes Tlw mine Company has bom very sensitive to all voices and has found A suitable design in the considerate compromise She submits that she speed of trafo on Jamboree Road does not accommodate a prolonged viewing opportunity, but she felt that The Inine Company has mot Ihoconditions that were imposed on it in the approval. x Hearing no further rcnuuks, motion was made by Council Member Clover to sustain the action or the Plarmlatcommisslon. x 17, Following a brief recess. Council Member O'Neil advised that Robed H. Nicholson. the applicant regardingAgmda Ilcm Na 17, APPEAL FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IM1IPROVEMENTS on Balboa Island, bad just approached hhn and told him that be had arrived too late to addnxs the Council regarding his appeal on the nscnt Calendar, and derefom, motion wu made by cil Ale her O'Nell to reconsider this Item on Jan ry23,1995. P Lt AR 21. Mayor Pro cm Debay opened the public hearing regarding ERAL P A AM MEN 1- ;jI-Request the Community Services Department to amend the Use Element and the Recreation and Open Space ment of the General Plan to designate the public t segment of Boisa Avenue between Old Newport B evard and Broad Sweet for park purposes. The am dment of the Land Use Element of the General P will Include an am deseriptionforthepukinthe The amendment to the Recreation and Open S Blement of the General Plan will add the park si to Service Area 3 u a mint park in the Recreation an space Plan and on the Service Area 3 Map; and acceptance of an Environmental Document. Report from Planning Department. Letter from 1L U. IWI and R. E. Nell Family LI led Partnership, expressing concern over the lack parking in the area and traffic Dow to the Riversi Post 0lffce. volume,19-Page 16 INDEX Permit/Appea Nicholson (65) OPA94-2(A) (45) n U • • City Council Meeting January 9, 1995 Agenda Item No. c21-0 CITY OF NEWPORT BEACH TO: Mayor and Members of the City Council FROM: Planning Department SUBJECT: A Tentative Man of ract No 15011 (Public Hearing) Request to subdivide 89.2 acres of land into 173 numbered lots •for single family detached residential development; 5 lettered lots for public open space purposes; 3 lettered lots for private open space purposes; and 17 lettered lots for private street purposes; and the acceptance of an environmental document. AND B. Site Plan Review No. Site plan Review No 70�ublic Hearing) Hearing) • Request to approve a Site Plan Review for the development of 173 single family detached dwelling units and approximately 3.4 acres of private open space on property located in the Newporter North Planned Community. LOCATION: A portion of Block 55, Irvine's Subdivision, located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road, between the Newporter Resort and San Joaquin Hills Road. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant A_r3 lications If approved, the applications submitted will allow the subdivision of the Newporter North property for single family residential development. A tentative tract map has been submitted to provide for the subdivision of the property into 173 residential lots and various parcels for public park and open space uses, as well as for private open space. Tentative Tract Map procedures are set forth in Chapter 19.12 of the Newport Beach Municipal Code and the State Subdivision Map Act. A Site Plan Review approval is also requested as required by the Planned Community • District Regulations. Site Plan Review procedures are contained with the Newporter North 0 TO: Mayor and Members of the City Council - 2 Planned Community District Regulations, as well as Section 20,01.070 of the Newport Beach • Municipal Code. Su2eested Action Hold hearing; close hearing; if desired, sustain, modify, or overrule the action of the Planning Commission in regards to Tentative Map of Tract No.15011 and Site Plan Review No. 70, Plannin¢ Commission Action At its meeting of December 8, 1994, the Planning Commission voted (all Ayes) to approve the applications described above. At its meeting of December 12, 1994, the City Council voted to call the Planning Commission action up for review. Copies of the Planning Commission staff report and an excerpt of the draft Planning Commission minutes are attached for the information of the City Council. PLANNING DEPARTMENT JAMES D. BEWICICER, Director By (A • Patricia L. Temple I' — Advance Planning Manager Attachments: 1. Excerpt of draft Planning Commission Minutes - December 8, 1994 2. Planning Commission staff report - December 8, 1994 3. Supplemental Planning Commission staff report - December 8, 1994 4. Tentative Tract Map 5. Site Plan, Floor Plans, and Elevations PLT: TLANKndoIPATff-11CMPAN7U1501LDW a 11 E VINUTES I ber 8. 1994 ROLL CALL INDEX 3. That Coastal Commission approval shall be obt ' ed prior to the issuance of building permits r the proposed development. 4. That all improvements shall be construct as required by Ordinance and the Public Works D artment. S. That the proposed garage spaces all maintain the required 2 foot 6 inch rear yard s ack adjacent to the alley. 6. That the Planning Com ' sion may add or modify conditions of approv to the use permit, or recommend to the Ci Council the revocation of this use permit, upon a etermination that the operation which is the subje of this use permit, causes injury, or is detrimental the health, safety, peace, morals, comfort or ge ral welfare of the community. 7. This use rmit shall expire unless exercised within 24 months rom the date of approval as specified in Secti 20.80.090A of the Newport Beach Municipal Co . 8, at the two car garage shall be redesigned so as to provide a minimum of 7 foot 9 inch wide garage doors. A Tentative Mao of Tract No 15011 (Public Hearina) item xo.8 Request to subdivide 89.2 acres of land into 173 numbered lots for single family detached residential development; 5 lettered lots for public open space purposes; 3 lettered lots for private open space proposes; and 17 lettered lots for private TTM 15011 � street purposes; and the acceptance of an environmental document. -29- �b COMMISSIONERS 9.L O CITY OF NEWPORT BEACH MIrJUTF:S, ne o�t,o. Q 10 ROLL CALL „T INDEX AND Site Plan Review No. 70 (Public Hearing) SPR 70 equest to approve a Site Plan Review for the development Approved f 173 single family detached dwelling units and approximately 3.4 acres of private open space on property located in the ewporter North Planned Community. OCATION: A portion of Block 55, Irvine's Subdivision, located at 1501 Jamboree Road, on the southwesterly corner of Jamboree Road and San Joaquin Hills Road, in the Newporter North Planned Community. ONE: P-C . PLICANT: The Irvine Company, Newport Beach WNER: Same as applicant NGINEER: Van Dell and Associates, Inc., Irvine atty Temple, Advance Planning Manager, stated that the object site was one of twelve parcels owned by The Irvine ompany which were addressed in the Circulation mprovement and Open Space Agreement (CIOSA). The rvine Company is generally, in concurrence with the findings nd conditions of approval in Exhibit "A" with a few xceptions. The development proposed will result in 173 esidential units which is 39 units less than the 212 units slowed by the General Plan and the CIOSA Agreement. The rimary issue associated with the project is the provision of he number of parking spaces required by the adopted lanned Community District Regulations. The reduced lot dth proposed by the applicant which necessitates the xception to the subdivision of the Code, combined with the • -30- COMMISSIONERS • � �O O`��trtP 4 & 0 MINUTES CITY OF NEWPORT BEACH December 8 1994 • & 0 MINUTES CITY OF NEWPORT BEACH December 8 1994 ROLL INDEX CALL elatively low number of driveway spaces, makes provision of equired parking difficult. The Irvine Company believes that he issue can be resolved although it may require odifications to the map submitted. The changes may include reduced number of lots, the possible addition of a recreation omplex, and/or a change of a portion of the lots to larger ots. The 'Irvine Company has concurred with the condition ddressing the issue. Ms. Temple explained the following odifications to the findings and conditions that were ddressed in the addendum to the staff report. Finding No. 3; itigation Measure Nos. 2, and 17; Tentative Map of Tract o. 15011 Condition Nos. 9, 12, 13, 14, 16, 19, 21, 34, 35, 38, 0, and 41; and Site Plan Review Condition Nos. 2 and 4. s. Temple stated that The Irvine Company expressed oncerns that modified Condition Nos. 12 and 13 of the entative map added The trail shall be designed to meet any turisdictional requirements of the U. S. Fish and Wildlife Service, lie California Department offish and Game, and the California oastal Commission. The trail plans can be processed separately om the residential tract plans. Ms. Temple explained that the ewporter North site is an environmental sensitive site. When biological survey was conducted at the time them nvironental Review Report was prepared that Federally isted threatened species were discovered, and coastal sage crub habitat exists on the bluff faces of the Newporter North ite. The U: S. Fish and Wildlife Service is an agency that is nvolved in the NCCP Program which is the program devised y the State to identify habitat areas which should be reserved for the long-term preservation of the gnatcatcher as ell as other threatened species within the coastal sage scrub ommunity. The representative of the U. S. Fish and Wildlife ervice expressed concerns to The Irvine Company regarding he width of the blufftop trail, and the presence of all of the rails in the John Wayne Gulch area. The concerns were rimarily related to human presence and activity closer to own gnatcatcher habitat. The concerns were not expressed irectly to the City, and to our knowledge the U. S. Fish and 4 -31- COMMISSIONERS 'o�s�` CITY OF NEWPORT BEACH MINUTES, ROLL 7INDEX CALL ildlife Service does not have any permit jurisdiction over the rails. The Irvine Company does not want to be involved in a Iurisdictional conflict between the City and the resource gencles. In reference to Condition Nos. 12 and 13, Ms. emple explained that the intent is to provide The Irvine Company with the ability to proceed with the project prior to e implementation of the trail and that the project not be elayed if necessary permits are withheld by any of the gencies. The Irvine Company is concerned that situations ould occur with regard to the implementation of the trails, nd that the public not be misled with respect to the ompletion of the trails. n response to comments by Commissioner Pomeroy with espect to the foregoing remarks, Ms, Temple explained that he trails are not connected to the permits for the residential roject. , ommissioner Ridgeway addressed his concerns regarding the rading on the site. Ms. Temple replied that the intent of the oregoing language is if permits cannot be achieved or if they ould be denied that The Irvine Company would be allowed rading to implement the residential project. Ms. Temple pined that the Coastal Commission is the only entity that ssues a permit for construction, and the City is not ignoring he other services; however, they are interested parties. ommissioner Ridgeway stated that the Negative Declaration dequately addresses the open space and environmental =erns, and the proposed project is designed to ccommodate those concerns. Ms. Temple stated that it is the tent to receive a Coastal Development Permit that ncompasses the trails. e public hearing was opened in connection with this item, d Mr. Tom Redwitz, Vice President of Development ntitlement for The Irvine Company, appeared before the tanning Commission. He stated that with the mplementation of the subject project the City will receive , -32- �1 1� • ' COMMISSIONERS • -9�, O� E • . MINUTES CITY OF NEWPORT BEACH nP.remhe.r R_ 1994 ROLL INDEX CALL dditional benefits from the CIOSA Agreement through open pace dedication and circulation improvements. He addressed he numerous meetings that occurred to arrive at the final lans, and the final plans provide more open space, land for ignificant public view park, preservation of wetlands, nhanced and heavily landscape setbacks on Jamboree Road; nd views from portions of Jamboree Road to a lower bay ea. r. Norm Witt, Vice President of Coastal Community uilders for The Irvine Company, appeared before the Tanning Commission. Mr. Witt concurred with the findings nd conditions in Exhibit "A", including modifications to the forementioned Condition Nos. 12 and 13 of the tentative ract map. The Irvine Company concurs with Ms. Temple's revious comments that the grading and building permits ould not be delayed pending resolution of the location, size, I r character of the trails. n response to questions posed by Commissioner Ridgeway, r. Witt stated that The Irvine Company would continue with he final design and proceed with the program based on oastal Commission approval that would allow the bluff top rail. In reference to Condition No. 12, 'Mr. Witt and ommissioner Ridgeway discussed the proposed design of the foot wide pedestrian trail that would be constructed along he northerly side of John Wayne Gulch between the end of he bluff top trail and Jamboree Road. mrnissioner Adams asked if a disclosure would be provided o the residents in the sales documents that would inform the esidents of the proposed trail? Commissioner Ridgeway esponded that a full disclosure is,required by DRE. Mr. Witt tated that The Irvine Company has a program of notifying the omeowners the issues that may be relevant to the project. . ere being no others desiring to appear and be heard, the ublic hearing was closed at this time. -33- 1� COMMISSIONERS 0 MINUTES.. CITY OF NEWPORT BEACH \ 9'OF,`�p\�if� December 8,190 RCALLOLL INDEX mmissioner Pomeroy expressed a concern regarding the legal implications that could occur regarding aforementioned modified Condition Nos. 12 and 13, which could delay ompletion of the bluff top trails. Mr. Redwitz reappeared efore the Planning Commission. He. indicated that The rvine Company requests acknowledgement.from the Planning ommission that they may have some approvals to obtain tom the U. S. Fish and Wildlife Service. The Irvine ompany and the City cannot preempt Federal Law which ould require potentially some permits, and The Irvine ompany wanted to make it very clear that they heard revious to the subject public hearing from the U. S. Fish and Wildlife Service regarding some concerns on the design of the rail. The Irvine Company wants to work towards consensus, btain their approval, and they do not want to be caught in a ituation where they could not comply with another agency. iscussion ensued between Mr. Redwitz and the Planning . ommission concerning the foregoing comments. Chairman ifford stated that the modifications are being suggested for he benefit of the applicant; therefore, the Planning ommission should hear The Irvine Company's point of view n the issue and if they are satisfied with the condition the lanning Commission should not be proposing to impose on heir interests. r. Bernard Maniscalco, Vice President and General anager for the California Coastal Builders appeared before he Planning Commission. Mr. Maniscalo stated that Federal nd State Law determines the jurisdictional requirements; owever, Condition No. 12 indicates that ultimately an mprovement is required to construct a pedestrian trail. Mr. aniscalco addressed the trails and open space area where etlands and endangered species exist, and he emphasized hat it is necessary to receive support from the U. & Fish and Wildlife Service. n reference to the sentence 77te trail plans can be processed eparately front the residential tract plans, Ms. Temple stated , -34- COMMISSIONERS • � F � s Mot A13 4 • * MINUTES CITY OF NEWPORT BEACH nPrrmhPr R. 1994 ROLL INDEX CALL hat the only detriment that the City can determine is that it mould allow The Irvine Company to proceed with the evelopment if the trails could not receive permit; therefore, otentially building an opposition in the future if the City ttempted to implement the trails at a later time. If the modified language would be deleted it is possible that there mould be a condition that could not be complied with if The Irvine Company could not receive the permits. n response to questions posed by Commissioner Adams with espect to the proposed park associated with the bluff top trail nd the parking facilities. Mr. Webb and Ms. Temple esponded that there is no identifiable location for on -site arking for the park. It is likely that the parking will be rovided on the streets and San Joaquin Hills Road. Ms. emple stated that the Community Services Department has ' onsidered the subject park property to be passive, primarily facilities, is pedestrian trail, no active park and primarily 'ewed as open space and access to open space. LVotion was made and voted .on to approve Tentative Map of ion Ayes ract No. 15011 and Site Plan Review No. 70 subject to the evised findings and conditions in Exhibit "A". MOTION ARRIED. Environmental Document Findings: 1. That CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. Among several uses the program EIR can provide the basis in an Initial Study for determining whether the later activity may have significant effects (CEQA Guidelines, section 15168, subd.(d).) , ' -35- COMMISSIONERS MINi)TFS' CITY OF NEWPORT BEACH 199a Decemoer a ROLL INDEX CALL CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or in the case of a mitigated negative declaration any effects which cannot be eliminated or reduced to a level of insignificance. (Guidelines, section 15070. subd.(b) and 15153, subd.(c).) The Initial Study analyzed the proposed site plan and tentative map for the Newporter North residential development based on information contained in the , previously certified 1992 Final CIOSA Program EIR and any new information which has become available regarding the project. i 4. The assumptions and conclusions of the 1992 Final , CIOSA Program EIR have been found to be valid and appropriate for use in evaluating the current proposal. The Initial Study has found that there are no new potential significant adverse impacts which cannot be eliminated or mitigated to a level of insignificance. itigation Measures: 1. That all mitigation measures applicable to the project set forth in Final Environmental Impact Report No. 148 be complied with as set forth in the approved mitigation monitoring program. The City of Newport Beach shall provide adequate parking if necessary for the bluff top park area on Newporter North. A specific parking plan shall be prepared concurrent with preparation of park facility plans for the view park. Parking shall be convenient to either trail access. , -36- r �l� COMMISSIONERS 0 MINUTES d�, pCin dr. CITY OF NEWPORT BEACH December 8 1994 ROLL INDEX CALL 3. Prior to the acceptance of the slopes facing San Joaquin Hills Road by the City, the lower portions of the slope shall be stabilized in a manner acceptable to the City Grading Engineer and the Public Works Department. If remediation techniques other than slope reconstruction are proposed, the applicant shall fund an independent, third party analysis of all geotechnical information, with the consultant to be selected by and responsible to the City. This study shall be used by the City to verify the adequacy of the slope stabilization program to maintain the stability of all slopes dedicated to the City for the foreseeable future. To prevent the accidental intrusion of grading and construction activity extending beyond the 60 foot • contour above John Wayne Gulch, a temporary barrier that will function as both a visible warning to construction crews and a physical barrier against construction activities shall be installed along the 60- foot contour prior to construction of any grading or site preparation and shall be remain in place until all such activities have ceased (including installation of landscaping). 5. The manufactured slope along the southern edge of the project paralleling John Wayne Gulch shall be planted in native coastal sage scrub vegetation. The coastal sage scrub will act as a visual barrier for wildlife using John Wayne Gulch. 5. The 6 foot high wrought iron fence proposed along the edge of residential lots at top of. the manufactured slope shall be constructed with the lower half of the fence comprised of a solid masonry material. This design will decrease the amount of noise from the development effecting wildlife using John Wayne • -37- X .1% COMMISSIONERS 00 ac\0150 00sb\o CITY OF NEWPORT BEACH MINUTES , , December & 190 ROLL CALL . INDEX Gulch. The top of the fence may be any material including wrought iron, plexiglass, etc. 7. The detention basin (Proposed Basin No. 2) shall be created with a soft bottom to permit percolation, thus lessetring the amount of water flowing directly to John Wayne Gulch. The detention basin shall be divided into cells and each cell shall be planted with freshwater emergent vegetation. Directing runoff through this vegetation will be effective in cleaning the urban runoff prior to its release into John Wayne Gulch. The cells shall be maintained and cleaned periodically. A manual detailing maintenance guidelines for the detention basin cells shall be prepared prior to issuance of a grading permit for the retention basin. This manual shall be approved, by the City of Newport Beach Planning and Public Works Departments in consultation with the California Department of Fish . and Game and U.S. Department of Fish and Wildlife. The wetland habitat created in the detention basins should not be construed as mitigation for impacts to jurisdictional wetlands because necessary periodic cleaning of the cells will be necessary to keep them functioning as designed. 3. Prior to the removal of any coastal sage scrub, the U.S. Fish and Wildlife Service, California Department of Fish and Game, and the County of Orange shall be notified of the proposed removal. All removal of coastal sage scrub shall be done in accordance with Natural Communities Conservation Plan guidelines. Verification of this consultation and adherence to the NCCP guidelines shall be provided in writing to the City of Newport Beach prior to issuance of any clearing or grading permit for the area which will effect the coastal sage scrub habitat. • -38- COMMISSIONERS • O • . MINUTES CITY OF NEWPORT BEACH December 8 1994 ROLL INDEX CALL Coastal sage scrub vegetation shall be removed outside of the breeding season of the California Gnatcatcher. All removal, clearing, and grading in the area shall occur in the period between August 15 and February 10. Any removal of wetlands related to the shear key and cutoff trench shall be done at the same time. 0. Coastal sage scrub which will not be directly impacted by removal shall be protected with orange snow fencing (or similar material). Silt fencing shall be installed in ' places where grading will occur within 10 feet of the edge of bluff. I 1. A qualified biological monitor shall be present during all activities related to the removal of coastal sage scrub and grading/clearing in areas adjacent to coastal sage scrub. This monitor shall be approved by the City of Newport Beach. The monitor shall have the authority to stop any activities which are intruding into coastal sage scrub habitat. 2. Coastal sage scrub habitat shall be removed from east to west to allow the California Gnatcatcher to disperse into other adjacent areas of coastal sage scrub. 3. After slope stabilization measures are completed, coastal sage scrub revegetation shall be implemented following all applicable agency guidelines. Coastal sage scrub shall be replaced at the same location from which it is being removed, both on the manufactured slope and natural flat bluff edge near the bluff trail. Revegetation shall take place on the manufactured from Lot 34 to Lot 38 and on the natural bluff slope top below the manufactured slope from point 150 feet west of Lot 28 to Lot 38. A conceptual restoration/revegetation plan shall be designed and approved prior to issuance of a grading -39- laa COMMISSIONERS V , Q� !r CITY OF NEWPORT BEACH MINUTES , ROLL INDEX CALL permit. Coastal sage scrub that is removed from the site shall be used for revegetation on -site to ensure species composition integrity on the site. Any supplemental seed mixture that may be used in the revegetation area shall be of the same species and planted in the same ratio as shrubs found currently on site. 4. In the vicinity of the wetlands, the proposed bluff trail shall be designed along the general vicinity of an existing footpath which skirts the northern edge of the wetlands. This will minimize impacts to the wetland in the vicinity of the bluff trail. 5. Wetlands buffers shall be provided to protect wetlands areas consistent with the CIOSA Agreement, and California Department of Fish and Game and Coastal Commission requirements. 6. The following recommendations shall apply to manufactured slopes behind Lots 20 to 53 including the north slope of the access road, Lots 151 to 168, and the western slope of the detention basin. (Latin names for all listed species are contained in the supplemental biological assessment on file with the City of Newport Beach). a) Ground saltbush, or Australian saltbush, is non- native and highly invasive. It shall be eliminated or replaced with quail brush or four -wing saltbush. Both of these species are native to Newport Bay, . b) Eucalyptus trees tend to be invasive and produce allelopathic chemicals that inhibit growth of other plants. Eucalyptus trees shall be eliminated and replaced with Mexican elderberry or coast live oak. Both species are native. , -40- • COMMISSIONERS . Iva, 'i� 0.y�� CITY OF NEWPORT BEACH MINUTES December 8. 1994 ROLL CALL INDEX c) Myoporum and acacia, both non-native and invasive, shall be eliminated or replaced with Mexican elderberry or lemonadeberry. d) Japanese honeysuckle shall be eliminated and replaced with southern honeysuckle, a native plant. e) Rockrose, Lantana, and pride of madeira shall be eliminated or replaced with natives such as bladderpod, monkey -flower, royal penstemon, and silver lupine. f) Other acceptable groundcover species are miniature lupine, blue -eyed -grass, blue dicks, and purple needlegrass. 7. That mitigation measure number 78 of the CIOSA Agreement is modified, as follows: Prior to the approval of the final tract map and/or a park development plan (whichever comes first), a City - approved biologist shall be retained at the developers expense, to further estimate the potential for human and pet intrusion into the coastal sage scrub habitat on the Newporter North site. Based on this estimate, the biologist shall assess whether this estimated' level of intrusion would significantly effect the gnatcatcher population on site. This study shall include, at a minimum, a current literature search and review of all current research and studies related to the issue of human and pet intrusion into sensitive habitat areas including coastal sage scrub habitat and an updated survey of the current gnatcatcher population on site. Additional fieldwork shall be conducted if recommended by the biologist to determine the potential for significant impacts from human and pet intrusion. -41- COMMISSIONERS MINUTV,S , , CITY OF NEWPORT BEACH ROLL CALL uecemoer at i INDEX If the level of the expected intrusion is considered of sufficient magnitude to significantly impact the California gnatcatcher population on site, mitigation measures shall be designed and placed as conditions on the residential project and the future park development to reduce the impact to the extent feasible. Such design and operational measures could include perimeter fencing, homeowner and community education programs about the potential impact of cats on wild birds, programs for trapping and removing problem animals, relocation of proposed trails within the open space area, and provision of appropriate landscaping materials. rentative Map of Tract N 1 Findings: , 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. Z. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That grading and drainage improvements are required along the bluff top trail in order to prevent continued erosion of the natural bluffs. That the access drive is required at San Joaquin Hills Road and "G" Street for maintenance, emergency rescue and police patrol access to the bluff top area. 5. That the traffic signal will need to be modified at Jamboree Road and Santa Barbara Drive with the construction of an entrance into the tract. , -42- COMMISSIONERS • • MINUTES E CITY OF NEWPORT BEACH December 8. 1994 ROLL INDEX CALL Condition 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the final map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9- 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. Z. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a grading or building permit prior to completion of the public improvements. t. That each dwelling unit be served with an individual -water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by -43- a COMMISSIONERS U MINUTES' , CITY OF NEWPORT BEACH December 8, 190 �- ROLL INDEX CALL the Public Works Department and the Building Department, 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 5. That the design of the private streets and drives conform with the City's Private Street Policy (1-4), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 32 feet parking one side and 36 feet parking both sides. That the entrance drive into the development, Lots "A", "D" & "E" to "E" Street have a minimum curb to curb width of 36 feet with parking one side, and 40 feet with parking both sides. That the proposed tract entrance line up with the existing Santa Barbara Drive intersection with the design to be approved by the City , Traffic Engineer. That the location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. That the intersection of the private streets and drives be designed to provide sight distance for a local street in conformance with City standard 110-L Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. That the California Vehicle Code be enforced on the private streets and drives, and that all traffic control devices shall be shown on a plan approved by the Public Works Department. , -44- �5 COr�MISSIONERS • 0 • MINUTES CITY OF NENVPORT BEACH December 8. 1994 ROLL INDEX CALL 9. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. The entrance shall have a minimum of 2 lanes entering and 2 lanes exiting the development, a 12 foot wide left turn lane and an 18 foot wide lane for straight through and right turn movements unless otherwise approved by the Traffic Engineer. The design shall be reviewed and approved by the Public Works Department and Fire Department. The controlled entrance location may be modified from that shown on the site plan based upon future technical studies. 10. That easements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map unless otherwise approved by the Public Works Department. 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 12. That a 6 foot wide pedestrian trail fit to the natural terrain be constructed along the northerly side of John Wayne Gulch between the end of the bluff top trail and Jamboree Road with the design to be approved by the Public Works Department, the Community Services Department and the Planning Department. The trail surface shall be decomposed granite or similar firm walking surface. The trail shall be designed to meet any jurisdictional requirements of the U.S. Fish and Wildlife Service, the California Department of Fish and Game and the California Coastal Commission. The -45- COMMISSIONERS 9„r.0„c•'�O�'p�S' CITY OF NEWPORT BEACH MINUTE$ � , December 8, 190 ROLL CALL INDEX trail plans can be processed separately from the residential tract plans. 3. That a 12 foot wide bluff top trail shall be constructed with a connection on the north at San Joaquin Hills Road and a connection on the south to a pedestrian trail along John Wayne Gulch and the southerly access road extending from "G" Street. The City shall pay for the difference in cost between 8 foot and 12 foot trail. The trail shall be structurally designed to handle maintenance and emergency vehicular traffic. The Trail shall be located a minimum of 15 feet from the top of proposed slope. The design of the trail shall include provisions for lighting and be approved by the Public Works Department, General Services Department, Utilities Department, Fire Department, Police Department and the Community Services Department. That the landscaping between the trail and the tract be maintained by the Developer/Homeowners Association. The trail shall be designed to meet any jurisdictional requirements of the U.S. Fish and Wildlife Service, the California Department of Fish and Game and the California Coastal Commission. The trail plans can be processed separately from the residential tract plans. 4. That the bluff top open space area and the pedestrian trail shall be designed to convey the drainage away from the top of slope to be picked up by a storm drain system to be constructed by the developer maintained by the City. All landscaping inland of the bluff top trails shall be planted and maintained by .the developer/association. An agreement shall be required for maintenance of the landscape and approved as to form by the City Attorney's office. S. That the sidewalk along San Joaquin Hills Road be reconstructed to a 12 foot width between Jamboree • -46- a1 u COMMISSIONERS • O'lr01 d 'gyp CITY OF NEWPORT BEACH MINUTES December 8. 1994 ROLL INDEX CALL Road and the bluff top trail connection at San Joaquin Hills Road. The design of the connection shall be reviewed and approved by the Public Works Department. 6. That right-of-way be dedicated and Jamboree Road be widened to provide a minimum roadway width of 48' between the double left turn lane at Santa Barbara Avenue and the westerly curb and a 12 foot wide sidewalk. That the sidewalk along the Jamboree Road frontage be reconstructed to a 12 foot width to match the 12' sidewalk south of the development and that street lights be constructed along the Jamboree Road frontage. That the median island be modified to provide a 200 foot long northbound left turn pocket. The design of these improvements shall be reviewed and approved by the Public Works Department. These improvements shall be completed prior to occupancy of the first residential unit, excluding models. 7. That a bus turnout and shelter pad be constructed on Jamboree Road just south of Santa Barbara Drive as approved by the Public Works Department and the Orange County Transit Authority. 8. That Jamboree Road shall be restriped to provide clear ingress and egress to the site. 9. That the grading construction access to the development shall be from San Joaquin Hills Road; that the last 100 feet of haul road adjacent to San Joaquin Hills Road shall be paved with asphalt with another 100 feet of aggregate adjacent to the asphalt to truck tires unless an alternate plan is approved clean by the Public Works Department. A plan for cleaning the trucks must be approved by the Traffic Engineer. After the completion of roadway improvements along Jamboree Road, including traffic signal modifications -47- a COMMISSIONERS o ct�c�,�0 o s'Yyq�r CITY OF NEWPORT BEACH MINUTES' . ROLL INDEX CALL and a paved access road, access can be taken from Jamboree Road utilizing the site access road. 0. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 1. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. Existing on -site corrugated metal pipe (C.M.P.) drainage pipe shall be replaced with reinforced concrete pipe (R.C.P.) unless Department. , otherwise approved by the Public Works The condition includes all areas covered by the subdivision map. Unused C.M.P. shall be removed or filled and abandoned in place to minimize environmental damage. 2. That the Hydrology for the development include additional drainage that will be created from expansion within Newport Center. 23. That a 20 foot water, sewer and storm drain easement be provided at the southerly end of the development under a graded access road between "G" Street and Jamboree Road. That the easement be paved with an all weather access road as approved by the Public Works Department and Utilities Department. 4. That the water serving the proposed tract shall be a looped system to Jamboree Road with one connection at Santa Barbara Drive and the other connection from "G" Street by way of a 20 foot easement for water, , -48- EJ COMMISSIONERS A y 0 CITY OF NEWPORT BEACH MINUTES December 8, 1994 %J ROLL INDEX CALL sewer and storm drain purposes. The design of the system shall be reviewed and approved by the Utilities Department and Public Works Department. 5. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Utilities Department, Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 6. That the proposed southerly sewer connection into Jamboree Road be relocated so that it is not constructed through the proposed retention basin. The location this line shall be approved by the Utilities of Department and the Public Works Department 7. That County Sanitation District fees be paid prior to issuance of any building permits. 8. That the Public Works Department plan check and inspection fee be paid. 9. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Jamboree Road right-of-way. 0. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by -49- 3 b COMMISSIONERS 00 16- qA 0180%7\60 n U CITY OF NEWPORT BEACH MINUTES ' December 8, 1990 ROLL CALL INDEX the Fire Department prior to storage of any combustible materials or start of any structural framing. 31. That the Coastal Bluff property line setback from the edge of the 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. 32. That the landscape plans shall be subject to the review of the Public Works Department and General Services Department and any landscaping adjacent to or within the view trails and parks shall be subject to review by the Community Services Department. ' 33. That all above grade utility enclosures shall be located in such a manner as to provide a minimum 4'0" clear width sidewalk on private streets and 8'0" width on public streets. 34. That Lot No's. "R", "U", "V", "X" and 'W" shall be maintained by the Irvine Company/Homeowners Association. 35. That a minimum of two parking spaces per dwelling unit be provided, plus two guest parking spaces per unit. Of the guest spaces, a minimum of one per unit shall be provided on -street or in commonly accessible parking bays. Compliance with this condition may require modification to the tentative map submitted, which may include the addition of a community recreation facility, a reduction in the number of single family building sites, or the addition of larger lots in parts of the subdivision. -50- 3� 1 0 COMMISSIONERS ft, 'dr • y�O0 • n U CITY OF NEWPORT BEACH MINUTES noppmhar R toad ROLL INDEX CALL 36. An increase in the rate of groundwater recharge related to the proposed development and related irrigation systems may adversely affect bluff stability and increase the current rate of bluff retreat. Plans and recommendations mitigating these effects shall be reviewed and approved by the City Grading Engineer prior to issuance of any grading permits. 7. Minimum fire flow requirement is 1000 gpm at 20 psi residual pressure. 8. The location of all fire hydrants within the subdivision shall be reviewed and approved by the Fire Department. A hydrant shall be provided in the view park in the vicinity of the access road. 9. Comprehensive soil and geologic investigation to provide mitigation recommendations for all gross or surficially unstable existing or proposed on -site or adjoining slopes will be required. 0. That the lot lines for Lot "R" shall be modified to comply with the bluff top setback requirements if applicable; that is, the 40 foot property line setback. 1. Note 10 on the Tentative Tract Map shall be revised to eliminate the reference to a vesting tentative tract map. ite Plan Review N indin 1. That the development of Newporter North will not preclude implementation of specific General Plan objectives and policies if in accordance with the plans as modified by the condition for approval. COMMISSIONERS A INO0,000 'p s CITY OF NEWPORT BEACH MINUTES - . December 8 100 ROLL CALL INDEX 2. That the value of the property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulls, inappropriate placement of structures and failure to preserve where feasible natural landscape features, Conditions: 1. That development shall be in substantial conformance with the approved conceptual grading plan, site plan, floor plans and elevations, except as modified in the following conditions and those imposed on the Tentative Tract Map. 2. That a minimum of two parking spaces per dwelling unit be provided, plus two guest parking spaces per unit. Of the guest spaces, a minimum of one per unit , shall be provided on -street or in commonly accessible parking bays. Compliance with this condition may require modification to the tentative map submitted, which may include the addition of a community recreation facility, a reduction in the number of single family building sites, or the addition of larger lots in parts of the subdivision. 3. That this site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 K of the Newport Beach Municipal Code. 4. That all chimney heights conform to the requirements of the Newport Beach Municipal Code; unless otherwise approved by the Modifications Committee. sss , -52- J • Planning Commission Meeting December 8. 1994 Agenda Item No. 8 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A Tentative Man of Tract No.15011 (Public Hearing) Request to subdivide 89.2 acres of land into 173 numbered lots for single fanuly detached residential development; 5 lettered lots for public open space purposes; 3 lettered lots for private open space purposes; and 17 lettered lots for private street purposes; and the acceptance of an environmental document. AND B. Site Plan Review No. 70 (Public Hearing) • Request to approve a Site Plan Review for the development of 173 single family detached dwelling units and approximately 3.4 acres of private open space on property located in the Newporter North Planned Community. LOCATION: a,lell,blocatedRoad, 15Jamboree Rodtonhnorthwesteyside of Jamboree betwhe Newporter Resort and San Joaquin Hills Road. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant Annnlications If approved, the applications submitted will allow the subdivision of the Newporter North property for single family residential development. A tentative tract map has been submitted to provide for the subdivision of the property into 173 residential lots and various parcels for public park and open space uses, as well as for private open space. Tentative Tract Map procedures are set forth in Chapter 19.12 of the Newport Beach Municipal Code and the State Subdivision Map Act. A Site Plan Review approval is also requested as required by the Planned Community • District Regulations. Site Plan Review procedures are contained with the Newporter North 3`� t� TO: Planning Commission - 2. Planned Community District Regulations, as well as Section 20.01.070 of the Newport Beach • Municipal Code, Environmental Significance This project was on ally reviewed pursuant to the California Environmental Quality Act (CEQA) as part of the Program Environmental Impact Report prepared for the Circulation Improvement and Open Space Agreement (CIOSA).. As provided for by CEQA, the City has used this Program EIR to provide the basis for an initial study. Through the initial study process, the City has reviewed the detailed information now available with the subdivision map and site plan review submittal in order to determine if, based on this new information, the determinations of the original EIR are still appropriate. The new initial study has revealed that, with the fifteen new mitigation measures suggested, there are no new significant environmental effects which cannot be mitigated to a level of msiignificance. Therefore, a Negative Declaration has been prepared for the consideration of the Planning Commission. In reviewing the project for compliance with the mitigation measures adopted as part of the CIOSA agreement, staff has noted a certain amount of ambiguity in measure number 78. Staff suggests the measure be modified as suggested in Exhibit "A", as follows: 78. Prior to the approval of the final tract map and/or a park development plan (whichever comes . first), a City -approved biologist shall be retained at the developers expense, to further estimate the potential for human and pet intrusion into the coastal sage scrub habitat on the Newporter North site. Based on this estimate, the biologist shall assess whether this estimated level of intrusion would significantly effect the gnatcatcher population on site. This study shall include, at a minimum, a current literature search and review of all current research and studies related to the issue of human and pet intrusion into sensitive habitat areas including coastal sage scrub habitat and an updated survey of the current gnatcatcher population on site. Additional fieldwork shall be conducted if recommended by the biologist to determine the potential for significant impacts from human and pet intrusion. If the level of the expected intrusion is considered of sufficient magnitude to significantly impact the California gnatcatcher population on site, mitigation measures shall be designed and placed as conditions on the residential project and the future park development to reduce the impact to the extent feasible. Such design and operational measures could include perimeter fencing, homeowner and community education programs about the potential impact of cats on wild birds, programs for trapping and removing problem animals, relocation of proposed trails, and provision of appropriate landscaping materials. SubiectProoerty and Surrounding Land Use The subject property is a vacant site on the westerly side of Jamboree Road between the Newporter Resort and San Joaggin Hills Road. To the north are the Park Newport Apartments. To the west is Upper Newport Bay, with the Newport Aquatic Center and Dover Shores beyond. To the south is the John Wayne Tennis Club and the a rter Resort with Back Bay Drive • beyond. To the east, across Jamboree Road, are the Seaa nand condominiums, the Newport I I 1 TO: Plong Commission - 3. • Beach Country Club, the Newport Harbor Chamber of Commerce, the Newport Beach Police facility and automobile -related commercial uses. Comnliance with the General Plan and the Local Coastal Program, Land Use Plan The site is designated for Single Family Detached land use in both the General Plan Land Use Element and the Local Coastal Program, Land Use Plan. The site is allocated a maximum of 212 dwelling units. The proposed development is consistent with this land use designation. Background The approval of the Circulation Improvement and Open Space Agreement was concluded in June, 1993 with the approval of the California Coastal Commission. The agreement sets forth a comprehensive program of circulation system funding, open space dedications and land use entitlement. The Newporter North site was part of the agreement, which established the development areas, dedication areas, and frontage improvement requirements for the project. The area for residential development was established at 30 acres, and the balance of the site set aside for open space, bluff and view park dedication. The frontage improvement obligation was set at $300,000, which will complete Master Plan improvements along Jamboree Road. • Analysis Tentative Tract Map No. 15011. The design of the subdivision is generally consistent with the CIOSA Agreement and the City's subdivision requirements. The most significant point of departure is the typical size of the proposed residential lots, which does not meet the minimum standards of the City's subdivision requirements. The subdivision proposed depicts detached, single-family lots which range from 40 to 50 feet in average width, where the subdivision code requires a minimum 50 feet in width (60 feet on comer lots). The lots are in a "Z" lot configuration, which will allow front and rear yard use easements which will have the effect of a zero lot line development. The typical lot diagram on the technical site plan (sheet 2 of the submittal package) illustrates the lot configuration and easement concept. Exception to the Subdivision Code. Section 19.32.020 of the City's Subdivision Code sets forth the conditions for granting an exception. There are three general requirements for the granting of an exception, as follows: 1. That there are special circumstances or conditions affecting the property. 2. That the exception is necessary for the reservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated. It is the opinion of staff that the requested exception meets the criteria stated above. The • property is one of the sites addressed by the Circulation Improvement and Open Space Agreement. That agreement provides for a package of open space dedications and circulation 0 TO: Planning Commission - 4. system improvement funding which are greater than each project could have generated • individually. As a part of that agreement, the City committed to specific levels of entitlement for each development site, and the proposed project is within the established entitlement for this site. Therefore, there are special conditions which relate to this property (the Agreement) and the exception is necessary to maintain the property right of the petitioner, since the established entitlement is greater than that provided for in the agreement. It is also the opinion of staff that there will not be any detrimental effects to the public welfare or other properties in the vicinity. The development site is ph sically isolated from other development in the area, with sole access from Jamboree Road. Additionally, the size of the lots is typical for the type of development proposed, and the lots are larger than those found in many areas of the City. Also, the development of detached, msingle-family units is generally considered to be more desirable than attached housing, which could easily be accomodated on the site without the requested exception. Additionally, there are two special criteria for the granting of an exception to the requirements and regulations relating to lot size and configuration in an R-District Planned Development: 1. An open space or recreational lot is to be provided for the use and benefit of the family dwelling units in the development. 2. The total land area of the development divided by the total number of family dwelling units provides an average land area per family dwelling unit equal to or more than that required by the regulations of the district in which the land is located. Total land area of the development shall include the land area of open space or recreational area lots but shall not include land • area being set aside for the rights -of -way of public or private streets and alleys, It is the opinion of staff that the proposed project meets the additional criteria set forth above. Significant open space is set aside and will be dedicated to the City as part of the proposed project. This open space will include a view park adjacent to the existing bluff which will be of sgnficant benefit to development. Two thirds of land encompassed by the subdivision is to be set aside for public park or open space uses. The average landareaper dwelling unit exclusive of streets is 20,496 sq.ft., which is greater than the 5,000 sq.ft, per lot required by the City's subdivision code. Street Names, The City's Subdivision Code requires the Planning Commission to review and approve of the street names for the subdivision, The recent changes to processing procedures for tract maps (omitting Planning Commission review of Final Maps) requires that this issue be addressed at the Tentative Map stage. The Irvine Company has submitted street names which have been reviewed and modified by the Fire Department. The Irvine Company has agreed to the changes, which are now submitted for the consideration of the Commission: StrAeet Newporter Way B Point Estero C Point Reyes D Point Vega E (N/W of Newporter Way) Point Reyes E (S/E of Newporter Way) Point Vega F (N/W of Newporter Way) Point Reyes Point Vega F (S)E ofNewporter Way) G Point Cabrillo 3� ' T0: planeg Commission - S. • • Site Plan Review No. 70. A site plan review requirement was established in the Newporter North Planned Community District Regulations in order to ensure that the development would not preclude the implementation of General Plan objectives and policies as well as 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. The Planned Community District Regulation set forth the standards for approval of the Site Plan Review. Each is discussed below: 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, Back Bay, and landscape, giving consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed The grading plan and design of the subdivision is similar to that which was originally envisioned as part of the approval of the CIOSA Agreement, except that the shift to a detached residential product has resulted in a lesser elevation differential between the development area and the dedication area than anticipated. This has resulted in a more sensitive treatment of the interface between public -and private areas. This fact results in compliance with this standard. 2. No structures shall be permitted in areas of potential geologic hazard unless speci is 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. Mtigation measures have been incorporated into the project via the original certified program EIR ensuring compliance with this requirement. 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 Ivfitigation measures have been incorporated into the project via the original certified program EIR ensuring compliance with this requirement. 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 development. The site plan has been reviewed by City departments and the plan, except as discussed below in the area of parking, and with the suggested conditions of approval and the mitigation measures incorporated during environmental review, complies with this standard. Parking, The Planned Community District Regulations require 4 parking spaces per dwelling unit. Of these 2 must be in garages, with 2 additional guest spaces per unit provided on streets, in parking bays, or on driveways, with a maximum of one space ger driveway counted to meet the requirement. The site plan shows two garage spaces per umt, and 126 spaces on driveways. The remaining 220 parking spaces will be required oa street or in commonly accessible bays. The typical standard contained in the Public Works design manual requires a minimum dimension of 22 feet length and 8 feet width for an on -street parallel parking space. This 3$ TO: Planning Commission - 6. dimension is required to in addition to driveway apron requirements. This minimum requirement makes providing the required on -street parking difficult due to the reduced width of the proposed lots. Since a high number of on -street parking spaces are single, or two spaces together, the City Traffic Engineer has agreed to a reduction in the minimum length of on -street parking spaces to 20 feet. It is his oppinion that this length in association with a minimum 3 foot driveway apron flare will provide sufficient space for on -street parking. However, a number of the parking spaces shown on the site plan do not meet this reduced length requirement by a few inches up to a foot. The City Traffic Engineer has indicated that no further reductions to on. street parking stall length can be accommodated. It is the opinion of staff that it is important to maintain the pool of commonly accessible guest parking for the subdivision for a number of reasons, as follows: 1. The parking standard of four per dwelling unit is a typical requirement for single family subdivision throughout the City. 2. There is no opportunity for overflow parking to be accommodated outside the subdivision, since parking is prohibited on Jamboree Road. 3. There must be a pool of commonly accessible parking spaces available for typical activities which occur in residential areas, such as parties and other social events. Staff has included a condition of approval on the tentative mapp requirint the provision of the Code required parking, in the dimensions recommended by the City Traffic Engineer. Compliance with this condition may require minor modification to the map submitted which could include a reduction in the number of units, the possible addition of a community recreation complex or the addition of larger lots in parts ofthe subdivision. S. Development shall be consistent with specifnc General Plan policies and objectives, the adopted Circulation Improvement and Open Space Agreement, and shall not preclude the implementation of those policies and objectives The site plan has been reviewed by City departments and the plan, with the suggested conditions of approval and the mitigation measures incorporated during environmental review ensures compliance with this standard. 6 Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes and sensitive resources The single family subdivision proposed is physically compatible with the site and is in keeping with surrounding development. 7. Archeological and historical resources shall be protected to the extent feasible or appropriate mitigation measures shall be implemented Mitigation measures have been incorporated into the project via the original certified program EIR ensuring compliance with this requirement, TO: PlaIng Commission - 7. • • n U Conclusion and Specific Recommendation Section 19.12.070 (D) of the Municipal Code provides that in order to approve a subdivision, the Planning Commission shall determine that it is satisfied with the plan of subdivision, that the map is in conformity with the requirements of Title 19, all ordinances of the City and all applicable general and specific plans. Should the Planning Commission wish to approve this application, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. In accordance with Section 66474 of the Subdivision Map Act, a legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings: (a) That the proposed map is not consistent with applicable and general and specific plans. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the density of development. (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use ot; property within the proposed subdivision. In order to approve the Site Plan Review, the Planning Commission must determine that the project is in compliance with the standards described in the staff report. It is staffs opinion that none of the above findings regarding the tentative tract map may reasonably be made in this case. Additionally, this entitlement is the subject of the CIOSA Agreement, and the commitment of the site for residential and open space uses has already been made. Therefore, no findings for denial has been prepared. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By 6�-r C ' _—�-ille/.. Patricia emple / Advance Planning Manager PLT-.TLINNWGTATTY-TT=PR%TM1501f DOC Attachments: 1. Exhibit "A" 2. Negative Declaration 3. Tentative Tract Map 4. Site Plan, Floor Plans, and Elevations 7 0 ... TO: Planning Commission - S. EXHIBIT "A" FINDINGS AND CONDMONS FOR APPROVAL ENVIRONMENTAL DOCUMENT TENTATIVE MAP OF TRACT NO.15011 SITE PLAN REVIEW NO.70 A Environmental Document Findings: 1. That CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. Among several uses the program EIR can provide the basis in an Initial Study for determining whether the later activity may have significant effects (CEQA Guidelines, section 15168, subd.(d).) 2. CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or in the case of a mitigated negative declaration any effects which cannot be eliminated or reduced to a level of insignificance. (Guidelines, section 15070. subd.(b) and 15153, subd.(c).) • 3. The Initial Study analyzed the proposed site plan and tentative map for the Upper Castaways residential development based on information contained in the previously certified 1992 Final CIOSA Program EIR and any new information which has become available regarding the project. 4. The assumptions and conclusions of the 1992 Final CIOSA Program EIR have been found to be valid and appropriate for use in evaluating the current proposal. The Initial Study has found that there are no new potential significant adverse impacts which cannot be eliminated or mitigated to a level of insignificance. Mitigation Measures: 1. That all mitigation measures applicable to the project set forth in Final Environmental Impact Report No.148 be complied with as set forth in the approved mitigation monitoring program. 2. The City of Newport Beach shall provide adequate parldng for the bluff top park area on Newporter North. A specific parking plan shall be prepared concurrent with preparation of park facility plans for the view park Parking shall be convenient to either trail access. 3. Priorto the acceptance of the slopes facing San Joaquin Frills Road by the City, the lower portions of the slope shall be stabilized in a manner acceptable to the City Grading Engineer and the Public • Works Department. If remediation techniques other than slope reconstruction are proposed, the applicant shall fund an independent, third party -analysis of all geotechnical information, with the TO: • Planning Commission - 9. • consultant to be selected by and responsible to the City. This study shall be used by the City to verify the adequacy of the slope stabilization program to maintain the stability of all slopes dedicated to the City for the foreseeable firture. 4. To prevent the accidental intrusion of grading and construction activity extending beyond the 60 foot contour above John Wayne Gulch, a temporary barrier that will function as both a visible warning to construction crews and a physical barrier against construction activities shall be installed along the 60-foot contour prior to construction of any grading or site preparation and shall be remain in place until all such activities have ceased (including installation of landscaping). 5. The manufactured slope along the southern edge of the project paralleling John Wayne Gulch shall be planted in native coastal sage scrub vegetation. The coastal sage scrub will act as a visual barrier for wildlife using John Wayne Gulch. 6. The '6 foot No wrought iron fence proposed along the edge of residential lots at top of the manufactured slope shall be constructed with the lower half of the fence comprised of a solid masonry material. This design will decrease the amount of noise from the development effecting wildlife using John Wayne Gulch. The top of the fence may be any material including wrought iron, plexiglass, etc. 7. The detention basin (Proposed Basin No. 2) shall be created with a soft bottom to permit percolation, thus lessening the amount of water flowing directly to John Wayne Gulch. The detention basin shall be divided into cells and each cell shall be planted with freshwater emergent vegetation. Directing runoff through this vegetation will be effective in cleaning the urban runoff prior to its release into John Wayne Gulch The cells shall be maintained and cleaned periodically. A manual detailing maintenance guidelines for the detention basin cells shall be prepared prior to issuance of a grading permit for the retention basin. This manual shall be approved by the City of Newport Beach Planning and Public Works Departments in consultation with the California Department of Fish and Game and U.S. Department of Fish and Wildlife. The wetland habitat created in the detention basins should not be construed as mitigation for impacts to jurisdictional wetlands because necessary periodic cleaning of the cells will be necessary to keep them functioning as designed. S. Prior to the removal of any coastal sage scrub, the U.S. Fish and Wildlife Service, California Department of Fish and Game, and the County of Orange shall be notified of the proposed removal. All removal of coastal sage scrub shall be done in accordance with Natural Communities Conservation Plan guidelines. Verification of this consultation and adherence to the NCCP guidelines shall be provided in writing to the City of Newport Beach prior to issuance of any clearing or grading permit for the area which will effect the coastal sage scrub habitat. 9. Coastal sage scrub vegetation shall be removed outside of the breeding season of the California Gnatcatcher. All removal, clearing, and grading in the area shall occur in the period between August 15 and February 10. Any removal of wetlands related to the shear key and cutoff trench shall be done at the same time. a�- r TO: Planning Commission -10. 10. Coastal sage scrub which will not be directly impacted by removal shall be protected with orange • snow fencing (or suntiar material). Silt fencing shall be Installed in places where grading will occur within 10 feet of the edge of bluff. 11. A qualified biological monitor shall be present during all activities related to the removal of coastal sage scrub and grading/clearing in areas adjacent to coastal sage scrub. This monitor shall be approved by the City of Newport Beach. The monitor shall have the authority to stop any activities which are intruding into coastal sage scrub habitat. 12. Coastal sage snub habitat shall be removed from east to west to allow the California Gnatcatcher to disperse into other adjacent areas of coastal sage scrub. 13. After slope stabilization measures are completed, coastal sage scrub revegetation shall be implemented following all applicable agency guidelines. Coastal sage scrub shall be replaced -at the same location from which it is being removed, both on the manufactured slope and natural flat bluff edge near the bluff trail. Revegetation shall take place on the manufactured slope from Lot 34 to Lot 38 and on the natural bluff top below the manufactured slope from point 150 feet west of Lot 28 to Lot 38. A conceptual restoration/revegetation plan shall be designed and approved priorto issuance of a grading permit. Coastal sage scrub that is removed from the site shall be used for revegetation on. site to ensure species composition integrity on the site. Any supplemental seed mixture that may be • used in the revegetation area shall be of the same species and planted in the same ratio as shrubs found currently on site. 14, in the vicinity ofthewetlands, the proposed bluff trail shall be designed along the general vicinity of an existing footpath which sldrts the northern edge of the wetlands. This will minimize impacts to the wetland in the vicinity of the bluff trail. 15. Wetlands buffers shall be provided to protect wetlands area consistent with the CIOSA Agreement, and California Department ofFish and Game and Coastal Commission requirements. 16. The following recommendations shall apply to manufactured slopes behind Lots 20 to 53 including the north slope of the access road, Lots 151 to 168, and the western slope of the detention basin. (Latin names for all listed species are contained in the supplemental biological assessment on file with the City of Newport Beach). a) Ground saltbush, or Australian saltbushr, is non-native and highly invasive. It shall be eliminated or replaced with quail brush or four -wing saltbush. Both of these species are native to Newport Bay. b) Eucalyptus trees tend to be invasive and produce allclopatMe chemicals that inhibit growth of other plants. Eucalyptus trees shall be eliminated and replaced with Mwdcan elderberry or coast live oak Both spades are native. • • Planning Commission - 11. • TO: • c) Myoporum and acacia, both non-native and invasive, shall be eliminated or replaced with Mexican elderberry or lemonadeberry. d) Japanese honeysuckle shall be eliminated and replaced with southern honeysuckle, a native plant. e) Rockrose, lantana, and price of madeira shall be eliminated or replaced with natives such as bladderpod, monkey -flower, royal penstemon, and silver lupine. fj Other acceptable groundcover species are miniature lupine, blue -eyed -grass, blue dicks, and purple needlegrass. 17. That mitigation measure number 78 of the CIOSA Agreement is modified, as follows: Prior to the approval of the final tract map and/or a park development plan (whichever comes first), a City -approved biologist shall be retained at the developers expense, to further estimate the potential for human and pet intrusion into the coastal sage scrub habitat on the Newporter North site. Based on this estimate, the biologist shall assess whether this estimated level of intrusion would significantly- effect the gnatcatcher population on site. This study shall include, at a minimum, a current literature search and review of all current research and studies related to the issue of human and pet intrusion into sensitive habitat areas including coastal sage scrub habitat and an updated survey of the current gnatcatcher population on site. Additional fieldwork shall be conducted if recommended by the biologist to determine the • potential for significant impacts from human and pet intrusion. If the level of the expected intrusion is considered of sufficient magnitude to significantly impact the California gnatcatcher population on site, mitigation measures shall be designed and placed as conditions on the residential project and the future park development to reduce the impact to the extent feasible. Such design and operational measures could include perimeter fencing, homeowner and community education programs about the potential impact of cats on wild birds, programs for trapping and removing problem animals, relocation of proposed trails, and provision of appropriate landscaping materials. Tentative Map of Tract No. 15011: Findings: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That grading and drainage improvements are required along the bluff top trail in order to • prevent continued erosion of the natural bluffs. a�- •'♦ 1 TO: Planning Commission -12. 4. That the access drive is required at San Joaquin Hills Road and "G" Street for maintenance, • emergency rescue and police patrol access to the bluff top area. 5. That the traffic signal will need to be modified at Jamboree Road and Santa Barbara Drive with the construction of an entrance into the tract. 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the final map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a grading or building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the design of the private streets and drives conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 32 feet parking one side and 36 feet parking both sides. That the entrance drive into the development, Lots "A", "D" & "E" to "E" Street have a minimum curb to curb width of 30 with parking one side, and 4V with parking both sides. That the proposed tract entrance line up with the existing Santa Barbara Drive intersection with the design to be approved by the City Traffic Engineer. That the location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the . City Traffic Engineer. T0: kanning Commission - 13. • • 7. That the intersection of the private streets and drives be designed to provide sight distance for a local street in conformance with City standard 110-L. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 8. That the California Vehicle Code be enforced on the private streets and drives, and that all traffic control devices shall be shown on a plan approved by the Public Works Department. 9. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. The entrance shall have a minimum of 2 lanes entering and 2 lanes exiting the development, a 12' wide left turn lane and an 18' wide lane for straight through and right turn movements unless otherwise approved by the Traffic Engineer. The design shall be reviewed and approved by the Public Works Department and Fire Department. 10. That easements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map unless otherwise approved by the Public Works Department. 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, • and junction structure locations, with width to be approved by the Public Works Department. 12. That a 6' wide pedestrian trail on an 8' graded bench be constructed along the northerly side of John Wayne Gulch between Back Bay Drive and Jamboree Road with the design to be approved by the Public Works Department, the Community Services Department and the Planning Department. The trail surface shall be decomposed granite or similar firm walking surface. 13. That a 12 foot wide bluff top trail shall be constructed with a connection on the north at San Joaquin Hulls Road and a connection on the south to a pedestrian trail along John Wayne Gulch and the southerly access road extending from "G" Street. The trail shall be structurally designed to handle maintenance and emergency vehicular traffic. The Trail shall be located a minimum of 15 feet from the top of proposed slope. The design of the trail shall include provisions for lighting and be approved by the Public Works Department, General Services Department, Utilities Department, Fire Department, Police Department and the Community Services Department. That the landscaping between the trail and the tract be maintained by the Developer/Homeowners Association. 14. That the bluff top open space area and the pedestrian trail shall be designed to convey the drainage away from the top of slope to be picked up by the private storm dram system to be maintained by the association. All landscaping inland of the bluff top trails shall be planted and maintained by the developer/association. An agreement shall be required for maintenance • of the landscape and drainage system and approved as to form by the City Attomey's office. ,fib 0 • . r Y % Y Y, TO: Planning Commission -14. 15. That the sidewalk along San Joaquin Hills Road be reconstructed to a IT width between • Jamboree Road and the bluff top trail connection at San Joaquin Hulls Road. The design of the connection shall be reviewed and approved by the Public Works Department. 16. That right-of-way be dedicated and Jamboree Road be widened to provide a minimum roadway width of 48' between the double left turn lane at Santa Barbara Avenue and the westerly curb and a 12' wide sidewalk. That the sidewalk along the Jamboree Road frontage be reconstructed to a 12' width to match the 12' sidewalk south of the development and that street lights be constructed along the Jamboree Road frontage. That the median Island be modified to provide a 200 foot long northbound left turn pocket. The design of these improvements shall be reviewed and approved by the Public Works Department. These improvements shall be completed prior to occupancy of the first residential unit. 17. That a'bus turnout and shelter pad be constructed on Jamboree Road just south of Santa Barbara Drive as approved by the Public Works Department and the Orange County Transit Authority. 18. That Jamboree Road shall be restriped to provide clear ingress and egress to the site. 19. That construction access to the development shall be from San Joaquin Fills Road; that the last 100' of haul road adjacent to San Joaquin Hills Road shall be paved with asphalt with another 100' of aggregate adjacent to the asphalt to clean truck tires unless an alternate plan is • approved by the Public Works Department. A plan for cleaning the trucks must be approved by the Traffic Engineer. 20. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 21. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. Existing on -site C.M.P. drainage pipe shall be replaced with R.C.P. unless otherwise approved by the Public Works Department. The condition includes all areas covered by the subdivision map. 22. That the Hydrology for the development include -additional drainage that will be created from expansion within Newport Center. 23. That a 20' water, sewer and storm drain easement be provided at the southerly end of the development under a graded access road between "G" Street and Jamboree Road. That the easement be paved with an all weather access road as approved by the Public Works Department and Utilities Department. • 24. That the water serving the proposed tract shall be a looped system to Jamboree Road with one connection at Santa Barbara Drive and the other connection from "G" Street by way of a a TO: •Planning Commission - 15. • • 20' easement for water, sewer and storm drain purposes. The design of the system shall be reviewed and approved by the Utilities Department and Public Works Department. 25. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Utilities Department, Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 26. That the proposed southerly sewer connection into Jamboree Road be relocated so that it is not constructed through the proposed retention basin. The location of this line shall be approved by the Utilities Department and the Public Works Department 27. That County Sanitation District fees be paid prior to issuance of any building permits. 28. That the public Works Department plan check and inspection fee be paid. 29. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials • within the Jamboree Road right-of-way. 30. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 31. That the Coastal Bluff property line setback from the edge of the 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. 32. That the landscape plans shall be subject to the review of the Public Works Department and General Services Department and any landscaping adjacent to or within the view trails and parks shall be subject to review by the Community Services Department. 33. That all above grade utility enclosures shall be. located in such a manner as to provide a minimum 4'0" clear width sidewalk on private streets and 8'0" width on public streets. 34. That Lot No's. "R", "U", "V", "X" shall be maintained by the Irvine Company/Homeowners Association. • 35. That a minimum of two parking spaces per dwelling unit be provided, plus two guest parking spaces per unit. Of the guest spaces, a muilmum of one per unit shall be provided on -street or W Y� TO: Planning Commission -16. in commonly accessible parking bays. Compliance with this condition may require • modification to the tentative map submitted, which may include the addition of a community recreation facility, or a reduction in the number of single family building sites. 36. An increase in the rate of groundwater recharge related to the proposed development and related irrigation systems may adversely affect bluff stability and increase the current rate of bluff retreat. Plans and recommendations mitigating these effects shall be reviewed and approved by the City Grading Engineer prior to issuance of any grading permits. 37. Minimum fire flow requirement is 1000 Spin at 20 psi residual pressure. 38. The location of all fire hydrants shall be reviewed and approved by the Fire Department. A hydrant shall be provided in the view park in the vicinity of the access road. 39. Comprehensive soil and geologic investigation to provide mitigation recommendations for all gross or surficially unstable existing or proposed on -site or adjoining slopes will be required. Site Plan Review No. 70: Findings; 1. That the development of Newporter North will not preclude implementation of specific General Plan objectives and policies if in accordance with the plans as modified by the condition for approval. 2. That the value of the 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. Conditions: 1. That development shall be in substantial conformance with the approved conceptual grading plan, site plan, floor plans and elevations, except as modified in the following conditions and those imposed on the Tentative Tract Map. 2. That a minimum of two parking spaces per dwelling unit be provided, plus two guest parking spaces per unit. Of the guest spaces, a minimum of one per unit shall be provided on -street or in commonly accessible parking bays. Compliance with this condition may require modification to the tentative map submitted, which may include the addition of a community recreation facility, or a reduction in the number of single family building sites. 3. That this site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01,070 K of the Newport Beach Municipal Code. . PLT3.WP5111'LM4NCMAn Y-T,PCSPRWWO.DOC Fj (S'Y OF NEWPORT BEAJ*Y 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92659-1768 . (714) 644.3225 NEGATIVE DECLARATION From: City of Newport Beach To: Office of Planning and Research Planning Department 1400 Tenth Street, Room 121 3300 Newport Boulevard - P.O. Box 1768 EX Sacramento, CA 95814 Newport Beach, CA 92659-1768 (Orange County) County Clerk, County of Orange ® Public Services Division Date received for filing at OPR: P.O. Box 838 Santa Ana, CA 92702 ' Publicreviewperiod November S 1994 thru December 7, 1994 Name of Project: Newporter North (TTM 15011) Jamboree Road at Santa Barbara Drive, Newport Beach Project Location: Review for 4,0007sgsft. family, Project Description: Subdivision detachedunitsdonite lotslan averaging Finding. Pursuant to the provisions of City Council Policy K-3 pertaining to procedures and guidelines to implement the the and California Environmental Quality Act, the Environmental Affairs Committee has evaluated proposed project determined that the proposed project will not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is attached. The Initial Study may include impacts. This document will be considered mitigation measures that would eliminate or reduce potential environmental be held to consider this by the decision-maker(s) prior to final action on the proposed project. If a public bearing will project, a notice of the time and location is attached If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing impacts you prior to the close of the public review period. Your comments should specifically identify what environmental believe should be adopted believe would result from the project, why they are significant, and what mitigation measures you be held, are also invited to eliminate or reduce these impacts. Therc is no fee for this appeal. Ira public hearing will you to attend and testify as to the appropriateness of this document. If you have any questions or would like further information, please contact the undersigned. Patricia L. Temple Date NovpmhPr S, 1994 Advance Planning Manager Rt%i2d 11191 0 • . I • 5k • Title of Proposal: Date Checklist Submitted: Project Applicant: Agency Requiring Checklist: Agency Address: Agency Contact: INITIAL STUDY NEWPORTER NORTH INTRODUCTION Newporter North 11/7/94 California Pacific Homes City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 Patricia Temple, Advance Planning Manager (714) 644-3225 Project Location: City of Newport Beach, County of Orange, California Project Address: The Newporter North site is bounded by Jamboree Road on the east, John Wayne Gulch and Newporter Resort on the south, Upper Newport Bay and Back Bay Drive on the west, and San Joaquin Hills Road on the north. Description of Project: The applicants are seeking approval of a site plan review and approval of a tentative subdivision map for development of 173 single family detached residential units on 29.7 acres, and 59.5 acres of open space pursuant to the Planned Community District Regulations adopted in 1992. The site plan depicts 173 single family detached units on typical lots of about 4000 square feet. The residential units ai•e expected to range in size from approximately 2,100 square feet to 2,600 square feet. The development is proposed as a fenced, gated community with private streets. INITIAL STUDY NEWPORTER NORTH ENVIRONMENTAL CHECKLIST AND EVALUATION I PROJECT AiSTORY/PREVIOUS ENVIRONMENTALDOCUMENTATION in 1992, the Circulation improvement and Open Space Agreement (CIOSA Agreement) was approved by the Newport Beach City Council. The CIOSA Agreement vested entitlement for 11 sites consistent with the General Plan and in conformance with provisions of the Traffic Phasing Ordinance. The Agreement identified 152 acres of open space to be dedicated by The Irvine Company in fee to the City. The Agreement established the commitment to and timing for certain circulation improvements and funding. The Newporter North site was included in the CIOSA Agreement. The CIOSA Agreement provides for entitlement of 212 residential units on 30 acres of the Newporter North site. Concurrent with review and approval of the CIOSA Agreement, the City of Newport Beach also reviewed and adopted Planned Community District Regulations for the Newporter North site. The Planned Community District Regulations allow for 212 residential units on 30 acres. Permitted residential uses are townhouse, condominium, apartments and single-family detached units. A Program EIR was prepared in 1992 which addressed the potential impacts of implementing the • CIOSA agreement which included development of the Newporter North site. The Newport Beach City Council certified the Final Program EIR (State Clearinghouse Number # 91041017) on August 24, 1992. On September 14, 1992, the CIOSA Agreement, associated Planned Community District Regulations, and other related actions were approved. With these approvals the City Council also adopted a Statement of Findings and Facts and a Mitigation Monitoring Program. These documents are on file for public review during normal business hours at the City of Newport Beach Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, CA 92663. Subsequent to the City's approval, The Irvine Company and the City requested approval of the Agreement and related amendments to the Local Coastal Program, Land Use Plan by the California Coastal Commission. This approval was granted on June 10,1994. The project applicant is now seeking approval of site plan review and a tentative tract map for a residential development comprised of 173 single family detached units. The project is described in the following section. ' 11. PROJECT DESCRIPTION PROJECT LOCATION The Newporter North project site is located in the City of Newport Beach, Orange County, California. Exhibit 1 is a map depicting the location of the site. • 2 I 6 • The Newporter North site is bounded by Jamboree Road on the east, John Wayne Tennis Club and Newporter Resort on the south, Upper Newport Bay and Back Bay Drive on the west, and San Joaquin Hills Road on the north. The residential portion of the site totals 29.7 acres. It is located in the north and central portions of the site. Open space areas are to be established in the southern, westem, and northern sections of the site. These areas include the Newporter Knoll (12.0 acres) and John Wayne Gulch and the bluffs and bluff top set back areas along Back Bay Drive and San Joaquin Hills Road (totaling 33.8 acres). • • 3 5� D Exhibit 1 VICINITY MAP Newporter North Site Rs o ne PC-7 eon MAIM rw V 6S ~v� tj PC-33 �� W FASHION ISLAND �O on 1roAWOM Mw iwc 'b BA$N City of Neuport Beach Planning Department Novemba$1994 4 Iri zAPr u A • PROJECT CHARACTERISTICS The applicants are seeking site plan review and approval of a tentative subdivision map for development of 173 single family detached residential units on 29.7 acres, and 59.5 acres of open space pursuant to the Newporter North Planned Community District Regulations adopted in 1992. The concept site plan is provided in Exhibit 2. The site plan depicts 173 single family detached units on typical lots of 4000 square feet. The residential units are expected to range in size from 2,100 square feet to 2,600 square feet. The development is proposed as a fenced, gated community with private streets. A public bluff top trail system is proposed from a point off of San Joaquin Dills Road generally opposite the existing entrance to the Park Newport Apartments. The public trail would be an 8 foot - wide paved trail which would run along the public bluff top setback area wrapping around the bayside edge of the residential development. The trail would terminate at the southwestern edge of residential development overlooking the mouth of John Wayne Gulch and Upper Newport Bay. Future development of the public open space areas by the City of Newport Beach may provide for a continuation of the public trail other areas of the public open space area, but no plans are proposed at this time. Landscaping is proposed along Jamboree Road, at the project entrance at the intersection of Santa • Barbara Drive and Jamboree Road, along manufactured slopes facing the public bluff top trail area and along slopes on the edge of the project above John Wayne Gulch. The landscape concept plan is provided in Exhibit 3. In addition to depicting the landscape concept for interior streets, perimeter landscaping, and the entrance landscape areas, the landscape concept plan also illustrates the general location and design of a proposed public trail system along the bluff edge. The trail is proposed to be 8 feet wide and paved with a subdrain system to prevent storm water from draining over the face of the coastal bluffs. The landscape materials to be used along the bluff trail include native and drought - tolerant vegetation. Exhibit 4 provides the preliminary grading plan for the residential portion of the site. The preliminary grading plan also identifies grading necessary for constructing the public trail system within the bluff top set back area as described in this section. Grading for residential and trail uses is expected to balance on site. Additional grading will also be necessary to provide for bluff stabilization/remediation in the northern portion of the site. This is described in the Earth Resources section below. The proposed storm water drainage system will require construction of a second on -site retention basin to be located on the southeastern edge of the residential development area. The location and design of this facility is depicted on the site and grading plans. A description of the overall proposed drainage system is contained in the Water Resources section below. 1 NEWPORTER NORTH ■ NEW"ItTlLAM CAUFORM CAUFORt" PXMC HOMES ®tom-lMm N r• lOi MMfll PWAFW FOR 9t��.wna.w= PFg„FW W. rulalxG Tom.=u�Tlat 4�-T�T3iiJ1<S.{ MOCMIO.O YI. A,GM IY>t bG NEWPORTER NORTH - ?lZWMRTWAMCA7.iF0"" CALIFORNIA PACIFIC HOMES 0 —U mm z19 Al Itl-C-A IOmt T\Ift lCMI AA -l!f mf![ MO 1Ml ':QLRLL- o� PFEPAFI? wie PRPREPARm W. �r1% 1W.�4Y.�..\Y KMI�IYI y t� �\ •� RN \Mft L �_. 6-� �� rnmu. Iw.nt anac nt.+�mer tutor lsw- . . u I IL mot tw !tote ►w,o\a.t tw Ano PRELIMINARY M. ENVIRON119ENTAL EVALUATION • PREVIOUS ENVIRONMENTAL DOCUIVIENTATIONANCORPORATION BY REFERENCE As discussed in Section I, Project History/Previous Environmental Documentation, a Final Program EIR was prepared and certified in 1992, which addressed the potential impacts of implementing the CIOSA Agreement, which included- vesting entitlement on the Newporter North site. The 1992 Final CIOSA Program EIR also considered potential impacts associated with adoption of Planned Community District Regulations for the Newporter North site. The 1992 Final CIOSA Program EIR (SCH # 91041017) also analyzed the potential impacts of developing the Newporter North site based on the level of detail available in the Planned Community District Regulations and the CIOSA Agreement. The project applicant is now seeking approval of site plan review and a tentative tract map pursuant to the requirement of the CIOSA Agreement and adopted Planned Community District Regulations. CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. The program EIR can: • Provide the basis in an Initial Study for determining whether the later activity may have significant effects; • Be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives, and other factors that apply to the program as a whole; • Focus an EIR on a subsequent project to permit discussion solely of new effects which had not been considered before. (CEQA Guidelines, Section 15168, subd.(c).) CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or, in the case of a mitigated negative declaration, no additional effects are identified which cannot be eliminated or reduced to a level of insignificance. (Guidelines, Section 15070. subd.(b) and 15153, subd.(c).) A program EIR specifically can be used for subsequent activities related to the project for which it was certified. If these activities have effects which were not examined in the program EIR, a new Initial Study should be prepared, leading to either an EIR or a Negative Declaration (Guidelines, Section 15168, subd. (c)(1)). This Initial Study incorporates by reference,all portions of the Final Program EIR which apply to development of the'Newporter North site. Each environmental issue section below provides a reference to section(s) of Final Program EIR which pertain to the issue being analyzed. Where • 9 �� C r s . practical, a brief summary of the incorporated information is provided. The Final Program EIR is available for public review during normal business hours at the City of Newport Beach Planning Department at the address provided in Section I above. The following environmental evaluation focuses on determining whether there are any new impacts of the current proposed project which were not considered in the previous 1992 Final Program EHL Where any new impacts are identified, either changes in the project and/or additional mitigation measures are proposed where necessary to reduce any new impacts to a level of insignificance. Previously adopted mitigation measures were also reviewed as necessary to determine if any modifications are necessary as a result of more detailed information regarding the proposed project and its potential impacts. LAND USE Will this subsequent activity result in any impacts not identified in the certified Program FIR prepared for the project, in the following areas. Yes Maybe No a) a) Substantial alteration of the present or planned land use ❑ ❑ of an area? Environmental Evaluation -1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Land Use. This discussion is found on pages 48 to 87 of Volume I of the 1992 Final CIOSA Program EIR The criteria used in the evaluation of impacts are stated on page 69, Volume I of the 1992 Final CIOSA Program EIEL The 1992 Final CIOSA Program EIR concluded that development on the Newporter North site pursuant to entitlements provided in the CIOSA Agreement: • Will not result in a substantial alteration of the planned land use of an area. • Will not conflict with the City of Newport Beach General Plan and Zoning Ordinance. • Will not disrupt or divide the physical arrangement of the City of Newport Beach. • Will not impact agricultural land. Environmental Evaluation - NevMorter North Site Plan and Tentative Tract Man The proposed residential project is in conformance with the land use entitlements provided by the CIOSA Agreement. The proposed project is consistent with the assumptions used in the 1992 Final CIOSA Program EIIL The site plan and tentative tract map are consistent with the provisions of the Planned Community District Regulations and the CIOSA Agreement and Addendum. The 173 single • family detached homes are a permitted use under the District Regulations, Agreement, and General 10 to f� Plan. The proposed site plan meets all height and setback requirements. The site plan identifies a • property line setback from the edge of the bluff which meets the requirements of the City of Newport Beach Bluff Top Set Back Ordinance. It is noted that there is a discrepancy in the defined setback requirement for the residential development from Jamboree Drive and San Joaquin ITills Road. The Planned Community District Regulations require a property line setback of 35 feet from the ultimate right-of-way. Constraints maps included in the CIOSA Agreement Addendum describe this setback as a "building setback." The Agreement also states that if conflicts occur, the language of the addendum shall govern. The CIOSA Agreement Addendum includes language regarding the alteration of the "maximum extent of grading for non-public uses" shown on the constraints map only if "City of Newport Beach setback requirements are met." Therefore, the language of the addendum specifically incorporates the setback requirements of the Planned Community District Regulations. The proposed development as depicted in the site plan and tentative tract map contains setbacks to property line from Jamboree Road and San Joaquin I -fills Road that meet the more conservative requirements of the Planned Community District Regulations. Setbacks to property line are equal to or in excess of 35 feet from ultimate right-of-way. No potential land use impacts have been identified as long as all setback requirements are met. AESTHETICS/LIGHT AND GLARE • Will this srtbsequetrt activity result in any impacts trot identified in the certified Program EIR prepared for the project, ill the follow ing areas. Yes Maybe No a) The obstruction of any scenic vista or view open ❑ ❑ to the public? b) The creation of an aesthetically offensive site ❑ ❑ �l open to public view? c) Produce new light and glare? ❑ ❑ Environmental Evaluation -1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental' evaluation related to Aesthetics/Light and Glare. This discussion is found on pages 88 to 135 of Volume I of the 1992 Final CIOSA Program EIR The criteria used in the evaluation of impacts are stated on page 110, Volume I ofthe 1992 Final CIOSA Program EIR • The 1992 Final Program EIR made the following conclusions regarding developing the Newporter North site pursuant to the CIOSA agreement: • No uses are expected to obstruct public views ofa unique natural feature. • No uses are expected to obstruct public views of unique vistas. • The introduction of structures and landscaping will not be offensive to the community • Impacts from new sources of light and glare will not be significant, individually or cumulatively. The 1992 Final CIOSA Program EIR concluded that developing the Newporter North site pursuant to the CIOSA agreement will result in the following two significant unavoidable environmental effects which cannot be avoided if the project is implemented: • Possible stabilization of on -site natural coastal bluffs to provide safe use of public areas on the Newporter North site may result in the alteration of the natural coastal bluffs which are considered unique visual features. This alteration can be partially mitigated but not to a level of insignificance. • The CIOSA project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in the loss of vacant/open space areas providing visual relief surrounding . Newport Bay. Development of the Newporter North site in conformance with the CIOSA agreement, is considered to incrementally contribute to this loss ofvacant/open space areas. Changes or alterations in the project were required or were otherwise incorporated into the project and Mitigation Measure 1 was adopted which substantially lessened but did not avoid the significant environmental effects identified in the Final Program EIR. (See attached list of mitigation measures). Environmental Evaluation - NeWorterNorth Site Plan and Tentative Tract Man The site plan and tentative tract map are consistent with the provisions of the adopted Planned Community District Regulations and the CIOSA Agreement and Addendum. The 173 single family detached homes are a permitted use under the District Regulations, Agreement, and General Plan. The proposed site plan meets all height and setback requirements. (See setback discussion in Land Use section above) The location, density and character of the proposed development is consistent with the assumptions of the 1992 Final CIOSA Program EIR The location of the boundaries of the development area have changed slightly from that assumed in the 1992 Final CIOSA Program EIR. The size of the area has remained the same (29.7 acres) but slight modifications were made to pull the location of the development edge further back from the coastal bluff edge partially in acknowledgment of adjacent sensitive biological habitat and in recognition of potential slope stability issues. As a result the development edge has moved further towards the John Wayne Gulch but the location of the limits of grading activity is still within the parameters of biological 12 mitigation measures provided in the 1992 Final CIOSA Program EIR (please see Biological section for • further discussion). The edge of the project parallel to John Wayne Gulch will be landscaped in a manner which is compatible with surrounding natural vegetation and which will soften the visual impact of the graded slopes. A retaining wall is proposed along a short portion of the slope edge. The wall will vary in height from O feet to 12 feet for a distance of about 150 feet. Portions of this wall will be visible from a short section of Back Bay Drive about 500 feet southwest. The retaining wall is proposed to eliminate the intrusion of the graded slope below the 60 foot contour which was identified as the furthermost point of allowable physical disturbance by Mitigation Measure # 18. The visual impact of this slope and retaining wall is not considered significant. As discussed above in the Land Use section and depicted on the site plan and tentative tract map, the proposed development provides for setbacks along Jamboree Road and San Joaquin Hits Road in excess of the minimum setbacks required by the City. For much of project edge along Jamboree Road setbacks to property line is in excess of 150 feet. In addition, the project edge along Jamboree Road will be graded and contoured to form attractively landscaped berms and swales which will gradually rise to heights varying from 10 to 20 feet above the level of Jamboree Road. These berms will partially shield views from Jamboree Road of the residential development. The site plan identifies a property line and building setback from the edge of the bluff which meets the requirements of the City of Newport Beach Bluff Top Set Back Ordinance. Fencing along the bluff • edge property line is proposed as 6 - 8 foot wrought iron fence at the top of slope. The slopes will vary in length and steepness of slope. All slopes will be landscaped. These features will provide protection for the residential properties while allowing for views from the lots and preventing an unattractive 'walled corridor' along the bluff walk. The applicant is proposing to install landscaping adjacent to and within the public bluff top set back area. On the bluff side of the public trail, drought -tolerant native plants are proposed. On the interior side of the bluff walk, a mixture of native and non-native plants which are compatible with native species are proposed. This area will be permanently irrigated. Preliminary grading, drainage, and landscaping plans for the bluff top set back areas adequately address issues related to minimizing bluff erosion. Review ofthe proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR. Development of the residential portion of the Newporter North site, as detailed in the proposed site plan and tentative map, will not create any additional significant adverse impacts related to aesthetics/light and glare. Existing and planned land uses surrounding and near the site are the same as assumed in the 1992 analysis. There have been no substantial changes in the local or regional conditions that would change the conclusions of the 1992 Final CIOSA Program EIR. The applicant has provided landscape and,grading plans for the bluff top setback area pursuant to adopted Mitigation Measure 1. 13 • TRANSPORTATION/CIRCULATION Will flits subsequent activity result in airy impacts not identified in the certified Program EIR prepared for the project, in the foloowing areas. Yes Maybe No a) Generation of substantial additional vehicular movement? ❑ ❑ b) Effects on existing parking facilities, or demand for ❑ ❑ it new parking: c) Substantial impact upon existing transportation systems? ❑ ❑ I. d) Alterations to present patterns of circulation or movement ❑ ❑ of people and/or goods? e) Alterations to waterborne, rail or air traffic? ❑ ❑ IL f) Increase in traffic hazards to motor vehicles, ❑ ❑ bicyclists, or pedestrians? Environmental Evaluation -1992 CIOSA Proaram EIIL • The 1992 Final CIOSA Program EIR, contains an environmental evaluation relating to Transportation/Circulation. A summary of the evaluation is found on pages 136 to 181 of Volume I of the 1952 Final CIOSA Program EIR. The traffic study prepared for the Program E1R is contained In Appendix B of Volume II with supplemental traffic data contained in Appendix A of Volume M. The criteria used in the evaluation of impacts are stated on pages 1'49 and 150, Volume I of the 1992 Final CIOSA Program E1R The 1992 Final CIOSA Program EIR made the following conclusions regarding potential impacts associated with implementing the entire CIOSA agreement which includes developing the Newporter North site: • Impacts on daily traffic volumes in the City of Newport Beach and the adjacent cities of Costa Mess, Irvine, and HuntingtoaBeach are considered insignificant. • No significant project -specific impacts related to the City of Newport Beach Circulation Element were identified. • The CIOSA project (including development of the Newporter North site) meets the requirements of the City's Traffic Phasing Ordinance (TPO) and the Congestion Management Program. • 14 kDk Implementation of development projects allowed under the CIOSA Agreement, in conjunction • with other past, present, and reasonably foreseeable future projects, will impact peak hour traffic volumes. Implementation of standard City policies and mitigation measures contained in the 1992 Final CIOSA Program EIR will substantially lessen potential project -specific impacts to a level of insignificance. However, on a cumulative basis, the implementation of the entire CIOSA project has an incremental but measurable contribution to several intersections in the John Wayne airport area which already exceed the City's ICU criteria with or without the project. The additional traffic generated by the entire CIOSA project combined with traffic generated by other past, present, and reasonably foreseeable future projects is viewed as a cumulative significant impact within the context of ongoing regional growth. • The project will not result in the alteration to waterborne, rail or air traffic. Mitigation measures 2 and 3 (see attached list of mitigation measures) were required with approval of the CIOSA project in 1992. Environmental Evaluation - Newporter North Site Plan and Tentative Tract Mao Off -site Circulation System Impacts The traffic study prepared for the 1992 Final CIOSA Program EIR assumed the construction of 212 single family attached units on 26 acres of the Newporter North site. As discussed in the project • description section of this Initial Study, the proposed residential project on the Newporter North site now contains 173 single family detached units on 29.7 acres. Trip generation characteristics were compared to determined if the revised project would result in greater impacts than previously identified in the 1992 Final CIOSA Program EIR. Table A provides a summary comparison. As shown, the revised project will generate 1903 Average Daily Trips (ADTs) which is 175 daily trips less than assumed in the 1992 Final CIOSA Program EIEL The proposed project will generate 156 AM peak hour trips and 191 PM peak Hour trips which is 24 and 31 trips less, respectively, than assumed in the 1992 Final CIOSA Program EEL As a result, the proposed project will not have a greater impact on the local and regional circulation system than identified in the 1992 Final CIOSA Program EIR. The proposed projects contribution to circulation impacts associated with implementing the CIOSA agreement will be slightly reduced. However, all original mitigation measures related to circulation/transportation still apply. No additional mitigation measures are required. Off -site Circulation Improvements and Related Adopted Mitigation Measures The CIOSA Agreement was approved in 1992. Subsequent to approval, the applicant and the City of Newport Beach have cooperated in creating the implementing mechanisms for the Agreement. The financial obligations for circulation improvements under the CIOSA Agreement will be satisfied through the formation and implementation of a financing district to be called the CIOSA Implementation District. The formation and implementation of the district is in compliance with the • is `10 • CIOSA Agreement, and will be structured to allow the City to derive the road funding benefits of the agreement in a timely manner with the development of The Irvine Company's property. The City will use its charter city powers to create the CIOSA Implementation District. Once the District has been established, bonds may be sold by the city on a phased basis with the start of construction of each of the properties. The Fair Share Fee payment will be included in the first bond series, Repayment of the bonds will be the obligation of the developed properties, over the life of the bonds, The City has adopted the umbrella financing ordinance which will allow the actual CIOSA implementation District to be established. Final formation of the District is anticipated to occur in early 1995. As part of the creation of the CIOSA Implementation District, the City will prepare a circulation improvement monitoring program pursuant to adopted Mitigation Measure 2 (see attached list of mitigation measures). Pursuant to adopted Mitigation Measure 3 (see attached list of mitigation measures) which requires that the applicant shall construct or post bond for all frontage improvements identified in the Development Agreement, the applicant has identified on the preliminary grading map, grading necessary for ultimate right-of-way improvements to Jamboree Road adjacent to the Newporter North project. The development has been designed with all setbacks measured from the edge of ultimate right-of-way. The applicant will make any necessary frontage improvements along Jamboree Road as required by the City of Newport Beach. • TABLE A NEWPORTERNORTH TRIP GENERATION COMPARISON Assumptions from 1992 Program EIR Revised Project LAND USE SFA* SFD** NUMBER OF UNITS 212 173 AMPEAK IN 42 35 AM PEAK OUT 138 121 AM PEAK TOTAL 180 156 PMPEAKIN 138 121 PM PEAK OUT 85 70 PM PEAK TOTAL 223 191 TOTAL ADT 2,078 1,903 • *Single Family Attached; ** Single Family Detached 16�° n u • On -site Circulation/Parking - Residential Area Consistent with provisions of the Newporter North Planned Community District Regulations, the Newporter North project is proposed to be served by a single vehicular access point at the intersection of Jamboree Road and Santa Barbara Street. An additional 20-foot wide emergency vehicle -only access is proposed from Jamboree Road if required by the Newport Beach Fire Department. This proposed circulation system is essentially identical to that evaluated in the 1992 Final CIOSA Program EIR. No new impacts associated with on -site circulation have been identified. No new mitigation measures are required The proposed site plan provides for 706 parking spaces (4.08 spaces/unit). There will be 346 garage spaces (2.0 spaces unit), 126 driveway spaces (.073 spacestunit), and 234 on street spaces (1.35 spaces/unit). This number and type of parking spaces meets the parking requirements set forth in the Planned Community District Regulations (Section III, Subsection 11 .(c.)). These provisions require a minimum of two (2) garage parking spaces per unit and an additional two (2) spaces per unit of guest parking which may be provided on street, in parking bays, or on driveway aprons. The plan as proposed provides for an additional 14 spaces beyond- what is required. Consequently, no adverse impacts related to parking are expected as a result of the proposed residential development. No new mitigation measures are required. Off -site Parking - Public Bluff Area r� u Parking for the public use of the bluff trail is an issue which has not yet been resolved. This issue will • be planned and evaluated at the time the City of Newport Beach prepares facility plans for the bluff top passive park. Mitigation has been provided that requires the City of Newport Beach to provide parking for the bluff top park area since access to adequate parking will not be provided through the private gated residential community. Preliminary review of the site indicates that provision of limited parking will be feasible. A. The City of Newport Beach shall provide adequate parking for the bluff top park area on Newporter North. A specific parking plan shall be prepared concurrent with preparation of park facility plans for the view park. Parking shall be convenient to either trail access. Implementation of the project as proposed and the above mitigation will assure that there is adequate, safe access to the bluff top park area. There will be no significant adverse impact related to access or parking. EARTH RESOURCES Will this subsequent activity result in any impacts not identified in the 'certified Program EJR preparedfor the project, in the following areas: 17 E E a) Unstable earth conditions or in changes in geologic substructures? b) Disruptions, displacements, compaction or over - covering of the soil? c) Change in topography or ground surface relief features? d) The destruction, covering or modification of any unique geologic or physical features? e) Any increase in wind or water erosion of soil, either on or off the site? f) Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g) Exposure of people or property to geologic hazards, such,as earthquakes, landslides, mudslides, ground failure, or similar hazards? Environmental Evaluation - 1992 Final CIOSA Program EIR Yes Maybe ❑ % 0 ❑ ❑ 0 0 ❑ No ❑ The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Earth Resources. This discussion is found on pages 271 to 291 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on page 278. Volume I of the 1992 Final CIOSA Program EIIL. The 1992 Final CIOSA Program EIR made the following conclusions regarding development on the Newperter North site pursuant to the CIOSA agreement. The Newporter North site is potentially subject to significant adverse impacts related to faultinglseismicity, liquefaction, erosion, blufi7slope instability, compressibletcollapsible soil, expansive and corrosive soil, and near surface ground water. Implementation of required mitigation measures mitigate all impacts to a level of insignificance. Adopted mitigation measures 27, 30 - 43 apply to development ofthe Newporter North site. 1s • Environmental Evaluation - 1992 Final CIOSA Program EIR The size of the development area is substantially similar to that assumed in the 1992 Final CIOSA Program EIR. The density and type of development is also the same. The boundaries of the residential development area and limits of related grading have been modified slightly. The edge of development has been pulled back further from the bluff top partially in recognition of areas along thebluffswhich are potentially unstable and subject to erosion and partially in recognition of adjacent sensitive coastal sage scrub habitat located on the bluffs. This modification does not alter the findings and conclusions of the 1992 Final CIOSA Program EIR related to geotechnical conditions. A supplemental geotechnical investigation has been conducted by the applicant to address the issue of necessary slope stabilization and remediation in the bluff top setback area on the north side of the project. Slope stabilization/remediation is necessary to protect the bluff top park area and trail and adjacent residential development from unsafe conditions resulting from possible slope failure. Slope stabilization/remediation is also necessary to address possible slope failures/slumps at the base of the bluffs along San Joaquin Hills Road. Potential slope failure/slumps in this location do not necessarily threaten the safety of residential and park areas above, but do cause destruction of sensitive coastal sage scrub habitat, significant erosion effecting water quality in the Upper Newport Bay, and high maintenance/repair costs. The applicants proposal for addressing these issues is outlined in a Leighton and Associates report dated October 26, 1994 and titled "Supplemental Geotechnical Investigation and Remedial Design of North Facing Slope Adjacent to San Joaquin Hills Road, Newporter North Property, Tentative Tract • 15011, City of Newport Beach, California". This report is on file with the City of Newport Beach for review. Briefly, the applicant proposes to construct a shear key, cutoff trench and/or a system of vertical and horizontal drains along the top of bluff along the northern edge of the site. Based on a preliminary review by the City Grading Engineer, this approach appears to adequately address the issue related to potential hazards for the bluff top park/trail area and adjacent residential area. A more detailed review and approval will be conducted in accordance with adopted mitigation measures and standard City policies. Concern has been expressed by the City Grading Engineer that the proposed solution may not effectively deal with the issue of potential slope failure/slumps on the lower portions of the slopes near San Joaquin Hills Road. To address this concern the following mitigation measure has been added: B. Prior to the acceptance of the slopes facing San Joaquin Hills Road by the City, the lower portions of the slope shall be stabilized in a manner acceptable to the City Grading Engineer and the Public Works Department. If remediation techniques other than slope reconstruction are proposed, the applicant shall fund an independent, third party analysis of all geotechnical information, with the consultanvto be selected by and responsible to the City. This study shall be used by the City to verify the adequacy of the slope stabilization program to maintain the stability of all slopes dedicated to the City for the foreseeable future. 19 AIRRESOURCES Will this subsequent activity result in any httpacts not idenifed in the certified Program ElR prepared for the project, ftt the following areas: Yes Maybe No a) Substantial air emissions or deterioration of ambient ❑ ❑ air quality? b) The creation of objectionable odors? ❑ ❑ g c) Alteration of air movement. moisture, or temperature, ❑ ❑ or any change- in climate, either locally or regionally? Environmental Evaluation -1922 Final CIOSA Proerarh EIR The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Air Resources. This discussion is found on pages 182 to 195 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages 185 and 188, Volume I of the 1992 Final CIOSA Program EIR. •The 1992 Final CIOSA Program EIR made the following conclusions regarding implementing the CIOSA agreement which included developing the Newporter North site: • Short-term impacts potentially resulting from construction activities are negligible and highly localized. These impacts will be mitigated to a level of insignificance with implementation of standard City policies and required mitigation measures. • Potential emissions resulting from mobile (vehicular) sources, combustion of natural gas, and the generation of electric energy will be mitigated to a level of insignificance with implementation of standard City policies and required mitigation measures. • The project -specific emissions, in conjunction with emissions generated from other past, present, and reasonably foreseeable future project emissions, will contribute to an impact on regional air quality. • The project will not create any objectionable odors. • The project will not alter air movement, moisture, or temperature, or result in any change in climate, either locally or regionally. Adopted mitigation measures 4 - 6, and 9 - I I apply to development on the Newporter North site. • 20 V Environmental Evaluation Newporter North Site Plan and Tentative Tract Map • The proposed residential development will contain 39 fewer units than provided for in the CIOSA Agreement and evaluated in the 1992 Final CIOSA Program EIR This represents a 19% reduction from 212 to 173 units. As discussed in the Transportation/Circulation section, there is a related decrease in the number of average daily and peak hour trips associated with the project. As a result, no additional impacts related to air resources have been identified. The project's contribution to impacts on regional air quality is reduced but not eliminated over that considered in the 1992 Final CIOSA Program EIR There have been no substantial changes in the local or regional conditions that would change the conclusions of the 1992 Final CIOSA Program ERR NOISE II'ill this subsequent activity result in any impacts not identified in the certified Program EIR prepared for the project, in the following areas. Yes Maybe No a) Increases in existing noise levels? ❑ I7 Nt b) Exposure of people to severe noise levels? 0 0 YL Environmental Evaluation - 1992 Final CIOSA Program EIR • The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Noise. This discussion is found on pages 196 to 235 of Volume I of the 1992 Final CIOSA Program EIR The criteria used in the evaluation of impacts are stated on pages 196 and 215, Volume I of the 1992 Final CIOSA Program Ea The 1992 Final CIOSA Program EIR made the following conclusions regarding implementing the CIOSA agreement which Included developing the Newporter North site: • All short-term noise impacts resulting from construction activities will be mitigated to a level of insignificance. • Off -site noise impacts due to traffic generated by development allowed pursuant to the CIOSA agreement (including development of the Newporter North site) are not significant. • On -site noise levels related to traffic on Jamboree Road will potentially exceed acceptable noise standards for residential uses. Standard City policies and required mitigation measures will reduce these impacts to a level of insignificance. All development within the Newporter North site will meet City standards. 21 . The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will not result in significant cumulative noise impacts. Adopted mitigation measures 12 and 14 (see attached list of mitigation measures) were required with approval of the CIOSA project in 1992 to mitigate noise impacts related to development on the Newporter North site. Environmental Evaluation - Newporter North Site Plan and Tentative Tract Man Assumptions related to future traffic volumes and related noise levels along Jamboree Road remain the same as those contained in the 1992 Final CIOSA Program EIR. Some residential units to be located along Jamboree Road will experience noise levels in excess of 65 CNEL. These units will require mitigation as outlined in adopted mitigation measures 12 and 14. The proposed landscaped berms along much of the Jamboree Road frontage may reduce noise levels to acceptable levels for some outdoor living areas and first floor indoor living space. But additional noise attenuation is expected to be necessary to conform to the requirements of adopted Mitigation Measures 12 and 14. WATER RESOURCES Will this subsequent activity result in any impacts not identified in the certified Progrwn EIR • prepared for the project, in the following areas: Yes Maybe No a) Changes in currents, or the course of direction of water ❑ ❑ movements, in either marine or freshwater? b) Changes in absorption rates, drainage patterns, or the rate N: ❑ ❑ and amount of surface runoff? c) Alterations to the course or flow of flood waters? ❑ ❑ 74 d) Changes in the amount of surface water in any water body? ❑ ❑ %. e) Discharge into surface waters, or in any alteration of surface ❑ ❑ IA water quality? f) Alteration of the direction or rate of flow of ground waters? ❑ ❑ g) Change in the quantity of ground waters, either through ❑ ❑ X direct additions or withdrawals, or through interception of an aquifer by cuts or excavations: n U 22 • construction baseline measurement of the number and frequency of coyotes using the lower portion of Upper Newport Bay in the vicinity of the Newporter North site. If, after commencement of construction, it is demonstrated by the U.S. Fish and Wddlife Service that there has been a significant decrease in the population of coyotes in the vicinity of the Newporter North site, due solely to development of the site, and, this decrease in coyote population has had a detrimental effect on sensitive bird species in the area, the project proponent shall contribute up to $25,000 toward an animal management program to be administered, by the Resource Agency managing the Upper Newport Bay Ecological Reserve. The applicant and the U.S. Fish and Wildlife Service have been cooperating in implementing this measure. All parties have recently approved a scope of work and the monitoring study has commenced. HOUSU4G/POPULATION HOUS]TgG Will this subsequent activity result in any impacts not identified in the certified Program EIR prepared for the project, in the following areas: Yes Maybe No • a) Affect existing housing, or create a demand for additional ❑ ❑ housing? n U POPULATION a) Alter the location, distribution, density or growth rate of ❑ ❑ the human population of an area? Environmental Evaluation - 1992 Final CIOSA Program E1R The 1992 Final CIOSA Program EIR, Volume I contains an environmental evaluation related to Housing. This discussion is found on pages 302 to 311 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages 303, Volume I of the 1992 Final CIOSA Program EIR. The 1992 Final CIOSA Program EIR made the following conclusions regarding implementation at the CIOSA agreement. • The proposed project will not alter the location, distribution, density, or growth rate of the human population ofthe area. 32 1. Ground saltbush, or Australian saltbush, is non-native and highly invasive. It shall be . eliminated or replaced with quail brush or four -wing saltbush. Both of these species are native to NewportBay. 2. Eucalyptus trees tend to be invasive and produce allelopathic chemicals that inhibit growth of other plants. Eucalyptus trees shall be eliminated and replaced with Mexican elderberry or coast live oak Both species and native. 3. Myoporum and acacia, both non-native and invasive, shall be eliminated or replaced with Mexican elderberry or lemonadeberry. 4. Japanese honeysuckle shall be eliminated and replaced with southern honeysuckle, a native plant. Rockrose, lantana, and price of madeira shall be eliminated or replaced with natives such as bladderpod, monkey -flower, royal penstemon, and silver lupine. 6. Other acceptable groundcover species are miniature lupine, blue -eyed -grass, blue dicks, and purple needlegrass. Implementation of this mitigation measures shall mitigate impacts to a level of insignificance. Coyotes . The 1992 Final CIOSA Program EIR identified two potential impacts which could impact the use of Upper Newport Bay by coyotes, The first was loss of upland habitat (primarily introduced annual grassland). Review of the Site Plan and Tentative Tract Map shows substantially the same loss of upland habitat as identified in the 1992 Final CIOSA Program EIR. The second potential impact was the encroachment of development and grading in close proximity to an on -site coyote den. The plans in 1992 did not show that the den would be directly impacted and destroyed. however, residential development was proposed sufficiently close to the den that it was assumed that there was a high likelihood that the den would be abandoned. Review of the currently proposed tentative tract map and preliminary grading plans indicate that grading and development will, be much closer to the den than envisioned in 1992 and could very well directly impact the den during grading operations. This increases the certainty that the den will be abandoned and/or destroyed. As discussed above, the applicant met with the U.S. Fish and Wildlife Service in 1992 to discuss the Services concern over this impact. A mitigation was agreed upon. It read as follows: 84. Prior to the issuance of a grading permit for the Newporter North site, the project proponent shall contribute up to $10,000 to complete an Upper Newport Bay coyote Monitoring Study, to be conducted under the direction of the U.S. Fish and Wildlife Service, The study shall be completed prior to the commencement of grading. The study shall include gathering data to establish a pre- 31 SI- • A conceptual restoration/revegetation plan shall be designed and approved prior to issuance of a grading permit. Coastal sage scrub that is removed from the site shall be used for revegetation on - site to ensure species composition integrity on the site. Any supplemental seed mixture that may be used in the revegetation area shall be of the same species and planted in the same ratio as shrubs found currently on site. Wetlands The 1992 Final CIOSA Program EIR identified that about .01 acres of an estimated .25 acres of wetlands near the future project entrance at Santa Barbara Drive would be impacted by the project as a result of the proposed access road. Since the 1992 Final CIOSA Program EM, the applicant has begun preparation of a formal wetlands delineation study pursuant to adopted mitigation measures and in preparation for obtaining necessary pemtits and approvals. This wetland delineation study more accurately identified the existing wetlands on -site. According to this study, there is 1.65 acres of wetlands between Jamboree Road and the northern bluff edge. Of this about .27 acres of wetlands will be impacted by the main access road (0.07 acres), bluff stabilization (0.13 acres), and construction of a drainage swale (0.04 acres). The proposed grading and access plan minimizes the impact on wetlands from construction of the main access road. The road width is the narrowest acceptable to the City and retaining walls will be used where feasible to reduce the encroachment of grading into the wetland. This impact although slightly greater in magnitude than envisioned in the 1992 Final CIOSA Program EIR can be mitigated to a level of insignificance with adopted mitigation measures related to wetland mitigation (see attached list of mitigation measures) and the following additional mitigation measures: M. In the vicinity of the wetlands, the proposed bluff trail shall be designed along the general vicinity of an existing footpath which skirts the northern edge of the wetlands. This will minimize impacts to the wetland in.the vicinity of the bluff trail. N. Wetlands buffers shall be provided to protect wetlands areas consistent with the CIOSA Agreement, and California Department of Fish and Game and Coastal Commission requirements. Landscape Palette Landscaping on the manufactured slopes that overlook the Upper Newport Bay Ecological Reserve and John Wayne Gulch should contain species that will not promote degradation of the natural habitats by the invasion of non-native species. Some of the plants listed in the landscape palette on the proposed landscape plan are non-native plants which are invasive and could spread into the reserve. The following measure is proposed to address this concern. O. The following recommendations shall apply to manufactured slopes behind Lots 20 to 53 including the north slope of the access road, Lots 151 to 168, and the western slope of the detention basin (Latin names for all listed species are contained in the supplemental biological assessment on file with the City of Newport Beach). 30 • Coastal Sage Scrub As anticipated in the 1992 Final CIOSA Program EIR, necessary bluff stabilization/remediation (as described in the Earth Resources section) will impact coastal sage scrub habitat containing California Gnatcatchers. An estimated 1.5 acres of coastal sage scrub will be removed by construction of a shear key and cutoff trench. The coastal sage scrub in the impact area is dominated by California sagebrush, coastal goldenbush, and California sunflower. California Gnatcatchers were located in the area in a 1992 survey and the recent 1994 Michael Brandman Associates surveys confirmed the findings of the 1992 study. The following mitigation measures are proposed in addition to measures proposed in the 1992 Final CIOSA Program EIR (please see attached list of mitigation measures). G. Prior to the removal of any coastal sage scrub, the U.S. Fish and Wildlife Service, California Department of Fish and Game, and the County of Orange shall be notified of the proposed removal. All removal of coastal sage scrub shall be done in accordance with Natural Communities Conservation Plan guidelines. Verification of this consultation and adherence to the NCCP guidelines shall be provided in writing to the City of Newport Beach prior to issuance of any clearing or grading permit for the area which will effect the coastal sage scrub habitat. • H. Coastal sage scrub vegetation shall be removed outside of the breeding season of the California Gnatcatcher. All removal, clearing, and grading in the area shall occur in the period between August 15 and February 10. Any removal of wetlands related to the shear key and cutoff trench . shall be done at the same time. I. Coastal sage scrub which will not be directly impacted by removal shall be protected with orange snow fencing (or similar material). Silt fencing shall be installed'in places where grading will occur within 10 feet of the edge of bluff. I A qualified biological monitor shall be present during all activities related to the removal of coastal sage scrub and grading/clearing in areas adjacent to coastal sage scrub. This monitor shall be approved by the City of Newport Beach. The monitor shall have the authority to stop any activities which are intruding into coastal sage scrub habitat. K Coastal sage scrub habitat shall be removed from east to west to allow the California Gnatcatcher to disperse into other adjacent areas of coastal sage scrub. L. After slope stabilization measures are completed, coastal sage scrub revegetation shall be implemented following all applicable agency guidelines. Coastal sage scrub shall be replaced at the same location from which it is being,removed, both on the manufactured slope and natural flat bluff edge near the bluff trail. Revegetation shall take place on the manufacture slope from Lot 34 to Lot 38 and on the natural blufftop below the manufactured slope from point 150 feet west of Lot 28 to Lot 38. 29 (6� • . This closer proximity has raised concerns about potential impacts to wildlife species in John Wayne Gulch from a greater visual and noise intrusion. It is possible that the increased visual and noise impacts could inhibit use of John Wayne Gulch by wildlife, including the light-footed clapper rail. To address this issue the following mitigation measures has been included. D. The manufactured slope along the southern edge of the project paralleling John Wayne Gulch shall be planted in native coastal sage scrub vegetation. The coastal sage scrub will act as a visual barrier for wildlife using John Wayne Gulch. E. The 6 foot high wrought iron fence proposed along the edge of residential lots at top of the manufactured slope shall be constructed with the lower half of the fence comprised of a solid masonry material. This design will decrease the amount of noise from the development effecting wildlife using John Wayne Gulch. The top of the fence may be any material including wrought iron, plexiglass, etc. Implementation of these measures will mitigate any potential impact to a level of insignificance. Another potential effect on John Wayne Gulch could result from the proposed drainage system proposed for the project. The proposed drainage system is described in the Water Resources section of this report. Briefly, the majority of on -site urban runoff and all of the off -site runoff coming from Newport Center will eventually utilize Basin No. 2 as a detention basin. This basin will be constructed • on the southeastern edge of the project, above John Wayne Gulch. The intent is to detain runoff in the basin and allow it to flow into and through John Wayne Gulch. The system appears to be capable of adequately handling sedimentation, but as currently proposed no measures for handling urban pollutants is evident. There is concern that the increase in urban pollutants in the runoff could adversely effect the wetland habitat in John Wayne Gulch and Upper Newport Bay. To address this issue the following mitigation measures are included. • F. The detention basin (Proposed Basin No. 2) shall 'be created with a soft bottom to permit percolation, thus lessening the amount of water flowing directly to John Wayne Gulch. The detention basin shall be divided into cells and each cell shall be planted with freshwater emergent vegetation. Directing runoff through this vegetation will be effective in cleaning the urban runoff prior to its release into John Wayne Gulch. The cells shall be maintained and cleaned periodically. A manual detailing maintenance guidelines for the detention basin cells shall be prepared prior to issuance of a grading permit for the retention basin. This manual shall be approved by the City of Newport Beach Planning and Public Works Departments in consultation with, the California Department of Fish and Game and U.S. Department of Fish and Wildlife. The wetland habitat created in the detention basins should not be construed as mitigation for impacts to jurisdictional wetlands because necessary periodic cleaning of the cells will be necessary to keep them functioning as designed. 29 4 - Program EIR, a wetland delineation study conducted by John M. Tettemer in October, 1994, aerial • photographs, and geotechnical, drainage, grading and landscape plans submitted by the applicant. John Wayne Gulch John Wayne Gulch is a dominant geographic feature on -site. It supports 6.73 acres of freshwater marsh and 1.04 acres of willow woodland/dparian scrub. The fight -footed clapper rail (Rallus longirostris levipies), a federal and state listed endangered species, is reported to use John Wayne Gulch as part of its habitat. This species is a resident of the saltwater marsh areas of Upper Newport Bay. The 1992 Final CIOSA Program EIR assumed that the edge of development (edge of residential lots) would be about 250 feet from the edge of the wetland habitat within John Wayne Gulch. However, grading itias anticipated to extend beyond that limit for an unspecified distance. To prevent significant adverse impacts on John Wayne Gulch from grading and related activities, adopted mitigation measure # 18 requires that no grading or related grading activity encroach below the 60-contour line running parallel the John Wayne Gulch. This grading activity limits is about 150 feet from the edge of the wetland habitat. The proposed site plan and grading plan were reviewed to determine if there were any changes requiring reevaluation. The limits of grading are within the parameters outlined in adopted mitigation measure 18. The toe of the manufactured slope and retaining wall come up to but do not extend • beyond the 60 foot contour. However, there is some concern about the ability to limit all grading activity (e.g. stockpiling, equipment storage and operations) from the area below the 60-foot contour because grading comes to that contour for almost the entire length of the southern edge of the project. The following mitigation measure is proposed to address this potential impact. C. To prevent the accidental intrusion of grading and construction activity extending beyond the 60 foot contour above John Wayne Gulch, a temporary barrier that will function as both a visible warning to construction crews and a physical barrier against construction activities shall be installed along the 60-foot contour prior to construction of any grading or site preparation and shall be remain in place until all such activities have ceased (including installation of landscaping). Implementation of this measure will mitigate any potential impact to a level of insignificance. The edge of the development area along the John Wayne Gulch area is defined as the edge of the residential lots (not including, the manufactured slope which will be owned and maintained by the homeowners association). This area essentially defines the area of "human activity" for that portion of the development adjacent to John Wayne Gulch. In the 1992 Final CIOSA Program EIR, the edge of the development area was assumed to be about 250 - 300 feet from the wetlands. The modified development area now comes to within 150 feet of the wetlands as a result of modifying the development area to pull back from other sensitive habitat areas along the bluffs containing coastal sage scrub andCaliforniaGnatcatcher habitat. 27 V)q 411 • • No significant impacts to sensitive plant species including aphanisma and the southern tarplant were identified. No significant impacts to sensitive wildlife species (other than the California Gnatcatcher) including the red -shouldered hawk, lightfooted clapper rail, and the California black rail were identified. • Mitigation measures have been provided to mitigate the loss of wetland habitat on Newporter North resulting from access road improvements. This impact is mitigated to a level of insignificance. • No impacts are anticipated to wetlands habitat in John Wayne Gulch. • No impacts are anticipated to coastal sage scrub habitat from development of residential and open space uses due to the habitat being restricted to steep bluff faces which are not feasible for residential development or public use. However, possible stabilization of portions of the bluff slope required to provide a safe public trail could impact small areas of coastal sage scrub. Mtigation has been provided that mitigates this impact to a level of insignificance. • Removal of introduced annual grassland of low biological sensitivity is considered an insignificant impact. • Implementation of the complete CIOSA Agreement (including development of the Newporter North site) contributes on an incremental level to an overall reduction in the general botanical and • wildlife resources of the area through habitat loss, fragmentation of habitats, interruption of wildlife movement and a reduction of genetic exchange among wildlife populations in the area. This is considered a significant cumulative impact. During public review of the project, concerns were raised by the U.S. Fish and Wildlife Service regarding the impact identified in the 1992 Program EIR related to the possible encroachment near a coyote den located within the Newporter North site. U.S. Fish and Wildlife expressed concern about the impact of this displacement on the ecosystem -of Upper Newport Bay. As a result of a meeting between the project proponent and the U.S. Fish and Wildlife Service a mitigation measure (No. 84) was added which adequately addressed the agencies concerns. Adopted mitigation measures 15 - 18, 21, 23 - 25, 78, and 83 - 84 apply to development on the Newporter North site. Environmental Evaluation - Newporter North Site Plan and Tentative Tract Man A supplemental biological assessment was conducted to assess the possible effects of modifications to the development area, proposed bluff stabilization/remediation, proposed drainage improvements, and proposed landscape plans for areas adjacent to sensitive habitat areas. This assessment was conducted by Michael Brandman Associates and is detailed in a letter to the City of Newport Beach, dated November 7,1994. This letter report is on file with the City of Newport Beach Planning Department. The assessment included two focused field surveys conducted on October 18 and November 4, 1994. • The analysis included review of previous biological studies conducted for the 1992 Final CIOSA 26 c) Introduction of new species of plants into an area, or in 0 ❑ . a barrier to the normal replenishment of existing species? d) Reduction in acreage of any agricultural crop? ❑ ❑ qO TN a) Change in the diversity of species, or number of any 0 ❑ 9A species of animals (including birds; land animals, including reptiles; fish and shellfish, benthic organisms or insects)? b) Reduction of the numbers of any unique, rare, or ❑ ❑ endangered species or animals? c) Introduction of new species of animals into an area, or ❑ ❑ �Q in a barrier to the migration or movement of animals? d) Deterioration to existing fish or wildlife habitat? ❑ ❑ Environmental Evaluation - 1992 Final CIOSA Program EIR The 1992 Final Program EIR, Volume I contains an environmental evaluation related to Biological • Resources. This discussion is found on pages 236 to 270 of Volume I of the 1992 Final Program EIR. The criteria used in the evaluation of impacts are stated on pages 253, Volume I of the 1992 Final Program EIR. Volume III of the 1992 Final Program EIR, which contains the Response to Comments and Addendum, also contains information related to biological resources and impacts. In particular, responses to comments received from the US, Department of Fish and Wildlife, California Department of Fish and Game, the California Native Plant Society, SPON, and Dr. Jan Vandersloot contain additional information related to biological impacts. The 1992 Final CIOSA Program EIR made the following conclusions regarding developing the Newporter North site pursuant to the CIOSA Agreement. Impacts to California Gnatcatcher habitat on Newporter North resulting from possible bluff stabilization/remediation to erosion control and development of open space uses is partially mitigated, but not to a level of insignificance. The remaining impact is considered significant and adverse. The loss of upland habitat (introduced annual grassland) on the Newporter North site could potentially result in the elimination of coyotes from all or a portion of Upper Newport Bay. This elimination could significantly disrupt key predator -prey relationships in Upper Newport Bay. This loss of upland habitat is considered an unavoidable adverse impact. 25 • Adopted mitigation measures 44 - 50 and 74 - 77 apply to development on the Newporter North site. Environmental Evaluation NewporterNorth Site Plan and Tentative Tract Mao Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR. The location and limits of development are substantially the same as that assumed in the 1992 Final CIOSA Program EIR. The site plan, tentative tract map, and preliminary grading and drainage plans appropriately reflect issues raised in the 1992 Final CIOSA Program EIR and the adopted CIOSA Agreement. Concurrent with this phase of design and approval, the applicant has prepared a preliminary drainage plan for consideration by the City. This system is described in detail in a letter written to the City of Newport Beach from VanDell and Associates on October 10, 1994. This letter is available for review at the address provided in the introduction. Briefly, the applicant is proposing a system which will utilize both an existing on -site retention basin and a new retention basin to be constructed on the south end of the residential development area. This dual basin system will convey the majority of drainage flows into John Wayne Gulch. A small portion of on -site drainage may still continue to flow from the site through a pipe in the northern slope leading to the San Joaquin Hills Road storm drain. This system is proposed to adequately handle all flows now received on site from off -site drainage flows conveyed from Newport Center as well as increased runoff from within the site. The dual basin system is also expected to be adequate in reducing the amounts of sediments entering the Upper Newport Bay. • Preliminary plans for treatment of the bluff top setback area and public trail are sensitive to the issue of existing and increased drainage causing further erosion of the bluff face. Adopted mitigation measures related to these issues will be met as required by the adopted mitigation monitoring plan. Review of the plans do not reveal any new potential adverse impacts related to water quality or erosion. BIOLOGICAL RESOURCES Will the subsequent activity resell ill my impacts not previously identified it, the certified 1992 Final C10SA Program EIR in the follrnving areas? PLANT LIFE. Yes Maybe No a) Change in the diversity of species or number of any ❑ ❑ species of plants (including trees, shrubs, grass, crops, and aquatic plants? b) Reduction of the numbers of any unique, rare, or ❑ ❑ endangered species of plants? • 24 11 M h) Substantial reduction in the amount ofwater otherwise ❑ ❑ Nt available for public water supplies? i) Exposure of people or property to water related hazards 0 ❑ k such as flooding or tidal waves? Environmental Evaluation -1992 Final CIOSA Program EIR The 1992 Final CIOSA Program M Volume I contains an environmental evaluation related to Water Resources. This discussion is found on pages 292 to 301 of Volume I of the 1992 Final CIOSA Program EIR The criteria used in the evaluation of impacts are stated on pages 295 and 296, Volume I of the 1992 Final CIOSA Program E1R Additional discussion and analysis on water quality is contained in Volume III, Response to Comments and Addendum, pages 9-10, 57-59, 75-76, and 155- 156. The 1992 Final CIOSA Program EIR made the following conclusions regarding development on the Newporter North site pursuant to the CIOSA agreement, • The project will not create changes in deposition or erosion of beach sands, or change in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet, or lake. • The project will not alter the direction or rate of flow of ground waters. • The proposed project will not change the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. • The project will not substantially reduce the amount of water otherwise available for public water supplies. • Subsequent to mitigation, the project will not result in significant short term impacts to water quality from construction -related sediment erosion. • Subsequent to mitigation, the project will not result in significant impacts due to increased drainage on an already inadequate drainage system. • Subsequent to mitigation, the proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will not have a significant short term impact on the water quality in Newport Bay due to sediment from construction. • Implementation of all development entitled in the CIOSA Agreement, in conjunction with other past, present, and reasonably foreseeable future projects, will have an incremental long-term impact on water quality in Newport Bay due to increased urban pollutants. 23 �7JD 15 0 • The proposed project will not significantly alter the location, distribution, and density at the City of , Newport Beach housing stock. • The proposed project will meet the affordable housing goal and will not create a need for additional housing. • The proposed project will incrementally improve the City's jobs/housing ratio. • No sigruScant cumulative impacts wore identified. No mitigation measures were found necessary. Environmental Evaluation Newporter North Site Plan and Tentative Tract Mao The development as proposed is substantially similar to that assumed in the 1992 Final CIOSA Program EIR. Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR. Development of the residential portion at the Newporter North site, as detailed in the proposed site plan and tentative map, will not create any significant adverse impacts related to housing and population. CULTURAL RESOURCES. • Will this subsequent activity result in ally impacts not identified in the certified Program EIR prepared for the project, in the following areas. Yes Maybe No a) Result in the alteration of or the destruction of a prehistoric Cl ❑ S4 or archaeological site? b) Result in adverse physical or aesthetic effects to a pre- ❑ ❑ historic or historic building, structure, or object? c) .Have the potential to cause a physical change which would ❑ ❑ affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within the potential ❑ ❑ impact area? Environmental Evaluation - 1992 Final CIOSA Program E1R The 1992 Final CIOSA Program EK Volume I contains an environmental evaluation related to Cultural Resources. This discussion is found on pages 310 to 331 of Volume I of the 1992 Final CIOSA Program EIR. The criteria used in the evaluation of impacts are stated on pages 316 - 317 (for 33 � S 0 ! • archaeological resources) and page 9 (for paleontological resources), Volume I of the 1992 Final CIOSA Program ER The 1992 Final CIOSA Program EIR made the following conclusions regarding developing the Newporter North site pursuant to the CIOSA agreement. • After mitigation, the proposed project will not result in significant impacts to any known archaeological resources. • After mitigation, the proposed project will not result in significant adverse impacts to any currently unknown archaeological or paleontological resources. • The project will not result in an adverse physical or aesthetic effect on a prehistoric or historic building, structure, or object. • The project does not have the potential to cause a physical change that would affect unique ethnic cultural values. • The project will not restrict existing religious or sacred uses within the potential impact area. Adopted Mitigation Measures 51 - 53 and 58 - 61 apply to development on the Newporter North site • (see attached list of mitigation measures). Environmental Evaluation - NewporterNorth Site Plan and Tentative Tract Man The 1992 Final CIOSA Program EIR identified potential impacts to two sites from development of residential uses on Newporter North. These sites were Ca-Ora-64 and Ca-Ora-100. Two other sites were identified as being potentially impacted directly or indirectly from implementation and use of passive open space areas on the project site. These sites were Ca-Ora-51 and Ca-Ora-518. One remaining site, Ca-Ora-52 was not expected to be impacted. As described earlier in this report, the boundary of the residential development area has been modified slightly partially in recognition of adjacent sensitive coastal sage scrub habitat and possible bluff instability issues. As a result grading for the residential development is no longer expected to directly impact Ca Ora-100. However, clearing and grading related to development of the public bluffbA an emergency vehicle turn around area, and bluff stabil'uzation/remediation measures will directly impact most of Ca -Ora 100. Consequently, it is still assumed that Ca-Ora-100 will be impacted, possibly to a slightly greater extent than previously identified in the 1992 Final CIOSA Program EIR. Adopted mitigation measure 59 requires that the portion of Ca-Ora-1o0 which will impacted by grading and/or development of residential uses shall be subject to a surface collection. The applicant has entered into an agreement with a qualified archaeological consultant to conduct the necessary test excavations and collections. Implementation of this mitigation measure in accordance with the Mitigation Monitoring Program will adequately mitigate any impacts related to the archaeological resources contained in Ca- Ora-100. 34 ,A 'Jr;VZ 0 0 The estimated impact area efrecting Ca-Ora-64 is substantially the same as that assumed in the 1992 Final CIOSA Program EIR. Implementation of adopted mitigation measure 59 is required. The applicant has entered into an agreement with a qualified archaeological consultant to conduct all necessary testing and mitigation/data recovery. The research design and operations plan is currently being processed through the California Coastal Commission for necessary permits. Implementation of adopted mitigation measures will adequately mitigate any impacts related to archaeological resources within Ca-Ora-64. Ca-Ora-51 and Ca-Ora-518 are located within passive open space areas near John Wayne Gulch. Development of residential uses, the bluff top trail and related access, and currently proposed bluff stabilization and remediation will not directly or indirectly impact these sites. No uses or direct access are currently envisioned within the area which would impact the two sites. In the future, should the City of Newport Beach propose any passive park use within this area additional analysis and mitigation would be required pursuant to standard City policies and adopted mitigation measure 58. The limits of grading as shown on the preliminary grading plan will not result in any significant adverse impacts to known paleontological sites. However, as discussed in the 1992 Final CIOSA Program EIR, the potential for impacting unknown, buried paleontological resources is possible. Such an impact could be a significant adverse impact. Adopted mitigation measures 67 - 70 will adequately mitigate any potential impacts to a level of insignificance. PUBLIC SERVICES AND UTILITIES. PUBLIC SERVICES. Will this subsequent activity rends br mry impacts not identified in the certified Program EIR prepared for the project, in the folloiving areas. Yes Maybe No a) Fire Protection? 0 0 b) Police Protection 0' 0 c) Schools? 0 0 d) Parks or other recreational facilities? 0 0 e) Maintenance of public facilities, including roads? 0 0 }>R f) Other governmental services? 0 0 35 P% . UTILITIES. Will this subsequent activity result in arty impacts not identified in the certified Program EIR prepared for the project, in the following areas. N M a) Power or natural gas? Yes ❑ aybe 0 o b) Communications systems? 0 0 c) Water? 0 0 d) Sewer or septic tanks? 0 0 e) Storm water drainage? 0 0 �( 0 Solid waste and disposal? 0 0 RECREATION. Will this subsequent activity result in any impacts not idelrlified in the certified Program EIR prepared for the project, in the following areas. a) Impact upon the quality or quantity of existing recreational opportunities? F-nvironmental Evaluation -1992 Final CIOSA Program EIR Yes Maybe No 0 ❑ X The 1992 Final Program EIR, Volume I contains an environmental evaluation related to Public Services and Utilities. This discussion is found on pages 332 to 363 of Volume I of the 1992 Final CIOSA Program EIR The criteria used in the evaluation of impacts are stated on pages 346, Volume I of the 1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR made the following conclusions regarding the potential impacts of Implementing the entire CIOSA agreement which includes development of the Newporter North site. • Project -specific impacts related to electricity, natural gas, library services, parks and recreation, telephone services, and waste disposal are considered insignificant. • Project -specific impacts related to schools, water, law enforcement and waste water can be mitigated to a level of insignificance with implementation of applicable City policies and requirements and mitigation measures contained in the program EIR 36 Project -specific impacts related to providing adequate fire protection service to the Freeway • Reservation and San Diego Creek South sites would be significant until construction of a new fire station serving North Newport. This significant adverse impact was not caused or contributed to by the assumed development of the Newporter North site, but rather from development occurring to the east of Upper Newport Bay. • Cumulative impacts related to all public services and utilities are considered insignificant. • The proposed project will not have an effect upon or result in the need for other governmental services. • The proposed project will not create a significant need for additional maintenance of public facilities. • The proposed project will not result in an impact upon the quality or quantity of existing recreational opportunities. Adopted Mitigation Measures 71, 72, and 73 apply to development on the Newporter North site (see attached list of mitigation measures). Environmental Evaluation Newoorter North Site Plan and Tentative Tract Man Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program E& Development of the residential portion of the Newporter North site, as detailed in the proposed site plan and tentative map, will not create any adverse impacts related to public services and utilities other than those analyzed and mitigated in the 1992 Final CIOSA Program E1R The number of residential units proposed on the site plan is 173 units which is 39 units less than the 212 units entitled by the CIOSA Agreement and allowed by the City's General Plan and Planned Community District Regulations. Consequently, demand for public services and utilities will be slightly less than projected in the 1992 Final CIOSA Program EIR. There have been no substantial changes in the local or regional conditions that would change the conclusions of the 1992 Final CIOSA Program E1R Access to and from the residential development area is substantially similar to that assumed in the 1992 analysis. Emergency access provided to the residential site is considered adequate by Newport Beach Fire Department and Public Works Department. Pedestrian and bicycle access to the future public bluff top park area and bluff top trail is proposed from a trail head off of San Joaquin Hulls Road generally across from the existing entrance to the Park Newport Apartments. The location of this access is acceptable to the City of Newport Beach. Gated pedestrian access to the public bluff top trail will also be provided in several locations from the adjacent future residential area. Emergency access to the bluff top area and trail is proposed at the public trail head on San Joaquin Kills Road and from within the private community at the end of "Q" Street. The 37 • location of this emergency access is considered adequate by the City of Newport Beach Public Works Department and Fire Department. Trail -related parking is discussed under Transportation and Circulation above. HUMAN HEALTHMSK OF UPSET HUMAN HEALTH. Will this subsequent activity result in cnty impacts not identified hi the certified Program EIR prepared for the project, in the following areas. Yes Maybe No a) Creation of any health hazard or potential health hazard 0 ❑ jL (excluding mental health)? b) Exposure of people to potential health hazards? ❑ ❑ iQ RISK OF UPSET. Wt11 this subsequent activity result in any impacts not identified in the certified Program EIR prepared for the project, in the following areas: • Yes Maybe No a) Arisk of an explosion or the release of hazardous substances 0 ❑ jQ (including, but not limited to: oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b) Possible interference with an emergency response plan or an ❑ ❑ 11/1 emergency evacuation plan? Environmental Evaluation -1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR made the following conclusions regarding implementation of the CIOSA agreement and development of the Newporter North site pursuant to the Planned Community District Regulations: • The proposed project will not involve a risk of an explosion or the release of hazardous substances in the event of an accident or upset conditions. • The project will not interfere with an emergency response plan ;ran emergency evacuation plan. • The project will not result in the exposure of people to potential health hazards. 0 38 These conclusions were based on discussions contained in the March 29, 1991 Initial Study prepared • for CIOSA agreement which was used to focus the Program EIR The Initial Study was included in Volume 11, Appendix A of the 1992 Final CIOSA Program EIR. Its conclusions related to Energy and Natural Resources were reiterated on pages 416 - 417 of Volume I of the 1992 Final Program EIR Environmental Evaluation Newporter North Site Plan and Tentative Tract Mai Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR. Development of the residential portion of the Newporter North- site, as detailed in the proposed site plan and tentative map, will not create any significant adverse impacts related to human health or risk of upset. The number of residential units proposed on the site plan is 173 units which is 39 units less than the 212 units entitled by the CIOSA Agreement and allowed by the City's General Plan and Planned Community District Regulations. Access to and from the site is substantially similar to that assumed in the 1992 analysis. Existing and planned land uses surrounding and near to the site are the same as assumed in the 1992 analysis. There have been no substantial changes in the local or regional conditions that would change the conclusions of the 1992 Final CIOSA Program EIR. ENERGY/NATURAL RESOURCES ENERGY. Will this subsequent activity result in any impacts riot identified ill the certified Program EIR prepared for the project, in the following areas: Yes Maybe No a) Use of substantial amounts of fuel or energy? 0 0 p` b) Substantial increase in demand upon existing sources 0 0 j0 of energy or require the development of new sources of energy? NATURAL RESOURCES. Will this subsequent activity result in any impacts not identified in the certified Program FJR prepared for the project, in the following areas: Yes Maybe No a) Increase in the rate of use of any natural resources? 0 0 9 39 • Environmental Evaluation -1992 Final CIOSA Program EIR The 1992 Final CIOSA Program EIR made the following conclusions regarding implementation of the CIOSA agreement and development of the Newporter North site pursuant to the Planned Community District Regulations: • The project will not increase the rate of uses of any natural resources. • The project will not substantially deplete any non-renewable natural resource • The project will not result in the use of substantial amounts of fuel or energy. • The project will not substantially increase the demand upon existing sources or energy, or require the development of new sources of energy. These conclusions were based on discussions contained in the March 29, 1991 Initial Study prepared for CIOSA agreement which was used to focus the Program EIR The Initial Study was included in Volume U, Appendix A of the 1992 Final CIOSA Program EIR. Its conclusions related to Energy and Natural Resources were reiterated on pages 416 - 417 of Volume I of the 1992 Final Program EIR. Environmental Evaluation - Newporter North Site Plan and Tentative Tract Man • Review of the proposed site plan and tentative map confirms the conclusions of the 1992 Final CIOSA Program EIR. Development of the residential portion of the Newporter North site, as detailed in the proposed site plan and tentative map, will not create any significant adverse impacts related to energy/natural resources. The number of residential units proposed on the site plan is 173 units which is 39 units less than the 212 units entitled by the CIOSA Agreement and allowed by the City's General Plan and Planned Community District Regulations. Demand for energy and other natural resources will be even less than what was assumed in the 1992 Final CIOSA Program EIR There have been no substantial changes in local or regional conditions that would change the conclusions of the 1992 Final CIOSA Program EIR. • 40 �� 0 0 IV. FINDING OF SIGNIFICANCE As discussed in Section III, CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. Among several uses the program EIR can provide the basis in an Initial Study, for determining whether the later activity may have significant effects (CEQA Guidelines, section 15168, subd.(d).) CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or in the case of a mitigated negative declaration no effects which cannot be eliminated or reduced to a level of insignificance. (Guidelines, section 15070. subd.(b) and 15153, subd.(c).) This Initial Study analyzed the proposed site plan and tentative map for the Newporter North residential development based on information contained in the previously certified 1992 Final C109A Program EIR and any new information which has become available regarding the project, The assumptions and conclusions of the 1992 Final CIOSA Program EIR have been found to be valid and appropriate for use in evaluating the current proposal. The Initial Study has found that there are no new potential significant adverse impacts which cannot be eliminated or mitigated to a level of insignificance. 41 • -9 �5• I1 0 0 n u �J A�' 0 MITIGATION MONITORING PROGRAM SUMMARY CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Aeahetiec/Xi6t and Glare 1. In conjunction with site plan review, the project .proponent shall prepare a detailed temporary grading and land- sape 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. Tanmorhtion/armution 2 The City shall prepare a circulation improvement monitoring program to direct expenditures of funds received under the Development Agreement to make improvemcntsand to monitor the status of those improvements. The list of im- provements 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 man- ner. 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 main- tained. Thereafteq a review of the improvements' priority and implementation status shall be done in conjunction with the Citys 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 MR. s�, Implementing Action Condition of Approval Condition of approval: prepara- tion & review of CMP/GMP/DA Condition of approval Method of Verification Plan check City Council approval Timing of Verification Prior to site plan approval Annual Plan check Prior to recordation of final subdivision map for each parcel with improvements. Responsible Person Planning Dept. plan checker, PB&- R/Building/Public Works Depts. Public Works Director, Planning Director Planning Dept. plan checker, Sub- division Enginecr Cl • Mrll(;NIIUN MONI7170IUNG PROGRAM SUMMARY. rant. CIILCUTATION IMPROVEMENT' AND OPEN SPACI: AGRIMMEW17 Mitigation Measure Implementing Action Method of Verification Tuning of Verification Responsible Person Air 4. All grading related to the project sbatl be conducted Condition of Plan check Prior to issuance of Building Dept. plan in accordance with SCAQMD Rule403. This mitigation mca- approval field inspection grading permits checker, grading sure Shan be made a condition of all grading permits related to inspector the project. S. After clearing. grading, earth moving, or excavation Condition of Plancheck; Prior to grading Building Dept. plan • operations while construction activities are being conducted. approval field inspection permits checker; grading fugitive dust inn" n Shan be controlled using the fotlaving inspector procedures • Graded sections of the project that will not be fur- therdistorbed orworked on foriong periods of time (three months or more) shall be seeded and watered or covered with ptM;c sheetin(to retard wind ero- sion. • Graded sections or theproject which are undergoing further disturtnnce orconstroction activities shall be sufficiently watered to prevent esesave amounts or dust. These mitigation measures shin be spade a condition of all geadirrg permits related to the project. 6. Daring grading and eonttructious livilies;theappti- Condition of Plan check; field Prior to grading Building Dept. plan east shill further canted fugitive dust emissions using the approval inspection permits checker, grading • following rneastrresc inspector • O"te vehicle speeds on unpaved roads shall be limited to 15-miles per hour. Entrances to an on, site toads shall be posted with a sign indicating the maximum speed nmitt on all unpaved roads. • All areas with vehicle traffic dWI be periodically entered. • Streets adjacent to the project site than be swept as needed to remove silt which may have accumulated MITIGATION MONITORING PROGRAM SUMMARY, cont. - - CIRCULATION 1MPROVEMENTAND OPEN SPACE AGREEMENT " Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person from construction activities so as to prevent accumu. lations of excessive amounts of dust. These mitigation measures shall be made a condition or all Vatting permits related to the project. 7. Office and commercial development on the Corpo. Condition of Plan check Prior to occupancy Traffic Engineer rate Plaza West and Bay View Landing site shall also partici- approval permit for Corporate • pate in the Centerride program currently in operation in the Playa West or Bay Newport Center area. Evidence of intent to participate shall Vim Landing be provided to the City of Newport Beach Building Depart- ment prior to issuance of occupancy permit. & Bicycle racks shall be required in accordance with City ordinance Plan check Prior to occupancy Traffic Engineer the City of Newport Beach Transportation Demand Ordinance. permit 9. Construction of related -frontage improvements shall Condition of Plan check Prior to occupancy Planning/Building include bus turnouts and shelters if determined to be necessary approval permit Dept. plan checkers; and desirable by the Orange County Transit District and/or OCTD; Traffic Engi- the city of Newport Beach. Prior to final design and construe- neering Dept. lion of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine if any bus turrouls or shelters will be required. 10. All development shall include street and security Condition of Plan check Prior to building Planning/Building lighting Can parking lots and pedestrian walkway areas) which is approval permit Dept. plan checkers; energy conserving. A lighting plan shall be submitted for all Public Works Dept. developmentwhich demonstrates compliance with this measure. • The plan shall be reviewed by the Planning Department and approved by the Department of Public Works. It. Residential, commercial and office development shall Condition of be landscaped with an emphasis on drought resistant plant approval 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. R, Plan check Prior to occupancy Planning/Building Permit Dept. plan checkers; Public Works Dept. MTnGAT/ON MONMORING PROGRAM SUMMARY, rant. aRcumnON iMPROYEMENTAND OPEN SPACE AGREEMEW Mitigation Measure 12 The applicant stall ensure that all residential lots and dwellings are sound attenuated against present and pro- jected noise, whiclt shall be the sum of all noise impacting the projext, so as not to erred an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all babiubte rooms. Evidence shall be prepared under the supervision or a 6ry artificd acousiat consultant which demonstrates that these standards will be satisfied in a manner consistent with applicable zoding regulations and sub- mitted as folbwc A. Prior to the recordation of a final tract/pstcei-map or prior to the issuance of Grading Peru% at the foie diseetidn or the City, an Acoustical Analysis Report shall be submitted to the Cdys Advance Planning Manager for approval The report shall describe in decal the eiactior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior nose standards may be included in the report in which case it may also satWy'B' boar. a Prior to the hswnce of any building permits, an scoustial analysis tepott describing the acoustical design features of the structures required to satisfy the exterior and interior raise standards shall be suhniitted to the Advance Planning Manager for approval along with satisfactory evidence which indicates that the sound attenuation measures sped - lied in the approved aeoostical reports) have been incorporated into the desipi of the project. C. Prior to the iatonce of any building permits, all freestanding seoustlnl tarsiers man be shown on the proj=Mplot plan illustrating height, loatiod and construction in a manna meeting the approval of the6tyR Adnaoe Plowing Manager. Implementing Method of Timinyrof Responsible Action Verification Verification Petson Condition of Plan check; Prior to map Advance Planning Approval field testing recordation/grading Monster permits/building permits/occupancy permits • • 4 , • i MR7GAIION MONrrORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure 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 Direc- tor to verify compliance with STC and IIC design standards. 13. All non-residential structures shall be sound attenu- ated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the None 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 incorpo- rated into the design of the project 14. All freestanding acoustical barriers shall be a berm, wall or combination berm and welt. Walls shall not contain holes or gaps. Walk shall be constructed of slumpstone or other masonry material. Final acoustical barrier heights and locations shall be determined when final grading plans are developed shoring lot locations, house/building setbacks and precise pad elevation. 79. At the time specific site plans and grading plans are prepared and submitted for review and approval by the City, the City shall review the plans in conjunction with the environ- mental review process to confirm that the mitigation measures provided will adequately control construction impacts potential- ly impacting the Newport harbor Lutheran Church, especially its pre-school opeations. if necessary, additional conditions related to construction activities may be placed on the project Implementing Method of Timing of Responsible Action Verification Verification Person Condition of Plan check Prior to building approval permits Condition of Plan check Prior to precise approval grading permits Condition or Plan check Prior to site plan approval approval or grading permit 5 Planning Dept. plan checker, Advance • Planning Manager Building Dept. plan checker Planning/Building Dept, plan checkers MMGA71ON MONrfORING PROGRAM SUMMARY, cant. CIRCULATION IMPROVEMENPAND OPEN SPACEAGREEMFNr Mitigation Measure: Implementing Method of Action Verification Timingof Verification Responsible Person 1s-i01011tiot Resosras 15. Pursuant to Section 1601-1603 or the State or Gli- Condition of Plan check Prior to grading Planning/Building fomis Fuh and Game Cade, the G 1brisia Department of Fish approval; Cal. FGC permits for San Dept. plan checkers; and Game shall be notified or any alterations to streambed Diego Creek South, Public Works Dept. babitam The applicant or any summer in interest shall be Upper Castaways, mponaic for notifying the Department or Fish and Game Ncwporter North or regarding aiy grading related to residential development and Freeway Reserva- associated improvements on the San Diego Creek South, Up- tion, or any public . per Castaways, Newporter North, and Freeway Reservation project affecting sites which would alter stteambed habitats. The applicant or streambeds any successor in interest shalt notify the Department of Fish and Game and obtain angnecessary, permit prior to the issu- ance or a grading pera t. Copies or proper notiliation and amessary permits shall be provided to the City of Newport Beach prior to Wramce of a grading permit. The City of New - post Beach shall be responsible for notifying the Department of Fah and Game regarding any grading related to any public improvements (ey tra'k, teereadpeal fw !hies, mad; drainage facilities, etc) in areas desigaated for open space, public facili- ties, and/or parks which would alter streambed habitats. The Cityof Newport Beach shalt notify the Department of Fish and Game and obtain any necessary permits prior to commence- ment or any grading which could alter the sti eambed habitat. The permits issued by the Department or Fah andGame puc- soaat to Sections 1601-1603 may require additional mitigation mcsiata deemed aaessag by the Department. IS Wettand delineation studies In accordance and con- Condition of Plan check Prior to grading Planning/Building junction with the California Department of Fah and Game and appsowal permits for any Dept. plan checkem US Amy Catps of Engineers permitting processes shall be wetland area Public Works Dept. performed for any wetland which will be impacted by grading and eonstroetion artMdes. The applicant or a" successor in interest shall be responsible for conducting the wetland ddin- "tien studies for wetWds impacted by raidential develop - mentor asociatedimproveatants on the Newposter North ant Upper Castaways sites. If residential development or associat- ed imprommeals on the Son Diego Creek South or Freeway Reservation sites encroach into the Bonita Creek wetland, the applicant at arty sweeenor in interest s6W he responsible for conducting the waland*ruwation Andy. 7he6tyor Newport 6 • 0 • MITIGATION MONfI'ORING PROGRAM SUMMARY, ton[. CIRCUTA71ON 1MPROVEMENf AND OPEN SPACE AGREEMENT Mitigation Measure Beach shall be Responsible for conducting the wetland delinea- tion studies forwetiands impacted by any public improvement- s/facilities in areas designated for open space, public facilities, and/or parks which will encroach into wetlands. The studies shall otter at the time specific site plans and grading plans arc available and prior to issuance of any grading permits or com- mencement of grading activities in areas containing wetland habitat. Implementing Method of Action Verification 17. Public use and related facility development for areas Condition of proposed for natural open space and passive park uses within approval; standard the Upper Castaways, Newporter North, Newporter Knoll, Day CEQA compliance View Landing, Preeway, Reservation, and Jamboree/MacArthur sitesshali be designed to be sensitive to existing biological re- sources. To this end, facility plans and public uses for these area shall be prepared in consultation with a qualified biolo• gut who shall determine that such plans and uses do not ad- versely 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, addi. tional mitigation measures shall be adopted. I& Grading, earhmoving, and any related construction Condition of activities related to residential development and associated approval 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, bluff stabiliration or prepara- tion of the development area), stockpiling of soil or operation of equipment shall take place within the bluff -top setback area established by the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of will, 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 or equipment shall take place within the 40 foot property line setback area estab- tithed by the Bluff Top Setback Ordinance except that neces- • Timing of Responsible Verification Person Standard CEOA Prior to approval of Environmental • compliance review public facility plans Coordinator for natural open space/passive park areas Plan check; Prior to grading Planning/Building field inspection permits for Upper Dept, plan checkers; Castaways, San Die- grading inspector go Creek Soulh)Uy • View Landing and Newporter North Mitigation Measure MrIJOATION MONITORING PROGRAM SUMMARY, coot. CIRCULATION IMPROVEMENTAND OPEN SPACEAGREEME 417 Implementing Method or Timing of Responsible Anion Verification Verification Person silly for trail establishment and improvements, erosion eontrot, blurt stabilization, or preparation of the development area: or below the lessor of the 60 Soot elevafion contour or a line 100 feet from a formally delineated wetland in John Wayne Gulch freshwater marsh. Bay VlewlAnding-tagradinystockpiling of soil or operation of equipment shall eneroaeh into the hill- side abae the 2Staot contour of the Inner development area. 19.1 Prior to grading and/or constructing any public Condition or Plan check Prior to Fading Planning/Building faaTity on the San Diego Creek North site which will encroach approval permits for San Dept. plan checkers: into the 014ite freshwater marsh, the City of Newport Beach Diego Creek North ACOE/USFWS/- (or other public agency rapooibk for development of the DFG public facility) sMl approft and begin implementation of a plan which shall offset the loss of wetands. This plan shall re- new an mitigation requirements of anyslate or Federal agency paving jurssdictios over the arcecea wctlandc Offset: shaft be achlen,d by either creating a new freshwater marsh on -silt or enhancing and expanding an existing freshwater marsh in or near the San Diego Creek and Upper Newport BayEeologieal Reaeevva 2D. Prior to grading and/or contracting any residential Condition or Plan check Prior to grading Planning/Building development or associated improvement on the Upper Cast- approval permits for Upper Dept plan checkers: away a site which win encroach into the on -site freshwater Castaways ACOE/USFWS/- marsh, the applicant or successor in interest shall prepare and DFG begin impiemealation of a plan which sbal offset the toss or wellunds, This plan sluts releet all mitigation requirements of any slate cc Federal agency having Jumdietiou over the affect- adwrIbmdL offsets shadbesehkvcdbyeither creating anew freshwater marsh o"te or enhancing and expanding an exist- ing freshwater marsh in or star the Upper Newport Bay Eco, logical Rearm A copy Of the plan and all related permits shall be presented to the City of Newport Beach prior to issu- ante of a Fadintprmtit 21. Prior to Fading and/or constructing my residential Condition of Plan check Prior to grading Planning/Building development or anaisted imptwemcnt on the Newporter approval permits for Newpo- Dept. plan eheckerg North site which will encroach into the ort+lte fraM.ater rterNorth ACOE/USFWS/- marsh, the applicant or successor in interest shall prepare and DFG begin implementation of a plan which shaft offset the toss of wetlands. M& plan aim reflect all mitipelon requirements of MMGA71ON MONUORiNG PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure any State or Federal agency having jurisdiction over the affect- ed wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site -or enhancing and expanding an exist- ing freshwater marsh in or near the Upper Newport Bay Eco- logical Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issu- ance of a grading permit. 22. Development on the San Diego Creek South site shall be designed so as to =do= the amount of light and glarc which could potentially spill over into the wetland habitats of Bonita Creek and San Diego Creek and which could also im- pact the functioning of these creeks as wildlife corridors. This can be achieved by a variety of means including a combination of sensitive siting of lighted buildings; use of lighting systems which conceal the light source and minimize light spillage and glare; screening walls/berms and dense landscaping along the edge or -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 spe- cies 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 shalt 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. Implementing Action Condition of approval 23. Prior to commencing grading, all wetlands habitat in Condition of area intended for preservation shall be temporarily fenced. approval This measure shall pertain only when grading, stock -piling, or other construction activities are proposed within 1o0 reet of the boundaries of the wetland arcs. 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. 0 Method of Verification Plan check Plan check Timing of Verification Prior to building permits for San Diego Creek South Prior to grading permits for any development within 100 feet of a wetland area 11 Responsible Person Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers Grading Engineer • • MLfIGATION MONIrOR1NG PROGRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACC• AGREEMENT Mitigation Measure 24. This menus: shall apply to the Newporter North, Newporter Ynotl, Bay Vier Landing, Upper Castaways, San Ditto Creek South and San Diego Creek North sites. Rcve- getation-or cut and fill slopes, bluff stabilization/remediation areas, fort modification zones and other graded areas adjacent to existing setaltive habitat arras (e g. at the edge of dirmtop- meat of residential, politic facilities, or recreational areas) shall be accomplished vrith plant palettes containing ptedominantly native sI I Steeper slopes (grater than 2:1) shall be me - plated with a manure of coact sale scrub species including California sage bttub which now dominates coastal sate scrub rued by California gatatchea Portions or more level areas AMU be teveptaled with species Or native perennial grasses in an attempt to establish native grassland. An expert in land- scape mt:tetation, vdto is knowkdlable And qualified in na- tive plant mixtures shill provide consultation into the prepara- tion of kvndsapeplans to ensure that this measure is complied with. Landscape plans shall be approved by the City Planning Department prior to issuance of bttnlding permits for private development or commencement or trading for public facilities and public rmationd uses. 25. All tton-cmetgency grading misted to bluff stabili- ration/remedlation on the Newporter North and Day View Landing sites shall otter during the non-bmcdmZ season for the California gatatcher. The son -breeding season is from August 1 to January 3L 73. prior toappernlorsite plans orsubdivision and/or City approval of a pack development plan (whichever comes fiat), the City shall retain At biologist to further assess the potential for human and pet iattusioa into the coastal age scrub hAbitat supporting the California gatatcher population. Tltie Assessment shalt be at the cost of the developer if related to site plans or subdivision, or At the Coat of the City if related to the pack development plan. If the level of expected intru- sion is considered to be of auffaiat magnitude to significantly impact the Cafifomia gnatatcher populations on site, rnitip- tioe measures shall be designed and placed as -conditions on the project to sedace the impact to the execs feasible. Such drugs and operational measures could Waft perimeter feoa implementing Action Method of Verification Timing of Verification Responsible Person Condition of Plan check; submittal Prior to building Planning/Building approval if biological report permits for private Dept. plan checkers by applicant development or prior to grading for public facilities adjo- c nt to sensitive habitat areas In Newporter North, Ncwporter Knoll, Bay View Landing, Upper Castaways, San Diego Creek North or San Diego Creek South Condition or Plan check; Prior to gradint Planning/Ilrilding Approval inspection permits for Newpo. Dept. plan checkers; rter North or Day grading inspector View Landing Condition of Plan check Prior to site plan/ Planning/Building approval tentative map or Dept plan checks= park development plan approval Mrf1GATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPFN SPACEAGREEMWr Implementing Method of Mitigation Measure Action Verification Timing of Verification Responsible Person ing, homeowner and community educational programs about the potential impact of cats on wild birds, programs for tap. ping and removing problem animals. 81. The City of Newport Beach shall consult with the Condition of Plan check Prior to final design Planning/Building Transportation Corridor Agency prior to final design and ap. approval approval for any Dept. plan checkers; proval of any public facility or rcc, ationat facility on the San public or recreation- Public Works Ditec- Diego Creek North site to determine feasible design and land. at facility on San tar scaping measures which will avoid interfering with the viability Diego Creek North of the San Diego Creek Northern Marsh Creation site as wild. life habitat. If the Bayview Way extension is not extended across the site, a landscaped buffer area will be provided be- tween any recreational or public facility uses and the Marsh Creation project site. 82. At the time of adoption of a parcel/subdivision map Condition or Plan check Prior to tentative Planning Dept. plan for the San Diego Creek South Site, the property line/develop- approval map approval for checker, Subdivision ment area boundary shalt be established at a minimum of 20 San Diego Creek Engineer feet from the toe of the existing slope adjacent to Bonita South Creek. This distance, in combination with the required build. ing setback of 5 feet, will create a minimum 25 foot buffer from Bonita Creek. 83. The precise details ofanyrevegeation/replacement Condition of Plan check Prior to site plan Planning Dept. plan program will be developed in conjunction with review and approval; CEOA approval or grading checker, Environ- approval of design and galling plans when the exact nature compliance permits mental Coordinator and extent of impacts are known. Any such programs will be subjected to full environmental review pursuant to CEQA. Consultation with all interested and affected resource agencies will occur as part of formulating and evaluating revegetation programs_ Given recent successful revegetation program in Orange County, such as those conducted in Crystal Cove State park, it is fully reasonable to expect that a properly prepared revegetation program will be successful in mitigating impacts. , • • MMGAMON MONffORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENiAND OPEN SPACE AGREEMENT Mitigation Measure Implementing Method of Action Verification Timing or Verification Responsible Person $4. Prior to the issuance or a grading permit for the Condition or Plan check Prior to grading Planning/Building Newporter North site, the project proponent shall contribute approval permits for Dept. plan checkerr, up to 310ADD to Complete an Upper Newport Day Coyote Mo- Newporter North USFVS nitoring Study, to be conducted under the direction or the U.S. Fab and Wildlife Service. The study shall be completed prior to the commencement or gmdirt& The study shall include gatheringdas to establish apre-enstruction baseline measure- ment of the number and frequency of coyotes using the lower Ift portion of Upper Newport Bay In the vicinity of the Newporter North sits Jr. after commencement of construction, it is demonstrated by the U.S. Fah and Wrldhfe Service that tbae has been a signifi- cant decrease in the population of coyotes in the vicinity or the Newpoeter North Site, due solely to development of the site, and, this decrease in coyote population has had a detrimental effect on sensitive bird species in the arcs, the project propo- nest shall contribute up to USPW toward an animal manage - went program to be administered by the Resource Agency managing the Upper Newport Bay Emlogiol Reservc, Earth Itmrm In I" pad scinuckity 26 DUBOW four stories in height or higher shall be Condition of Plan check Prior to building Building Dept. plan "grand in accordance with requirements for scwnicmne4as approval permits for any checkers outlined in Chapter 23 of the Uniform Building Code and/or structure of 4 or with the benefit cif a site speciGeseisrnie ground response spec, more stories trust study which would be prepared by the project gmtechn- ieal 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 or the Huild'mg Department prior to hansom of a building permit. 27. Buildings less than four storks In height shalt be Condition of Man check Prior to building Building Dept. plan designed by a Structural Engineer in accordance with UBC approval permits for struo checkers Chapter 23 requirements for Sehstk Zone 4. Non -critical tarn with fewerthan structures shop be deoigroed towithstand strongground shaking 4 stories Mat sway atmmpany a masimum pcob" earthgwke along ' , 12 MITIGATION MONITORING PROGRAM SUMMARY, cont. _ CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person the Newport -Inglewood Fault. Critical structures (i.e., hospi- tals, fire/police facilities, schools, etc) shall be designed to withstand strong ground shaking associated with a maximum credible earthquake on the Newport -Inglewood Fault. Struc- tural plans, inctpding seismic design calculations/parameters, shall be approved by the City Building Department prior to Issuance of building permits. 2& 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 topof--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 gcotechnical 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 Depart. ment prior to the issuance of grading permits. Grading and building plans shall reflect the recommendations of the evalu. ation 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 Faulty have been identified (Bay View Ianding and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the fu- ture. The.smdy shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to ap. proval of a tentative tract map or grading permit whichever comes first. Grading and building plans shall reflect the rec- ommendations of the study to the satisfaction of the Building Department. Condition of approval Condition of approval 13 Plan check Plan check Prior to tentative map approval or grading permits Prior to tentative map approval or grading permit Building Dept. plan checkers Planning/Building Dept. plancheckers • MrrIGAMON MONUORiNG PROGRAM SUMMARY, rant. CIRCUTAMON IMPROVEME NrAND OPEN SPACE AGREEMENT Implementing hlethodof Trmingof Responsible Mitigation Measure Action Verification Verification Person Liquefaction 3U. Sites where the potential for liquefaction has been identified, oranyotbersite where the potentiaTfor liquefaction may be encountered during subsequent imestipt;ons, shall be furthere+alwtedbyageotethaktI onsultant. TLeewivation shalt include subsurface investigation with standard penetration testing or other appropriate mesa of analysis for 1'rquefadion potential. The project geotedmial consultant shall provide a statement cvnceming the potential for liquefaction and its possible impact on proposed development. If nece=ry, the geoledmi al consultant shall provide mitigation measures which could include mechanical deasiGntion of liquefabte layers, dc"tering, fill surcharging or other appropriate measures. The Geaechnicat Consultanft report shall be signed by a Certified Engineering Geologist and a Registered Civil Engi- neer and shall be prepared to the satisfaction of the Building Department prior -to issuitace of Grading Permit. Grading and Wilding plans shag reflect the rtsommendatpas or the study to the misriction or the BuOding Department. Erasion 31. Any nrmary diversion device; catchment devicet. orvebeity reducers shalt be inrorporated into the gadintplaa and apvroved-by the City Grading Engines prior to issuance oftradintperWts. ]iertta orodw catchment devices shall be incorporated into the grading purrs to dived sliest Rai sunoff away from area which have been stripped of natural vegeta- twn. Velocity reducers d M be hw0q n tcd into the design, especiallywbm, drainage devices exit to natural gourd. Condition of approval Condition of approval 32. All rill slopes shall be properly Compacted during Condition of grading is conformance with the City Grading Code and veil- approval red by the project Geotechnicat Comultsat. Slopes shall be planted with vegetation upon conviction of grading. CAnfor- mum with this meagre shall be verified by the City Grading Engineer prior to the ]trance of oceupancy peranits. 10 Plan check Plan check Plan check Prior to grading permits Prior to grading permits Prior to grading permits Duildng Dept. plan checker Building Dept. Puts checker Building Dept Pun CMeker 0 .0 Mitigation Measure MMGATION MONITORING PROGRAM SUMMARY, cons. CIRCULATION IMPROVEMENT AND OPEN SPACE AGRE-EMENr Implementing Method of Action Verification 33. Berms and brow ditches shall be constructed to the Condition of satisfaction and approval of the City Grading Engineer. Water approval 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 Condition of artificial substances shall be recommended by the project land- approval sape 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 con- trol 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 mini. mize surface runoff over the bluff faces. The project Geot- echniai 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 losabliity 36. The project geotectQcat consultant shalt review the tentative tact map and grading plan for each site and prepare a report addressing sit salient teotechnial issues rotated to bluff and slope stability of any existing bluff or slopes These 'om Condition of approval Condition of approval i5 Plan check Plan check Plan check Plan check Timing of Responsible Verification Person Prior to grading permits Prior to grading permits Prior to tentative map or site plan approval for Upper Castsways or Newp. oiler North Prior to grading permits Building Dept. plan checker Building Dept. plan checker Building Dept. plan checker Planning/Building Dept. plan checkers r-I L • mr=A71ON MONUORING PROGRAM SUMMARY, cant. CIRCULATION iMPROVEMENrAND OPO4 SPACEAGREEMENr Mitigation Measure reports shall include: 1) detailed analysis of field data including surface and subsurfacegeologial mapping; 2) laboratory test• ing results; 3) stability analysis of existing bluffs and proposed slope$ as illustrated on the tentative tract map or rough gcad- ingptan; 4) Conclusion S) recommendations for mitigation of any identified unstable bluffs or slopes and/or for additional investigation. TMse stposts shall be signed by a Certified Enjawring Gooto& and a Registered Civil Engineer and shall be completed to the saWntion of the City Grading Engi- aeer prior -to ismance of a grading permit. Implementing Method of Timing of Responsible Action Verification Verification Person 37. Prior to the i rusnce or grading permits, the Project Condition or geotechnial consultant and/oreivil eagineershall makewritten approval recommendations for manufactured slope stabilization includ- ing, but aot fini ted to, Mrltressiay rock bolting, grouting, slope Vadieat laybocks, or rcoth ingwal6. All necessary, retommen- datrons shall be included in the grading plan to the satisfaction of the 6ty Grading Engineern, 3i Zbough the City has established a Bluff Setback Condition or Criteria for development on the topof-bluff (Development approval MkID2b.1 of the Newport Beach General Plan, January 21, IM, and Newport Beach Municipal Code section 20.151.O80), the City minimum setbatim may not necessatity be adequate from a geotechnial viewpoint concerning bluff/slope instabli- ty. Prior to issuance of grading permits, appropriate sate bluff top setback reco mendation% shall be determined by the pro- jW Geoterhaiat Cgnsuttant based on the evaluation required by Mitigation Meamm, 3 to the satisfaction of the City Grading ngtneer. 39. During grading a geoechercal consultant shall mon- Condition of her grading operations to ensure, that recommendations for approval slope instabrTiry, mitigation ate implemented. Additionally, the gewarissiat conWtant shalt evaluate slopes as they are graded through geologic mapping and analysis to ensure that no unan- ticipated condition are present. Slope stability mitigation recommendations may require modification during grading. Comptisam with this measure shall be verified by the Building Department. Plan check Prior to grading Planning/Building permits Dept. plan checkers Plan check Prior to grading Planning/Building permits Dept. plan checkers I* Field inspection Duringgading Grading inspector 16 , MITIGATION MONITORING PROGRAM SUMMARY, cons. CIRCUTAMON IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure 40. Prior to issuance of building permits, the gcotechn- fcal consultant shall prepare a Rough Grading Report and As - Graded Geotechnical Map for each graded site at the comple- tion 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 ade- quacy 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 appro- ved by the City Grading Engineer. CompressiNe/Collepabk Sao 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 ap- proval for the site -specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recom- mendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could Include: removal and recompaction of identified compressi- ble/collapsible zones, fill surcharging and settlement monitor- ing, 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. Evensive/Corrosive Sail 4i Written recommendations for the mitigation of ex- pansive and corrosive soil potential for each site, shall be pro- vided by the project corrosion consultant, geotechnical consul- tant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and VC) subsurface mapping, laboratory testing and analysis and shall Implementing Action Condition of approval Condition of approval Condition of approval t-k 17 Method of Verification Plan check Plan check Plan check Timing of Verification Prior to building permits Prior to grading permits Prior to building permits Responsible Person Planning/Building Dept. plan checkers • Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers • MITIGATION MONITORING PROGRAM SUMMARY, Cont. ORCUTA73ON IMPROVEMENT AND OPI7v SPACE AGREEMENT Mitigation Measure be incorporated Into final building plans prior to issuance of building permits. lire gcoteclrnial eomultanPs site specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and snap be approved by the City Grading Eagineer. No rSarfsoeGsoradwala 43. Theptojcet geotechnialcduultant and/orcivRengi- neer shall prepare written sitaspedriie reviews of the tentative tract maptand graaingplans addrestingall salient geotechnial issuer, including groundwater. Tbese reports shall provide Endings, conclusions and recommendations regarding naraur- face gtoundwsterand the potential forartifiaallyinduced gmu- adwater as a result of future developmart, and the effects goundwater rosy bane on existing or future bluff; slopes and VmK,vret. The reports stuff also address the potential for ground subsidence an the, sites and properties adjacent to the sites if de+ntering Is r comme ided. The geotechnial consul- tant and/orcivil engincefs repen snap besig ed-bya Certi- fied Engineering Geologist and Registered Civil. Engineer and shall be canpWcd to the satisfaction of the City Grading Engi- " er prior to issuance of a grading pemdt. All recommenda- tions of the reports sbsn bcioomporated into the grading site, and building design to the satisfaction of the City Grading Engineer and City Engineer waterQasliey 44. Prior to the ismance of grading permits, the appli- ant shall provide to the Building and Public Works Depart - meats haul mute puns that include a description of haul routes, access points to the sites and watering and sweeping program designed to mintmine impsets or the haul operation. Theso plans shall be reviewed and approved by the Public Weeks Department. Copies of the plan dial be submitted to the Cdyh Planning Department: Implementing Method of Trmingof Responsible Action Verification Verification Person Condition of Plan cheek Prior to grading Planning/Building approval permits Dept. plan checkers; City Grading Pngi- mer, City Engineer Condition of Plan check Prior to grading Planning/Building approval permits Dept. plan checkers; Public Works Direc- tor 11 MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT' Implementing Method of Timing of Responsible Mitigation Measure Action Verification Verification Person 45. Prior to the issuance of grading permits, the appli- cant 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 area% wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revcgetation or construction. b. Air -home and vehicle -borne sediment shall be mn- trolled during construction by. the regular sprinkling of exposed sofIr, and the moistening of vehicles Iosds. 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 onaite shall be protected from traffic by the use offences. If ap• propriate, buffer strips or vegetative filter strips, such as tall stands of grass, an be used as an alter- native and/or supplementary method to protect against sediment buildup. 46. Prior to the issuance of grading permits, the project geotechnial consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed stop" 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 attivitiet 47. The applicant shall provide a temporary gravel en- trance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance or grading permits. To reduce or eliminate �i Condition of approval Condition of approval Condition of approval 19 Plan check; Geld inspection Plan check; field inspection Plan check; field inspection Prior to grading permits Prior to grading Permits Prior to grading permits Planning/Building Dept. plan checkers; grading inspector Planning/Building Dept plan chcckerr, grading inspector Planning/Building Dept. plan checkers; grading inspector 11 • MITIGATION MONfrOIUNG PROGRAM SUMMARY, rant. QRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure Implementing Action Method of Verification Timing or Verification Responsible Pawn mud and sediment carried by vehicles or runoff onto public tights -or -way, the gavel shall cover the "tire width of th"n- tramej and its length shall be no less than fifty feet. The en- trance plans shall be reviewed and approved by the City Erie - ricer and Grading Engineerconarreat with rtviewand approv- al of gading plans. 4L The applicant shall construct filter berms or other Condition or Plan cheek; Prior to trading Planning/Building approved device for the temporary gavel entrance. TTe bemms approval field inspection permits Dept. plan checkers; shalt consist of a ridge or gavel placed across graded right -of- grading inspector ways to decrease and filter runoff Duch white permitting con- struction traffic to continue. The location of berms shalt be incorporated into gadiDtPkU prior to the issuance or grading permits. The plans shall be. reviewed and approved by the City Grading Eeglaeer. 49. Daring gadiagand construction, the applicant shall Condition or Plan check; Prior to grading Planning/Building provide a temporary sediment basin located at the pant of approval field inspection permits; during Dept. plan checkers gratest lwnorr from any comtactiar area. The location a grading grading inspector this basin shall be incorporated into grading piarss. It shall consist of as embankment or compacted soils across a drain- age. The basin shalt M be looted in an area when its failure would lad to a loss or fire or the tots of service orpublic utili- ties or roads. The plan shall be reviewed and approved by the city Grading Engineer. 74. hierto hipsmosofgotfingpirmits,theappriantor Condition of Plan check field Prior to grading Planning/Building success" in interest shall pstpam is plan for approval by the approval inspection permits Dept. plan checkers Cry of Newport heath Grading Engineer for the control of City Grading Emgi- accidental apigr, litter, and solid watt dispaal during grading near, grading/bu0- and eomdr ction. E idingpolicies apt standards of the Cityof ding inspectors Newport Beach and Piste Deprtment shall be incorporated. The pion shall be implemented as necessary during grading and eoWruciion adivitla. 75. Any recorded CClRsshall Incorporate mandates to Condition of Plan check Prior to on: aq Planning/Building: the Homeowners Associationsi commercial properties manage_ approval permits Dept plan checkers went and apartment management companies regarding; - Irati7mcr/Pestrade/iksbrede maaage- mat ptactfces 20 A ' tT� - MRIGATION MONrrORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Implementing Method of Timing of Mitigation Measure Action Verification Verification Responsible Person - - Irrigation Management Practices - Street sweeping requirements: vacuum truck, fall cleaning, etc - Signage and catch basin stencil mainte- nance. - Annual distribution of informational bro- chures (see Mitigation Measures #77). These mandates shall be reviewed and approved by the City of Newport Beach prior to issuance of occupancy permits. 76. The City of Newport Beach, homeowners associa- Condition of Plan check; field Prior to tentative Planning/Building lions, and commercial and apartment property management approval inspection map or site plan Dept. plan checkers, companies shall maintain legible stenciling on any catch basin approval Public Works impec- that they maintain. Stenciling shall use selected letters and/or for symbols approved by the City of Newport Bach notifying the ruder that the catch basin drains to the Newport Day and to warn against dumping, 77. Brochures (such as the Wonpoint Source Pollution' Condition of Plan check Prior to occupancy Planning/Building brochures published by the Orange County Flood Control approval permits Dept. plan checkers District) shall be distributed at the time of initial sale or lease of residential and commercial properties. These brochures shall include a discussion oft - Impacts of improper solid waste practices and littering. - Proper use and management of fertilizers, herbicides and other harmful chemicals. • - Impacts or dumping oil, antifreeze, pesti- cides, paints, solvents, etc into storm drains. - Effective housekeeping practices such as use of biodegradable cleaning compounds and adsortictim - Benefits or preventing excessive erosion and sedimentation. - Benefits of proper landscaping practices - Benefits of minimizing non-stomrwater runoff or adverse impacts of over -irriga- tion. 21 MMGKflON MONfrORING PROGRAM SUMMARY, coot. CIRcutATION iMPROVEMEISrAND OPEN SPACE AGRFYMENr Mitigation Measure Thesebrochuresshall be reviewed and approved by the City or Newport Beach prior to issua= or occupancy permits. Implementing Method of Timing of Responsible Action Vcsili ation WriGeation Person a Prior to istwnce of a grading permit, the master Condition of pions or water, sewer and storm drain facilities shall be ap• approval proved by the City Engineer. Any systems shown to be re- quited by the review Shall be the responsibility of the derelop- e , unless otherwise provided for through an agreement with the property owner or serving Agerry, tyttaat Resources Ar3aedop ALLPROJECrSrMi SL All sites shall be mitigated pursuant to Council POli- Condition of cy". VjbcMfurther testingorsalvageisrequitcd,the appli- approval ant shalt select a Gryapproved gaaPfied archaeologist to eaarate a sampk of the sits All testing and salvage shall be conducted prior to iscium c of grading permits or use of an area for recreational purposes. A written report summatiring the findings of the testing and data seoo" program shall be aubmined to the PWniag Department within 90 drys of the completed data recove7 PIPSnIft 52. The applicant sw donate an archaeological materi- Condition or at, biuorie, or prehloorici recovered during the project, to a approval loot institution which has the proper facilities forcuation, dis- play and study by "Tidied scholars. All material shall be tanafeered to the approved racility aft" laboratory analysts and a ..pat have been completed. The appropriate local inatttution shall be approved by the Planning Department bated as a ,tcommnrdatton from the "lifted archaeologist. 51 Amy eaaraliat or a she Itrded within the Coastal Condition or ROM of snore than two surface metes or dirt obit require ■ approval Plan check Prior to grading Planning/Building permitt Dept. plan checker; • City Engineer Plan check Prior to grading Planning/Building field inspection permits; during Dept. plan checkers; grading Vadbmg inspector Review by atchaeof- Prior to building Planning/Buildint paled monitor permits Dept. plan checkers Plan check Prior to grading planning/Building permits Si MITIGATION MONITORING PROGRAM SUMMARY, cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure coastal development permit prior to commencing the excava- tion. 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-OraA9 and CA-Ora-186 on the Upper Cast- aways 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 signifiance. The methodology of the test excavation shall re- flect the recommendations contained in the Cultural Resources report prepared for this Program EIR. A report shall be pre- pared detailing all findings and recommendations and submit- ted to the Planning Department within 90 days of completing tat excavations. BAY VIEW LANDING Implementing Action Condition of approval 55. Prior to issuance of a grading permit, CA-Oa-1098 Condition of shall be surface collected and subjected to test excavations by a approval City approved archaeologist to determine site integrity, extent and sipffici ice. A report shall be prepared detailing all find- ings and submitted to the Planning Department within 90 days of completing test excavations. 56. Prior to grading for the new park, the project spon. Condition of sor shall retain a City apprised archaeologist to conduct a approval surface collection and subsurface ten excavation of CA-Ora-66 to determine site extent, integrity and signiHance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excava- tions. 57. Prior to grading for the view park, the project spon- Condition of sor shall retain a City approved archaeologist to place a test approval unit on top of the knoll on the Bay View Lnding site in the 23 Method of Verification Plan check Plan check Plan check Plan check Timing of Verification Prior to grading permits on Upper Castaways Prior to grading permits on Bay View lending Prior to grading permits on Bayview lending Prior to grading permits on Bay View Lnding Responsible Person Dept. plan checker; Coastal Commission Planning/Building Dept. plan checker Planning/Building Dept. plan checker Planning/Building Dept, plan checker Planning/Building Dept. plan checker 11 C, J MMOAMON MONUORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVLMENTAND OPEN SPACE AGREEMENT Mitigation Measure area containing nletl natter, to determine if the sheet is tcpre- sentative ores subsurface arctueotogical deposit. A report shall be prepared detailing all finding; and submitted to the Plan- ning Department within 90 days of completing the test exca- vation. NBWPORTERNORTH Implementing Method of Timing of Responsible Action VeriGation Verification Person 58. Prior to the use or development of the open space Condition of areas forpossiverecreational uses, CA-Omd1 and CA.Ora-518 approval on the Newporter Nook site shall be surtax collected and sub- jected to test es i vatiars to determine site extent and signif- icance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of com- pleting test excavations. 59. Prior to the issuance or a grading permit, the appli- Condition of ant shall eoaduet a surface collection Of the Casten a»nsion approval or GOm-1W which would be impacted by grading and/or development or residential uses. The surface mnection shatl be conducted by city approved archaeologist. A report shall be peepared deWlint all findings or the surface eolkrtion and submitted to the Plamdng Department within 90 days of com- pkting the surface collection. ISM Prior to the Lsuarce or grading permits, the appli. Coodition of cant al" rot I I a data recovery or program CA-0rad4 on approval the Newporter North site- The pietism shall be conducted by a City approved ardwologist. A report shall be prepared detailing all findings and submitted to the Planning Depart- ment within 90 days of completing the data recovery program. 61. Prior to issuance of a grading permit for residential Condition of developmcntoranybluKstabBirnion.aq%Wified archaeologist approval n1u i review gadingand draiage plans to determine if these are any indirect or diseet Impacts to CA-0ra-51, S2 and 518. If Impactsarcidentified, test eaavatmoa shall be conducted to detcsminesiteutem,integtityamdsipdGnnte. Amportshaq be Prepared detailing all findings and submitted to the Plan- ning DepartmeaswitAhr 90 days oreompletiag test sacavatfons. 24 Plan check Prior to gang Planning/Building permits for open Dept. plan checkers space areas on Ne- vporter North Plan check Prior to grading Planning/Building permits as Newpo. Dept plan checkers rter North Plan check Prior to grading Planning/Buitding permits oa Newpo- Dept plan checkers rter North IS Plan check Prior to grading Planning/Building permits an Newpo- Dept. plan checkers rter North MITIGATION MONITORING PROGRAM SUMMARY, rant. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure 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 tut units placed on the hill to determine site significance and bound- aries. One unit shall be plated in the recorded area of CA- Ora-50 to determine if a portion of the site still exists. A rc- port shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing surface collection tea excavation. BLOCK 8W 63. Prior to the issuance -of a grading permit a qualified City approved archaeologist &ball conduct a surface collection of CA-Oa-136 on the Block SW site and subject the site to test exavattons to determine site extent and significance. A test unit shall also be placed in the northern portions of the parect to determine if a sub -surface midden is under the as. phalt and trash. A report shall be prepared detailing all find- ings and submitted to the Planning Department within 90 days of completing test excavations. CORPORATE PIATA WEST implementing Action Condition of approval Condition of approval 64. Prior to the issuance of a grading permit, a City ap- Condition of proved qualified arehacotogist shall dig pat holes in the areas approval containing surface shell on the Corporate Plaxs West site to determine if the shell represents subsurface archaeological deposits. A report shalt be prepared detailing all Endings and submitted to the Planning Department within 90 days of com- pleting sub-sudace testing. 65. Prior to the issuance of grading permit, the surface Condition of ncar the southern section of the property shall be examined by approval a City approved qualified archaeologist after removal of brush and prior to any ground disturbatim A report shall be pre- 25 Method of Verification Plan check Plan check Plan check Plan check Timing of Verification Prior to grading permits on Newpo. rter Knoll Prior to grading permits on Block 800 Prior to grading permits on Corpo- ate Plaza West Prior to grading permits on Corpo- rate Plaza West Responsible Person Planning/Building Dept. plan checkers Planning/Building Dept. plan checkers Planning/Building Dept, plan checkers Planning/Building Dept. plan checkers • MMGATION MONrrORING PROGRAM SUMMARY, cant. CIRCUTAMON iMPROVEMEJf AND OPEN SPACE AGREEMENT Implementing Method of Timing of Responsible Mitigation Measure Anion Verification Verification Person pared detailing all findings and submitted to the Planning De- partment within 90 days of completing the surfs= examination. FREEWAY RESERVATION 66 Prior to iavance of a grading permit for the north- Condition of Plan check Prior to grading Planning/Building em dexiopment area (Lot 2)6 a City approved qualified ar- approval permits on Lot 2 of Dept plan checkers chacotopst shall eromine the surface of area previously Wend- Freeway Reserntiot fled s CA-Ora-216. The examination shall be conducted after removal of brush but prior to grading: A report shall be pre- pared detailing all findings Rod submitted to the Planning De- partment within 90 drys ofeompleting the surfs« examination. Paloomoba Sf. Prior tothem Issuance ofgrading pemuts,acollection Condition of Plan check Prior to grading Planning/Building plan shall be preps: ed and implemented byes City approved, approval permits on Bay Vciv Dept plan checkers qualified paleontological monitor for known exposed fossil Landing. Newporter localities on Bay View Landing Newpoter North, and Upper North and Upper Castaways. B=M of the small nature of some lmails prescat castaways In then lode units, matrix samples shall be collared for pro- cessing through rant mesh screech The collection plan shall be sevieaed sad approved by the Planning Department bg. Prior to the issuance of grading permits, the appli- Condition of Plan check Prior to grading Planning/Building cam shall make provisions for the preparation and earatiot of approval Permits Dept. plan checkers all tesd6 possibly tecoveted from the sites daring grading. Thissha0 be done in a ttunnu approved by the City! Planning Department 69. Prior to the brats ce: of grading poets, the appli- Condition of Plan check Prior to grading Planning/Building cant slap identify a repositoryappmved by lbe City's Planning app""I permits Dept. plan checkers Department which sball reecire all fowls collected -from the sites A. Cliff faces abog Upper Newport Bay that have Condition of Plan cheek Prior to grading Planning/Building served as a reference section for micro-peleontologial studies appmvd permits affecting Dept, plan checkers should be protected from attention, If bluffs along Newport bluffs Beyaexd to be shered forbhnff aabi6ntion purpose; detailed 26 0 rJ • MMGATION MONITORING PRAM SUMMARY, Cont. CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT Mitigation Measure measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of then efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the compem- tive study and sampling. A report shall be submitted to the Planning Department within 90 days. Public Services and Utilities Law Iafotocrowt 71. The project proponent shall work in conjunction with the City of Newport Beach Police Department to ensure that crime prevention features am 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 develop - merit 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 modifiations, 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 sys- tems 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 -cite development in order to determine the exact necessary modifi- cations or extensions to the existing sewer systems, if needed. NI necessary expansions of facilities and/or upgrades or exten- sions of existingwater systems needed a a result of the project will be the responsibility of the developer, unless current dis- i. Implementing Method of Action Verification Timing of Responsible Verification Person 11 Condition of Plan check Prior to building Planning/Building approval permits Dept. plan checkers; Police Dept. Condition of Plan check Prior to grading Planning/Building approval permits Dept. plan checkers; City Engineer Condition of Plan check Prior to grading Planning/Building approval permits Dept, plan checkem City Engineer 27 0 40 Mitigation Measure MMGATON MONrrORING PROGRAM SUMMARY, rant. CIRCUTAMON IMPROVEMENT' AND OPEN SPACE AGRI:•EMENf Implementing Method of Action Verification trict or Gey polida dictate otherwise. The Plan shall be re- vicwed and approved by the City Engineer prior to issuance of grading Ttftlts- tea V� ft Prior to approval or a site plan review for the Upper Castaways site, the applicant or successor in interest shaft pro- vidt: evideeee that they have consulted with the Newport har- bor Lutheran Church regarding the design of the residential developrnent. Design issues to be addressed indade, but are not limited to: parking; wows, location and piacement of struc- tvm4 dirtetiond sigeage, and Iandseaft M \CTOSMUNK YilL Condition or approval Plan check Timing of Vefation Prior to site plan approval for Upper Castaways Responsible Person Planning Dept. plan checker A UNIT OF TENTATIVE TRACT N0. 1501.1 18.577 AC. 664 LOTS_ AND LOTS A THRU'.F DATE OF SURVEY" JULY 1995 BLOCKi 5350 MODULES: 329 33942 AND 43 .,TRACT NO.�'.1524.3. IN THE.. CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING `A SUBDIVISION, OF PORTIONS' OF PARCELS 2 AND 30 AS: SHOWN ON .PARCEL MAP NO, 94r-196, FILED IN BOOK 287, PAGES 27 THROUGH 31, INCLUSIVE, OF. PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER.OF SAID COUNTY. MDS CONSULTING JULY 19959 GARY W. DOKICH, L.S. 4693 OWNERSHIP CERTIFICATE WE, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVERED BY'THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE. DISTINCTIVE BORDER LINE, WE HEREBY DEDICATE TO THE CITY OF NEWPORT BEACH, AN EASEMENT FOR PUBLIC EMERGENCY AND SECURITY INGRESS, EGRESS AND PUBLIC UTILITY PURPOSES, AS SHOWN HEREON. THE IRVINE COMPANY, A MICHIGAN CORPORATION, DBA COASTAL COMMUNITY BUILDERS BY:' BY: BERNARD A. MANISCALCO JAMES R. CAVANAUGH PRESIDENT, COASTAL COMMUNITY BUILDERS ASSISTANT SECRETARY A DIVISION OF THE IRVINE COMPANY THE IRVINE COMPANY STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON THIS— DAY OF 1995, BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED BERNARD A. MANISCALCO AND JAMES R. CAVANAUGH, PERSONALLY KNOWN TO ME ( OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN. THEIR AUTHORIZED CAPACITIES, AND, THAT BY THEIR SIGNATURE ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY MY COMMISSION EXPIRES PRINT NAME SHEET 1 OF 5 SHEETS ACCEPTED AND FILED AT THE REQUEST OF FIRST AMERICAN TITLE INSURANCE COMPANY DATE TIME FEE $ INSTRUMENT # BOOK PAGE GARY L. GRANVILLE COUNTY CLERK — RECORDER BY SURVEYOR'S STATEMENT DEPUTY I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA; THAT THIS MAP CONSISTING OF 5 SHEETS AND THE TRUE AND COMPLETE SURVEY IN JULY, 1995, WHICH IT CORRECTLY REPRESENTS WERE BOTH MADE BY ME OR UNDER MY DIRECTION; THAT THE MONUMENTS "ARE OF THE CHARACTER AND OCCUPY OR WILL OCCUPY THE POSITIONS INDICATED BY SAID MAP AND THE MONUMENT NOTES NOT REON, AND TH AID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRAC LAND S W OQ GAG GARY W. DOKICH, L.S. 4693 U C n O LICENSED LAND SURVEYOR NO. 4693 J Exp. 9/30/99 z MY LICENSED EXPIRES: 9/30/99 'k Nu.4s93 COUNTY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DATED THE DAY OF , 1995. i I JOHN CANAS, COUNTY SURVEYOR SIGNATURE OMISSIONS: ' PURSUANT TO SECTION 66436 (a)(3) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED. A PERPETUAL AVICAT10N EASEMENT, IN FAVOR OF THE COUNTY OF ORANGE, RECORDED MARCH 17, 1964, IN BOOK 6965, PAGE 721, OF OFFICIAL RECORDS. ( BLANKET EASEMENT ) CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP, AS FILED WITH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH AND THE MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED TO BY THE COUNTY SURVEYOR. DATED THE DAY OF , 1995 DON WEBB, R.C.E. 16791 CITY ENGINEER OF THE CITY OF NEWPORT BEACH REGISTRATION EXPIRES: 6/30/97 CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA ) SS - COUNTY OF ORANGE ) I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AT A REGULAR MEETING THEREOF HELD THE —DAY OF , 1995, AND THAT THEREUPON SAID COUNCIL DID, BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP. WE ALSO HEREBY ACCEPT THE EASEMENT FOR PUBLIC EMERGENCY AND SECURITY INGRESS, EGRESS AND PUBLIC UTILITY PURPOSES. AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436 (a)(3)(A) OF THE SUBDIVISION MAP ACT. DATED THIS DAY OF 1995 CITY CLERK OF NEWPORT BEACH WANDA E. RAGGIO PLANNING COMMISSION CERTIFICATE EXAMINED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH. DATED THIS DAY OF , 1995 KENNETH J. DELINO EX OFFICIO SECRETARY COUNTY TREASURER -TAX COLLECTOR'S CERTIFICATE STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE THERE ARE NO LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES. DATED THIS DAY OF 1995, JOHN M. W. MOORLACH COUNTY TREASURER — TAX COLLECTOR BY: DEPUTY TREASURER — TAX COLLECTOR , i 'JAN.119. 1996. A UNIT OF TENTATIVE, TRACT NO. 15011 TRACT.1 1•�1O.[l3.� SHEET 2 Of 5 SHEETS 18.577AC. 66 LOTS AND LOTS A THRU F IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, ' STATE OF CALIFORNIA BOUNDARY CONTROL AND SHEET INDEX . DATE OF SURVEY i JULY 1995 MDS CONSULTING, JULY 1995, GARY W. DOKICH, L.S. 4693 BASIS OF BEARINGS DATUM STATEMENT MONUMENT NOTES .THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN O.C.S. HORIZONTAL COORDINATES SHOWN HEREON ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), • INDICATES FOUND MONUMENTS AS NOTED. CONTROL STATION GPS NO. 6267 AND O.C.S. HORIZONTAL CONTROL STATION GPS NO. 6249 ZONE VI, 1983 NAD, ( 1991.35 EPOCH OCS GPS ADJUSTMENT ). ALL DISTANCES ARE GROUND, 2" IRON PIPE TAGGED "P.L.S. 4200" OR SPIKE AND WASHER STAMPED "P.L.S., 4206' BEING N. 41'49'45" E. PER RECORDS CURRENTLY ON FILE IN THE OFFICE OF THE ORANGE UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCE, MULTIPLY DISTANCE SHOWN BY. 0.99996785. - 31. COUNTY SURVEYOR. TO BE SET PER PARCEL MAP NO. 94-196, PMB 287 /,27 �, a UNLESS OTHERWISE NOTED. ti ( N 22°06'07' E) ( 8.42') (R=330_00' L_33 gd ,, ,� ? ^ ^ ^ ■ 1" IRON PIPE TAGGED OP L.S. 4200 OR SPIKE AND WASHER STAMPED "P.L.S. 4200" L=57 56' J67� 0'� L�g1ba oo o ^ ^ w ^ TO BE SET PER PARCEL MAP NO. 94-196, PMB 287 / 27'- 31. UNLESS OTHERWISE NOTED. If w If � -' N � g • 2" IRON PIPE TAGGED "L.S. 4693", FLUSH, OR SPIKE AND WASHER STAMPED "L3. 4693", E�- BACK BAY DRIVE ° cu FLUSH, OR LEAD AND TACK, TAGGED 'L.S. 4693" TO BE SET PER TRACT NO. 15222, , - -'i�\(PER PM 94-196) M.M. / ,UNLESS OTHERWISE NOTED. ate. - - �? '\ d� z z aIf I O INDICATES SET 2" IRON PIPE TAGGED "L.S. 4693", FLUSH, OR SPIKE AND WASHER .STAMPED o 'L.S:.4693', FLUSH, OR LEAD AND TACK, TAGGED "LS. 4693" WITHIN 90 DAYS AFTER, THE Z55 Zo a o ZtiR J p1�) ACCEPTANCE OF IMPROVEMENTS UNLESS OTHERWISE NOTED. N 6S00o� z `�M a° z1 SCALE: 1." =200' 16�p� L • z ^ hg 2`'h�'h 3 RPD R-926 A INDICATES SET SPIKE AND WASHER STAMPED "L.S. 4693" WITHIN 90 DAYS AFTER THE oo A) ACCEPTANCE OF IMPROVEMENTS UNLESS OTHERWISE NOTED. 2 w w w w w W v 1 1 1 A ZD 4�j h 2o2h2 31 Nv SET 1" IRON PIPE, TAGGED "L.S. 4693, FLUSH, OR 8" SPIKE AND WASHER, STAMPED "L.S. 4693", FLUSH, OR h off-, o M < cll ti . O+ �° • ) o o . e ` ti° °' ti�ti o LEAD AND TACK, TAGGED "L.S. 4693", AT ALL LOT CORNERS, WITHIN 90 DAYS AFTER THE ACCEPTANCE OF Phil 94-196 ,a/ �//�/ o , , 30 " • N 690p �^ <� o `,., Cu ^ �, < N n; ti � ^ '� `��' � A IMPROVEMENTS UNLESS OTHERWISE NOTED. p�nl o o D ®�D �� ohh/ d-1Z°2314 p, n c vQ v� N R=845A0' L=182,69' ao 21p OF zr cvvmo h z o z"o =� Zvi Z .' �tI 31 p/ \ Op, Z nZu,z� z� PC�d �r ti o a �/ N 7� 09 53 E _ 32 a�� ) 29 00LO T 1 RAD ) 1�/ C , a \ �i2rQLC FOUND LEAD AND" ACK QV�N NOTES ° , W 4/j p0 p 28 .. ��o' d�� i��P� TAGGED "LS 4200 ,QP` PQ �LOT A PRIVATE STREET NOT A SEPARATE BUILDING SITE 1.604 AC:, • `'~ �� ` \ PER PM 94-196 SPN RO E� �GEZ / N 23 34050,00' 33�r�2��P 27 Q 12 11 �\ .E _ i 18 17 16'15 14 13 10 9 �1�p �cj SCR G� LOT B PRIVATE STREET NOT A SEPARATE BUILDING SITE 1 415 AC... \ N 66°25'S4 _ _ - 26 8 �' W r N� p e��C . k LOT C PRIVATE STREET NOT A SEPARATE BUILDING SITE 1.137 AC. 34 7 6 a 2g6'09' 00'E 405�) --- TAD U 19 LOT B �' l� (N 35 0 35 25 5 4109' LOD T I� `� ,e� d=51'0T54' Qaoq� \S��F 96 �� LOT D OPEN SPACE NOT A SEPARATE BUILDING SITE 0.802 AC o R=218.00' L=1E94.55^ \ 36 24 v 20 1 62 61 60 • �6 a`�B� l dS� `off �`°� NO ��9° 1 2�,! �� LOT E OPEN SPACE NOT A SEPARATE BUILDING SITE 2.052 AC. ��, �� , �g�� 54 v 63 59 N 38 3233 W !, :5,2 c?0, , p, FOB Q� �3�r QR LOT F OPEN SPACE NOT A SEPARATE BUILDING SITE 2.252 AC. (,g51L . E �o 21 66 65 64 58 57 4 63.78 \) ) 1 M. / " / o N ' R=38w g00 i 0 37 J 23 w 3 �6'l / e - ( ) MEASURED AND RECORD PER PARCEL MAP NO. 94-196, PMB 287'/ 27 - 31. RaD N�5��0 - 22 4i 52 53 N 41°11'01' W (N 22°44'15' W) 'RPD R N ti 38 SHE = 50 51 54 55 62.03' (RAD 50.00') " S �Er 4 47 48 49 56 2 N 39°00'00' W d=75 09 38 I FOUND 1 IRON PIPE TAGGED HEE7-� A N 35°50'00' W (p=2°O4'09') \ e o 39 S 6,05' 1 118,70' R=125.50 L=164,63 fl�l� a LS 3064, FLUSH. ACCEPTED � 0 46 LOT A S S9, �, pp y7 1 E N 41'35'51' W_ _ 29.97) 6 , ZS� 4c 3p L�OO p F AS MOST NE'LY CORNER OF a � 40 © F • -RAD-59.00' � (R=830A4 L' 1I36F�� 18 • g- CL PARK NEWPORT DRIVE 3 fN PARCEL 1, PMB 61/5. c� 45 N 31°50'00' E N 57040'00' E G H• • r-1 T-TT-I-? �p �, �9'I a - ____(_N 06°41'18' W ) 41 B 46,50' b \� I I i i I T ?�,� pp \l 9 'r. ( RAD) -- / 85,43 N 14 34 21 W tih� \Op�SF7 - RA • 42 N 39°00'00' W a 9,98' 1_i-LL1 / / n 5 �d 'fir, I t')0' N 23'40'00' W W N 54°10'00' E 27,50' 6,02' o� a h Z� .� g N 29°O8'12' W o -DOD �,] FOUND STD CITY OF NEWPORT BEACH WELL MON. W/2" z a°z�y 30,00' 3 43 N 35°50'00' W 1.00' N 51°00'00' E ~ 04 own 16.76 T��Q�� g�22 ! \ �N o N N 54'10'00' E 85.00' 2750' h o q N 16029'27' W I " T \ >�s BRASS CAP AND PUNCH, 1,0' DEEP, PER PM 94-196 1 a� 77. I o 44 h 80.00 I I I / 5 v\o� I\ �435' ti P N 35 50'00' W 83,00 ��q' ? d=21°26'2T _ _ L _i_ 1 J I i TT / sJ s (p°26°49'09')0894,) 52 p0 Fj �! N 45 6'37' W 2.54' PARCEL MAP NO. 94.196 R=30.00' L=11,23 N 3T56 37 W 42.54 d=21°26 27 L- z LOT F 56'17'07' R=165.00' L=168.09' PAto 207 / v 31. N 25°03'3052' �R=40.00' L-14,97' PMB 2 POR71ON PARCEL 2 C ° 51' I p�1D 61/5 N 454000' E 76,87 d=900000 R=25.00 L=39.27 IN 46°29'27' W -rA •i,92�Q�� 6209' W ;poa/ /V 3/ 3 1 ld PO CN PC�L� I �Za 0' W 6g°76s6' nj o M N 4RAD44' W N 46°2927' W 37,98 09, : ' y l`8,00'___ ___880_53' { _ N 46°44'08' V N 59°40 9410' • N69, 4421E ;n/Q Roo N 40°55'51' W - ( N 43'30'33'E �974.62' ) RAD -� I6p ao/� ti ----- (325.57') ( 534,27')-------- _ 19 p 0- RAD BASIS OF BEARINGS o _ - (N 44 --0 F• _l ��z ' E 29 --_ _ - ----- --- --(N 43°30'33' E 859,84') (d=3'S9'12') FOUND PUNCHED 2" BRASS DISK, DOWN 1,3' _ N 41 49 - E 29-- Jam--- 1D o - - - 91927 E�39228' )- - � ------ -- ��', 6 ,40') "oG f �y (R=6016.00' L=418.60'> IN STANDARD CITY OF NEWPORT BEACH WELL MONUMENT V C N q9 j. (R=1600. 00' L=408, 35') '�14 34°4204 Rppp �a ti0 0 _ AT CENTERLINE INTERSECTION OF JAMBOREE ROAD AND E 392,28') -- E r 8. to o �) m 3 , a ( d=14°37' 23') �AN►gORE T 4?, y T o_ c SAN JOAQUIN HILLS ROAD PER RECORDS ON FILE IN FOUND STD. CITY OF a� o� r �� \ pUBUC STREE ) oG J�pOB<'9 Sys �': mpoGp a o o THE ORANGE COUNTY SURVEYOR'S OFFICE. o ^, o o s O 9 2 O O GPS 6249 NEWPORT BEACH WELL a �; 20 " s9 i lti� .,. �f o m!`� J S� o MON. W/2" BRASS'CAP ,Z°�` a 9 9 O pG T'�si r� r sos�0 rg oyAo P AND PUNCH, 1.1' DEEP �o ` ? o �9 �O a, O oG 90�??p s' B oG 90 cr ?y� � �i� z PER PM 94-196 U c rrO P f ��i Aso �L PASs S do 0 9y p o� NORTHING = 2,176,000.233 r f yo 9 `° " EASTING = 6,065,726.664 r� s�'a o 0 'cla 09 �Oc AG� AG�c cr FOUND PUNCHED 2" BRASS DISK IN CONCRETE, OAG ,� �`6O s por, �'frl �oAo< �r opt STAMPED "RCE 12857% DOWN 0.9' IN STANDARD 'yo F1yA c' FO 7 9� G o. '9 CITY OF NEWPORT BEACH WELL MONUMENT AT CENTERLINE y O FAA ��'A INTERSECTION OF JAMBOREE ROAD AND SEA VISTA 'r P B PoF onl r °�r� FOA ly '9,p DRIVE PER RECORDS ON FILE IN THE ORANGE COUNTY SURVEYOR'S OFFICE. GPS 6267 °� /yF` o IyF A �iyAoy A� 11�� 10 ��Al `l96 a NORTHING = 2,172,775.835fl FASTING 6,063,735.789 �� ,9 '11 �9oy r9 2° `' �y x /G v� CURVE TABLE # R L T A 90°00'00' 10.00, 15,71 10,00' B 90000,00, 15.50' 24.35' 15.50' C 22°20'00' 563.50' 219.65' 111.24' D 25*50'00' 496.50' 223.86' 113.87' E 83°20'00" 15,50' 22.54' 13,79' F 96°40'00' 15.50' 26.15' _ G 7°10'00' 279,50' 34.96' .17.50' H 2605'51" 979.50' 35.86'' L7,93' I 14*37'23'. 1600.00' 408.35'. 205,29' A UNIT. OF TENTATIVE TRACT N0. 15011''SHEET 3 OF 5 SHEETS . ,8.577'AC: TRACT'N�. 1-5243 66 LOTS AND LOTS A THRU F. IN, THE CITY OF .NEWPORT BEACH, COUNTY OF ORANGE, DATE OF SURVEY c JULY 1995 1STATE OF CALIFORNIA MDS CONSULTING JULY 1995, GARY W. DOKICH, L.S. 4693 SPIKE AND WASHER STAMPED "LS 4693" TO BE SET PER UR n CU NOo y152p2p2 TRACT 15222, MM LOU/ — N 52°56'09'W un�I�SvGnn1 o u ou 21 p� 47,09' N 38°32'33'W OVO uG0 63,78 N 41°11'0l'W 62,03' I LOT A I N NJ I • N 39°00'00 W 118,70, I RAD w� • ,00' N 41°35151'W 59.00, . pp 6370' • • 29.50' N 4RAD 29. 0' �90 5 4 0 0 ^ N 39 O o 3 S 30 oo'w ° S o w voW RAD -PCC SCALE 1"=40' �oti a� z jo /� ova q 2 0 1 10 0 6 r00 low /v 4 v I¢ o z u� na �� L 00' �23 / Q z z N 57.90,00, 2 z^ I M 2597E 43 95' z b l j32,03' =4 1 L= 46.71, 29,5' 0 4' 45' 00' RAp H ba o �5p0 © Q9 55,00 Pq 0�0p,� 04 N 39.00'00'W 104,72'44,72' 2 0 Z OO R= 560, 00 00'W N 51°00'00' E�L8868' T= 44.43' ]04.721 195.33, 27.50' N 51,020750,'E 90.64' 40,28, ' 7 24 1° ^ N 51°00'00' S9,36' S0.33' z ti 2 .50, 44,31' dv 3 I^� N 39000'00'W 90.64' N 39'00'00' W N 51'0o'00'E N 32°00'00'W l00, RAD 3 PRE W o 14.08' 27.50' Itn I ti 60'9. © Imo¢ ;". 7 h N 3RAD'00'W ti o m z' 5/ n 5 o 0 OJ V 4 0 6 (`lI 26 33 �M � 5' o m Q' o, 0 33, o o N 32°00'00 N^ W ti5' Z N 32• v o m o W 109, 32°20'00' o 00,00'W m e _� o, 04' W l0S'13,o 0 100, n m ti o ' w 2,00, co 58 rn = v 9 34 o W� 55 ti "� _ c R4DN32° by • RAD N 36 42'S6' �� 27.5' 5500' 106,44' _ RAD N 35°30'00"W 103,80' 2 v cu W 100,67' clu 110 c� M o 59 54 �o 10ti ��: 04 cq RAD N 39 z 23'00'W 105,00' RAD N 40°54'00'W 107,79' e3 - p ° RAD N 4l°3T06 Wug 100,70' a 4,34' 04 11 m 60 0 W 53 a Q a RAD N 45°51'00'W 108,47' Q iO Q �11 O Z RAD N 46°31'16'W 100.70' RAD N 46°14'00'W 105,60' ° � � v I1M� R N o n� to O W 12 0 61 Z 52 In � ��01� J� to ,W 106.00' 1 Q • RAD N 52°19'00 10556' t� a Z RAD N 51°2526W 100.70' ° RAD N 51 °42'00'W ° 1 � o N 62 51� 13 W J� c 10 N 51°10'00"W 106.83' r. o °' 200"W 10353 30 '36'W 10078 27 z RAD N 5619 °� RAD N 5l°t �on 63 s y �b � m �Q 14 �� 50 y Ir' 31 'O W 105,96' N Sl°l➢'00,W 10070' Ncoz N 57°10'00" o N 5g° p0 W 10531' p4 co 7;w RAD b CURVE TABLE N 15 64 Z 49 M NO DELTA RADIUS ARC LGT TAN Z 51 3 1 90,00,00, 15.50' 24.35' 15.50' 10054' 28 275 21 RAD N 53°13'00"W 106,39 N 2 83°20'00' 15.50' 22.54' 13,79' N 55°21'14 W °' �..y °` RND = `� RAD N 50°3300 W 103,61 91 3 96°40'00' 15.50' 26.15' 17.42' o j J J 4 7410'00' 279.50' 34.96' 17.50' 6 5' 2°05'51' 979.50' 35.86' 17,93' o 6 9422'00' 422.50' 69,07' 34.61, Lp h t"- Nub 65 7 20°39'36' 90.50' 32,63' 16.50' ' ^ P� V o co 4 8 � o 8 18°30'24' 90.50' 29.23' 14.74' N �J o o 9 5°46'54' 587,50' 59.28' 29.67' ' 10 7°10'00' 22050' 2756' 1381' z N 4T48'00'W ran RAD N 46°49'00'W 105.36' i0 11 2°05'51' 920.50' 33.70' 16.85'. 12 9°04'23' 532,50' 84,32' 42.25' 13 73455'37'• 25.00' 32.26' 18,81' 14 88°37'19', 25,00' 38.0' 24.41' 15 5°42'13' 427.50' 42.56' 21.30' 16 10°59'27' 950.00' 182,23' 91.40' 17 7010'00' 250.00' 31.27' 15.66' 18 14°40'00' 200.00' 51.20' 25,74' 19 5442'13' 400.00' 39,82' 19.93' 20 2405'51' 950.00' 34.78' 17,39' 21 8°53'36' 950,00' 147.46' 73.88' 22 1'01'54' 587.50' 10.58' 5.29' 23 13°28'30' 65,00' 15.29' 7,68' 24 28°37'36' 65.00' 32.48' 16.58' 25 13°39'36' 90.50' 21,58' 10.84' 26 " 7000'00' 90,50' 11.06' 5,54' 27• 0050'24' 627,50' .9,20' 4.60' 28 1.48'46' . 422,50' 13.37' 6.68' 29 3010'00' 563.50' 31.14' 15,59' 30 0°58'00' 563.50' 9,51' 4.75' .31 0'06'00' 496.50' 0.87' 0.43' 32 3454'06' 477.50' 32,52' 16.26' 33 3.57'00' 477,50' 32.92' 16.47' 34 0°55'00' 572.50' 9.16' 4,58' RAD - PCC J RAD N 43°02'00'W 104.63' i0 � o 1a 3 ^' SEE SHEET 4 -N 42*54'54' �Qa 66 ` N _ RAD - PRC IN , Ig,A z U-5 47 o 14 335' 33,5' Asa 41.00' N 35°50'00"W 122,o2? v n o 0 122,021v 35°50'00'W N 54-10,00, f 50' 129,94' 49 220,02, N 750,00,E N 50 00 W 908' 49,pp 2p 7,92' N 4.10,00, 0 40,95, 27,550' f o 0 SEE SHEET 2 FOR BASIS OF BEARINGS, MONUMENT NOTES, NOTES AND INDEX MAP. 0 50' 00' W 8, INDICATES AN EASEMENT DEDICATED TO THE CITY OF NEWPORT, BEACH FOR PUBLIC z 05 EMERGENCY AND SECURITY .INGRESS, EGRESS AND PUBLIC UTILITY PURPOSES. SEE SHEET 4 I • ' J AN 1 9 1996 'A UNIT, or, TENTATIVE TRACT N0: 15011 r'�1 i�'1 NO*'� 152431 SHEET 4 OF_ 5 SHEETS 18.577 AC. 1 RAC 1' 66 1OTS AND, LOTS. A THRU'F IN -.THE CITY. OF NEWPORT BEACH, COUNTY OF ORANGE, DATE OF. SURVEY JULY,'1995 STATE' OF CALIFORNIA MDS CONSULTING JULY 19950 GARY W. DOKICH, L.S. 4693. SEE SHEET 2 FOR BASIS OF BEARINGS, MONUMENT ,NOTES, NOTES AND INDEX MAP. 10-INDICATES AN EASEMENT DEDICATED TO THE CITY OF NEWPORT BEACH FOR PUBLIC EMERGENCY AND SECURITY INGRESS, EGRESS AND PUBLIC UTILITY PURPOSES. T�y/y/p7� TRACT NO. M222 ti LOT F N 69100'00'E 210.00' �`6s;P9,lj �Np Cl)N 43°34'02'E Nvd r RAD N 79 3• moo 1 \ �'00'00'E 17650'OD'w N89°S439. �w 38'22' L 110,00' "-� EtYSg' . R=_ 51. �D' �6 gig, N RAD `� • �2 CcQs\ 6 1�. F �83 3f',8' 27 r 29 a N 76'26'00' 98 E ,12, m' c°w o RAD o� oM N_6T54'27'E 30 N 79'00'00' E 95.96' N 76'26'00'E 107,99' 2 2.8 " 3 Ralo� o v O M �� N52AD o 5 0 2 N 79°0000 E 2 N 79�00'00' E J16 hoI RAD 8p 1r J RAD -PCC - `fin RAD N 27 0 76 26'00'E 100,00' 2 2 M 5 \_N 79'00'00' Eon co 27.5'� 27 5' 2 RAD -PCC _ a 3 32� o RAD N 72'21'00'E 103.00' M RAD N 67°15'00'E 26 - o 33 J' LOT E •oQ'0�'� - �; O- z RAD N 58 rR 24 Mo 2.052 AC ° �O O Z 34 0 �< • N 66°25154'E 230 j RAD _ a000Cl LOOT F ih`Q 4 35 36 37 37 2� 5 25 m", 39� 20�p0'E- N Qa ya 396D' � y2 p5ro5'E N RAD RAD - \ \ SEE SHEET CURVE TABLE N 35 502a 33wC-•. LOT D _ _ 0,802 AC 23 5 46 0 19 NO DELTA RADIUS ARC LGT TAN NO DELTA RADIUS ARC LGT TAN 1115°25'58' 25,00' 5037' 39.57' 16 5°44'55' 500.00' 50.17' 2510' 2 13°35'49' • 51,50' 12.22' 6.14' 17 2'45'05' 500.00' 24,01' 12.01' 3 43°13'22' 380,00' 286,66' 150.54' 18 72'20'25' 20,00' 25.25' 14.62' 4 8°30'00' 472.50' 70.10' 35.11' 19 2'45'22' 90.50' 4.35' 218' 5 33'47'59' 90,50' 53.39' 27.50' 20 25'06'16' 65.00' 28.48' 14.47' 6 90°00'00' 15.50' 24,35' 15,50', 21 26'47'49' 65.00' 30.40' 15.48' 7 19'30'00' 245.50' 83.55' 42.18' 22 17'00'02' 90,50' 26.85' 13.53' 8 12051'53' 174,50' 39.18' 19.67' 23 8'39'38' 90,50' 13.68' 6.85' 9 91°48'07' 15.50' 24,83' 16.00' 24 6'08'00' 272.50' 29.17' 14.60' 10 25'39'40' 90,50' 40.53' . 20.61' 25 6°39'00' 272.50' 31.63' 15,83' 11 24'58'07' 90.50' 39.44' 20.04' 26 11°47'59' 90.50' 18.64' 9.35' 12 9'22'00' 422,50' 69,07' 34,61' 27 IT5128' 51.50' 16,05' 8.09' 13 14°40'00' 200,00' 51,20' 25.74' 28 7°35'59' 90.50' 12.00' 6,01' 14 8°30'00' 5K00' 74.18' 37.16' 29 2'34'00' 327,50' 14,67' 7,34' .15 5'42'13' 400.00' 39,82' 19,93' 1 30 1'48'00' 472.50' 14A4' 7A2' LOB' F � SCALE 1"=40' F\p 32 17 IV yakl�%- a22/ 9501' 21 QI'E N Q� o1 Q iRAO RC Q�2oA, 20 0 1 o" 15 ELJ r N Q �0'00'E 10100 ,3022E 2 n0 N5• �ARpO s� 21 5 Z, 6 w 68°50'00'E 114.00' LOT A 1,604 AC LO7 E 2,052 AC 5 N 100p0� w 21 cP a o W s 0 0 � o a 22 ;off W N 71o49'35'E 90.32' c o o 0 5,00 0 oN ;n 2 Q3� Q°�000 N N 3g00' 13 'o ro� in N L 'A UNIT OF "TENTATIVE TRACT NO., 15011 18.577 AC.-.TRAC T N O.. .15243, 66,LOTS AND LOTS,A THRU F 'IN THE CITY OF NEWPORT BEACH,' COUNTY OF ORANGE, DATE OF SURVEY :' JULY 1995 STATE OF CALIFORNIA MDS CONSULTING JULY 1995; GARY W. DOKICH, L.S. 4693 SEE SHEET 2 FOR BASIS OF'BEARINGS, MONUMENT NOTES, NOTES AND INDEX MAP. �J INDICATES AN EASEMENT DEDICATED TO THE CITY OF NEWPORT BEACH FOR PUBLIC EMERGENCY AND SECURITY INGRESS,',EGRESS AND PUBLIC UTILITY PURPOSES.. LOOT F SCALE 1" = 40' M.M.TRACT NOo . 15222 UV 90'00'00' 10,00' 15.71' 10.00 88'48'40' - 15.50' 24,03' 15.1E 3 13'28'40' 225.50' 53.04' 26,6 1 19430'00' 194.50' 66,20' 33.4 5 83007'30' 15.50' 22,49' 13.7 i 1'37'30' 527.50' .' 14.96' 7.4 7 17°36'56' 172.50' 53.04' 26.7 3 21'28'50' 90.50' 33.93' 17,1; 3' 6'30'00' 472.50' 70.10' 35.1 1 14'40'00' 200.00' 51.20' 25.7 8030'00' 500.00' 7418' ' 37.1 5'44'55' 500.00' 50.17' 25.1 3 2'45'05' 500.00' 24,01' 12.0. 1106'30'00' 10.00' 18.59' 13.3 5 74010'00' 30,00'. 38.83' 22,E i 3'45'12' 227.50' 14,90' 7 ° 9054'38' 51,50' 8.91' 4! 77-1119dl' SLSO' 41.3 on W 2 N W W U) _y 0F� �< 0 [PARCEL flap NO. 94-M P.M.B. 29/ / 27 e 31 PORVON PARCEL 2 Ay° AOpp�F. R p , PMzO LOT F / j . / � 39229 SEE SHEET 2 m WI W V) AN 1.9 1996'